ORDINANCE NO CITY OF GARDENDALE, ALABAMA

Transcription

1 ORDINANCE NO CITY OF GARDENDALE, ALABAMA 2/3/2009 This is a copy of our current Zoning Ordinance #97-15 adopted in 1997, including some amendments. However, it should be noted that other ordinances related to zoning have been adopted by the City which are not included in this ordinance. The City advises all persons with an interest in specific zoning regulations to contact the Inspection Services department to determine if there are any other applicable ordinances or regulations. The City of Gardendale is currently working on a new zoning ordinance which, when completed, will incorporate several additional ordinances and will provide other updates and changes. Please feel free to contact the Inspection Services Department at for additional information or assistance. 1

2 ORDINANCE NO TABLE OF CONTENTS PAGE ARTICLE I. SHORT TITLE 14 ARTICLE II. PURPOSE 14 ARTICLE III ADMINISTRATION AND REVIEW PROCEDURES Enforcing Officer Building Permit Required Plot Plan Site Plan Review Approval of Building Permit Application Denial of Building Permit Application Certificate of Occupancy Expiration of Building Permit Unlawful Structure Penalties Remedies Interpretation of District Boundaries Interpretation of Uses Unclassified Uses Zoning Board of Adjustment Appointment Procedure Powers and Duties Administrative Review Variances Justification Application for a Variance Public Notice Required Action on Appeals Appeals - How Taken Stay of Proceedings Appeals from the Action of the Board

3 ARTICLE III. PAGE 4.8 Variances Not Required for Certain Lots Special Exception Uses Special Exception Procedures Public Notice Amendments to Zoning Ordinance or Zoning Map Authority to Amend Authorized Petitioners Petition for Amendment Public Notice City Council Action on Amendments Notification and Adoption Requirements Limitations on Rezoning Requests 28 ARTICLE IV. DEFINITIONS Purpose of Definition Interpretation Word Usage Words and Phrases Defined Uses Defined Agriculture Uses Residential Uses Institutional Uses Commercial Uses Industrial Uses ARTICLE V. GENERAL REGULATIONS General Use Regulations Application of this Ordinance 57 3

4 3.0 Except as Otherwise Provided for in this Ordinance 4 57

5 ARTICLE V. PAGE 4.0 Joint Occupancy Public Utilities Non-Conforming Uses Non-Conforming Lots of Record Continuance Restoration to Safe Condition Restoration After Damages Abandonment Annexed Property Change in Use Abandoned Right-of-Way Abatement of Noise, Smoke, Gas, Vibration, Fumes Dust, Fire, and Explosion Hazard or Nuisance Reduction in Lot Area Prohibited Structures Conforming to District Regulations But Not Other Regulations 60 Buildings to be Moved 60 ESTABLISHMENT OF DISTRICTS ARTICLE VI A-1 Agriculture District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) 5

6 ARTICLE VI. PAGE E-1 Single-Family Residential District (Estate) Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) R-1 Single-Family Residential District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) R-2 Single-Family Residential District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) R-3-A Manufactured (Mobile) Home Subdivision District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Manufactured (Mobile) Home Standards Procedure for Plat Approval Additional Regulations (When Applicable) R-3-B Manufactured (Mobile) Home Park District Intent Uses Permitted Site Standards Installation Storage Facilities, Accessory Uses and Structures Off-Street Parking and Streets Service Facilities

7 ARTICLE VI. PAGE Buffer Requirements Signs Landscaping Patio Ownership Fences R-4 Multi-Family Residential District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) RT-4 Townhouse Residential District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) RG Garden Home Residential District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) Inst-1 Institutional District Intent Uses Permitted Area and Dimensional Regulations Change In Ownership Buffer Requirements Additional Regulations (When Applicable) Inst-2 Institutional District Intent Uses Permitted

8 ARTICLE VI. PAGE Special Exception Uses Buffer Requirements Area and Dimensional Regulations Change In Ownership Additional Regulations (When Applicable) Inst-3 Institutional District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Change in Ownership Buffer Requirements Additional Regulations (When Applicable) CP Preferred Commercial District (Office) Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) C-1 Neighborhood Shopping District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) C-2 Community Business District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) C-3 General Business District Intent Uses Permitted Special Exception Uses

9 ARTICLE VI. VII. PAGE Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) I-1 Light Industrial District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) I-2 General Industrial District Intent Uses Permitted Special Exception Uses Area and Dimensional Regulations Buffer Requirements Additional Regulations (When Applicable) I-3-S Strip Mining District Intent Uses Permitted Area and Dimensional Regulations Additional Requirements Planned Unit Development (PUD) District Intent Objectives Definitions Permitted Uses Area and Dimensional Regulations Property Development Standards Procedure of Application for a Planned Unit Dev. Dist. Additional Requirements and Provisions Overlay District Intent SUPPLEMENTAL REGULATIONS Area Modification for Lots of Record 9

10 VII. PAGE General Yard Requirements Front Yard Modifications Rear Yard Modifications Height Modifications Fences and Walls Porches, Terraces, Balconies, Cornices and Eaves Accessory Buildings and Structures Satellite Dish Antennas Temporary Structures and Building Material Storage Outdoor Storage of Recreational Vehicles and Construction Equipment Private Swimming Pools Farm Hobby Farm Regulations Pertaining to Manufactured (Mobile) Homes Group Care Home Buffers Definition General Requirements for Buffers/Screening Modification or Waiver Pre-Engineered, All Metal Buildings Location

11 VIII. SPECIAL EXCEPTION USES IX Generally Special Exception Procedures Public Notice Required Shopping Center Gasoline Service Station Restaurant, Fast Food Hospital Nursing Care Facility Cemeteries Home Occupations Mini-Warehouse Private Tennis Courts Industrial Park Modular Homes R-4 Multi-Family Residential Development Pursuant To Article VI, 7.3, Special Exception Uses 153 OFF-STREET PARKING AND LOADING REQUIREMENTS Purpose of Off-Street Parking and Loading Requirements Off-Street Parking and Loading Terms Defined Required Off-Street Parking Spaces Off-Street Parking Design Requirements Location of Required Parking Parking Prohibitions Access Controls Required Off-Street Loading Spaces Off-Street Loading Design Standards Change in Parking and Loading Requirements 11

12 X. SIGN REGULATIONS Purpose and Intent Definitions Applicable to this Ordinance General Regulations Applying to All Signs Exempt Signs, Permit Exemptions Signs Permitted in Residential Areas Signs Permitted in the C-1 Neighborhood Shopping District Signs Permitted in the C-2 Community Business District and the C-3 General Business District 182 Signs Permitted in the CP Preferred Commercial (Office Building) District 184 Signs Permitted in the I-1 and I-2 Light and Heavy Industrial Districts 186 Signs Permitted in Unified Business Centers (Industrial Parks) Signs Permitted in the A-1 Agriculture District Portable/Temporary Sign Regulations Billboard Regulations Construction and Maintenance of Signs Required Permits, Fees and Inspections Issuance Denial Appeals of Permit Denial Permit Fees Inspection of Signs Unlawful Signs Confiscation of Signs Located in Public Right-of-Way Abandoned Signs Notification Removal of Signs

13 ARTICLE XI. LEGAL STATUS PROVISIONS Minimum Requirements City Not Subject to Ordinance Savings Clause Effective Date 194 (The remainder of this page is intentionally left blank) 13

14 (This page intentionally left blank.) 14

15 ORDINANCE NO ZONING ORDINANCE, GARDENDALE, ALABAMA AN ORDINANCE IN PURSUANCE OF THE AUTHORITY GRANTED BY VOLUME 10, TITLE 11, CHAPTER 52, CODE OF ALABAMA, 1975, AS AMENDED AND SUPPLANTED BY ALL APPLICABLE LAWS TO PROVIDE FOR THE ESTABLISHMENT OF DISTRICTS WITHIN THE CORPORATE LIMITS OF GARDENDALE, ALABAMA: TO REGULATE WITHIN SUCH DISTRICTS THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION AND THE USE OF BUILDINGS, STRUCTURES AND LAND: TO REPEAL ALL EXISTING ZONING ORDINANCES AND PENALTIES FOR THE VIOLATION THEREOF. THE GENERAL PUBLIC REQUIRING IT, BE IT ORDAINED by the City Council of Gardendale, as follows: 15

16 ARTICLE I SHORT TITLE This Ordinance shall be known as the "Zoning Ordinance of Gardendale, Alabama" and the map herein referred to (identified by the title "Zoning Map of Gardendale, Alabama") shall be further identified by the signature of the Mayor of Gardendale and attested to by the City Clerk. The Zoning Map of Gardendale is hereby adopted and made a part of this Ordinance. Such map is filed with the City Clerk of Gardendale at the time of the introduction of the Ordinance and will remain on file in the office of said clerk. Upon the adoption of this Ordinance, said map shall show by endorsement thereon the date of such adoption. ARTICLE II PURPOSE The zoning regulations and districts as herein established have been in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to regulate signs; to avoid undue concentrations of population; to facilitate the adequate provision of transportation, water, sewers, schools, parks and other public improvements. The regulations have also been made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. 16

17 ARTICLE III ADMINISTRATION AND REVIEW PROCEDURES 1.0 Enforcing Officer The provisions of this Ordinance shall be administered and enforced by the Building Inspector of the City. He may be provided with the assistance of such other person(s) as the City Council may direct. The Building Inspector (or duly authorized representative), in relation to this Ordinance, shall: Review all Building Permit applications with regard to conformance with all applicable provisions of this Ordinance and perform required inspections to insure such conformance. Issue all Building Permits and maintain records thereof. C. Issue all Certificates of Occupancy and maintain records thereof. D. Issue and renew, where applicable, all "temporary use" permits and maintain records thereof. E. Maintain current zoning maps and records of amendments thereto. F. Have the right to enter upon any premises at any reasonable time for the purpose of making inspections of land, structures and buildings necessary to carry out the enforcement of this Ordinance. If the Building Inspector shall find that any of the provisions of this Ordinance are being violated, he shall proceed to notify, in writing, the person(s) responsible for such violation(s), indicating the nature of the violation(s), and ordering the appropriate action necessary for correction of same. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with, or prevent violation of, its provisions. 2.0 Building Permit Required It shall be unlawful to commence earthwork or the construction of any building or other structure, including accessory structures or signs, or to store building materials or erect temporary field offices or to commence the moving, alteration or repair of any structure, including accessory structures, until the building Inspector of the City has issued for such work a Building Permit. Application for a Building Permit shall be made to the Building Inspector on forms provided for that purpose. 17

18 2.1 Plot Plan It shall be unlawful for the Building Inspector to approve any plans or issue Building Permits for any excavation or construction until he has inspected such plans, in detail, and found them in conformity with this Ordinance. To this end, the Building Inspector shall require that every application for a Building Permit be accompanied by a plot plan, drawn to scale, dimensioned and showing the following in sufficient detail to enable him to ascertain whether or not the proposed development is in conformance with the provisions of this Ordinance: The actual shape, proportion and dimensions of the lot to be built upon. The shape, size and location of all buildings or other structures to be erected, altered or moved and of any buildings or other structures already on the lot, both above and below existing grade. C. The existing and intended use of all buildings or other structures. D. The setback and side lines of the building(s) on adjoining lots and such other information concerning the lot (or adjoining lots) as may be essential for determining conformance with the provisions of this Ordinance. E. Every application for the use of land under and by virtue of the provisions of this Ordinance shall include therewith a plan showing the location of necessary fire hydrants with adequate water flow. In addition thereto, the applicant shall submit to the City a written agreement between the applicant and the appropriate water authority specifying that the applicant shall assume the responsibility of purchasing and having installed such fire hydrant(s) as required by the Gardendale Fire Department. The applicant shall also agree to pay the annual rental thereof, and such other charges that may be levied by the water authority for a period of two (2) years from the date of their installation. Such agreement shall be submitted to the Building Inspector for his and the Gardendale Fire Department's review and approval and shall be in full force and effect at the time of the issuance of any Building Permit provided for hereunder. In addition, where applicable, the applicant shall provide the Building Inspector with copies of all deed restrictions and/ or covenants which pertain to the subject property. 2.2 Site Plan Review 1 New construction and substantial site development expansion of all planned residential developments, townhomes, garden homes, five (5) or more multi-family dwellings, manufactured (mobile) home parks, manufactured (mobile) home subdivisions, institutional uses, commercial uses and industrial uses shall require the submission and approval of a site plan, a drainage study and plan and a traffic study and plan, (one (1) reproducible set and five (5) copies of each) prepared by a professional engineer who is licensed in the State of Alabama, containing the minimum information described below: 1 Amended Ord No

19 Cover Sheet with: 1. Name and location of the development; name, address and signature of the owner; name, address, signature and seal of the engineer. 2. Vicinity map. 3. Zoning and existing and proposed land use of the site. 4. Date, scale, north arrow and name of streets. Site layout, including property dimensions, rights-of-way, easements, location and dimensions of all buildings (existing and proposed), setbacks, driveway access, off-street parking and loading, circulation, screening, buffer yard landscaping and paving. C. Drainage Study and Plan: For each development, a drainage study and site plan must be furnished. Such study shall be made by, and such plan shall be prepared by, an engineer who is registered in the State of Alabama and is qualified to make such study and plan. The plan must be based on properly conducted studies and must show, in detail, reasonably satisfactory to the Building Inspector, the effect that the proposed development will have on the tract of land on which the development is proposed to be built and the land adjacent to and near such tract of land. The plan shall show the topography of the land included in the development. The plan shall include drainage, grading, excavation, topography, erosion and sedimentation, storm-water detention and floodplain management controls. The plan shall provide for such structures and devices as may be required to handle a 100-year flood, 24-hour storm. Neither the drainage plan, nor the recommendations therein, shall serve as a substitute for any other regulations with respect to drainage as provided for by the ordinances or regulations of the City. The Building Inspector may waive any requirements of the drainage study and plan that, in his opinion, are not necessary with respect to the proposed development. D. Public and private utilities, including sewage disposal system and water system. E. Fire lanes and hydrants. F. Traffic Study and Plan: For each development, a traffic study and plan, prepared by a registered traffic engineer, must be furnished. The study shall be prepared in accordance with generally accepted standards for traffic studies. The traffic study shall show, in detail reasonably satisfactory to the Building Inspector of the City, based on properly conducted studies, the effect that the proposed development will have on the area adjacent to and near the tract of land upon which the development is proposed to be built. The study shall make recommendations with respect to what additional traffic signals or devices will be needed adjacent to or near such tract of land because of the proposed development. The developer shall be required to pay the cost of any such signals and/or devices, if the Building Inspector considers them necessary, and any other traffic signals and devices that the Building Inspector considers necessary because of the proposed development. The Building Inspector may waive any requirements of the 19

20 traffic study and plan that, in his opinion, are not necessary with respect to the proposed development. 2.3 Approval of Building Permit Application If, after review, it is found that the proposed construction, excavation, moving or other alteration (as set forth in the application) is in conformity with the provisions of this Ordinance, the Building Inspector of the City shall issue a Building Permit accordingly. 2.4 Denial of Building Permit Application The applicant, upon notification by the Building Inspector of a Building Permit denial, may make application to the Chairman of the Zoning Board of Adjustment and request a hearing before that body. 2.5 Certificate of Occupancy No land or building(s) or other structure(s) or part thereof erected, moved or altered in its use shall be used or occupied until the Building Inspector of the City shall have issued a Certificate of Occupancy. Within three (3) days after the owner (or his agent) has notified the Building Inspector of the City that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Inspector of the City to make a final inspection thereof and issue a Certificate of Occupancy, if the building or premises or part thereof is found to conform with the provisions of this Ordinance; or, if such Certificate is refused, to notify the owner, in writing, stating the cause for such refusal. Appeals from the decision of the Building Inspector shall be heard by the Zoning Board of Adjustment. 2.6 Expiration of Building Permit Any permit, under which no construction work has been performed within six (6) months or which has not been completed within one (1) year from the date of issuance, shall expire by limitation but shall, upon reapplication, be renewable, subject, however, to the provisions of all Ordinances in force at the time of said application for renewal. 2.7 Unlawful Structure Any uses of land or dwellings or construction or alteration of buildings or structures erected, altered, razed or converted in violation of any of the provisions of this Ordinance are hereby declared to be a nuisance per se. The Building Inspector is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use of a structure, land or building. Whenever the Building Inspector has declared a structure to be in violation of any applicable provisions of this Ordinance, the owner or occupant shall, 20

21 within seventy-two (72) 21

22 hours from receipt of notification from the Building Inspector to vacate such premises, accomplish such vacation of said structure or premises which shall not again be used or occupied until such structure or premises has been adapted to conform to the provisions of this Ordinance. Service of notification shall be as follows: By delivery to the owner personally or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or, By depositing the notice in the United States Post Office addressed to the owner at his or her last known address with postage prepaid thereon; or, C. By posting and keeping posted twenty-four (24) hours, a copy of the notice in a conspicuous place on the premises to be repaired. 2.8 Penalties Any person, firm, corporation or other organization which violates any provisions of this Ordinance, shall be fined, upon conviction, not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) and court costs for each offense. Each day such violation continues, shall constitute a separate offense. The conviction of a violation and imposition of any fine shall not constitute an exemption from compliance with the provisions of this Ordinance. 2.9 Remedies In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or, if any building, structure or land is used in violation of this Ordinance, the Building Inspector of the City or any other appropriate authority or any adjacent or neighboring property owner within five hundred feet (500') who would be damaged or caused hardship by such violation, in addition to other remedies, may: (1) institute an Injunction, (2) Mandamus, or (3) other appropriate action or proceedings to stay or prevent occupancy of such building, structure or land Interpretation of District Boundaries The Zoning Board of Adjustment shall make an interpretation of the "Gardendale Zoning Map" upon request of any person. Where uncertainty exists as to the boundaries of any district shown on said map, the following rules shall apply: Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines shall be construed to be such boundaries. In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on such maps. 22

23 C. Where boundaries are approximately parallel to public right-of-way lines, such boundaries shall be construed as being parallel thereto Interpretation of Uses This Ordinance recognizes the limitations of the district use listings given the infinite variations of essentially similar uses. Therefore, the Building Inspector is empowered to make interpretations so as to classify any questioned use within a listed use of most similar impact and characteristics. However, in no case shall the Building Inspector interpret a use as falling in one listed use when the use in question is more similar in impact and characteristics to another listed use. Any appeals related to the Building Inspector's use interpretation may be filed with the Zoning Board of Adjustment Unclassified Uses In the event the Building Inspector finds a new or unusual use that cannot appropriately fit a listed use in any district, the following procedures shall be used to determine the proper district: If compatible with the existing zoning district intent, the unclassified use shall be permitted by Special Exception upon approval and subject to the conditions set by the Gardendale Planning and Zoning Commission. If the unclassified use is deemed to be incompatible with the intent of the existing zone district by the Building Inspector shall then consult with the Gardendale Planning and Zoning Commission in order to: [1] draft an appropriate definition for the use; [2] determine the most appropriate zone district(s) for the use. C. Following the steps contained in number B above, the Planning and Zoning Commission shall hold a public hearing to initiate an amendment to the Ordinance to include a specific definition for the unclassified use and a listing of zone(s) the use would be permitted in, including any specific conditions or criteria required. D. Following the public hearing by the Planning and Zoning Commission, the Planning and Zoning Commission shall submit its recommendation(s) to the City Council for final action. (All public hearing notification and publication requirements required by law shall be met with respect to the public hearings held by both the Planning and Zoning Commission and the City Council.) E. Following final action by the City Council, said amendments shall be incorporated into the zoning ordinance. 3.0 Zoning Board of Adjustment 3.1 Appointment A Zoning Board of Adjustment is hereby established. Such Board shall be appointed as provided by 23

24 , Code of Alabama, 1975, or as such may be amended; and it shall have all powers granted therein. 3.2 Procedure The Zoning Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the Chairman or, in his absence, the Acting Chairman. He may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Zoning Board of Adjustment shall keep minutes of its proceedings, showing the vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the official records of the Board. 3.3 Powers and Duties The Zoning Board of Adjustment shall have the following powers and duties as granted in 3.2 above and as herein specified. 3.4 Administrative Review The Zoning Board of Adjustment shall hear and decide appeals where it is alleged that an error exists in any order, requirement, decision or determination made by the Administrative Official in the enforcement of this Ordinance. 4.0 Variances To authorize, upon appeal in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. 4.1 Justification Variances to the terms of this Chapter may be granted on individual cases upon a finding by the Zoning Board of Adjustment that the variance will not be contrary to the public interest; and, where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. Another essential factor is that the spirit of the Ordinance shall be observed and substantial justice done. More specifically, the Board shall determine all of the following criteria have been satisfied: The Board should make proper adjustment to prevent unnecessary hardship, even to the extent of authorizing non-conforming uses. Where the Board authorizes a nonconforming use in a district to prevent unnecessary hardship, all relevant factors, when taken together, must indicate that the plight of the premises in question is unique in that they cannot be put reasonably to a conforming use because of the limitations imposed upon them by reason of their classification in a specific zone. 24

25 Variances should be permitted only under peculiar and exceptional circumstances. C. Hardship alone is NOT sufficient. Alabama Statutes require unnecessary hardship. D. Mere financial loss of a kind, which might be common to all of the property owners in a district, is not an unnecessary hardship. E. When a hardship is self-inflicted or self-created, there is no basis for claim that a variance should be granted. F. Variances should be granted sparingly and the spirit of this Chapter, in harmony with the spirit of State Law, should be carefully preserved to the end that the structure of this section would not disintegrate and fall apart by constant erosion at the hands of the Zoning Board of Adjustment. 4.2 Application for a Variance An application for a variance shall be filed with the Chairman of the Zoning Board of Adjustment at least fifteen (15) days prior to the scheduled hearing date before the Zoning Board of Adjustment. The application shall be filed by the property owner or the authorized agent of the owner on a form made available by the Building Inspector and shall include the following: Name, signature and address of the property owner and agent of the property owner, if any. Address of the property under consideration. C. Zoning and land use of the property under consideration. D. Justification for the variance in accordance with ALL of the criteria in 4.0, Subsection 4.1. E. A vicinity map showing the location of the property. F. A plot plan, drawn to scale and dimension, showing the property boundaries and proposed development layout with the variance noted or highlighted. G. The names and addresses of adjacent property owners, as shown on the most recent records of the Jefferson County Tax Assessor's Office. H. A Fifty Dollar ($50.00) Administrative Fee is required from the applicant or agent at the time the application for a variance is made, plus the cost incurred in notification and publication. 25

26 4.3 Public Notice Required At least seven (7) days prior to the scheduled Zoning Board of Adjustment hearing, the Chairman of the Zoning Board of Adjustment shall give written notice of the variance request to all adjacent property owners. Such notice shall be deemed given when deposited in the United States Mail, First Class, Postage Prepaid, addressed to such property owners at the addresses as submitted with the variance application, as well as publication in a newspaper of general circulation throughout the City and/or posting of such notices in four (4) conspicuous places within the City (if there is no newspaper of general circulation). Any error in the addresses of such notices shall not invalidate the giving of notice, provided that no more than five percent (5%) of the total number of notices given contain any such error. Such notice shall state the following: The name of the applicant. The location of the property. C. The nature of the variance and applicable zoning provisions. D. The time, date and location of the Zoning Board of Adjustment hearing at which said application is to be considered. 4.4 Action on Appeals In exercising the above-mentioned powers, the Zoning Board of Adjustment may, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm (wholly or in part) or modify the order, requirement, decision or determination as to what should be made and, to that end, shall have powers of the Administrative Official from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to affect any variation in the application of this Ordinance. 4.5 Appeals - How Taken Appeals to the Zoning Board of Adjustment may be filed by any person aggrieved by any officer, department, board or bureau of the City affected by any decision of the Administrative Official. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days or such lesser period as may be provided by the rules of the Board, by filing with the Building Inspector and the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all papers constituting the record upon which the action was appealed. The Zoning Board of Adjustment shall fix a reasonable time for hearing the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. 4.6 Stay Of Proceedings An appeal stays all proceedings in furtherance of the action appealed, unless the Building Inspector certifies to the Zoning Board of Adjustment (after the notice of appeal is filed by him) that, by reason of 26

27 facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Adjustment or by a court of record on application, on notice to the Building Inspector from whom the appeal is taken and on due cause shown. 4.7 Appeals From the Action of the Board Any party aggrieved by any final judgment of the Zoning Board of Adjustment may appeal therefore to the Circuit Court or court of like jurisdiction as provided by , Code of Alabama, 1975, or as the same may be amended, within fifteen (15) days from the date of the Board hearing. 4.8 Variances Not Required for Certain Lots 2 A variance shall not be required for the construction of a dwelling on a vacant lot that was zoned RG Garden Home Residential District on July 19, 2004, which lot became a non-conforming lot as a result of the increased minimum lot area or the increased minimum lot width provisions of Ordinance No , adopted by the City Council on July 19, 2004; provided that the lot does, and the dwelling, when constructed will, comply with all of the applicable requirements of the Zoning Ordinance for lots in RG Garden Home Residential Districts except the minimum lot area and/or the minimum lot width requirements. 5.0 Special Exception Uses In certain cases, certain land uses are identified for special zoning treatment. The nature of these uses is such that, when properly regulated, they are appropriate in several zone districts. In order to bring about the proper integration of uses into the City's land use pattern, a special set of criteria or standards may be provided for each use listed in the Special Exception Use category. Review of these standards will tend to maintain compatibility with adjoining land uses and it is intended that the Gardendale Planning and Zoning Commission will review all such proposals for these types of uses for compliance with the appropriate provisions before approval is granted and appropriate permits are issued. (See Article VIII.) 5.1 Special Exception Procedures All uses listed as permitted by Special Exception shall require the submission of an application to the Planning and Zoning Commission. An application for a Special Exception Use shall be filed with the Chairman of the Gardendale Planning and Zoning Commission on forms provided in the Building Inspector's office at least twenty-one (21) days prior to the scheduled hearing date before that Board. Such application shall be filed by the property owner (or the authorized agent of the property owner), containing the following information: Name, address and signature of the property owner and agent of the property owner, if any. 2 Amended Ord No

28 Address of the property under consideration. C. Existing zoning and land use of the property under consideration. D. Proposed use by Special Exception. E. A vicinity map showing the location of the property. F. A site plan, prepared by a professional engineer licensed in the State of Alabama, drawn to scale and dimensions, showing the property boundaries and the proposed development layout as listed in 2.2, except for hobby farm, home occupation, and private tennis courts where a plot plan may be required. G. In addition, the applicant or agent must, at the time of application, provide the names and addresses of adjacent property owners, as well as those property owners within five hundred feet (500') of the subject property, as shown on the most recent records of the Jefferson County Tax Assessor. H. A seventy-five dollar ($75.00) administrative fee is required from the applicant or agent at the time the application is made, plus the cost incurred in the required notification and publication. 5.2 Public Notice At least seven (7) days prior to the scheduled Planning & Zoning Commission public hearing, the Chairman of the Planning & Zoning Commission shall give written notice of the proposal to all adjacent property owners as well as those property owners within five hundred feet (500 ft.) of the subject property. Such notice shall be deemed given when deposited in the United States Mail, First Class, Postage Prepaid, addressed to those property owners at their addresses as submitted by the applicant at the time application was made, as well as publication in a newspaper of general circulation throughout the City and/or posting of such notice in four (4) conspicuous places within the City. Any error in the addresses of such notices shall not invalidate the giving of notice, provided not more than five percent (5%) of the total number of notices contain any such error. Such notice shall contain the following: C. D. The name of the applicant. The location of the property. The proposed use by Special Exception. The time, date and location of the Planning and Zoning Commission public hearing. 6.0 Amendments to Zoning Ordinance or Zoning Map 28

29 The regulations and the number, area and boundaries of districts established by this Ordinance may be amended, supplemented, changed, modified or repealed by the City Council of the City of Gardendale; but, no amendment shall be considered, unless it is first submitted to the Gardendale Planning and Zoning Commission for its review and recommendation. This body may, on its own initiative, propose changes and hold public hearings (public notice of which shall be given) for the consideration of any proposed amendment to the provisions of this Ordinance or to the Official Zoning Map of the City of Gardendale. 6.1 Authority to Amend Whenever public necessity, convenience, general welfare or good zoning practices warrant such action, the City Council may, by favorable vote of a majority of the members, amend the regulations or zoning district boundaries herein established, in accordance with the Code of Alabama, 1975, , or as same may be amended. 6.2 Authorized Petitioners A petition for amendment to this Ordinance or the Zoning District Boundaries may be initiated by the City Council, the Planning and Zoning Commission or by the owner or agent of such property owner. 6.3 Petition for Amendment A petition for amendment, when initiated by the property owner or by the authorized agent of such owner, shall meet the application requirements of this section. The application for rezoning shall be made on a form available from the Building Inspector and shall be filed with the Chairman of the Planning and Zoning Commission at least twenty-one (21) days prior to the Planning and Zoning Commission hearing. The applicant shall provide the following information and materials: 1. Name, signature and address of the property owner and agent of the property owner, if any. 2. Address and legal description of the property under consideration, accompanied by a copy of the applicable tax maps clearly identifying the property subject to the rezoning request. 3. Present and proposed zoning and land use of the property under consideration. 4. Reason for the rezoning request. 5. Availability of required utilities and methods of storm water 29

30 drainage and traffic control. 6. A vicinity map, drawn to scale, showing the size and location of the subject property. 7. A site plan, drawn to scale and dimensions, showing the property boundaries, public rights-of-way, and the proposed use and development layout. 8. The names and addresses of all adjacent property owners, as well as property owners within five hundred feet (500') of the subject property, as shown on the most recent records of the Jefferson County Tax Assessor. 9. A One Hundred and Fifty Dollar ($150.00) Administrative Fee, plus the cost incurred in the notification by certified mail and publication. 6.4 Public Notice At least seven (7) days prior to the scheduled Planning and Zoning Commission hearing, the Chairman of the Planning and Zoning Commission shall give written notice of the proposal to all adjacent property owners, as well as those property owners within five hundred feet (500') of the subject property. Such notice shall be deemed given when deposited in the United States Mail, First Class, Postage Prepaid, addressed to those property owners at their addresses as submitted by the applicant at the time application was made, as well as publication in a newspaper of general circulation throughout the City and/or posting of such notice in four (4) conspicuous places within the City. Any error in the addresses of such notices shall not invalidate the giving of notice, provided not more than five percent (5%) of the total number of notices contain any such error. Such notice shall contain the following: C. D. The name of the applicant. The location of the property. The proposed use of the property requested to be rezoned. The time, date and location of the Planning & Zoning Commission public hearing. 7.0 City Council Action on Amendments 7.1 Notification and Adoption Requirements Upon receipt of the recommendation of the Planning and Zoning Commission in of favor of a proposed zoning amendment, the City Council shall give a "first reading" of the proposed amendment at a regularly-scheduled City Council meeting and set the date for a public hearing. At least fifteen (15) days prior to the public hearing before the City Council, the City Clerk shall publish the proposed zoning amendment once a week for two (2) consecutive weeks (once in its entirety and once in a synopsis form referring to 30

31 the date and name of the newspaper in which the proposed amendment was first published) in advance of its passage in a newspaper of general circulation throughout the City. Said advertisement shall also contain a notice stating: (1) the name of the applicant; (2) the location of the property; (3) the proposed use of the property requested to be rezoned; and (4) the time, date and location of the City Council public hearing. Such notice shall further state that, at such public hearing, all persons who desire shall have an opportunity of being heard in opposition to or in favor of the amendment. In addition, such notice shall be posted in four (4) conspicuous places within the municipality. However, if there is no newspaper of general circulation published within the City, the City Council must cause the synopsis only to be posted in four (4) conspicuous places within the municipality. Until these publication requirements have been met, no adoption of a zoning ordinance or amendment thereto will be valid. C. The City Clerk shall also give written notice by certified mail to all adjacent property owners, as well as those property owners within five hundred feet (500') of the subject property a minimum of fifteen (15) days prior to the scheduled public hearing date. However, this notification procedure shall not apply to amendments initiated by the City. D. At the time and place scheduled for the public hearing of the proposed amendment, the City Council shall hear the presentation of the applicant, review the recommendation of the Planning and Zoning Commission and hear any arguments in opposition to and/or support of the proposal by the general public. E. After such hearing, the governing body may adopt the Ordinance as reported by the Planning and Zoning Commission or in such amended form as it deems best. However, if the governing body makes substantial changes in the Ordinance as first advertised, the governing body should hold another public hearing after giving notice as described above. F. After the Ordinance is adopted by the governing body, it must again be published in the same manner as all municipal ordinances, subject to the provisions of of the Code of Alabama, G. Upon receipt of a negative recommendation from the Planning and Zoning Commission on a proposed amendment, the City Council shall review the proposed amendment and the procedures set forth above shall be followed upon the initiative of the applicant. 8.0 Limitations on Rezoning Requests Should the City Council reject a rezoning amendment proposal by a property owner, the same 31

32 kind of rezoning of the same tract of land will not be considered by the Planning and Zoning Commission until a period of six (6) months has elapsed from the date of such action by the City Council. Further, a withdrawal of the application for rezoning, after the hearing held by the Planning and Zoning Commission but prior to the hearing held by the City Council, shall also require a six (6) month time period before another application may be submitted. However, the Planning and Zoning Commission may adjust this time period if, in the opinion of a majority of the Commission, an unusual situation or circumstance exists which would warrant another hearing. Each time the zoning amendment application is made, the required filing fee must be paid. Under no condition shall the fee be refunded for failure of such proposed amendment to be enacted into law. (Rest of this page intentionally left blank) 32

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34 ARTICLE IV DEFINITIONS 1.0 Purpose of Definition For the purpose of this Zoning Ordinance, certain terms used in this Ordinance shall have the meanings defined by this Article. In the event a term is not listed in this Article or is not defined elsewhere in this Ordinance, the conventional meaning of the term shall apply. 2.0 Interpretation The Building Inspector is authorized to make a final determination of the meaning of any term used in this Ordinance. In the case of any dispute, an appeal of the Building Inspector's determination may be filed with the Zoning Board of Adjustment. 3.0 Word Usage In the interpretation of this Zoning Ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise. Words used or defined in one tense or form shall include other tenses and derivative forms. Words in the singular number shall include the plural number and words in the plural number shall include the singular number. C. The masculine gender shall include the feminine and the feminine gender shall include the masculine. D. The word "shall" is mandatory and the word "may" is permissive. E. The word "person" includes an individual, firm, organization, partnership, trust, company or corporation. association, 4.0 Words and Phrases Defined The following general terms, when referred to in this Ordinance, shall have the meanings defined by this section: ABANDONED MOTOR VEHICLE - Any motor vehicle which is partially dismantled, inoperative (see inoperative motor vehicle), wrecked or junked which is left at any place on a street or highway within the City for a period of at least seventy-two (72) consecutive hours. 34

35 ABUT, ADJACENT, ADJOIN OR CONTIGUOUS - To physically touch or border upon or to share a common border with or be separated from the common border by an easement. ACCESS - A way or means of approach to provide physical entrance to a property. ACCESSORY STRUCTURE - A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. ACCESSORY USE - A use of land or of a building or portion thereof commonly associated with and integrally related to the principal use of the land or building on the same lot. ACRE - A measure of land containing 43,560 square feet of area. ADDITION - A structure added to the original structure at some time after completion of or after a Certificate of Occupancy has been issued for the original structure. ALLEY - A service way providing a secondary means of access to abutting property and not intended for general traffic circulation. ALTERATION - Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change to doors, or windows, or any enlargement to a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. APPLICANT - A person submitting an application for a permit, development of property, a variance, a special exception use or rezoning of property. BEDROOM - A room marketed, designed or otherwise intended to function primarily for sleeping. BASEMENT - A portion of a building located wholly or partially underground, having onehalf (1/2) or more of its floor-to-ceiling height above the average grade of the adjoining ground. BERM - A grass-covered or landscaped mound of earth with a slope of one-third (1/3) or greater on both sides of the mound used to screen activities of uses. BLOCK - A tract or parcel of land entirely surrounded by public streets other than alleys. BOARDER - An individual, other than a member of a family, occupying the dwelling unit or part thereof, who, for compensation, is furnished sleeping accommodations and is furnished meals and other services as a part of consideration. 35

36 BUFFER - A strip of land that is retained in an undeveloped state for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, reducing the effects of adjacent lighting and enhancing the natural environment. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls or earth berm. (See typical illustration below.) BUILDING -A structure designed to be used as a place of occupancy, storage or shelter. BUILDING, PRINCIPAL - See principal building. BUILDING, FRONT - The exterior wall of a building which faces the designated front lot line of the lot. BUILDING, HEIGHT - The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof. BUILDING LINE or BUILDING SETBACK LINE - A line generally parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located. BUILDING SPACING - The minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and eaves. CARPORT - A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three (3) sides. CITY - Shall mean the City of Gardendale, Alabama. CONDOMINIUM - An ownership arrangement - not a land use - characterized by private ownership and maintenance of one (1) dwelling in a multi-unit dwelling (or group of 36

37 multi-unit dwellings) or any combination thereof. Each resident (known as unit owners) enjoys exclusive ownership of his individual unit, holding fee-simple title thereto, while retaining an undivided interest (as a tenant in common) in the common facilities and areas of the buildings and grounds which are used by all the residents. COUNCIL or CITY COUNCIL - Shall mean the City Council of the City of Gardendale, Alabama. CUL-DE-SAC - A dead-end street terminated by a vehicular turnaround. DENSITY - The minimum required lot area per dwelling unit or maximum number of dwelling units per acre of site area. the DEVELOPMENT - The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, alteration, relocation or enlargement of a structure; any mining, dredging, fitting, grading, paving, excavation, drilling or disturbance of land; and any use or extension of the use of the land. DWELLING - Any building or portion thereof which is designed and used for residential occupancy. DWELLING, ATTACHED - Three (3) or more dwelling units adjoining one another by a common wall, roof or floor, such as a townhouse or apartment. DWELLING, DETACHED - A dwelling designed for and occupied by not more than one (1) family and having no roof, wall or floor in common with any other dwelling unit, such as a single- family residence, manufactured home, modular home, patio home or garden home. DWELLING, MULTI-FAMILY - A building containing two (2) or more dwelling units on a commonly shared lot, such as a duplex or apartment. DWELLING, SEMI-DETACHED - Two (2) dwelling units adjoining one another by a common wall, roof or floor, such as a duplex or twin townhouses. DWELLING, SINGLE-FAMILY A dwelling unit on an individual lot, such as a single-family residence, garden home, patio home, manufactured (mobile) home, townhouse or modular home. EASEMENT - Authorization by a property owner of the use of a designated part of his property by another for a specified purpose. FAMILY - One (1) or more persons living together as a single housekeeping unit. 37

38 FENCE - An artificially constructed barrier of any material or combination of materials, or vegetation which is planted or retained as a means to enclose or screen areas of land. FLOOR AREA, GROSS - The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. HOME OCCUPATION - A business, profession, occupation or trade conducted for gain or support and located entirely within the living area of a dwelling as an incidental activity of the residents of that dwelling. Moreover, such activity shall not alter the exterior of the property or affect the residential character of the neighborhood in which it is located. IMPROVEMENT - Any man-made immovable item which becomes a part of, placed upon or affixed to real estate. INOPERATIVE MOTOR VEHICLE - A motor vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. LIVABLE FLOOR AREA - Any floor area within a dwelling usable for any combination of sleeping, eating, cooking, recreation or working purposes. LOT - A parcel of land in one (1) ownership, used or set aside and available for use, as the site of one (1) or more buildings and accessory structures or for any other purpose. LOT, CORNER - A lot which occupies the interior angle at the intersection of two street lines. The street line forming the least frontage shall be deemed the front of the lot, except where the two street lines are approximately equal, in which case the owner shall be required to specify which is the front. 3 LOT, DOUBLE FRONTAGE or THROUGH - A lot having frontage on two (2) or more streets, but not at their intersections. LOT, INTERIOR - A lot other than a corner lot. LOT, REVERSE FRONTAGE - A double frontage lot having a rear yard on a major street and a front yard and access to a local or marginal access street. LOT, FLAG - A parcel of land which does not have the required minimum lot width at the building line but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the flag pole) are parallel or nearly parallel. These provisions are intended for tracts with limited frontage that would limit the number of lots with the required width, but the tract would have 3 Amended Ord No

39 sufficient area to the rear for one (1) or two (2) additional lots. (See illustration below for examples of various types of lots defined herein, including flag lot:) LOT AREA OR LOT SITE - The minimum area contained within the property of the individual parcels of land shown on a subdivision plat or survey. Lot area excludes any area within an existing or future street right-of-way or any area devoted to common open space. LOT FRONTAGE - The lot width measured at the street line. When a lot has more than one (1) street line, lot width shall be measured and the minimum lot width required by this Ordinance shall be provided at each such line. LOT LINE - A line bounding a lot which divides one (1) lot from another or from a street or from any other public or private place. LOT LINE, REAR - That lot line which is parallel to and most distant from the front line of the lot. In the case of an irregular or triangular lot, a line ten feet (10') in length, entirely within the lot, parallel to and at the maximum distance from the front lot line shall be considered to be the rear lot line. (See following examples:) 39

40 LOT LINE SIDE - Any lot line other than a front lot line or a rear lot line. LOT LINE, FRONT - The lot line the principal structure parallels shall be considered the front yard of the lot. In cases where structures face two (2) streets, the lot line that has the least frontage shall be deemed to be the front yard. Where lot lines are approximately the same, the owner shall specify which shall be considered the front yard. (See illustration under Yard, Rear.) LOT OF RECORD - Any validly-recorded lot, which, at the time of its recording, complied with all applicable laws, ordinances and regulations. LOT WIDTH - The minimum distance measured between the side lot lines at the required building setback line. In the case of only one (1) side lot line, lot width is the distance measured between the side lot line and the opposite lot line. NON-CONFORMITIES - Lawful uses of lots, structures or characteristics of uses which, as a result of the adoption or subsequent amendment to this Ordinance, no longer conform to all applicable zoning provisions. OPEN SPACE, COMMON - Land area within a residential development that is held in common ownership and maintained by a homeowner's association for all of the residents for recreation, protection of natural land features, amenities or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this Ordinance to insure that it remains in such uses. Common open space does not include surface water bodies (i.e. rivers, streams, lakes or ponds) nor land occupied by non-residential buildings, common drive-ways or parking areas or street right-of-ways; nor does it include lots for single-family or multifamily dwellings. Common open space shall be left in a natural state or landscaped, except in the case of recreational structures. OUTDOOR STORAGE - The keeping, in an unenclosed area, of any goods, materials, merchandise, products or vehicles in the same place for more than forty-eight (48) hours. OWNER - The person or persons having the right and legal title to, beneficial interest in or a contractual right to purchase a lot or parcel of land. PERIMETER - The boundaries or borders of a lot, tract or parcel of land. PLANNED UNIT DEVELOPMENT (PUD) - A residential, commercial, or mixed use development guided by a master development plan which may include multiple phases of development and in which one or more of the zoning or subdivision regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and 40

41 location, in accordance with general guidelines. 4 PLANNING AND ZONING COMMISSION - Shall mean the Planning and Zoning Commission of the City of Gardendale, Alabama. PORCH - A roofed open area, which may be screened, attached to and with direct access to or from a building. PREMISES - A lot, parcel, tract or plot of land together with the structures thereon. PRINCIPAL BUILDING - The building, located on a lot or tract of land, in which the principal use is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other buildings which are clearly accessory in nature shall not be considered principal buildings. PROPERTY LINE - The lot line or boundary line. RETAIL - The provision of services or the sale of goods and merchandise at retail prices to the general public at large for use or consumption. SATELLITE DISH ANTENNA - An accessory structure designed to receive television broadcasts relayed by microwave signals from earth-orbiting communication satellites. SCREEN - To visually shield or obscure one abutting or nearby structure or use from another by means of opaque fencing, walls, berms or densely-planted vegetation. SIGHT TRIANGLE - A triangular-shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See following typical illustration.) 4 Amended Ord No

42 SITE - A parcel or parcels of land intended to have one (1) or more buildings or intended to be subdivided into one (1) or more lots. SITE AREA - A minimum land area required to qualify for a particular use or development. Site area is taken from an actual site survey and excludes: Land within an existing or future street right-of-way, or utility right-of-way easement; Land which is not contiguous or is cut off by a major barrier; Land which is part of a previously-approved development; and Land which is zoned for another use. SPECIAL EXCEPTION USE - A use which is permitted subject to special exception is a use that would not generally be appropriate without restriction(s) throughout the zoning district; but which, if controlled as to number, area, location or relation to the neighborhood, would not be detrimental to public health. This use is permitted, subject to a Special Exception Use permit being granted by the Planning and Zoning Commission and further subject to appropriate permits being issued in accordance with the provisions of this Ordinance. SPECIFIED ANATOMICAL AREAS - (1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, and (2) Human male genitals in a discernable turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES - Shall mean and include any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse or sodomy; and (3) fondling or other erotic touching of human genitals, pubic region, buttock or female breast. STORY - That portion of a building (other than a cellar) included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it. A mezzanine or partial floor shall be counted as a story if the vertical distance from the floor next below to the floor or ceiling next above is twenty-four feet (24') or more. STREET - Any vehicular way which has been dedicated to the public use, including all land within the right-of-way. STRUCTURE - Anything constructed or erected with a fixed location on the ground or attached to anything having a fixed location on the ground. All buildings are structures, but not all structures are buildings. SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lots, plats, sites or other divisions of land for the purpose (whether immediate or future) of sale or of building development. Such term includes resubdivision of land and, when appropriate to the context, relates to the process of subdivision or to the land or territory subdivided. TERRACE - A level, landscaped or surfaced area on a lot directly adjacent to or close to a 42

43 principal building and not covered by a permanent roof. 43

44 RECREATIONAL VEHICLE or TRAVEL TRAILER - A structure that is intended to be transported over the streets either driven as a motor vehicle or attached to or hauled by a motor vehicle and is designed for temporary recreational use as sleeping quarters but does not meet the definition criteria of a manufactured (mobile) home. USE - The activity or function that actually takes place or is intended to take place on a lot or site. VARIANCE - A relaxation or waiver of the terms of this Ordinance (other than use provisions) as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this Ordinance will result in unnecessary hardship. However, in all cases the spirit of this Ordinance shall be observed and substantial justice done, as determined by the Zoning Board of Adjustment. YARD - A minimum open area, unobstructed from the ground up, extending along a lot line and inward to the structure. The yard shall be measured as the shortest distance between the structure and the lot line. YARD, FRONT - A yard extending along the full width of the front lot line between side lot lines and from the front lot line to the front building line in depth. YARD, SIDE - A yard lying between the main building and the side lot line extending from the required front yard to the required rear yard. YARD, REAR - A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. (See typical illustrations of yards on following page.) 5 5 Amended Ord No

45 ZONING BOARD OF ADJUSTMENT - The Zoning Board of Adjustment and Appeals of Gardendale, Alabama. 5.0 Uses Defined When referred to in this Ordinance, the following uses shall have the meanings defined in this section: 5.1 Agriculture Uses FARM - A parcel of land, in one (1) ownership, used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to man, including the following activities: Forage and Sod Farms; Livestock, such as beef cattle, swine, sheep, goats, or any similar livestock; including the breeding and raising of such animals but 45

46 excluding commercial meat processing operations; Poultry, including egg production but excluding commercial poultry processing operations; Nursery operations involving the raising of plants, shrubs and trees for sale and transplantation, including greenhouses and the incidental sale of items customarily associated with a nursery operations; Bees and apiary installations and products; Fisheries, excluding commercial fish processing operations; Fruit and vegetables of all kinds, including the growing and harvesting of such fruit and vegetables, but excluding commercial food processing operations. Temporary sawmills and chippers (used in connection with timber cutting operations). Subject to the requirements set forth in Article VII, Supplemental Regulations, Barns and other accessory structures associated with farming and livestock. Subject to the requirements set forth in the Supplemental Regulations, Article VII, 11.0 including blacksmith operations. A booth or stall (farm stand). Subject to the requirements specified in the Supplemental Regulations, Article VII, Kennels. Residences as listed in the A-1 Agricultural District. FARM SUPPORT BUSINESS - A commercial establishment engaged in the sale of farm support goods and services, including the following activities: the sale of feed, grains, fertilizers, pesticides and similar farm support goods; the provision of warehousing and storage facilities for raw farm products; and the provision of veterinary services to farm animals. FOWL - Chickens, turkeys, ducks, geese, quail, guineas, etc. HOBBY FARM - A two (2) acre or larger tract of land used for the keeping or maintenance of farm animals personally useful to the occupants of a dwelling on the same tract. KENNEL - The keeping of three (3) or more dogs over six (6) months of age for profit. LIVESTOCK - Cows, horses, goats, sheep, swine, ponies, etc. 46

47 LIVESTOCK SALES - The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse or cattle auctions and similar activities. STABLE, PRIVATE - An accessory building in which horses are kept for private use and not for commercial purposes, hire or sale. 5.2 Residential Uses APARTMENT - Three (3) or more attached, multi-family dwelling units within a building of three (3) stories or less. DUPLEX - Two (2) attached, single-family dwelling units. GARDEN HOME - A detached, single-family dwelling designed on a small lot with one (1) zero lot line on one side. (See typical configuration below.) ZERO LOT LINE GARDEN HOME MANUFACTURED HOME (MOBILE HOME) - A structure, transportable in one (1) or more sections which, in its traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length; or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation, connected to the required utilities, and includes the plumbing, air conditioning, and electrical systems contained therein. If constructed on or before June 15, 1976, the unit bears a seal certifying compliance with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (DHUD). MANUFACTURED (MOBILE) HOME SUBDIVISION - A division of a tract of land - ten (10) acres or more - into two (2) or more lots, plats, sites or other subdivision of land which meets all required regulations and are owner occupied. MANUFACTURED (MOBILE) HOME PARK - A twenty (20) acre or larger tract of land used or designed to accommodate a manufactured (mobile) home community of multiple spaces for rent or lease. 47

48 MANUFACTURED (MOBILE) HOME LOT - A lot that is designed for use within a manufactured (mobile) home subdivision. MANUFACTURED (MOBILE) HOME SPACE - A space that is designed for use within a manufactured (mobile) home park. MODULAR HOME - A dwelling constructed in accordance with the Standard Building Code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home is not a manufactured home in that the latter (manufactured home) is constructed in a plant in accordance with the U.S. Manufactured Home Construction and Safety Standards Act of the U.S. Department of Housing and Urban Development and does not meet the requirements of the Standard Building Code. SINGLE-FAMILY RESIDENCE - A detached, single-family dwelling constructed on-site and in accordance with the requirements of the Standard Building Code. TOWNHOUSE - Two (2) or more attached, single-family dwellings within a building of six (6) or less units in which each unit shares a common wall and in which each unit occupies its own individual lot. 5.3 Institutional Uses ANIMAL SHELTER - A non-profit or public organization providing shelter for small domestic animals. CEMETERY - Human burial grounds. CEMETERY [PET] - Burial grounds for small domestic animals (Pets). CLUB - A group of people organized for a common purpose to pursue common goals, interests and activities and usually characterized by certain membership qualifications, payment of fees or dues, which holds regular meetings and has a constitution or by-laws. COMMUNITY CENTER OR CIVIC CENTER - A building, structure or other facility used for and providing religious, fraternal, social and/or recreational programs and activities generally open to the public and designed to accommodate and serve significant segments of the community. COUNTRY CLUB - Land or buildings containing recreational facilities and club house for private club members and their guests. 48

49 DOMICILIARY CARE FACILITY - Licensed homes for the aged, intermediate institutions and related institutions (not otherwise defined in this Ordinance) whose primary purpose is to furnish room, board, laundry, personal care and other non-medical services, regardless of what it may be named or called, for not less than twenty-four (24) hours in any week, to individuals not related by blood or marriage to the owner or administrator. This kind of care implies sheltered protection and a supervised environment for persons who, because of age or disabilities, are incapable of living independently in their own homes or in a commercial room and board situation, yet who do not require the medical and nursing services provided by a Nursing Home. In these facilities, there might be available, temporarily and incidentally, the same type of limited medical attention that an individual would receive if living at home. GROUP CARE HOME - A dwelling shared by handicapped persons, including resident staff, who live together as a single-housekeeping unit and in a long-term, familylike environment in which staff persons provide care and education and work toward enabling the resident to live as independently as possible in order that he or she may participate in community activities and, at the same time, work with the resident, the primary goal being for the handicapped person to reach his or her maximum potential. (See Code of Alabama, 1975, , Regulation as to housing of mentally-retarded or mentally-ill persons in multi-family zones, as amended.) HALFWAY HOUSE - A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. HOSPITAL - An establishment which provides health services primarily for in-patient medical or surgical care of the sick or injured, including accessory facilities such as laboratories, pharmacies, out-patient clinics, training facilities, gift shops, coffee shops, cafeterias and staff offices. MILITARY INSTALLATION - A government-sponsored defense facility, including military bases, national guard armories, military reserve centers and similar uses. NURSING CARE FACILITY - A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital but at a higher level than provided in a Domiciliary Care Facility. PARKS - Publicly-owned and operated parks, playgrounds, recreation facilities and open spaces. PENAL INSTITUTION - A public institution housing inmates for correction or rehabilitation. 49

50 PLACE OF WORSHIP - Buildings arranged for religious purposes, such as churches and synagogues, including related facilities for instruction, meeting, recreation, lodging, eating and other integrally-related activities. PUBLIC ASSEMBLY CENTER - Buildings arranged for the general assembly of the public at large for community events, including coliseums, stadiums and similar uses. PUBLIC BUILDING - Buildings arranged for the purpose of providing public services not otherwise defined in this section, including government offices, post offices, museums, libraries, transit stations, police and fire stations, emergency service stations, civil defense operations and similar uses. PUBLIC UTILITY FACILITY - A facility that provides public utility services to the public at large, including water and sewer facilities, gas distribution facilities, electric transmission and distribution facilities, and cable transmission and distribution facilities. PUBLIC UTILITY SERVICE - Essential utility services which are necessary to support development and which involve only minor structures such as lines and poles. SCHOOL - A public or non-profit school. 5.4 Commercial Uses ADULT BOOKSTORE - An establishment having, as a substantial portion of its stock in trade, books, magazines, or other periodicals, pictures, cassette tapes, or films which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "Specified sexual activities" or "Specified anatomical areas", or an establishment with a segment or section devoted to the sale, rental or display of such material. See 4.0 of this Article for definitions of Specified Anatomical Areas and Specified Sexual Activities.) ADULT THEATER - An establishment used for presenting motion pictures, films, theatrical productions or material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section, for observation by patrons. Such establishment may also include the sale and/or rental of books, magazines, video cassettes, and other forms of visual productions, for any form of consideration. (See 4.0 of this Article for definitions of Specified Anatomical Areas and Specified Sexual Activities.) ADULT ENTERTAINMENT ESTABLISHMENT - Shall mean a nightclub, bar, restaurant or similar establishment which frequently features live performances by topless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual 50

51 activities" or the exposure of "specified anatomical areas" for observation by patrons. (See 4.0 of this Article for definitions of Specified Anatomical Areas and Specified Sexual Activities.) AIRPORT - A place where aircraft can land and take off. Such use may include terminals, hangers, refueling and repair facilities, passenger accommodations and other integrally- related facilities. ANIMAL HOSPITAL - A place where small household pets are given medical treatment, which may also include surgical treatment, and in which short-term boarding of pets (within an enclosed building) may be provided. BAKERY (MINOR) - An establishment which bakes goods for on-premise retail sale. BANK OR FINANCIAL INSTITUTION - A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan institution, credit union, finance company and similar uses. BED AND BREAKFAST INN - A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. BOARDING OR ROOMING HOUSE - A facility consisting of not more than one dwelling unit occupied by a resident family or staff which manages the facility together with one or more rooms that are intended to be rented to long-term residents (at least a month to month basis), as distinguished from rooms in a bed and breakfast inn, hotel or motel which are intended to be rented on a short term basis (daily or weekly) to transient guests. Each room does not constitute a separate dwelling unit. BROADCAST STUDIO - Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including film and sound recording, a radio station, television studio or a telegraphic service office. BUSINESS OR PROFESSIONAL OFFICE - A place where the administrative affairs of a business or a profession are conducted, such as the office of a law firm, accounting or bookkeeping firm, real estate agency, insurance agency, financial planner, architect, secretarial service, physician or dentist, engineer, the administrative staff of business or industry and similar uses. BUSINESS SUPPORT SERVICE - A place of business which supplies support services primarily to business or professional offices or services, such as photocopy, office equipment, supplies and services, cleaning services, computer and office equipment repair and similar services. 51

52 CAMPGROUND - A group of buildings or structures, on a site of ten (10) or more acres planned, as a whole, for seasonal recreation or vacation uses, including tent campsites, travel trailer or recreational vehicle sites, vacation cottages, recreational facilities, eating facilities (such as picnic tables and/or outdoor grills) and bathrooms and may also include a facility which provides for the sale of personal items and gifts. CAR WASH - A commercial establishment engaged in washing or cleaning of automobiles and light vehicles. Such facility may be automated or employ the services of individuals to perform such services manually. CLINIC - A facility providing medical, psychiatric or surgical services for sick or injured persons exclusively on an out-patient basis. COMMERCIAL PARKING - Parking of motor vehicles on a temporary basis within a commercially-operated, off-street parking lot or garage. COMMERCIAL SCHOOL - A private, gainful business providing instructional service in the arts, business, crafts, trades or professions. CONVENIENCE STORE - A one-story retail establishment with less than two thousand (2,000) square feet of gross floor area that is primarily designed to sell food, beverages and other household goods and products to customers who purchase only a relatively few items at a time (in contrast to a supermarket). Such an establishment may also engage in the incidental sale of vehicle fuel, oil and accessories. (However, such business shall not engage in either major or minor vehicle repair activities as defined in this Ordinance.) DAY CARE CENTER - A licensed facility, other than a residence, providing day care on a regular basis to more than six (6) children, elderly, handicapped or infirmed persons. DAY CARE HOME (GROUP) - A licensed service operated from family home as a child care facility which receives at least seven (7) but no more than 12 children for care during part of the day and where at least 2 adults are present and supervising the activities conducted therein. DAY CARE HOME/CHILD CARE HOME - A child care facility which is a family home and which receives one to six children for care during all or part of the day, which is duly licensed and approved to operate as a day care home/child care home.6 ENTERTAINMENT, INDOOR - A commercial establishment providing spectator entertainment within an enclosed building, including movie theaters (shall NOT include adult theaters, adult entertainment or adult bookstore), Playhouses, etc..7 6 Amended Ord No Amended Ord No

53 ENTERTAINMENT, OUTDOOR - A commercial establishment providing spectator entertainment in open, partially-enclosed or screened facilities, including sports arenas, racing tracks, drive-in theaters, etc. (shall not include adult drive-in theater). FUNERAL HOME - A building (or part thereof) used for human funeral services. Such building may contain space and facilities for: a) embalming and the performance of other services used in preparation of the dead for burial; b) the performance of autopsies and other surgical procedures; c) the storage of caskets, funeral urns and other related funeral supplies; and d) space for the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted as an incidental use. GARDEN CENTER OR NURSERY - Retail sale of plants, trees, shrubs and the like for ornamental purposes conducted from a building, greenhouse, outdoor display area or stand, including incidental sales of items customarily associated with such sales activities (containers, fertilizers, ornaments, mulch, potting soil, small gardening tools, gardening equipment and seeds). GASOLINE SERVICE STATION - A commercial establishment providing fuel, lubricants, parts and accessories for vehicles, which may also engage in the incidental sale of food items and beverages. Minor vehicle repair activities (as defined in this section) may also be performed. However, neither the principal building nor the premises shall be used for the parking and display of motor vehicles offered for sale, nor such building or premises be used for the permanent storage of inoperable motor vehicles. All gasoline storage tanks shall be underground and in full compliance with Alabama Department of Environmental Management (ADEM) requirements. GENERAL RETAIL, ENCLOSED - Retail sales of goods and services, not otherwise defined in this section, including, but not limited to, food sales, department stores, clothing stores, home furnishings, appliance stores, automobile parts and supply stores, video rental, gift shops, florist shops, hardware stores, specialty shops, jewelry stores, variety stores, sporting goods stores, antique shops and similar retail activities (shall NOT include adult bookstore). 8 GENERAL RETAIL, UNENCLOSED - Retail sales of goods and services not otherwise defined in this section, conducted partially or fully outside of a building, including, but not limited to, sidewalk sales, outdoor food service and similar activities. GROCERY STORE/SUPERMARKET - A retail establishment which is usually in excess of 2,000 square feet in which the following items are normally sold: food items, beverages, household supplies, personal care items, etc. Such an establishment may also include magazine sales, the sale of automobile maintenance supplies and a deli and/or bakery, but shall not engage in any form of vehicle repair or maintenance or the sale of vehicle fuel. HOME IMPROVEMENT CENTER - A place of business providing building, yard and 8 Amended Ord No

54 garden materials, appliances, tools and supplies at retail or wholesale. HOTEL OR MOTEL - A commercial facility offering transient lodging accommodations on a daily or weekly basis. Such facility may also include, as an integral part of operations, such services as restaurants, meeting rooms, banquet rooms, gift shops, recreational facilities, etc. Hotels and motels may also include, as an incidental use, a liquor lounge in which liquor is sold for on-premise consumption. LIQUOR LOUNGE - A licensed establishment engaged in the preparation, sale or serving of liquor for consumption on the premises. This shall include, but not be limited to, the following terms: taverns, bars, cocktail lounges, nightclubs and similar uses where liquor consumption is a primary or incidental activity on the premises of the establishment. Such establishment shall not include Adult Entertainment as defined in this section. Not included in this definition are establishments which sell alcoholic beverages for off-premise consumption only, such as a package store, State Alcoholic Beverage Store, supermarkets, etc. MANUFACTURED (MOBILE) HOME SALES - A lot or tract of land used for display of manufactured (mobile) homes for sale. MEDICAL SUPPORT SERVICE - A place of business which supplies medical support services to individuals, medical practitioners, clinics and hospitals, such as a pharmacy (where the business activity is limited to the filling of prescriptions and the sale of drugs and medical supplies), a medical and surgical supply store, an optician and the like. MARKET - Retail sales of arts, crafts, produce, discontinued or used goods which are located partially or wholly outside or within an enclosed building. This may include produce market, craft market, farmers' market or similar activities. MINI-WAREHOUSE - A structure (or group of structures) that is partitioned for leasing of individual storage spaces and is exclusively used for the storage of non-volatile, non-toxic and non-explosive materials. The facility shall not be used for retail or wholesale sales operations. However, such facilities may be permitted to hold periodic auctions to dispose of unclaimed materials and goods that are stored and not reclaimed by the party or parties signing the lease agreement. PAWN SHOP - A commercial establishment in which products are either purchased from the general public or held for a given time period for a mutually agreed upon price and provided with a pawn receipt and the understanding that he or she may return to repurchase or redeem the item left within the specified time period. If the item is not reclaimed at or before the specified time period, the pawn shop may then assume ownership of the item or items and display such items for sale to the general public. Such establishments may or may not engage in the practice of accepting motor vehicle titles for monetary compensation. If, 54

55 however, this is the establishment s policy, no such motor vehicles may be stored on the premises of such establishment. 9 PERSONAL SERVICE - A retail establishment engaged in providing services involving the personal care of individuals, such as a barber shop, beauty shop or boutique, cosmetic studio, dry cleaning and laundry service, including laundromat, indoor gym, exercise or fitness centers, tanning salons, seamstress services, shoe repair, travel agencies, locksmiths, interior decorators, normal wear rental and similar uses. 10 PRINTING ESTABLISHMENT (MINOR) - A commercial establishment providing blueprinting, copying, printing, engraving or other reproduction services limited to 2,500 square feet of floor space/area. RECREATION - A commercial establishment providing recreational or sports activities to participants, including bowling alleys, billiard or pool parlors, video game centers, ice and roller rinks, golf driving ranges, miniature golf courses, conventional golf courses, swimming pools, tennis courts, racquet ball and other commercial recreational and sports activities and similar uses.11 RENT-ALL ESTABLISHMENT - A commercial establishment engaged in the rental of a wide variety of tools and equipment including, but not limited to, backhoes, awn mowers, garden tillers, cement mixers, chain saws, ladders, etc. Such is usually rented on an hourly, daily or weekly basis for remuneration. (All equipment and rental items must be stored entirely within an enclosed building or screened from public view by an opaque fence which is adequate in height to conceal such items from public view and all repairs must be conducted entirely within an enclosed building.) RESTAURANT, STANDARD - An establishment where food and drink are prepared, served and primarily consumed within the building where patrons are seated. RESTAURANT, FAST FOOD - An establishment where food and drink are rapidly prepared for carry-out, fast delivery, drive-thru or drive-in, which may also include facilities for standard sit down consumption by patrons. SHOPPING CENTER - A group of commercial establishments located on a lot, planned and developed in a unified manner and design, with shared parking and driveway facilities and under a common ownership or management authority. The premises shall not be used for the parking of vehicles offered for sale. 9 Amended Ord No Amended Ord No Amended Ord No

56 SPORTS FACILITY, INDOOR - 12 [Definition deleted.] STABLE, PUBLIC - An accessory building in which horses are kept for commercial use, including boarding, hire and sale. STUDIO - A place of work for an artist, photographer or craftsman, including instruction, display, production and retail sales of materials produced on the premises. VEHICLE SALES OR RENTAL - A commercial establishment engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational vehicles, boats and motorcycles, including the incidental parking, storage, maintenance, servicing and repair of such vehicles. (All servicing and repair work shall be performed within an enclosed building, with the exception of the washing and waxing of such vehicles.) VEHICLE REPAIR, MINOR - A place of business engaged in sales, installation and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/or replacement and similar activities. No such building or premises shall be used for the parking of vehicles which are offered for sale, nor shall any abandoned or inoperative motor vehicles be permanently stored on the premises. VEHICLE REPAIR, MAJOR - A place of business engaged in the repair and maintenance of vehicles, including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities, all of which shall be performed entirely within an enclosed building. No such building or premises shall be used for the parking of vehicles which are offered for sale, nor shall any abandoned or inoperative motor vehicles be permanently stored on the premises. 5.5 Industrial Uses BAKERY (MAJOR) - An establishment which bakes goods primarily for wholesale and/or retail which may include storage and distribution facilities. CONSTRUCTION SERVICE - A place of business engaged in construction activities and incidental storage, as well as wholesaling of building materials such as a building contractor, trade contractor or wholesale building supply store. A "home improvement center", which also sells at retail, however, is not included in this service. HEAVY INDUSTRY - Meat or poultry processing, slaughterhouse, storage or manufacture of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature. MANUFACTURING, GENERAL - The basic processing and manufacturing of materials 12 Amended Ord No

57 or products predominantly from extracted or raw materials, including the incidental storage, sale and distribution of such products. MANUFACTURING, LIGHT - The manufacture (predominantly from previouslyprepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, including the incidental storage, sale and distribution of such products. MAINTENANCE SERVICE - An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscaping services, window cleaning services, office cleaning services and similar uses. PRINTING ESTABLISHMENT (MAJOR) - An establishment which provides blueprinting, copying, printing, engraving or other reproduction services with no limit on floor space. RECYCLING PLANT - A facility that is not a junk yard and in which recoverable resources (such as newspapers, magazines, books and other paper products; glass; metal cans; and other products) are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production. RESEARCH LABORATORY - A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. RESOURCE EXTRACTION - The removal of soil, sand, clay, gravel, minerals or similar materials for commercial purposes, including quarries, sand and gravel operations, gas extraction and mining operations. SALVAGE YARD OR JUNK YARD - A lot or structure or part thereof used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. SANITARY LANDFILL - A State-Approved Site for solid waste disposal employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day. NOTE: A sanitary landfill should not be confused with a dump. Solid waste at a dump is disposed of without being compacted and covered. A sanitary landfill presents fewer health and aesthetic problems and has the potential of being reclaimed for other land uses later. 57 Hazardous or

58 radioactive waste material disposal is not permitted in a sanitary landfill. TRANSMISSION TOWER (NON-COMMERCIAL) - A non-commercial structure which may be situated in commercial or non-commercial areas and may include amateur radio towers, private receivers (ham operators), etc. The height of such structures are addressed in the accessory structure section of this Ordinance with respect to limitations. TRUCK TERMINAL - Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair and maintenance of trucks associated with the terminal. VEHICLE AND EQUIPMENT SALES, MAJOR - A place of business engaged in the sale or rental of heavy trucks (over one (1) ton), construction equipment, tractors and farm implements (and equipment), including the storage, maintenance and servicing of such vehicles and equipment. WRECKER SERVICE YARD - A lot or parcel of land used for the placement and/or outside storage of vehicles awaiting final disposition. Disabled vehicles shall not be placed or stored on the premises unless the property is properly zoned and all pertinent licenses maintained. Vehicles shall not be stored on the premises for a time period to exceed one hundred and twenty (120) days. This definition shall not be applicable to junk yards or salvage yards as defined in this Ordinance. (Remainder of page intentionally inserted here) 58

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61 ARTICLE V GENERAL REGULATIONS 1.0 General Use Regulations The following general regulations pertain to the administration, enforcement of and compliance with this Ordinance. 2.0 Application of this Ordinance No structure shall be constructed, erected, placed or maintained and no land use commenced or continued in the City of Gardendale, except as specifically or by necessary implication authorized by the City. 3.0 Except as Otherwise Provided for in this Ordinance No land may be used, except for a purpose permitted in the district in which it is located. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which the building is located. C. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the area and height limits of the district in which the building is located. D. The minimum building line, number of parking spaces and open spaces (including lot area per family) required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered as a required building or open space for any other building, nor shall any lot area be reduced below the requirements of this Ordinance. E. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building and one (1) main use on one (1) lot. Accessory structures shall not include living quarters; neither will sanitary facilities be permitted in accessory structures without the approval of the Gardendale City Council. 61

62 F. Every building or structure used by the general public hereafter constructed in the City shall conform with all applicable provisions of the American National Standard for Buildings and Facilities for Physically Disabled and/or Handicapped currently adopted. (Note: It should be noted that certain types of buildings are exempt from these requirements.) G. In no case shall basements of dwellings, residences or buildings be used as temporary living space prior to the total completion of the structure. 4.0 Joint Occupancy No structure shall be erected, structurally altered for or used as a single-family or two-family dwelling simultaneously with any other use. 5.0 Public Utilities Utility structures, including, but not limited to, poles, wires, crossarms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other utilities may be constructed, erected, repaired, maintained or replaced within any district of the City. This is not to be construed to include the erection or construction of buildings. 6.0 Non-Conforming Uses If, within the districts established by this Ordinance (or amendments that may be later adopted), there exist lots, structures, uses of land and structures and characteristics of use which were lawful before the Ordinance was passed or amended (but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendment), it is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded nor used as grounds for adding other structures or uses prohibited elsewhere in the same district in which the non-conforming use is located. 6.1 Non-Conforming Lots of Record Where a lot of record existed at the time of the effective date of this Ordinance having less 62

63 area or width than herein required for the district in which it is located, the following shall apply: Said lot may nonetheless be used as a building site, provided the yard space and other requirements conform as closely as possible with the requirements of the district in which it is located in the opinion of the Zoning Board of Adjustment. However, this provision shall not apply when two (2) or more lots exist together, with contiguous frontage in single ownership at the time of passage of this Ordinance or any time thereafter. Such land shall be considered to be an undivided parcel for the purpose of this Ordinance and shall not be used or sold in a manner which creates lot area or width below the requirements stated in this Ordinance. 7.0 Continuance A lawful, non-conforming use existing at the effective date of this Ordinance may be continued, except as hereafter provided, although such use does not conform with the provisions of this Ordinance, subject to the conditions outlined in s 6.0 and Restoration to Safe Condition Nothing in this Ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities. 9.0 Restoration After Damage No non-conforming building or structure which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its current replacement value at the time of such damage shall be rebuilt or restored, except in conformity with the provisions of this Ordinance. If a non-conforming building is damaged less than fifty percent (50%) of its current replacement value, it may be rebuilt or restored and used as before the damage, provided that such rebuilding or restoration is completed within twelve (12) months of the date of such damage Abandonment A non-conforming use which has been discontinued for a continuous period of one (1) year shall not be re-established and any future use shall be in conformity with the provisions of this Ordinance Annexed Property 63

64 Owners of properties who have requested the annexation of their property into the City of Gardendale shall be subject to the following: The Gardendale Planning and Zoning Commission shall submit a recommendation for annexation of the property to the City Council. At the time the request is considered by the City Council, a recommendation for zoning of the property shall have been made in accordance with the provisions of City Ordinance Change in Use A non-conforming use shall not be changed to another non-conforming use Abandoned Right-of-Way Whenever any street, alley or other public way is vacated or abandoned by official action of the City of Gardendale, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of same and all area included therein shall then be subject to all appropriate regulations of the extended district Abatement of Noise, Smoke, Gas, Vibration, Fumes, Dust, Fire and Explosion Hazard or Nuisance The Zoning Board of Adjustment may require the conduct of any use (conforming or nonconforming) which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, radio interference or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort and convenience. The Zoning Board of Adjustment may direct the Building Inspector to issue an abatement order but such order may be directed only after a public hearing by the said Board, the notice of which shall be sent by registered mail to the owners and/or operators of the property on which the use is conducted, in addition to due notice by advertisement in a newspaper of general circulation. A hearing to consider issuance of an abatement order shall be held by the Zoning Board of Adjustment either upon petition signed by any person affected by the hazard or nuisance or upon the initiative of the Board. An abatement order shall be directed by the Zoning Board of Adjustment only upon reasonable evidence of hazard or nuisance and such order shall clearly specify the date by which the hazard or nuisance shall be abated Reduction in Lot Area Prohibited No lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this Ordinance. (See Subsection 6.1.) 16.0 Structures Conforming to District Regulations But Not Other Regulations 64

65 A structure or building conforming to the Use Regulations of a district (but not conforming to other provisions of this Ordinance) may be enlarged or altered, provided that such enlargement or alteration conforms with the provisions of this Ordinance Buildings to be Moved Any building or structure which is to be moved to any location within the City limits of the City of Gardendale shall be considered [for the purpose of this Ordinance] to be a new building under construction and, as such, shall conform to all applicable provisions of this Ordinance and other Ordinances. (Blank page intentionally inserted here) 65

66 (Blank page intentionally inserted here) 66

67 ARTICLE VI ESTABLISHMENT OF DISTRICTS In order to carry out the intent and purpose of this Ordinance, the City of Gardendale is hereby divided into the following districts or zones. The location, boundaries and area of which are, and shall be, as shown and depicted upon the official zoning map. Said districts or zones are to be as follows: A-1 E-1 R-1 R-2 R-3A R-3B R-4 RT-4 RG Inst-1 Inst-2 Inst-3 CP C-1 C-2 C-3 I-1 Agricultural District Single-Family Residential District (Estate) Single-Family Residential District Single-Family Residential District Manufactured (Mobile) Home Subdivision District Manufactured (Mobile) Home Park District Multi-Family Residential District Townhouse Residential District Garden Home Residential District Institutional District Institutional District Institutional District Preferred Commercial District (Office) Neighborhood Shopping District (Commercial) Community Business District (Commercial) General Business District Light Industrial District 67

68 I-2 General Industrial District I-3-S Strip Mining District PUD Planned Unit Development 13 Overlay District 14 The boundaries of the above districts are hereby established as shown on the official zoning map of the City of Gardendale. Questions concerning the exact location of district boundary lines shall be decided by the Zoning Board of Adjustment, as outlined in Article III, Subsection 2.10, Administration and Review Procedures. The zoning district regulations are as follows: 1.0 A-1 Agricultural District 1.1 Intent This district consists primarily of undeveloped lands where agricultural and related pursuits may occur within the City and where agriculture support centers may serve outlying rural areas beyond the City. Further, the intent of the A-1 District is to preserve these areas in agriculture, forestry, outdoor recreational, rural residential and other limited - yet compatible - uses until such time as a higher density development pattern may be desired and City services can be expanded to accommodate this development. 1.2 Uses Permitted The following uses shall be permitted in the A-1 Agricultural District. Similar uses to those listed below may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Uses, and Subsection 2.12, Unclassified Uses. Agricultural Uses Farm, as defined in Article IV, Definitions, 5.0, Hobby Farm, subject to Article VII, Stable (private). Subsection 5.1, and Article VII, Supplemental Regulations, Subsection Amended Ord No Amended Ord No

69 C. Residential Uses Detached, Single-Family Residences. Duplex. Modular Home, subject to Article VIII, Manufactured (Mobile) Home, subject to Article VII, Accessory Buildings and Structures, subject to Article VII, Private Tennis Court, subject to Article VIII, Private Swimming Pool, subject to Article VII, Non-Commercial Greenhouse and Garden. Transmission Tower (non-commercial) subject to Article VII, , C, #2. Commercial Uses 1.3 Animal Hospital. Studio. Special Exception Uses The following uses may also be permitted, subject to approval of the Gardendale Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article VIII, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2.) Agricultural Uses Farm Support Business. Livestock Sales. Commercial Uses Home Occupation, subject to Article VIII, Campground. Entertainment, outdoor. Broadcast Studio. Stable (Public). Airport. Commercial Chicken Houses (Fowl) - See Additional Regulations, (H). 69

70 Manufactured (Mobile) Home Sales. Day Care Home. Boarding or Rooming House. Bed and Breakfast Inn. Market. 1.4 Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Minimum Lot Area: 15,000 Square Feet Minimum Lot Width: 150 Feet at the Building Line C. Minimum Yard Setbacks: Front: 35 Feet* Rear: 35 Feet Side: 20 Feet * Undedicated road - sixty feet (60') from the centerline. Corner Lots: Setbacks shall be the same on both streets or roads. D. Maximum Height: 35 Feet or 2 Stories 1.5 Buffer Requirements None specified although, in appropriate cases, the Planning Commission (during its site plan review process) may require a buffer or other suitable means of separation of land uses. (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) 1.6 Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. 70

71 G. Sign Regulations, Article X. H. In the A-1 Agriculture District, the minimum setback of livestock barns and commercial chicken (fowl) houses from adjoining property lines shall be one hundred feet (100'); and from highway (road) right-of-way lines shall be three hundred feet (300'), provided, however, that no livestock barn or commercial chicken (fowl) houses shall be built closer than three hundred feet (300') to the nearest then-existing residence other than that of the owner. Swine (hogs) are to be housed, fed and/or watered not nearer than one hundred feet (100') to any adjoining property line or nearer than three hundred feet (300') to the nearest thenexisting residence nor within three hundred feet (300') of any road or street rightof-way. 2.0 E-1 Single-Family Residential District (Estate) 2.1 Intent To provide areas suitable for detached, single-family residences on large lots, along commercial uses, which are integrally related to residential neighborhoods. 2.2 Uses Permitted The following uses shall be permitted in the E-1 Single-Family Residential District. Similar uses to those listed may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Subsection 2.12, Unclassified Uses. of Uses, and Agricultural Uses Interpretation Hobby Farm, subject to Article VII, Residential Uses Detached Single-Family Residence. Accessory Buildings and Structures, subject to Article VII, Private Tennis Court, subject to Article VIII, Private Swimming Pool, subject to Article VII, Non-commercial Greenhouse and Gardens. Transmission Tower (non-commercial), subject to Article VII, , C, #2. 71

72 2.3 Special Exception Uses The following uses may also be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article VIII, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2.) Residential Uses Modular Home. Commercial Uses Home Occupation, subject to Article VIII, Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Minimum Lot Area: 20,000 Square Feet Minimum Lot Width: 100 Feet at the Building Line C. Minimum Yard Setback: D. Maximum Height: 35 Feet or 2 Stories E. Minimum Floor Area: Front: 50 Feet* Rear: 50 Feet Side: 15 Feet 1. One-story Residence - 2,000 Square Feet 2. Two-Story Residence - 1,400 Square Feet on first floor, Total minimum for dwelling - 2,400 Square Feet. * Undedicated road - 75 feet from the centerline. Corner Lots: Setbacks shall be the same on both streets or roads. 2.5 Buffer Requirements Unless otherwise specified elsewhere in this Ordinance, when any lot is to be developed for any use other than a single-family residence and such lot abuts a lot occupied or zoned for singlefamily residential development, a minimum buffer yard width of twenty-five feet (25') shall be 72

73 provided. (See Article VII, Subsections 15.0 through 15.3.) 2.6 Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. 3.0 R-1 Single-Family Residential District 3.1 Intent To provide areas for medium-density, detached, single-family residences, along with selected commercial uses which are integrally related to residential neighborhoods. 3.2 Uses Permitted The following uses shall be permitted in the R-1 Single-Family Residential District. Similar uses to those listed below may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Uses, and Subsection 2.12, Unclassified Uses. Residential Uses Detached, Single-Family Residences. Accessory Buildings and Structures, subject to Article Private Swimming Pool, subject to Article VII, VII, Private Tennis Court, subject to Article VIII, Non-commercial Greenhouse and Garden. 73

74 Transmission tower (non-commercial), subject to Article VII, 6.0, C, # Special Exception Uses The following uses may also be permitted, subject to approval of the Planning Commission and further subject to appropriate permits being issued by the City. See Article VIII, Special Exception Uses, 1.0, and Subsections 1.1 and 1.2. Residential Uses Modular Home. Commercial Uses Home Occupation, subject to Article VIII, 8.0. Day Care Home. 3.4 Area and Dimensional Regulations 15 Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Minimum Lot Area: 15,000 Square Feet Minimum Lot Width: 100 Feet at the Building Line. C. Minimum Yard Setbacks: D. Maximum Height: 35 Feet or 2 Stories E. Minimum Floor Area : Front: 35 Feet* Rear: 40 Feet Side: 15 Feet 1. One (1) story residence - 1,400 square feet on first floor. 2. Two (2) story residence - 1,000 square feet on first floor. Total minimum for dwelling, 1,400 square feet. Amended Ord No Amended Ord No

75 * Undedicated road - 60 feet from the centerline. Corner Lots: Setbacks shall be the same on both streets or roads. 3.5 Buffer Requirements Unless otherwise provided for elsewhere in this Ordinance, when any lot is to be developed for any use other than a single-family residence and such lot abuts a lot occupied or zoned for single-family residential development, a minimum buffer yard width of twenty-five feet (25') shall be provided. (See Article VII, Supplemental Regulations, Subsections 15.0 through Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. 4.0 R-2 Single-Family Residential District 4.1 Intent To provide areas for medium-density, single-family residences along with selected commercial uses which are integrally related to residential neighborhoods. 4.2 Uses Permitted The following uses shall be permitted in the R-2 Single-Family Residential District. Similar uses to those listed below may also be permitted, subject to Article III, Administrative and Review Procedures, Subsection 2.11, Interpretation of Uses, and Subsection 2.12, Unclassified Uses. 75

76 Residential Uses Detached, Single-Family Residences. Accessory Building and Structures, subject to Article VII, Private Tennis Court, subject to Article VIII, Private Swimming Pool, subject to Article VII, Non-commercial Greenhouse and Garden. Transmission tower (non-commercial), subject to Article VII, , C, # Special Exception Uses The following uses may also be permitted, subject to approval of the Planning Commission and further subject to appropriate permits being issued by the City. See Article VIII, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2. Commercial Uses 4.4 Home Occupation, subject to Article VIII, 8.0. Day Care Home. Modular Homes, subject to Article VIII, Area and Dimensional Regulations 17 Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Minimum Lot Area: 10,000 Square Feet (15,000 square feet if septic tanks and field lines are required). Minimum Lot Width: 75 Feet at the Building Line. C. Minimum Yard Setbacks: D. Maximum Height: 35 Feet or 2 Stories E. Minimum Floor Area: Front: 35 Feet* Rear: 35 Feet Side: 10 Feet 1. One (1) story residence -1,200 square feet on first floor. 2. Two (2) story residence - 1,000 square feet on first floor. Amended Ord No Amended Ord No

77 Total minimum for dwelling, 1,200 square feet. * Undedicated Road - 60 feet from the centerline. Corner Lots: Setbacks shall be the same on both streets or roads. 4.5 Buffer Requirements Unless otherwise specified elsewhere in this Ordinance, when a lot is to be developed for any use other than a single-family residence and such lot abuts a lot occupied or zoned for singlefamily residential development, a minimum buffer yard of twenty-five feet (25') shall be provided. (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) 4.6 Additional Regulations ((When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. 5.0 R-3-A Manufactured (Mobile) Home Subdivision District 5.1 Intent To provide areas for Manufactured (Mobile) Home Subdivision development free from other uses which are incompatible with the character and intent of this district. 77

78 5.2 Uses Permitted Within the R-3-A Manufactured (Mobile) Home Subdivision District, a building or land shall be used only for the following: Residential Uses Detached, Single-Family Manufactured (Mobile) Home located on individually-owned lots. Customary Accessory Structures and Buildings. Non-Commercial Greenhouse and Garden. Transmission tower (non-commercial), subject to Article VII, 6.0, C, # Special Exception Uses Commercial Uses Home Occupation, subject to Article VIII, Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Minimum Lot Area: 7,500 Square Feet (15,000 square feet if septic tank and field lines are required). Minimum Lot Width: 50 Feet at the Building Line. C. Minimum Yard Setbacks: Front: Rear: Side: 35 Feet* 35 Feet 8 Feet * Undedicated Road - 60 feet from the centerline. Corner Lots: Setbacks shall be the same on both streets or roads. 5.5 Manufactured (Mobile) Home Standards The minimum manufactured (mobile) home floor area shall be 500 square feet. Each manufactured (mobile) home shall be provided with two (2) off-street 78

79 parking spaces, with all streets and parking spaces in conformance with the Gardendale Subdivision Regulations relative to Street Standards. C. All manufactured (mobile) homes shall be installed according to all requirements of the Standard Building Code, Appendix H (or as may be amended] and shall be completely skirted within thirty (30) days from the date the home is moved on a lot with weather-resistant material. Skirting shall be adequately vented. 5.6 Procedure for Plat Approval Layout plans for all manufactured (mobile) home subdivisions shall be prepared by an Alabama Registered Professional Engineer and submitted to the Gardendale Planning and Zoning Commission for review and approval of construction. This site plan shall include: Area and dimensions of the site. Number of lots, dimensions and layout of all lots. C. Location, size and layout of all utilities and streets. D. Assessment of drainage conditions by an Alabama Registered Professional Engineer, including all proposed measures needed to rectify problems where they exist. E. Street plan, including all off-street parking. F. Assessment of traffic conditions, including all proposed measures needed to rectify problems where they exist. G. Location and type of all street lighting. H. Location of all fire hydrants. 5.7 Additional Regulations (When Applicable) All manufactured (mobile) homes shall be individually owned. The subdivision shall be in compliance with all applicable sections of the City of Gardendale's Subdivision Regulations. C. All access points shall be controlled through the site review of plans submitted to the Gardendale Planning and Zoning Commission on each manufactured (mobile) home subdivision plan. D. The subdivision shall be served by water, sanitary facilities and adequate drainage facilities, and such plans shall be submitted to both the City Engineer and the Planning and Zoning Commission for review and approval. 79

80 6.0 R-3-B Manufactured (Mobile) Home Park District 6.1 Intent To provide areas for Manufactured (Mobile) Home Parks, free from other uses which are incompatible with the character and intent of this district. 6.2 Uses Permitted Manufactured (Mobile) Home, Management Office, Manager's Residence, Service Facilities (such as laundromats, household storage buildings, outdoor storage yards, refuse disposal areas and similar common service facilities designed and intended to serve ONLY the residents of the park), Retail Convenience sales for residents of the park, Recreational Facilities designed and intended to serve ONLY the residents of the park and their guests and residential accessory uses and structures. 6.3 Site Standards A site plan shall be prepared and submitted for each manufactured (mobile) home park, and: The minimum site area for the manufactured (mobile) home park shall be twenty (20) contiguous acres with access to a public street, fronting upon a dedicated street of not less than fifty feet (50'). Each manufactured (mobile) home lot shall have a minimum area of five thousand (5,000) square feet and a minimum width of fifty feet (50') at the front lot line. C. Each manufactured (mobile) home lot shall be set back a minimum of thirty-five feet (35') from any park boundary line and ten feet (10') from any other lot line. D. Minimum Yard Setbacks will be: Front Yard: 25 Feet* Rear Yard: 10 Feet Side Yard: 10 Feet * Undedicated road - 50 feet from the centerline. E. No manufactured (mobile) home may be located closer than twenty feet (20') from another such home on an adjacent space. 80

81 F. The maximum density shall be six (6) manufactured (mobile) homes per gross tract acre, if not served by public water and sewer. A lower density may be required by the Jefferson County Health Department. G. Location and type of street lighting as recommended by the Alabama Power Company or comparable engineering data. H. Location and type of fire hydrants to be coordinated with City of Gardendale Fire Department. I. Each manufactured (mobile) home park shall be provided with a park and recreational area having a minimum area of one hundred (100) square feet per manufactured (mobile) home space. Such areas shall be consolidated into usable areas. 6.4 Installation All manufactured (mobile) homes shall be installed according to all requirements of the Standard Building Code (appendix "H" or as may be amended) and be completely skirted within thirty (30) days from the date the home is moved into the park with a weather-resistant material. Skirting shall be adequately vented. 6.5 Storage Facilities, Accessory Uses and Structures A maximum of one hundred (100) square feet of storage area shall be provided for each space. Alternatively, park management may provide common storage lockers at an equivalent capacity. Permitted accessory structures on manufactured (mobile) home spaces shall include all accessory structures permitted on the lots of single-family residences, except for private swimming pools and satellite dish antennas. Such accessory uses shall not be permitted closer than five feet (5') of the rear and side boundaries of each space. Carports may be permitted within the front yard but shall not be permitted within five feet (5') of the rear and side boundaries of each space and twenty-five feet (25') from the front lot lines and, in the case of a corner lot, twenty-five feet (25') from lot lines adjacent to a street. 6.6 Off-Street Parking and Streets Two-way private, paved streets (maintained by the park management) shall be installed to furnish convenient access to all manufactured (mobile) home spaces within the park and such streets shall be in conformance with the street standards of the City of Gardendale. No manufactured (mobile) home shall have its own access into a public street. Dead-end streets shall have turnarounds in conformance with Gardendale street standards and each manufactured (mobile) home shall have two (2) paved, off-street parking spaces. In addition, the location of all driveways shall be shown on the required site plan and approved by the Gardendale Planning and Zoning Commission. 6.7 Service Facilities 81

82 Common recreational facilities and laundromats shall be provided for the use of park residents ONLY. Refuse collection and disposal shall be the responsibility of park management and common refuse disposal areas shall be enclosed by a six foot (6') opaque fence. 6.8 Buffer Requirements The proposed development shall be designed as a single architectural scheme with appropriate landscaping, and a thirty-five foot (35') buffer strip shall be retained or installed around the entire park. The buffer strip shall be landscaped and maintained by park management, and no accessory buildings or structures shall be erected or maintained in the required buffer strip. (Refer to Article VII, Supplemental Regulations, 15.0, through subsection 15.3.) 6.9 Signs Signs shall be in accordance with the provisions of Article X, Sign Regulations, Landscaping All required yards should be permanently landscaped and maintained with ground cover, trees and shrubs Patio Each manufactured (mobile) home should be provided with a deck or patio of at least two hundred (200) square feet Ownership All manufactured (mobile) home lots are to be leased or rented only and are not to be sold individually Fences Fences shall be in accordance with the provisions of Article VII, R-4 Multi-Family Residential District 82

83 7.1 Intent 19 To provide areas for multi-family residential development. 7.2 Uses Permitted The following uses shall be permitted in the R-4 Multi-Family Residential District. Similar uses to those listed below may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Uses, and 2.12, Unclassified Uses. Residential Uses Accessory Buildings and Structures, subject to Article VII, Duplexes. Group Care Homes. Multi-Family Dwellings on tracts of land containing not more than one (1) acre. 20 Private Swimming Pools, 6.0. subject to Article VII, Private Tennis Courts, subject to Article VIII, Special Exception Uses 21 The following uses may also be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. See Article VIII, Special Exception Uses, s 1.0, 1.1, 1.2 and Residential Uses. Modular Homes. Multi-Family Dwellings on tracts of land containing more than one (1) acre Area And Dimensional Regulations23 Maximum Density: ten (10) dwelling units for each acre 19Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No

84 contained in the tract of land. Maximum Building Area: thirty-five percent (35%). C. Minimum Lot Width: 200 Feet at Building Line. D. Minimum Yard Setbacks: Front: Rear: Side: 35 Feet* 30 Feet 25 Feet * provided that the minimum front yard setback shall be at least sixty feet (60') from the center line of an adjacent, undedicated road. With respect to corner lots, each yard adjacent to a public street must comply with the minimum setback for a front yard. E. Building Height Limitations: 35 feet or 2 stories. F. Minimum Livable Floor Area: 900 square feet. G. All buildings in which multiple dwelling units are located shall be separated by not less than: 1. Forty feet (40') front to front. 2. Fifteen feet (15') front to end, if the end wall is blank and without windows. 3. Thirty feet (30') front to end, if the end wall has one (1) or more windows. 4. Forty feet (40') back to back. 5. Fifty feet (50') front to back. 6. Twenty feet (20') end to end, if the end wall of at least one (1) of the buildings has no windows. 7. Thirty feet (30') end to end, if the end wall of both of the buildings has one (1) or more windows. 7.5 Buffer Requirements 24 Unless otherwise specified elsewhere in this Ordinance, when a lot is to be developed for multi24 Amended Ord No

85 family residential use and such lot wholly or partially abuts a lot that is, or lots that are, zoned E-1 Single-Family Residential District (Estate), R-1 Single-Family Residential District, R-2 Single-Family Residential District or RG Garden Home Residential District, a buffer, at least fifty feet (50') in width, shall be provided by the developer of the multi-family residential lot, which buffer shall be located on the rear and/or side or sides of such lot that is adjacent to the lot or lots zoned E-1, R-1, R-2 or RG. When a buffer is required for the rear of a lot, the buffer shall extend across the entire width of the lot. When a buffer is required for the side of a lot, the buffer shall extend from the rear line of the lot to the front line of the lot unless, in the opinion of the Building Inspector of the City, having the buffer extend to the front line of the lot would interfere with or obstruct sight lines or visibility with respect to vehicular traffic, in which case the buffer shall extend to the point immediately before the point at which the buffer would interfere with or obstruct such sight lines or visibility. (See Article VII, Supplemental Regulations, s 15.1 through 15.3). 7.6 Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. H. A Site Development Plan is required which provides for: 1. Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas and no undue interference with through traffic in gaining ingress to, and egress from, the proposed site. 2. A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewerage and water supply prepared by an Alabama Registered Professional Engineer. 3. Suitable entrance and exit points adjoining public streets, highways or thoroughfares serving the proposed development, which shall be properly illuminated to reduce traffic hazards. 4. Garbage and refuse collection facilities shall be the responsibility of apartment management and shall be enclosed by a six foot (6') 85

86 high opaque fence or wall RT-4 Townhouse Residential District 8.1 Intent To provide areas suitable for townhouse residential dwellings. 8.2 Uses Permitted Residential Uses. Townhouse Dwellings. Accessory Buildings and Structures, subject to Article VII, Special Exception Uses The following uses may be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. See Article VIII, Special Exception Uses, s 1.0, 1.1 and 1.2. Residential Uses Modular Home. Commercial Uses Home Occupation, subject to Article VIII, Area and Dimensional Regulations Maximum Density: Eight (8) dwelling units for each acre contained in the tract of land. A maximum of six (6) townhouse units may be attached. Each townhouse or group of townhouses shall be separated from every other townhouse or group of 25 Amended Ord No Amended Ord No Amended Ord No

87 townhouses by not less than: 1. Forty feet (40') front to front. 2. Fifteen feet (15') front to end if the end wall is blank and without windows. 3. Thirty feet (30 ) front to end if the end wall has one (1) or more windows. 4. Forty feet (40') back to back. 5. Fifty feet (50') front to back. 6. Twenty feet (20') end to end if the end wall of at least one (1) of the buildings has no windows. 7. Thirty feet (30') end to end, if the end wall of both of the buildings has one (1) or more windows. Minimum Lot Width: 18 Feet at the Building Line. C. Minimum Yard Setbacks: Front: Rear: Side: 35 Feet* ** 30 Feet*** 0 Feet**** * Thirty feet (30'), if parking for motor vehicles is provided in front of the dwelling. ** provided that the minimum front yard setback shall be at least sixty feet (60') from the center line of an adjacent, undedicated road. *** Notwithstanding the minimum rear yard setback of thirty feet (30'), all townhouse dwellings shall be located at least fifty feet (50') from the boundary of any adjacent tract of land that is zoned E-1, R-1 or R-2 Single-Family Residential District or RG Garden Home Residential District. **** Notwithstanding the minimum side yard setback of 0 feet (0'), all townhouse dwellings shall be located at least fifteen feet (15') from the boundary of any adjacent tract of land that is zoned RT-4 Townhouse Residential District and at least fifty feet (50') from any E-1, R-1 or R-2 Single Family Residential District or RG Garden Home Residential District. With respect to corner lots, each yard adjacent to a public street must comply with the minimum setback for a front yard. 87

88 D. Maximum Height: 35 Feet or 2 Stories E. Minimum Livable Floor Area: One (1) story townhouse - 1,200 square feet. One and one-half (1 ½) or two (2) story townhouse: 1,200 square feet, with at least 600 square feet being on the first floor. F. Eve Overhangs: Except when townhouse dwellings are required to be a certain distance from the boundary of the adjacent tract of land, cornices or eaves may extend onto adjacent property when allowed by a properly executed and recorded agreement between the owner of the townhouse and the owner of such adjacent property. All such cornices and eaves shall be constructed of fire-rated materials. G. A site development plan is required which provides for: 1. Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas and no undue interference with through traffic in gaining ingress to and egress from the proposed site. 2. A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewerage and water supply prepared by an Alabama Registered Professional Engineer. 3. Suitable entrance and exit points adjoining public streets, highways or thoroughfares serving the proposed development which shall be properly illuminated to reduce traffic hazards. 8.5 Buffer Requirements 28 Unless otherwise specified elsewhere in this Ordinance, when a lot is to be developed for townhouse use and such lot wholly or partially abuts a lot that is, or lots that are, zoned E-1 Single-Family Residential District (Estate), R-1 Single Family Residential District, R-2 Single Family Residential District or RG Garden Home Residential District, a buffer, at least fifty feet (50') in width, shall be provided by the developer of the townhouse lot, which buffer shall be located on the rear and/or side or sides of such lot that is adjacent to the lot zoned E-1, R-1, R-2 or RG. When a buffer is required for the side of a lot, the buffer shall extend from the rear line of the lot to the front line of the lot unless, in the opinion of the Building Inspector, having the buffer extend to the front line of the lot would interfere with or obstruct sight lines or visibility with respect to vehicular traffic, in which case the buffer shall extend to the point immediately before the point at which the buffer would interfere with or obstruct such sight lines or visibility. 8.6 Additional Regulations (When Applicable) 29 For each unit there shall be: (i.) two (2) paved, off-street parking spaces, the depth of which shall be measured from back of curb, which parking 28 Amended Ord No Amended Ord No

89 spaces shall be located adjacent to each unit; and (ii) one (1) additional parking space, which additional parking spaces shall be located on a paved parking area on the development site, which parking area shall be designated for, and restricted to, such additional parking spaces. Unit parking spaces are not permitted along existing interior streets. If the owner of a lot must cross an adjoining lot to reach his lot, he must have a written easement appurtenant permitting him to do so. If there is a fence on the adjoining lot that interferes with such owner s access to his lot, there must be a gate in the fence, which, when opened, will permit such owner to have access to his lot. If the gate may be locked, such owner must have a key or the combination to such lock. C. The applicant shall provide for and establish an organization or other legal entity for the ownership and maintenance of any commonly-owned areas designated as such on the site development plan. Such organization shall be created by covenants running with the land, and such covenants shall be recorded in the office of the Probate Judge of Jefferson County, Alabama. D. On Townhouse developments of five (5) acres or more: 1. Parking Areas for Boats, Campers and Recreational Vehicles: Each development shall be provided with one (1) screened parking area for boats, campers and recreational vehicles for each ten (10) dwelling units in the development. Each such parking area shall be screened by an opaque wall or fence of permanent construction, at least six feet (6'), but not more than eight feet (8'), in height and designed and constructed so as to conceal the parking area from visibility from outside such wall or fence. The entrance to the parking area shall be screened by a gate constructed of an opaque material, which gate shall be the same height as the wall or fence. The parking area must be paved with concrete. 2. Service Yards: Each development erected pursuant to this section shall be provided with a service yard for the storage of garbage, trash, and maintenance equipment. Each such yard shall be located so as to be conveniently accessible by a street, alley or driveway to vehicles collecting such refuse and to occupants of the building or buildings served by such yard. Each such yard shall be paved with concrete and shall be enclosed by an opaque wall or fence of permanent construction, at least six feet (6'), but not more than eight feet (8'), in height and designed and constructed so as to conceal the service yard from visibility from outside such wall or fence. The entrance to the service yard shall be screened by a gate constructed of an opaque material which gate shall be the same height as the wall. 3. Sidewalks: Sidewalks of not less than five feet (5') in width shall be provided between any parking area and the building or buildings which they serve, and there shall be a curb between all parking areas and adjacent sidewalk. The sidewalks shall be paved with concrete or brick. 4. Exterior Lighting: Artificial illumination shall be provided for all parking areas. Such artificial illumination shall be arranged so as to shine and reflect 89

90 away from any adjacent residential areas and away from any streets adjacent to or near the parcel. Each lighting fixture shall be designed and installed so as to direct its beam of light below the horizontal plane of such lighting fixture. 5. Fire Protection: No portion of any building shall be located farther from a fire hydrant than may be reached with five hundred feet (500') of hose. 6. Recreational Areas: At least ten percent (10%) of the area of each development shall used as one or more recreational areas for the use of the residents of the development and their guests. The recreational area or areas must be well maintained in a safe and sightly condition. E. No fences shall be allowed in the front yard. F. Private swimming pools are prohibited in the RT-4 District. G. All utilities shall be placed underground. H. All lots shall be served by public water and sanitary sewer. I. Administration and Review Procedures, Article III. J. Definitions, Article IV. K. General Regulations, Article V. L. Supplemental Regulations, Article VII. M. Special Exception Uses, Article VIII. N. Off-Street Parking and Loading Requirements, Article IX. O. Sign Regulations, Article X. 9.0 RG Garden Home Residential District 9.1 Intent 30 To provide areas suitable for the development of residential garden homes. 9.2 Uses Permitted 30 Amended Ord No

91 The following uses shall be permitted in the RG Garden Home District: Residential Uses Residential Garden Homes. Accessory Building or Structures, subject to Private Swimming Pools (limited to Garden Homes with a lot area of at least 15,000 square feet), subject to Article VI, 9.5 and Article VII, 6.0 and Article VII, Special Exception Uses The following uses may be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. See Article VIII, Special Exception Uses, s 1.0, 1.1 AND 1.2. Residential Uses 32 Modular Homes. Transmission towers (non-commercial), subject to Article VII, 6.0, C-2. Commercial Uses Home Occupation, subject to Article VIII, Area and Dimensional Regulations 33 Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Maximum Density: six (6) dwelling units for each acre contained in the tract of land. Minimum Lot Area: 7,260 Square Feet C. Minimum Lot Width: 55 Feet at Building Line D. Minimum Yard Setbacks: Front: Rear: 31 Amended Ord No Amended Ord No Amended Ord No Feet* 25 Feet**

92 Side: 6.5 Feet * provided that the minimum front yard setback shall be at least fortyfive feet (45') from the center line of an adjacent road. ** If a deck or porch is attached to the rear of the house, the twenty-five foot (25') setback shall be reduced by the number of feet, if any that the deck or porch encroaches upon the 25-foot setback, but in no event shall the rear yard setback be less than fifteen feet (15'). With respect to corner lots, each yard adjacent to a public street must comply with the minimum setback for a front yard. E. Maximum Height: 35 Feet or 2 Stories F. Minimum Floor Area: G. 1. One (1) story - 1,200 Square Feet 2. Two (2) story - 1,200 Square Feet, with at least 600 square feet being on the First Floor. Side yards are subject to the following building separation provisions: 1. H. No building in an RG District shall be located fewer than twentyfive feet (25') from any boundary of a contiguous R-1, R-2 or E-1 Single Family Residential District. Accessory structures in an RG District shall be located in the rear yard and shall be at least twenty-five feet (25') from any property line that abuts an R-1, R-2 or E-1 single family district, subject to Article VII, Buffer Requirements 34 Unless otherwise specified elsewhere in this Ordinance, when a lot is to be developed for garden home use and such lot wholly or partially abuts a lot that is, or lots that are, zoned E-1 SingleFamily Residential District (Estate), R-1 Single Family Residential District or R-2 Single Family Residential District, a buffer, at least twenty-five feet (25') in width, shall be provided by the developer of the garden home residential lot, which buffer shall be located on the rear and/or side or sides of such lot that is adjacent to the lot zoned E-1, R-1 or R-2. When a buffer is required for the rear of a lot, the buffer shall extend across the entire width of the lot. When a buffer is required for the side of a lot, the buffer shall extend from the rear line of the lot to the front line of the lot unless, in the opinion of the Building Inspector, having the buffer extend to the front line of the lot would interfere with or obstruct sight lines or visibility with respect to vehicular traffic, in which case the buffer shall extend to the point immediately before the point 34 Amended Ord No

93 at which the buffer would interfere with or obstruct such sight lines or visibility. (See Article VII, Supplemental Regulations, s 15.0 through 15.3). 9.6 Additional Regulations (When Applicable) 35 No fence shall be permitted forward of any front corner of the house. Fences shall not exceed seven feet (7') in height. Any easements or comparable access rights required for the maintenance of a garden home shall be provided for in the deed for the lot on which such garden home is located. C. All utilities shall be placed underground. D. There shall be two (2) paved, off-street parking spaces provided for each dwelling unit. E. Customary accessory buildings or structures: one (1) per parcel or lot, not to exceed 200 square feet in area and 12 feet in height. F. Signs shall be in accordance with Article X Inst-1 Institutional District 10.1 Intent To provide areas suitable for a select group of institutional uses which are compatible and to prevent encroachment from incompatible uses Uses Permitted Cemetery. Country Club. Park. Pet Cemetery. Places of Worship. School Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional requirements shall apply: 35 Amended Ord No

94 Minimum Lot Area: None specified, although the lot size shall be adequate in size to provide for required parking, buffers, storage and servicing of the building/facility. Minimum Lot Width: None specified, although the lot width shall be adequate in size to provide for required parking, buffers, storage and servicing of the building/facility. C. Minimum Yard Setbacks: Front: Rear: Side: 35 Feet 35 Feet* 35 Feet* *Whenever an Inst-1 District abuts a residential district, the required side and rear yards shall be increased by one foot (1') for every two feet (2') that any building exceeds two (2) stories in height excluding, spires, belfries, cupolas and domes Change in Ownership When land in an Institutional District is sold or leased to a party other than to a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified in another zoning district Buffer Requirements Unless otherwise stipulated elsewhere in this Ordinance, when any use allowed in this district abuts any occupied residential lot or a lot that is zoned residential, such use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. 36 Amended Ord No

95 D. Supplemental Regulations, Article VII. E. Special Use Regulations, Article VIII. F. Off-Street Parking and Loading Requirements, Article IX. G. Sign Regulations, Article X Inst-2 Institutional District 11.1 Intent To provide areas suitable for selected institutional uses which are compatible with each other and to prevent encroachment by incompatible uses Uses Permitted Community Center or Civic Center. Domiciliary Care Facility. Halfway House. Hospitals. Nursing Care Facility. Places of Worship. Public Assembly Center. Public Buildings Special Exception Uses The following use(s) may be permitted, subject to the approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City: Helistop. Public Utility Facility. 95

96 11.4 Buffer Requirements Unless otherwise stipulated elsewhere in this Ordinance, when any use allowed in this district abuts any occupied residential lot or a lot that is zoned residential, such use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall apply. C. Lot Area: None specified, although the lot shall be of sufficient size and area to provide adequate space for required parking, buffers, storage, and servicing of the building/facility. Lot Width: None specified, although the lot shall be of sufficient width to provide adequate space for required parking, buffers, storage and servicing of the building/facility. Minimum Yards: Front: 35 Feet Rear: 35 Feet* Side: 35 Feet** *Rear yard may be reduced to fifteen (15) feet if the adjoining property is zoned commercial or industrial. ** If the adjoining property is zoned Commercial or Industrial, or Institutional-3, interior side yard setbacks may be reduced to zero (0) feet; however, if the structure is not built to the side lot line, a minimum setback of at least ten (10) feet shall be maintained Change In Ownership When land in an Institutional District is sold or leased to a party other than a public institution, no construction, alteration or change of use shall be permitted on said land until it shall have been reclassified in another zoning district Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. 37 Amended Ord No

97 C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Use Regulations, Article VIII. F. Off-Street Parking and Loading Requirements, Article IX. G. Sign Regulations, Article X Inst-3 Institutional District 12.1 Intent To provide areas suitable for a selected class of institutional uses which are compatible free from incompatible uses Uses Permitted Mental Health Care and Treatment Facilities. Military Installation. Penal Institution. Public Buildings. Public Utility Facility Special Exception Uses The following uses may also be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City: Helistop Area and Dimensional Regulations Unless otherwise provided for elsewhere in this Ordinance the following area and dimensional regulations shall apply: Lot Area: None specified, although the lot shall be of sufficient size and area to provide for required parking, buffers, storage and servicing of the building/facility. 97

98 Lot Width: None specified, although the lot shall be of sufficient width to provide for required parking, buffers, storage and servicing of the building/facility. C. Minimum Yards: Front: 35 Feet Rear: 35 Feet* Side: 35 Feet** * Rear yard may be reduced to fifteen feet (15') if the adjoining property is zoned Commercial or Industrial. ** If the adjoining property is zoned Commercial, Industrial or Institutional-3, interior side yard setbacks may be reduced to zero feet (0'); however, if the structure is not built to the side lot line, a minimum setback of at least ten feet (10') shall be maintained Change in Ownership When land in an Institutional District is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified in another zoning district Buffer Requirements Unless otherwise stipulated elsewhere in this Ordinance, when any use allowed in this district abuts any occupied residential lot or a lot that is zoned residential, such use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Requirements, Article IX. G. Sign Regulations, Article X. 38 Amended Ord No

99 13.0 CP Preferred Commercial District (Office) 13.1 Intent To provide areas suitable for office and professional buildings, along with commercial uses which are deemed compatible with the professional office environment Uses Permitted The following uses shall be permitted in the CP Preferred Commercial District. Similar uses to those listed below may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Uses, and Subsection 2.12, Unclassified Uses. Commercial Uses Business or Professional Office.* Bank or Financial Service. Business Support Service. Commercial Parking. Commercial School. Personal Service. * Office buildings in excess of two thousand five hundred (2,500) square feet of floor area may use ten percent (10%) of the floor area for retail and service uses such as restaurants, opticians, gift shops, barber and beauty shops, quick copy services, specialty shops, banks and other commercial uses appropriate to the professional office environment Special Exception Uses The following uses may be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article III, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2. Commercial Uses Broadcast Studio. Clinic. Day Care Center. Restaurants, Fast Food, see Article VIII, 5.0. Restaurant, Standard. Studio. 99

100 13.4 Area And Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Minimum Yard Setbacks: Front: Rear: Side: 35 Feet 35 Feet* 35 Feet** Maximum Building Height: 35 Feet or 2 Stories. C. Corner Lots: Setbacks shall be the same on both streets or roads. *Rear Yard may be reduced to fifteen feet (15') if the adjoining property is zoned commercial or industrial. **If the adjoining property is zoned commercial or industrial, interior side yard setbacks may be reduced to zero feet (0'), provided that all portions of the side of the structure are enclosed with an unpierced firewall in compliance with the currently adopted Southern Building Code. In addition, if the structure is not built to the side lot line, a minimum setback of at least ten feet (10') shall be maintained Buffer Requirements Unless otherwise stipulated elsewhere in this Ordinance, when any lot is to be developed for any use permitted in this district and such lot abuts a lot occupied or zoned for single-family residential use, a minimum buffer yard width of twenty-five feet (25') shall be required. (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3) Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. H. Each structure located in the CP District shall have a service yard (or yards), 100

101 adequate for the handling of waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be paved, have access to a public street or alley, be located to the side or rear of the primary structure and be enclosed on three (3) sides with a permanent wall or opaque fence, at least six feet (6') in height and adequate to conceal the service yard from visibility. I. No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed twenty-five feet (25') in height (measured from the ground) and be in such a manner to direct the beam of light away from any nearby residential areas. J. A site development plan is required which provides for: 1. Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas, as well as in adjacent areas, and no undue interference with through traffic in gaining ingress to and egress from the proposed site. 2. A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewers and water supply prepared by an Alabama Registered Professional Engineer. 3. Suitable entrance and exit points adjoining public streets, highways, or thoroughfares serving the proposed development. 4. The location, size, number and character of all exterior signs and lighting. 5. The type and location of all buffers to be employed C-1 Neighborhood Shopping District 14.1 Intent To establish and preserve areas for those commercial uses which are especially useful in close proximity to residential areas, while minimizing the possible undesirable impact of such uses on the neighborhoods which they serve Uses Permitted The following uses shall be permitted in the C-1 Neighborhood Shopping District. Similar uses to those listed below may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Uses and Subsection 2.12, Unclassified Uses. 101

102 Commercial Uses Bank or Financial Service. Business or Professional Office. Business Support Service. Car Wash. Clinic. Convenience Store. Day Care Center. General Retail (Enclosed) Less than 3,000 Square Feet of Floor Area. Personal Service. Studio Special Exception Uses The following uses may be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article VIII, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2.) Commercial Uses Animal Hospital. Funeral Home. Gasoline Service Station, subject to Article VIII, 3.0. Restaurant, Standard. Shopping Center, subject to Article VIII, 2.0. Vehicle Repair, Minor (See Article IV, Definitions) Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall apply: Minimum Lot Area: None specified, although the lot size shall be adequate in size to provide for required parking, buffers, storage and servicing of the building(s). Minimum Lot Width: None Specified, although it is the intent of this Ordinance that lots be of sufficient width to allow for the proposed use, along with adequate space for parking, buffers, storage and the servicing of the building(s). C. Minimum Yard Setbacks: Front: Feet

103 Rear: Side: 35 Feet* 35 Feet** Corner Lots: Setbacks shall be thirty-five feet (35') from both streets or roads. * Rear yard may be reduced to fifteen feet (15') if the adjoining property is zoned commercial or industrial. **If the adjoining property is zoned commercial or industrial, adjoining side yard setbacks may be reduced to zero feet (0'), provided that all portions of the side of the structure are enclosed with an unpierced firewall in compliance with the Southern Building Code currently adopted. In addition, if the structure is not built to the side lot line, a minimum setback of at least fifteen feet (15') shall be maintained. D. Building Height Limitations: No structure shall be higher than thirty-five feet (35') or two and one/half (2 ½) stories. E. No shopping center may exceed fifteen thousand (15,000) square feet of retail floor area in the C-1 Neighborhood Shopping District Buffer Requirements Unless otherwise stipulated elsewhere in this Ordinance, when any use allowed in this district abuts any occupied residential lot or a lot that is zoned residential, such use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3) Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. H. Each structure located in the C-1 Neighborhood Business District shall have a service yard (or yards) adequate for handling waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be 103

104 paved, have access to a public street or alley, be located to the side or rear of the primary structure and be enclosed on three (3) sides with a permanent wall or opaque fence, at least six feet (6') in height and adequate to conceal the service yard from public view. I. No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except signs) shall exceed twenty-five feet (25') in height measured from the ground and be constructed in such a manner to direct the beam of light away from any adjacent residential areas C-2 Community Business District 15.1 Intent To establish and preserve a retail business district convenient to the public and attractive for a wide range of retail and service uses usually found along major streets and thoroughfares and downtown areas Uses Permitted The following uses shall be permitted in the C-2 Community Business District. Similar uses to those listed may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Unclassified Uses. Commercial Uses Animal Hospital. Bakery (minor). Bank or Financial Institution. Business or Professional Office 39 Car Wash. Clinic 40 Commercial Parking. Convenience Store. Day Care Center. Funeral Home. Garden Center or Nursery. 39 Amended Ord No Amended Ord No Uses, and Subsection 2.12,

105 Gasoline Service Station. 41 General Retail Business - Enclosed. Grocery Store/Supermarket. Home Improvement Center 42. Medical Support Service. Personal Service. Postal facility (Neighborhood)-See Public Building Definition. Printing - Minor. Restaurant - Standard. Studio. Vehicle Sales Special Exception Uses The following uses may be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article VIII, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2.) Commercial Uses Entertainment, Indoor (shall not include adult theaters, adult entertainment or adult book store.) 44 Game Room or Arcade, (See Entertainment Indoor). Gasoline Service Station, (including Vehicle Repair Minor45), subject to Article VIII, 3.0. Hotel or Motel (including restaurant and/or liquor lounge as Mini-Warehouse, subject to Article VIII, 9.0. Pawn Shop or Title Pawn business 46Recreation (Indoor or Outdoor) an incidental use, but excluding Adult Entertainment). Restaurant - Fast Food, subject to Article VIII, 4.0. Shopping Center, subject to Article VIII, Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No

106 Theater (shall not include adult theater). Vehicle Repair (Minor). Vehicle Sales and Rental with repair (Minor). Note: Places of worship may be permitted on a temporary basis for a time period not to exceed one (1) year Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall apply: Minimum Lot Area: None specified, although the lot size shall be adequate in size to provide for required parking, buffers, storage and servicing of the building(s). Minimum Lot Width: None specified, although it is the intent of this Ordinance that lots be of sufficient width to allow for the proposed use, along with adequate space for parking, buffers, storage and the servicing of the building(s). Minimum Yard Setbacks: Front: 35 Feet Rear: 35 Feet * Side: 35 Feet** Maximum Height: Thirty-five feet (35') or two and one-half (2½) stories. Corner Lots: Setbacks shall be the same on both streets or roads. *Rear Yard may be reduced to fifteen feet (15'), if the adjoining rear property is zoned commercial or industrial. ** If adjoining property is zoned commercial or industrial, interior side yard setback may be reduced to zero feet (0'), provided that all portions of the side of the structure are enclosed with an unpierced firewall in compliance with the currently adopted Standard Building Code. In addition, if the structure is not built to the side lot line, a minimum setback of at least fifteen feet (15') shall be maintained Buffer Requirements 106

107 Unless otherwise stipulated, when any use allowed in this district is located adjacent to any occupied residential lot or a lot that is zoned residential, such use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) 15.6 Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. H. Each structure located in the C-2 Commercial District shall have a service yard (or yards) adequate for the handling of waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be paved, have access to a public street or alley, be located to the side or rear of the primary structure whenever possible and be enclosed on three (3) sides with a wall or fence which is at least six feet (6') in height and adequate to conceal the service yard(s) from public view. I. No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except signs), shall exceed twenty-seven feet (27') in height measured from the ground and shall be constructed in such a manner so as to direct the beam of light away from any adjacent residential areas C-3 General Business District 16.1 Intent To establish and preserve a Business District, such less frequently needed, which by their nature are usually located along major traffic arteries and the district regulations are designed to permit the development of the district for the purpose of spacious arrangement. 107

108 16.2 Uses Permitted The following uses shall be permitted in the C-3 General Business District. Similar uses to those listed below may also be permitted, subject to Article III, Administration and Review Procedures, Subsection Unclassified Uses. 2.11, Interpretation of Uses and Subsection 2.12, Commercial Uses Animal Hospital. Bakery (Minor) 48 Bank and Financial Services 49Bed and Breakfast 50Business or Professional Offices 51Convenience Store 52Clinic 53 Entertainment Indoor (shall not include adult theaters or adult bookstores). 54Garden Center or Nursery. Gasoline Service Station, including Vehicle Repair (Minor and Major). 55General Retail (Enclosed). Home Improvement Center. 56Hotel or Motel. Kennels Personal Service. 57Printing - Minor 58 Recreation - not within an enclosed building. 59Restaurant - Standard 60 Shopping Center, subject to Article VIII, 2.0. Vehicle Repair (Minor and Major). Vehicle Sales and Rental. Vehicle Sales and Service (Minor & Major Vehicle Repair). 48 Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No Amended Ord No

109 16.3 Special Exception Uses The following uses may be permitted, subject to the approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article VIII, Special Exception Uses, 1.0 and subsections 1.1 and 1.2.) Commercial Uses 61 Club. Game Room or Arcade, (See Entertainment, Indoor) 62Entertainment (outdoor) (Shall not include Adult Theater). Liquor Lounge (Shall not include adult entertainment as defined in this Ordinance). Liquor Store (For off-premise consumption only). Mini Warehouses, Subject to Article VIII, 9.0. Night Club (Shall not include adult entertainment). Pawn Shop or Title Pawn Business 63Recreation (within an enclosed building). Rent-All Store (All repairs must be conducted entirely Restaurant - Fast Food 64 within an enclosed building) Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall apply: Minimum Lot Area: None specified, although the lot size shall be adequate in size to provide for required parking, buffers, storage, and servicing of the building(s). Minimum Lot Width: None specified, although it is the intent of this Ordinance that lots be of sufficient width to allow for the proposed use, along with adequate space for parking, buffers, storage and the servicing of the building(s). 61 Amended Ord No Amended Ord No Amended Ord No Amended Ord No

110 C. Minimum Yard Setbacks: Front: Rear: Side: 35 Feet 35 Feet* 35 Feet** Corner Lots: Setbacks shall be the same on both streets and roads. *Rear Yard may be reduced to fifteen feet (15'), if the adjoining rear property is zoned commercial or industrial. **If adjoining property is zoned commercial or industrial, interior side yard setback may be reduced to zero feet (0'), provided that all portions of the side of the structure is enclosed with an unpierced firewall in compliance with the currently adopted Standard Building Code. In addition, if the structure is not built to the side lot line, a minimum setback of at least fifteen feet (15') shall be maintained Buffer Requirements Unless otherwise stipulated, when any use allowed in this district is located adjacent to any occupied residential lot or a lot that is zoned residential, such use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) 16.6 Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. H. Each structure located in the C-3 Commercial District shall have a service yard (or yards) adequate for the handling of waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be located to the side or rear of the primary structure whenever possible and be enclosed on three (3) sides with a wall or fence which is at least six feet (6') in height and adequate to conceal the service yard(s) from public view. 110

111 I. No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except signs), shall exceed twenty-seven feet (27') in height measured from the ground and shall be constructed in such a manner, so as to direct the beam of light away from any adjacent residential areas I-1 Light Industrial District 17.1 Intent This district consists of areas where limited industrial uses are permitted. The district encourages employment centers with a low degree of environmental impact. Principal industrial activities include light manufacturing, industrial services, warehousing, wholesaling, distribution services and other limited impact activities. The I-1 District also allows for selected commercial and institutional uses which are supportive of industrial employment centers. If desired, Preengineered, all metal buildings may be utilized in the I-1 District Uses Permitted The following uses shall be permitted in the I-1 Industrial District. Similar uses to those listed below may also be permitted, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Uses, and Unclassified Uses, Subsection Industrial Uses Construction Service. Industrial Park, subject to Article VIII, Maintenance Service. Manufacturing - (Light). Pre-engineered, all metal buildings, subject to Article VII, Research Laboratory. Truck Terminal. Vehicle and Equipment Sales - (Major). Commercial Uses Animal Hospital. Bakery - Major. Business or Professional Office. Business Support Service. Gasoline Service Station, subject to Article VIII, 3.0. Home Improvement Center. Kennels. 111

112 C. Mini-Warehouse, subject to Article VIII, 9.0. Printing - Major. Storage Facilities (not to be confused with mini-warehouses). Vehicle Repair - (Minor and Major). Agricultural Uses Farm Support Business Special Exception Uses The following uses may be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article VIII, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2.) Commercial Uses Airport, including heliport Area And Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area and dimensional regulations shall be required: Minimum Lot Size: None specified, although it is the intent of this Ordinance that lots be of sufficient size to accommodate the proposed use, along with adequate space for required parking, loading and unloading, buffers, storage and servicing of the building(s). Minimum Lot Width: None specified, although it is the intent of this Ordinance that lots be of sufficient width to allow for the proposed use, along with adequate space for parking, buffers, storage and servicing of the building(s). Minimum Yard Setbacks: Corner Lots: Front: 75 Feet Rear: 35 Feet* Side: 35 Feet** Setbacks shall be the same on both streets, roads and 112

113 highways. Setback(s) from undedicated road(s) shall be one hundred feet (100') from the centerline. *Rear yard may be reduced to fifteen feet (15') if the adjoining property is zoned Industrial. **If the adjoining property is zoned Industrial, interior side yard setbacks may be reduced to zero feet (0'), provided that all portions of the side of the structure are enclosed with an unpierced firewall in compliance with the currently adopted Southern Building Code. In addition, if the structure is not built to the side lot line, a minimum setback of at least fifteen feet (15') shall be maintained Buffer Requirements Unless otherwise stipulated, when any use allowed in this district is located adjacent to any occupied residential or commercial lot or a lot that is zoned residential or commercial, said use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3.) 17.6 Additional Regulations (When Applicable) Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. G. Off-Street Parking and Loading Regulations, Article IX. Sign Regulations, Article X. H. Any outdoor storage areas shall be screened to a height which is adequate to conceal such storage area from public view. I. Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves, screened to a height which is adequate to conceal such facilities from public view I-2 General Industrial District 113

114 18.1 Intent To provide suitable areas where heavy industrial uses are permitted. This district encourages employment centers where a potentially high degree of environmental impact uses can be located, including general and heavy manufacturing and industry. If desired, preengineered, all metal buildings may be utilized in the I-2 District Uses Permitted The following uses shall be permitted in the I-2 General Industrial District. Similar uses to those listed may also be permitted, plus uses permitted in District I-1, subject to Article III, Administration and Review Procedures, Subsection 2.11, Interpretation of Uses, and Subsection 2.12, Unclassified Uses. Industrial Uses Heavy Industry. Industrial Park, subject to Article VIII, Manufacturing - General. Manufacturing - Light. Pre-engineered all metal buildings, subject to Article VII, Warehousing, Wholesaling, Distribution Special Exception Uses The following uses may be permitted, subject to approval of the Planning and Zoning Commission and further subject to appropriate permits being issued by the City. (See Article VIII, Special Exception Uses, 1.0 and Subsections 1.1 and 1.2. Industrial Uses Salvage Yard or Junk Yard. Sanitary Landfill. 114

115 Recycling Plant Area and Dimensional Regulations Except as may be provided for elsewhere in this Ordinance, the following area dimensional regulations shall be required: Minimum Lot Size: None specified, although it is the intent of this Ordinance that lots be of sufficient size to accommodate the proposed use, along with adequate space for required parking, loading and unloading buffers, storage and servicing of the building(s). Minimum Lot Width: None specified, although it is the intent of this Ordinance that lots be of sufficient width to allow for the proposed use, along with adequate space for parking, buffers, storage and servicing of the building. Minimum Yard Setbacks: Front: None specified. The Gardendale Planning and Zoning Commission will determine setback requirements. Rear: None specified. The Gardendale Planning and Zoning Commission will determine setback requirements. Side: None specified. The Gardendale Planning and Zoning Commission will determine setback requirements. Corner Lots: Setbacks shall be the same on both streets, roads or highways Buffer Requirements Unless otherwise stipulated, when any use allowed in this district is located adjacent to any occupied residential or commercial lot or a lot that is zoned residential or commercial, said use shall provide a minimum buffer yard width of twenty-five feet (25'). (See Article VII, Supplemental Regulations, Subsections 15.0 through 15.3) Additional Regulations (When Applicable) 115

116 Administration and Review Procedures, Article III. Definitions, Article IV. C. General Regulations, Article V. D. Supplemental Regulations, Article VII. E. Special Exception Uses, Article VIII. F. Off-Street Parking and Loading Regulations, Article IX. G. Sign Regulations, Article X. H. Any outdoor storage area(s) shall be screened to a height which is adequate to conceal such storage area(s) from public view. I. Any garbage/refuse service area(s) shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view I-3-S Strip Mining District 19.1 Intent To regulate strip mining operations in selected areas and to provide safeguards for both the adjacent properties and the environment. This is the only district in which strip mining shall be permitted, with the exception of those operations licensed by the State of Alabama and/or the City of Gardendale actively engaged in strip mining operations at the time of the adoption of this Ordinance Uses Permitted A building or premises shall be used only for the following purposes: Extraction of minerals, coal, ore, etc., by the surface mining method. The right to erect, maintain, alter, enlarge, use and operate a structure, building, machinery, housing, road, railroad, transmission lines, right-of-way and other facilities accessory to strip mining Area and Dimensional Regulations 116

117 In the above-permitted uses, the area and dimensional regulations set forth in the following section shall be observed: The extraction of minerals, coal, ore, etc., by the surface method will not be permitted within two hundred feet (200') of any property line or public road rightof-way within this zoning district, provided, however: 1. The foregoing two hundred feet (200') property line setback requirement may be reduced in whole or in part with the written consent of the owner(s) of the adjacent property and the approval of the Planning and Zoning Commission. 2. The foregoing two hundred foot (200') public road right-of-way setback requirement may be reduced (in whole or in part) with the written consent of the Gardendale Planning Commission. The right to erect, maintain, alter, use and operate a structure, building, machinery, housing, road, railroad, transmission lines, right-of-way and other facilities accessory to strip mining will not be permitted within fifty feet (50') of any adjoining property line or public right-of-way line within this zoning district. Exceptions to this include the point at which mine access roads or haulage roads join such right-of-way line and permission granted by the Planning Commission or governmental unit having jurisdiction over such roads to be relocated or the area expected to lie within fifty feet (50') of such road. C. Exception to the setback requirement for the adjoining property line as stated in (A) 1 and 2 above will be made where the adjoining property is also zoned I-3-S, in which case no setback from the adjoining property line will be necessary Additional Requirements Prior to the use of the land for the above-described purposes, the applicant shall submit a plan showing an informal sketch of the location(s) of the coal seam(s), estimated number of tons to be extracted, approximate time required to strip and reclaim and a general expression of subsequent use of property. In addition, all such firms, persons, corporations and other entities shall be subject to any and all State and Federal Laws pertaining to regulation of strip mining operations Planned Unit Development (PUD) District Intent To encourage and allow more creative and imaginative design of land development than is possible under district zoning regulations. This type of development is intended to allow 65 Amended Ord No

118 substantial flexibility in planning and designing a proposal. Ideally, this flexibility results in a development that is better planned, contains more amenities, and is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. This flexibility often occurs in the form of relief from compliance with conventional zoning ordinance site requirements Objectives Through proper planning and design, each Planned Unit Development should include features which further, and are in compliance with, the following objectives: (a.) To allow for the design of developments that are architecturally and environmentally innovative, and that achieve optimum utilization of land; (b.) To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affecting flooding, soil, drainage and other ecological conditions; (c.) To provide building forms and structural/visual relationships within an environment that allows the mixing of different land uses in a functionally efficient manner, while providing for abundant, accessible, and properly located recreational areas, open space, schools, and other public and private uses; (d.) To provide for the efficient use of land resulting in networks of utilities, streets and other infrastructure features, and enable land development to be compatible with adjacent and nearby land uses, and (e.) To allow the mixing of uses planned and located in a manner to ensure harmony with the surrounding community and create a method for the preservation of historic buildings, unique features and/or landmarks in the City Definitions As used in this, the following words and terms shall have the following meaning: Applicant shall mean the owner of the land proposed for a PUD or designated representative of the owner. Common Area shall mean an area within a PUD designated and intended for the use and enjoyment of all owners of the PUD and under the common ownership and control of the owners of the property within the PUD. C. Developer shall mean the owner of the parcel or tract of land proposed as a PUD, or a designated representative of the owner Permitted Uses The land uses permitted in a PUD shall correspond with the uses permitted in the zoning classification or classifications of such land prior to its being rezoned as a Planned Unit Development District. Final approval of all uses in a Planned Unit Development District shall be contingent upon proper submission of the required site plan and other materials, proper review of the same by the Planning Commission and subsequent determination by the Planning Commission that the uses being proposed are appropriate and acceptable. 118

119 20.5 Area and Dimensional Regulations Generally The provision of adequate light, air and open space for buildings shall be required, as well as serious consideration for the proper functional relationship of all dwellings, structures and/or uses within the PUD. Except for the requirements set forth herein below, the dimensional requirements of this section are to be considered general minimum standards for preparing and evaluating a development concept; actual dimensions will become established through the site plan review and approval process. C. Property Requirements for a PUD: 1. Minimum size of tract or parcel, two (2) acres; 2. Minimum number of feet of the tract or parcel, which must abut a street: two hundred (200) feet; and 3. The land, which composes a PUD, must be contiguous acreage, regular in shape, and shall not contain any land, within its boundaries, which is not part of the PUD. Spacing and Setback Requirements for Buildings and Structures in a PUD: 1. No building or structure may be located nearer than fifteen (15) feet to any boundary of a PUD. 2. No building or structure may be located nearer than ten (10) feet to a street right-of-way. A front setback of less than ten (10) feet may be considered in some situations, subject to approval by the City Council. 3. No building or structure may be located nearer than ten (10) feet to a private drive. A distance of less than ten (10) feet may be considered in some situations, subject to approval by the City Council. 4. Buildings in a PUD shall be separated by at least the following number of feet: a) Twenty (20) feet from the front of one building to the back of another building; b) Fifteen (15) feet from the front of one building to the side of another building; c.) Thirty (30) feet from the front of one building to the front of another building; 119

120 D. d.) Twenty (20) feet from the back of one building to the back of another building; e.) Fifteen (15) feet from the side of one building to the side of another building with an exception provided for party-wall buildings, which comply with the fire separation requirements of the City Building Code; and f.) Ten (10) feet in any other situation. Density The permitted number of dwelling units in a PUD shall not exceed the number which, in the judgment of the City Council, could be developed on the tract or parcel of land constituting the PUD if such tract or parcel had been subdivided into lots conforming to the minimum lot size, density requirement and other requirements of the zoning classification or classifications of such land prior to its being rezoned as a Planned Unit Development District, taking into account whether any portion of the land would have to have been used for one (1) or more streets. Density shall be regulated in terms of the amount of land required for each building, maximum building coverage of the land and maximum floor area of each building, in terms of their relationship to other land in the vicinity of the PUD as well as the structures located on such other land. Also considered are planned patterns for future development, environmental conditions and capacities of existing community facilities, including utilities, to serve the proposed PUD development. The burden of proving that existing or proposed facilities and utilities can handle the requested intensity of development shall fall upon the developer. If dwelling units were not permitted in the zoning district in which the subject tract or parcel of land was located, then the number of proposed dwelling units shall not exceed the number of permitted dwelling units which, in the judgment of the City Council, could have been allowed on the tract or parcel of land if such tract or parcel had been subdivided into lots or parcels which would have conformed to the minimum lot size, density and other requirements of the RT-4 District. Also considered shall be whether or not any portion of the tract or parcel of land would have been used for one (1) or more streets Property Development Standards Standards Property development standards for a PUD shall be determined by the City Council after receiving recommendations from the Planning Commission. The development of the PUD shall be compatible with the topography of the tract or parcel of land and shall preserve any unusual topographic features of the tract or parcel. The development shall not adversely affect either the developed or undeveloped property in the vicinity of the PUD, and the development must be compatible with adjacent or nearby properties with regard to density, size of buildings, architectural style and type of use. The City Council s determination as to whether the proposed development of the PUD is compatible with the neighboring properties shall be presumptively correct, with regard to the above-cited criteria. Adequate water, sewer, streets and other facilities and utilities must be available for the proposed 120

121 PUD or there must be a definite proposal for making them available at the expense of a party other than the City. Depending upon the density of the proposed PUD and the type of uses proposed, the City Council may require building setbacks for any front streets, side yards or backyards, along with any buffers, walls, hedges, shrubs and trees as the Council deems necessary and appropriate for preservation of other property in the vicinity of the PUD. The City Council must impose such reasonable conditions, terms or limitations that it finds necessary or helpful for the protection and promotion of this public health, safety, morals and welfare of the City. Other Regulations All applicable regulations provided for elsewhere in this Chapter, including minimum parking requirements and density standards, shall be in force except where the matters covered by such regulations are specifically addressed in this. C. Master Development Plan The proposed Master Development Plan ( proposed plan ) shall include the following: 1. The location and size of the tract or parcel of land to be developed as a PUD, including its legal description and a current perimeter survey and certified by a surveyor who is licensed as a surveyor by the State of Alabama. The survey shall show all streets, which are adjacent to the tract or parcel, all easements and rights of way on the parcel and the location of any existing buildings or other structures which shall be part of the PUD. 2. A vicinity map showing the parcel in relation to surrounding property and a general description of the adjacent and surrounding area, including the current zoning and land uses of the adjacent and surrounding area. 3. A statement of the planning objectives to be achieved by the PUD. The statement shall 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 allowed to all parts of the PUD site, together with tabulations by acreage and percentage of the tract or parcel of land to be occupied by each proposed use. 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 The number, location and layout of parking spaces and attendant driveways and other areas necessary for the maneuvering of motor vehicles. 7. All means of access to and from the PUD site. 121

122 8. The location and dimensions of any service yards. 9. A landscaping plan. 10. The outside appearance of any proposed commercial buildings. 11. All signs for any proposed commercial buildings. 12. Materials with which parking areas, driveways and sidewalks will be covered. 13. All storm drainage facilities. 14. All plans for providing utilities to the development. 15. The substance of covenants, easements or other restrictions which will be imposed upon the sale of the tract or parcel of land, the buildings and other structures. 16. The proposed plan, the Preliminary Plan (as hereinafter defined) and the Master Development Plan shall be prepared at the scale of one (1) inch equals forty (40) feet. 17. Any development data, plans or specifications that the applicant or the City Council believes is pertinent and will assist in clarifying the application Procedure of Application For a Planned Unit Development District Pre-application Conference Before filing an application for a PUD District, the prospective applicant shall schedule a preapplication conference with the Zoning Officer, and shall present a proposed site plan for the PUD to the Zoning Officer at the pre-application conference. All pertinent development issues shall be discussed thoroughly between the Zoning Officer and the prospective applicant at the pre-application conference including, but not limited to, the following: The relationship between the proposed development and the property, which is adjacent to the proposed development. The anticipated effect of the proposed development on development and planning objectives of the City. 3. The adequacy of existing and proposed streets, utilities and other public facilities to serve the development. 4. The nature, design and appropriateness of the proposed land use arrangement for the tract or parcel of land involved. 122

123 5. The adequacy of planned open space areas for the proposed PUD. 6. The ability of the subject property and surrounding property to accommodate future expansion, if needed. 7. The total net acreage devoted to all land uses. 8. The total building coverage and floor area to be devoted to each type of use in the proposed PUD. 9. The number of dwelling units per acre for residential areas; and 10. All other information which, in the opinion of the Zoning Officer, would assist him, the Planning Commission and the City Council in gaining a clearer understanding of the nature of the proposed PUD. The proposed plan and information referred to in the above items (1) through (10) must be submitted to the Zoning Officer at least ten (10) days prior to the date scheduled for the pre-application conference to allow the Zoning Officer adequate review time. Application After the pre-application conference has been held, the applicant may file an application for the rezoning of the tract or parcel of land with the City Clerk. Such application shall be accompanied with a Master Development Plan ( Preliminary Plan ), which shall include any and all changes in the proposed plan requested by the Zoning Office at, or as a result of, the preapplication conference and the following documents, materials, and information. 1. Written Documentation including: a. A legal description of the tract or parcel of land upon which the PUD is to be built; b. The name of the present owner(s) of the tract or parcel, and if different, the person who will act as owner during development. c. A statement of development objectives, including a description of the character of the proposed development and its relationship to surrounding areas; d. The Development Schedule indicating the approximate date when construction of the PUD is expected to begin and the approximate date it is to be completed. Any applicable phasing of the project 123

124 shall also be clearly indicated and fully explained; 2. e. A statement of the applicant s intentions with regard to future selling or leasing of all or portions of the PUD, including land areas and structures; f. Estimated percentages of the tract or parcel of land to be devoted to each type of land use, including any sub-categories of residential, commercial and institutional uses, recreational and open space areas; and g. A plan for the intended manner of permanent care and maintenance of open spaces, recreational areas, and private rights-of-way. A site plan, which shall include the following items, either on the site plan or on an accompanying document: a. The name of the proposed development; b. The legal description of the tract or parcel of land on which the PUD is to be developed; c. The scale of the drawing; d. North arrow; e. The boundary survey and dimensions of the property; f. Delineation of proposed land use districts or areas; g. The proposed lot lines and dimensions of all; and h. The number of all existing and proposed residential buildings and structures, including: i. 1. Distribution of housing types; 2. The location, grouping and orientation of all structures and buildings; 3. The total number of proposed units, including stories and maximum heights of each; and 4. The total proposed floor areas of all units. The number of all existing and proposed non-residential buildings and structures, including: 124

125 1. The types of uses proposed; 2. The location, grouping and orientation of all proposed buildings and structures, and 3. The number of stories, maximum heights, and total floor areas of all proposed buildings and structures. j. The location and size of all areas to be conveyed, dedicated or reserved as commonly owned open spaces, public parks, recreational areas and similar public or semi-public uses; k. The locations of all proposed utility easements; l. The existing and proposed circulation system of arterial, collector and local streets, both public and private, including: 1. The location and dimensions of streets, alleys, driveways and points of access to public rights-of-way; 2. Notations of proposed ownership; 3. The location, dimensions and capacities of all parking areas; 4. All service and loading zones; 5. Clear layouts of all pedestrian circulation; and 6. A vicinity map. m. A general landscape plan indicating treatment of materials used for private and common open spaces, and the proposed treatment of the PUD including materials and techniques to be used; n. Complete drainage plans drawn up and stamped by a Registered Professional Engineer for the State of Alabama; and o. Any additional information determined by the Zoning Officer to be reasonable and necessary for evaluating the character of proposed PUD and its potential impact on the surrounding areas. 3. Additional Time For Submission of Documents, Materials, and Documentations Exceptions MAY be made regarding the time when the documents, materials and information required as part of an application for Planned Unit Development District zoning must be submitted in cases in which the subject tract or parcel of land exceeds ten (10) acres, or in cases in which the Zoning Officer determines, as a result of the pre-application conference, that there are special, unusual or unique circumstances which warrant such exceptions. In those cases, the 125

126 applicant may be allowed to submit such documents, materials and information in phases as the planning and development of the PUD progress. Such allowance will in no way exempt the applicant from submitting all such documents, materials and information for review and approval prior to beginning of construction of the PUD, or any portion thereof. 4. Preparation of Preliminary Master Development Plan In the preparation of the Preliminary Plan, the applicant shall comply with amendments or revisions requested by the Zoning Officer during, or as a result of, the pre-application conference with the Zoning Officer and with the requirements of this and the City s Subdivision Regulations. In addition to meeting the requirements of 20.5, Area and Dimensional Requirements, the Preliminary Plan shall be prepared at a scale of one (1) inch equals forty (40) feet and shall include the following: a. A dimensioned layout of any buildings, open space, recreational areas and other matters which shall be a part of the proposed use, including the number of square feet in each proposed use, with the total number of units and/or habitable improvements to be placed within each delineated area or space; b. The locations, amounts and types of non-residential uses proposed to be developed; c. The size and location of all vehicular and pedestrian access points to the PUD; the number, overall dimensions and location of all parking spaces; the pattern, estimated traffic volumes, width and type of paving proposed for all vehicular movement areas; all proposed screening and/or lighting of parking and other areas; d. All contours and elevations, which shall be shown on a separate topographical survey; and e. Instruments to be used in conveying title (including beneficial ownership) of common areas to a corporation, association or other legal entity, including provisions for guaranteeing; 1. the continued use of such land for the intended purposes; 2. maintenance; 3. when appropriate, the availability of funds required for such maintenance; 4. adequate insurance protection; 5. recovery for losses sustained by casualty or by condemnation; and 6. proof of the financial responsibility of the established entity to maintain the common area. 126

127 5. Platting If necessary to do so, the tract or parcel proposed for the PUD shall be resurveyed or subdivided in accordance with the City s Subdivision Regulations and with the provisions of this. If there is an irreconcilable conflict between the requirements of the Subdivision Regulations and the requirements of this, the requirements of this shall be controlling. The Master Development Plan must be approved prior to, or simultaneously with, the preliminary approval of the resurvey or subdivision plat. If the tract or parcel has been resurveyed or subdivided prior to approval of the Master Development Plan, the tract or parcel may have to be resurveyed to ensure the compatibility of the plat with the Master Development Plan. 6 Performance / Improvement Bond In the event that subdivision of the property is not required and it is determined that there will be unfinished improvements that are the responsibility of the developer/owner, a Bond of 150% of the documented costs of said unfinished improvements shall be placed with the City before building permits may be issued. This Bond shall be required for any part of the development that will be accepted for maintenance by the City in the future. Said guarantee of performance may be used by the City if, in its opinion, said improvements have not been satisfactorily installed in accordance with its approval of the Master Development Plan. 7. Action on Petition Upon its consideration of the Preliminary Plan for a PUD at a public hearing, the Planning Commission may take action immediately; may, with the consent of the applicant, postpone taking official action for no longer than sixty (60) days to allow time for further review of materials; and/or may request changes or other modifications to the proposed PUD. If any proposed PUD is determined by the Planning Commission to be unacceptable in terms of conforming with the purpose and intent of this, as well as in consideration of the best interest of the area affected and the City as a whole, the reasons for such determination shall be set forth in the Planning Commission s recommendation to the City Council for denial of the petition. Upon the Planning Commission s recommendation that a proposed PUD be approved by the City Council, all materials, including the Preliminary Plan and any changes or modifications made thereto in the review and hearing process, shall be considered binding on the subsequent development of the affected tract or parcel of land while zoned as a Planned Unit Development District, unless any changes therein are approved in writing by the City Council. 8. Process For Consideration of Approval of PUD 127

128 For a PUD, the approval process shall comply with the procedures set forth in Article III of this Ordinance, unless the other provisions are inconsistent with the provisions of this, in which case the provisions of this shall be controlling. The City shall initiate the approval process promptly after the submission of a Preliminary Plan and shall place such items on the Planning Commission agenda. After holding a public hearing on the application for such PUD rezoning, the Planning Commission shall prepare a report on the PUD and forward it to the City Council, along with copies of the Preliminary Plan and related documents and information. Upon receipt of the Planning Commission s report, including related documents and information, the City Council shall schedule a public hearing as required by Article III, 6.0. The City Council shall then take appropriate action to approve, amend and approve, or disapprove the Preliminary Plan Additional Requirements and Provisions Deviation from The Development Plan To facilitate minor adjustments to the approved Master Development Plan as may be required by engineering or other circumstances unforeseen at the time of its approval by the City Council, the Zoning Officer is authorized to approve alterations to the final Master Development Plan which he determines are incidental or minor in scope. The following changes shall be considered major in scope, and as such, shall not be approved by the Zoning Officer. Such changes shall be subject to review by the Planning Commission, and may be authorized by this body, but only after careful review: 1. Changes in density, open space, amount of land used for a certain purpose, or change in the size of a lot within a PUD by more than ten (10) percent. 2. Changes in the size of any building or structure by more than ten (10) percent. 3. Changes in the location of any building or structure by more than five (5) feet in any direction, provided that no such change referred to in the foregoing subparagraphs (1), (2), and (3) may permit: a. Greater density than, or a structure larger than, that which could have been permitted by the City Council in its consideration of the Preliminary Plan, or b. A use not approved by the City Council in its consideration of the Preliminary Plan. 128

129 All other changes in the PUD or the Master Development Plan must be in accordance with the procedures applicable to the initial approval of the PUD. The Planning Commission shall have the right to require further review, an additional public hearing or complete reapplication regarding any changes, including those listed above, which may, in the opinion of the Planning Commission, substantially alter the concept of the PUD as originally approved. Violation of Plan Any deviation from the Master Development Plan which is not approved in accordance with I above shall constitute a violation of the Ordinance established that Planned Unit Development District and will subject the developer to the procedures and penalties set forth in this. C. Failure to Begin Construction Construction of the approved development shall begin within one (1) year from the date of the approval of the Master Development Plan by the City Council. Any approved changes in the plan shall not extend the time at which said one-year period begins. This one-year date can, however, be extended by a period to be determined at the discretion of the Planning Commission, provided that the applicant provides the Planning Commission with a written request to extend the one-year period no sooner than sixty (60) days prior to the end of the one-year period. However, written documentation must be provided to the Commission, which demonstrates that such extension is warranted, and the Commission must concur with reasons given for requesting such extension. Otherwise, the construction of the PUD shall be started within one (1) year of the approval of the Master Development Plan by the City Council and shall be completed within the period of time determined by the City Council for each PUD ( the completion period ), subject to extension by the Planning Commission. If the Planning Commission extends the date by which construction of the PUD must be started, it may, but shall not be obligated to, extend the completion period for the PUD by a period of time that may be less, but may not be greater than, the length of time by which the commencement date was extended. Failure to begin the development of the PUD within said one-year period, or the period extended, or to complete the development within the completion period, or the extended completion period, shall automatically void the Master Development Plan, and the zoning classification shall automatically revert to the zoning classification in effect for such tract or parcel of land prior to its being rezoned a Planned Unit Development District. No building permit shall then be issued (except a permit for a building which would be in compliance with such prior zoning classification) until a new Master Development Plan has been resubmitted and approved in accordance with the procedures set forth in this for an initial submission and approval. The development of a PUD shall be considered to be complete when the land has been resurveyed or subdivided in accordance with the Subdivision Regulations of the City (if such resurvey or subdivision is required), the subdivision plat has been recorded in the Office of the Judge of Probate of Jefferson County, Alabama, the installation of all 129

130 utilities which are to be used in the PUD has been completed (except for service lines to individual dwelling units), all required streets (public and private), curbs, gutters and sidewalks have been installed and the final coat of paving has been placed on all streets. (See information on the Performance/Improvement Bond outlined in Article VI, 20.7, B6 of Zoning Ordinance #97-15.) Development in Phases. If the PUD is to be constructed in stages, the construction of the first phase shall begin one (1) year from the date of the approval of the Master Development Plan by the City Council, and each additional phase must begin no later than the construction commencement date for each phase as provided for in the Development Schedule approved by the City Council. In all cases, progress towards completion of the development should proceed in accordance with said Development Schedule. Failure to comply with this provision shall constitute a deviation from the Master Development Plan, and the provisions and procedures of this shall apply accordingly. PUD Application Fee. When the PUD application is filed, a $ administrative fee must be paid to the City Clerk, and the applicant shall provide the City with fifteen (15) copies of the Preliminary Plan and attendant documents and information. During the time the Preliminary Plan is under consideration by the Planning Commission, the applicant shall furnish the City Clerk with fifteen (15) copies of any revisions of the Preliminary Plan. During the time the Preliminary Plan or the Master Development Plan is under consideration by the City Council, the applicant shall furnish the City Clerk fifteen (15) copies of any revisions of the Preliminary Plan or the Master Development Plan. Other fees include regular and Certified mail costs and publication costs incurred in processing the rezoning request Overlay District Intent An Overlay District may be established to give specific protection to certain areas within the City of Gardendale having historical, environmental, development or other significance, or to impose additional requirements in certain geographic areas of the City, that are not applicable to all areas, for resource protection or for the protection of lives and property. An overlay district may be permanently established by this ordinance or an amendment thereto, or may be of a temporary nature pending completion of a public works project or other temporary situation. An overlay district does not negate the requirements of the underlying district, but may create additional requirements, regulations or documentation. 66 Amended Ord No

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134 ARTICLE VII SUPPLEMENTAL REGULATIONS 1.0 Area Modification for Lots of Record The Gardendale Zoning Board of Adjustment shall approve all proposed development involving non-conforming lots of record. (See Article V, General Regulations.) 2.0 General Yard Requirements 134

135 Every part of a required yard shall be open to the sky, unobstructed by any structure or part thereof, and unoccupied for storage, servicing or similar uses, except as provided for herein. More than one (1) multiple dwelling, office, institutional, industrial or public building may be located upon a lot or tract of land, but such buildings shall not encroach upon the front, side or rear yards required by the district regulations. 2.1 Front Yard Modifications Where forty percent (40%) or more of the frontage on the same side of the street between two (2) intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of five feet (5') or less) a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing dwelling. Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described below, the following shall apply: 1. Where a building is to be erected on a parcel of land that is within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the adjacent buildings; or, 2. Where a building is to be erected on a parcel of land that is within one hundred feet (100') of an existing building on one (1) side only, such building may be erected as close to the street as the existing building. C. Through lots shall provide the required front yard on both sides. D. Corner lots shall provide a front yard on each street. 2.2 Rear Yard Modifications Where a lot abuts an alley, one-half (1/2) of the alley width may be considered as part of the required rear yard. 3.0 Height Modifications Any limitation on the number of stories shall not apply to buildings used 135

136 exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which located. Chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, steeples, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, wireless television or radio towers or necessary mechanical appurtenances (where permitted) may be erected to any height not in conflict with existing or hereafter adopted ordinances of the City of Gardendale, except that where permitted in connection with residential uses, such structures shall be limited to a height of twenty-five feet (25') above the average height of structures permitted in that district. 4.0 Fences and Walls No fence shall be allowed beyond the front yard set-back line in any single-family residential district. (See typical illustration of fence and/or wall on following page.) The height requirements in any single-family residential zone shall be as follows: Fences constructed on a side or rear lot line or behind the required front yard as set forth elsewhere in these regulations shall not exceed a height of six and one half feet (6 ½') as measured from the top most point of the fence to the ground or surface along the center line of the fence (except for tennis courts, which may have a maximum height of ten feet (10'). (See illustration of typical fence and/or wall configurations on following page.) 136

137 TYPICAL CONFIGURATIONS OF FENCES AND WALLS C. The following types of fences are permitted in Residential Zone Districts: Masonry walls, ornamental (iron), woven wire (chain link), wood or other man-made materials and hedges. The following types of fences are prohibited: Any fence carrying electrical current or utilizing spikes, nails, barb wire or other pointed materials in its construction. However, when warranted, those fence types listed as prohibited above may be permitted in the A-1 Agriculture, I-1 Light Industrial and I-2 Heavy Industrial Districts. D. On any corner lots, no fence of any material shall be permitted to encroach a required thirty-five foot (35') building setback line that would hinder site distances for motorists or pedestrians. No fence (including ornamental or split rail), hedge or any type of planting shall be placed or constructed in any location that would hinder access to fire hydrants. E. The following exceptions should be noted relative to fences, walls and hedges: Fences used for guard railing, around depressed ramps, tops of retaining walls 137

138 along driveways and adjacent to residential sidewalks shall not exceed forty-two inches (42") in height. F. For non-residential Districts, all fence construction shall be subject to site plan approval with no height or setback restriction(s), except those deemed necessary and reasonable by the Planning Commission unless otherwise stipulated elsewhere in this Ordinance. 5.0 Porches, Terraces, Balconies, Cornices and Eaves Sills or ornamental features of a structure may project into any yard not to exceed six inches (6"). Cornices or eaves may project into any required yard by no more than eighteen inches (18"). 67 C. Terraces, unenclosed porches, underground fallout shelters or ornamental features (which are constructed as part of a single-family or two-family dwelling) may project into a required yard, provided such projections be not closer than thirty feet (30') from the front lot line, and twenty-five feet (25') from the back lot line. Said terraces, porches, shelters and ornamental features (when constructed as part of a multi-family dwelling) may not exceed a maximum of five feet (5') into the side yards. D. Unless otherwise provided for elsewhere in this ordinance, in singlefamily and two-family residential zones, an unenclosed balcony, deck, porch or fire escape may project into a required rear yard, provided such structures be located not closer than twenty-five feet (25') from the rear property line and ten feet (10') from either side property line. E. In multi-family residential zones, an unenclosed balcony, porch, deck or fire escape may project into a required rear yard for a distance not to exceed twelve feet (12'), and may project into a required side yard for a distance not to exceed eight feet (8'); but, in no instances shall said structures be located closer than twenty-five feet (25') from any property line in which a buffer is required as a means of separating incompatible land uses. 6.0 Accessory Buildings and Structures Α. Non-residential accessory buildings or structures up to twelve feet (12') in 67 Amended Ord No

139 height shall be permitted in the rear yard only, within five feet (5') of any side or rear property line. Accessory buildings above twelve feet (12') in height shall be set back one (1) additional foot for each four feet (4') in height above twelve feet (12') up to the district maximum building height limitation of the district in which located. Non-residential accessory buildings shall be constructed of materials which are compatible with other buildings in the district in which located in order to insure that the aesthetic value and appearance of the neighborhood is retained. C. Residential accessory buildings and attached and detached carports/garages on residential lots shall meet the following requirements: 1. Accessory buildings and structures shall be built in the rear yard only and such accessory buildings and structures shall not occupy more than fifteen percent (15%) of the required rear yard. 2. The maximum height of accessory buildings and/or structures shall not exceed the principal building height limit for the district in which such is located, except, where permitted, non-commercial transmission towers shall be limited to a height of twenty-five feet (25') above the maximum allowable building height of a principal building. 3. Accessory structures may be constructed in the rear yards but may be no closer than five feet (5') to the side or rear property lines; provided, however, that no accessory structure may be located in a required buffer area. Notwithstanding the previous sentence, accessory structures in an RG District shall be located in the rear yard and shall be no closer than twentyfive feet (25') from any property line that abuts an R-1, R-2 or E-1 singlefamily district Accessory structures shall be constructed of materials which are compatible with other buildings in the district, in order to insure that the aesthetic value and appearance of the neighborhood is retained, and 5. Accessory structures shall not be built prior to construction of the principal structure, nor shall such be used for non-residential purposes which are not normally incidental to residential use. 6. All electrical power service to accessory buildings on residential lots shall originate from the main power service at the main building and not a separate metered service. 68 Amended Ord No

140 7. Attached carports and garages may be built in the side yard but must conform with the setback requirements for the district in which such is located. 7.0 Satellite Dish Antennas Satellite dish antennas and other ground-mounted antennas shall be classified as accessory structures. Those satellite dish antennas shall be neutral in color and, to the greatest extent possible, compatible with the appearance and character of the neighborhood in which located. In case the required placement prevents satisfactory reception or other problems of a unique nature, such shall be referred to the Zoning Board of Adjustment for resolution of the problem(s). 8.0 Temporary Structures and Building Material Storage Temporary buildings may be permitted for storage of materials connected with construction projects, and such buildings may also be permitted as temporary offices until such time as the construction projects are completed and permanent buildings are ready for habitation. However, no such buildings or structures shall be permitted until appropriate Building Permits have been approved by the Building Inspector and issued by the City Clerk. 9.0 Outdoor Storage of Recreational Construction Equipment. Vehicles and The outdoor storage or parking of any airplanes, vehicle, boat, trailer, motor home, recreational vehicle and similar uses, as determined by the Planning Commission, shall be prohibited for a period greater than forty-eight (48) hours in all residential districts, except where expressly permitted by other provisions of this Ordinance unless the following conditions are met: All such vehicles or equipment shall be placed within a completely enclosed building or located behind the front building line or lines in the case of a corner lot, but no closer than three (3) feet to any side or rear lot line. Storage or parking shall be limited to a lot or parcel of land upon which an inhabited dwelling unit and the vehicle or equipment is owned by the occupant thereof. C. In the case of multi-family structures, all such recreation vehicles shall be stored at one location and be screened from view by a fence or vegetation adequate to conceal the vehicle from public view off the premises. D. Campers, Recreational Vehicles and similar vehicles intended or adaptable for sleeping purposes shall remain unoccupied and shall not be connected to sanitary sewer facilities or have a fixed connection to electricity, water or gas. E. The outdoor storage of construction equipment on the premises of a lot or tract of land in any residential district is prohibited. However, this rule shall not apply when the construction equipment being stored is being used for construction work in the residential area or subdivision in which 140

141 it is being stored. In a case such as this, the equipment shall be removed immediately upon completion of the work Private Swimming Pools Where permitted, private swimming pools shall comply with the following requirements: Permanent swimming pools which are wholly or partially above ground level shall be located in the rear yard of a single or two-family residential district, no closer than twenty-five feet (25') to any property line. No mechanical appurtenance shall be located within ten feet (10') of any property line. Private Swimming Pools constructed below grade level shall be: 1. Located, including mechanical appurtenances, no closer than ten feet (10') to any property line. 2. Enclosed at the time of construction by a fence of not less than five feet (5') in height (measured from ground level to the highest point on the fence). Fences and gates shall be constructed of such materials so as to prevent unauthorized entry by persons or household pets. Moreover, gates shall be provided with permanent self-latching devices which shall be locked at all times when the pool is not in use. 3. Swimming pools shall be subject to the requirements of the currently adopted Standard Swimming Pool Code, and any future amendments thereto. 4. All exterior lighting fixtures shall be constructed to direct the beam of light below the horizontal plane of the fixture, reflecting away from any adjacent property. Said fixtures may not extend higher than twenty-five feet (25') above ground level. 5. Swimming pools for multi-family and commercial uses shall meet minimum standards deemed appropriate by the Building Inspection Department upon review of each specific proposal Farm The minimum land area shall be in excess of three (3) acres. The following farming activities shall be permitted: 1. Forage and sod crops. 2. Grain and seed crops. 141

142 3. Dairy animals and dairy products. 4. Kennels. 5. Livestock, such as beef cattle, swine, sheep, goats, or any similar livestock; including the breeding and raising of such animals but excluding commercial meat processing operations. 6. Poultry, including egg production but excluding commercial poultry processing operations. 7. Nursery operations involving the raising of plants, shrubs and trees for sale and transplantation, including greenhouses and the incidental sale of items customarily associated with a nursery operation. 8. Bees and apiary installations and products. 9. Fisheries, excluding commercial fish processing operations. 10. Fruit and vegetables of all kinds, including the growing and harvesting of such fruit and vegetables, but excluding commercial food processing operations. 11. In the A-1 Agriculture Zone, the minimum setback of livestock barns and commercial chicken (fowl) houses from adjoining property lines shall be one hundred feet (100'); and from highway (road) right-of-way lines shall be three hundred feet (300'), provided, however, that no livestock barn or chicken/swine houses shall be built closer than three hundred feet (300') to the nearest then-existing residence other than that of the owner. Swine, (hogs) to be housed, fed and watered not nearer than one hundred feet (100') to any adjoining property line or within three hundred feet (300') of any street or road right-of-way. C. 12. Temporary sawmills and chippers (used in connection with timber cutting operations) shall be set back at least two hundred feet (200') from any lot line. 13. Single-family residences as listed in the A-1 Agricultural District. A booth or stall (farm stand) from which farm produce grown on the same premises and sold to the general public shall be permitted, subject to the following: 1. Sales areas shall be set back from all lot lines so as to meet the district yard requirements. 142

143 2. D. Sales areas shall not occupy any part of a required off-street parking or loading area. Incidental structures and activities commonly associated with a farm may include barns, silos, animal pens, loading and unloading platforms or chutes and other accessory uses including blacksmith operations Hobby Farm Where permitted, the minimum lot area shall be two (2) acres. Unless otherwise provided for in this Ordinance, the keeping of farm animals and fowl (livestock and fowl) shall be limited to the following types: C. 1. poultry; 2. horses, donkeys, ponies, although the keeping of goats, sheep, and swine are prohibited as a part of a hobby farm. The use shall be subject to the following setback and area requirements: 1. Farm animals shall be housed not less than Two Hundred Feet (200') from any adjacent lot not zoned A At least one (1) acre of lot area shall be required for each small livestock animal and a maximum of twenty (20) poultry for every 8,000 square feet of lot area shall be permitted. 3. Offensive animal odors shall not be detectable at the property line Regulations Pertaining to Manufactured (Mobile) Homes Where permitted, Manufactured (Mobile) Homes shall comply with the following requirements: All Manufactured (Mobile) Homes are prohibited in all zone districts of the City, except in Districts R-3-A and R-3-B; however, manufactured (mobile) homes shall be allowed in the A-1 Agriculture District upon compliance with the following requirements: 1. The Manufactured (Mobile) Home, as located on the proposed site, shall be at least seventy-five feet (75') from the nearest residential structure (excluding another such home) located on the same 143

144 property under separate ownership. 2. Water and sanitary facilities must be approved by the City of Gardendale, as well as the Jefferson County Health Department. 3. Site Requirements: Minimum Lot Width at Front Setback - Line: 100 Feet,-Minimum Lot Area: 15,000 Square Feet. 4. Yard Requirements: Front: Side: Rear: 35 Feet* 15 Feet 35 Feet *Undedicated street 60 feet from centerline 5. Parcel or parcels and adjacent property, under the same ownership, will allow the following: a. One (1) Manufactured (Mobile) Home 15,000 Square Feet b. Two (2) Manufactured (Mobile) Homes One (1) acre Minimum. c. Three (3) Manufactured (Mobile) Homes Two (2) acre Minimum. d. Four (4) or more Manufactured (Mobile) Homes - Must be rezoned R-3-A or R Group Care Home Where permitted, Group Care homes shall comply with the following requirements: The use shall be conducted within a single-family residence. The building shall maintain the exterior appearance of a single-family residence, with no separate outside entrances to individual bedrooms. C. The Group Care Home must be sponsored by a public or non-profit organization. State Licensing shall be met. D. No Group Care Home shall be located within one thousand feet (1,000') of another Group Care Home as measured between lot lines Buffers 144

145 15.1 Definition A buffer is herein defined as a strip of land that is retained, planted or constructed for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, restricting passage and enhancing the natural environment - thereby providing for a compatible mix of otherwise conflicting uses. A buffer may consist of the following: A natural barrier such as existing or planted trees or shrubs, or a combination of trees, shrubs or vegetation. Any combination of evergreen trees or other deciduous trees (hardwoods) or shrubs are acceptable as long as the desired visual barrier will be uniformly dense at the minimum height required. A solid opaque fence, a brick or masonry wall, or an earth berm General Requirements for Buffers/Screening Specifications for buffers shall be determined by the Planning Commission where otherwise specified during its review of site development plans. At a minimum, buffers shall meet the following criteria: (a) If a natural barrier is specified in the buffer strip, such barrier shall be a planting strip so planted that, within one (1) full growing season after installation, said planting strip shall provide a visually impervious barrier uniformly dense at all heights from the ground, and a minimum of four feet (4') tall throughout the entire length of the planting strip. The entire surface area of the buffer shall be planted with trees and/or shrubs. Within three (3) full growing seasons after installation, said planting strip shall have reached a minimum height of six feet (6') or greater. If man-made screening methods are specified, the following shall apply: 1. Screening materials shall be continuously maintained, present an attractive exterior appearance and be of durable construction. 2. Unless otherwise noted, acceptable screening materials include wood stockade fences, decorative masonry walls, brick walls and earth berms. Screening walls or fences shall be a minimum of six feet (6') in height (or as modified by the Planning Commission). 3. Location of screening shall not obstruct the visibility of traffic circulation. Buffers shall be of sufficient width, height, capacity and density to eliminate the adverse impact on adjacent properties Modification or Waiver 145

146 The screening and planting requirements of this shall be applied equally to similarly classified and situated properties, but may be modified or waived altogether in certain cases where a building site is subject to any of the following circumstances as determined by the Planning Commission: Where natural vegetation (trees and/or shrubs) exist on a piece of property, when application is made for a Building Permit, a strip of natural vegetation shall be left undisturbed until the Building Inspector has inspected such area and evaluated it with regard to the width requirements set forth in the Zoning Ordinance for that specific use and zone, as well as suitability. The Building Inspector may require that the developer retain a portion of the natural vegetation as a greenbelt/buffer, where such already exists, rather than require a man-made planting strip or other methods of screening. However, such green-belt/buffer must be sufficient in both height and/or density to achieve the desired purpose as a natural barrier. Where impending development of adjacent property would make these standards unreasonable or impractical. C. Where, after inspection by the Building Inspector, it is found that two (2) different and incompatible zone districts abut each other but are already separated by a street or alley, or where the view from the adjoining district is blocked by a change in grade or other natural or man-made features. D. Where a greenbelt or planting strip cannot, in the professional opinion of an expert, be expected to thrive due to poor soil conditions, intense shade or similar conditions. E. Fencing, where installed, shall be constructed prior to the issuance of a Certificate of Occupancy. F. All plantings shall be permanently maintained in good growing condition by the party or parties required to provide such plantings and, when necessary, replaced with new growth. All fencing shall be permanently maintained in good condition and, whenever necessary, repaired or replaced by the party or parties required to provide such fence. G. In special cases where the side and/or rear yards may be inadequate to meet the requirements for the buffer strip, the Planning Commission shall determine, based upon the site plan review or other pertinent information requested, an alternative method of screening or separation Pre-Engineered, All Metal Buildings 16.1 Location No Pre-engineered, all metal building shall be erected in any zone, except the I-1, I-2, I-3-S Industrial District subject to the following requirements: All primary structures are to be covered (no exposed structure). 146

147 All exterior walls are to be painted. No galvanized materials will be permitted. C. Sufficient parking retainers shall be used where a parking area is at the building wall. D. Steel pipe or concrete guards are to be used at all overhead doors. E. All overhead door frames shall be painted with a finished coat of paint. No primed frames will be permitted. F. All buildings shall have factory standard steel building gutters and gable trim. No house gutters or economy trim shall be permitted. G. Sixty percent (60%) of the wall area on the front or entrance wall is to be of acceptable material other than steel panels, glass, masonry, cedar or porcelain panels. H. The front or entrance wall shall have either a mansard system, gable overhang, eave canopy or aluminum marquee. I. All overhang, extensions, open bays, fascia or mansard systems or any condition that leaves roof sheets or frame exposed shall have soffit panels or soffit trim. J. All pre-engineered, all-metal buildings that are to have a complete steel structure shall have a Southern Building Code compliance number. In certain cases where all-metal buildings are deemed to be incompatible with surrounding development (either in construction or appearance), the developer may be required to cover either all or part of the exterior of the building with brick or other materials as deemed appropriate by the Planning & Zoning Commission General Appearance Committee. (Remainder of page intentionally left blank.) 147

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150 ARTICLE VIII SPECIAL EXCEPTION USES 1.0 Generally Certain land use activities are identified for special treatment. The nature of these uses is such that, when properly regulated, they are appropriate in several zone districts. In order to bring about proper integration of these uses into the City's land use pattern, a special set of criteria or standards will tend to maintain compatibility with adjoining land uses. It is intended that the Gardendale Planning Commission will review all proposals for special exception uses for compliance with the appropriate provisions for these special exception uses contained in this Article before an approval is granted and a building permit is issued. 1.1 Special Exception Procedures All uses listed as permitted by special exception shall require the review and approval of an application to the Planning Commission. An application for a special use shall first be filed with the Building Inspector at least twenty-one (21) days before the scheduled public hearing date by the Planning Commission. The application shall be filed by the property owner (or authorized agent of the property owner) on a form made available by the Building Inspector. Such form shall be completed by the applicant (or agent of the applicant) and include the following information and materials: Name, signature and address of the property owner and agent of property owner, if any. Address of the property under consideration. C. Existing zoning and land use of the property under consideration. D. Proposed use by Special Exception. E. A vicinity map showing the exact location of the property. F. A plot plan (or site plan), where deemed applicable, drawn to scale and dimensioned, showing the property boundaries and the proposed development 150

151 layout prepared by an Alabama Registered Professional Engineer. G. The applicant or agent must, at the time application is made, provide the Building Inspector with the names and addresses of adjacent property owners, as well as those property owners within five hundred feet (500') of the subject property. H. A seventy-five dollar ($75.00) filing fee is required from the applicant or agent of the applicant at the time application is made for a Special Exception Use. This fee is non-refundable in the event such proposal is not approved. 1.2 Public Notice Required At least seven (7) days prior to the scheduled Planning and Zoning Commission, the Building Inspector shall give written notice of the proposal to all adjacent property owners, as well as those property owners within five hundred feet (500') of the subject property. Such notice shall be deemed given when deposited in the United States Mail, first class, postage prepaid, addressed to such property owners at their addresses as submitted with the application. Any error in the address of such notice shall not invalidate the giving of notice, provided that no more than five percent (5%) of the total number of notices given contain any such error. Such notice shall contain the following: The name of the applicant. The location of the subject property. C. The proposed use by Special Exception. D. The time, date and location of the Planning and Zoning Commission public hearing. 2.0 Shopping Center Where permitted, a shopping center shall consist of a building group that is unified. The following shall be required: A site development plan which provides for: 1. A minimum site depth of three hundred feet (300') unless otherwise provided for elsewhere in this ordinance. 2. An integrated parking area and vehicular loading spaces as specified in Article IX. 3. Convenient vehicular servicing of the buildings, satisfactory circulation of traffic throughout the parking areas, and no undue interference with through traffic in gaining ingress to and egress from the proposed site. 151

152 4. The location, size and character of all exterior signs. 5. A buffer strip of not less than twenty feet (20') where a shopping center abuts any residential district. 6. Convenient and safely located pedestrian walkways. A traffic analysis indicating the estimated effect of the proposed shopping center on adjacent street traffic, including volume flows to and from the proposed facility. This analysis should be prepared by an Alabama Registered Professional Engineer. C. A preliminary plan or engineering report providing for site grading, storm drainage, topography, sanitary sewers and water supply prepared by an Alabama Registered Professional Engineer. D. Copy of any Deed Restrictions intended for the property upon which the shopping center is to be constructed. 3.0 Gasoline Service Station Where permitted, Gasoline Service Stations shall observe all regulations for such structures and their uses as required by the laws of the State of Alabama, as well as provisions contained herein: No gasoline service station shall be located within a radius of three hundred feet (300') from a public assembly center, (including but not limited to places of worship, community center, hospital, school, day care Center, and similar uses in which large numbers of people are concentrated on a temporary or permanent basis. All permanent storage of materials, merchandise and equipment shall be within the principal building or within the setback lines, with the exception of garbage and trash, which shall be located in an area enclosed on three (3) sides by an opaque fence of at least six feet (6') in height and located behind the rear building line. C. Drains located on the premises without the approved separators in the trap shall be prohibited. Gasoline storage tanks shall be located under ground and be in full compliance with Alabama Department of Environmental Management (ADEM) requirements. D. Applicable Only To New Service Stations. 1. Minimum site of 12,000 square feet. 2. Frontage on a public street of one hundred and twenty feet (120'). 3. Structures permitted on said site not to exceed one (1) principal structure, and four (4) triple gas pumps. 152

153 E. F. 4. All islands shall have a minimum of a twenty foot (20') setback from the street. 5. All driveways shall be set back a minimum of twenty feet (20') from the property corners, shall not exceed thirty-five feet (35') in width and shall be thirty feet (30') apart. 6. A minimum of 1,600 square feet of lot area is required for each additional triple pump island. A lot area of 1,200 square feet shall be provided for each service bay or car wash and 150 square feet for a separate pay station. Applicable Only to Construction of Gasoline Pumps and Facilities to Existing Establishments. The following minimum standards shall apply to the gasoline dispensing area, including pump islands and approach drives: 1. One (1) triple Island, 2,700 square feet. 2. One (1) pay station and one (1) triple island, 5,200 square feet. 3. A minimum of 1,600 square feet of lot area shall be provided for each additional triple pump island and a minimum of 1,200 square feet of lot area shall be provided for each bay and car wash. The following are prohibited uses at Gasoline Service Stations: 1. Storage of vehicles on the premises for purposes other than maintenance and repair. This shall not include wrecked motor vehicles left on the premises temporarily for insurance inspection and estimates of repair. However, such vehicles shall not be parked or stored in the building or on the premises longer than seventy-two (72) hours. 2. Major vehicle repair activities as defined in Article IV. 3. Buying or offering for sale of new or used motor vehicles. 4. Any use performed inside the principal building or on the premises which is offensive or dangerous or which constitutes a nuisance to the occupants of adjacent properties by reason of smoke, fuels, dust, odor, vibrations, noise or unsightliness. 4.0 Restaurant, Fast Food Where permitted, Fast Food Restaurants shall comply with the following: Submission of a site development plan, which provides for: 153

154 1. A five foot (5') high fence, constructed of opaque material, shall be located on all property lines of said Fast Food Restaurant premises not bordering on a public street. Where the Planning and Zoning Commission deems appropriate, a buffer may be substituted, provided the desired screening effect is achieved by providing a visually impervious barrier. 2. A preliminary plan or engineering feasibility report providing for the site grading, storm drainage, topography, sanitary sewers and water supply shall be prepared by a Registered Professional Engineer. 3. A dumpster pad which shall be located in the in the rear of the establishment and enclosed in a manner adequate to conceal such from public view. The outside premises of any Fast Food Restaurant shall be cleared of all used paper, trash, refuse and other waste materials at least once every six (6) hours prior to closing. C. Fast Food Restaurants shall not be permitted to install and maintain loud speakers or jukeboxes in a manner which allows sounds coming therefrom to be heard outside the restaurant building. This shall not, however, include microphones and speakers necessary for ordering food at drive-thru windows. 5.0 Hospital Where permitted, Hospitals shall comply with the following regulations: Submission of a site development plan which provides for: 1. A preliminary plan or engineering feasibility report providing for site grading, storm drainage, sanitary sewers, topography, and water supply, prepared by an Alabama Registered Professional Engineer. 2. One Hundred (100) square feet of outdoor open space, exclusive of required front yards, side yards, buffer areas, parking areas, loading spaces or other purposes for each bed in a hospital. Said outdoor space shall be open and unobstructed from the ground upwards. Submission of a traffic analysis indicating the estimated traffic flows to and from the facility prepared by an Alabama Registered Professional Engineer, where deemed necessary by the Planning Commission. 6.0 Nursing Care Facility Where permitted, a Nursing Care Facility shall comply with the following requirements: Submission of a site development plan which provides for: 154

155 1. A preliminary plan or engineering feasibility report providing for the site grading, storm drainage, topography, sanitary sewers and water supply, prepared by an Alabama Registered Professional Engineer. 2. Two Hundred (200) square feet of outdoor open space, exclusive of required front yards, side yards, buffer areas, parking areas, loading spaces or other purposes for each bed in the nursing care facility. Said outdoor open space shall be open and unobstructed from the ground upwards. Submission of a traffic analysis, indicating the estimated traffic flows to and from the nursing care facility, prepared by an Alabama Registered Professional Engineer, where deemed necessary by the Planning and Zoning Commission. 7.0 Cemeteries Where permitted, Cemeteries shall comply with the following requirements: Submit a site development plan which depicts the boundaries of the cemetery, existing zoning, adjacent land uses, topography, drainage and buffers, prepared by a Registered Professional Engineer. Locate no part of a Cemetery closer than two hundred feet (200') from any residential zone district in the City nor closer than five hundred feet (500') from any hospital or nursing care facility. C. Construct a six foot (6') high protective wall or fence on all property lines, except at points of ingress and egress. Cemeteries shall be exempt from any required buffering or screening along public rights-of-way. The facility shall have installed gates with locks at points of ingress and egress. D. Locate no grave site closer than one hundred and fifty feet (150') from a water line or underground water supply. E. Locate no mausoleum, crematoriums or any other building or structure (accessory to or incidental to a cemetery) closer than two hundred feet (200') from any property line. 8.0 Home Occupations Where permitted, Home Occupations shall comply with the following requirements: 155

156 The Home Occupation shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No Home Occupation shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian and vehicular traffic or any other conditions which would constitute an objectionable use of residentially zoned property. Customary Home Occupations shall be limited to an office or a business of a personal service nature. C. The Home Occupation shall be confined to twenty-five percent (25%) of the principal dwelling. However, no outside storage shall be used in connection with a Home Occupation. In addition, no additional buildings or structures may be constructed in connection with the Home Occupation. D. Employment shall be limited to members of the family residing in the dwelling and there shall be no employment or help other than members of the residential family. E. No display of products shall be visible from the street and only articles made on the premises may be sold. F. Instruction of music, art, dancing and similar activities shall be limited to two (2) students at a time, and any noise created by the activity shall not be detectable outside the premises. G. The activity carried on as a Home Occupation shall be limited to the hours between 7:00 M. and 10:00 P.M. H. The Building Inspector of the City of Gardendale and a representative of Fire Department of the City shall be permitted to make an inspection upon receipt of the initial application; and, in addition, make annual inspections at license renewal time or at any time, upon reasonable request, to enter and inspect the premises covered for safety and compliance purposes. I. The Building Inspector and/or representative of the Fire Department shall file with the Planning Commission a written inspection report of any inspection to determine if the licensee is in compliance with this section or, if not in compliance, to set out any area of non-compliance. J. Should a Home Occupation licensee die or move to a new location, the existing license shall automatically terminate, except that, in the case of death, should a surviving spouse or adult then residing at the same residence desire to continue the Home Occupation, the license would remain in effect, if otherwise in compliance. K. Signs shall be in accord with the specifications set forth in Article X of this Ordinance. 156

157 9.0 Mini-Warehouse Where permitted, mini-warehouses shall comply with the following requirements: No outdoor storage shall be permitted on the site. No storage of volatile, toxic or explosive materials shall be permitted, either inside the structure or structures or on the premises. C. The facility or site shall not be used for wholesale or retail sales operations or activities. D. A minimum lot size of three (3) acres shall be required for a mini-warehouse development, and such facility shall be limited to one (1) story in height. E. A limit of thirty (30) mini-warehouses or 15,000 square feet of mini-warehouse floor area per acre is required. F. Submit a required site development plan which provides for: 1. A preliminary plan or engineering feasibility report which addresses site grading, storm drainage and water run-off, and the availability of required utilities, as well as the identification of areas to be buffered. A minimum twenty-five foot (25') buffer shall be provided along all property lines abutting any residential zone district within the City Enclosure of the facility entirely by a six foot (6') high fence, except at points of ingress and egress. Gates shall be provided at such locations and secured with locks Private Tennis Courts Where permitted, private tennis courts shall comply with the following requirements: All tennis courts constructed in single-family or two-family residential districts shall meet the following minimum standards: 1. The tennis court shall be located in the rear yard. 2. The tennis court may not be located any closer than twenty-five feet (25') from any property line or residential structure. 3. All fences shall meet the requirements of 4.0, Article VII. 69 Amended Ord No

158 Tennis courts for multi-family and commercial uses shall meet the standards deemed appropriate by the Planning and Zoning Commission during the review of each specific proposal, including, but not limited to, required buffers. C. If lighted, all exterior lighting fixtures shall be constructed in a manner so as to direct the beam of light toward the facility itself and away from any adjacent areas. Said fixtures shall not exceed twenty-five (25') feet in height Industrial Park Where permitted, Industrial Parks shall comply with the following requirements: An Industrial Park shall, for the purpose of this Ordinance, include all land twenty-five (25) acres or more in size, subdivided and platted into two (2) or more parcels, and used or intended to be used for predominately industrial or commercial purposes of an industrial character. Submission of a Site Development Plan which provides for: 1. Access to an Industrial Park shall be by way of a major thoroughfare. 2. All streets or roadways within an Industrial Park shall have a minimum right-of-way width of seventy feet (70'), a maximum gradient of five percent (5%) and shall conform to the City of Gardendale standards for commercial streets or as otherwise approved by the Planning & Zoning Commission. 3. Off-Street parking and loading shall be provided in accordance with Article IX of this Ordinance. 4. Outdoor storage in an Industrial Park shall be permitted ONLY when accessory to a permitted principal use and only when storage areas are suitably screened by either landscaping, fences or walls, and are located at least one hundred feet (100') from any property line and at least one hundred and fifty feet (150') from any street lines. Such storage areas shall not cover more than fifteen percent (15%) of the site areas. 5. A buffer area not less than fifty feet (50') in width shall be provided along all property lines of an Industrial Park which abuts any residential zone. 6. Cul-de-sac streets shall not be permitted in Industrial Parks. Dead-end streets, however, are permitted when not more than five hundred feet (500') in length, as measured from the terminal point of the dead-end street to the closest intersection, and when such terminal point is provided with a paved vehicle turnaround area having a minimum right-of-way radius of seventy feet (70'). 158

159 7. The vehicular approach to an Industrial Park site from a public street or highway shall be so designed that uncontrolled left hand turns from the street or highway shall be eliminated or reduced either by a frontage roadway or other suitable means deemed adequate by the City Engineer and Street Department Superintendent. 8. Sight distances at all points of ingress and egress to public streets or highways shall not be less than one thousand feet (1,000'), except where a traffic signal light is installed at the entrance to or exit from the Industrial Park site unless otherwise determined by a study conducted by the City Engineer or other persons qualified in this field. 9. Where points of ingress and egress to Industrial Parks from public streets or highways having speed limits in excess of thirty (30) miles per hour are located, there shall be provided on the public thoroughfare acceleration and de-acceleration lanes, the length of which shall be determined by the following: Road Speed In Miles Per Hour Distance in Feet C. A report of subsurface soil conditions shall be provided to the Building Inspector of the City of Gardendale by an Alabama Professional Engineer as evidence of suitable bearing for foundations in the construction of industrial structures of a nature intended to be used within the proposed Industrial Park. D. A preliminary plan or engineering feasibility report shall be submitted to the Building Inspector, which provides for the site grading, storm drainage, sanitary sewerage and water supply, prepared by an Alabama Professional Registered Engineer. E. A copy of any deed restrictions shall be provided to the Planning Commission Modular Homes The regulations and requirements in this section are designed to ensure protection of health, safety and welfare of both the residents of the Modular Home and residents of neighborhood property. The following requirements shall be met: No Modular Home shall be occupied for dwelling purposes unless the same is located in the proper zoning district and approved by the Planning Commission as a Special Exception Use. Modular Homes shall not be a permitted use unless and until it meets and complies with all requirements applicable to a single family dwelling and 159

160 possesses all necessary permits and other certifications as required by the State, County and the City Codes. Laws or Regulations that may apply either pursuant to, or adopted after the adoption of this Ordinance, i.e. that which is more stringent shall apply. C. Modular Homes shall be at least twenty (20) feet in width and shall meet the minimum square footage requirements of any restriction of plats, deeds, or private contract if such is greater than the provisions of this Ordinance, i.e. that which is more restrictive shall apply. D. Modular Homes shall be placed on a permanent foundation constructed with material customarily used in conventional type residential developments and shall be attached and/or anchored thereto in compliance with all applicable State, County or City Codes, Standard Regulations or Laws and with manufacturer installation specifications, i.e. that which is more stringent shall apply. E. The minimum distance from the top of the foundation to the eaves of the dwelling shall be eight (8) feet as measured at the highest elevation of the foundation to the lowest elevation of the eaves. F. Modular Homes shall have a pitched roof composed of a material customarily used on conventional dwellings, including fiberglass, shake, asphalt or tile R-4 Multi-Family Residential Development Pursuant to Article VI, 7.3, Special Exception Uses 70 The regulations and requirements in this section are designed for the protection of the health, safety and welfare of the residents of multi-family residential developments and the residents of neighboring property. All requirements applicable to non-special exception R-4 Multi-Family Residential developments, as contained in Article VI, s 7.0 through 7.6, shall apply to developments under this section to the extent that the requirements of this section do not supersede, contradict, or impose additional or more stringent requirements, in which case the requirements of this section shall be applicable rather than the requirements of Article VI, s 7.0 through 7.6. The following requirements shall be met by developments under this section: Area and dimensional requirements 1. Minimum Lot Area: more than one (1) acre. 2. Maximum Density: ten (10) dwelling units per acre contained in the tract of land. 70 Amended Ord No

161 3. Maximum Building Area: thirty-five percent (35%) of the lot or parcel. 4. Minimum Lot Width: 200 feet at the building line. 5. Minimum Yard Setbacks: Front: 50 feet * Rear: 40 feet Side: 25 feet *provided that the minimum front yard setback shall be at least seventy-five feet (75') from the center line of an adjacent, undedicated road. With respect to corner lots, each yard adjacent to a public street must comply with the minimum setback for a front yard. 6. Building Height Limitation: 35 feet or 2 stories. 7. Minimum Livable Floor Area: 900 square feet. 8. All buildings in which multiple dwelling units are located shall be separated by not less than: a. Forty feet (40') front to front. b. Fifteen feet (15') front to end, if the end wall is blank and without windows. c. Thirty feet (30') front to end, if the end wall has one (1) or more windows. d. Forty feet (40') back to back. e. Fifty feet (50') front to back. f. Twenty feet (20') end to end, if the end wall of at least one (1) of the buildings has no windows. g. Thirty feet (30') end to end, if the end wall of both of the buildings has one (1) or more windows. Additional Requirements and Provisions 1. Parking Areas for Boats, Campers and Recreational Vehicles: Each development shall be provided with one (1) screened parking area for boats, campers and recreational vehicles for each ten (10) dwelling units in 161

162 the development. Each such parking area shall be screened by an opaque wall or fence of permanent construction, at least six feet (6'), but not more than eight feet (8'), in height and designed and constructed so as to conceal the parking area from visibility from outside such wall or fence. The entrance to the parking area shall be screened by a gate constructed of an opaque material, which gate shall be the same height as the wall or fence. The parking area must be paved with concrete. 2. Service Yards: Each development erected pursuant to this section shall be provided with a service yard for the storage of garbage, trash, and maintenance equipment. Each such yard shall be located so as to be conveniently accessible by a street, alley or driveway to vehicles collecting such refuse and to occupants of the building or buildings served by such yard. Each such yard shall be paved with concrete and shall be enclosed by an opaque wall or fence of permanent construction, at least six feet (6'), but not more than eight feet (8'), in height and designed and constructed so as to conceal the service yard from visibility from outside such wall or fence. The entrance to the service yard shall be screened by a gate constructed of an opaque material which gate shall be the same height as the wall. 3. Sidewalks: Sidewalks of not less than five feet (5') in width shall be provided between any parking area and the building or buildings which they serve, and there shall be a curb between all parking areas and any adjacent sidewalk. The sidewalks shall be paved with concrete or brick. 4. Exterior Lighting: Artificial illumination shall be provided for all parking areas. Such artificial illumination shall be arranged so as to shine and reflect away from any adjacent residential areas and away from any streets adjacent to or near the parcel. Each lighting fixture shall be designed and installed so as to direct its beam of light below the horizontal plane of such lighting fixture. 5. Fire Protection: No portion of any building shall be located farther from a fire hydrant than may be reached with five hundred feet (500') of hose. 6. Recreational Areas: At least ten percent (10%) of the area of each development shall be used as one or more recreational areas for the use of the residents of the development and their guests. The recreational area or areas must be well maintained in a safe and sightly condition. 7. Storage Units: Each dwelling unit shall be provided with a storage unit, the dimensions of which shall be at least: Height: 8 feet Width: 7 feet Depth: 5 feet 162

163 The storage unit shall be a part of the dwelling unit and shall be accessed from the outside of the dwelling unit. The door of the storage unit shall be provided with a lock and an electric light fixture. 8. Buffer Requirements: When any lot on which a development constructed pursuant to this section wholly or partially abuts a lot that is, or lots that are, zoned E-1 Single-Family Residential District (Estate), R-1 Single Family Residential District, R-2 Single Family Residential District, RT-4 Townhouse Residential District or RG Garden Home Residential District, a buffer, at least fifty feet (50') in width, shall be provided by the developer of such development, which buffer shall be located on the rear and/or side or sides of such development that is adjacent to the lot zoned E-1, R-1, R-2, RT-4 or RG. When a buffer is required for the rear of a lot, the buffer shall extend across the entire width of the lot. When a buffer is required for the side of a lot, the buffer shall extend from the rear line of the lot to the front line of the lot unless, in the opinion of the Building Inspector, having the buffer extend to the front line of the lot would interfere with or obstruct sight lines or visibility with respect to vehicular traffic, in which case the buffer shall extend to the point immediately before the point at which the buffer would interfere with or obstruct such sight lines or visibility. Refer to Article VII, s 15.0 through Traffic Study and Plan: For each development, a traffic study and plan, prepared by a registered traffic engineer, must be furnished. The study shall be prepared in accordance with generally accepted standards for traffic studies. The traffic study shall show, in detail reasonably satisfactory to the Building Inspector, based on properly conducted studies, the effect that the proposed development will have on the area adjacent to and near the tract of land upon which the development is proposed to be built. The study shall make recommendations with respect to what additional traffic signals or devices will be needed adjacent to or near such tract of land because of the proposed development. The developer shall be required to pay the cost of any such signals and/or devices, if the Building Inspector considers them necessary, and any other traffic signals and devices that the Building Inspector considers necessary because of the proposed development. 10. Drainage Study and Plan: For each development, a drainage study and site plan must be furnished. Such study shall be made by, and such plan shall be prepared by, an engineer who is registered in the State of Alabama and is qualified to make such study and plan. The plan must be based on properly conducted studies and must show, in detail, reasonably satisfactory to the Building Inspector, the effect that the proposed development will have on the tract of land on which the development is proposed to be built and the land adjacent to and near such tract of land. The plan shall show the topography of the land included in the development. The plan shall include drainage, grading, excavation, topography, erosion and sedimentation, storm-water detention and floodplain management controls. The plan shall provide for such 163

164 structures and devices as may be required to handle a 100-year flood, 24hour storm. Neither the drainage plan, nor the recommendations therein, shall serve as a substitute for any other regulations with respect to drainage as provided for by the ordinances or regulations of the City. 11. The Planning and Zoning Commission or the Building Inspector shall have the right to make any additional requirements deemed necessary by the Planning and Zoning Commission or the Building Inspector to protect the health, safety and welfare of the residents of the multi-family residential development and neighboring residents. If one or more provisions of this 13.0 conflict with another provision of the zoning ordinance, the provisions of this 13.0 shall control. 164

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166 (Blank page intentionally inserted here.) ARTICLE IX OFF-STREET PARKING AND LOADING REQUIREMENTS 1.0 Purpose of Off-Street Parking and Loading Requirements The primary purpose of these provisions is to reduce traffic congestion on public streets of the City of Gardendale by requiring certain minimum parking and loading areas be provided offstreet. Further, these provisions insure safe and convenient access to and from each site, as well as safe and efficient on-site traffic circulation and encourage the design of attractive, efficient and harmonious facilities. 1.1 Off-Street Parking and Loading Terms Defined The following off-street parking and loading terms, when used in this article, shall have the meanings defined in this section: Access Boundary - That portion of the parking area that consists of a travel lane bounded on either side by an area that is not part of the parking area. BR - Bedroom or guest accommodations. DU - Dwelling unit. 166

167 Employee - The maximum number of persons employed at the facility, regardless of the time period during which this occurs or whether the persons are full-time employees. The major shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant. GLA - Gross Leasable Area. The total floor area of a building designed for both tenant occupancy and exclusive use. GLA includes both owned and leased areas but does not include shared or common areas among tenants. Where the total floor area of a building is occupied or where a building has no shared or common area, GLA is the gross floor area measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. Inoperative Motor Vehicle - A motor vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. Abandoned Motor Vehicle - A vehicle that is in a state of disrepair and incapable of being moved under its own power. Loading Area - That area used to satisfy the requirements of this Ordinance for truck loading and unloading. Loading Space - An off-street space or berth used for the unloading or loading of commercial vehicles. Occupancy Load - The maximum number of persons which may be accommodated by the use as determined by its design or by fire code standards. Parking Aisle - That portion of the parking area consisting of lanes providing access to parking spaces. Parking Area - An improved area on a lot exclusively used or designed for use as a temporary storage area for motor vehicles, containing access driveways, parking aisles and parking spaces. Parking Space - That portion of the parking area set aside for the parking of one (1) vehicle. SF - Square Feet. Stacking Space - An off-street space for the temporary stacking of vehicles with an aisle intended to serve a drive-in teller window, take-out food window, dry cleaning/laundry pick-up or similar type activity station. 1.2 Required Off-Street Parking Spaces 167

168 Unless otherwise provided for, all uses shall conform with the minimum parking space requirements outlined below. In situations where the required number of parking spaces is not readily determinable by the below table, the Building Inspector is authorized to determine the parking space requirements using the table as a guide. Agricultural Uses Required Parking Spaces Farm Farm Stand 1 per 1.5 employees 1 per 100 SF of display area Residential Uses 71 Duplex, Manufactured (Mobile) Home, Garden Home, Townhouse, Single-Family Residence, Apartment (multi-family) unit. C. 2 per DU (except that for each dwelling unit in an RT-4 Townhouse Residential District, there shall be 1 additional parking space, which additional parking spaces shall be located on a paved parking area on the development site, which parking area shall be designated for, and restricted to, such additional parking spaces. Institutional Uses Boarding House 1 per BR Club 1 per 100 SF of non-storage and non-service floor area. Community Center 1 per 300 SF of GL Country Club 1 per 3 persons of occupancy load. Day Care Center 1 per employee, plus 1 stacking or parking space per 8 persons enrolled of occupancy load. Hospital 1 per 2 patient beds plus 1.5 per emergency room bed plus 1 per employee. Nursing Care, Domiciliary Care, Half-Way House, Group Care Facility 1 per 2 employees of occupancy loan plus 1 per employee. Place of Worship 1 per 3 persons seated in the main sanctuary of occupancy load. 71 Amended Ord No

169 D. Post Office 1 per 300 SF of GLA plus 1 per 1.5 employees. Public Assembly Center 1 per 3 persons of occupancy load. Public Facility 1 per 300 SF of GL School - College 1 per 3 students of occupancy load or University plus 1 per 1.5 employees. School - Elementary or Junior High 1 per 8 students of occupancy load or 2 per classroom, whichever is greater. School - Vocational or High School 1 per 6 students of occupancy load plus 1 per 1.5 employees. Commercial Uses Appliance Store 1 per 400 SF of GL Bank Barber or Beauty Shop 1 per 150 SF of GLA, plus 4 stacking spaces per drive-in window. 1 per 100 SF of GL Bed and Breakfast Inn 1 per guest bedroom, plus 1 per employee Billiard Room, Pool Hall 1 per table. Bowling Alley 4 per alley. Car Wash 1 per 1.5 employees, plus 4 stacking spaces per bay. Clinic 6 per practitioner. Commercial School 1 per 3 students of occupancy load, plus 1 per 1.5 employees. Convenience Store 1 per 125 SF of GL Farm Support Business 1 per 1.5 employees, plus 1 per company vehicle. Funeral Home 1 per 1.5 employees, plus 1 per 3 chapel seats of occupancy load, plus 1 per company vehicle. Furniture Store 1 per 500 SF of GL 169

170 Gasoline Service Station 2 per service bay, plus 1 per company vehicle, plus 1 per 1.5 employees, plus 2 stacking spaces per fuel island. General Retail Business or Personal Service Establishment 1 per 200 SF of GL Home Improvement Center 1 per 400 SF of GL Hotel or Motel 1 per room, 1 per 1.5 employees. Laundromat, Dry Cleaning Establishment 1 per machine or 1 per 200 SF of GLA, whichever is greater. Liquor Lounge 1 space per 4 seats, plus 1 space per 50 square feet open to the public. Market 1 per 100 SF of display area. Mini-Warehouse 1 per 20 units. Motor Vehicle Sales 1 per 200 SF of sales area, plus 1 per service bay, plus 1 per 2,500 SF of outdoor display area. Motor Vehicle Service 1 per 200 SF of sales area, plus 1 per service bay. Office, business or professional 1 per 200 SF of GL Outdoor Recreation: Carpet Golf Golf Course Golf Driving Range Other plus 2 per Tee. 5 per Hole. 1 per Tee. 1 per 3 persons of occupancy load. Restaurant 1 per 100 SF of GLA, plus 1 per delivery vehicle, plus 4 stacking spaces window. Shopping Center: Add for Restaurants Add for Theaters 5 Parking Spaces per 1,000 SF of GL 1 per 100 SF of GL 1 per 3 persons of occupancy load. Stable 1 per 3 persons of occupancy load, plus 1 per1.5 employees. per drive-in 170

171 E. Industrial Uses General Industry and Manufacturing, Research Laboratory and similar uses. 1 per 1.5 employees, plus 1 per company vehicle, but not less than 1 per 1,000 SF of GLA, Warehouse, Distribution and Wholesale Business 1 per 1.5 employees, plus 1 per company vehicle, but not less than 1 per 500 SF of GL 1.3 Off-Street Parking Design Requirements The minimum Parking Space dimensions shall be as follows: 1. Each Parking Space shall contain a minimum rectangular area of nine feet (9') width and nineteen feet (19') length, except as provided in (2) and (3) below. 2. In large parking areas of twenty (20) or more Parking Spaces, up to twenty percent (20%) of the Parking Spaces may be reserved for compact cars. Such spaces shall contain a minimum rectangular area of eight feet (8') in width and sixteen feet (16') in length. These spaces shall be conspicuously marked for compact cars only. 3. Parallel Parking Spaces shall contain a minimum rectangular area of nine feet (9') in width and twenty-two feet (22') in length. 4. Stacking Spaces shall contain a minimum rectangular area of ten feet (10') in width and twenty feet (20') in length and be separated from parking aisles and spaces. 5. Handicapped Parking Spaces shall be provided and designed in accordance with the applicable provisions of the currently adopted Standard Building Code and as such may be amended with regard to Accessibility For the Physically Disabled And/Or Handicapped. Parking areas shall be designed so that vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas that serve one (1) or two (2) dwelling units, although backing into arterial streets shall be prohibited. C. All lighting fixtures used to illuminate parking areas shall not direct lights on adjoining 171

172 streets or properties and shall not exceed a height of twenty-five feet [25'] above ground level. D. Parking areas for all developments shall be so designed that sanitation, emergency and other public service vehicles can adequately and safely serve such developments without the necessity of backing unreasonable distances or making other dangerous maneuvers. Fire lanes may be required by the Fire Code. E. All parking areas shall be surfaced with dust-free materials (asphalt or concrete). F. Parking spaces (except those serving one (1) or two (2) dwelling units) shall be demarcated with painted lines or other markings. G. All parking areas shall be maintained in good condition (i.e. free of pot holes, weeds, trash, refuse, etc.). H. Drainage in parking areas shall direct storm water back into the site from adjacent properties toward adequate drainage channels. Large parking areas of twenty (20) or more spaces shall provide on-site storm water detention to retard the sudden discharge of high volumes of storm water into the public drainage system. The quantity and rate of runoff after development shall not exceed the quantity and rate of runoff before development, based on a one hundred year (100-year) flood, twenty-four (24) hour storm. Drainage plans shall be subject to the approval of both the Planning Commission and the City Engineer Location of Required Parking All required parking spaces shall be located on the same lot as the use served by the parking, except as provided below: Required parking within planned residential developments may be provided in common parking areas. If the number of required parking spaces cannot reasonably be provided on the same lot as the served use, satellite parking may be provided on an adjacent lot. The satellite parking spaces shall be located within four hundred feet (400') of the nearest public entrance to the building housing the principal use. If the use is not housed within a building, satellite parking spaces shall be located within four hundred feet (400') of the lot. A satellite parking exception requires written legal documentation that the user of such satellite spaces has the right to such spaces. C. A joint parking area may contain required parking spaces for more than one (1) use, provided the combined number of spaces complies with the parking for all uses. If, however, applicant desires to make use of the same spaces for different businesses at different times, the same spaces may be credited to each separate use. The applicant for a combined use facility must present documentation of a combined parking agreement; and, if sharing the same spaces, a time schedule for allocation of such spaces. 72 Amended Ord

173 1.5 Parking Prohibitions The keeping of an inoperative motor vehicle shall be within a fully enclosed building or structure or be completely screened or shielded from public view. Moreover, no inoperative motor vehicle shall be parked on any public street. No vehicle exceeding 7,500 pounds gross weight and no boats, trailers, recreational vehicles, campers and/or similar equipment, regardless of weight, shall be kept within a residential district, unless such vehicle is parked behind the front building line. C. The use of Off-Street Parking in all residential districts for non-residential purposes is prohibited. D. The use of any required parking space for the storage of any motor vehicle for sale, or for any purpose other than the parking of a motor vehicle for employees or visitors is prohibited. 1.6 Access Controls Proposed access points within the City shall be reviewed by the Building Inspector, Street Department Superintendent and City Engineer. The proposed location, width, drainage structure, traffic conditions, site distances and resurfacing shall be addressed in the request for approval. Entrances shall be held to a minimum and be located at points affording maximum sight distances, minimum grades and maximum separation. Combined or shared driveways and entrances or marginal access streets may be required for highway service uses along major streets. C. The maximum number of entrances for each site shall be limited on the basis of street frontage as follows: Maximum Number Street Frontage Width of Entrances Less than 125 feet 125 to 300 feet 300 to 500 Feet 500 to 1,000 Feet More than 1,000 Feet One Two Three Four Five D. Property which has frontage on two (2) or more streets may be allowed entrances on each street in accordance with the above criteria. E. The distance between openings shall be one hundred and twenty-five feet (125'), except for single-family detached lots. F. Entrances shall be located so that the curb openings are a minimum of five feet 173

174 (5') from the nearest edge of a street drainage inlet and fifty feet (50') from the corner radius. G. Turning lanes or pavement widening at approaches to entrances may be required if deemed necessary by the City Engineer to provide safe turning movements. H. Each parking area on a lot shall be physically separated from an adjoining street right-of-way by a curb or equivalent barrier to control vehicular access to and from the lot. Such barrier shall be located at or along the front line, unless suitable barriers are located within the street right-of-way. Except for permitted access ways, such barriers shall be continuous. 1.7 Required Off-Street Loading Spaces Any use with a gross leasable area (GLA) of 6,000 square feet or more which requires deliveries and shipments must provide off-street loading spaces in accordance with the following table. In situations where the required number of loading spaces is not readily determinable by the table, the Building Inspector is authorized to determine the loading space requirement, using the table as a guide. Required Number of Loading Spaces GLA of Building 6,000 24,999 25,000 79,999 80,000 27,999 28, , , , , , , ,999 Each additional 72,000 square feet Every public assembly use, auditorium, convention hall, exhibition hall, stadium, office building, funeral home, multi-family apartment buildings of twenty (20) or more units, restaurants and hotels of 30,000 square feet or more shall provide off-street loading spaces, as follows: Required Number of Loading Spaces GLA of Building 6,000 30,000 45, , , , , ,000-29,999 44, , , , , , ,

175 588, ,999 Each Additional 105,000 Square Feet Off-Street Loading Design Standards Each loading space shall have a minimum rectangular area of twelve feet (12') in width and fifty-five feet (55') in length, exclusive of driver and maneuvering space. Each space shall allow vertical clearance of fourteen feet (14'). No loading space shall be located within the front yard or within five feet (5') of any property line. C. No loading space shall be used to meet the parking space requirement, interfere with the on-site circulation of traffic, nor allow a truck to expand into any rightof-way or over any property line. D. All lighting fixtures used to illuminate loading areas shall not direct light on adjacent streets or properties and shall not exceed a height of twenty-five feet [25'] above ground level. E. All required loading spaces shall be located on the same lot as the principal use served by the spaces, unless a satellite or joint use loading facility is secured in equivalent as satellite or joint parking facilities, as provided by Subsection 1.4, Location of Required Parking. 1.9 Change in Parking and Loading Requirements Whenever there is an alteration of a structure, an expansion of a use or a change in use which increases the parking and loading requirements, the use shall conform with the off-street parking and loading standards of this Ordinance to the furthest practicable extent. (Remainder of page intentionally left blank.) 175

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178 ARTICLE X SIGN REGULATIONS 1.0 Purpose and Intent The purpose of these Sign Regulations is: to encourage the effective use of signs as a means of communication in the City of Gardendale; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these regulations. 1.1 Definitions Applicable to this Ordinance The following definitions are applicable to the Sign of this Ordinance: Animated Sign - Any sign that uses movement or change in lighting to depict action or create a special effect or scheme. Banner - Any sign of light-weight fabric or similar material that is temporarily 178

179 mounted to a pole or a building by a permanent frame or one (1) or more edges. National Flags, State and Municipal Flags or the Official Flag of any institution or business shall not be considered banners. (See temporary Sign.) Bench Sign - Shall mean any sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way. Billboard - A non-point of sale sign which directs attention to a business, commodity, service or activity, conducted, sold or offered for sale at a location other than the premises upon which said billboard is located. (See Off-Premise Sign.) Bulletin Board - A sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the name of individuals connected with it and general information or announcements of events or activities occurring at the institution or similar messages. Changeable Copy Sign (Electronic) - A sign board that is designed so that the characters, letters or illustrations can be electronically changed or arranged without permanently altering the face or the surface of the sign. Changeable Copy Sign (Manual) - A sign that is designed so that characters, letters or illustrations can be manually changed or arranged without permanently altering the face or surface of the sign. Construction Sign - Shall mean any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. (See Temporary Sign.) Directory Sign - A sign upon which the name and location of the occupants or the use of a building is given. Erect - Shall mean to build, construct, attach, hang, place, mount, suspend or affix and shall include the painting of wall signs upon the exterior wall surface of buildings or structures. Free-Standing Sign - Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Ground Sign - Any sign which is supported by structures or supports in or upon the ground and independent of support from any building with a maximum height of fifteen feet (15'). Illuminated Sign - A sign lighted by or exposed to artificial lighting either by lights on or inside the sign face or directed toward the sign. Indirect Light - One reflecting light from a separate outside source aimed toward it, including silhouettes on a background or reflected light. 179

180 Direct Light - One emitting light from a source within or affixed to the sign face and beaming outward from it. C. Intermittent Light - Any flashing, traveling light, including arrangements that spell messages, simulate motion or form various symbols or images. Location - Any lot, premises, building, structure, wall or any place whatsoever upon which a sign is located. Non-Conforming Sign - Any sign that does not conform to the requirements of this Ordinance. Off-Premise Sign - A sign that directs attention to a business, commodity, service, entertainment or activity conducted, sold or offered for sale at a location other than the premises upon which the sign is located. On-Premise Sign - A sign which advertises only goods, services, facilities, events or attractions available on the premises where located, or identifies the owner or occupant or directs traffic on the premises. Permanent Sign - A sign which is originally designed, constructed or modified to be permanently affixed to a building, structure or to the ground. Person - Any person, firm, partnership, association, corporation or organization (singular or plural) of any kind. Portable Sign - Any sign which is not permanently affixed to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to "A" or "T" frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the day to day operation of a business. A portable sign is prohibited in all zoning districts throughout the City. 73 Premises - A lot or tract of land upon which a sign is located or is to be located. Principal Building - The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other buildings which are clearly accessory in nature shall not be considered principal buildings. Projecting Sign - Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches (6") beyond the surface of such building or wall. 73 Amended Ord No

181 Roof Sign - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. Roof Sign - Integral - Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches (6"). Sign - A name, identification, image, description, display or illustration which is affixed to, painted on, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not considered signs or parts of signs. Sign Area - The area of a sign, measured as follows: Free-standing or projecting signs shall be measured as the area within a single rectangle which encompasses the extreme limits of each and every sign face, including all advertising surfaces, background, framing and ornamentation, but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy. The area of all such faces will be totaled and such resultant area shall be divided by two (2) to determine the total sign area. All other signs shall be measured as the area within a single rectangle which encompasses all letters, words, symbols or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. Sign Face - The surface or surfaces used for the display of a sign message as seen from only one (1) direction. Signable Wall Area - The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors or major architectural interruptions of the building surface. For signs located completely within a gable, signable wall area may be triangular in shape. Snipe Sign - Shall mean any sign of any materials whatsoever that is attached in any way to a utility pole, tree or any object located on public right-of-way. Spacing of Signs - The distance between signs measured from points directly opposite the signs along the nearest edge of the pavement or roadway of the main 181

182 thoroughfare or traveled way of the street or thoroughfare to which said signs are directed. Temporary Sign - Any sign not originally designed, constructed or intended to permanently be affixed to any building, structure or the ground. Temporary signs shall be removed by the party or parties posting or erecting them. A temporary sign is prohibited in all zoning districts throughout the City, except as may be otherwise provided for in 1.3, Exempt Signs, Permit Exemptions, of Article X, Sign Regulations. 74 Temporary Subdivision Sign - A temporary sign advertising the sale of property in an approved subdivision within the City. Wall Sign - Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one (1) advertising surface. Window Sign - Any sign, pictures, symbol or combination thereof designed to communicate information about an activity, business, commodity, product, service, event or sale that is placed inside a window or upon the window pane or glass and is visible from the exterior of the building. 1.2 General Regulations Applying to All Signs In any zoning district within the City of Gardendale, the following regulations shall apply: No sign shall be erected or maintained at any location where, by reason of its position, working, illumination, shape, symbol, color, form or character, it may obstruct, impair, obscure or interfere with the view of, or may be confused with any authorized traffic sign, signal or device or interfere with, mislead, confuse or disrupt traffic flow or traffic safety. Signs incorporating any noisy mechanical device (whistles, horns, noise makers, sirens or any other noisy audible devices) are expressly prohibited within the City. C. No sign of any type or foundation or support thereof shall be placed in a public street right-of-way. D. No sign having flashing, traveling or animated illumination shall be permitted in any zone district of the City, except for permanent signs located in commercial districts giving public service information such as, but not limited to, time, date, temperature, news or weather. E. No illuminated sign, other 74 Amended Ord No than a permanent subdivision

183 identification sign, shall be permitted within fifty feet (50') of any residential zone district of the City. 75 F. The area around all signs shall be kept clean and free of trash and all vegetation, unless such is a part of the landscaping associated with the sign. In this case, such shall be well maintained. In addition, it shall be the responsibility of the sign owner/lessor or property owner to maintain all signs in a safe and proper operating manner at all times. G. No person shall park any vehicle or trailer on a public street or public parking area for the sole purpose of advertising. H. Snipe signs shall not be permitted in any district, except as may be authorized by City Ordinance. I. No permanent free-standing/pole-mounted or ground sign of any type shall be permitted within thirty-five feet (35') of the intersection of the pavement edge lines of two (2) public roads, unless the same is mounted at a height of at least ten feet (10') from the ground level at the base of the sign and upon poles or other means of support which is adequately designed and constructed to support said sign. J. K. No sign shall occupy any portion of a parking space or aisle. All signs shall conform with the currently adopted Standard Building Code, or as may be amended, which provides a comprehensive set of construction standards for signs. These specifications include wind loads, vibration resistance, seismic loads, acceptable supports, allowable stresses and electrical wiring and components. L. Professional signs for Home Occupations, where permitted, shall not exceed three (3) square feet in area. Such sign may be either a wall-mounted sign or a ground sign. However, if such is a ground sign, it shall not be located any closer than twenty feet (20') from the street right-of- way. 1.3 Exempt Signs, Permit Exemptions Except as may be otherwise provided for elsewhere in this Ordinance, the following signs are exempt from sign permit requirements and from the provisions of this Ordinance, subject, however, to meeting all applicable regulations and codes, as well as established City Policy concerning any of these signs: Permanent or temporary signs required to be posted by law. Permanent or temporary warning signs and "No Trespassing" signs. (No snipe signs allowed.) C. Permanent or temporary signs established by, or by 75 Amended Ord No ( 1.2E deleted- remaining sections renumbered) 183 order of, any

184 government agency or official body. D. Signs indicating the location of bus stops, taxi stands and similar transportation facilities. E. Signs giving information concerning the location or use of accessory offstreet parking facilities or loading or unloading facilities. F. Permanent or temporary signs required for the control of vehicular or pedestrian traffic. G. Temporary holiday signs, banners, displays and decorations, subject to established City policy. H. Routine sign maintenance and repair, including the changing of copy on changeable copy signs. I. Decorative flags and bunting for City-wide celebrations, conventions and commemorations, when authorized by the City for a specified time period. J. One (1) construction sign per street frontage located on property where building is actually in progress under a current Building Permit. This shall be a ground sign not to exceed thirty-two (32) square feet in area, be nonilluminated, and may include the names of persons and firms performing such services or labor or supplying materials to the premises. Such sign must be removed before a Certificate of Occupancy is issued. K. Flags, banners or insignias of a governmental, religious, charitable or fraternal organization, subject to established City policy. L. Integral decorative or architectural features of buildings, except letters, trademarks or moving parts. M. Directory signs located inside the buildings they serve. N. Signs not exceeding three (3) square feet in area and bearing only property numbers, post office box numbers or names of the occupants of the premises to which the sign pertains. O. Window signs located in commercial zone districts which identify or advertise activities, services, goods or products available within the building and which collectively cover twenty percent (20%) or less of the window glass surface area. P. Temporary political campaign posters, provided that they do not create 184

185 traffic hazards as a result of poor or improper placement and further provided that they are removed within twenty-four (24) hours after the general or run-off election or political event to which they pertain by the individual or individuals posting them. Such signs shall not be illuminated in any manner whatsoever. (No snipe signs allowed.) Q. Temporary, non-illuminated signs, located in residential and agricultural districts, not to exceed four (4) square feet in sign area, pertaining to agricultural products raised on the premises. (No snipe signs allowed.) R. Temporary, non-illuminated real estate signs which are used to offer for sale, lease or rent the property upon which said signs are located. (No snipe signs allowed.) S. Fuel price informational signs in any district in which gasoline sales are permitted and signs advertising the price of motor vehicle fuel sold from a fuel dispenser located on the premises, including logos and advertising signs attached to, or painted onto, the fuel dispensers themselves. 2.0 Signs Permitted in Residential Areas The following types of signs are permitted in Residential Zone Districts of the City of Gardendale, subject to specified requirements, unless otherwise provided for elsewhere in this Ordinance. Also, see Subsection 1.2, Regulations Pertaining to Signs, and Subsection 1.3, Exempt Signs, Permit Exemptions. For detached or attached, single-family, two-family and multi-family dwelling districts, nameplates (not to exceed three (3) square feet in sign area) shall be permitted for each dwelling unit. Such nameplates shall indicate nothing more than the name and address of the premises, the occupants thereof, announcements, etc. If lighted, such nameplates may be lighted with indirect illumination only. Professional signs for Home Occupations, where permitted, shall not exceed two (2) square feet in area. Such signs may be either wall mounted or ground signs and shall not be illuminated in any manner. If such sign is ground mounted, said sign shall not be located closer than street right-of-way. C. Temporary D. Permanent twenty feet (20') from the ground signs, non-illuminated, advertising the sale of personal property shall not exceed four (4) square feet in sign area and shall not be located any closer than twenty feet (20') from the street right-of-way. Such signs shall be removed within twenty-four (24) hours after such sale by the individual(s) posting them. subdivision identification signs. Such shall be ground signs (which, if illuminated, shall utilize only indirect illumination) which may include a masonry 185

186 wall, landscaping and other similar materials or features designed and intended to form a display for neighborhood or subdivision identification. Such signs shall be limited to one (1) each at the principal entrance to the subdivision and located along the main street leading to the subdivision. Such sign shall not exceed forty-eight (48) square feet in sign area and shall not be located in such a manner so as to create a traffic safety hazard with respect to placement. In addition, such sign shall not be located closer than fifteen feet (15') from the property line. E. Temporary F. For multiple-family and group dwellings: Identification signs, not to exceed nine (9) square feet in sign area. Such signs shall indicate nothing more than the name and address of the premises and name of the management. Such signs shall be attached flush with the principal building and, if illuminated, shall be indirectly illuminated only. G Permanent church, dentification signs, H. Signs permitted in planned residential districts shall be determined during the site plan review process. ground subdivision signs which are non-illuminated. Such signs shall be limited to one (1) each at the principal entrance to the subdivision and located along the main traffic thoroughfare leading into the subdivision. Such a sign shall not exceed thirty-two (32) square feet in sign area and shall be displayed only for such time period as property remains unsold. Such signs shall be located no closer than fifteen feet (15') from the property line and shall not be used concurrently with the permanent subdivision sign referred to in (D) above. school or other public building bulletin board or including manually-operated, changeable copy signs not to exceed thirty-two (32) square feet in sign area. Such signs may be illuminated or non-illuminated and shall be located no closer than fifteen feet (15') from the property line. NOTE: Billboards, portable signs and signs containing animated, traveling or flashing lights are prohibited in all residential zone districts of the City of Gardendale. 3.0 Signs Permitted in the C-1 Neighborhood Shopping District Permanent free-standing, on-premise, pole-mounted or ground-mounted sign, limited to one (1) such sign per street frontage of a street of a lot, regardless of the number of businesses located on the lot. These may include either: 1. A permanent, on-premise, free-standing, pole-mounted sign, illuminated or non-illuminated, provided such sign shall not exceed one hundred (100) square feet in sign face area. Such sign shall not exceed a maximum height of thirty-five feet (35') from the ground level to the highest point on the sign. In addition, such signs shall have a 186

187 minimum clearance of ten feet (10') from the ground level to the lowest point on the sign and such sign shall be located no closer than fifteen feet (15') from the edge of the property line. However, notwithstanding any of the above requirements, no such sign shall at any time be located on public right-of-way. (See typical illustration of sign below.) PERMANENT FREE STANDING, POLE MOUNTED SIGN 2. A permanent, on-premise, ground sign, either illuminated or non-illuminated, which may include a masonry wall, landscaping and similar features or materials. Such sign shall not exceed forty-eight (48) square feet in sign face area and shall not exceed fifteen feet (15') in height measured from the ground level to the highest point of the sign. Such sign shall be located no closer than fifteen feet (15') from the property line. However, notwithstanding any of the above, ground signs shall at no time be placed on public right-of-way. (See typical illustration of sign below.) 187

188 TYPICAL GROUND SIGN Attached, permanent, on-premise signs, illuminated or non-illuminated. Each business shall be limited to one (1) such sign per street frontage, which may consist of the following: 1. Wall or fascia sign, either illuminated or non-illuminated. Such sign shall be limited to one (1) per street frontage, provided no other signs for such establishment are located on the same building wall. Such signs shall not extend above the roof line of the building upon which it is mounted and shall not project outward from the building more than twelve inches (12"). Wall signs may also be permitted which identify the rear entrance of the principal building, provided such sign is non-illuminated and does not exceed ten (10) square feet in sign area. (See typical illustration of sign type on following page.) 188

189 2. Projecting sign, either illuminated or non-illuminated, which is attached to the wall of the establishment it serves, provided no other signs for such establishment are located on the same building wall. Such sign shall not project outward more than thirty-six inches (36") from the face of the building upon which it is mounted and shall have a minimum clearance of ten feet (10') above the ground level or sidewalk to the lowest point on the sign. Such signs shall not project into public right-of-way nor exceed sixteen (16) square feet in sign area. (See typical illustration of sign type below.) 189

190 3. Roof sign, either illuminated or non-illuminated, limited to one (1) such sign per street frontage, per establishment. Each roof sign shall be located within selected signable area. Signable wall area for a roof sign shall not extend beyond the dimensions of a mansard, penthouse or architectural element on which the sign is located. (See definition of Signable Wall Area.) The vertical dimensions of signable wall area shall not exceed six feet (6'). The size of such signs shall not exceed forty percent (40%) of the signable wall area. (See typical illustration of sign below.) 4.0 Signs Permitted in the C-2 Community Business District and the C-3 General Business District. 190

191 Permanent, free-standing, on-premise, pole-mounted or ground signs, limited to one (1) such sign per street frontage of a lot, regardless of the number of businesses on a lot. These may include either: 1. A permanent, pole-mounted, on-premise sign, either illuminated or non-illuminated. Such sign shall not exceed one hundred and fifty (150) square feet in sign face area. Such sign shall not exceed a maximum height of forty feet (40') from the ground level to the highest point on the sign and shall maintain a minimum clearance of ten feet (10') from the ground level to the lowest point on the sign. Such sign shall not be located closer than fifteen feet (15') from the edge of the property line. However, notwithstanding any of the above, no sign shall at any time be placed on public right-of-way. (See typical illustration of sign type in Article X, 3, A, 1.) 2. A permanent, on-premise ground sign, illuminated or nonilluminated. Such sign may include a masonry wall, landscaping and other similar features or materials. Such sign shall not exceed forty-eight (48) square feet in sign face area and fifteen feet (15') in height measured from the ground level to the highest point on the sign. Such sign shall be located no closer than fifteen feet (15') from the property line. However, notwithstanding any of the above, ground signs shall at no time be placed on public right-of-way. (See typical illustration of sign type in Article X, 3, A, 2.) Attached, permanent, on premise signs, illuminated or nonilluminated. Each business shall be limited to one (1) such sign per street frontage and may consist of the following: 1. Wall or Fascia Sign, illuminated or non-illuminated. Such a sign shall be limited to one (1) per street frontage, provided no other wall signs for such establishment are located on the same building wall. Such sign(s) shall not extend above the roof line of a building upon which it is mounted and shall not project outward from the building more than twelve inches (12"). Wall signs may also be permitted which identify the rear entrance of the principal building, provided such sign is nonilluminated and does not exceed ten (10) square feet in sign area. (See typical illustration of sign type in Article X, 3, B, 1.) 2. Projecting Sign, either illuminated or non-illuminated, which is attached to the wall of the establishment it serves, provided no other signs for such establishment are located on the same building wall. Such sign(s) shall not project outward more than thirty-six inches (36") from the face of the building upon which it is mounted and shall have a minimum 191

192 clearance of ten feet (10') above the ground level or sidewalk to the lowest point on the sign. Such sign(s) shall not project into public right-of-way nor exceed sixteen (16) square feet in sign area. (See typical illustration of sign type in Article X, 3, B, 2.) 3. Roof Sign, either illuminated or non- illuminated, limited to one (1) such sign per street frontage per establishment. Each roof sign shall be located within a selected signable area. Signable wall area for a roof sign shall not extend beyond the dimensions of a mansard, penthouse or architectural element on which the sign is located. (See definition of signable Wall Area.) The vertical dimensions of signable wall area shall not exceed six feet (6'). The size of such sign(s) shall not exceed forty percent (40%) of the signable wall area. (See typical illustration of sign type in Article X, 3, B, 3.) 4. Billboards are permitted in the C-2 Community Business District and C-3 General Business District, subject to the provisions of Marquees, canopies or fixed awnings are permitted, subject to the provisions of the currently adopted Standard Building Code. 76 NOTE: Permanent, free-standing, pole-mounted signs, located in close proximity to Interstate Highway, may be allowed to exceed the size and height restrictions imposed for such signs in other areas as determined by the Zoning Board of Adjustment. 5.0 Signs Permitted in the CP Preferred Commercial (Office Building) District Permanent, free-standing, on-premise pole or groundmounted signs, limited to one (1) such sign per street frontage of a lot, regardless of the number of businesses on a lot. These may include either: 1. A permanent, on-premise, pole-mounted sign, either illuminated or non-illuminated, provided such sign shall not exceed one hundred (100) square feet in sign face area and shall not exceed a maximum of thirty feet (30') from the ground level to the highest point on the sign. In addition, such signs shall have a minimum clearance of ten feet (10') from the ground level to the lowest point on the sign and shall be located no closer than fifteen feet (15') from the property line. However, notwithstanding any of the above requirements, no such 76 Amended Ord No (#5 deleted - Remaining sections renumbered) 192

193 sign(s) shall, at any time, be located on public right-of-way. (See typical illustration of sign type in Article X, 3, A, 1.) 2. A permanent, on-premise, ground sign, either illuminated or non-illuminated, which may include a masonry wall, landscaping and similar features or materials. Such sign shall not exceed forty-eight (48) square feet in sign face area and shall be located no closer than fifteen feet (15') from the property line. However notwithstanding any of the above requirements, no ground sign(s) shall be placed on public right-of-way. (See typical illustration of sign type in Article X, 3, A, 2.) In addition to either 1 or 2 above, attached, permanent, onpremise signs, illuminated or non-illuminated. Each business shall be limited to one (1) such sign per street frontage, which would consist of either of the following: 1. Wall or Fascia Sign, either illuminated or non-illuminated. Such signs shall be limited to one (1) such sign per street frontage, provided no other signs for such establishment are located the same wall. Such sign(s) shall not extend above the roof line of the building upon which it is mounted and shall not project outward from the building upon which it is mounted more than twelve inches (12"). Wall signs may also be permitted which identify the rear entrance of the principal building, provided such sign does not exceed ten (10) square feet in sign area. (See typical illustration of sign type in Article X, 3, B, 1.) 2. Projecting Sign, either illuminated or non-illuminated, which is attached to the wall of the establishment it serves, provided no other signs for such establishment are located on the same building wall. Such sign(s) shall not project outward more than thirty-six inches (36 ) from the face of the building upon which it is mounted and shall have a minimum clearance of ten feet (10') above the ground level or sidewalk to the lowest point on the sign. Such sign(s) shall not project into public right-of-way nor exceed sixteen (16) square feet in sign area. (See typical illustration of sign type in Article X, 3, B, 2.) 3. Roof Sign, illuminated or non-illuminated, limited to one (1) such sign per street frontage per establishment. Each roof sign shall be located 193

194 within a selected signable area. Signable wall area for a roof sign shall not extend beyond the dimensions of a mansard, penthouse or architectural element on which the sign is located. (See definition of Sign Area.) The vertical dimensions of signable wall area shall not exceed six feet (6'). The size of such sign(s) shall not exceed forty percent (40%) of the signable wall area. (See typical illustration of sign type in Article X, 3, B, 3.) C. Signs in Unified Business Centers and Shopping Centers 1. There shall be an architectural harmony and unity of signs within a shopping center or unified business (office) center on a property. Sign type or color scheme, size and illumination within the site shall be coordinated and shall be compatible with the architecture of the center. 2. Either a permanent, free-standing, pole mounted or ground sign, illuminated or non-illuminated shall be permitted to identify such shopping center and, in some cases, the tenants therein. In addition, wall or fascia signs for each establishment within the center shall be permitted, with all signs subject to the height, dimensional requirements and restrictions of 5.0 numbers A, 1 and A, 2 of this Article, as well as typical illustration of sign type in 3.0, A, 1 and A, 2.) 3. Fascia Sign, either illuminated or non-illuminated. Such sign(s) shall be limited to one (1) per business located in the shopping center or unified business center with the exception of number 4 below. Otherwise, no other signs for such establishment shall be located on the same building. Such signs shall not extend above the roof line of the building upon which it is mounted and shall not project outward from the building more than twelve inches (12"). (See typical illustration of sign in 3.0, B, 1.) 4. Wall Signs may also be permitted which identify the rear entrance of the principal building, provided such sign is non-illuminated and does not exceed ten (10) square feet in sign area. (See typical illustration of sign in 3, B, 1 of this Article as well as typical illustration of sign types described in this on the following page). D. Billboards are permitted in C-2 and C-3 districts, subject to the provisions of

195 E. Marquees, canopies or fixed awnings are permitted, subject to the provisions of the currently adopted Standard Building Code Signs Permitted in the l-1 and l-2 Light and Heavy Industrial Districts The following signs are permitted in the l-1 and l-2 Industrial Districts subject to specified requirements, limited to one (1) such sign per street frontage of a lot, regardless of the number of businesses located on the lot. Unless otherwise speculated, these may include either: 1. A permanent, on premise, free standing, pole mounted sign, illuminated or non-illuminated, provided such sign shall not exceed one hundred and fifty (150) square feet in sign area and shall not exceed a maximum height of forty feet (40') from the ground level to the highest point on the sign. In addition, such sign shall have a minimum clearance of ten feet (10') from the ground level to the lowest point on the sign face. Such sign shall be located no closer than fifteen feet (15') from the property line. However, notwithstanding any of the above, requirements, no such sign shall be placed on public right-ofway. (See typical illustration of sign type in 3.0, A, 1 of this Article.) 2. A permanent, on premise ground sign, either illuminated or nonilluminated, which may include a masonry wall, landscaping and similar features or materials. Such sign shall not exceed sixty (60) square feet in sign face area and shall be located no closer than fifteen feet (15') from the property line. However, notwithstanding any of the above requirements, no such sign shall be placed on public right-of-way at any time. (See typical illustration of sign type in 3.0, A, 2 of this Article.) 3. In addition to 1 and 2 above, Wall or Fascia Signs are permitted, one (1) per establishment. No other signs for such establishment shall be located on the same building with the exception of number 5 below. Such sign(s) shall not extend above the roof line of the building upon which it is mounted and shall not project outward from the building more than twelve inches (12"). ( See typical illustration of sign type in 3.0, B, 1 of this Article.) 4. Wall Signs may also be permitted which identify the rear entrance of the principal building, provided such a sign is non-illuminated and does not exceed ten (10) square feet in sign area. 77 Amended Ord No ( E deleted - Remaining sections renumbered) 195

196 5. Billboards are permitted in the l-1 and l-2 Industrial Districts, subject to the provisions of Marquees, canopies or fixed awnings are permitted, subject to the provisions of the Standard Building Code, as same may be amended Signs Permitted in Unified Business Centers (Industrial Parks) 1. There shall be an architectural harmony and unity of signs within a Unified Business Center (Industrial Park) on a property. Sign type, size and method of Illumination within the site shall be coordinated. 2. Those signs permitted in the l-1 and l-2 Industrial Districts listed in 6.0, subject to the same requirements. 8.0 Signs Permitted in the A-1 Agriculture District The following types of signs are permitted in the Agricultural District: 1. Those signs permitted in the Residential Districts in Signs customarily associated with uses permitted in the Agricultural District. 9.0 Portable/Temporary Sign Regulations 79 Portable/temporary signs are prohibited in all zoning districts throughout the City, except as may be otherwise provided for in 1.3, Exempt Signs, Permit Exemptions, of Article X, Sign Regulations Billboard Regulations Billboards, where permitted, shall comply with the following regulations. 78 Amended Ord No (#6 deleted - Remaining sections renumbered) 79 Amended Ord No

197 No billboard shall be permitted on any lot which has two (2) or more on-premise signs pertaining to an establishment or establishments located on the same lot. No billboard shall be erected closer than one hundred feet (100') from any residential zone district of the City. C. Any illumination of a billboard shall be of an indirect type and the beam of light shall be directed toward the sign face and away from adjacent areas and thoroughfares. D. No flashing, traveling, animated or intermittent illumination of billboards shall be permitted. E. No portion of any billboard shall project over or be located on public right-ofway. F. Where permitted, no billboard shall be erected closer to another billboard or offpremise sign than the following prescribed distances: G. 1. Interstate Highway - One thousand feet (1,000') between sign structures located on the same side of the thoroughfare. 2. Federal Aid Urban - Five hundred feet (500') between sign structures located on the same side of the highway. 3. All Other Streets - Seven hundred and fifty feet (750') between signs located on the same side of the street. No billboard shall exceed the following specified size and height requirements for specific types of streets, highways or thoroughfares: 1. Interstate Highways - The maximum sign area shall not exceed eight hundred (800) square feet (including embellishments), nor twentyfive feet (25') in height for an elevated grade nor forty feet (40') in all other locations. 2. Federal-Aid-Urban - The maximum sign area shall not be more than four hundred (400) square feet (including embellishments) nor exceed twenty-five feet (25') in height an elevated grade nor thirty feet (30') in all other locations. 3. All Other Streets - The maximum sign area shall not be more than three hundred (300) square feet in area (including embellishments), nor exceed twenty-five feet (25') in height for an elevated grade nor thirty feet (30') in all other locations. 4. Setbacks - The setback of such signs shall be twenty feet (20') from 197

198 any front lot line and fifteen feet (15') from any side or rear property line Construction and Maintenance of Signs All signs shall conform with the following construction and maintenance requirements and regulations: All signs shall conform with City Building and technical 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 and components. All signs and all components thereof, including structural supports, shall be kept in a state of good repair. C. The area surrounding the base of any freestanding sign shall be kept clean of all trash, debris and undergrowth. D. 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-ofway (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 City regulations Required Permits, Fees and Inspections Permits Required 1. Except where this article explicitly exempts a sign, all signs erected shall require a sign permit issued by the Building Inspector. 2. Whether a sign is exempt or not, an electrical permit shall be required for all illuminated signs. 3. All outdoor advertising signs to be located within six hundred and sixty feet (660') of the nearest edge of the right-of-way of a highway on the Interstate or Federal-Aid Primary Highway System shall file an application for a permit with the State of Alabama Highway Department as required by the Highway Beautification Act - Outdoor Advertising Issuance Denial When a permit is denied by the Building Inspector, he shall give written notice to the proper applicant of the denial with a written statement of the reason or reasons for such denial. A copy of said statement shall be made as an attachment to the permit application Appeals of Permit Denial 198

199 Appeal may be taken to the Zoning Board of Adjustment upon denial by the Building Inspector to issue a building permit Permit Fees Application for permits shall be filed with the Building Inspector, together with a permit fee, as specified by the Building Inspector, for each sign in accordance with this Ordinance. Building Permit fees for signs shall be determined by the City in the same manner as other building permits issued by the City Inspection of Signs The person erecting, altering, relocating, enlarging or converting any sign shall notify the Building Inspector upon completion of the work for which permits are required and issued. (See Subsection 1.3, Exempt Signs, Permit Exemptions.) 13.4 Unlawful Signs Every sign in the City of Gardendale shall be maintained in good structural condition at all times. The Building Inspector may inspect and shall have the authority to order the painting, repair, alteration, movement or removal of signs which become dilapidated or abandoned or which constitute a physical hazard to public safety. Any repair, painting, alteration, relocation or removal shall be at the sign owner's expense. (See Subsection 13.5.) 13.5 Confiscation of Signs Located in Public Right-of-Way Any sign installed or placed on public right-of-way, except in conformance with the requirements of this Ordinance, shall be forfeited to the public and subject to confiscation. In addition to other remedies provided for under this Article, the City shall have the right to recover from the owner or person placing the sign the full costs of removal and disposal. 199

200 13.6 Abandoned Signs Except as may otherwise be provided for in this Article, any sign that is located on property which becomes vacant and is unoccupied for a time period of four (4) months or more or any sign which pertains to a time, event, or purpose which no longer applies shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of nine (9) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises Notification All notices mailed by the Building Inspector shall be sent by certified mail. Any time periods provided in this shall be deemed to commence on the date of the receipt of the certified mail. The notice shall be mailed to the owner of the property on which the sign is located as shown on the latest available tax maps, as well as the occupant which the sign serves. Any person or persons having an interest in the sign or the property may appeal the determination of the Building Inspector ordering removal or measures necessary to bring the sign into compliance with the provisions of the Ordinance by filing a written notice of appeal with the Gardendale Zoning Board of Adjustment within thirty (30) days after the date of the mailing of the notice Removal of Signs The Building Inspector shall cause to be removed any sign that endangers the public safety, such as abandoned, dangerous or materially, electrically or structurally defective signs or a sign for which no permit has been issued. The Building Inspector shall prepare a notice which shall describe in detail the nature of the violation or violations involved and which shall state that, if the sign is not removed or the violation is not corrected within thirty (30) days, this sign shall be removed in accordance with the provisions of this Ordinance. However, the following shall apply to signs placed in public rights-of-way: Any sign installed or placed on a public right-of-way, except in conformance with the requirements of this Ordinance, shall be forfeited to the public and subject to confiscation. In addition to other remedies provided under this Article, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal as described in Subsection

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203 ARTICLE XI LEGAL STATUS PROVISIONS 1.0 Minimum Requirements In their interpretation and application the provisions of this Ordinance shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, conveniences, order, prosperity and general welfare of the City. Where other Ordinances or regulations which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory, this Ordinance shall not lower the restriction of plats, deeds or private contracts, if such are greater than the provisions of this Ordinance. 2.0 City Not Subject to Ordinance Any provision of this Ordinance to the contrary notwithstanding, the City, in exercising any government function, power or authority, shall not be subject to the provisions of this Ordinance or in any way limited thereby in the exercise of such governmental function, power or authority. 3.0 Savings Clause If any section, clause, provision, or position of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in and of itself invalid or unconstitutional. 4.0 Effective Date This Ordinance shall take effect and be in force from and after its passage and adoption. Duly adopted by the City Council this, the 6th day of October Honorable Kenneth Clemons, Mayor City of Gardendale, Alabama ATTEST: Euel Fountain, City Clerk City of Gardendale 20, 1997