PH Agenda Packet 2019-09-03
PUBLIC HEARING AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, SEPTEMBER 3, 2019
6:00 P.M.
ROLL CALL:
CALL TO ORDER:
1. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11,
Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes)
2. ORDINANCE: To Adopt Proposed Amendments to the City of Prattville Code of Ordinances,
Appendix A-Zoning, Article 1, Section 10; Article 6, Sections 68, 69.1, 69.2, and 69.3; Article
7, Sections 71 and 76. (Sponsored By: Council President Striplin)
HELD FROM JULY 16, 2019
3. ORDINANCE: To Zone Property Located at 1324 Upper Kingston Road to R-5 (Patio Garden
Homes) (Petitioner: James B. Marshall, Jr.) (Owner: Randall & Martha Doyle)
(Representative: Larry E. Speaks and Associates, Inc.). (Sponsored By: Councilor Jackson)
HELD FROM AUGUST 6, 2019
4. ORDINANCE: To Rezone Property Located at 2091 Fairview Avenue from FAR (Forest,
Agricultural, Recreation to B-4 (Highway Commercial) (Petitioner: Long –Lewis of the River
Region, Inc.) (Representative: Professional Engineering Consultants). (Sponsored By: Council
President Pro Tempore Brown)
HELD FROM AUGUST 6, 2019
5. ORDINANCE: To Zone Property Located in the Glennbrooke Subdivision (Plats 2A, 2B, 2C,
2D, 2E & 4A-Partial) as R-3 (Single Family Residential) (Petitioner: City of Prattville).
(Sponsored By: Council President Pro Tempore Brown)
HELD FROM AUGUST 6, 2019
RESOLUTION 1
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[To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the 3
Code of Alabama, 1975, as Amended.] 4
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{Sponsored By: Councilor Starnes} 6
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WHEREAS, an abundance of overgrown grass or weeds: 8
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1. is injurious to the public health, safety and general welfare by providing a breeding 10
ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 11
2. may cause the further spread of weeds; 12
3. may hide debris, such as glass or metal, that could inflict injury on a person going to 13
such property; and 14
4. may also pose a fire hazard and respiratory hazard; and 15
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WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2019, 17
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Page 101, that the abundance of overgrown grass and weeds at various addresses in the 19
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City of Prattville constituted a public nuisance and set a public hearing to discuss said 21
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nuisances; and 23
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WHEREAS, notice, as required by §11-67-62 of the Code of Alabama, 1975, as 25
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amended, was provided in The Prattville Progress, by certified mail, and by signage on the 27
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subject property; and 29
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 31
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the properties listed in Resolution Book 2019, Page 101, adopted on August 6, 2019, and 33
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determined that the public nuisance still exists; and 35
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WHEREAS, the City Council of the City of Prattville held the required public hearing 37
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at 6:00 p.m. on August 6, 2019, permitting the owners of same properties listed in Resolution 39
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Book 2019, Page 101, to present evidence, objections and protest regarding the proposed 41
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removal of weeds. 43
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of 45
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Prattville declares that the abundance of overgrown grass and weeds on the properties 47
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continue to be a public nuisance: 49
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• 104 New Moon Court – Bennett, Jacob M. & Marsha L., C/O Lopez, Francisco, 104 New Moon Court, 51
Prattville, AL 36067 52
(19-05-16-2-000-108.000) 53
• 1908 Dundee Drive – Funk, Hilda, 1908 Dundee Drive, Prattville, AL 36066 54
(19-01-12-1-001-056.000) 55
• 1142 E. Main Street/1157 Faulk Avenue – Hollon, Bennie F., 1142 E. Main Street, Prattville, AL 36066 56
(19-05-15-2-001-003.000) 57
• 105 New Moon Court – Wade, Nancy J, 105 New Moon Court, Prattville, AL 36067 58
(19-05-16-000-097.000) 59
• 120 Mobile Drive – Barley, Marvin D. & Rosie, 120 Mobile Drive, Prattville, AL 36067 60
(19-05-16-3-001-023.000) 61
• 742 Cranbrook Drive – Blackmon, Richard, 312 Fairview Avenue, Prattville, AL 36066 62
(19-05-16-4-010-001.037) 63
• 796 Rice Street – McBrayer, William Donald & Gaye N., 796 Rice Street, Prattville, AL 36067 64
(19-05-21-2008-005.000) 1
• 1137 East Main Street – McPherson, Nick, 1121 East Main Street, Prattville, AL 36066 2
(19-02-10-3-028-011.000) 3
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BE IT FURTHER RESOLVED that: 5
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The Mayor shall have the overgrown grass and weeds on the property listed above cut or 7
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removed using city forces or private contractors. Any property owner shall have the right to 9
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have any weeds removed at his or her own expense provided the removal is done prior to the 11
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commencement of work by employees or agents of the City of Prattville. The Mayor shall 13
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keep an accounting of all costs related to the removal of overgrown grass and weeds and 15
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report such cost to the City Council following their removal. 17
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ADOPTED THIS 3RD DAY OF SEPTEMBER, 2019. 19
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By: Albert Striplin, President 23
Prattville City Council 24
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AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2019. 26
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________________________ 29
By: Cathy Dickerson 30
City Clerk 31
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APPROVED: 33
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________________________ 36
By: Bill Gillespie, Jr. 37
Mayor 38
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RESOLUTION BOOK 2019-A, PAGE _____ 64
HELD FROM JULY 16, 2019 1
ORDINANCE 2
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[To Adopt Proposed Amendments to the City of Prattville Code of Ordinances, Appendix A-4
Zoning, Article 1, Section 10; Article 6, Sections 68, 69.1, 69.2, and 69.3; Article 7, Sections 5
71 and 76.] 6
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{Sponsored By: Council President Striplin} 8
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BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 10
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THAT the Zoning Ordinance of the City of Prattville, Alabama was adopted on 12
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February 10, 1950, and subsequently amended from time to time; 14
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THAT, pursuant to Section 11-56-77(2), Code of Alabama 1975, as amended, a 16
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notice that this ordinance would be considered was advertised for three (3) consecutive 18
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weeks, along with one (1) display advertisement, in the Prattville Progress, a newspaper of 20
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general circulation within the city limits of the City of Prattville, and that the City Council of 22
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the City of Prattville at its Public Hearing on the 3rd day of September, 2019 at 6:00 p.m., 24
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considered said proposed ordinance and that at such time and place all persons who desired 26
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had an opportunity to be heard in favor of or in opposition to such ordinance. 28
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THAT the City of Prattville Code of Ordinances, Appendix A.-Zoning, Article 1, Section 30
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10; Article 6, Sections 68, 69.1, 69.2, and 69.3; Article 7, Sections 71 and 76 are hereby 32
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amended as follows: 34
APPENDIX A – ZONING 35
ARTICLE 1-CLASSIFICATION AND ESTABLISHMENT OF DISTRICTS 36
Section 10. - Site plan review. 37
It is the intent of this section to provide for the review of site plans to assure public safety and welfare with 38
respect to traffic, drainage, flooding, fire hazards, and compatibility with existing development in the City of 39
Prattville. 40
A. Applicability. These provisions apply to all business, industrial, public, semi-public, multifamily 41
residential or rental mobile homes/rental manufactured housing developments, buildings or structures. 42
This procedure shall not apply to residential subdivisions, mobile home subdivisions, garden and patio 43
home developments or townhouse developments. 44
No building permit shall be granted for a structure, building, or use controlled by this section until a 45
site plan has been submitted and approved by the Prattville Planning and Development Department or 46
such other department as may be designed or created to perform this function by the Prattville City 47
Council. 48
B. Contents of site plan. Such site plan shall contain: 49
a. The direction of north; 50
b. The scale of not less than one (1) inch = one hundred (100) feet; 51
c. Topography at not greater than two-foot contour intervals; 52
d. The proposed location of all buildings and existing buildings with dimensions shown; 53
e. The use of all buildings and premises; 54
f. The areas, number of lots, and dimensions of all parking to be included; 55
g. The location of all streets, driveways, walks, ingresses and egresses, and curb cuts; 56
h. All service and loading spaces; 57
i. The location and areas of illumination of all exterior lighting; 58
j. The location, size, number, and character of all exterior signs; 59
k. The location, character, and extent of landscaping, retaining and screen walls, and other treatments; 1
l. The provision for surface drainage of the premises; 2
m. Public and private easements (public easements are subject to acceptance by the Prattville City 3
Council); 4
n. Finished floor elevation and whether or not the area is subject to flooding; 5
o. The location of all water and sewer lines and location of proposed taps to public lines; and 6
p. The location of fire hydrants; and 7
q. The findings of a registered engineer relative to the probable noise generated by the proposed use. 8
This item shall not be required unless, in the opinion of the Director of Planning and Development, 9
the proposed use is likely to generated excessive noise or if the property upon which the use is to 10
be carried out is adjacent to residential uses or zones. 11
C. Site plan review consideration. In reviewing the site plans, reviewers shall consider: 12
I. Traffic safety: 13
a. Proper sight distances; 14
b. Need for acceleration and deceleration lanes; 15
c. Probable traffic generated and adequacy of public roads to support it. 16
In making determination relative to the above items, reviewers shall be guided by "State of Alabama 17
Highway Department Standard Specifications for Highway Construction, 1985." 18
II. Public facilities: 19
a. Adequacy of public water facilities. 20
b. Adequacy of public sewer facilities. 21
c. Adequacy of fire protection. 22
d. Proper design for police protection and public safety needs. 23
In making determination relative to the above items, reviewers shall be guided by the adopted Code 24
of the City of Prattville, and policies of appropriate city departments. 25
III. Compatibility with existing development: 26
a. Proper drainage. 27
b. Need for screening, planting, or landscaping. 28
c. Nonobtrusiveness of illumination. 29
d. Compliance with City Zoning Ordinance and Subdivision Regulations. 30
In making determination relative to the above items, reviewers shall be guided by the adopted Code 31
of the City of Prattville, and policies of appropriate city departments. 32
IV. Noise standards. The following noise standards shall apply to industrial and commercial uses: 33
TABLE 1. - Limiting Sound Levels 34
Maximum permissible sound level at residential property lines: 62 decibels using the "a" scale and 35
slow meter movement. 36
TABLE 2. - Corrections for Sound Duration 37
Noise source operated less than 20% of any one-hour period; plus 5 decibels. 38
Noise source operated less than 5% of any one-hour period; plus 10 decibels. 39
Noise source operated less than 1% of any one-hour period; plus 15 decibels. 40
Noise of impulsive character (hammering, etc.); minus 5 decibels. 41
Noise of periodic character (hum, screech, etc.); minus 5 decibels. 42
Any use operating between the hours of 10:00 p.m. and 7:00 a.m. shall reduce sound created by 43
3 decibels during these hours. 44
D. Site plan approval. The site plan shall be approved upon signature on the site plan or appropriate 45
certification sheet of the Director of the Planning and Development Department, the City Engineer, the 46
Chief of the Police Department, the Fire Chief, or persons designated by the City Council to act on their 47
behalf; and other signatures deemed advisable by the Director of the Planning and Development 48
Department. In reviewing site plans the person[s] named or referred to above shall confine their review 49
to the aspects of the site plan which are related to their departmental responsibilities or charge from the 50
City Council. Whenever any person named or referred to above disapproves a site plan he shall submit 51
his reasons for disapproval in writing to the Director of the Planning and Development Department, who 52
shall inform the applicant of reasons for disapproval. 53
E. Time limit for review. Site plan shall be deemed approved unless disapproved in writing by one (1) or 1
more of the persons named or referred to in Paragraph E[D] within forty-five (45) days of submission. 2
F. Appeal. Appeals of site plan decision or orders shall be made to the City of Prattville Board of 3
Adjustments in accordance with appeal procedures stated in section 11-52-80 of the Code of Alabama 4
1975, as amended [Code of Ala. 1975, § 11-52-80], and the general governing rules and operating 5
procedures of the Board of Zoning Adjustments. 6
ARTICLE 6 – GENERAL PROVISIONS 7
Section 68. - Definitions. 8
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For the purpose of this ordinance, words used in the present tense include the future, the singular number 10
includes the plural, and the plural the singular. Words and terms are defined as follows: 11
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Accessory structure. Any detached minor building in the rear of the main building consisting of masonry or 13
frame walls and roof, one (1) or two (2) stories in height, necessary as an adjunct to the use or occupancy of a 14
principal or main structure. 15
Alteration or altered. The word "alteration" shall include any of the following: 16
a. Any addition to the height or depth of a building or structure. 17
b. Any change in the location of any of the exterior walls of a building or structure. 18
c. Any increase in the interior accommodations of a building or structure. 19
In addition to the foregoing, a building or structure shall be classified as altered when it is repaired, renovated, 20
remodeled, or rebuilt at a cost in excess of fifty (50) percent of its value prior to the commencement of such repairs, 21
renovation, remodeling or rebuilding. 22
Boardinghouse. A building other than a hotel, cafe, or restaurant where, for compensation, meals are 23
provided for three (3) or more persons. 24
Building area. The portion of the lot occupied by the main building, including porches, carports, accessory 25
buildings, and other structures. 26
Business recycling facility. A facility engaged in the processing, storage, or transportation of recyclable 27
material created by an otherwise conforming business upon its own premises for the purpose of reuse, sale, or 28
energy extraction. This definition shall include items generated as a by-product of normal business operations 29
and shall not include items purchased, delivered, traded or exchanged in a used or inoperable state. 30
Camping and recreational equipment. As used in this ordinance, "camping and recreational equipment" is 31
defined and shall include the following: 32
Recreational vehicle. A recreational vehicle is a vehicular-type structure, primarily designed as 33
temporary living quarters for recreation, camping or travel use, which either has its own motive power or is 34
mounted on or drawn by another vehicle which is self-powered. With allowances for engineering variations, 35
the basic entities are: 36
(a) A "travel trailer" is a vehicular portable structure, mounted on wheels, of such a size or weight as not to 37
require special highway movement permits when drawn by a stock passenger automobile, primarily 38
designed and constructed to provide temporary living quarters for recreation, camping and travel use. 39
(b) A "camping trailer" is a vehicular portable structure, mounted on wheels, constructed with collapsible 40
partial side walls of fabric, plastic, or other pliable material for folding compactly while being drawn by 41
another vehicle, and, when unfolded at the site or location, providing temporary living quarters, and 42
whose primary design is for recreation, camping or travel use. 43
(c) A "truck camper" is a portable structure, designed to be loaded onto, or affixed to, the bed or chassis 44
of a truck, constructed to provide temporary living quarters for recreation, camping, or travel use. 45
(d) A "motor home" is a structure built on and made an integral part of a self-propelled motor vehicle chassis 46
other than a passenger car chassis, primarily designed to provide temporary living quarters for 47
recreation, camping, and travel use. 48
(e) Vehicle shall also include any boat or vehicle designed to be used on waterways, lakes, rivers, or any 49
other large body of water. 50
Community recycling facility. A facility engaged in the collection and transportation of externally generated 51
recyclable materials. Such operations may be either stationary or mobile. Said operations may include packing, 52
bailing, storage, crushing or compaction or other operations necessary to preparing the material for delivery or 53
sale to a facility which will actually reuse or remanufacture said products; but may not include the processing of 54
materials for direct reuse or sale. 55
Community recycling receptacle. A completely enclosed bin or container made of metal or other impervious 56
material into which recyclable materials may be placed. All such receptacles shall display the name of the owner 57
or sponsor, their address, telephone number, and contact person. Cleanliness and pickup of matter in and around 58
said receptacle shall be the responsibility of the sponsor. 59
Drive-in restaurant. A restaurant or public eating business so conducted that food, meals or refreshments 1
are brought to the motor vehicles for consumption by the customer or patron. 2
Drive-in theater. A theater so arranged and conducted that the customer or patron may view the performance 3
while being seated in a motor vehicle. 4
Dwelling. A house or other building used primarily as an abode for one (1) family except that the word 5
"dwelling" shall not include boarding or rooming houses, tents, tourist camps, hotels, trailers, trailer camps, or 6
other structures designed or used primarily for transient residents. 7
Dwelling unit. Any portion of a building used, intended or designed as a separate abode for a family. 8
Family. The term "family" shall be limited to the following: 9
(1) A person living alone as a single nonprofit housekeeping unit; 10
(2) A family unit comprised of persons related by blood, marriage, adoption, guardianship or other duly 11
authorized custodial relationship living together as a single nonprofit housekeeping unit and sharing 12
common living, sleeping, cooking, eating and housekeeping facilities; 13
(3) A number of unrelated persons but not exceeding four living together as single nonprofit housekeeping 14
unit and sharing common living, sleeping, cooking, eating and housekeeping facilities; 15
(4) A number of unrelated persons but not exceeding two and any children related to either of them by 16
blood, marriage, adoption, guardianship or other duly authorized custodial relationship, living together 17
as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and 18
housekeeping facilities. 19
Home occupation. Home occupations are businesses carried on in a dwelling unit that are limited in extent 20
and clearly incidental and secondary to the use of the property for residential purposes. 21
Hotel. Any building or portion thereof which contains at least ten (10) guest rooms intended for occupancy 22
by individuals for compensation whether paid directly or indirectly. 23
House trailer. The term "house trailer" shall be construed to mean and include any structure intended for, or 24
capable of, human habitation, mounted upon wheels and capable of being driven, propelled, or towed from place 25
to place without change in structure or design, by whatsoever name or title it is colloquially or commercially known. 26
Removal of wheels and placing such a structure on the ground, piers, or other foundation, shall not remove such 27
a vehicle from this definition; provided, that this definition shall not include transport trucks or vans equipped with 28
sleeping space for a driver or drivers. 29
Junkyard. Junkyard shall include any lot or parcel of land on which is kept, stored, bought or sold, articles 30
commonly known as junk, including scrap paper, scrap metal, and used automobile bodies and parts. 31
Lot. A piece, parcel, or plot of land occupied or intended to be occupied by one (1) main building, accessory 32
buildings, uses customarily incidental to such main building and such open spaces as are provided in this 33
ordinance, or as are intended to be used with such piece, parcel or plot of land. 34
Motor court. A building or group of buildings containing one (1) or more guest rooms having separate outside 35
entrances for each such room or suite of rooms and for each of which rooms or suites of rooms automobile parking 36
space is provided. 37
Nonconforming use. A use of any structure or land which, though originally lawful, does not conform with the 38
provisions of this ordinance or any subsequent amendments thereto for the district in which it is located. 39
Offices. Space or rooms used for professional, administrative, clerical and similar uses. 40
Public land uses. Any land use operated by or through a unit or level of government, either through lease or 41
ownership, such as municipal administration and operation, county buildings and activities, state highway offices 42
and similar land uses; and federal uses such as post offices, bureau of public roads and internal revenue offices, 43
military installations, etc. 44
Recyclable material. Reusable material including but not limited to, metal cans, glass, plastic, and paper 45
which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. 46
Recyclable material does not include: inoperative trucks, automobiles or other vehicles, and chassis or parts of 47
the same; household appliances, white metals, used heating or refrigerating equipment, farm implements, 48
machinery, scrap metal, etc. 49
Rooming house. Any building or portion thereof which contains not less than three (3) or more than nine (9) 50
guest rooms which are designed or intended to be used, let, or hired out for occupancy by individuals for 51
compensation whether paid directly or indirectly. 52
Satellite dish or disc. As used in this ordinance, satellite dish or disc is defined and shall mean the following: 53
A structure designed for residential or commercial use to obtain and receive television and/or radio transmissions, 54
not over fifteen (15) feet above existing grade, permanently ground-mounted, and not over twelve (12) feet in 55
diameter, placed in the rear yard as defined by Article 6, section 68.262 and the requirements of this ordinance 56
as to accessory structures, after having acquired a building permit from the City of Prattville. 57
Semipublic land uses. Philanthropic and charitable land uses including: Y.M.C.A.'s, Y.W.C.A.'s, Salvation 58
Army, churches and church related institutions, orphanages, humane societies, private welfare organizations, 59
nonprofit lodges and fraternal orders, hospitals, Red Cross, and other general charitable institutions. 60
Shelter, fallout. A structure or portion of a structure intended to provide protection to human life during periods 61
of danger to human life from nuclear fallout, air raids, storms, or other emergencies. 62
Street. Any public or private way set aside for common travel more than twenty-one (21) feet in width if such 63
existed at the time of enactment of this ordinance, or such right-of-way forty (40) feet or more in width if established 64
thereafter. 65
Structure. Any combination of materials, including buildings, constructed or erected, the use of which requires 1
location on the ground or attachment to anything having location on the ground, including among other things, 2
signs, billboards, but not including utility poles and overhead wires. 3
Temporary structure. A business structure, not used as a residence or habitation, of one (1) or more of the 4
following types: portable or preassembled metal buildings or storage structures, tents, freestanding awnings, sun 5
screens, sunshades, shelters and other structures composed of flexible materials, and all structures of a 6
temporary character or intended for short-term occupancy. This term shall not include construction trailers, not 7
used for sales or habitation, at the site properly permitted construction during such construction. This term shall 8
not include portable or preassembled metal buildings used as accessory structures to primary, permanent 9
business structures. 10
Trailer camp. Any site, lot, field, or tract of land privately or publicly owned or operated, upon which two (2) 11
or more house trailers used for living, eating or sleeping quarters, are, or are intended to be, located; such 12
establishments being open and designated to the public as places where temporary residential accommodations 13
are available whether operated for or without compensation, by whatsoever name or title they are colloquially or 14
commercially termed. 15
Use. The purpose for which land or a building or other structure is designed, arranged, or intended, or for 16
which it is or may be occupied or maintained. 17
Yard. An open space, on the lot with the main building, left open, unoccupied and unobstructed by buildings 18
from the ground to the sky except as otherwise provided in this ordinance. 19
Yard, front. The yard extending across the entire width of the lot between the main building including covered 20
porches, and the front lot line, or if an official future street right-of-way line has been established, between the 21
main building, including covered porches and the right-of-way line. No fallout shelter, even though it does not 22
exceed thirty (30) inches in height, shall be permitted in any front yard. 23
Yard, rear. The yard extending across the entire width of the lot between the main building, including covered 24
porches, and the rear lot line. 25
Yard, side. The yard extending along a side lot line, from the front yard to the rear yard, between the main 26
building, including covered porches and carports, and such lot line. 27
Section 69.1. – Home Occupations 28
Home occupations are businesses carried on in a dwelling unit that are limited in extent and clearly incidental and 29
secondary to the use of the property for residential purposes. A home occupation is to allow for the employment 30
of an occupant of the dwelling in limited commercial activity without changing the character of the surrounding 31
residential area. 32
All home occupations must be permitted prior to receiving a business license, and no home occupation may 33
operate without obtaining a valid business license from the City. Permits shall only be valid for the original 34
applicant, use, and location, and shall be void if a business license is not obtained within 90 days of approval. 35
Applications for home occupations shall be provided on forms provided by the City Planner. 36
(1) Tier 1 Home Occupations may be approved administratively by the City Planner or designee. Examples 37
of Tier 1 home occupations include, but are not limited to: internet-based businesses, artistic and design 38
services, telephone sales, consulting, tax preparation, off-site instruction, and other activities which the 39
City Planner determines to be substantially similar in character, nature, intensity, or impact to these. Tier 40
1 home occupations must comply with the following criteria: 41
a. Only residents of the home shall engage in business activity at the home; 42
b. No advertising material shall indicate address or physical location of the business (not to include 43
business cards or email signatures); 44
c. No more than 25% of the total gross floor area of the home shall be used for the home occupation; 45
d. Any business-related materials or equipment must be kept inside the home; 46
e. Any business-related vehicles parked at the home shall be limited to standard passenger cars, 47
pickup trucks, SUVs, or vans, and shall not be parked in the street; 48
f. No signs or advertisements related to the home occupation on the property or the mailbox; 49
g. No change in the outside appearance of the home or premises and no evidence of the conduct 50
of the home occupation visible from the street; 51
h. No retail or in-person sales with customers or other clients visiting the home; 52
i. The business owner shall be responsible for observing any private covenants or restrictions which 53
may impact the home occupation; 54
j. No equipment or process shall be used in the home occupation which creates noise, vibration, 55
glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or 56
adjacent areas; 57
(2) Tier 2 Home Occupations require use-on-appeal approval from the Board of Adjustment. Examples of 58
Tier 2 home occupations include, but are not limited to: lawn care or landscaping businesses, home 59
maintenance, on-site music instruction, on-site tutoring, professional offices involving client visits, small 60
engine repair, cosmetology, animal grooming, any use involving guns or weapons of any kind, any home 61
occupation employing someone not living at the home, Tier 1 home occupations that are unable to meet 62
one or more of the criteria listed in (1), and other activities which the City Planner determines to be 63
substantially similar in character, nature, intensity, or impact to these. Tier 2 home occupations must 1
comply with the following criteria: 2
a. At least one resident of the home must be engaged in the home occupation and no more than 3
one non-resident may be engaged or employed in the business activity; 4
b. No advertising material shall indicate address or physical location of the business (not to include 5
business cards or email signatures); 6
c. No more than 25% of the total gross floor area of the home shall be used for the home occupation; 7
d. Any business-related materials or equipment, including trailers, must be kept inside the home or 8
fully enclosed behind a fence. On lots larger than one acre, materials or equipment may be 9
located in rear or side yards, at least fifty feet (50’) from property line, without being enclosed; 10
e. Any necessary parking shall be provided off-street and shall be in addition to what is otherwise 11
required for the residential use of the property, and shall not be in the front yard; 12
f. No signs or advertisements related to the home occupation on the property or the mailbox; 13
g. The business owner shall be responsible for observing any private covenants or restrictions which 14
may impact the home occupation; 15
h. No equipment or process shall be used in the home occupation which creates noise, vibration, 16
glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or 17
adjacent areas; 18
i. For music instruction, tutoring or similar teaching, professional or consulting services involving 19
clients coming to the home, animal grooming, cosmetology, and similar services, no more than 20
two clients may be on the premises at any time, and no more than ten clients visiting the home 21
on any day. This number may be reduced by the Board of Adjustment; 22
j. Small engine repair shall be limited to small engines no larger than two cylinders used in lawn 23
mowers, trimmers, and similar lawn equipment; 24
k. Any other restrictions or conditions as may be considered appropriate by the Board of Adjustment. 25
(3) Uses specifically prohibited as home occupations: 26
a. Automobile engine or body repair; 27
b. Automobile tire sales, mounting, or repair; 28
c. Vehicle sales; 29
d. Animal kennels or boarding; 30
e. Junk, waste, or vehicle parts storage; 31
f. Furniture upholstery and refinishing; 32
g. Tow truck service; 33
h. Other activities which the City Planner determines to be substantially similar in character, nature, 34
intensity, or impact to these. 35
Section 69.2. – Fences and Walls. 36
(1) Generally 37
a. It is unlawful for any person to construct, repair, replace, or cause to be constructed, repaired, or 38
replaced, a fence or wall or any part of a fence or wall in the city without it being permitted. No 39
permit is required for repairs or replacement as defined in this section. 40
b. Decorative gate embellishments may not exceed two feet (2’) above the height of the fence. 41
c. Fences and walls shall not project into a right-of-way or impede sight distance or the sight triangle 42
at intersections as determined by the City Engineer. 43
d. Fences and walls shall not be built on or over any public easement without the authorization of 44
the Director of Public Works. 45
e. Fences and walls must not adversely affect draining or create debris build-up, nor impede access 46
to metering devices or public utilities, including fire hydrants. 47
f. The property owner shall be responsible for observing any private covenants, restrictions, or 48
homeowner association requirements which may impact fences. 49
(2) Residential zones 50
a. Fences and walls in rear and side yards shall not exceed eight feet (8’) in height. 51
b. Fences and walls in front yards shall not exceed four feet (4’) in height and may be no more than 52
fifty percent (50%) opaque (i.e. not a solid barrier); 53
c. Fences and walls shall not incorporate barbed wire, razor wire, broken glass, or other elements 1
reasonably capable of causing harm to persons or animals. 2
d. For the purposes of this section, on corner lots with two front yards, the primary front yard shall 3
be defined as the yard on the side of the front façade or front entrance, and the secondary front 4
yard shall be the adjacent yard fronting the street. 5
i. Secondary front yards may have fences not exceeding eight feet (8’) up to the side 6
setback line based on the zoning district the lot is in. 7
(3) Nonresidential Zones 8
a. Fences and walls shall not exceed ten feet (10’) in height. 9
(4) Repairs and Maintenance 10
a. Property owners shall maintain fences and walls at all times in a state of good repair, safe and 11
secure condition, with all braces, bolts, nails, supporting frame, fastenings, pickets, mesh, and 12
other parts and materials free from deterioration, termite infestation, rot, rust or loosening. 13
b. A fence shall not lean more than one inch out of vertical for each foot of height as measured from 14
the top of the fence. 15
c. A permit is not required for repair of short sections of legal, nonconforming fences, walls, or gates 16
when repairs are less than two fence panels or a maximum of sixteen feet (16’). A permit is not 17
required for conforming fences when replacement or repair does not exceed fifty percent (50%) 18
of the total fence length; a rolling twelve (12) month time period is used between repairs or 19
replacement. 20
Section 69.3. – Accessory Structures. 21
(1) Generally 22
a. It is unlawful for any person to construct, repair, replace, or cause to be constructed, repaired, or 23
replaced, an accessory structure in the city without it being permitted; 24
b. No accessory structure shall be established prior to the substantial completion of the primary 25
structure (may be permitted and constructed at the same time). No accessory structure shall be 26
used prior to the primary structure being occupied. This shall not apply to agriculture related 27
structures in appropriate zones; 28
c. Accessory structures must be located on the same parcel as the primary structure; 29
d. The property owner shall be responsible for observing any private covenants, restrictions, or 30
homeowner association requirements which may impact accessory structures; 31
(2) Residential Zones (not including multi-family zones) 32
a. Accessory structures shall be located in back or side yards at least ten feet (10’) behind the front 33
building setback or the front plane of the primary structure, whichever is greater; 34
b. Accessory structures shall be located at least ten feet (10’) from the primary structure and five 35
feet (5’) from other accessory structures; 36
c. The cumulative area of accessory structures on a parcel shall not exceed fifty percent (50%) of 37
the gross floor area of the primary structure; 38
d. Accessory structures shall not be located closer than five feet (5’) to property lines; 39
e. Exterior materials or cladding shall be similar to and complement that of the primary structure. 40
An exception to this shall be the allowance of one metal sided structure no larger than 200 square 41
feet located in a rear yard; 42
f. Accessory structures shall not be used as a dwelling unit; 43
g. Residential zones with specific accessory structure requirements (e.g. R-5) for locations and 44
setbacks shall be followed in those zones. 45
(3) Nonresidential Zones (including multi-family zones) 46
a. No accessory structures shall be located in required landscape buffers; 47
b. Exterior materials or cladding shall be the same as or complementary to the primary structure(s); 48
c. Accessory structures shall follow the same setbacks as the primary structure. 49
Section 71-Residential District Requirements 50
As amended in Attachment “A” 51
Section 76-Mobile Home District Requirements 52
As amended in Attachment “A” 53
54
THAT all other items and provisions of the Zoning Ordinance of the City of Prattville 55
not herein specifically amended shall remain in full force and effect. 1
2
THE amendments herein contained was considered and recommended by the City of 3
4
Prattville Planning Commission on June 20, 2019. 5
6
THIS Ordinance shall become effective upon its passage and execution as provided 7
8
by law. 9
10
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2019. 11
12
13
________________________ 14
By: Albert Striplin, President 15
Prattville City Council 16
17
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2019. 18
19
20
________________________ 21
By: Cathy Dickerson 22
City Clerk 23
24
APPROVED: 25
26
27
________________________ 28
By: Bill Gillespie, Jr. 29
Mayor 30
31
32
33
34
35
36
37
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50
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52
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55
56
57
58
ORDINANCE BOOK 2019, PAGE ____ 59
HELD FROM AUGUST 6, 2019 1
ORDINANCE 2
3
[To Zone Property Located at 1324 Upper Kingston Road to R-5 (Patio Garden Homes) 4
(Petitioner: James B. Marshall, Jr.) (Owner: Randall & Martha Doyle) 5
(Representative: Larry E. Speaks and Associates, Inc.).] 6
7
{Sponsored By: Councilor Jackson} 8
9
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 10
11
THAT the zoning ordinance of the City of Prattville, Alabama adopted on February 10, 12
13
1950, subsequently amended from time to time, and the zoning map adopted on the 1st day 14
15
of May, 1987, are hereby amended to reclassify the property described in Attachment “A” as 16
17
R-5 (Patio Garden Homes); and 18
19
THAT this proposed ordinance was advertised for two (2) weeks in the Prattville 20
21
Progress, a newspaper of general circulation within the City Limits of the City of Prattville, 22
23
and that the City Council of the City of Prattville, at its Public Hearing on the 3rd day of 24
25
September, 2019 at 6:00 p.m., considered said proposed ordinance and that at such time 26
27
and place all persons who desired had an opportunity to be heard in favor of or in opposition 28
29
to such ordinance. 30
31
THAT this ordinance is adopted under the authority of §11-52-85 of the Code 32
33
of Alabama, 1975, as amended, and is contingent on the petitioner completing the process to 34
35
annex property described in Attachment “A” into the City of Prattville no later than 180 days 36
37
following adoption of the Ordinance. 38
39
ALL other items and provisions of the Zoning Ordinance of the City of Prattville not 40
41
herein specifically amended shall remain in full force and effect. 42
43
THE amendments herein contained were considered and approved by the City of 44
45
Prattville Planning Commission on July 18, 2019. 46
47
THIS ordinance shall become effective upon its passage and execution as provided 48
49
by law. 50
51
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2019. 52
53
54
________________________ 55
By: Albert Striplin, President 56
Prattville City Council 57
58
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2019. 59
60
61
________________________ 62
By: Cathy Dickerson 63
City Clerk 64
APPROVED: 1
2
3
________________________ 4
By: Bill Gillespie, Jr. 5
Mayor 6
7
8
9
10
11
12
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63
ORDINANCE BOOK 2019, PAGE _____ 64
HELD FROM AUGUST 6, 2019 1
ORDINANCE 2
3
[To Rezone Property Located at 2091 Fairview Avenue from FAR (Forest, Agricultural, 4
Recreation to B-4 (Highway Commercial) (Petitioner: Long –Lewis of the River Region, Inc.) 5
(Representative: Professional Engineering Consultants).] 6
7
{Sponsored By: Council President Pro Tempore Brown} 8
9
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 10
11
THAT the zoning ordinance of the City of Prattville, Alabama adopted on February 10, 12
13
1950, subsequently amended from time to time, and the zoning map adopted on the 1st day 14
15
of May, 1987, are hereby amended to reclassify the property described in Attachment “A”; 16
17
and 18
19
THAT this proposed ordinance and a synopsis was advertised for two (2) weeks in the 20
21
Prattville Progress, a newspaper of general circulation within the City Limits of the City of 22
23
Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 3rd day 24
25
of September, 2019 at 6:00 p.m., considered said proposed ordinance and that at such 26
27
time and place all persons who desired had an opportunity to be heard in favor of or in 28
29
opposition to such ordinance. 30
31
ALL other items and provisions of the zoning ordinance of the City of Prattville not 32
33
herein specifically amended shall remain in full force and effect. 34
35
THE amendments herein contained were considered and recommended by the City of 36
37
Prattville Planning Commission on July 18, 2019. 38
39
THIS ordinance shall become effective upon its passage and execution as provided 40
41
by law. 42
43
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2019. 44
45
46
________________________ 47
By: Albert Striplin, President 48
Prattville City Council 49
50
AUTHENTICATED THIS DAY OF SEPTEMBER, 2019. 51
52
53
________________________ 54
By: Cathy Dickerson 55
City Clerk 56
57
APPROVED: 58
59
60
________________________ 61
By: Bill Gillespie, Jr. 62
Mayor 63
ORDINANCE BOOK 2019, PAGE _____ 64
HELD FROM AUGUST 6, 2019 1
ORDINANCE 2
3
[To Zone Property Located in the Glennbrooke Subdivision (Plats 2A, 2B, 2C, 2D, 2E & 4A-4
Partial) as R-3 (Single Family Residential) (Petitioner: City of Prattville).] 5
6
{Sponsored By: Council President Pro Tempore Brown} 7
8
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 9
10
THAT the zoning ordinance of the City of Prattville, Alabama adopted on February 10, 11
12
1950, subsequently amended from time to time, and the zoning map adopted on the 1st day 13
14
of May, 1987, are hereby amended to reclassify the property described in Attachment “A”; 15
16
and 17
18
THAT this proposed ordinance and a synopsis was advertised for two (2) weeks in the 19
20
Prattville Progress, a newspaper of general circulation within the City Limits of the City of 21
22
Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 3rd day 23
24
of September, 2019 at 6:00 p.m., considered said proposed ordinance and that at such 25
26
time and place all persons who desired had an opportunity to be heard in favor of or in 27
28
opposition to such ordinance. 29
30
ALL other items and provisions of the zoning ordinance of the City of Prattville not 31
32
herein specifically amended shall remain in full force and effect. 33
34
THE amendments herein contained were considered and recommended by the City of 35
36
Prattville Planning Commission on July 18, 2019. 37
38
THIS ordinance shall become effective upon its passage and execution as provided 39
40
by law. 41
42
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2019. 43
44
45
________________________ 46
By: Albert Striplin, President 47
Prattville City Council 48
49
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2019. 50
51
52
________________________ 53
By: Cathy Dickerson 54
City Clerk 55
56
APPROVED: 57
58
59
________________________ 60
By: Bill Gillespie, Jr. 61
Mayor 62
63
ORDINANCE BOOK 2019, PAGE ____ 64