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(SECOND READING) AN ORDINANCE AMENDING THE CITY OF FOLEY ZONING ORDINANCE
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WHEREAS, the City of Foley, Alabama, adopted Ordinance No. 387-87 on June 15, 1987, ordaining a new Zoning Ordinance and Zoning Map for the City of Foley which has subsequently been amended, and
WHEREAS, the City of Foley Planning Commission has recommended changes within the current Zoning Ordinance, and the City Council of the City of Foley deems it necessary, for the purpose of promoting the health, safety, morals and general welfare of the City to amend said Ordinance, and
WHEREAS, all requirements to the laws of the State of Alabama, with regard to the preparation of the report of the Foley Planning Commission and subsequent action of the City Council have been met,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA while in regular session accepted the following changes:
2.1 - Definitions
Planning Director: Such person or persons designated to be responsible for the administration and enforcement of certain provisions of this Ordinance. The Planning Director Designees may include, but are not limited to, the Planning and Zoning Coordinator, Code Enforcement Officer, and other Planning Department staff. (Formerly known as Community Development Director.)
Zoning Administrator: See Planning Director
3.5 INTERPRETATION OF DISTRICT BOUNDARIES AND ZONING ORDINANCE
The Planning Director or his/her designee shall make an interpretation of the Zoning Map or this Ordinance upon request of any person. Where uncertainty exists as to the boundaries of any district shown on the Zoning Map the following rules shall apply:
3.5.D
In case any further uncertainty exists, the Planning Director shall have the discretion to determine and interpret the Zoning Map. The Planning Director shall have the discretion to determine and interpret the provisions, scope, purpose and intent of this Zoning Ordinance and to make decisions based on their interpretation of the same.
4.1 GENERAL ADMINISTRATION
The provisions of this Ordinance shall be administered and enforced by the Planning Director of the City, or his/her designees.
4.2.1 REVIEW OF BUILDING PERMIT APPLICATIONS
It shall be unlawful for the Planning Director of the City to approve any plans or the Building Official to issue a building permit for any construction until he/she has inspected such plans in detail and found them to be in conformity with this Ordinance. Said plan shall include the following, as required:
4.2.3 DENIAL OF BUILDING PERMIT APPLICATIONS
If a building permit applicant is denied a permit based on the Planning Director’s interpretation or enforcement of this Ordinance, as opposed to the other codes of the City of Foley, then the applicant may appeal to the Zoning Board of Adjustment and Appeals pursuant to the rules and procedures of this Ordinance, state and local laws, and regulations of the Zoning Board of Adjustment and Appeals.
4.4.1 ENFORCEMENT ZONING ENFORCEMENT AND APPEALS
Whenever a violation of these ordinances is identified or is alleged to have occurred an application to the Board of Adjustment and Appeals may be considered if it meets the criteria for a variance.
Whenever the Planning Director or his/her designee has knowledge of a violation or an alleged violation, a thorough investigation may be initiated. After such investigation, and upon the finding of a violation, the violation procedures contained in this Article shall be initiated.
Violation of the provisions of these ordinances, including violation of conditions and safeguards established in connection with a grant of a variance, site plan approval or appeal, shall be addressed and punishable in accordance with sections contained herein.
In the event that any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or in the event that any building, structure, or land is used in violation of these ordinances, the Planning Director may institute or cause the institution of any appropriate action or proceeding to:
4.4.3 NOTICE OF VIOLATION
The Planning Director or his/her designee shall issue a written notice of violation upon receipt of a complaint or knowledge of violation, to all persons in violation. The Notice of Violation may be served by certified mail, return receipt requested, or pursuant to Alabama Rules of Civil Procedure. The Notice of Violation shall allow thirty (30) days to correct or abate such violation.
The Notice of Violation (”Notice”) shall clearly identify the property and particular alleged violation involved, the action necessary to correct it, the time permitted for such correction, and penalties for failure to comply. The Notice shall include but not be limited to:
a. A description of the location of the property involved, either by street address or by legal description.
b. A statement indicating the nature of the violation.
c. A statement showing the time within which all necessary remedial action must be accomplished, which time may not be less than 10 days nor more than 90 days from the date of such written Notice.
d. The name of the person(s) upon whom the Notice of Violation is served.
e. A statement advising that upon the failure to comply with requirements of the Notice, such enforcement procedure as may be required under these zoning ordinances shall be taken.
The Planning Director may shorten or eliminate the time period to correct a violation if he/she determines that the alleged violation presents an imminent and serious threat to the public health, safety, or welfare, or the violation is irreparable or irreversible. The Notice of Violation shall, in such case, state that an immanent and serious threat to public health, safety, or welfare exists or the violation is irreparable or irreversible, along with the allowed time period for correction if any.
When the Planning Director or his/her designee determines that the violation has not been corrected or abated by end of the prescribed time period, he/she shall issue a written notice forwarding the matter to the Foley Municipal Court for further action.
Upon the submission by the violator of evidence of compliance deemed adequate by the Planning Director, the Director may deem the violation to be resolved and compliance achieved.
When, after issuance of a Notice of Violation but prior to commencement of any judicial proceedings, the Planning Director determines that the person in violation is making a diligent effort to comply with the requirements of the Notice, the Planning Director may issue a written stay of further enforcement actions pending full compliance. The stay shall list the diligent efforts to comply and should be provided to the violator(s). No enforcement actions shall be stayed longer than ninety (90) days.
When any Notice of Violation is issued to any person for substantially the same violation for which a previous Notice of Violation has been issued to such person, no period shall be allowed for correction or abatement of the violation. Rather, in such event, the Planning Director shall immediately cause the matter to be forwarded to the Foley Municipal Court for further action.
Any person(s) violating any of the provisions herein shall be fined not more than $150.00 for each separate violation, plus all costs of court, with each day such violation continues constituting a separate violation (see 4.2, above). The fines provided for herein shall commence and accrue upon receipt of the Notice of Violation or the expiration of the allowed period for correction, whichever is later. Said fines shall continue to accrue until paid, but shall not accrue on days during which the violation is properly on appeal.
When a violation results from a person’s failure to obtain a permit or approval required by this Ordinance, and the person subsequently submits an application for the required permit, the Planning Director may waive the daily fee and shall instead require double the normally required permit application fee as a reduced fine.
4.4.4 ADDITIONAL PENALTIES
The Planning Director may issue, or cause to be issued, a Stop Work Order on a premises, lot or parcel that is in alleged violation of any provision of these ordinances, or is being maintained in a dangerous or unsafe manner. A Stop Work Order may be issued in place of or in conjunction with any other actions and procedures identified in these ordinances. Such Order shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state conditions under which work may be resumed. Upon receipt of a Stop Work Order, all work associated with the violation shall immediately cease. Any person who continues to work shall be in violation of these ordinances and subject to penalties and remedies contained herein. The Stop Work Order may be appealed to the respective Zoning Board of Adjustment for which the activity is located.
The Planning Director may issue, or cause to be issued, a Cease and Abate Order to any person(s) maintaining any condition, or engaged in any activity or operation, which violates these ordinances. Such Order shall be in writing and shall be given to the owner of the property, or to the person maintaining such condition or engaged in such activity and operation. Upon receipt of a Cease and Abate Order, all conditions, activities and operations associated with the violation shall immediately cease and be abated. Any person who continues or fails to abate such condition, activity or operation shall be subject to penalties and remedies contained herein.
The Planning Director may revoke, or cause the revocation of, permits or approvals in those cases where an administrative determination has been duly made that false statements or misrepresentations of material fact(s) were made in the application or plans upon which the permit or approval was based.
4.4.5 APPEALS
Any person(s) aggrieved by a decision of the Planning Director or his or her designee in regards to zoning enforcement may file an appeal, made on forms provided by the City, to the respective Zoning Board of Adjustment and Appeals where the alleged violation has occurred. An appeal must be filed within fifteen (15) days of the date of the Notice of Violation. An appeal is deemed filed once submitted to the Planning and Zoning Department. See also Section 26.3.1.
5.2 REZONING BY PETITION OF PROPERTY OWNER
When a property owner petitions to have his property rezoned, the following procedure shall be followed:
A. By noon, a minimum of fifteen (15) working days prior to a regularly scheduled Planning Commission meeting, the applicant shall submit to the Planning Director or his/her designee:
1. The required fee as established by the City Council which is intended to help defray the cost of processing, administering, and advertising the application.
2. A map, drawn to scale, indicating:
a. The actual shape of the parcel(s) and legal description of property; and
b. Completed application form.
3. A list of the names and mailing addresses of all property owners whose property abuts and shares a substantial common boundary with the land sought to be rezoned. This includes land which is contiguous to the land sought to be rezoned but is separated from it by a road, right-of-way, or by water.
4. The Planning Director shall review the application for completeness and conformance to the requirements of this section. If the application is incomplete, inaccurate, or untimely, as determined by the Planning Director, the applicant shall be notified of the deficiency. If the deficiency cannot or is not cured in time to properly advertise notice prior to the next Planning Commission meeting, the application will not be advertised or presented to the Planning Commission.
B. Prior to the Planning Commission meeting at which the rezoning is to be initially considered, the Planning Director shall notify all adjacent property owners and the applicant of the requested rezoning by sending notice via certified mail. The Planning Director shall also publish notice of the requested rezoning in a newspaper of general circulation in the City of Foley twice prior to the Planning Commission meeting. Both notices shall include:
6.2.3 ABANDONMENT
A legal non-conforming use which has been abandoned shall not be reestablished, and any future use shall be in conformity with the provisions of this Ordinance. Whether a use has been abandoned will be determined by the Planning Director. Abandonment will be found when there is an actual discontinuance of a use coupled with an apparent intent to discontinue a use. Any discontinuance of a use for a continuous period of one year or longer shall be presumed to be abandoned. A legal non-conforming use shall not be changed to another non-conforming use. A legal non-conforming use which is changed or abandoned shall not be permitted to be reestablished.
6.6 ANNEXED PROPERTY
At the inception of any efforts to annex property into the corporate limits of the City of Foley, notice of such annexation should be communicated to the Planning Director. The Planning Director should take such steps as he/she deems necessary or prudent to recommend to the Planning Commission an initial zoning classification for the area which may be annexed. The Planning Commission’s consideration and public hearings on the initial zoning classification may run concurrently with the annexation procedure so that the Planning Commission’s zoning recommendation can be made to the City Council as timely as possible. No property may be subdivided by the Planning Commission until it has been zoned.
6.8 ORIENTATION AND DESIGN STANDARDS FOR AUTOMOBILE REPAIR GARAGES AND SIMILAR USES
A. Applicability
The following standards shall apply to all new construction, substantial renovations or requiring a site plan review, and expansions of buildings used for:
1. Minor and Major Automobile Repair
2. Vehicle Service and Maintenance Facilities
3. Tire and Brake Shops
4. Auto Body and Paint Shops
5. Similar automotive-related uses as determined by the Planning Director
7.1.2 APPLICATION REQUIREMENTS
Applicants for a new or modified wireless telecommunications facility must apply for a plan review by the Planning Department in addition to other required land disturbance permits, building permits, and other required approvals. Applicants proposing to erect new wireless telecommunication towers must also submit the following information as part of the review and permit process:
A. Photo-simulations of the proposed wireless telecommunication tower taken from the property lines on at least four sides of the proposed tower and the nearest public right-of-way, plus whatever additional photo-simulations taken from additional or different angles, locations, or heights as requested by the Planning Department;
10.1.4.C
For any use not specifically mentioned in this Section, the requirements for off-street loading for a use which is mentioned, and to which the unmentioned use is similar, shall apply, in the determination of the Planning Director.
11.1 SITE PLAN REVIEW
A zoning site plan review is a procedure designed to assist a developer in interpreting the Zoning Ordinance so that proposed developments will stand a better chance of not violating this Ordinance. Ultimate responsibility for compliance with this Ordinance rests with the land owner, developer, tenant, or person who is responsible for the building, structure, lot or use.
A zoning site plan review shall be required to be made in all cases on new construction, remodeling or refurbishing of existing structures, demolition and rebuilding on existing lots, and the change of occupancy or use of any structure, regardless of the district.
A conceptual review may be performed with the Planning Director, and/or other City Staff during the planning stages of a project, but this will not be considered a formal review. Formal reviews will only be made on submitted, finalized plans.
Site plan approval by the Planning Commission is required for each phase of a Planned Development. Site plans are also required to be submitted to the Planning Commission for input in cases where the proposed development meets the following criteria. A site plan approval will be valid for 12 months but will expire after this date if no building permits have been obtained. The Planning Commission may extend the site plan approval if it is determined there is an extenuating circumstance.
A. Duplexes
B. Commercial developments where the total area exceeds three (3) gross acres.
C. Commercial developments where the total structure area exceeds fifty thousand (50,000) square feet.
D. Places of amusement over three (3) acres.
The Planning Director and/or other City Staff will review the site plan and advise the applicant of changes that must be made in the plans so as to comply with the Zoning Ordinance. Such changes shall be accomplished prior to the issuance of a building permit. Site plan review is a service to the applicant that is performed by municipal employees and officers in their official capacities. The failure of the reviewing officials to recognize or notice a violation or the incorrect interpretation of the reviewing officials at the site plan review stage shall not prevent or prohibit the City of Foley and these same officials from enforcing the Zoning Ordinance against an applicant if a structure, lot, or use of land conflicts with this Ordinance.
17.2 PRE-APPLICATION CONFERENCE
To expedite the review of a RV Park, coordinate its local review in respect to the provisions of this Ordinance with necessary county, state and federal agency reviews, and to inform the City of an RV Park in the preparation, a Pre-Application Plan Review shall be processed as required by this ordinance and in accordance with the procedures established by the Planning Department. The pre-application review will serve several purposes and focus on the following items:
17.3.A
A rezoning application for a development plan for a planned unit development shall be filed by or on behalf of the landowner with the Planning Department. The purpose of the development plan is to provide the City with information in respect to the type, character, scale and intensity of development as well as the time phasing of the proposed RV Park in order for the City to evaluate the impact of the development upon the City. Once the RV Park master plan has been approved, each phase must be approved by staff and the Planning Commission prior to any permits being issued.
19.2.1.C
Submission: A rezoning application for a development plan of a PID shall be filed with the Planning Department. The purpose of the development plan is to provide the City with information in respect to the type, character, scale and intensity of development. The following information shall be submitted with the application:
21.3.3 PRE-APPLICATION CONFERENCE
To expedite the review of a planned unit development, coordinate its local review in respect to the provisions of this Ordinance with necessary county, state and federal agency reviews, and to inform the City of a planned unit development in the preparation, a Pre-Application Plan Review shall be processed as required by this ordinance and in accordance with the procedures established by the Planning Department. The pre-application review will serve several purposes and focus on the following items:
21.3.4.A
A zoning application for a development plan for a planned unit development shall be filed by or on behalf of the landowner with the Planning Director. The purpose of the development plan is to provide the City with information in respect to the type, character, scale and intensity of development as well as the time phasing of the proposed planned unit development in order for the City to evaluate the impact of the development upon the City. Once the PUD master plan has been approved, each phase must be approved by staff and the Planning Commission prior to any permits being issued.
21.4.5 REVIEW PROCEDURE
An application for a development plan of a planned unit development shall be filed with the Planning Director. Upon receipt of said application, the Planning Director shall review said application to determine its appropriateness and completeness and accept or reject the application. Upon acceptance of the application, the City's administrative staff shall review said application and submit the application, together with all supporting documentation and their recommendations thereof to the Planning Commission. The Planning Commission shall report on recommendations to the City Council. Once the property has been zoned PUD, and the final plan has been completed, if any changes, a site plan must be submitted to the Planning Director. The final plan must include at a minimum the site plan contents listed in the City of Foley Zoning Ordinance, Section 11.1.1.
22.1 GENERAL PROVISIONS
A. PERMITS REQUIRED - Except as otherwise provided in this Ordinance, it shall be unlawful for any person to erect, construct, enlarge, move, alter or convert any sign in the City or cause the same to be done, without first obtaining a Building Permit for each sign from the Planning Department.
22.1.A.2
DENIAL OF PERMIT - When a permit is denied by the Planning Director, notice shall be given to the proper applicant with a written statement of the reason or reasons for the denial. Said statement shall be made as an attachment to the permit application.
22.1.A.3
APPEAL OF PERMIT DENIAL - If the denial is based on the interpretation or enforcement of the Zoning Ordinance, any aggrieved party may appeal the decision or interpretation of the Planning Director to the Zoning Board of Adjustment and Appeals.
22.1.B
MAINTENANCE / UNSAFE SIGNS - Every sign in the City shall be maintained in good structural condition. The Planning Director may inspect and shall have the authority to order the painting, repair, alteration or removal of signs which become dilapidated or abandoned or which constitute a physical hazard to public safety. Any repair, painting, alteration, or removal will be at the sign owner's expense.
22.1.E.3.c
The calculation of sign area shall not include any supporting framework, bracing, or decorative fence or wall unless such structural support is determined to constitute an integral part of the sign design by means of text or other commercial message, as determined by the Planning Director.
23.3.4
Planning Director: The Planning Director appointed by the City of Foley and his/her designee. Such person responsible for the administration and enforcement of certain provisions of this Ordinance. The Planning Director may be the same or different person as the Planner, Planning & Zoning Coordinator or any other designee.
23.6.B.3
Rebuilt, reestablished or repaired after the sign face and/or structural support is damaged or destroyed by more than 50% as determined by the Planning Director.
23.9 APPEALS AND VARIANCES
Any person, corporation or entity aggrieved by the decision or ruling of the Planning Director shall have a right to appeal such decision or ruling to the Board of Adjustment and Appeals pursuant to Article XXV of the Foley Zoning Ordinance. Any person, corporation or entity seeking a variance from the regulations contained in this Article may seek a variance from the Board of Adjustment and Appeals pursuant to Article XXV of the Foley Zoning Ordinance.
23.12.A
The owner of the billboards must first apply for and receive a Billboard Conversion Permit from the Planning Department which is both a building permit for the to-be-converted billboard and a demolition permit for the to-be-removed billboards;
23.12.K.2
Located on the same road as the proposed digital billboard (unless the owner and the Planning Director agree otherwise to facilitate the removal of billboards on a National Scenic Byway, a residential area, a historic district area, or other such locations where billboards are deemed more out of character).
23.13.A
The owner of the billboard double stacked sign must first apply for and receive a Double Stacked Billboard Conversion Permit from the Planning Department which is both a building permit for the to-be-converted billboard sign faces and a demolition permit for the to-be-removed billboard or billboard sign face;
26.3 POWERS AND DUTIES OF THE BOARD
A. Appeals to the Board of Adjustment
In exercising its authority, the Zoning Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as the Board deems proper and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the Zoning Board of Adjustment and Appeals shall be necessary to reverse, affirm or modify any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to act. For purposes of this section, an appeal shall be filed with the board of adjustment at the Zoning Board of Adjustment and Appeals at the Planning and Development Services Department in Foley, Alabama, or by and shall be deemed filed when received regardless of the method of delivery.
Any party aggrieved by a final judgment or decision of a board of adjustment may within 15 days thereafter, appeal there from to the Circuit Court of Baldwin County, Alabama, by filing with the circuit court and the board of adjustment a written notice of appeal specifying the judgment or decision from which the appeal is taken and specifying in sufficient detail the grounds for appeal so that the non-appealing party may reasonably frame a responsive pleading.
1. Administrative Decision
An Administrative Decision refers to any written order, requirement, decision, or determination made by the Planning Director in the enforcement of the zoning ordinance. This includes but is not limited to decisions regarding building permits, site plan approvals, zoning interpretations, and other zoning‐related matters.
2. Filing of Appeal
To initiate an appeal, the appellant must submit a written notice of appeal to the Board of Adjustment. The notice must specify the grounds of the appeal, citing any errors or issues with the application of the zoning ordinance.
3. Transmission of Record
Upon receipt of the notice of appeal, the Planning Director must promptly forward all records, documents, and papers constituting the basis for the decision to the Board of Adjustment in accordance with meeting schedules. This ensures the Board has the necessary materials to review the case.
4. Stay of Proceedings
Filing an appeal automatically stays all proceedings related to the decision under appeal. However, if the Planning Director certifies that continuing the stay would cause imminent peril to life or property, the stay may be lifted.
5. Hearing and Decision
The Board of Adjustment shall fix a reasonable time for the hearing in accordance with standard meeting schedule, provide public notice, and notify all interested parties. During the hearing:
a. Burden of Proof The burden of proof rests with the appellant, who must demonstrate that the decision of the Planning Director was in error or inconsistent with the provisions of the zoning ordinance. To successfully appeal, the aggrieved party must establish that the decision involved one or more of the following errors:
i. Misapplication of Ordinance Provisions - The appellant must show that the Planning Director incorrectly applied specific terms or provisions of the ordinance. This may include, but is not limited to, errors in the classification or designation of land uses, dimensional standards, or procedural requirements.
ii. Improper Interpretation - The appellant must demonstrate that the Planning Director misinterpreted the language, intent, or purpose of the ordinance, leading to a decision that conflicts with the goals, objectives, or legal standards established within the ordinance.
b. Substantial Evidence and Testimony
The Board’s decision must be based on substantial evidence presented during the hearing. The appellant is responsible for providing credible testimony, documentation, or expert evidence to support their claim. The Board is also required to consider all relevant evidence and testimony provided by other parties or public participants during the hearing.
c. Decision
The Board of Adjustment must issue a written decision within a reasonable time after the hearing. This decision must include clear factual findings and conclusions that demonstrate how the evidence presented supports or does not support the appeal. The Board has the authority to affirm, reverse, or modify the decision of the Planning Director, ensuring that the outcome is fair, consistent with the zoning ordinance, and based on the evidence provided.
26.3.1 APPEALS
In exercising its authority, the Zoning Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as the Board deems proper and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the Zoning Board of Adjustment and Appeals shall be necessary to reverse, affirm or modify any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to act. For purposes of this section, an appeal shall be filed with the board of adjustment at the Zoning Board of Adjustment and Appeals at the Planning and Development Services Department in Foley, Alabama, or by and shall be deemed filed when received regardless of the method of delivery.
26.5 DUTIES OF THE BOARD OF ADJUSTMENT AND APPEALS, CITY GOVERNMENT AND COURTS ON MATTERS OF APPEAL
It is the intent of the governing authority of the City that all questions of interpretation and enforcement of this Ordinance shall be presented first to the Building Official or Planning Director. Other than those applications and matters upon which the terms and provisions of this Ordinance may require action and decision by the Board, only the appeals taken in the manner and form as provided in this Ordinance from the actions and decision of the Building Official or Planning Director will be considered and acted upon by the Board. However, any interested party who is aggrieved by any action or decision of the Board may take an appeal there from to a Circuit court of law, as provided for in the State Law.
6.1.2.E PROHIBITIONS
E. Every building hereafter erected or altered shall be located on a lot as herein defined. Only one (1) principal building and its customary accessory building may be erected on any lot in any R-1R, R-1A, R-1B, R-1C, R-1D, R-2, R4, GPH-1, and MH-1. Accessory Dwelling Units must meet zoning, building, fire and other regulations & obtain all required permits.
8.1.2 RESIDENTIAL ACCESSORY STRUCTURES
C. Neither residential swimming pools nor fences/walls shall be counted toward the limit of two accessory structures per residential lot, but they must still be appropriately permitted and meet the following requirements:
a. For pools, water’s edge must be at least ten (10) feet from property lines and ten (10) feet from any other structure on the lot, with the exception of its own pump system or any fence/wall used solely to secure the pool area. Check with the Building Department for additional permitting requirements from the Building Code.
b. See section 8.2 and Exhibit D for guidance on fence/wall heights, locations, and allowed styles.
D. Horizontal only structures, such as concrete or paver sidewalks and patios, do not count as accessory structures or require a permit as long as there is no associated vertical component such as a pergola or permanently attached cover of any kind.
8.2 FENCES AND WALLS
Subdivision privacy wood / vinyl fences built by developers must be finished side facing external right-of-ways or a shadow box design. Chain link fences with fabric mesh or plastic, metal, or wooden slats shall not be permitted.
9.3 FENCES AND WALLS
Privacy wood / vinyl fences must be built finished side out, facing public right-of-ways or parking areas. Decorative metal and chain link fences are also allowed in commercial areas, but fabric mesh, plastic, metal, or wooden slats shall not be permitted. Stock type fencing (hog wire, chicken wire, goat wire, livestock & similar), tin / metal panels and razor wire are prohibited in all commercial zones. See Exhibit D for Examples. Barbed Wire, Razor Wire, or Stock Type Fencing may be allowed in M-1 Industrial Zoning when approved by Special Exception from the Board of Adjustment and Appeals, or in a PID if included in the Master Plan approved by Planning Commission.
10.1 PARKING REQUIREMENTS
D. Parking Schedule
Where calculations provide a partial space, the parking count shall be rounded up to the closest whole number.
1. One, two, and multi-family dwellings; manufactured housing park - 2 spaces for each dwelling unit.
2. Hotels, motels, and tourist homes - 1.1 spaces for each guest bedroom.
3. Churches, auditoriums, stadiums, ball fields, civic centers and similar uses - 1 parking space for each 4 seats.
4. Schools - Elementary or middle school - 2.5 spaces per classroom. High school - 7 spaces per classroom.
5. Hospitals, nursing homes, homes for aged and similar uses - 1 space for each 4 beds.
6. Industrial / Manufacturing - 1 space for each 500 sq ft of gross floor area (except PID for which parking is specified in section 19.2.D)
7. Warehouses - 1 space for each 3,000 sq. ft. of gross floor area.
8. Self Storage / Open Storage Facilities - 2 for office + 1 space per 25 storage cubicles/spaces.
9. Restaurants - 1 space for each 4 seats.
10. Accessory Dwelling Units - 1 space for each unit.
11. Any use not specified by this ordinance shall require 1 parking space for each 400 sq. ft. of gross floor area in the building.
10.1.2 Off Street Parking Areas of Six (6) or more spaces
In order to create shade, reduce heat, define circulation, and visually soften large paved areas the following items are required for parking lots within the city. Framing primary drive entrances and site access points with landscaping helps to reinforce gateway visibility, protect pedestrians, and soften turning movements at key entries.
A. One tree shall be planted for every two thousand (2,000) square feet of the total site’s impervious area including parking areas and building areas for all development with the exception of a retail car lot. For a retail car lot development, one tree shall be planted for every seventy five hundred (7,500) square feet of impervious surface area.
B. At least fifteen percent (15%) of the total interior area intended for off-street parking shall be suitably landscaped within the perimeter of the parking area. Such landscaping shall be protected from vehicular encroachment by the use of curbing.
C. Interior portions of the parking area at intervals of ten (10) parking spaces shall be broken by provision of 9 ft x 18 ft landscaped islands. Such landscape islands shall include the placement of one (1) shade or flowering trees at least three (3) inches or greater in caliper and ten (10) feet in height at planting.
D. Terminal ends of all parking rows shall include landscaping with one (1) shade tree.
E. Parking lot perimeters adjacent to public streets should include a five (5) foot perimeter landscape strip with one (1) canopy tree every 40 feet and continuous evergreen shrub massing at 30-36 inches tall to soften the edges.
F. Cross-visibility at the intersection of any combination of streets, alleys or driveways, landscaping shall be so planted and maintained as to provide unobstructed visibility between the heights of two and one-half (2 ½) feet and fifteen (15) feet within an area defined by projecting lines parallel to and twenty five (25) feet from the point of intersection of curb lines projected.
19.1 M1 - LIGHT INDUSTRIAL DISTRICT
B. Uses / Structures Permitted on Appeal: Any other industrial uses not specifically prohibited; self-storage warehouses and towing company storage yards.
C. Uses / Structures Prohibited: Any use or structure not specifically permitted or permitted on appeal in this section or in Section 13.1.1 or 13.1.2 of Article XIII, including any residential use or structure, except that of a watch-man or caretaker; Class 1, 2, 3 & 4 clubs or lodges, poultry and livestock; churches, daycares, K-12 schools, hospitals, nursing homes, assisted living facilities, institutions, communal/group homes; recreational facilities; storage of junk or wrecked automobiles other than for re-pair or service, explosive products manufacture, garbage disposal plants or sanitary landfills; or borrow pits.
19.2.A.2 PID - PLANNED INDUSTRIAL DISTRICT
2. Uses Prohibited: Junkyards, including wrecker yards; explosive products manufacturing; garbage disposal plants; sanitary landfills; asphalt and concrete plants, class 1, 2, 3 & 4 clubs and lodges; churches, daycares, K-12 schools, hospitals, nursing homes, assisted living facilities, institutions, communal/group homes; recreational facilities;; borrow pits and other uses that are detrimental to the health, safety, morals and general welfare of the community and the area.
This Ordinance shall become effective immediately upon its adoption as required by law.