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2209 September 15 PC Pkt (Draft)102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICPDIRECTOR CITY OF PRATTVILLE PLANNING COMMISSIONAGENDA September 15, 2022 3:00 p.m. Call to Order: Roll Call: Mayor Gillespie, Councilman Chambers, Chairman Gardner, Vice-Chairman Daniel, Deputy Fire Marshal Allen, Mrs. Carpenter, Mr. Hayden, Mr. King, and Mr. Mullins. Minutes: August 18, 2022; September 9, 2022 (Work Session) Committee Reports: Old Business: None New Business: 1.Preliminary Plat: Taylor Ridge Plat 1Location: Hazel Street and Washington Ferry Road Petitioner: Pete Taylor Representative: Larry Speaks & Associates, Inc. Public Hearing District 2 2.Preliminary Plat: Sam L. Spencer Plat 1Location: East side of MLK, Jr. Drive between Greencrest Lane and Ridgewood RoadPetitioner: Sam L. Spencer, City of PrattvilleRepresentative: Jeffcoat Engineers & Surveyors, LLC Public Hearing District 3 3.Preliminary Plat: McClain Landing Phase 7Location: West side of McQueen Smith RoadPetitioner: H. D. & D Land CompanyRepresentative: Barrett-Simpson, Inc. Public Hearing District 7 4.Zoning Amendment: FAR, R-2, and B-2 to R-3 (Single Family Residential)Location: East of Highland Ridge SubdivisionPetitioner: Carolyn Peddy Bryan, et alRepresentative: Flowers & White Engineering, LLC, Public Hearing District 5 5.Zoning Amendment: FAR (Forest, Agricultural, Recreation) to M-2 (General Industry)Location: 1099 Doster RoadPetitioner: Graham Packaging Company, LP Public Hearing District 7 6.Zoning Ordinance Amendments Public Hearing Miscellaneous: Adjourn: DR A F T Draft Prattville Planning Commission August 18, 2022 Minutes Page 1 of 2 CITY OF PRATTVILLE PLANNING COMMISSION 1 MINUTES 2 3 August 18, 2022 4 5 Call to order: 6 In the absence of the Chairman and the Vice-Chairman, Mayor Gillespie was selected to chair the meeting. The 7 regular meeting was called to order at 3:00 p.m. 8 9 Roll Call: 10 The secretary called the roll. Members present were Mayor Bill Gillespie, Councilman John Chambers, 11 Deputy Fire Marshal Craig Allen, Mrs. Paula Carpenter, Mr. Mugs Mullins, and Mr. Robert King. 12 Chairman Reuben Gardner, Vice-Chairman Ken Daniel, and Mr. Seth Hayden were absent. 13 14 (Quorum present) 15 16 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, 17 Planner; and Ms. Alisa Morgan, Secretary. 18 19 Minutes: 20 Mr. Mullins moved to approve the minutes of the July 21, 2022 regular meeting. Mr. Chambers seconded the 21 motion. The motion passed unanimously. 22 23 Committee Reports: 24 25 Old Business: 26 There was no old business to discuss. 27 28 New Business: 29 1. Zoning Amendment: M-2 (General Industry) to FAR (Forest, Agricultural, Recreation) 30 Location: 849 Franklin Street 31 Petitioner: Jonathan Mitchell 32 33 Mr. Williams introduced the zoning amendment request to rezone property located at 849 Franklin Street. 34 He stated that the staff recommends the FAR zoning because it allows for a residential home and farm 35 animals, which the applicant would like to utilize. 36 37 Jonathan Mitchell, petitioner, presented his request for the rezoning. He stated that legal access to the property 38 is documented on the plat. 39 40 Mayor Gillespie opened the floor for public comments. There were none to speak. The public hearing was closed. 41 42 Mr. Chambers introduced a resolution recommending approval of the rezoning of 849 Franklin Street from M-2 43 to FAR and moved for its approval. Mr. Mullins seconded the motion. 44 45 After their discussion, the vote was called. The motion to approve passed unanimously. 46 47 2. Preliminary Plat: Midtown Oaks Plat 5 48 Location: South of Sunset Drive and Honeysuckle Drive 49 Petitioner: Goodwyn Building Company, Inc. 50 Representative: Goodwyn, Mills & Cawood, Inc. 51 52 Mr. Rigsby introduced the preliminary plat of Midtown Oaks Plat 5 to subdivide 29.5 acres into 36 53 single-family residential lots. He stated that this plat was presented and approved by the Planning 54 Commission September 17, 2020. Due to the extensive time between PC approval and developer working 55 DR A F T Draft Prattville Planning Commission August 18, 2022 Minutes Page 2 of 2 out the details, staff required this plat go back before the Planning Commission for review. He stated that 56 staff recommends approval. 57 George Goodwyn, petitioner’s representative, presented the preliminary plat of Midtown Oaks Plat 5. He stated 58 that they added more greenspace to this plat. 59 60 Mayor Gillespie opened the floor for public comments. There were none. The public hearing was closed. 61 62 Mr. Mullins introduced a resolution recommending approval of the preliminary plat of Midtown Oaks Plat 5. Mr. 63 Chambers seconded the motion. 64 65 After their discussion, the vote was called. The motion to approve passed unanimously. 66 67 3. Zoning Amendment: FAR (Forest, Agricultural, Recreation) to R-2 (Single Family Residential)68 Beacon Hill Estates Plat 1 69 Location: Beacon Hills Subdivision off Indian Hills Road 70 Petitioner: City of Prattville 71 72 Mr. Stephens introduced the zoning amendment request to rezone 31 parcels in Beacon Hill Estates. He stated 73 that the staff recommends the R-2 zoning based on the location, FLUM, and existing uses. The rezoning will not 74 cause any non-conforming lots. 75 76 Mayor Gillespie opened the floor for public comments. Loyd Bittle, 1403 Morning View Drive, spoke in favor 77 of the rezoning. After no further comments, the public hearing was closed. 78 79 Mr. King introduced a resolution recommending approval of the rezoning of Beacon Hill Estate, Plat 1 from FAR 80 to R-2 and moved for its approval. Mr. Mullins seconded the motion. 81 82 The motion to approve passed unanimously. 83 84 Miscellaneous: 85 Mr. Stephens requested a work session be scheduled to continue updating the Zoning Ordinance on the 86 “Temporary Signs” section which was suspended on adoption until December, as well as some other 87 changes. A date and time will be determined for the work session and posted accordingly. 88 89 Adjourn: 90 There being no other business, the meeting was adjourned at 3:26 p.m. 91 92 Respectfully submitted, 93 94 95 96 Alisa Morgan, Secretary 97 Prattville Planning Commission 98 DR A F T DRAFT Prattville Planning Commission September 9, 2022 Minutes Page 1 of 1 CITY OF PRATTVILLE PLANNING COMMISSION WORK SESSION MINUTES September 9, 2022 The meeting began at 12:00pm at the Doster Center. Members present were Mayor Bill Gillespie, Councilman John Chambers, Mr. Bob King, Chief Craig Allen, Mr. Mugs Mullins, and Mr. Seth Hayden. Staff present: Mr. Scott Stephens, City Planner; Mr. Tommie Williams, Planner; Mr. Andrew Odom, City Attorney; and Mr. Billy Davis, Engineering Services Manager. Mr. Stephens presented proposed amendments to the Zoning Ordinance. Commissioners discussed the proposed amendments, including changes to the temporary signs section. The meeting adjourned at 1:45pm. Respectfully submitted, J. Scott Stephens, City PlannerPrattville Planning Commission DR A F T Taylor Ridge Preliminary Plat 1 Page 1 of 2 Planning Commission Staff Report SUBDIVISION NAME: Taylor Ridge Preliminary Plat 1 MEETING DATE: September 15, 2022 A.BACKGROUND: Applicant/Representative: Larry Speaks & Associates, Inc. Owner: Pete Taylor Property Location: Southwest Corner of Washington Ferry Rd. & Hazel Street Property Identification: Autauga County 19082820000030000 Property Size: 1.46 Acres Future Land Use Map (FLUM) Designation: Mixed-Use Residential Current Zoning District: R-3 (Single-Family) Existing Land Use: Vacant / Undeveloped Land B.DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive N/A C.SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Vacant / Undeveloped R-3 (Single-Family) South Residential B-2 (General-Business) East Light Industry M-1 (Light Industry) West Residential T-3 (Manufactured-Homes) DR A F T Taylor Ridge Preliminary Plat 1 Page 2 of 2 D. EVALUATION/COMMENTS: Street Connectivity: The proposed plat will connect to Hazel Street for each individual parcel. Hazel Street connects to Washington Ferry Road and Washington Ferry connects to County Road 4 to the south and Highway 82 Bypass to the north. Water/Sewer: Public water and sewer is available in the area. R-3 (Single-Family Residential) District Standards: Lot requirements for uses in R-3 zoning include the following: Staff Comments: The Preliminary Plat is proposing three single-family parcels on 0.76 acres of land the remaining fourth parcel will remain vacant. The land is currently vacant with undeveloped vegetation and trees. The parcels are surrounded by undeveloped land to the north, residential located south of the parcels, light industrial located to the east, and manufactured homes located to the west. The proposed plat will connect to Hazel Street for each individual parcel. Hazel Street connects to Washington Ferry Road and Washington Ferry connects to County Road 4 to the south and Highway 82 Bypass to the north. Public water and sewer are available in the area. Reviewed by: Tommie Williams, Planner Recommendation: Approve with Condition: Existing structure must be removed before approval of Final Plat DR A F T CO R D 4 E JEN S E N R D HWY 82 BYP E WA S H I N G T O N F E R R Y R D HAZEL ST LEWIS ST PE A G L E R S T LA N G F O R D C T LA N G F O R D D R PI C K E T T S T LANCELOT CIR GALAHAD DR HI L L S T OR T O N S T IP TRU C K L O O P SPRING S T HAL E Y C T MO O R E D R LA N G F O R D L N LO R E N S T INDUSTRIAL PARK RD ROC K I N G O T R A I L AB E C T SPRING HILL PARK HI L L S T L A N G F O R D C T Location Map - Taylor Ridge #1 ±0 2,0001,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T HAZEL ST WA S H I N G T O N F E R R Y R D Aerial Map - Taylor Ridge #1 ±0 200100 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T CO R D 4 E JEN S E N R D HAZEL ST WA S H I N G T O N F E R R Y R D LA N G F O R D C T HI L L S T SPRIN G S T MO O R E D R LA N G F O R D L N INDUSTRIAL PARK RD HA L E Y C T AB E C T OR T O N S T SPRING HILL PARK L A N G F O R D C T HI L L S T R-3 M-1 R-3 RD-1 B-1 M-1 B-2 T-2 F.A.R. RD-1 B-2 T-3T-1 Zoning Map - Taylor Ridge #1 ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T Cons_Green2 CO R D 4 E JEN S E N R D HAZEL ST WA S H I N G T O N F E R R Y R D LA N G F O R D C T HI L L S T SPRIN G S T MO O R E D R LA N G F O R D L N INDUSTRIAL PARK RD HA L E Y C T AB E C T OR T O N S T SPRING HILL PARK L A N G F O R D C T HI L L S T Future Land Use Map - Taylor Ridge #1 ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets DR A F T DR A F T DR A F T 1" 1/2 IRON 1" FLAT IRON 1" 1/2 IRON 1" 1/2 IRON PIPE REBAR CAP 25' SETBACK 25 ' S E T B A C K ILLEGIBLE PIPE BENT PIPE BENT 15 ' U T I L I T Y E A S E M E N T 15' UTILITY EASEMENT 2" AXLE TONY ALAN TAYLOR PETE TAYLOR, III JESSIE THOMAS PICKETT WAITES LLC P.O.C P.O.B HAZEL STREET, PRATTVILLE, AL 36067 333 COUNTY RD 4, PRATTVILLE, AL 36067 353 COUNTY RD 4, PRATTVILLE, AL 36067 WASHINGTON FERRY RD, PRATTVILLE, AL 36067 GEORGE SR & BARBARA J CYRUS 804 CO RD 21 N PRATTVILLE AL 36067 KEM R & DENNIS A MULLINS 521 WEATHERBY TRAIL PRATTVILLE AL 36067 KINEDYNE CORP. C/O MILTON D & MARY W HODGES 3050 COBBS FORD RD MILLBROOK AL 36054 26McQueen M O N T G O M E R Y , A L . 3 6 1 0 4 5 3 5 H E R R O N S T R E E T T E L . ( 3 3 4 ) 2 6 2 - 1 0 9 1 LA R R Y E . S P E A K S LA N D S U R V E Y O R S CO N S U L T I N G E N G I N E E R S AS S O C I A T E S , I N C . && TA Y L O R R I D G E PL A T N O . 1 PR A T T V I L L E , A L A B A M A SHEET 2 OF DR A W I N G T I T L E : PR E L I M I N A R Y P L A T Pr o j e c t N o . : Dw g N a m e : Sc a l e : Dr a w n B y : Re v i e w e d B y : Da t e I s s u e d : 19 4 0 4 19 4 0 4 . d w g 1" = 2 0 ' CG E GM G 07 / 2 1 / 2 0 2 2 RE V I S I O N S No . DE S C R I P T I O N DA T E TOTAL 8 N E S W NORTH AUTAUGA COUNTY, AL LOCATION MAP LOCATION PROPERTY 20 27 29 32 33 34 35 Dosterville MontgomeryCemeteryDS IP CS X T I N C NSR Y PRATTVILLE A U T A U G A CR EL M O R E C O U N T Y Washington Hill W Y SM SS W SS T MH P 1 CI T Y C O M M E N T S 8/ 3 1 / 2 2 \\ S 1 \ P r o j e c t s \ p r o j \ 1 9 4 0 4 \ d w g \ 1 9 4 0 4 - l a y o u t - r e v . d w g , 9 / 1 / 2 0 2 2 8 : 2 7 : 3 0 A M , H H H DR A F T Preliminary Plat for Sam Spencer 1 Page 1 of 2 Planning Commission Staff Report SUBDIVISION NAME: Preliminary Plat for Sam Spencer Plat No. 1 MEETING DATE: September 15, 2022 A. BACKGROUND: Applicant/Representative: O. Guthrie Jeffcoat Owner: Sam Spencer and City of Prattville Property Location: East side of Martin Luther King Jr Dr, north of Ridgewood Rd and south of Greencrest Ln Property Identification: Autauga County 19020420030010250, 19020420030010000, 19020420050030000, 19020420050020000 Property Size: 70 +/- Acres Future Land Use Map (FLUM) Designation: Medium Density Residential & Conservation/Greenspace Current Zoning District: R-2 Single Family Residential Existing Land Use: Single Family Residential/City Park B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive N/A DR A F T Preliminary Plat for Sam Spencer 1 Page 2 of 2 C. SURROUNDING LAND USE AND ZONING: D. EVALUATION/COMMENTS: Street Connectivity: Proposed subdivision fronts along Martin Luther King Jr Dr and Ridgewood Rd Water/Sewer: This site has access to existing municipal water and municipal sewer. R-2 Single Family Residential District Standards: Lot requirements for uses in R-2 Zoning include the following (Zoning Ordinance Article 4): MINIMUM SETBACKS AND YARD SIZES: • Front—35 feet • Rear—40 feet • Sides—10 feet MINIMUM/MAXIMUM LOT SIZE: • Minimum Area—10,500 square feet • Minimum Width at Building Line—75 feet • Maximum Lot Coverage—25 percent Staff Comments: The purpose of this preliminary plat is to begin the process of vacating the existing, unimproved right-of-way between the Spencer property and the City’s property (Mac Gray Park), and to reconfigure the location of the property line between the two after eliminating the ROW. No changes to the use of the land or other plans are anticipated at this time. Reviewed by: Scott Stephens, City Planner Recommendation: Approve Direction Land Use Zoning North Single Family Residential R-2 South City Park, Residential M-1, R-5, R-3 East Single Family Residential R-2 West Junior High School, Residential R-4 DR A F T N M E M O R I A L D R UPP E R K I N G S T O N R D POWELL RD MA R T I N L U T H E R K I N G J R D R D U R D E N R D GARDNER RD CAME L L I A D R MT A I R Y D R PA R K L N M I M O S A R D GREENCREST LN 10TH ST MA R L Y N D R LIVE OAK D R WO O D V A L E R D AZALEA DR PRIMR O S E D R OLD RIDGE RD E H W Y 3 1 N MAGN O L I A D R JOAN LN SH A D O W L N B R I D G E C R E E K R D N C O U R T S T RIDGEWOOD RD J A P O N I C A R D CA R V E R S T JORDAN CRS WA L K E R S T CEDAR DR WIL B E R F O R C E A V E CHERRY DR RUTH ST WYNWOOD DR HERITAGE HILLS DR LONG ST CROSS CREEK RD GRIFFITH AVEBU N C H E A V E HO L L Y C T WA L L A C E L N MELMAR DR SKIDMORE AVE GR E E N C R E S T S T HENDERSON L N DA N I E L D R L E X I N G T O N L N ESWICK DR HUGHES ST AV A L O N D R MA C G R A Y P A R K CAMILLE C V CONE ST KINGSTON PL 23RD S T WA V E R L Y L N BROOKWOOD DR JU D S O N S T MO N T A N A C T DURD E N R D Location Map - Sam Spencer #1 ±0 5,0002,500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T RIDGEWOOD RD JOAN LN MA R T I N L U T H E R K I N G J R D R JO N E S S T MA C G R A Y P A R K AUBURN RD LONG ST HUGHES ST AV A L O N D R WILBERFORCE AVE PRA T T V I L L E J U N I O R H I G H RI D G E W O O D R D Aerial Map - Sam Spencer #1 ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T N M E M O R I A L D R UP P E R K I N G S T O N R D POWELL RD GARDNER RD MA R T I N L U T H E R K I N G J R D R MT A I R Y D R PA R K L N M I M O S A R D GREENCREST LN CAME L L I A D R LIVE OAK DR AZALEA DR JOAN LN WO O D V A L E R D RIDGEWOOD RD J A P O N I C A R D CA R V E R S T BOX W O O D R D L I L A C D R WI L B E R F O R C E A V E CHERRY DR WYNWOOD DR FISK ST LONG ST DU N V E G A N D R GRIFFITH AVE BU N C H E A V E PRIMR O S E D R SKIDMORE AVE GR E E N C R E S T S T ISOM ST HENDERSON L N DA N I E L D R HUGHES ST AV A L O N D R MA C G R A Y P A R K AUBURN RD CAMILLE CV ST I R L I N G R D G CONE ST JU D S O N C T 23RD ST BROOKWOOD DR KINGSTON GARDEN RD LIV I N G S T O N C I R PRESTLEY ST RIDGEWOOD RD R-2 R-2 R-4 R-2 R-2 R-3 R-2 R-3 R-4 M-1 R-2 B-2 R-2 R-2 R-2 R-5 R-3 R-2 R-3 R-2 R-2 R-4 R-3 R-3 R-3 B-1 R-3 R-3 R-2 R-3 B-1 R-5 R-3 F.A.R.R-2 R-5 B-2 F.A.R. T-2 R-5 F.A.R. M-1 R-3 B-2 B-1 R-5 R-2 Zoning Map - Sam Spencer #1 ±0 4,0002,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T Cons_Green2 Cons_Green2 360033003000 27002400 2100 1800 1500 1200 900600300 N M E M O R I A L D R UP P E R K I N G S T O N R D POWELL RD GARDNER RD MA R T I N L U T H E R K I N G J R D R MT A I R Y D R PA R K L N M I M O S A R D GREENCREST LN CAME L L I A D R LIVE OAK DR AZALEA DR JOAN LN WO O D V A L E R D RIDGEWOOD RD J A P O N I C A R D CA R V E R S T BOX W O O D R D L I L A C D R WI L B E R F O R C E A V E CHERRY DR WYNWOOD DR FISK ST LONG ST DU N V E G A N D R GRIFFITH AVE BU N C H E A V E PRIMR O S E D R SKIDMORE AVE GR E E N C R E S T S T ISOM ST HENDERSON L N DA N I E L D R HUGHES ST AV A L O N D R MA C G R A Y P A R K AUBURN RD CAMILLE CV ST I R L I N G R D G CONE ST JU D S O N C T 23RD ST BROOKWOOD DR KINGSTON GARDEN RD LIV I N G S T O N C I R PRESTLEY ST RIDGEWOOD RD Future Land Use Map - Sam Spencer #1 ±0 4,0002,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets DR A F T DR A F T DR A F T LOCATIONPROPERTY  BEING A REALIGNMENT OF VALLEYVIEW DRIVE AND A REPLAT OF A PORTION OF LOTS 36, 37, 46-48 & 53 AND LOTS 38-45 & 54-77 OF THE AVALON PLACE PLAT AS RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE, AUTAUGA COUNTY, ALABAMA IN PB. 4 AT PAGE 120; ALSO A REPLAT OF A PORTION OF LOTS 32-35 OF THE "REPLAT OF LOTS 30-35, 43-48 OF THE AVALON PLAT PLAT" AS RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE, AUTAUGA COUNTY, ALABAMA IN PB. 3 AT PAGE 200 AND LYING IN THE NW 1/4 OF SECTION 4, T-17-N, R-16-E, AUTAUGA COUNTY, ALABAMA PRELIMINARY PLAT OF SAM L. SPENCER PLAT NO. 1 JEFFCOAT ENGINEERS & SURVEYORS, L.L.C. FAX: 334 265-1268 PHONE: 334 265-1246 928 S. HULL ST. TROY: 251 566-0030 CLANTON: 205 755-3677 SITE DATA 2 TOTAL LOTS - 69.07 Ac± 1 RESIDENTIAL - 26.68 Ac± 1 INSTITUTIONAL - 42.39 Ac± 0 L.F OF IMPROVED ROADWAY DR A F T Preliminary Plat for McClain Landing Phase 7 Page 1 of 2 Planning Commission Staff Report SUBDIVISION NAME: McClain Landing Phase 7 Preliminary Plat MEETING DATE: September 15, 2022 A. BACKGROUND: Applicant/Representative: Barrett-Simpson, Inc. Owner: H.D&D Land Company Property Location: West Side of McQueen Smith Road, South of Hwy 82 Property Identification: Autauga County 19062340000010000 Property Size: 38.75 Acres Future Land Use Map (FLUM) Designation: Medium-Density Residential Current Zoning District: R-3 (Single-Family Residential) Existing Land Use: Vacant / Undeveloped Land B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive 3/18/2021- Smith Property Sketch Plan C. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Residential R-3 / Vacant South General Business B-2 East Residential R-3 West General Business / Vacant B-2 DR A F T Preliminary Plat for McClain Landing Phase 7 Page 2 of 2 D. EVALUATION/COMMENTS: Street Connectivity: The proposed Preliminary Plat consists of three outlets. Two outlets are on McQueen Smith Road and one is located on Highway 31 (The Planning Department is still awaiting documentation from Stone Martin from ALDOT). There will be no outlet on to US Hwy 82. Water/Sewer: Public water and sewer is available R-3 (Single Family Residential) District Standards: Lot requirements for uses in R-3 zoning include the following: Staff Comments: The Preliminary Plat for McClain Landing Phase 7 proposes to subdivide 38.75 acres into 103 residential parcels. Additionally, this preliminary plat cuts out three commercial outparcels, one at the corner of Hwy 82 & 31, one at the corner of Hwy 82 & McQueen Smith Road, and one on the west of the parcel bordering Hwy 31. Public water and sewer are available. Street connectivity consists of three outlets. Two outlets are on McQueen Smith Road and one is located on Highway 31. There will be no outlet on to US Hwy 82. The proposed plat does match the fabric of the surrounding area. A residential neighborhood is located to the east and a 74 acre parcel zoned R-3 is located to the north. Reviewed by: Tommie Williams, Planner Recommendation: Approve DR A F T HWY 82 BYP E S M E M O R I A L D R MC Q U E E N S M I T H R D S BRAN D Y L N HE R M A N D R VIVID P L MAGGIE DR MCCLAIN DR SERE N I T Y D R HARE C I R LONG V I E W H E I G H T S R D WILDLIFE WAY BRAN D Y L N Aerial Map - McClain Landing #7 ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T HWY 82 BYP E S M E M O R I A L D R TERI LN DOSTER R D MC Q U E E N S M I T H R D S MU R F E E D R JANI C E S T SH E I L A B L V D JOYCE ST CO RD 4 E MCCLAIN DR MAGGIE DR BETH MANOR DR PI E R C E L N CORLEY R D TH A M E S D R HEDGEFIELD DR ANGELA S T DE N I S E D R BO W E N W A Y SCENIC D R S I N D U S T R I A L P A R K D R AMANDA LN SID THOM P S O N D R WILDLIFE WAY CYNTHIA ST HA R B I N D R DEBRA ST ROSEM A R Y L N IRM A L N DODG E R S D R MARIA N D R JE N N Y D R LE E A U D I S L N HEDGEFIEL D W Y AST R O S A V E BRAN D Y L N D O S T E R I N D U S T R I A L B L V D STANTON WY LENORE CT OVE R L O O K D R CAROLI N E D R HARE C I R HE R M A N D R YA N K E E S A V E PAT T I L P P I N E C R E E K R D IVEY CT DUNN LN ME T S C T EX P O S C T VIVID P L PH I L L I E S C T CO RD 4 E Location Map - McClain Landing #7 ±0 5,0002,500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T HWY 82 BYP E S M E M O R I A L D R JOYCE ST MU R F E E D R JANICE ST MCCLAIN DR MAGGIE DR PE A R L D R DE N I S E D R MC Q U E E N S M I T H R D S WILDLIFE WAY ANGELA S T HA R B I N D R DODG E R S D R LE E A U D I S L N ROSEM A R Y L N BRAN D Y L N STANTON WYAMANDA LN LENORE CT ALICE LNHARE C I R HE R M A N D R YA N K E E S A V E OL D Q U A R T E R S R D PAT T I L P RUFUS RD DUNN LN ME T S C T EX P O S C T PH I L L I E S C T SHEI L A B L V D SERE N I T Y D R TIFFA N Y D R BIG OAK DR PADR E S P L FLINT WILLIAMS AVE B-2 R-3 B-2 R-3 M-2 R-2 B-2 R-2 B-2 R-3 R-3 R-3 M-2 F.A.R. B-2 T-3 R-3 B-2 M-2 M-2 F.A.R. P.U.D. F.A.R. B-2 T-3 R-5 P.U.D. M-2 B-2 B-2 R-3 F.A.R. F.A.R. F.A.R. F.A.R. Zoning Map - McClain Landing #7 ±0 4,0002,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T Cons_Green2 Cons_Green2 HWY 82 BYP E S M E M O R I A L D R JOYCE ST MU R F E E D R JANICE ST MCCLAIN DR MAGGIE DR PE A R L D R DE N I S E D R MC Q U E E N S M I T H R D S WILDLIFE WAY ANGELA S T HA R B I N D R DODG E R S D R LE E A U D I S L N ROSEM A R Y L N BRAN D Y L N STANTON WYAMANDA LN LENORE CT ALICE LNHARE C I R HE R M A N D R YA N K E E S A V E OL D Q U A R T E R S R D PAT T I L P RUFUS RD DUNN LN ME T S C T EX P O S C T PH I L L I E S C T SHEI L A B L V D SERE N I T Y D R TIFFA N Y D R BIG OAK DR PADR E S P L FLINT WILLIAMS AVE Future Land Use Map - McClain Landing #7 ±0 4,0002,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets DR A F T HWY 82 BYP E S M E M O R I A L D R MC Q U E E N S M I T H R D S BRAN D Y L N HE R M A N D R VIVID P L MAGGIE DR MCCLAIN DR SERE N I T Y D R HARE C I R LONG V I E W H E I G H T S R D WILDLIFE WAY BRAN D Y L N Transparency Map - McClain Landing #7 ±0 1,000500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T DR A F T DR A F T 5 0 . 8 3 ' 59 . 9 9 ' 9 5 . 1 3 ' N73° 03' 5 6 " E 1 5 2 . 0 2 ' N73° 03' 5 6 " E N73° 03 ' 5 6 " E 1 2 4 . 5 2 ' N73° 03' 5 6 " E 6 1 8 . 9 8 ' 15 . 0 6 ' 118.23' 8 5 . 8 0 ' S 4 9 ° 0 4 ' 1 2 " E N73° 03' 5 6 " E 1 5 6 2 . 4 5 ' N1 6 ° 5 6 ' 0 4 " W N1 6 ° 5 6 ' 0 4 " W 71.45'S79° 03' 0 6 " E N72° 35' 0 1 " E 241.06' N88° 49' 45"E 506.69' 3 3 . 0 0 ' N84° 42' 13"E N73° 03 ' 5 6 " E 2 4 0 . 5 6 ' 44 . 1 9 ' 1. 8 4 ' Common Area/Detention U.S. Hig h w a y 8 2 ROW Va r i e s S o u t h M e m o r i a l D r i v e ( U . S . H i g h w a y 3 1 ) R O W V a r i e s N/F L&L Properties INC P O Box 270 Shorter, AL 36075 DEED NOT FOUND N/F Lions Pride Property INC 8095 Vaughn Road Montgomery, AL 36116 DEED NOT FOUND Lot 1 Amenity/ Common Area N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 149 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 150 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Maggie Drive 50' ROW McClain Drive 50' ROW Lot 148 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 146 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 145 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 144 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 143 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 142 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 141 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 140 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lo t 1 3 8 N/ F SM B L a n d , L L C 13 N 8 t h S t r e e t Op e l i k a , A L 3 6 8 0 1 13 N 8th Street Opelika, AL 36801 Mc C l a i n L a n d i n g P h a s e 1 MB : 2 0 2 0 P G : 1 4 Lot 147 N/F SMB Land, LLC McClain Landing Phase 1 MB:2020 PG:14 McClain Landing Phase 3 MB:2021 PG:17 McClain Landing Phase 1 MB:2020 PG:14 Lot 323 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 324 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 Lot 325 N/F SMB Land, LLC 13 N 8th Street Opelika, AL 36801 RO W RO W R O W Mc Q u e e n S m i t h R o a d (A u t a u g a C o u n t y R o a d 7 5 ) 80 ' R O W Lot 139 25 ' S e t b a c k 25 ' S e t b a c k 25' Setback 25' Setback 25' Setba c k 25' Setback 25' Setba c k 10' Public D.U.E 10' Public D.U.E 10' Public D.U.E 10' Public D.U.E 10' Public D.U.E 20 ' P r i v a t e Dr a i n a g e E a s e m e n t 20 ' P r i v a t e D r a i n a g e Ea s e m e n t 20' P r i v a t e Drai n a g e E a s e m e n t 20 ' P r i v a t e Dr a i n a g e E a s e m e n t 20 ' P r i v a t e Dr a i n a g e E a s e m e n t Wasden W a y 50' ROW Mead Street 72' ROW K a y c e D r i v e 50 ' R O W Tur k D r i v e 50' R O W M e a d S t r e e t 5 0 ' R O W Kayce Drive 50' ROW 20 ' P r i v a t e Dr a i n a g e E a s e m e n t ROW Existing 30' Alabama Power Line Easement (per Alabama Power Company - no documentation found or furnished) N/F City of Prattville 102 West Main Street Prattville, AL 36067 RLPY:2019 PG:6290 25' S e t b a c k N/F H D & D Land Company C/O David Smith 417 Liberty Lake Drive Birmingham, AL 35242 RLPY:53 PG:942 N/F State of Alabama Highway 31 South Prattville, AL 36067 DEED NOT FOUND N/F Rauls Romero Highway 31 & Junction 14 Prattville, AL 36067 DEED NOT FOUND Dunn Lane 24' ROW N/F Betty J Hubert 1390 Tiffany Drive Prattville, AL 36067 DEED NOT FOUND N/F Michael L & Donna D Smith 1416 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND N/F Vinson Family Enterprises LLC 1538 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND Lon g v i e w Hei g h t s R o a d 40' R O W N/F Bobby & Diana Marks 1430 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND N/F Michael S Vaughan 1420 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND N/F Jan T D a v i s 1691 S M e m o r i a l D r i v e Prat t v i l l e , A L 3 6 0 6 7 DEE D N O T F O U N D Bra n d y L a n e 40' R O W N/F Jan T Davis 1691 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND R O W N/F Jan T D a v i s 1691 S M e m o r i a l D r i v e Prat t v i l l e , A L 3 6 0 6 7 DEE D N O T F O U N D Bran d y L a n e 40' R O W N/F Jan T Davis 1465 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND N/F Jan T Davis 1456 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND N/F Roland L & Dixie W Hepburn 1390 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND N/F Janet Pierce C 1/2 INT& Stephen W Pierce 1504 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND N/F J Simmons Properties LLC 1534 S Memorial Drive Prattville, AL 36067 DEED NOT FOUND Scre n i l y D r i v e 30' R O W ROW R O W 20' Sanitary Sewer Easement (public) 498 499 401 501 446 445 444 443 Common Area 448 447 458 Common Area 494 495 496 497 Common Area 489 490 492 500 404 402 403 452 453 431 488 487 486 485 472 473 474 475 477 503 432 502 451 409 425 428 429 426 405 414 478 479 483 480 481 482 430 423 421 420 419 417 416 449 424 470 460 468 459 Common Area 466 465 464 463 462 471 461 467 406 413 422 427 469 410 450 411 491 484 476 493 418 435 442 434 441 440 439 438 437 436 408 407 415 433 454 456 457 455 412 S0 1 ° 1 0 ' 5 1 " E 1 0 4 1 . 6 6 ' 36 8 . 4 5 ' S0 1 ° 1 0 ' 1 5 " E 2 4 4 . 8 2 ' S0 1 ° 1 0 ' 1 5 " E 2 4 4 . 4 6 ' 60.00'60.00'60.00'43.92'C34 C33 C32 C3 1 60. 0 0 ' 60.0 0 ' 60. 0 0 ' 60. 0 0 ' 60. 0 0 ' 60.0 0 ' 40.4 1 ' 85.1 2 ' S40 ° 5 5 ' 4 8 " W 4 2 5 . 5 3 ' S32 ° 5 6 ' 5 1 " W 3 6 1 . 0 3 ' S2 2 ° 3 5 ' 5 1 " W 2 9 7 . 1 4 ' S1 2 ° 1 4 ' 5 1 " W 2 6 1 . 1 6 ' N0 1 ° 1 0 ' 1 5 " W 2 4 5 . 6 0 ' N0 1 ° 1 0 ' 1 5 " W 2 4 3 . 7 6 ' 60.00'60.00'60.00'60.00'110.45'114.14'130.11'105.12' 60. 0 0 ' 60.0 0 ' 60.0 0 ' 60.0 0 ' 60. 0 0 ' C30 S88° 29' 32"W 783.68' N0 1 ° 1 0 ' 1 5 " W 1 5 5 . 0 0 ' N0 1 ° 1 0 ' 1 5 " W 1 5 5 . 0 0 ' N0 1 ° 1 0 ' 1 5 " W 1 5 5 . 0 0 ' S0 0 ° 4 3 ' 1 7 " W 6 8 6 . 2 4 ' S0 1 ° 0 9 ' 1 1 " E 1 5 4 . 0 8 ' N0 1 ° 1 0 ' 1 5 " W 2 4 4 . 1 1 ' 13 0 . 9 0 ' 15 5 . 0 0 ' 34.84' 28.29' 89. 2 5 ' S63 ° 5 8 ' 4 6 " E N88° 49' 45"E 265.98' S 4 9 ° 0 4 ' 1 2 " E 3 7 3 . 2 0 ' 16.0 2 ' 45. 5 2 ' N0 1 ° 1 0 ' 1 5 " W N40 ° 5 5 ' 4 8 " E N40 ° 5 5 ' 4 8 " E N40 ° 5 5 ' 4 8 " E N40 ° 5 5 ' 4 8 " E N40 ° 5 5 ' 4 8 " E 1 5 5 . 0 0 ' N40 ° 5 5 ' 4 8 " E 155 . 0 0 ' 57 . 1 8 ' 6 0 . 0 0 ' 60 . 0 0 ' 6 0 . 0 0 ' 60 . 0 0 ' 6 0 . 0 0 ' 155 . 0 0 ' N40 ° 5 5 ' 4 8 " E 7. 1 3 ' 63 . 7 2 ' C35 80.00'60.00'60.00'32.52' C36C37 31 . 1 4 ' 80.00'60.00'60.00' C 3 8 40.28' 60 . 0 0 ' 6 0 . 0 0 ' 60 . 0 0 ' 6 0 . 0 0 ' 6 0 . 0 0 ' 6 0 . 0 0 ' 4 0 . 0 0 ' 59 . 9 9 ' 6 0 . 0 1 ' 8 0 . 0 0 ' 60 . 0 0 ' 3 4 . 0 1 ' C 3 9 5 1 . 6 5 ' C41 15 . 4 1 ' 60 . 0 0 ' 6 0 . 0 0 ' 6 0 . 0 0 ' 60 . 0 0 ' 60 . 0 0 ' 6 0 . 0 0 ' 6 0 . 0 0 ' 60 . 0 0 ' 60 . 0 0 ' 6 0 . 0 0 ' 6 0 . 0 0 ' 60 . 0 0 ' 7 1 . 2 0 ' C28 3 9 . 3 2 ' 6 0 . 0 0 ' C2 9 149 . 9 8 ' S 4 9 ° 0 1 ' 3 5 " E S 4 9 ° 0 1 ' 3 5 " E S 4 9 ° 0 1 ' 3 5 " E S 4 9 ° 0 1 ' 3 5 " E S4 9 ° 0 1 ' 3 5 " E S 4 9 ° 0 1 ' 3 5 " E 1 8 5 . 8 2 ' 10 0 . 0 5 ' S88° 49' 45"W 231.05' N88° 49' 45"E 234.36' N 4 9 ° 0 4 ' 1 2 " W 1 7 4 . 9 7 ' N 4 9 ° 0 4 ' 1 2 " W 7 3 4 . 2 9 ' S 4 9 ° 0 4 ' 1 2 " E 4 5 9 . 3 2 ' N40 ° 5 5 ' 4 8 " E 1 7 5 . 0 0 ' N40 ° 5 5 ' 4 8 " E 1 2 7 . 3 4 ' N40 ° 5 5 ' 4 8 " E S40 ° 5 5 ' 4 8 " W S40 ° 5 5 ' 4 8 " W S40 ° 5 5 ' 4 8 " W S40 ° 5 5 ' 4 8 " W 175 . 0 0 ' S40 ° 5 5 ' 4 8 " W S40 ° 5 5 ' 4 8 " W N44 ° 3 4 ' 4 1 " E 1 7 6 . 0 2 ' N54° 2 2 ' 4 1 " E 1 8 9 . 1 0 ' N63° 5 2 ' 4 1 " E 2 1 7 . 9 7 ' S73° 03' 5 6 " W 2 6 7 . 4 9 ' S73° 03 ' 5 6 " W 3 0 5 . 1 8 ' N40 ° 5 7 ' 3 6 " E 2 4 9 . 9 6 ' S40 ° 5 7 ' 1 1 " W 2 5 0 . 0 3 ' N 4 9 ° 0 4 ' 1 2 " W 3 9 9 . 9 8 ' 83 . 7 3 ' 9 2 . 1 4 ' 70 . 8 6 ' 1 0 6 . 2 0 ' 29 . 9 7 ' 14.4 2 ' 15. 4 4 ' C20 160.18'47 . 0 5 ' 9.37' C21 C22 60.00' 53.91' C2 4 1 7 3 . 4 2 ' 85.00' C23C 1 9 C1 8 1 9 7 . 2 6 ' C 2 7 C 2 6 C 2 5 60 . 0 0 ' 3.23' 3.95' S30 ° 5 2 ' 0 0 " W 2 0 9 . 4 4 ' N 1 6 ° 5 6 ' 0 4 " W 1 7 3 . 7 6 ' N 1 6 ° 5 6 ' 0 4 " W 1 9 7 . 8 8 ' S74° 10' 0 0 " W 1 6 3 . 3 2 ' N1 6 ° 5 6 ' 0 4 " W 2 3 6 . 6 5 ' N 1 6 ° 5 6 ' 0 4 " W 2 3 6 . 6 5 ' S 4 9 ° 0 9 ' 0 7 " E 5 2 7 . 9 1 ' S0 1 ° 4 4 ' 1 1 " E 1 5 3 . 9 7 ' S83° 59' 59"W 415.0 5 ' N80° 44' 47"E 61.14' N75° 36' 5 5 " E 2 5 1 . 4 5 ' 136.35' 1 5 3 . 4 1 ' C17 60.00' 17 5 . 0 0 ' C15 C16 60.00' 1 7 5 . 0 0 ' 60.00' 60.00' 1 7 5 . 0 0 ' 60.00' 60.00' 60.00' 80.00' 80.00' 60.00' 60.00' 60.01' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' C14 41.05' 92.40' C12 C13 C11 196.58' 19 4 . 4 9 ' 134.90' C 1 0 16 1 . 1 6 ' 18 3 . 4 7 ' C9 46 . 0 4 ' 24.12' 73.91'40.89' 1 5 5 . 6 1 ' C8 10.23' C6 C7 7.59' 43.9 1 ' 18.71' 60.00' 60.00' C 4 6 7 . 9 8 ' C5 54.29' 73.31' 71.86' C4 3 6 7 . 9 8 ' C4 4 1 5 0 . 0 0 ' 96.85' 1 7 . 9 3 ' N 4 7 ° 3 1 ' 0 9 " W 1 8 2 . 3 2 ' N1 6 ° 5 6 ' 0 4 " W N 1 6 ° 5 6 ' 0 4 " W N1 6 ° 5 6 ' 0 4 " W N1 6 ° 5 6 ' 0 4 " W N74° 31' 1 8 " E 247.45' 17 5 . 0 0 ' N1 6 ° 5 6 ' 0 4 " W N 1 6 ° 5 6 ' 0 4 " W N1 6 ° 5 6 ' 0 4 " W N 1 6 ° 5 6 ' 0 4 " W N1 6 ° 5 6 ' 0 4 " W N 1 6 ° 5 6 ' 0 4 " W N0 2 ° 3 5 ' 2 7 " W 1 5 6 . 4 4 ' S39 ° 4 7 ' 2 7 " W 2 3 0 . 7 8 ' S83° 25' 07"W N5 3 ° 1 2 ' 3 3 " W N1 6 ° 5 6 ' 0 4 " W N 1 6 ° 5 6 ' 0 4 " W 1 5 0 . 0 0 ' N1 6 ° 5 6 ' 0 4 " W 20' N88° 49' 45"E 148.27' S0 1 ° 1 0 ' 1 5 " E 1 8 1 . 1 5 ' N88° 49' 45"E 237.47' S88° 49' 45"W 182.28' S53° 5 1 ' 3 0 " W 1 5 9 . 8 1 ' S44 ° 0 1 ' 0 6 " W 1 5 3 . 8 0 ' S34 ° 1 1 ' 0 3 " W 1 5 6 . 4 4 ' S2 4 ° 2 1 ' 0 0 " W 1 7 3 . 8 5 ' S1 4 ° 3 0 ' 5 7 " W 2 0 8 . 8 4 ' S0 3 ° 4 1 ' 0 8 " W 1 7 3 . 7 4 ' N0 1 ° 1 0 ' 1 5 " W S27 ° 2 6 ' 1 6 " W 156 . 1 0 ' 172.33'65.14'C1 C2 C 3 C50 C49 C4 8 C4 7 C 4 6 C 4 5 C51 60.00'60.00'60.00'42.20' 60.00'60.00'60.00' N0 1 ° 1 0 ' 1 5 " W 1 5 2 . 4 5 ' S0 1 ° 1 0 ' 1 5 " E 1 5 2 . 4 5 ' N0 1 ° 1 0 ' 1 5 " W 1 5 2 . 4 5 ' 53.24' 7.95' 60.00'60.00'60.00'60.00'60.00'60.00'60.00'60.00' 26.69' N0 1 ° 1 0 ' 1 5 " W 1 5 2 . 4 5 ' N0 1 ° 1 0 ' 1 5 " W 1 6 3 . 6 3 ' N0 1 ° 1 0 ' 1 5 " W N0 1 ° 1 0 ' 1 5 " W 1 6 7 . 4 5 ' N0 1 ° 1 0 ' 1 5 " W 1 6 7 . 4 5 ' 18.21' N88° 49' 45"E 193.54' 16 7 . 4 5 ' 5. 5 9 ' S88° 49' 45"W 237.47' 71.85' 96.85' 1 2 5 . 0 0 ' C42 6 0 . 0 0 ' 6 0 . 0 0 ' 16.47' 22.51' 6 0 . 0 0 ' S40 ° 5 5 ' 4 8 " W 1 7 5 . 0 0 ' 11.91' N 1 6 ° 5 6 ' 0 4 " W 1 5 0 . 0 0 ' N40 ° 5 5 ' 4 8 " E N40 ° 5 5 ' 4 8 " E N70° 1 3 ' 5 6 " E N73° 03 ' 5 6 " E S 4 9 ° 0 1 ' 3 5 " E 7 8 4 . 4 8 ' 4 9 4 . 9 8 ' 15 . 2 7 ' 16 7 . 4 5 ' N0 1 ° 1 0 ' 1 5 " W S0 1 ° 1 0 ' 1 5 " E 11 7 . 2 6 ' N0 1 ° 1 0 ' 1 5 " W 4 4 9 . 4 3 ' N72° 25 ' 4 2 " E 1 7 0 . 3 8 ' N73° 25 ' 4 0 " E 2 9 2 . 1 6 ' 47 . 7 4 ' 138 . 1 3 ' S66 ° 0 2 ' 3 6 " E 1 5 3 . 1 9 ' S88° 47' 27"W 154.97' S0 1 ° 0 7 ' 5 3 " E 1 8 1 . 0 7 ' 138.75' 19 . 7 2 ' S0 0 ° 0 2 ' 4 2 " E 1 3 4 . 9 6 ' 16 . 2 2 ' S0 0 ° 0 2 ' 4 2 " E 3 4 0 . 4 6 ' S0 1 ° 0 8 ' 2 5 " E 3 0 8 . 4 2 ' N88° 47' 11"E 155.04' 135.32' L1 16 6 . 4 1 ' 175 . 0 0 ' 175 . 0 0 ' 175 . 0 0 ' 175 . 0 0 ' S40 ° 5 8 ' 2 5 " W 3 7 5 . 3 4 ' S40 ° 5 8 ' 2 5 " W 3 7 5 . 4 1 ' S40 ° 5 5 ' 4 8 " W 175 . 0 0 ' 175 . 0 0 ' L2 L3 L4 L 5 L6L7 12.82' N1 6 ° 5 6 ' 0 4 " W 17 5 . 0 0 ' 1 7 5 . 0 0 ' 1 7 5 . 0 0 ' 1 7 5 . 0 0 ' 17 5 . 0 0 ' 1 6 9 . 4 3 ' 25 . 6 2 ' L9 25.34' N78° 28' 30 " E 28.65' 23.12' 1 7 5 . 0 0 ' S0 1 ° 0 8 ' 3 9 " E 1 2 8 . 5 3 ' 20.0' 20' Sanita r y S e w e r Easemen t ( p u b l i c ) 20 . 0 ' 101.90' N73° 03' 5 6 " E 20.0' N49° 5 4 ' 0 8 " E 175 . 0 0 ' 173 . 7 6 ' 175 . 0 0 ' 175 . 0 0 ' 145.28' 96.84' N37° 49' 30"E 33.49' N72° 24' 2 5 " E 253.45' N72° 25 ' 4 2 " E 79.81' 17 9 . 4 2 ' 18 5 . 5 9 ' 18 5 . 6 4 ' 1 8 5 . 6 8 ' 18 5 . 7 3 ' 18 5 . 7 7 ' 165 . 9 3 ' 155 . 0 0 ' 155 . 0 0 ' 155 . 0 0 ' N40 ° 5 5 ' 4 8 " E 1 5 5 . 0 0 ' 97 . 8 2 ' L8 S0 0 ° 0 2 ' 4 2 " E L12 225 . 3 6 ' 1 6 0 . 5 5 ' 173. 7 6 ' C 4 0 163.59' 32.33' 49 . 8 0 ' 8 2 . 3 5 ' 8 0 . 0 0 ' 31.02' L 1 0 145.28' 150.32' 15 0 . 0 0 ' 53.89' L1 1 1 6 0 . 8 5 ' 60 . 0 1 ' 8 4 . 8 9 ' 1 0 0 . 0 0 ' N 2 3 ° 4 0 ' 3 4 " W 3 8 6 . 2 4 ' 1 7 9 . 6 1 ' 338.88' Hig h w a y 8 2 S M e m o r i a l D r i v e Mc Q u e e n S m i t h R o a d S Alaba m a River SITE I n t e r s t a t e 6 5 Lot Table Lot # 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 Acres 1.03 0.72 0.33 0.30 0.35 0.27 0.21 0.21 0.41 0.32 0.39 0.53 0.26 0.24 0.24 0.24 0.24 0.24 0.24 0.32 0.24 0.24 0.24 0.23 0.32 0.72 0.41 0.54 0.25 0.38 0.39 0.41 Square Footage 44,844 31,198 14,310 13,251 15,279 11,646 9,000 9,142 18,054 13,891 16,943 23,127 11,253 10,466 10,500 10,500 10,500 10,500 10,500 14,000 10,500 10,500 10,500 10,130 13,895 31,395 18,033 23,582 10,957 16,730 17,180 17,987 Lot Table Lot # 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 Acres 0.33 0.30 0.26 0.24 0.24 0.24 0.24 0.24 0.24 0.34 0.17 0.26 0.26 0.26 0.26 0.26 0.36 0.77 0.63 0.50 0.48 0.34 0.34 0.34 0.34 0.16 0.09 0.28 0.21 0.21 0.22 0.29 Square Footage 14,279 12,887 11,488 10,500 10,500 10,500 10,500 10,500 10,500 14,732 7,198 11,148 11,145 11,142 11,140 11,137 15,648 33,676 27,330 21,972 21,008 14,702 14,678 14,657 14,636 7,110 4,138 12,400 9,300 9,300 9,449 12,471 Lot Table Lot # 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 Acres 0.22 0.21 0.21 0.21 0.21 0.21 0.21 0.24 0.24 0.32 0.24 0.25 0.26 0.22 0.20 0.33 0.33 0.33 0.28 0.25 0.24 0.26 0.31 0.32 0.23 0.23 0.23 0.23 0.22 0.21 0.21 0.21 Square Footage 9,552 9,300 9,300 9,300 9,300 9,300 9,300 10,499 10,501 14,000 10,500 11,084 11,426 9,383 8,717 14,393 14,527 14,490 12,223 10,907 10,621 11,445 13,677 13,798 10,047 10,047 10,047 10,013 9,438 9,147 9,147 9,147 Lot Table Lot # 497 498 499 500 501 502 503 Acres 0.07 4.59 0.16 5.68 0.05 2.98 4.25 Square Footage 3,203 200,140 6,992 247,336 1,971 129,770 185,343 Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 Arc Length 23.31' 114.00' 161.56' 57.44' 39.27' 27.55' 28.84' 42.17' 37.96' 37.96' 36.98' 51.87' Radius 275.00' 275.00' 275.00' 275.00' 25.00' 35.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' Chord Bearing S88° 44' 33"E S74° 26' 18"E S45° 43' 55"E N22° 55' 05"W N28° 03' 56"E S84° 23' 06"E S78° 21' 38"E N60° 57' 09"E N15° 02' 27"E N28° 27' 33"W N71° 24' 00"W S57° 41' 16"W Chord Distance 23.30' 113.19' 159.24' 57.33' 35.36' 26.84' 28.44' 40.93' 37.06' 37.06' 36.15' 49.58' Curve Table Curve # C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 Arc Length 7.53' 20.02' 27.55' 20.79' 45.25' 50.89' 37.79' 35.81' 45.26' 21.42' 6.13' 39.27' Radius 35.00' 35.00' 35.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 35.00' 35.00' 25.00' Chord Bearing S34° 07' 40"W S56° 40' 38"W N84° 23' 06"W N73° 44' 55"W S68° 24' 35"W S13° 19' 26"W S37° 29' 00"E S79° 39' 13"E N53° 53' 46"E N45° 30' 08"E N68° 03' 07"E S61° 56' 04"E Chord Distance 7.51' 19.75' 26.84' 20.64' 43.73' 48.72' 36.89' 35.05' 43.73' 21.09' 6.12' 35.36' Curve Table Curve # C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 Arc Length 52.11' 53.89' 55.59' 20.69' 39.29' 39.25' 41.80' 54.19' 54.19' 54.17' 16.09' 27.53' Radius 325.00' 325.00' 325.00' 325.00' 25.00' 25.00' 300.00' 300.00' 300.00' 300.00' 300.00' 250.00' Chord Bearing S21° 31' 42"E S30° 52' 19"E S40° 31' 19"E S47° 14' 46"E S04° 02' 53"E S85° 57' 07"W S53° 03' 40"E S62° 13' 39"E S72° 34' 39"E S82° 55' 31"E S89° 38' 04"E S88° 00' 57"E Chord Distance 52.06' 53.83' 55.52' 20.69' 35.37' 35.34' 41.76' 54.12' 54.12' 54.10' 16.09' 27.52' Curve Table Curve # C37 C38 C39 C41 C42 C43 C44 C45 C46 C47 C48 C49 Arc Length 136.43' 19.74' 43.06' 13.60' 39.27' 39.27' 57.32' 51.63' 55.82' 55.78' 55.78' 55.78' Radius 250.00' 250.00' 275.00' 275.00' 25.00' 25.00' 325.00' 325.00' 325.00' 325.00' 325.00' 325.00' Chord Bearing S69° 13' 39"E S51° 19' 55"E S44° 35' 02"E S18° 21' 04"E N28° 03' 56"E S61° 56' 04"E S21° 59' 13"E S31° 35' 26"E S41° 03' 42"E S50° 53' 55"E S60° 43' 59"E S70° 34' 02"E Chord Distance 134.74' 19.73' 43.02' 13.60' 35.36' 35.36' 57.24' 51.58' 55.75' 55.71' 55.71' 55.71' Curve Table Curve # C50 C51 Arc Length 52.96' 36.02' Radius 325.00' 325.00' Chord Bearing S80° 09' 10"E S87° 59' 45"E Chord Distance 52.90' 36.00' Line Table Line # L1 L2 L3 L4 L5 L6 Length 35.36 35.36 35.93 34.77 28.28 30.00 Direction S04° 01' 34.65"E S85° 58' 25.35"W S45° 13' 28.97"E N44° 46' 31.03"E S44° 16' 43.00"E S00° 43' 17.00"W Line Table Line # L7 L8 L9 L10 L11 L12 Length 22.36 35.29 35.15 48.86 71.91 32.01 Direction S64° 09' 22.82"W S45° 36' 28.32"E S44° 23' 31.68"W S39° 07' 05.52"E N16° 56' 04.34"W N00° 02' 41.69"W N SHEET NUMBER PROJECT NUMBER DATE © 2022 BARRETT-SIMPSON, INC. These drawings are protected under The Copyright Act of 1976 and may not be reproduced in any form without the expressed written permission of Barrett- Simpson, Inc. APPROVED BY: REVIEWED BY: FIELD BY: DRAWN BY:MCM WHP JSH JAH 08 AUGUST, 2022 20-0372 08/12/2021 PR E L I M I N A R Y PL A T SM B L A N D , L L C 04/02/2021 08/12/2021 08/12/2021 C3 Dr a w i n g N a m e : S : \ S 2 0 2 0 \ 2 0 - 0 3 7 2 S M B - M c Q u e e n S m i t h 2 - P r a t t v i l l e \ d w g \ P R E L I M I N A R Y P L A T . d w g L a s t M o d i f i e d : A u g 1 1 , 2 0 2 2 - 4 : 2 8 p m b y b s i s e BA R R E T T - S I M P S O N , I N C . E n g i n e e r s & L a n d S u r v e y o r s 70 6 1 2 t h S T R E E T , P H E N I X C I T Y , A L 3 6 8 6 8 ( P H 3 3 4 - 2 9 7 - 2 4 2 3 , F A X 3 3 4 - 2 9 7 - 2 4 4 9 ) 12 1 W . B R O A D S T R E E T , E U F A U L A , A L 3 6 0 2 7 ( P H 3 3 4 - 6 8 7 - 4 2 5 7 , F A X 3 3 4 - 6 8 7 - 8 8 2 9 ) 22 3 S O U T H 9 t h S T R E E T , O P E L I K A , A L 3 6 8 0 1 ( P H 3 3 4 - 7 4 5 - 7 0 2 6 , F A X 3 3 4 - 7 4 5 - 4 3 6 7 ) N Barscale 1" = 120' 0'120'120'240' PB: PG: DB: (typ.) ( R ) LEGEND Deed Book Plat Book Page Record Distance or Bearing Typical Example Not to Scale N/F Now or Formerly D.U.E Drainage & Utility Easement OHU Overhead Utility Line w/Pole Guy Wire CERTIFICATE OF PUBLIC WORKS DEPARTMENT The undersigned, as authorized by the Public Works Department, Prattville, Alabama hereby accepts the within plat for the recording of the same in the Probate Office of Autauga County, Alabama, this the __________ day of ____________________ 2022. _______________________________ Public Works Department CERTIFICATE OF THE CITY ENGINEER CITY OF PRATTVILLE The undersigned, as the City Engineer of the City of Prattville, Alabama, hereby accepts the within plat for the recording of the same in the Probate Office of Autauga County, Alabama, this the __________ day of ____________________, 2022. _______________________________ City Engineer Prattville, Alabama CERTIFICATE OF APPROVAL BY THE DIRECTOR OF PLANNING & DEVELOPMENT CITY OF PRATTVILLE The undersigned, as Director of Planning and Development of the City of Prattville, Alabama, hereby accepts the within plat for the recording of the same in the Probate Office of Autauga County, Alabama, this the __________ day of ____________________, 2022. _______________________________ Director of Planning and Development Prattville, Alabama CERTIFICATE OF THE WATER WORKS BOARD CITY OF PRATTVILLE The undersigned, as authorized by the Water Works Board of the City of Prattville, Alabama, hereby accepts the within plat for the recording of the same in the Probate Office of Autauga County, Alabama, this the __________ day of ____________________, 2022. _______________________________ Water Works Board Prattville, Alabama CERTIFICATE OF COUNTY HEALTH DEPARTMENT The undersigned, as authorized by the Autauga County Health Department, Alabama hereby accepts the within plat for the recording of the same in the Probate Office of Autauga County, Alabama, this the __________ day of ____________________ 2022. _______________________________ Health Officer SURVEYOR'S CERTIFICATE I, Jonathan A. Ham, a Professional Land Surveyor in the State of Alabama hereby certify that I have surveyed the property of SMB Land, LLC, shown hereon as McQueen Smith Subdivision and situated in Autauga County, Alabama. And that the plat or map contained here is a true and correct map showing the subdivision into which the property described is divided, giving the length and bearings of the boundaries of each lot and its number and showing the streets, alleys and public grounds and giving the bearings, length, width, and name of the streets; said map further shows the relation to the land so platted to the Government Survey, and that permanent monuments have been placed at points marked (O) as hereon shown; that all parts of this survey and drawing have been completed in accordance with the current requirements of the Standards of Practice in the State of Alabama. ____________________________________________ ____________________ Jonathan A. Ham, P.L.S. Date Alabama Registration No. 34761 DEDICATION STATE OF ALABAMA COUNTY OF LEE I, Nick Howard, as Chief Financial Officer of SMB Land, LLC, an Alabama Limited Liability Company, and the owners of the property as shown hereon, have caused the land embraced in the within plat to be surveyed, laid out, and plotted to be known as McQueen Smith Subdivision; said subdivision lying in part of Section 23, Township 17 North, Range 16 East, Autauga County, Alabama. Easements and right-of-way as shown on said plat, if not previously dedicated, are hereby tendered to the use of the public. ______________________________________________________ Nick Howard Date Chief Financial Officer NOTARY STATE OF ALABAMA __________ COUNTY I, __________________________, a Notary Public in and for said County, in said State, hereby certify that Nick Howard, whose name is signed to the foregoing conveyance, and is known to me, acknowledged before me on this day, that being informed of the contents of the instrument, executed the same voluntarily. GIVEN under my hand and official seal this ____ day of _________________, 2022. ________________________________________________________ Notary Public My Commission Expires PROFESSIONAL ENGINEER'S CONSTRUCTION CERTIFICATE I, M. Blake Rice, a Professional Engineer licensed in the State of Alabama, License Number 29610, do hereby certify that all facilities to be dedicated for public maintenance in McClain Landing 7 have been designed under my supervision according to the preliminary plat approved by the Prattville Planning Commission on _/_/_. I further certify that all required Federal and State of Alabama permits were obtained and complied with during the construction of this plat. __________________________________________________________________ M. Blake Rice, P.E. Alabama Registration No. 29610 Date NOTES 1. Survey North is Grid North based upon NAD83 State Plane Coordinates, Alabama West Zone, US FOOT, RTK GPS using ALDOT CORS as reference. 2. Basis for Survey: -Boundary Survey for HD&D Land Company, signed by Shawn Yuhasz, AL REG. 31152-S, dated June 9, 2021 3. According to the FEMA FIA NFIP Flood Insurance Map (FIRM), Map No. 01001C0358E & 01001C0366E, effective September 3, 2014, the subject property is located: -Zone X (Not Shaded) - Areas determined to be outside the 0.2% annual chance floodplain. 4. Plat Data: Total Number of Lots: 103 Area of Largest Lot: 5.68 Acres (247,336 Sq. Ft.) (Lot 500) Area of Smallest Lot: 0.05 Acres (1,971 Sq. Ft.) (Lot 501) Total Acreage: 51.71 Acres (2,252,539 Sq. Ft.) 5. There is a ten (10) foot public drainage & utility easement along the right-of-ways of each lot. 6. This survey was made without the benefit of an attorney's title opinion of title commitment. The surveyor's search of public records was limited to those matters affecting the boundaries of the subject property only. There may be matters of record, such as conveyances, easements, rights-of-way, etc., that affect the title to the subject property which are not known to the surveyor and not disclosed by this survey. 7. There was no attempt in the field to determine the location of or the extent of possible encroachments beneath the surface. 8. This drawing becomes void if any alterations or changes are made by others. 9. This drawing may not be altered or added to without permission from Barrett-Simpson, Inc. 10. All lots in this subdivision shall be subject to, held and shall be held, conveyed, hypothecated or encumbered, used, occupied and improved subject to the covenants and restrictions recorded in the Office of the Judge of Probate of Autauga County, Alabama in RLPY Book 2020 at Page 5720, as amended, which shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in and to the lots set forth on this plat. 11. All future transferees of the Property shall be subject to the restrictive covenant that they will construct, maintain, repair, and reconstruct the BMPs in conformation with the applicable laws, the Permit, and any Agreement executed in conjunction with the development subject to this plat. Such restrictive covenants shall run with the land, provided however, that the approval of the Administrator, the Developer may transfer all responsibilities and obligations, hereunder, to another entity having the legal and financial ability and authority to assure fulfillment of Developer's responsibilities under the Permit and this Agreement. VICINITY MAP (not to scale) THIS IS NOT A PROPERTY BOUNDARY SURVEY. This drawing is for information purposes only. The purpose of this plat is to show preliminary lot layout for new subdivision construction. Lots shown are subject to change. 1 REVISION: Mc C l a i n L a n d i n g Ph a s e 7 9/30/21 - MCM/JSH Revisions per City Comments 2 11/15/21 - JSH Revisions per City Comments 3 08/11/22 - CEF Lot Layout Changes Preliminary Date: 08/11/2022 DR A F T Page | 1 Planning Commission Staff Report Zoning Map Amendment ZONING MAP AMENDMENT REQUEST: Proposed Zoning Map Amendment: F.A.R, R-2, & B-2 to R-3 (Single Family) MEETING DATE: September 15, 2022 A. BACKGROUND: Applicant/Representative: Flowers & White Engineering, LLC, Owner: Carolyn Peddy Bryan, et al Property Location: East of Highland Ridge Subdivision Property Identification: Autauga County: 19011220010010000, 19011210010010000, 19011210010010010 Elmore County: 26030700010130000, 26030700010130010, 26030700010120000, 26030700010110000, Property Size: 115.62 acres Future Land Use Map (FLUM) Designation: Low-Density Residential & Medium Density Current Zoning District: F.A.R, R-2, & B-2 Proposed Zoning District R-3 (Single Family) Existing Land Use: Vacant/Undeveloped B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive None Known DR A F T Page | 2 C. SURROUNDING LAND USE AND ZONING: D. COMMENTS: Proposed Use: The applicant is requesting to rezone 115.62 acres located east of Highland Ridge Subdivision and west of Old Farm Lane. The applicant proposes to build 315 residential homes*. *The applicant has provided a sketch plan along with the rezoning application. The sketch plan is only being considered as a conceptual plan showing general ideas for development of the subject property. Staff has not evaluated the sketch plan for compliance with the Zoning Ordinance, Subdivision Regulations, Fire Code, or other applicable codes or regulations. Street Connectivity: The subject area connects to Wee Lovett Drive and the Exchange North Water/Sewer: Public water and sewer is available in the area E. COMPREHENSIVE PLAN: The subject site has a Future Land Use Map (FLUM) designation of Commercial On April 15, 2021, the Planning Commission adopted an updated Prattville Comprehensive Plan. The Future Land Use Plan and Map in Land Use + Transportation section (pg. 40) of the document shows the subject parcel is primarily Low Density & Medium Density Residential and surrounded by Medium Density Residential to the north, south, east, and west. PLANNING STAFF EVALUATION: It is the belief of the Planning Department that when these parcels of land were annexed into the City of Prattville they were given F.A.R zoning, which was standard at that time. Today, we give a pre-zoning when annexing land so that the Planning Commission when recommending an annexation can also recommend zoning based on the land use and surrounding zoning. The applicant is requesting to rezone 115.62 acres of property from F.A.R, R-2, & B-2 to R-3 (Single-Family Residential) located east of Highland Ridge Subdivision. The county line lies within this development and the Direction Land Use Zoning North Vacant/Undeveloped F.A.R (Forest, Agriculture, & Recreation) South Commercial & Multi-Family B-2 (General-Business) & R-4 (Multi-Family) East Vacant/Undeveloped & Multi-Family B-2 (General-Business), R- 4 (Multi-Family) & R-3 (Single-Family) West Residential R-3 (Single-Family) & R-4 (Multi-Family) DR A F T Page | 3 applicant should ensure that enough land is established on either side to conform to the lot requirements listed in the Subdivision Regulations, if and when further subdivision occurs. The Future Land Use Map has this area designated as primarily Low Density Residential and Medium Density area. According to Project Prattville 2040, Low Density Residential includes single-family detached houses on relatively large lots, generally 3-4 homes per acre. Low-density residential areas are typically located where the street network is relatively sparse and access to other public infrastructure and services is more limited. From Project Prattville 2040, Medium Density Residential includes single-family detached homes with moderate lot sizes, generally 4-5 units per acre. These areas are typically located convenient to business areas and public facilities and services and where the existing and planned street network and other infrastructure are more robust. The included sketch plan has not been evaluated fully by staff and is not binding. However, the proposed layout indicates 2.7 homes per acre (315 homes / 115.62 acres = 2.7 homes per acre). This is likely due to the existence of a stream (Fay Branch) on the site and the topography. Without consideration to topography or other design concerns, R-3 zoning could allow between 5.3 homes per acre (front loaded house design) to 6.2 homes per acre (rear loaded design). The submitted sketch plan indicates an overall density of 2.7 homes per acre, however the sketch plan is not binding and a later submitted master plan or preliminary plat could have a different design. Reviewed by: Tommie Williams, Planner Recommendation: Approve. Zoning Map Amendment requires final approval from the City Council with recommendation from the Planning Commission. DR A F T Page | 4 USGS Topo Quad Map DR A F T I 6 5 S I 6 5 N COBBS FORD RDE MAIN ST JA S M I N E T R L OL D F A R M L N S SUMMER L N E POPLAR ST MC Q U E E N S M I T H R D S RO C K Y M O U N T R D GRE Y S T O N E W Y SEASONS DR WINDERMERE AVE SH E I L A B L V D LEGENDS PKWY M C Q U E E N S M I T H R D N EDINBURGH ST VIS T A P O I N T D R RE D F I E L D R D D E E D R BA S S P R O B L V D SAN F O R D D R LEGEND S D R HWY 82 BYP E BRIARWOOD ST O L D F A R M L N N VISTA POINT BLVD ABIN G T O N S T PEBBLE CREEK DR THISTLE RD HIG H P O I N T E R D G SW E E T R I D G E R D REGE N T R D STAPLE F O R D T R L LITTLE F A R M R D LINDEN LN HEAT H E R D R HAWTHORNE LN TH E E X C H A N G E N ASHWOOD DR PIN N A C L E P L DUNDEE DR K I N G S L E Y D R GL Y N W O O D D R AM B R O S E L N B R I A R C L I F F P L I 6 5 S O F F R A M P CO B B S F O R D L N Location Map - Carolyn Petty Bryan ±0 5,0002,500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T OL D F A R M L N S MC Q U E E N S M I T H R D S REGE N T R D STAPLEFORD T R L LITTLE F A R M R D CHA N C E L L O R R I D G E R D DUNDEE DR BRIARWOOD ST M C Q U E E N S M I T H R D N GRA S M E R E C T CA S T L E B R O O K D R W E E L O V E T T D R REGE N T C T HOWARD MURFEE DR TURN B E R R Y C T MI L L R I D G E C T LI T T L E F A R M P L OLD FARM LN S Aerial Map - Carolyn Petty Bryan ±0 2,0001,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T OL D F A R M L N S MC Q U E E N S M I T H R D S REGE N T R D STAPLEFORD T R L LITTLE F A R M R D CHA N C E L L O R R I D G E R D DUNDEE DR BRIARWOOD ST M C Q U E E N S M I T H R D N GRA S M E R E C T CA S T L E B R O O K D R W E E L O V E T T D R REGE N T C T HOWARD MURFEE DR TURN B E R R Y C T MI L L R I D G E C T LI T T L E F A R M P L OLD FARM LN S R-3 F.A.R. R-2 F.A.R. B-2 R-4 F.A.R. B-2 R-3 R-2 R-4 R-5 R-4 O-1 B-2 B-2 R-3 B-2 B-2 B-2B-2 F.A.R. F.A.R. B-2R-4 F.A.R. B-2R-4 Zoning Map - Carolyn Petty Bryan ±0 2,0001,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T I 6 5 S I 6 5 N OL D F A R M L N S ROCKY MOUNT RD MC Q U E E N S M I T H R D N MC Q U E E N S M I T H R D S BRIARWOOD ST VIS T A P O I N T D R VIST A P O I N T B L V D AB I N G T O N S T THISTLE RD REGE N T R D HAW T H O R N E L N STAPLE F O R D T R L LITTLE F A R M R D HA M P S T E A D S T E POPLAR ST C H A N C E L L O R R I D G E R D WYNFORD ST DUNDEE DR KI N G S L E Y D R C U L L I N A V E GRASMERE CT B R I A R C L I F F P L CA S T L E B R O O K D R VICTORIA PL TURN B E R R Y C T FLUM ±0 3,0001,500 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Low Density Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Streets DR A F T DR A F T DR A F T Zoning Map Amendment for Graham Packaging, 1099 Doster Rd Page 1 of 2 Planning Commission Staff Report Zoning Map Amendment ZONING MAP AMENDMENT REQUEST: Rezoning from FAR (Forest, Agriculture, Recreation) to M-2 (General Industry). MEETING DATE: September 15, 2022 A. BACKGROUND: Applicant/Representative: Graham Packaging Company, LP Owner: Graham Packaging Company, LP Property Location: 1099 Doster Rd Property Identification: Autauga County 19052220000010010, 19052210000060010 Property Size: 8+/- Acres (2 parcels) Future Land Use Map (FLUM) Designation: Light Industrial Current Zoning District: FAR (Forest, Agriculture, Recreation) Proposed Zoning District M-2 (General Industry) Existing Land Use: Industrial/Manufacturing B. DEVELOPMENT STATUS & HISTORY: Previous Requests: May not be exhaustive N/A DR A F T Zoning Map Amendment for Graham Packaging, 1099 Doster Rd Page 2 of 2 C. SURROUNDING LAND USE AND ZONING: D. EVALUATION/COMMENTS: Proposed Use: The existing use is industrial/manufacturing. The applicant is proposing to continue with the existing use. Street Connectivity: Parcels front on a public street (Doster Rd) Water/Sewer: This location has access to public water and sewer. E. COMPREHENSIVE PLAN: On April 15, 2021, the Planning Commission adopted Project Prattville 2040, an updated comprehensive plan. The Future Land Use Plan and Map in Land Use + Transportation section (pg. 40) of the document shows the subject parcel in a Light Industrial area. The proposed Zoning Map Amendment to M-2 meets the existing use and general fabric of the area. PLANNING STAFF EVALUATION This is an existing industrial/manufacturing use that has been zoned FAR for some time. Rezoning to a more appropriate zoning of M-2 will be appropriate for the existing use and location. Reviewed by: Scott Stephens, City Planner Recommendation: Approval. Zoning Map Amendment requires final approval from the City Council with recommendation from the Planning Commission. Direction Land Use Zoning North Industrial/Manufacturing, Undeveloped, Railroad M-2, FAR South Undeveloped FAR East Industrial/Manufacturing, Railroad M-2 West Undeveloped FAR DR A F T DOSTER R D HWY 82 BYP E D O S T E R I N D U S T R I A L B L V D DO S T E R R D C U T O F F SOUTHERN DR Location Map - Graham Packaging Co. ±0 2,0001,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T DOSTER RD SO U T H E R N D R Aerial Map - Graham Packaging Co. ±0 500250 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T DOSTER R D HWY 82 BYP E D O S T E R I N D U S T R I A L B L V D DO S T E R R D C U T O F F SOUTHERN DRF.A.R. M-2 M-2 B-2 B-2 M-2 F.A.R. Zoning Map - Graham Packaging Co. ±0 2,0001,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Streets DR A F T Cons_Green2DOSTER R D HWY 82 BYP E D O S T E R I N D U S T R I A L B L V D DO S T E R R D C U T O F F SOUTHERN DR Future Land Use Map - Graham Packaging Co. ±0 2,0001,000 Feet Locations are approximate Legend Project Area Prattville City Limit Autauga_Parcels Elmore_Parcels Downtown Commercial & Mixed Use Conservation & Green Space I Conservation & Green Space II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial & Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium Density Residential - Powell/Hwy 31 Very Low Density Residential Low Density Residential Streets DR A F T DR A F T 102 West Main Street \ Prattville, AL 36067 \ 334. 595.05 00 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR MEMORANDUM TO: Planning Commission FROM: J. Scott Stephens DATE: September 15, 2022 RE: Zoning Ordinance Amendments Please see attached the proposed changes to the Zoning Ordinance (“Attachment A”). Planning Commission makes recommendations on amendments to the Zoning Ordinance to the City Council. DR A F T TABLE OF CONTENTS i ‘Attachment A’ City of Prattville Zoning Ordinance Adopted March 15, 2022 Proposed Amendments – September 15, 2022 DR A F T September 15, 2022 ii City of Prattville Zoning Ordinance ARTICLE 1 GENERAL PROVISIONS ................................................1-1 §1.01 Short Title ........................................................................................ 1-1 §1.02 Interpretation and purpose ................................................................ 1-1 §1.03 Conflict with other Regulations .......................................................... 1-1 §1.04 Applicability ..................................................................................... 1-1 §1.05 Separability ..................................................................................... 1-1 §1.06 Districts ........................................................................................... 1-1 §1.07 District Boundaries ........................................................................... 1-2 §1.08 Annexed Property ............................................................................ 1-2 ARTICLE 2 DEFINITIONS............................................................2-1 §2.01 Generally ......................................................................................... 2-1 §2.02 Interpretation of Commonly Used Terms and Phrases ........................ 2-1 §2.03 Definitions ....................................................................................... 2-1 §2.04 Abbreviations used in this Ordinance .............................................. 2-16 ARTICLE 3 GENERAL REGULATIONS ..............................................3-1 §3.01 Uses................................................................................................ 3-1 §3.02 Lots, Yards and Open Spaces ........................................................... 3-1 §3.03 Parking and Loading ........................................................................ 3-1 §3.04 Structures ........................................................................................ 3-2 §3.05 Manufactured Homes ....................................................................... 3-4 §3.06 Sight Distance, Clearance for Vehicular and Pedestrian Movement ..... 3-5 §3.07 Common Open Spaces and Facilities ................................................ 3-6 §3.08 Nonconformities ............................................................................... 3-6 ARTICLE 4 RESIDENTIAL DISTRICTS ..............................................4-1 §4.01 General Regulations ......................................................................... 4-1 §4.02 R-1 Single-Family Residential District ............................................... 4-3 §4.03 R-2 Single-Family Residential District ............................................... 4-3 §4.04 R-3 Single-Family Residential District ............................................... 4-3 §4.05 R-4 Multifamily Residential District .................................................... 4-3 §4.06 R-5 Single-Family High-Density District ............................................. 4-3 §4.07 R-6 Single-Family Townhouse District ............................................... 4-4 §4.08 T-1 Manufactured Home Subdivision District...................................... 4-4 §4.09 T-2 Manufactured Housing District .................................................... 4-4 §4.10 T-3 Manufactured Home Park District ................................................ 4-4 ARTICLE 5 NONRESIDENTIAL DISTRICTS .........................................5-1 §5.01 General Regulations ......................................................................... 5-1 §5.02 B-1 Neighborhood Business District .................................................. 5-1 §5.03 B-2 General Business District ........................................................... 5-2 §5.04 B-3 Community Shopping District ...................................................... 5-2 §5.05 B-4 Highway Commercial District ...................................................... 5-2 §5.06 O-1 Office District ............................................................................ 5-2 §5.07 INST Institutional District .................................................................. 5-2 §5.08 M-1 Light Industry District ................................................................. 5-2 DR A F T TABLE OF CONTENTS iii §5.09 M-2 General Industry District ............................................................ 5-3 ARTICLE 6 SPECIAL DISTRICTS ....................................................6-1 §6.01 FAR Forest, Agricultural, Recreation District ...................................... 6-1 §6.02 Redevelopment District .................................................................... 6-2 §6.03 Downtown Overlay District ................................................................ 6-2 §6.04 Planned Unit Development District .................................................... 6-5 ARTICLE 7 USE-SPECIFIC REGULATIONS .........................................7-1 §7.01 Accessory Dwellings ........................................................................ 7-1 §7.02 Adult Entertainment .......................................................................... 7-2 §7.03 Alternative Financial Services ........................................................... 7-2 §7.04 Amateur Radio Towers ..................................................................... 7-2 §7.05 Bars and Nightclubs ......................................................................... 7-2 §7.06 Bed and Breakfast ............................................................................ 7-3 §7.07 Conservation Subdivisions ................................................................ 7-3 §7.08 Cottage Developments ..................................................................... 7-6 §7.09 Home Occupations ........................................................................... 7-7 §7.10 Junkyards ........................................................................................ 7-9 §7.11 Keeping of Chickens and Honey Bees ............................................... 7-9 §7.12 Manufactured Home and Tiny Home Parks ........................................ 7-9 §7.13 Manufactured Home Subdivisions ................................................... 7-11 §7.14 Mini-Storage Facilities .................................................................... 7-12 §7.15 Multifamily Development ................................................................. 7-12 §7.16 Patio Homes .................................................................................. 7-22 §7.17 Recreational Vehicle Parks and Campgrounds ................................. 7-23 §7.18 Recycling Facilities and Donation Bins ............................................ 7-24 §7.19 Short Term Rentals ........................................................................ 7-25 §7.20 Tattoo Parlors ................................................................................ 7-25 §7.21 Telecommunication Towers ............................................................ 7-25 §7.22 Temporary Uses............................................................................. 7-30 §7.23 Townhouses .................................................................................. 7-33 §7.24 Electric Vehicle Charging Stations .................................................. 7-33 ARTICLE 8 PARKING AND LOADING ..............................................8-1 §8.01 Definitions ....................................................................................... 8-1 §8.02 Parking Required ............................................................................. 8-1 §8.03 Location .......................................................................................... 8-2 §8.04 Design Standards ............................................................................. 8-2 §8.05 Bicycle Parking ................................................................................ 8-2 §8.06 Loading Spaces ............................................................................... 8-6 §8.07 Electric Vehicle Charging Stations (EVCS) ........................................ 8-6 ARTICLE 9 SIGNS ....................................................................9-1 §9.01 Purpose ........................................................................................... 9-1 §9.02 Definitions ....................................................................................... 9-1 §9.03 Applicability, Permit Required ........................................................... 9-2 §9.04 General Sign Regulations ................................................................. 9-3 §9.05 Sign Type Standards ........................................................................ 9-6 DR A F T September 15, 2022 iv City of Prattville Zoning Ordinance §9.06 Signs Permitted in All Districts .......................................................... 9-7 §9.07 Residential Districts ......................................................................... 9-7 §9.08 Nonresidential District regulations ..................................................... 9-8 §9.09 FAR District ................................................................................... 9-10 §9.10 Permanent Freestanding Signs on Undeveloped Property ................ 9-11 §9.11 Nonconforming signs ...................................................................... 9-11 ARTICLE 10 BUFFERS, SCREENING AND LANDSCAPING ....................... 10-1 §10.01 Definitions ..................................................................................... 10-1 §10.02 Buffers .......................................................................................... 10-2 §10.03 Screening ...................................................................................... 10-4 §10.04 Vehicular Area Landscaping ........................................................... 10-5 §10.05 Design Standards for Required Fences ........................................... 10-7 §10.06 Plant materials and installation requirements ................................... 10-7 §10.07 Modifications ................................................................................. 10-9 §10.08 Required maintenance.................................................................... 10-9 §10.09 Procedure .................................................................................... 10-10 ARTICLE 11 ENFORCEMENT AND ADMINISTRATION .......................... 11-1 §11.01 Enforcement .................................................................................. 11-1 §11.02 Site Plan Review ............................................................................ 11-1 §11.03 Penalties and Remedies ................................................................. 11-3 §11.04 Amendment ................................................................................... 11-4 ARTICLE 12 BOARD OF ZONING ADJUSTMENT................................. 12-1 §12.01 General Provisions ......................................................................... 12-1 §12.02 Administrative Appeals ................................................................... 12-1 §12.03 Special Exceptions ......................................................................... 12-1 §12.04 Variances ...................................................................................... 12-2 §12.05 Abatement of Hazards and Nuisances ............................................. 12-2 §12.06 Decisions and Rehearing ................................................................ 12-3 §12.07 Appeals ......................................................................................... 12-3 DR A F T TABLE OF CONTENTS v This page intentionally left blank. DR A F T DR A F T Article 1 General Provisions 1-1 ARTICLE 1 GENERAL PROVISIONS §1.01 Short Title This Ordinance is known as the "Zoning Ordinance of Prattville, Alabama," hereinafter referred to as the “Zoning Ordinance,” and the map herein referred to, identified by the title "Official Zoning Map of Prattville," hereafter referred to as the “Zoning Map.” The Zoning Map and all explanatory matter thereon are hereby adopted and made a part of this Ordinance. The Zoning Map is maintained by the Planning and Development Department. and shows thereon the date of adoption of this Ordinance. §1.02 Interpretation and purpose In their interpretation and application, the provisions of this Ordinance are considered minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity, and general welfare of the community. §1.03 Conflict with other Regulations 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 does not lower the restrictions of plats, deeds or private contracts if greater than the provisions of this Ordinance. §1.04 Applicability These regulations apply to all property within the corporate limits of the City of Prattville. All uses, structures, sites, lots and parcels must comply with these regulations. §1.05 Separability If any section, clause, provision, or portion of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding may not affect any other section, clause, provision, or portion of this Ordinance which is not in and of itself invalid or unconstitutional. §1.06 Districts For the purpose of this Ordinance, the City is hereby divided into the following districts: §1.06.01 R-1 Single-Family Residential District §1.06.02 R-2 Single-Family Residential District §1.06.03 R-3 Single-Family Residential District §1.06.04 R-4 Multifamily Residential District §1.06.05 R-5 Single-Family High-Density Residential District §1.06.06 R-6 Single-Family Townhouse District §1.06.07 T-1 Manufactured Home Subdivision District §1.06.08 T-3 Manufactured Home Park District §1.06.09 B-1 Neighborhood Commercial District §1.06.10 B-2 General Business District §1.06.11 B-4 Highway Commercial District §1.06.12 O-1 Office District §1.06.13 INST Institutional District §1.06.14 M-1 Light Industry District DR A F T September 15, 2022 1-2 City of Prattville Zoning Ordinance §1.06.15 M-2 General Industry District §1.06.16 FAR Forest, Agricultural, Recreation District §1.06.17 PUD Planned Unit Development District §1.06.18 Downtown Overlay District §1.07 District Boundaries The boundaries of the above districts are hereby established as shown on the Zoning Map. Unless otherwise shown on the Zoning Map, the boundaries of districts are lot lines, the right-of-way lines of streets, alleys and railroads or such lines extended, or the corporate limit lines. Boundaries shown as parallel to any of the above features are construed as parallel to the feature at the distance determined by the scale of the map. Whenever any right-of-way line is changed due to vacation or widening, any zoning boundary line following such right-of-way line is interpreted to move accordingly. Questions concerning the exact location of district boundaries are decided by the Director. §1.08 Annexed Property Following the adoption of this Ordinance, any property annexed into the City will be assigned a zoning classification by the City Council, after a recommendation from the Commission, compatible with the intent of the Comprehensive Plan taking into consideration the existing use and zoning of adjoining land. Any subsequent rezoning must follow the procedures in §11.04 Amendment. §1.09 Captions Captions, section numbers, and article numbers are included and used as a matter of convenience only and in no way define, limit, construe, interpret or describe the scope or intent of the ordinance. If a particular section number referenced is incorrect or not applicable, the correct section will be determined by title or context by the Director. DR A F T Article 2 Definitions 2-1 ARTICLE 2 DEFINITIONS §2.01 Generally Certain words and phrases used in this Ordinance have the meaning ascribed to them in this Article. In the event a word or phrase is not listed in this Article or is not defined elsewhere in this Ordinance or the City Subdivision Regulations, the conventional meaning of the term applies. Words used in the present tense include the future, the singular number includes the plural, and the plural the singular. Words and terms are defined as follows: §2.02 Interpretation of Commonly Used Terms and Phrases The Director is authorized to make a final determination of the meaning of any word or phrase used in this Ordinance. In the interpretation of this Zoning Ordinance, the provisions of this Section are applied unless the context clearly requires otherwise. Words used or defined in one tense or form include the other tenses and derivative forms. Words in the singular number include the plural; and words in the plural number include the singular. The masculine gender includes the feminine and the feminine gender includes the masculine. §2.02.01 The word "person" includes a firm, association, corporation, trust, and company, as well as an individual. §2.02.02 The words "used" or "occupied" as applied to any land or structure include all modifying words such as "intended", "arranged", or "designed" to be used or occupied. §2.02.03 The word "structure" includes the word "building." §2.02.04 The word "lot" includes the words "plot", "parcel", or "tract." §2.02.05 The word "must" is mandatory and not merely directory. §2.02.06 The word “may” is permissive. When used in the negative, it is prohibitive (e.g., “may not” means “prohibited”). §2.03 Definitions §2.03.01 ACCESSORY STRUCTURE. A detached subordinate structure located on the same building lot or parcel with the principal structure, the use of which is incidental to that of the principal structure. §2.03.02 ACCESSORY USE. A use customarily incidental to the principal use of the land or building on the same lot. §2.03.03 ADJACENT. Either adjoining or on the opposite side of a street or other right-of-way that separates it from the subject property. Properties separated by an interstate or railroad are not considered ADJACENT. §2.03.04 ADJOINING. Having property or district lines in common. Properties separated by a right-of-way are ADJACENT, but not ADJOINING. §2.03.05 ADULT ENTERTAINMENT. Any business that engages for any length of time in a sexually-oriented use or any other use that emphasizes SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, including but not limited to adult arcades and movie theaters, adult cabarets, and adult bookstores that meet any of the following criteria, measured on a daily, weekly, monthly or annual basis: 1) has more than 25% of its inventory, stock-in-trade, or publicly displayed merchandise in SEXUALLY-ORIENTED MEDIA or SEXUALLY-ORIENTED NOVELTIES, 2) devotes more than 25% of its floor area (not including storage areas, bathrooms, basements, or any portion of the business not open to the public) to the sale, rental, display or presentation of SEXUALLY-ORIENTED MEDIA or SEXUALLY-ORIENTED NOVELTIES, 3) derives more than 25% of its gross revenue from SEXUALLY-ORIENTED MEDIA or SEXUALLY-ORIENTED NOVELTIES. However, any business that has more than 75% of its inventory, stock-in-trade, or publicly displayed merchandise in SEXUALLY-ORIENTED NOVELTIES and does not feature live entertainment is considered an Adult Novelty Store. DR A F T September 15, 2022 2-2 City of Prattville Zoning Ordinance 1. SEXUALLY-ORIENTED NOVELTIES. Any objects or devices that contain, depict, stimulate or describe SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation. 2. SEXUALLY-ORIENTED MEDIA. Books, video and other media that contain, depict, stimulate or describe SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation. 3. SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic area, buttocks, anus, or female breast below a point immediately above the top of the areola; and human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. 4. SPECIFIED SEXUAL ACTIVITIES. Activities including actual or simulated sexual intercourse; clearly depicted human genitals in the state of arousal; touching of SPECIFIED ANATOMICAL AREAS; inflicting pain or physical restraint of a person for the purposes of sexual stimulation; or sexually oriented contact with an animal by a human being. §2.03.06 AGRICULTURE or AGRICULTURAL USE. The production, storage, keeping, harvesting, grading, packaging, processing, boarding or maintenance, for sale, lease, or personal use, of plants and animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and products; poultry and poultry products; the keeping, raising and breeding of livestock; bees and apiary products; fur animals; trees and forest products; fruits, nuts and vegetables; plants and flowers; or lands that are devoted to soil conservation or forestry management. §2.03.07 ALTERATION or ALTERED. any of the following: 1. Any addition to the height or depth of a structure 2. Any change in the location of any of the exterior walls of a structure 3. Any increase in the interior accommodations of a structure In addition to the foregoing, a structure is considered altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of 50% of its value prior to the commencement of such repairs, renovation, remodeling or rebuilding. §2.03.08 ALTERNATIVE FINANCIAL SERVICE. A check cashing business, payday advance or loan business, money transfer business, car title loan business, title pawn business or similar business engaged in non-traditional short-term lending. This term does not include pawn shops, state or federally chartered banks, savings associations, credit unions, or industrial loan companies and retail sellers that cash checks or issue money orders incidental to the main business. §2.03.09 AMATEUR RADIO TOWER. A tower with one or more antennas connected to radio equipment operated by a licensed amateur radio operator in accordance with applicable FCC laws and regulations. §2.03.10 ANIMAL. Any domesticated creature similar to and including the canine, feline, equine, bovine, sheep, goat, or swine species or type; also includes poultry and other fowl. §2.03.11 ANIMAL SHELTER. A nonprofit or public establishment providing shelter for dogs, cats and other small domestic animals. §2.03.12 APPLICABLE DISTRICT. That zoning district in which the subject site, use or structure is or is proposed to be located. §2.03.13 APPLICANT. A person submitting an application for development, a variance, special exception, rezoning or other approval under this Zoning Ordinance. May also be referred to as PETITIONER. DR A F T Article 2 Definitions 2-3 §2.03.14 ASSISTED LIVING FACILITY. A facility licensed by the Alabama Department of Public Health that provides rooms, meals, personal care, and supervision of self-administered medication; excluding GROUP CARE HOMES. §2.03.15 AUTOMOBILE REPAIR 1. MINOR AUTOMOBILE REPAIR. 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. 2. MAJOR AUTOMOBILE REPAIR. The repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities. §2.03.16 BAKERY, MAJOR. An establishment that bakes goods primarily for wholesale and that may include storage and distribution facilities. §2.03.17 BAKERY, MINOR. An establishment that bakes goods for on-premises retail sales or catering. §2.03.18 BAR or NIGHTCLUB. An establishment serving liquor, beer, wine and other alcoholic beverages for on- premises consumption and that is not otherwise classified as a restaurant. §2.03.19 BASEMENT. A portion of a building having one-half or more of its floor-to-ceiling height below grade level and having a floor-to-ceiling height of at least 6.5 ft. §2.03.20 BED AND BREAKFAST. A dwelling or portion thereof using no more than six rooms to provide short term lodging accommodations and meals for the traveling public for a fee. §2.03.21 BEDROOM. A room marketed, designed or otherwise intended to function primarily for sleeping and meeting Building Code requirements for such use. §2.03.22 BOARD OF ADJUSTMENT or BOARD. The Board of Zoning Adjustment of the City of Prattville, Alabama. §2.03.23 BUFFER. A strip of land that is landscaped to separate incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, and reducing glare. §2.03.24 BUILDING. A structure, having a roof supported by columns or walls and intended to be used for sheltering people, animals, or business activity. §2.03.25 BUILDING AREA. The portion of the lot occupied by, or permitted to be occupied by, the principal building and accessory structures. Unenclosed structures such as pools, satellite dishes, arbors, trellises, decks and porches and carports open on at least two sides are not included in calculating BUILDING AREA. §2.03.26 BUILDING CODE. The most recent building, construction and fire-related codes adopted by the City of Prattville. §2.03.27 BUILDING HEIGHT. The vertical distance measured from grade level to the highest point of the parapet of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and uppermost ridge of a gable, hip or gambrel roof. Building Height DR A F T September 15, 2022 2-4 City of Prattville Zoning Ordinance §2.03.28 BUILDING LINE. A line extending across the width of the lot coincident with the plane of the building, as constructed, nearest the corresponding lot line. §2.03.29 BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated. Multifamily, nonresidential and mixed-use developments may have more than one principal building on the same lot. §2.03.30 BUILDING SEPARATION. The horizontal distance measured between the nearest portions of any structures on the same lot. §2.03.31 BUSINESS OR PROFESSIONAL OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, or industry and generally furnished with desks, tables and communications equipment. Includes medical, dental and similar healthcare offices for outpatient care on an appointment basis, call centers and broadcast studios, but not MEDICAL CLINICS. §2.03.32 BUSINESS SUPPORT SERVICE. A business which supplies support services primarily to other businesses, such as sales of office equipment, supplies and services; cleaning services; computer and office equipment repair and similar services. §2.03.33 CAMPGROUND. Land on which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation, education or vacation purposes for no more than 120 consecutive days. See also RECREATIONAL VEHICLE PARK. §2.03.34 CERTIFICATE OF OCCUPANCY. Official certification that a premise conforms to the provisions of the Zoning Ordinance and BUILDING CODE and may be used or occupied. §2.03.35 CITY. City of Prattville, Alabama. §2.03.36 CITY ENGINEER. The City Engineer of the City of Prattville, Alabama, or their authorized designee. §2.03.37 CLUB, PRIVATE. A place of assembly operated by an association of persons united by some common interest such as social, educational or recreational purposes and usually characterized by certain membership qualifications, payment of fees or dues, and holding of regular meetings. §2.03.38 COMMERCIAL KITCHEN. A facility where food is prepared for catering or mobile food vendor operations excluding on-site dining of food prepared. §2.03.39 COMMERCIAL SCHOOL. A private, gainful business providing instruction in arts, business, crafts, trades or professions. §2.03.40 COMMUNITY RECYCLING RECEPTACLE. A portable or stationary, enclosed container made of metal or other impervious material into which recyclable materials are collected before being transported to a RECYCLING PLANT or other location for processing and eventual reuse. A COMMUNITY RECYCLING RECEPTACLE on a premises other than a RECYCLING CENTER or RECYCLING PLANT is treated as an accessory use. §2.03.41 COMPREHENSIVE PLAN. The Comprehensive Plan of the City of Prattville, Alabama, including any legally adopted part of the Comprehensive Plan. This may include, but is not limited to: Zoning Ordinance, Subdivision Regulations, Major Street Plan, Land Use Plan and Downtown Plan. §2.03.42 CONSERVATION SUBDIVISION. A form of development that permits a reduction in dimensional requirements, provided there is no increase in the overall density of the development, and the remaining land area is devoted to open space, recreation, or preservation of environmentally sensitive areas. See §7.07 Conservation Subdivisions. §2.03.43 CONSTRUCTION SERVICE, MAJOR. A place of business engaged in construction and related trade activities with outdoor storage such as a building contractor, electrician, plumber or similar trade and that may involve wholesaling of building materials. Includes wholesale building supply business. §2.03.44 CONSTRUCTION SERVICE, MINOR. A place of business engaged in construction-related trade activities with incidental storage such as a building contractor, electrician, plumber or similar trade excluding any retail or wholesale sales. DR A F T Article 2 Definitions 2-5 §2.03.45 COTTAGE DEVELOPMENT. A group of detached single-family dwellings in which lots are not required to have frontage on a street but must be arranged around a common open space, subect to §7.08 Cottage Developments. §2.03.46 COUNTRY CLUB. Land or buildings containing recreational facilities and clubhouse for private club members and their guests. §2.03.47 DAY CARE FACILITY 1. ADULT DAY CARE CENTER. Any building or related premises used to provide care and daily activities to five or more adults for part of the day. 2. ADULT DAY CARE HOME. A dwelling used to provide care and daily activities to four or fewer adults for part of the day. 3. CHILD DAY CARE CENTER. Any building and related premises used for the care thirteen or more children for part of the day. 4. CHILD DAY CARE GROUP HOME. A detached single-family dwelling used for the care of seven to twelve children for part of the day with at least two adults present and supervising childcare activities. 5. CHILD DAY CARE HOME. A detached single-family dwelling used for the care of six or fewer children for part of the day. §2.03.48 DENSITY. The ratio of lot area per dwelling unit or the number of dwelling units per acre of site area. §2.03.49 DEVELOPMENT. The subdivision or re-subdivision of land, 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 land. §2.03.50 DIRECTOR. The Director of the City of Prattville Planning and Development Department or their authorized designee. §2.03.51 DISTRICT or ZONING DISTRICT. A division of the City of Prattville for which permitted uses, lot sizes, building heights and other requirements are established. §2.03.52 DONATION BIN. A portable or stationary, enclosed container into which donated goods are collected before being transported to another premises for processing. §2.03.53 DWELLING OR DWELLING UNIT. One or more rooms in the same structure, connected and constituting a separate, independent housekeeping unit for permanent residential occupancy and with facilities for sleeping and cooking. 1. DWELLING, ACCESSORY. A subordinate, independent dwelling unit located on the same lot as a detached single-family dwelling. See §7.01 Accessory Dwellings. 2. DWELLING, CARETAKER. A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises. 3. DWELLING, DUPLEX. A building arranged to be occupied by two families living independently of each other, the structure having two dwelling units. 4. DWELLING, MULTIFAMILY. A building containing five or more dwelling units. 5. DWELLING, QUADPLEX. A residential building containing four dwelling units. 6. DWELLING, SINGLE FAMILY ATTACHED OR TOWNHOUSE. A dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated by vertical common, fire-resistant walls. 7. DWELLING, SINGLE-FAMILY DETACHED. A building containing one dwelling unit that is not attached to any other dwelling and is surrounded by open space or yards. DR A F T September 15, 2022 2-6 City of Prattville Zoning Ordinance 8. DWELLING, SINGLE FAMILY SEMI-DETACHED. A single-family dwelling attached to one other single-family dwelling by a common, vertical wall, with each dwelling located on a separate lot. 9. DWELLING, TINY HOME. A site-built, modular or prefabricated structure of less than 500 sf, exclusive of any loft space, used for permanent or temporary residential occupancy and that complies with Building Code requirements for residential occupancy. 10. DWELLING, TRIPLEX. A residential building containing three dwelling units. 11. DWELLING, UPPER-STORY. A dwelling unit located on a floor above another use in the same building. 12. DWELLING, ZERO LOT LINE. A single-family detached dwelling located on a lot so that one of the dwelling’s sides rests on a lot line. Dwelling Types DR A F T Article 2 Definitions 2-7 §2.03.54 EMERGENCY SHELTER. A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms, or other emergencies. §2.03.55 ENGINEER. A professional engineer registered and in good standing with the State of Alabama Board of Registration for Professional Engineers and Surveyors. §2.03.56 ENTERTAINMENT AND RECREATION USES 1. ADULT ENTERTAINMENT. See ADULT ENTERTAINMENT. 2. INDOOR ENTERTAINMENT. An establishment providing spectator entertainment within an enclosed building, including but not limited to movie theaters, playhouses, live music venues but excluding ADULT ENTERTAINMENT. 3. INDOOR RECREATION. An establishment providing recreation or fitness services within an enclosed building, including but not limited to fitness, swimming, yoga, martial arts, dance, billiards, bowling and gaming but excluding ADULT ENTERTAINMENT. 4. OUTDOOR ENTERTAINMENT. An establishment providing spectator entertainment in open or partially enclosed or screened facilities, including but not limited to sports arenas, racing tracks and drive-in theaters but excluding ADULT ENTERTAINMENT. 5. OUTDOOR RECREATION. An establishment providing recreation or fitness services primarily outside of a structure, including but not limited to golf courses, driving ranges, miniature golf, swimming pools and tennis facilities and amusement parks but excluding ADULT ENTERTAINMENT. §2.03.57 FAMILY. Any one of the following arrangements when living in a dwelling as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and housekeeping facilities: 1. A person living alone; 2. Two or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship living together; 3. No more than four unrelated persons living together; 4. A number of unrelated persons but not exceeding two and any children related to either of them by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, living together. §2.03.58 FARM. Land upon which the predominant activity is agriculture, which may also include a single-family dwelling and any accessory structures incidental to the dwelling or agricultural use. §2.03.59 FARM SUPPORT BUSINESS. A commercial establishment engaged in the sale of farm support goods and services, including but not limited to, 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. §2.03.60 FENCE. An artificially constructed barrier of any kind erected to enclose, delineate or screen a property or portions thereof. §2.03.61 FLOOR AREA, GROSS. The total area of a building measured using the outside dimensions of the building at each floor level intended for occupancy or storage. §2.03.62 FOWL. Chickens, turkeys, ducks, geese, quail, guineas and similar birds raised, kept or bred for agricultural or commercial purposes or for egg or food production. §2.03.63 FRONT LOADED. See LOT CONFIGURATION, DWELLINGS. §2.03.64 GAS STATION. An establishment involving the retail dispensing of automotive fuels. DR A F T September 15, 2022 2-8 City of Prattville Zoning Ordinance §2.03.65 GRADE LEVEL. For buildings, the average level of the finished grade at the front building line. For trees, landscaping, light fixtures and signs, the level of finished grade at the base of the tree, plant, fixture or sign. §2.03.66 GROUP CARE HOME. A dwelling for the sheltered care of persons, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. Residents are supervised by a sponsoring entity or its staff, which furnishes rehabilitative services to the residents. A GROUP CARE HOME is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or legal guardians. GROUP CARE HOMES are further categorized as follows: 1. EMERGENCY CARE HOME. A GROUP CARE HOME, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to provide a protective sanctuary and emergency housing to victims of crime or abuse. 2. FAMILY CARE HOME. A GROUP CARE HOME, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to serve socially, physically, mentally, or developmentally impaired children in a family-type living arrangement, and which meet or exceed the minimum requirements of §11-52-75.1 Regulations as to housing of mentally retarded or mentally ill persons in multifamily zones, Code of Alabama, 1975 as amended. 3. TRANSITIONAL CARE HOME. A GROUP CARE HOME, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to assist persons, especially those leaving institutions, to reenter society and learn to adapt to independent living. §2.03.67 HARDSHIP. Any condition not in control of or created by the OWNER or APPLICANT such as, but not limited to, topography, lot shape or size, location of public utilities or similar conditions deemed a hardship by the Board of Zoning Adjustment. §2.03.68 HOME OCCUPATION. Business carried on in a dwelling that is limited in extent and clearly incidental and secondary to the use of the property for residential purposes. See §7.09. §2.03.69 HOME STAND. A space designed for the placement of a MANUFACTURED HOME within a MANUFACTURED HOME PARK. §2.03.70 HOSPITAL. An institution providing health services, primarily for inpatients, and medical and surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. §2.03.71 HOTEL. An establishment providing sleeping accommodations for the traveling public, in which guest rooms are accessed from the interior of the building. HOTELS may also include dining facilities, fitness centers and similar incidental services for guests. §2.03.72 IMPROVEMENT. Any permanent item that becomes a part of, is placed upon or is affixed to real estate. §2.03.73 INDEPENDENT LIVING FACILITY. A residential facility for the elderly that may provide meals, housekeeping, linen service, transportation, social and recreational activities and similar services. Such facilities do not provide, in a majority of the units, assistance with or supervision of medication, bathing, dressing, toileting and other activities of daily living. DR A F T Article 2 Definitions 2-9 §2.03.74 INDOOR ENTERTAINMENT. See ENTERTAINMENT AND RECREATION USES. §2.03.75 INDOOR RECREATION. See ENTERTAINMENT AND RECREATION USES. §2.03.76 INDUSTRY, HEAVY. Industrial processing which transforms materials, particularly raw materials, into a new substance, compound, or product. Uses include, but are not limited to, meat or poultry processing, slaughterhouse, chemical and petroleum processing and manufacturing, foundries, the storage or manufacturing of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature. §2.03.77 INDUSTRY, LIGHT. Industrial activity not otherwise classified as Heavy Industry including manufacturing activity that uses moderate amounts of processed or partially processed materials to produce items of relatively high value per unit weight that are typically sold to end users rather than as intermediates for use by other industries. §2.03.78 INSTITUTIONAL USES. Structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. This does not include institutional facilities which involve on-premises garages, repair or storage yards, or warehouses. Institutional uses are categorized as follows: 1. LOW INTENSITY. Government and nonprofit cultural facilities up to 4,000 sf; places of assembly up to 199 seats. 2. MEDIUM INTENSITY. Government and nonprofit cultural facilities up to 12,500 sf; health institutions up to 35,000 sf; elementary and junior high/middle schools; places of assembly with 200 to 500 seats; other institutions up to 35,000 sf. 3. HIGH INTENSITY. Government and cultural facilities greater than 12,500 sf; health institutions greater than 35,000 sf; places of assembly greater than 500 seats; high schools, universities, colleges, junior colleges; stadiums and arenas; other institutions greater than 35,000 sf. §2.03.79 JUNKYARD. Any lot, parcel of land, structure or part thereof on which is kept, stored, bought or sold, articles commonly known as junk, including scrap paper, scrap metal, and used automobile bodies and parts. Does not include RECYCLING CENTER or RECYCLING PLANT. §2.03.80 KENNEL. An establishment in which domesticated animals are housed, groomed, bred, boarded, trained or sold, all for compensation. In contrast to PET GROOMING establishments, animals may be kept overnight in outside runs or other unenclosed or partially enclosed spaces overnight. §2.03.81 LAUNDERING PLANT. An establishment primarily engaged in high volume laundry and garment services, including commercial and industrial laundries; garment pressing and dry cleaning; linen supply; diaper service; carpet and upholstery cleaners, but excluding LAUNDRY SERVICES. §2.03.82 LAUNDRY SERVICES. Laundromat, laundry and dry-cleaning pick-up stations and clothing storage, excluding LAUNDERING PLANTS. §2.03.83 LOT. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for development. §2.03.84 LOT CONFIGURATION, DWELLINGS. Refer also to diagrams following. 1. FRONT LOADED. Lot configuration in which parking for the dwelling extends forward of the front building line or within an attached garage located along the front of the dwelling. 2. REAR LOADED. Lot configuration in which parking for the dwelling, whether on a driveway or within a detached or attached garage, is accessed only from the rear of the lot by an alley or private or shared accessway. 3. SIDE LOADED. Lot configuration in which parking for the dwelling is accessed from the front of the lot by a driveway located within a side yard and that extends toward the rear of the lot so that at least two vehicles may be parked behind the front building line. DR A F T September 15, 2022 2-10 City of Prattville Zoning Ordinance Front Loaded Lot Rear Loaded Lot Side Loaded Lot DR A F T Article 2 Definitions 2-11 §2.03.85 LOT FRONTAGE. Lot width measured at the front lot line. §2.03.86 LOT LINE. A line bounding a lot, which divides it from another lot or from a street or from any other public or private place. Refer also to diagrams under YARD. 1. LOT LINE, FRONT. The lot line separating a lot from a street right-of-way. In the case of SINGLE- FRONTAGE CORNER LOTS, there is a primary and secondary front line. The shorter of the two is the primary front lot line. All other corner lots are considered DUAL-FRONTAGE CORNER LOTS, in which case, both lot lines along streets are considered front lot lines. Refer to diagram following. Corner Lot Types 2. LOT LINE, REAR: That lot line that is generally parallel to and most distant from the FRONT LOT LINE. In the case of a triangular or irregularly shaped lot, a line ten feet in length, entirely within the lot, parallel to and at the maximum distance from the FRONT LOT LINE. Rear Lot Line of a triangular lot §2.03.87 LOT WIDTH. Width of the lot measured at the front setback line unless otherwise specified by the district regulations or subdivision regulations. §2.03.88 MANUFACTURED HOME. A structure constructed on or after June 15, 1976, according to the rules of the US Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight feet wide or at least 40 ft DR A F T September 15, 2022 2-12 City of Prattville Zoning Ordinance long or, when erected on site, at least 320 sf; includes the plumbing, heating, air conditioning, and electrical systems of the home. Removal of wheels or chassis and placing such a structure on the ground, or other foundation does not remove such a unit from this definition. §2.03.89 MANUFACTURED HOME PARK. Land used or designed as a manufactured home community containing multiple home stands for rent or lease. §2.03.90 MANUFACTURED HOME SUBDIVISION. A division of a tract of land into three or more lots intended for the siting of manufactured homes for dwelling purposes. §2.03.91 MANUFACTURING 1. GENERAL MANUFACTURING. Manufacturing of finished products and component products or parts, including the transportation, treatment, or processing of materials or substances, but excluding uses defined as Heavy Industry. 2. LIGHT MANUFACTURING. Indoor assembly and manufacturing of finished products or parts from previously prepared materials and parts. This includes fabrication limited to shaping or defining the final product provided such fabrication is not the primary activity of the operation. §2.03.92 MEDICAL CLINIC. A building, in which a group of physicians, dentists, and associated professional assistants are associated for the purpose of carrying on their profession. MEDICAL CLINICS provide outpatient care with or without appointments and may include dental or medical laboratories, surgery suites but excludes any in-patient care. §2.03.93 MINI-STORAGE FACILITY. A building or group of buildings containing separate, individual and private storage spaces for rent or lease. §2.03.94 MODULAR STRUCTURE. A structure manufactured off-site in accordance with the Building Code, transported to and assembled on the building site on a permanent foundation. A “modular home” is a MODULAR STRUCTURE designed, manufactured and used for dwelling purposes and, under this Ordinance, is regulated the same as a site-built dwelling, except as otherwise specified for TINY HOMES. §2.03.95 MOTEL. An establishment providing sleeping accommodations for the travelling public, in which lodging rooms are accessed from the exterior of the building. MOTELS may also include dining facilities, fitness centers and other incidental services for guests. §2.03.96 NONCONFORMING BUILDING or STRUCTURE. A building or structure that does not conform to the area or dimensional requirements of the applicable district. §2.03.97 NONCONFORMING LOT. A lot that does not conform to the area and dimensional requirements of the applicable district. §2.03.98 NONCONFORMING USE. A use of any structure or land which, though originally lawful, does not conform with the provisions of this Ordinance or any subsequent amendments thereto for the district in which it is located. §2.03.99 NONRESIDENTIAL USE. Uses including agricultural, institutional, commercial, lodging and industrial activities. §2.03.100 OFFICE. See BUSINESS OR PROFESSIONAL OFFICE. §2.03.101 OPEN SPACE. A yard area not used for a building, structure, driveway, parking, loading or storage. §2.03.102 OPEN SPACE, COMMON. Land area within a development that is held in common ownership and maintained by a property owner’s association for all of the owners for recreation, protection of natural land features, amenities or buffers; is freely accessible to all owners of the development; and is protected by the provisions of this Ordinance to ensure that it remains in such use. §2.03.103 OUTDOOR ENTERTAINMENT. See ENTERTAINMENT AND RECREATION USES. §2.03.104 OUTDOOR RECREATION. See ENTERTAINMENT AND RECREATION USES. DR A F T Article 2 Definitions 2-13 §2.03.105 OUTDOOR STORAGE. The keeping in an unenclosed area of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours. §2.03.106 OWNER. The person having the right and legal title to, beneficial interest in or a contractual right to purchase a lot or parcel of land. §2.03.107 PARKING LOT. An off-street parking area containing three or more parking spaces serving one or more nonresidential uses or serving more than one dwelling. §2.03.108 PARKING, OFF-SITE. Parking lots or structures providing parking for uses not located on the premises. §2.03.109 PERSONAL SERVICE. An establishment providing services involving the care of a person or their personal goods or apparel, including hair, nail and tanning salons, licensed massage therapists and repair of watches, phones, tablets, computers and other personal electronics. §2.03.110 PET GROOMING. An establishment providing grooming services to household pets within a fully enclosed structure, which may include outside runs for keeping of animals for part of the day but not overnight. PET GROOMING may also include overnight boarding of household pets. §2.03.111 PLACE OF ASSEMBLY. A facility used for and providing religious, fraternal, recreational, social, educational or cultural activities. §2.03.112 PLANNING COMMISSION or COMMISSION. Planning Commission of the City of Prattville, Alabama. §2.03.113 PRINTING SERVICE. Blue printing, copying, printing, engraving or other reproduction services. §2.03.114 PUBLIC FACILITY. Buildings 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. §2.03.115 PUBLIC UTILITY FACILITY, MAJOR. Electric or gas generating plants, sewage treatment plants and water treatment facilities. §2.03.116 PUBLIC UTILITY FACILITY, MINOR. A facility that provides utility services to the public at large, including water and sewer, gas distribution, electric transmission and distribution, and cable transmission and distribution facilities but excluding those defined as MAJOR PUBLIC UTILITY FACILITY. §2.03.117 REAR LOADED. See LOT CONFIGURATION, DWELLINGS. §2.03.118 RECREATIONAL VEHICLE. A vehicular-type structure, primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered, including, but not limited to, travel trailers, camping trailers, campers and motor homes. §2.03.119 RECREATIONAL VEHICLE PARK. A CAMPGROUND designed with spaces for recreational vehicle camping. §2.03.120 RECYCLABLE MATERIAL. Reusable material including but not limited to, metal cans, glass, plastic, and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. RECYCLABLE MATERIAL does not include inoperative trucks, automobiles or other vehicles, and chassis or parts of the same; household appliances, white metals, used heating or refrigerating equipment, farm implements, machinery, scrap metal, etc. §2.03.121 RECYCLING CENTER. Land, with or without buildings, other than a JUNKYARD, where RECYCLABLE MATERIALS are collected and may be separated, packed, bailed, stored and compacted before being transported to a RECYCLING PLANT or other location for processing and eventual reuse. §2.03.122 RECYCLING PLANT. A facility, other than a JUNKYARD, in which recoverable resources, such as paper, plastic, glass, and metal cans are recycled, reprocessed and treated to return such products to a condition in which they may be used again in new products. §2.03.123 REPAIR SERVICE. An establishment engaged in the repair and maintenance of electrical, electronic and mechanical equipment, and home and business appliances. DR A F T September 15, 2022 2-14 City of Prattville Zoning Ordinance §2.03.124 RESEARCH LABORATORY. Facility 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. §2.03.125 RESTAURANT 1. RESTAURANT, FAST FOOD. An establishment where food and drink may be ordered from an automobile and delivered through a drive-through window or to an ordering station. 2. PICK-UP AND DELIVERY ONLY RESTAURANT. An establishment where food and drink are prepared and sold for consumption off-premises only 3. STANDARD RESTAURANT. An establishment where food and drink are prepared, served and consumed, mostly within the principal building. Standard restaurants may also offer pick-up service. §2.03.126 RETAIL, GENERAL. Retail sales of goods and services including, but not limited to; clothing and shoe stores, home furnishings, appliance stores, automobile parts and supply stores, gift shops, florist shops, drugstores, medical supplies, hardware stores, jewelry stores, sporting goods stores and antique shops. §2.03.127 RETAIL, UNENCLOSED. Retail sales of goods and services conducted partially or fully outside of a building, including but not limited to flea markets, monument sales, lumber yards and similar activities. Other types of outdoor retail sales are separately categorized as HEAVY EQUIPMENT AND VEHICLE SALES, RENTAL AND SERVICE; VEHICLE AND EQUIPMENT SALES, RENTAL AND SERVICE; and VEHICLE SALES OR RENTAL. §2.03.128 SATELLITE DISH. For the purposes of §3.04 Structures, a structure designed to receive television, radio and similar transmissions. §2.03.129 SETBACK. See YARD. §2.03.130 SETBACK LINE. A line parallel to the corresponding lot line at the yard depth required in the applicable district. §2.03.131 SIDE LOADED. See LOT CONFIGURATION, DWELLINGS. §2.03.132 SIGN. Refer to Article 9 Signs. §2.03.133 SMALL CELL FACILITIES. A type of wireless broadband infrastructure involving small cell wireless technology that typically takes the form of small antennae placed on buildings, utility poles and other existing structures as further defined and regulated by Prattville City Code Chapter 58, Article III Small Cell Wireless Facilities. This does not include TELECOMMUNICATION TOWER. §2.03.134 SPECIAL EXCEPTION. Uses identified as such in the district regulations and minor adjustments to parking, height, material requirements and other regulations that may be authorized by the Board of Zoning Adjustment subject to appropriate conditions as set forth and approved by the Board. Special Exceptions may not be appropriate generally or without restrictions, but if controlled as to number, area, location, or relation to the surrounding area, would not harm the general public health, safety, or welfare. Formerly referred to as a use-on-appeal. §2.03.135 STORY. That portion of a structure included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of the structure between the upper surface of the topmost floor and the ceiling or roof above. §2.03.136 STREET LINE. The dividing line between a right-of-way and the contiguous property, including planned rights-of-way. §2.03.137 STRUCTURE. Any combination of materials, including buildings, constructed or erected, the use of which requires location on the ground or attachment to anything having location on the ground, including among other things, signs, walls, fences and manufactured homes, but not including utility poles and overhead wires. §2.03.138 STUDIO. A place of work for an artist, photographer or craftsman, including instruction, display, production and retail sales of materials produced on the premises. §2.03.139 SUBDIVISION REGULATIONS. The Subdivision Regulations of the City of Prattville, Alabama. DR A F T Article 2 Definitions 2-15 §2.03.140 TEMPORARY STRUCTURE. A business structure, not used as a residence or habitation, of one or more of the following types: portable or preassembled metal buildings or storage structures, tents, freestanding awnings, sun screens, sunshades, shelters and other structures composed of flexible materials, and all structures of a temporary character or intended for short-term occupancy. This term does not include construction trailers, not used for sales or habitation, at the site of properly permitted construction during such construction. This term does not include portable or preassembled metal buildings used as accessory structures to permanent business structures. §2.03.141 TEMPORARY USE. A use, involving portable or temporary structures, established for a limited duration with the intent to discontinue such use upon the expiration of the allowed period. §2.03.142 TINY HOME. See DWELLING, TINY HOME. §2.03.143 TINY HOME ON WHEELS. A pre-fabricated structure used for temporary or permanent residential occupancy that is set on a permanent trailer chassis with wheels and that does not comply with Building Code or HUD Code requirements for residential occupancy. §2.03.144 USE. The purpose for which land or a building or other structure is designed, arranged, or intended, or for which it is or may be occupied or maintained. §2.03.145 VARIANCE. A relaxation from zoning regulations granted by the Board, where such relaxation will not be contrary to the public interest. See §12.04 Variances. §2.03.146 VEHICLE SALES, RENTAL AND SERVICE 1. HEAVY VEHICLE AND EQUIPMENT SALES, RENTAL AND SERVICE. The sale or rental of trucks over one ton, tractors and farm implements, manufactured homes, recreational vehicles, boats, and construction and similar equipment, including the storage, maintenance and servicing of the same. 2. VEHICLE AND EQUIPMENT SALES, RENTAL AND SERVICE. The sale or rental of automobiles, light trucks, motorcycles, riding lawn mowers and similar household and gardening equipment, including the storage, maintenance and servicing of the same. §2.03.147 VETERINARY HOSPITAL. A facility operated by a licensed veterinarian specifically for the practice of veterinary medicine. §2.03.148 WHOLESALING ESTABLISHMENT. An establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wholesaling establishments include those with accessory retail sales provided that retail sales do not exceed 10% of inventory or sales. §2.03.149 YARD. An open area of a lot, measured from a property line to the nearest point of the principal structure. A required yard means a yard the depth of which is specified in the “Area and Dimensional Requirements” for the applicable district. Refer also to LOT LINE and accompanying diagrams. 1. ESTABLISHED YARD. In contrast to a “required yard,” the area between a lot line and the corresponding Building Line as built. For example, an established rear yard is the area between the rear lot line and the rear most line of the building. 2. FRONT YARD. The yard extending across the entire width of the lot between the PRINCIPAL BUILDING including covered porches, and the FRONT LOT LINE or an official future street right-of-way line if established. Refer to CORNER LOT for front yard locations. a. PRIMARY FRONT YARD. The yard of a SINGLE-FRONTAGE CORNER LOT that corresponds with the FRONT YARD of the adjoining INTERIOR LOT. b. SECONDARY FRONT YARD. A yard of a SINGLE-FRONTAGE CORNER LOT along a FRONT LOT LINE other than the PRIMARY FRONT YARD. DR A F T September 15, 2022 2-16 City of Prattville Zoning Ordinance 3. REAR YARD. The yard extending across the entire width of the lot between the Principal Building, including covered porches, and the rear lot line. On all lots the REAR YARD is opposite the FRONT YARD or PRIMARY FRONT YARD. 4. SIDE YARD. A yard between the PRINCIPAL BUILDING and the SIDE LOT LINE and extending from the required FRONT YARD to the required REAR YARD. Interior Lot Double-frontage Corner Lot Single-frontage Corner Lot §2.04 Abbreviations used in this Ordinance §2.04.01 ac - acre §2.04.02 ADEM – Alabama Department of Environmental Management §2.04.03 BMP – Best Management Practices §2.04.04 dBA – A-weighted decibel §2.04.05 DU – dwelling unit DR A F T Article 2 Definitions 2-17 §2.04.06 FEMA – Federal Emergency Management Agency §2.04.07 FIRM – Flood Insurance Rate Map §2.04.08 ft - feet §2.04.09 max. - maximum §2.04.10 MDP – Master Development Plan §2.04.11 min. - minimum §2.04.12 MUTCD – Manual on Uniform Traffic Control Devices §2.04.13 n/a – not applicable §2.04.14 NFPA – National Fire Protection Association §2.04.15 PUD – Planned Unit Development §2.04.16 ROW – right-of-way §2.04.17 sf – square feet §2.04.18 STR – Short Term Rental DR A F T September 15, 2022 2-18 City of Prattville Zoning Ordinance This page intentionally left blank. DR A F T Article 3 General Regulations 3-1 ARTICLE 3 GENERAL REGULATIONS §3.01 Uses Uses specified as "permitted by right" are permitted on application to the Director. Special Exception uses require approval of the Board. If a use is not specifically referred to in this Ordinance, its status may be determined by the Director by reference to the most clearly analogous use in the applicable Table of Permitted Uses. If the Director determines that a proposed use is not clearly analogous to a use in the Table of Permitted Uses, the Director refers the matter to the Board. If the Board determines that the use is compatible with the purpose of the district and with its permitted uses, it may consider the use as a Special Exception. Once the status of an unlisted use has been determined, that determination applies subsequently to all uses of the same type. §3.02 Lots, Yards and Open Spaces §3.02.01 Each structure, hereafter erected or altered, must conform to the area and dimensional requirements of the applicable district. §3.02.02 Open spaces and lots required for a structure or use may not be occupied by or counted as a yard or open space for another structure or use, unless the uses are in the same structure. §3.02.03 No lot may be reduced in area so that yards and other spaces total less than the minimum area required under this Ordinance. This does not prevent the acquisition of narrow strips of property for street rights-of- way by an appropriate government entity. §3.02.04 Future street lines. On any lot which, at the time of adoption or subsequent amendment of this Ordinance, may be reduced in area by widening a public street to a future street line as indicated on the duly adopted major thoroughfare plan or other applicable plan, the minimum required yards, lot area, lot width and maximum building area are measured by considering the future street line as the lot line of such lot. §3.02.05 The minimum front yard setback applies to both frontages of double-frontage lots. §3.02.06 Exceptions to the district requirements for lots and yards follow: 1. The minimum front yard setback may be reduced where existing buildings on the same block frontage do not conform to the front yard setback of the applicable district, as follows: a. On blocks up to 500 feet in length, the setback requirement is reduced to the average setback of all buildings along the frontage or the average setback of buildings within 100 feet on each side of the subject lot, whichever is less. b. On blocks longer than 500 feet, the setback requirement is reduced to the average setback of buildings within 200 feet on each side of the subject lot. c. For corner lots, the setback requirement is reduced to the average setback of all existing buildings along the same block frontage. 2. The Director may allow a reduction of a yard setback when the applicable yard adjoins an open space that is prohibited from development of any kind by means of deed restrictions or similar legal method. 3. Common open spaces that are contained within their own lot are not subject to the district lot and yard requirements. §3.03 Parking and Loading §3.03.01 Each use must be provided with off-street parking as specified in Article 8. §3.03.02 Each nonresidential use must be provided with off-street loading and unloading facilities as specified in Article 8. DR A F T September 15, 2022 3-2 City of Prattville Zoning Ordinance §3.04 Structures §3.04.01 There may be only one principal structure on any lot zoned or used for single-family residential purposes. §3.04.02 Only buildings conforming to the Building Code and manufactured homes conforming to §3.06 05 Manufactured Homes may be used for permanent residential occupancy. Recreational vehicles and similar portable structures may be permitted for temporary residential occupancy in accordance with §7.17 Recreational Vehicle Parks and Campgrounds. §3.04.03 Modular Structures. For the purposes of this Ordinance, modular structures are treated the same as site-built structures and must conform to the Building Code. §3.04.04 Street Frontage and Access 1. Every building must be on a lot adjoining a public street or with access by way of an approved private street or easement. 2. All structures must be located on lots to provide safe and convenient access for fire protection and required off-street parking. §3.04.05 Height. Each structure, hereafter erected or altered, may not exceed the maximum building height of the applicable district. However, maximum height regulations do not apply to barns, silos and other farm structures; steeples, spires, domes, chimneys, flagpoles, public utility poles, radio and television towers and aerials, silos, cooling towers, water tanks, and industrial structures required for a permitted manufacturing process and other such structures not designed for human occupancy may exceed this height, provided they comply with all other applicable codes and ordinances, and are located no closer to the nearest property line than the distance equal to their height plus ten feet. §3.04.06 Accessory Structures, Site Appurtenances 1. Accessory structures are subject to the following requirements and the regulations of the applicable district. For residential districts, refer also to §4.01.03 Additional Regulations: a. It is unlawful for any person to place, construct, repair, replace, or cause to be placed, constructed, repaired, or replaced, an accessory structure before obtaining any applicable permits. b. No accessory structure may be established prior to the substantial completion of the primary structure, though they may be permitted and constructed at the same time. No accessory structure may be used prior to the principal structure being occupied. This does not apply to agriculture-related structures. c. Accessory structures must be located on the same parcel as the principal structure. d. The property owner is responsible for observing any private covenants, restrictions, or homeowner association requirements which may impact accessory structures. e. Accessory structures may not be used as a dwelling unit, except for permitted Accessory Dwellings (see §7.01). However, protective shelters may provide temporary living quarters in times of danger or emergency. 2. Swimming and wading pools. Swimming and wading pools with a depth of one foot or more in any portion of the pool must be set back at least five feet from any property line and must be secured as required by the Building Code. §3.04.07 Fences and walls 1. Generally a. Except as otherwise provided in this Subsection, a permit is required to construct, repair or replace a fence or wall or any part thereof. It is unlawful for any person to construct, repair, replace, or cause to be constructed, repaired, or replaced, a fence or wall before obtaining any applicable permits. DR A F T Article 3 General Regulations 3-3 b. Decorative gate embellishments may not exceed two feet above the maximum permitted height of the fence. c. Fences and walls may not project into a right-of-way or impede intersection sight distance. See §3.06.01 Sight Distance, Clearance for Vehicular and Pedestrian Movement. d. Fences and walls may not be built on or over any easement without approval of the entity having authority over the easement. e. Fences and walls must not adversely affect draining or create debris build-up, nor impede access to metering devices or public utilities, including fire hydrants. f. The property owner is responsible for observing any applicable private covenants, restrictions, or homeowner association requirements. 2. Permitted height. See §4.01 General Regulations, Residential Districts; §5.01 General Regulations, Nonresidential Districts; and Article 6 Special Districts. 3. Repairs and maintenance a. Property owners must maintain fences and walls at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame, fastenings, pickets, mesh, and other parts and materials free from deterioration, termite infestation, rot, rust or loosening. b. A fence may not lean more than one inch out of vertical for each foot of height as measured from the top of the fence. c. A permit is required for repair of nonconforming fences, walls, or gates when repairs exceed two fence panels or 16 feet in fence length. A permit is required for repair or replacement of conforming fences exceeding 50% of the total fence length; a rolling 12-month time period is used between repairs or replacement. §3.04.08 Emergency Shelters. Emergency shelters are permitted as accessory structures in any district subject to the following: 1. Emergency shelters may be temporarily used for any principal or accessory use permitted in the district during times of emergency as designated by the City. They may not be used for principal or accessory uses prohibited in the district. 2. Emergency shelters may contain or be contained in other structures or may be constructed separately. 3. Emergency shelters may not be located within a required front yard, regardless of whether or not they extend above grade, and are otherwise subject to area and dimensional regulations of the district. §3.04.09 Antennas 1. Telecommunication towers are considered a principal use subject to district use regulations and §7.21 Telecommunication Towers. 2. Amateur radio towers and any other antennas for the reception or transmission of radio or television signals located in FAR and residential districts, used for noncommercial purposes, are considered accessory uses and must be located to the rear of the front building line. See also §7.04 Amateur Radio Towers. 3. The installation of any antenna, which in combination with the support structure is taller than 45 feet, requires a Building Permit and inspection in accordance with this Ordinance and the Building Code. 4. The Board may not issue variances to these provisions unless it is proven to the Board’s satisfaction that no useful signal can be received or transmitted by an antenna located in a manner conforming to this Ordinance. In making its determination, the Board may require evidence of failed reception or transmission, which may include but is not limited to: a. For reception antennas: Video or audio tapes of reception at the site; DR A F T September 15, 2022 3-4 City of Prattville Zoning Ordinance b. For transmission antennas: Signal strength readings of a received signal certified by a registered electrical engineer; or c. For all types of antennas: Theoretical calculations by a registered electrical engineer. §3.04.10 Satellite dishes. Satellite dishes are permitted as accessory structures in all districts. §3.04.11 Waste and Grease Storage Containers 1. Waste and grease storage containers must be screened in accordance with §10.03 Screening. 2. Properly screened containers do not need to be set back from side or rear lot lines of nonresidential premises, provided the enclosure is separated at least five feet from any structure on adjoining lots and any applicable buffer requirements are satisfied. However, containers on nonresidential premises, whether screened or not, may not be closer than 30 feet to any residential district boundary nor 50 ft to any residential structure, whichever is greater. 3. If due to its location and visibility the approving authority does not require screening, waste containers and grease storage containers must be set back at least 20 feet from any property line. 4. In no case may waste containers or associated screens be located on a public right-of-way or public or private easement. §3.05 Manufactured Homes §3.05.01 Permits and Approvals 1. A Permit must be obtained from the City prior to the placement or replacement of any manufactured home. Application must include the following information: a. Year of manufacture b. Model and serial number c. Exterior dimensions of the home d. Affidavit that no structural alterations have been made to the home 2. Each manufactured home must bear a valid set-up inspection sticker from the Alabama Manufactured Housing Commission and have all applicable electrical, gas, water, sewer and HVAC permits. 3. A Certificate of Occupancy and approval for electrical service will not be released by the City until all applicable requirements have been complied with. Occupancy of a manufactured home prior to issuance of a Certificate of Occupancy is subject to fines and penalties in accordance with §11.03 Penalties and Remedies. 4. Approval by the Public Works Department or County Health Department of sewer connection or septic system, respectively, must be provided to the Building Official for each manufactured home. §3.05.02 Additions to manufactured homes are limited to pre-manufactured verandas, carports, and patio covers similar in appearance and design to the manufactured home. Exceptions: Conventional roof structures of sound structural and architectural design constructed in accordance with the Building Code may be added. §3.05.03 Skirting material must be designed exclusively for that purpose and must be underpinned as required by the Building Official. §3.05.04 Manufactured homes without sanitary facilities (toilet and bath or shower) are prohibited. §3.05.05 Manufactured homes installed after the effective date of this Ordinance, including those used to replace an existing home, must comply with the applicable regulations of the US Department of Housing and Urban Development as of 1994 and must be inspected and approved before issuance of a Certificate of Occupancy. The Building Official will inspect each proposed home for evidence of the following or similar conditions or defects. If present, the Official may not issue a Certificate of Occupancy until the conditions have been remedied to the satisfaction of the Building Official: DR A F T Article 3 General Regulations 3-5 1. Exterior water leaks, presence of mold, softness present in interior walls, inadequate vapor retarders, inadequately sealed ducts 2. Missing shingles, uneven roof, holes in roof 3. Broken windows 4. Holes in floor, buckled or uneven floor, deteriorated subfloor 5. Lack of GFCI protection, exposed wiring, inadequate electrical grounding, improper repair of wiring 6. No smoke detectors 7. No heating and cooling installed 8. Damaged sheathing §3.06 Sight Distance, Clearance for Vehicular and Pedestrian Movement §3.06.01 Intersection Sight Distance. Other than traffic control signs, no fence, wall, landscaping, sign or other visual obstruction is permitted between the heights of 3.5 feet and ten feet above street level, that will obstruct a motorist’s line of sight at intersections of streets, driveways or alleys, as determined by the City Engineer in accordance with the following or AASHTO Geometric Design of Highways and Streets, latest addition. Requirements are determined as follows: 1. At the intersection of two streets: 30 ft from the intersection measured along each curb line/edge of pavement 2. At the intersection of a street and a driveway or alley: 20 ft from the intersection measured along the curb line/edge-of-pavement and 20 ft along the driveway or alley pavement 3. At the intersection of a street, alley or driveway with a major street or railroad: 20 ft from the intersection measured along the curb line/edge-of-pavement of the street, alley or driveway and 70 ft along the curb line/edge-of-pavement of the major street or the railroad right-of-way Intersection Sight Distance §3.06.02 Clearance for Vehicular and Pedestrian Movement. All portions of structures, signs, plantings, fences and other appurtenances, whether permanent or not, must comply with the following clearance requirements: 1. A clear height of at least 14 ft above the driving surface must be maintained over an area intended for vehicular use. The Director may permit a lesser vertical clearance provided the applicable vehicle height limit is indicated to motorists. 2. A clear height of at least eight feet above the walking surface must be maintained over any area intended for pedestrian use. However, the Director may permit vertical clearance no less than seven feet where an existing structure is of a design that makes compliance with this requirement impracticable. A clear width of at least five feet must be maintained at all points along a public sidewalk. DR A F T September 15, 2022 3-6 City of Prattville Zoning Ordinance §3.07 Common Open Spaces and Facilities For all proposals involving the creation of common open spaces or facilities, which may include subdivision entrances and signage, that are to be owned and maintained by the developer or a property owner association, the following apply: §3.07.01 If not owned and maintained by the developer, an association representing the owners must own the common open space or facility in perpetuity. Membership in the association is mandatory and automatic for all owners of the subdivision or condominium and their successors. The association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the common open space and/or facilities is borne by the association. §3.07.02 Management Plan. The applicant must submit a plan for management of open space and/or common facilities that: 1. allocates responsibility and guidelines for the maintenance and operation of the common open space/facilities including ongoing maintenance and long-term capital improvements; 2. outlines the means by which funding will be secured; and 3. provides that any changes to the plan must be approved by the Commission; and 4. provides for enforcement of the plan. §3.07.03 In the event the party responsible for the common open space or facilities fails to maintain all or any portion in reasonable order and condition, the City may assume responsibility for its maintenance and may enter the premises and take corrective action, including extended maintenance. The costs of such maintenance may be charged to the association, or to the individual owners that make up the association, and may include administrative costs and penalties. Costs may become a lien on all involved properties. §3.08 Nonconformities Any parcel, use, structure or other component of development, existing on the effective date of this Ordinance, that does not conform to applicable regulations of this Ordinance may be continued and maintained subject to the provisions in this Section. §3.08.01 General Provisions 1. Nothing in this Section may be interpreted to prevent routine maintenance or internal or external improvements to a structure that do not increase any nonconforming condition. 2. Nothing in this Section may be interpreted to prevent the strengthening or restoration of a structure to a safe condition upon an order of a public official charged with protecting the public safety and who declares the structure to be unsafe; provided the restoration does not otherwise violate this Ordinance. §3.08.02 Nonconforming Lots 1. If the owner of a nonconforming lot owns adjoining land that may be combined with the nonconforming lot to comply with lot size, width, yard or other requirements, the lots must be combined before the City may issue any permits for development of the lots. 2. If the owner of a nonconforming lot does not own sufficient adjoining land to enable conformance to the lot size, width, yard and other requirements, one building and its accessory structures may be approved as a Special Exception by the Board. Proposed development must conform as closely as possible, in the opinion of the Board, to the applicable requirements; and neither side yard may be reduced to less than five feet in width or the side yard requirements of the applicable district, if less than five feet. DR A F T Article 3 General Regulations 3-7 §3.08.03 Nonconforming Uses 1. Generally a. A nonconforming use may not be changed to another nonconforming use, unless the Board finds the new nonconforming use reduces the degree of nonconformity and approves the new use as a Special Exception. b. Whenever a nonconforming use changes to a conforming use, it may not thereafter revert to the previous or any other nonconforming use. c. Except as provided to the contrary in Paragraph 3(b) following, a nonconforming use may not be altered, enlarged, or intensified in any way that increases its nonconformity, but may be altered or reduced to decrease its nonconformity. d. When any nonconforming use is discontinued for a continuous period of more than 365 days, any subsequent use on the premises must comply with the use regulations of the applicable district. e. No use that is accessory to a nonconforming use or structure may continue after the principal use has ceased, unless it thereafter conforms to all applicable regulations of this Ordinance. 2. Nonconforming Uses of Land. A nonconforming use of land may not be enlarged to cover more land than was occupied by the use when it became nonconforming. 3. Nonconforming Uses of Structures a. A nonconforming use of a structure may not be extended or enlarged except into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use. b. Nonconforming residential structures in any district, in which the residential use is not permitted, may be enlarged, extended or structurally altered, provided no additional dwelling units are created, and the extension or alteration complies with all other applicable requirements of this Ordinance. §3.08.04 Nonconforming Structures 1. No nonconforming structure may be moved, in whole or in part, to any other location on the same or any other lot unless the entire structure conforms to the regulations of the applicable district upon being moved. 2. Reconstruction of Damaged Structures a. Any nonconforming dwelling damaged by fire, wind, flood, or other causes, may be repaired or rebuilt within the footprint and square footage of the nonconforming dwelling. The repairs or reconstruction must be initiated within 180 days and completed within 365 days of such damage. b. Other nonconforming principal structures damaged by fire, wind, flood or other causes up to 60% of their value prior to the damage, may be repaired or rebuilt within the existing footprint and square footage. If the damage exceeds 60% of the value of the structure, the structure may not be repaired or rebuilt except in conformity with the district regulations. c. Nonconforming accessory structures damaged by fire, wind, flood, or other causes may not be repaired or rebuilt except in conformity with the district regulations. 3. Nonconforming Structures Deemed Unsafe. If a nonconforming structure or portion thereof or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by the Director to be unsafe or unlawful by reason of physical condition, it may not thereafter be restored, repaired or rebuilt except in conformity with the district regulations. DR A F T September 15, 2022 3-8 City of Prattville Zoning Ordinance This page intentionally left blank. DR A F T Article 4 Residential Districts 4-1 ARTICLE 4 RESIDENTIAL DISTRICTS §4.01 General Regulations §4.01.01 Uses 1. Refer to Table 4-1 for uses permissible in residential districts. Refer also to §7.22 Temporary Uses. 2. Accessory uses and structures customary and incidental to dwellings are permitted in all residential districts. Community recycling receptacles are permitted as accessory uses only in accordance with §7.18 Recycling Facilities and Donation Bins. §4.01.02 Area and Dimensional Requirements 1. All permitted uses must comply with the minimum lot size, area and width and minimum yard setbacks in Table 4-2, except that permitted nonresidential uses are subject to a maximum height of 50 feet and 2-1/2 stories. 2. Structures of nonresidential uses must be set back from side and rear lot lines in accordance with the buffer requirements in §10.02 Buffers. 3. A porch or structure or part thereof that is attached to the principal building is considered part of the principal building and is subject to the yard requirements of the applicable district. However, carports and porte-cocheres attached to the side of the principal structure may extend to within two feet of the side lot line provided: a. the structure is open on all sides other than that attached to the principal building; b. the structure is no taller than 12 feet and there is no enclosed space immediately above that may be used for storage or occupied in any way; c. the structure does not extend closer than eight feet to any part of a dwelling on an adjoining lot nor six feet to any part of a similar open structure on an adjoining lot and all applicable fire protection requirements of the Building Code are met; and d. if located within five feet of a side or rear lot line, stormwater may not be directed toward any adjoining property. The method and direction of stormwater collection and drainage must be indicated on the site plan and must be approved. §4.01.03 Additional Regulations 1. Accessory structures on lots zoned for or used for residential purposes, other than those located within a multifamily or manufactured home park development, are subject to §3.04.06 Accessory Structures, Site Appurtenances, the regulations of the applicable district and the following: a. Accessory structures may not extend forward of the front yard setback or front building line, whichever is greater. b. Accessory structures must be set back at least five feet from side and rear lot lines, ten feet from the principal structure, and five feet from other accessory structures. Accessory structures exceeding 15 ft in height must be set back one additional foot from side and rear lot lines for each two feet in height above 15 ft. “Lean-to” style storage structures, no larger than 50sf, may be placed or attached directly to the principal structure; if on a side façade, may not encroach into the side yard setback, and if on a rear façade, may not encroach more than five feet into the rear yard setback. c. The cumulative area of accessory structures on a parcel may not exceed 50% of the established rear yard. d. Accessory structures larger than 200 sf must include exterior materials or cladding similar to that of the principal structure. However, this does not apply to accessory structures set back at least 50 ft from any dwelling on an adjoining lot. DR A F T September 15, 2022 4-2 City of Prattville Zoning Ordinance e. Attached, unenclosed decks without roofs must be set back at least five feet from side and rear lot lines. If roofed, they are subject to the same setbacks as the dwelling. 2. Accessory structures of permitted nonresidential uses and those located within multifamily and manufactured home park developments are subject to §3.04.06 Accessory Structures, Site Appurtenances and the following: a. Accessory structures are not permitted in required buffers. b. Exterior materials or cladding must be the same as or complementary to the principal structure. This does not apply to accessory structure on individual home stands in manufactured home parks. c. Accessory structures are subject to the same setbacks as the principal structure. 3. Fences and walls a. Fences and walls forward of the front building line may not exceed four feet in height and may not be opaque. b. Fences and walls along or behind the front building line may not exceed eight feet in height. However, fences and walls taller than four feet may extend into the secondary front yard of single-frontage lots but must be set back from the secondary front lot line a minimum distance equal to the side setback requirement of the applicable district. c. Fences and walls may not include barbed wire, razor wire, broken glass, or other elements reasonably capable of causing harm to persons or animals. §4.01.04 Recreational vehicles, boats and utility trailers 1. Recreational vehicles may not be occupied or used for living, sleeping or housekeeping purposes. DR A F T Article 4 Residential Districts 4-3 2. Recreational vehicles, boats and utility trailers may not be stored forward of the front building line, but may be parked anywhere on the premises for loading and unloading purposes. §4.02 R-1 Single-Family Residential District The purpose of this district is to provide for low-density, detached single-family dwellings and other uses customary to low-density single-family neighborhoods. §4.03 R-2 Single-Family Residential District The purpose of this district is to provide for low-density, detached single-family dwellings and other uses customary to low-density single-family neighborhoods. §4.04 R-3 Single-Family Residential District The purpose of this district is to provide for medium-density, detached single-family dwellings and other uses customary to medium-density single-family neighborhoods. §4.04.01 Additional Standards 1. Street-facing garages. For front-loaded interior lots, that portion of a dwelling’s front façade containing a garage may not project more than six feet closer to the front setback line than the nearest wall plane or porch. Garage doors wider than ten feet must include one or more of the following design elements: windows, wood or wood composite, raised panels, or decorative trim around the door opening. 2. Driveways on interior lots. Driveways in front yards may not be wider than 40% of the lot width. 3. Proposed subdivisions of 50 or more lots must provide one or more common open spaces of at least ten percent of the area of the development, excluding street rights-of-way and any stormwater retention or detention areas. However, this requirement does not apply when the average lot size within a proposed subdivision is greater than 9,000 sf. §4.05 R-4 Multifamily Residential District The purpose of this district is to provide for high density, single-family and multifamily dwellings and other uses customary to high density and multifamily neighborhoods. §4.05.01 Multifamily developments with five or more units per building must comply with §7.15 Multifamily Development. §4.05.02 Additional standards for single-family, duplex, triplex and quadplex lots 1. Street-facing garages. For front-loaded interior lots, that portion of a dwelling’s front façade containing a garage may not project more than six feet closer to the front setback line than the nearest wall plane or porch. Garage doors wider than ten feet must include one or more of the following design elements: windows, wood or wood composite, raised panels, or decorative trim around the door opening. 2. Off-street parking spaces for triplex and quadplex lots may not be located forward of the front building line. 3. Driveways on interior lots. Driveways may not occupy more than 40% of the front yard of detached single-family lots and not more than 50% of townhouse lots. 4. Driveways on corner lots must be set back as far as practicable from the adjoining intersection. §4.06 R-5 Single-Family High-Density District The purpose of this district is to provide for high-density, detached and semi-detached single-family dwellings and other uses customary to high-density single-family neighborhoods. §4.06.01 Development of patio homes must comply with §7.16 Patio Homes. DR A F T September 15, 2022 4-4 City of Prattville Zoning Ordinance §4.06.02 Front-loaded lots 1. Street-facing garages. For front-loaded interior lots, that portion of a dwelling’s front façade containing a garage may not project more than six feet closer to the front setback line than the nearest wall plane or porch. Garage doors wider than ten feet must include one or more of the following design elements: windows, wood or wood composite, raised panels, or decorative trim around the door opening. 2. Driveways on interior lots. Driveways may not occupy more than 40% of the required front yard. 3. Driveways on corner lots must be set back as far as practicable from the adjoining intersection. §4.07 R-6 Single-Family Townhouse District The purpose of this district is to provide for development of townhouses to promote effective, efficient and economical utilization of land, in areas of suitable location and character for such development as determined by existing land use characteristics and future land use as defined in the Comprehensive Plan. §4.07.01 Development of townhouses must comply with §7.23 Townhouses. §4.08 T-1 Manufactured Home Subdivision District The purpose of this district is to provide for the development of manufactured homes on individual lots. §4.08.01 Development of Manufactured Home Subdivisions must comply with §7.13 Manufactured Home Subdivisions and the City Subdivision Regulations. Manufactured homes must comply with §3.06 Manufactured Homes. §4.08.02 Additions and accessory structures must conform to the Building Code. §4.09 T-2 Manufactured Housing District All T-2 zoned properties are subject to the requirements in effect at the time of their rezoning to T-2 and as may have been subsequently amended. All manufactured homes hereafter installed in an existing T-2 District must comply with §3.06 Manufactured Homes. It is the intent of the City that the T-2 District no longer be available for application to other properties. §4.10 T-3 Manufactured Home Park District The purpose of this district is to provide for manufactured home and tiny home parks including accessory uses customary to residential communities. §4.10.01 Development of manufactured home and tiny home parks must comply with §7.12 Manufactured Home and Tiny Home Parks. Manufactured homes must comply with §3.06 Manufactured Homes. §4.10.02 Recreational vehicles and similar portable structures may be approved for only temporary residential occupancy within a manufactured home park as a Special Exception provided that the use is located within a separate portion of the park from permanent dwellings. The Board will apply conditions on the approval to assure that no portable structure may be occupied by the same tenant for a continuous period in excess of three months and that the structures are maintained in a habitable condition as required for manufactured homes in §3.06. That portion of the manufactured home park used for temporary residential occupancy in portable structures and each home stand within it must conform to all requirements of Manufactured Home and Tiny Home Park §7.12, except as specifically modified by the Board in its approval. §4.10.03 Nonconformities. Any lawfully nonconforming manufactured home park may continue to operate as such, provided it meets all applicable state and county public health requirements. However, no additional spaces may be created and no additional homes may be placed within the park, not including replacement of existing homes, until the park is brought into compliance with these regulations. Where it is not practicable to make an existing park fully conform, placement of additional homes or creation of additional spaces may only be approved upon written request to the Board, who may place conditions on approval to ensure that the park is brought into conformance as fully as practicable. DR A F T Article 4 Residential Districts 4-5 DR A F T September 15, 2022 4-6 City of Prattville Zoning Ordinance TABLE 4-1: USES PERMITTED IN RESIDENTIAL DISTRICTS R-1 R-2 R-3 R-4 R-5 R-6 T-1 T-3 Residential Uses Accessory Dwellings, subject to §7.01 SE SE SE Caretaker Dwelling, for Institutional Use SE SE SE SE Duplex SE P Manufactured Home, on its own lot P Manufactured Home/Tiny Home Park, subject to §7.12 P Manufactured Home Subdivision, subject to §7.13 P Multifamily Dwelling, subject to §7.15 P Patio homes (detached, semi-detached), subject to §7.16 P P Single-family, conservation subdivision, subject to §7.08 P P P P P P Single-family, cottage development, subject to §7.08 P P P Single-family, detached P P P P P P Tiny Home, excluding Tiny Homes on Wheels SE Townhouse (single-family attached), subject to §7.23 P P Triplex, Quadplex SE P Residential and Day Care Facilities Assisted and Independent Living Facilities SE SE SE PSE Child or Adult Day Care CenterHome SE SE SE SE SE Child Day Care Group Home SE SE SE SE SE Child Day Care Home, subject to §7.09 SE SE SE SE SE Emergency and Transitional Care Homes SE Family Care Home PSE Nursing Care Facility SE Other Nonresidential Uses Amateur Radio Tower, subject to §7.04 P P P P P Bed and Breakfast, subject to §7.06 SE SE SE SE Cemetery SE SE SE SE SE SE SE Country Club SE SE SE SE SE SE SE Golf Course SE SE SE SE SE SE SE Home occupation, subject to §7.09 P P P P P P P P Institutional Use, Low intensity SE SE SE SE SE SE SE Institutional Use, Medium intensity SE SE SE SE SE SE SE Keeping of Chickens and Honey Bees, subject to §7.11 P P P P P P Parks, Playgrounds and Nature Preserves P P P P P P P P Parking, Off-site SE SE SE SE SE SE SE SE Public Facilities P P P P P P P P Public Utility Facility, Major and Minor SE SE SE SE SE SE SE Small Cell Facilities, subject to City Code P P P P P P P P Telecommunications Tower, subject to §7.21 SE SE SE SE SE SE SE SE P – The use is permitted by right SE – The use requires Special Exception approval per §12.03 A blank cell indicates the use is prohibited DR A F T Article 4 Residential Districts 4-7 TABLE 4-2 AREA AND DIMENSIONAL REQUIREMENTS FOR RESIDENTIAL DISTRICTS Minimum Yard Size (ft) Minimum Lot Size Maximum Height8 Maximum Building Area Front Side Rear Lot Area (sf) Lot width (ft) Primary Secondary R-1 Single-Family Residential District 40 30 15 45 15,000 100 35 ft or 2-1/2 stories 25% R-2 Single-Family Residential District 35 25 10 40 10,500 75 35 ft or 2-1/2 stories 25% R-3 Single-Family Residential District Side loaded Rear loaded Front loaded 25 20 20 25 12/21 72 7 30 7,500 7,000 8,2002 60 55 65 35 ft or 2-1/2 stories 40%2 R-4 Multifamily Residential District Single-family, detached Side loaded Rear loaded Front loaded4 Townhouses Duplex Triplex Quadplex Multifamily7 25 20 20 20 15 20 20 20 20 12/21 7 7 0/103 7 7 7 10 20 25 15 25 30 30 30 30 5,000 4,500 6,000 2,000 7,000 8,500 10,000 12,000 45 40 50 20 55 60 65 75 35 ft or 32 stories 50% 50% 50% 60% 50% 50% 50% 50% R-5 Patio Home Residential District Side loaded Rear loaded Front loaded3 20 20 302 20 20 20 12/21,5 75 72, 5 20 25 15 4,500 4,000 5,5002 45 40 502 35 ft or 2-1/2 stories 50% R-6 Townhouse Residential District 20 15 0/103 20 2,000 20 35 ft or 2-1/2 stories 60% T-1 Manufactured Home Subdivision District 20 8 10 6,500 60 1 story or 15 ft 40% T-3 Manufactured Home Park District 6 25 20 20 6 4 ac n/a 1 story or 15 ft 30% 1. 12 ft side yard required for driveway; 2 ft yard required on other side provided a minimum spacing from principal structure on adjoining lot is 12 ft. 2. Additions or other changes to dwellings developed in conformance with previous requirement, but that no longer conform to amended requirements, may be approved administratively provided they comply with the requirement in effect at the time of initial construction. Board approval is not required. 3. No side yard required between interior units; each end unit must have a side yard at least ten feet wide. 4. Front loaded lots with two-car garages must be at least 6,500 sf in area and 60 ft wide. 5. For zero-lot line and semi-detached dwellings, a zero-foot setback is permitted on one side; the other side setback is determined by fire separation requirements. 6. Requirements are for the manufactured home park site. For dimensional requirements of tiny home parks or manufactured home stands, refer to §7.12 Manufactured Home and Tiny Home Parks 7. Refer to Multifamily Development §7.15 for multifamily height and further dimensional requirements 8. When elevation of a structure is necessary for compliance with the Flood Damage Prevention Ordinance, maximum height may be exceeded by the amount needed to be compliant (i.e. Base Flood Elevation plus freeboard). DR A F T September 15, 2022 4-8 City of Prattville Zoning Ordinance This page intentionally left blank. DR A F T Article 5 Nonresidential Districts 5-1 ARTICLE 5 NONRESIDENTIAL DISTRICTS §5.01 General Regulations §5.01.01 Uses. Refer to Table 5-1 for uses permissible in nonresidential districts. For temporary uses refer to §7.22 Temporary Uses. §5.01.02 Area and Dimensional Requirements. All permitted uses must comply with the minimum lot size, area and width and minimum yard setbacks in Table 5-2. §5.01.03 Additional Regulations 1. Accessory structures are subject to §3.04.06 Accessory Structures, Site Appurtenances and the following: a. No accessory structures may be located in required landscape buffers. b. Accessory structures are subject to the same setbacks as the principal structure. 2. Temporary Structures. The Board may permit the use of a temporary structure for up to 18 months prior to construction of a permanent structure, which will replace the temporary structure. The owner must give evidence, satisfactory to the Board, of the owner's good faith and intent to have constructed a permanent structure. Under no circumstances may such structures be authorized as for habitation. 3. Fences and walls may not exceed ten feet in height. 4. Appearance Standards. The following standards apply except the M-1 and M-2 Districts: a. The use of metal siding on any street-facing and side facades is subject to approval by the Board of Adjustment in accordance with §12.03 Special Exceptions. b. Street-facing facades of principal buildings may not be longer than 40 ft horizontally without one of the following forms of articulation: projecting or recessed entry, column, pillar or other change in the wall plane, window, door or similar design feature. A change in material or color must be accompanied by a change in the wall plane of at least six inches to satisfy this requirement. c. Storage or display of tires between the principal building and the front property line is prohibited. d. Mechanical units (e.g. air conditioners) must be shielded from view from the public right-of-way §5.02 B-1 Neighborhood Business District The purpose of this district is to provide for businesses of limited scale that serve the daily needs of residents in adjoining neighborhoods and other uses compatible with neighborhood businesses and the neighborhoods they serve. §5.02.01 Retail, services, offices and other permitted businesses are limited to 11,000 sf gross floor area per establishment. Restaurants are limited to a seating capacity of 100. Additional seating capacity may be considered as a Special Exception (see §12.03). §5.02.02 All goods produced on the premises must be sold at retail on the premises. §5.02.03 All business must be conducted within an enclosed building, except as follows: 1. Outdoor dining is permitted accessory to a standard restaurant. 2. Outdoor display areas may be authorized by the Board of Adjustment as a Special Exception provided the outdoor display areas are accessory to an enclosed retail use and do not exceed a total of 2,000 sf with no more than 800 sf forward of the front building line. It is intended that refrigerators, washers, dryers, couches, recliners and any other items of similar size and bulk not be displayed forward of the front building line; and therefore, the Board may condition its approval accordingly. §5.02.04 Loading and unloading areas may not extend forward of the front building line. DR A F T September 15, 2022 5-2 City of Prattville Zoning Ordinance §5.03 B-2 General Business District The purpose of this district is to provide for a wide variety of businesses, lodging, offices and compatible uses which are often located to serve through traffic. May include limited outdoor storage secondary to the principal use. §5.03.01 Manufacturing incidental to a retail business, not specifically prohibited, where articles are sold at retail on the premises may be permitted as a Special Exception (see §12.03). §5.04 B-3 Community Shopping District All B-3 zoned properties are subject to the requirements in effect at the time of their rezoning to B-3 and as may have been subsequently amended. It is the intent of the City that the B-3 District no longer be available for application to other properties. §5.05 B-4 Highway Commercial District The purpose of this district is to provide for businesses that cater to commuters, interstate and highway travelers and shoppers from within and beyond the city. §5.05.01 All Special Exception uses must be accompanied by a site plan which must be approved by the Board. Modifications to an approved site plan that involve conditions placed on it by the Board must be approved by the Board. §5.06 O-1 Office District The purpose of this district is to provide areas for business and professional offices and compatibles uses with limited hours of operation, traffic and other characteristics that allow flexibility in terms of location with respect to residential areas and transportation infrastructure. §5.06.01 Offices including not more than ten percent of the total floor area involved in storage and sale of goods or merchandise, may be permitted as Special Exceptions by the Board provided they meet all other requirements and any other restrictions imposed by the Board to preserve the character of the neighborhood. §5.07 INST Institutional District The purpose of this district is to provide locations for public and semi-public institutional uses, particularly those of larger scale and intensity than would be appropriate in residential areas. §5.08 M-1 Light Industry District The purpose of this district is to provide areas for light manufacturing, warehousing, distribution and compatible uses, which are not associated with retail trade and are generally not appropriate in community business and residential areas. §5.08.01 Special Exception uses: Any manufacturing or business use not specifically prohibited, including metal fabrications. Limited retail incidental and related to the principal use on site. §5.08.02 Prohibited uses: abattoir; slaughterhouse; stockyard; bag cleaning; boiler and tank works; central mixing plant for cement, mortar, plater, or paving materials; curing, tanning or storage of hides; distillation of bones, coal, tar, or wood; fat rendering; forge plant; manufacture of acetylene, acid, ammonia, bleaching powder, brick, pottery, terra cotta or tile, concrete blocks, disinfectants, dye-stuffs, fertilizers, illuminating or heating gas including storage of same; paint, turpentine, varnish, soap, and tar products; wool pulling or scouring; junkyards; cotton waste reclaiming; and similar types of plants or operations. DR A F T Article 5 Nonresidential Districts 5-3 §5.09 M-2 General Industry District The purpose of this district is to provide areas for industry and compatible uses which may be detrimental to property or to the health and safety beyond the district by reason of the emission of odor, dust, fumes, gas, smoke, noise vibration or waste material. Limited retail incidental and related to the principal use on site may be approved through Special Exception. TABLE 5-1: USES PERMITTED IN NONRESIDENTIAL DISTRICTS P – The use is permitted by right E – Uses existing as of the effective date of this Ordinance are permitted. New construction and expansion of an existing use is prohibited. SE – The use required Special Exception approval per §12.03 A blank cell indicates the use is prohibited. B-1 B-2 B-4 INST O-1 M-1 M-2 Commercial Uses Ambulance Service P SE SE SE P Alternative Financial Services, subject to §7.03 P P Automobile Repair, Minor SE P P P Automobile Repair, Major P SE P Business or Professional Office P P P P P Broadcast Studio P P P P Business Support Service SE P P P P Commercial Kitchen P P P Construction Service, Major P Construction Service, Minor P P P Car Wash P P Farm Support Business P P Funeral Home P SE P Gas Station SE P P P Heavy Vehicle and Equipment Sales, Rental and Service SE P P Medical Clinic SE P P SE Mini-storage Facility, subject to §7.14 P SE P Outdoor Storage SE SE P P Parking, Off-site SE P P P P P Printing Service P P P P Repair Service SE P P P Research Laboratory SE SE SE P P School, Commercial SE SE P P Studio P P P P P Truck Stop P P Vehicle and Equipment Sales, Rental and Service P P P Wholesaling Establishment P P P Day Care and Residential Care Facilities Adult Day Care Home P P Assisted Living Facility SE SE P Child or Adult Day Care Center P P P P P Child Day Care Group Home P P DR A F T September 15, 2022 5-4 City of Prattville Zoning Ordinance TABLE 5-1: USES PERMITTED IN NONRESIDENTIAL DISTRICTS P – The use is permitted by right E – Uses existing as of the effective date of this Ordinance are permitted. New construction and expansion of an existing use is prohibited. SE – The use required Special Exception approval per §12.03 A blank cell indicates the use is prohibited. B-1 B-2 B-4 INST O-1 M-1 M-2 Child Day Care Home P P Emergency Care Home SE Family Care Home SE SE Independent Living Facility SE SE Nursing Care Facility SE P Transitional Care Home SE Dwellings . Caretaker Dwelling SE P P P P P Multifamily dwellings (more than 4 units per bldg.) E E Single-family detached SE E E Duplex, Triplex and Quadplex dwellings SE SE Upper-story dwellings P P P Institutional and Assembly Uses Low intensity institutional uses SE P P P P P Medium intensity institutional uses SE P P P P P High intensity institutional uses SE SE P P Airport SE SE Animal Shelter SE SE P Cemetery SE SE SE Club, Private P P P P Hospital SE Lodging Uses Bed and Breakfast, subject to §7.06 P P Hotel SE P P Motel P P Manufacturing and Industrial Uses Heavy Industry SE Laundering Plant P P Junkyard, subject to §7.10 SE P Manufacturing, General SE P Manufacturing, Light P P Recycling Center, subject to §7.18 SE P SE P P Recycling Plant P P Resource Extraction SE Sanitary Landfill P P Timber production P P Warehousing and distribution SE P P Personal services DR A F T Article 5 Nonresidential Districts 5-5 TABLE 5-1: USES PERMITTED IN NONRESIDENTIAL DISTRICTS P – The use is permitted by right E – Uses existing as of the effective date of this Ordinance are permitted. New construction and expansion of an existing use is prohibited. SE – The use required Special Exception approval per §12.03 A blank cell indicates the use is prohibited. B-1 B-2 B-4 INST O-1 M-1 M-2 Personal services P P P Pet Grooming, Veterinary Hospital with no outside runs SE P P Pet Grooming, Veterinary Hospital with outside runs SE P Laundry services P P P P Tattoo parlor, subject to §7.20 P P Recreation and Entertainment Bars and Nightclubs, excluding Adult Entertainment, subject to §7.05 P P Campground, subject to §7.17 SE SE Country Club P P Entertainment, Adult, subject to §7.02 P Entertainment, Indoor SE P P Entertainment, Outdoor SE SE P Parks, Playgrounds and Nature Preserves P P P P P P P Recreation, Indoor SE P P SE Recreation, Outdoor SE SE SE P Restaurant Fast Food Restaurant P P Pick-Up and Delivery Only Restaurant P P Standard Restaurant P P P Retail General Retail P P P Adult Novelty Store Alcohol and liquor sales for off-premises consumption P P Garden centers, nurseries SE P P P Pawn shop, with no outdoor sales or storage SE P Pawn shop, with outdoor sales or storage SE Unenclosed Retail SE P P Telecommunications, Transportation and Utilities Bus Terminal SE SE P P Helipad SE SE P P Public Utility Facility, Major SE SE SE P P Public Utility Facility, Minor SE P P SE SE P P Railroad facilities SE SE P P Small Cell Facilities, subject to City Code P P P P P P P Taxi or Limousine Service P P Telecommunication Tower, subject to §7.21 SE SE SE SE P P DR A F T September 15, 2022 5-6 City of Prattville Zoning Ordinance DR A F T Article 5 Nonresidential Districts 5-7 TABLE 5-2 AREA AND DIMENSIONAL REQUIREMENTS, NONRESIDENTIAL DISTRICTS Minimum Yard Size Minimum Lot Size Maximum Height Maximum Building Area Front3 Side Rear Area width at building line B-1 25 ft 1 20 ft 2 2 2 stories n/a B-2 n/a n/a n/a 2 2 65 ft or 5 stories n/a B-4 25 ft 20 ft 20 ft 20,000 sf 2 75 ft or 5 stories 50% INST 25 ft 1 n/a 2 2 45 ft or 3 stories n/a O-1 25 ft 1 20 ft 2 2 45 ft or 3 stories n/a M-1 n/a4 1 n/a 2 2 50 ft or 4 stories n/a M-2 n/a 1n/a n/a 2 2 50 ft or 4 stories n/a 1. No side yard setback is required, although a setback may be required for buffers or perimeter landscaping in accordance with §10.02 Buffers and §10.04 Vehicular Area Landscaping 2. It is the intent of the ordinance that lots of sufficient size be used for any business or service use to provide adequate parking and loading space in addition to the space required for the other operations of the business or service 3. Where existing buildings on the same frontage (other than residential) are set back, the minimum front yard setback is the average of the setbacks of the existing buildings within 300 feet each side thereof DR A F T DR A F T Article 6 Special Districts 6-1 ARTICLE 6 SPECIAL DISTRICTS §6.01 FAR Forest, Agricultural, Recreation District The purpose of this district is to provide areas for agriculture, forestry, environmental conservation, single- family residential on large lots and similar uses of open land. §6.01.01 Uses. Refer to Table 6-1 for uses permissible in the FAR District. 1. Refer also to §7.22 Temporary Uses. 2. All uses not classified as permitted or Special Exception uses are prohibited §6.01.02 Area and Dimensional Requirements. 1. All permitted uses must comply with the minimum lot size, area and width and minimum yard setbacks in Table 6-2. 2. The keeping of livestock and poultry is limited to two animal units per acre as provided in Table 6-3. Any portions of a property prohibited from keeping of animals by City Code may not be counted in calculating the number of animals permitted. TABLE 6-1 FAR DISTRICT PERMITTED USES Permitted Uses Accessory dwellings subject to §7.01 Accessory structures or use customarily incidental to any permitted uses Agricultural and forestry uses, except commercial feed lots Amateur radio towers, subject to §7.04 Conservation areas and structures for the development, protection, preservation and conservation of open space, watersheds, water, soil, forest and wildlife resources Home occupations, subject to §7.09 Parks, playgrounds, play fields and similar outdoor recreation facilities, excluding amusement parks and any recreational uses classified as Special Exception Uses Single-family detached dwellings Telecommunication Towers, subject to §7.21 Special Exception Uses Accessory structures or uses customarily incidental to any special exception uses Bed and Breakfast, subject to §7.06 Campgrounds, subject to §7.17 Cemeteries Golf courses Low-intensity institutional uses Private clubs Roadside stands for the sale of produce raised on the farm premises Plant nurseries and greenhouses with retail sales Public utility facilities Resorts Riding academies and stables Sanitary landfills DR A F T September 15, 2022 6-2 City of Prattville Zoning Ordinance TABLE 6-2 FAR DISTRICT AREA AND DIMENSIONAL REQUIREMENTS Minimum Yard Size Minimum Lot Size Minimum Lot Width at building line Maximum Height Maximum building area Front Side Rear Inside lot Corner lot 50 ft 1 20 ft 40 ft 40,000 sf 150 ft 200 ft 2-1/2 stories or 35 ft 20% 1. Minimum required corner lot yard width from all streets: 35 ft 2. No accessory structure may exceed two stories or 25 feet in height, unless otherwise specified in §3.04.045 Height. TABLE 6-3 ANIMAL UNITS Cattle over 2 yrs. old 1.0 Sheep and goats over 2 yrs. old 0.2 Cattle 6-12 mos. old 0.5 Sheep and goats up to 2 yrs. old 0.15 Cattle 12-24 mos. old 0.75 Swine 55 or more lbs. 0.4 Horses, mules and donkeys over 2 yrs. old 1.25 Swine under 55 lbs. 0.2 Horses, mules and donkeys up to 2 yrs. old 0.8 Turkeys, ducks, chickens and other poultry 0.02 Example: How many adult horses can be kept on a property with 20-acres of land eligible for keeping of livestock? 20-acres x 2 animal units permitted per acre = 40 animal units permitted 40 animal units permitted ÷ 1.25 animal units per adult horse = 32 adult horses §6.02 Redevelopment District All RD-1 zoned properties are subject to the requirements in effect at the time of their rezoning to RD-1 and as may have been subsequently amended. It is the intent of the City that the RD-1 District no longer be available for application to other properties. §6.03 Downtown Overlay District The purpose of this overlay district is to assure new development, redevelopment and reinvestment in Downtown Prattville is consistent with its walkable, historic development pattern and to promote a diversity of business, institutional and other compatible uses. §6.03.01 Applicability 1. The Downtown Overlay District requirements supplement underlying district regulations and all other applicable zoning requirements. Where overlay district requirements conflict with other zoning requirements, the more restrictive requirements apply. Also note that some properties in the overlay district may also be within the Prattville Historic District and subject to additional design guidelines. 2. Overlay district requirements apply to: a. new development and redevelopment of existing structures b. additions to existing buildings c. moving of existing structures or signs d. changes to the arrangement of existing parking areas, circulation and access drives beyond re- striping e. changes to street-facing facades of existing buildings that require a permit DR A F T Article 6 Special Districts 6-3 f. installation of new signs and changes to existing signs that require a permit §6.03.02 Use Standards 1. Where permitted in the underlying zoning district, the following uses require Special Exception approval by the Board: a. farm support business b. gas station c. major and minor vehicle repair d. mini-storage facility (also subject to subject to §7.14) e. recycling center f. unenclosed retail g. vehicle and equipment sales, rental and service 2. Notwithstanding the use limitations of an underlying residential district, duplexes, triplexes and quadplexes may be permitted by Special Exception and must comply with the setbacks and other area and dimensional requirements of the underlying district. 3. The following uses are prohibited regardless of whether they are permitted in the underlying district: a. Campground or recreational vehicle park b. fast food restaurant c. heavy vehicle and equipment sales, rental and service d. motel e. outside runs of pet grooming and veterinary businesses f. pawn shop with outdoor sales or storage §6.03.03 Building Design 1. Applicability, Purpose. These building design standards apply within the overlay district that are not within a locally designated historic district. The standards apply only to street-facing facades, unless otherwise noted; and are intended to prolong the life of buildings, reduce the need for periodic maintenance and repairs, maintain compatibility with downtown’s historic character and to promote pedestrian activity. 2. Materials Standards a. Permitted Materials. brick, stone, glass, wood, stucco, imitation stucco, cement fiber board, precast concrete, poured concrete, and split-face and textured concrete block b. Restricted Materials. Vinyl may only be used as soffits and other trim material. c. Prohibited Materials. Vinyl siding, non-textured concrete block except along foundation, metal siding (including street-facing and side facades) 3. Windows and Doors a. That portion of the building facade within ten feet above grade level must contain at least 40% fenestration. b. Every nonresidential building must have and maintain a public entrance along the street-facing facade. c. Entrances must be recessed so that entry doors do not swing out into the public sidewalk. d. For other than projecting windows, window glass must be recessed at least one inch from the plane of the exterior wall. DR A F T September 15, 2022 6-4 City of Prattville Zoning Ordinance e. Windows may not be opaque, excluding permitted window signs, nor lined or covered with mirrored film or similar reflective material. 4. Awnings and Canopies a. Awnings and canopies must maintain vertical pedestrian clearance in accordance with §3.06 Sight Distance, Clearance for Vehicular and Pedestrian Movement. b. Translucent awnings and canopies may not be internally illuminated, though they may be illuminated by light fixtures attached to the building above the awning or canopy. This does not apply to signs attached to a canopy. c. Awnings may not be longer than 30 ft. 5. Nonconforming Materials, Repairs. For permits involving changes to an existing building, any nonconforming exterior materials within the portion of the building included within the permit must be replaced with conforming materials; and any existing materials must be repaired of any defect or damage identified by the Director or replaced, as necessary, before a permit is approved. However, the City may not require replacements or repairs in excess of 20% of the estimated cost of the work included in the permit application. §6.03.04 Buffers, Screening and Landscaping 1. For existing development that does not conform to applicable requirements of Article 10, buffers, screening and parking lot landscaping must be improved to conform to the degree practicable, as determined by the approving authority and as further modified by the standards herein. However, the City may not require landscaping improvements in excess of 20% of the estimated cost of the work included in the permit application. 2. Foundation landscaping is only required for buildings when off-street parking, driveway or other vehicular area is located between the building and the front property line. 3. Perimeter landscaping is only required for nonresidential and mixed-use buildings along those lot lines adjoining a residential use and any multifamily development adjoining any single-family or duplex dwelling. §6.03.05 Parking and Access 1. For nonresidential uses off-street parking requirements are reduced to 75% of that required in Article 8. On-street parking contained within the frontage of the subject lot may be counted toward required parking. Further reduction of parking requirements may be approved by the Board as a Special Exception based on the availability of public parking. 2. The Director may approve off-street parking located off-site if within 400 ft of the premises. A greater distance may only be approved as a Special Exception by the Board. 3. Off-street parking, loading and other vehicular use areas may not be located forward of the front building line. When off-street parking or loading adjoins any street frontage, it must be fully screened by a continuous hedge or fence at least four feet tall at grade level, excluding access drives where permitted. 4. Driveways are to be limited as follows, subject to approval of the City Engineer: a. Driveway access should be taken from an alley if present. b. Driveways, along the same side of the street must be spaced as far apart as practicable, however, adjoining properties are encouraged to use a shared access drive. c. Driveways on corner lots must be placed on the street of lesser classification or lower traffic volumes. Driveways must be placed as far from the intersection as practicable. DR A F T Article 6 Special Districts 6-5 §6.03.06 Signage 1. Subject to approval of the Director, freestanding signs may be permitted only when located on a portion of the site where the building is set back at least ten feet from the front property line. Where permitted, freestanding signs may not be taller than eight feet above grade level. 2. Temporary signs may be placed on the public sidewalk subject to the following limitations: a. Signs must maintain pedestrian clearance along the sidewalk in accordance with §3.06 at all times. b. Signs must be removed during that time in which the nonresidential use placing the sign is not open to the public. c. Signs may not exceed six square feet in area nor be taller than four feet. §6.04 Planned Unit Development District §6.04.01 General Provisions 1. Purpose. The Planned Unit Development (PUD) District is intended to provide flexible land use regulations and development standards that encourages greater variety in the type of design, siting of structures, and combination of uses. Planned Unit Development involves a review and approval process: 1) to establish standards that may vary from those of conventional zoning districts and 2) to negotiate other performance criteria. Development within a PUD District must be consistent with the Comprehensive Plan, be compatible with surrounding neighborhoods and preserve valuable natural and historic features. 2. Community objectives. PUD developments are intended to achieve the following general objectives: a. Promote choice in housing type, lot size or neighborhood environment. b. Preserve trees, slopes and geological features and prevents adverse effects such as erosion. c. Attain more efficient use of land that may result in smaller or more economically designed infrastructure d. Achieve a development pattern in harmony with the Comprehensive Plan with a more desirable environment than would be achieved solely through the application of minimum zoning and subdivision requirements. 3. Applicability a. All properties in an approved PUD District are bound by the standards in the applicable Master Plan, even if subsequently sold, unless and until the Master Plan is voided by the City on request of the owner. No use of the property, nor construction, modification or alteration of any use or structure is permitted in conflict with the approved Master Plan. However, to maintain continuity, a PUD will not be considered nonconforming solely as a result of a portion of the tract being rezoned. b. The Board of Adjustment may not grant variances that would have the effect of amending an approved Master Plan. c. No amendment of this Ordinance affects a PUD District approved prior to such amendment. The approved Master Plan may continue in accordance with the Zoning Ordinance in effect at the time of such prior approval. Should the Master Plan approval expire or be voided, any newly submitted Master Plan must conform to the regulations in effect at the time of the new submittal. 4. Relationship to Other Regulations. All provisions of the Zoning Ordinance and Subdivision Regulations apply except where specifically addressed in this Section or within the approved Master Plan. During review of any subdivision plats related to an approved PUD, the Commission may modify or waive requirements of the Subdivision Regulations, with a favorable recommendation of the Director and City Engineer, as necessary to implementation of the approved Master Plan. Conditions imposed by the Commission and accepted by the applicant apply and must be noted on the final plat. DR A F T September 15, 2022 6-6 City of Prattville Zoning Ordinance §6.04.02 Procedure. Before any subdivision site improvements are made or building permits are issued, the developer must apply for and secure approval for a PUD District as follows: 1. Preliminary Master Plan, Rezoning a. The developer must submit a preliminary master plan with the rezoning request to the Commission. b. The Director will review and coordinate reviews by other departments and utilities prior to consideration by the Commission. c. After holding a public hearing on the application for rezoning and approval of the preliminary master plan, the Commission will make a recommendation for approval, approval with changes, or denial to the Council; or, with consent of the applicant, table postpone its recommendation to allow time for further review or for the applicant to make requested changes. If the proposal is deemed by the Commission to be unacceptable, the reasons for such determination will be set forth in its recommendation to the Council. d. In its recommendation to the Council, the Commission will submit its findings regarding whether and to what degree: 1) The proposal conforms to the comprehensive plan. 2) The proposal meets the intent, objectives and general requirements of the Planned Unit Development District. 3) The proposal is conceptually sound in that it meets a community need and conforms to accepted design principles in the proposed street system, land use configuration, open space system, and drainage and utility systems. 4) There are adequate services and utilities available in the construction of the development. e. Upon receipt of the Commission's recommendation, the Council will conduct a public hearing and consider the PUD rezoning. f. If the Council denies the PUD zoning, the appeal process applicable to zoning is followed. g. After a PUD district has been established, no building permit may be issued, and no grading, clearing, excavations or filling may take place, until the Commission has approved the PUD Master Plan. The applicant has 180 days from approval to submit the Master Plan to the Commission. Upon request, the Director may extend this time period by 60 days. If not submitted within this period, the Council may take necessary action to revert the zoning to its previous classification. 2. PUD Master Plan a. The PUD Master Plan must conform to the preliminary master plan submitted as the basis for rezoning. It should incorporate any modifications recommended or required as conditions by the Commission and Council. Any required conditions must be clearly indicated in the proposed Master Plan. b. The Commission will conduct a public hearing on the proposal in conformance with the procedures and notice requirements normally used for subdivision proposals. c. After the Commission conducts the public hearing, it will: 1) Request additional information and reconsider the proposal at a later meeting; 2) Grant conditional approval and specify modifications, which would make the project acceptable; 3) Disapprove the proposal. If disapproved by the Commission, the applicant may appeal the decision to the Council; or 4) Approve the proposal. After approval of the Master Plan, the applicant may apply for preliminary plat approval in accordance with the Subdivision Regulations or apply for Building Permits, as appropriate. DR A F T Article 6 Special Districts 6-7 d. Approval Criteria. The Commission's review of the Master Plan will consider the following factors: 1) Consistency with the Comprehensive Plan, including appropriateness of land uses and densities in the particular location and incorporation of recommended development patterns and design characteristics 2) Conformance with the use, density and development standards in this Section 3) Suitability of the particular site for development as proposed, without hazards to persons or property, on or off the tract, from probability of flooding, erosion, slipping of the soil, or other dangers or nuisances. The uses, intensity and layout of the proposed development must be suitable to soil, ground water level, drainage, and topographic conditions. 4) Preservation and/or conservation of historic, scenic and natural features 5) Establishment and method of enforcement of development standards not specified in this Section, including but not limited to lot size, setbacks and building separation 6) Specification of development standards proposed to substitute for any other normally applicable zoning regulations, including but not limited to parking, signage and landscaping 7) Adequacy and arrangement of vehicular, pedestrian and bicycle access and circulation, including the design of the street network, intersections and streets; access management and traffic controls; and provision of sidewalks, paths and other bicycle and pedestrian facilities 8) Phasing of the development as necessary to assure that public or private facilities will be available at the time the development reaches the stage where such facilities will be needed. 9) Location, arrangement and sufficiency of parking 10) Location, arrangement, size and design of buildings and lighting 11) Relationship of the proposed uses and densities to one another and to adjoining development 12) Adequacy, type and arrangement of buffers, screening and other normally required landscaping 13) The adequacy and arrangement of usable open space 14) Adequacy of storm water and sanitary waste disposal facilities 15) Design and adequacy of structures, roadways, and landscaping in areas susceptible to flooding, ponding and/or erosion 16) Compliance with all other regulations and the intent of this Ordinance. e. In addition, the applicant must demonstrate that, in exchange for the flexibility conferred by PUD designation, the proposed development will feature one or more of the following benefits: 1) Proposed buildings will feature quality, durable materials. 2) Driveways, garages and parking areas will not dominate public views along streets. Residential garages along residential blocks will be varied, set back behind the front building line and/or oriented away from street view. 3) Residential developments will feature a range of housing types and sizes appropriate to different stages in life. 4) Usable open spaces will be provided in accessible locations within the development. A greater amount of common open space will be provided in more intensively developed portions of the development. 5) Bicycle or shared uses paths will be provided to enable the safe movement of residents, on foot or bike, throughout the development. The frontages of existing streets within or at the perimeter of the site will be improved with similar facilities to enable connection to adjoining neighborhoods or community destinations. DR A F T September 15, 2022 6-8 City of Prattville Zoning Ordinance f. Within 30 days ofAfter the submittal of a complete Master Plan, as determined by the Director, the Commission will hold a public hearing. The Commission must render its decision within 30 days after the public hearing. Failure to do so will be deemed as approval of the Master Plan, unless the applicant agrees in writing to an extension of this time. 3. Effect of Master Plan Approval. The approved Master Plan, as may be amended, is binding on the applicant and any successors in title so long as PUD zoning applies to the land. Upon approval of the Master Plan, building or other required permits will be issued in the same manner as applies generally, provided that any requirements or limitations of the approved Master Plan are observed. If no building permit or subdivision approval has been requested or other development action taken within 18 months of Commission approval, the Master Plan must be resubmitted for approval. However, the Director may grant an extension of up to six months provided sufficient evidence of a good faith effort to begin development in accordance with the approved Master Plan. 4. Fees. All PUD proposals are subject to fees as set by the Council. 5. Amendments. To facilitate minor adjustments to the approved MDP as may be necessary, the Director may approve changes that are incidental or minor in scope. The following changes must be referred to the Commission and may be considered without additional public hearings. Changes greater in scope require approval by the Commission and Council, including public hearings as required for original approval: a. A change in land use boundaries, provided the effect on the number of dwelling units or amount of open space, commercial or multifamily areas does not exceed the limits in items b) or c) below b. An increase in the overall number of dwelling units or land devoted to multifamily development greater than five percent but less than 10% c. A reduction in the amount of open space or land designated for commercial use by more than five percent but less than 10% d. Rearrangement of streets that changes access or circulation patterns, or reduction in the extent of pedestrian or bicycle facilities e. A reduction of off-street parking or loading space greater than five percent Any deviation from the Master Plan, which is not approved as provided herein, constitutes a violation of this Ordinance. §6.04.03 General requirements for PUD district 1. Minimum area. The minimum land area required to qualify for PUD District consideration is ten acres of contiguous land. A smaller site may be considered provided evidence that: a. the project is consistent with the developmental goals of the Comprehensive Plan for the particular location; b. the minimum acreage requirement is impractical due to ownership, existing development patterns and similar constraints; c. the design concept fully integrates the development into the surrounding neighborhood or business area; d. the arrangement of uses, buildings, streets, parking, open spaces and amenities could not be reproduced on the site subject to the regulations of other available zoning districts DR A F T Article 6 Special Districts 6-9 2. Ownership. The tract must be either in one ownership or the subject of a jointly filed application by the owners of all the properties included. In the case of multiple ownership, the approved site and development must be binding on all owners. If submitted by someone other than the current owner of the property, the submission must be accompanied by satisfactory evidence of the existence of an option to purchase or other agreement so as to ensure that the owner is in agreement with the proposed development. 3. Common property in the PUD District. Provisions must be made for the ownership and perpetual maintenance of any proposed common open spaces or other common facilities in accordance with §3.07 Common Open Spaces and Facilities. Dedication of any portion of a PUD must be in accordance with the provisions of the City Subdivision Regulations. §6.04.04 Development Standards 1. Density, building height and setbacks must conform to the standards in Table 6-4. Requirements in excess of, or different from, those in Table 6-4 must be specified in the Master Plan as well as any additional proposed standards. Unless other standards are proposed by the applicant and approved with the Master Plan, the area and dimensional requirements in Article 7 for townhouses, patio homes, multifamily and other residential uses apply. Multifamily may be two stories above ground level or may include two stories of multifamily above ground floor commercial or other nonresidential. 2. Uses. A PUD District must comprise one or more land use districts. Uses in each land use district must be in accordance with Table 6-5. Final approval of uses is contingent on approval of the Master Plan. Any use listed as a Special Exception Use in Table 6-5 that is not specifically approved as part of the Master Plan must be individually approved subject to §12.03 Special Exceptions. 3. Circulation Standards a. The City Engineer may require a traffic study with all PUD District applications. b. Vehicular access must be from streets capable of supporting existing traffic and traffic to be generated by the development. c. Sidewalks or other pedestrian facilities must be arranged to provide safe, convenient routes to, from and within a PUD District. Pedestrian access must be provided between residential areas and any recreational facilities, schools, libraries and similar community destinations within or adjacent to the development. TABLE 6-4 PUD DISTRICT DEVELOPMENT STANDARDS Residential Mixed-Use/Commercial Max. Residential Density 9 du per gross acre 12 du per gross acre Min. Common Open Space 10% 15% Min. Land Area Designated for Commercial Uses n/a 50% Max. Building Height 3 2 stories 4 stories Min. front yard setback * Along arterial Along collector Along local street 25 ft 15 ft 10 ft 25 ft 10 ft 0 ft *Buildings must be set back as necessary and easements provided for utility location, if not within the street right-of-way. DR A F T September 15, 2022 6-10 City of Prattville Zoning Ordinance TABLE 6-5 PUD LAND USE DISTRICT PERMITTED USES Residential Permitted Residential Uses residential accessory structures, detached single-family dwellings, duplex dwellings, child day care home, child day care group home Permitted Nonresidential Uses common open space, public building, public facilities and services Special Exception Uses accessory dwellings, attached single-family dwellings, bed and breakfast, boarding home, country club, day care center, golf course, outdoor recreation, place of assembly, public or private school Mixed-Use/Commercial Permitted Residential Uses residential accessory uses and structures, detached and attached single-family dwellings, duplex, triplex, quadplex and multifamily dwellings, accessory dwellings Permitted Nonresidential Uses accessory structures, bakery (minor), bank, business or professional office, medical clinic, clubs, commercial school, common open space, entertainment (indoor), off-site parking, garden center or nursery, general retail (enclosed), group home, personal services, alcohol sales for off-premises consumption, nursing care facility, personal services, place of assembly, printing service, public building, public facilities and services, recreation (indoor and outdoor), recording studio, repair services, restaurant (standard), studio, vehicle repair (minor) Special Exception Uses veterinary hospital, car wash, entertainment (outdoor), gas station, alcohol sales for on-premises consumption, fast food restaurants, mini-warehouse, vehicle sales and rental 4. Open Space Standards. Common Open Space must be provided in each land use district in the amounts shown in Table 6-4. No designated common open space may be subdivided in the future, nor may it be reduced in area or used for any purpose other than those permitted as listed above unless approved through an amendment to the Master Plan. a. The following are excluded from calculation of common open space: 1) open spaces, for which the only access is from individual residential lots 2) land encumbered by any substantial structure, enclosure or parking facility that is not a community amenity 3) land within eight feet of any building 4) land within a roadway, except a median that is at least 50 ft wide at its narrowest point and is designed for use as a recreational space 5) remnant strips of land less than 40 ft wide at their narrowest 6) land to be used as or be in any required drainage area or easement, unless such area is designed and maintained for use as open space. b. The area of common open spaces in each development phase must meet the requirements in Table 6-4 unless otherwise expressly approved as part of the Master Plan. 5. Signage. A Signage Plan must be submitted as part of the Master Plan and must generally conform to Article 9 Signs and this Subsection. The Commission uses the most compatible sign height, size and location requirements in Article 9 as a guide in reviewing proposed Signage Plans. All permitting and building code requirements apply to signs in a PUD District. a. Permanent freestanding signs on undeveloped property are prohibited. b. Street signs must be uniform in design throughout a PUD development. If a standard other than that of the City is used, the developer or property owners’ association will be responsible for maintenance. DR A F T Article 6 Special Districts 6-11 6. Landscaping. The standards of Article 10 Buffers, Screening and Landscaping apply unless alternate standards are approved with the MDP to address buffering, screening and landscaping for vehicular areas. 7. Exterior Materials. Standards for exterior building materials must be specified in the Master Plan consistent with the following standards. Unless an alternative set of materials standards is specifically approved by the City, the standards in this subsection and in Table 6-6 will apply. Materials standards approved as part of the Master Plan must be included within covenants for all applicable property within the planned development. An Architectural Review Committee representing the interests of property owners within a PUD development is recommended. a. Area of window and door openings are not included in calculation of exterior building requirements in Table 6-6. b. Cement block may only be used on residential building exteriors at the foundation up to a height of three ft. Cement block foundations along front facades must be screened with shrubs or other landscaping. Cement block may only be used on nonresidential building exteriors along rear and side elevations. c. Vinyl and metal siding are discouraged as primary exterior materials for buildings but may be used in combination with other materials upon express approval of the Commission. TABLE 6-6 MATERIALS STANDARDS All exterior walls Front Facade Detached Single-family dwellings Min. 30% masonry Min. 40% masonry Attached Single-family and Multifamily Dwellings Min. 50% masonry Min. 60% masonry Nonresidential Buildings Min. 30% masonry Min. 40% masonry For the purposes of these standards, masonry includes brick, stone, terra cotta, split face concrete block, concrete tilt wall, cement fiber board or a combination of these. Stucco and plaster are only considered a masonry material when applied using a three-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. §6.04.05 Submittal Requirements 1. Preliminary Master Plan. Drawings must be approximately to scale, although they need not be precision finished engineering plans, and must include the following: a. Vicinity map showing the location of the proposed project. b. Site map showing the property boundaries and ownership of abutting property. c. Existing zoning map, indicating the zoning classification of the tract and all properties within 500 ft d. Existing site conditions map: 1) Identification of the name, plat book, and page number of any recorded subdivision comprising all or part of the site 2) Existing uses and structures on the tract, if any, and on all adjoining properties 3) Identification and location of any existing easements, watercourses, lakes or other significant natural features on the site 4) Approximate topography of the site e. Development plan showing the total project including: 1) Proposed PUD land use districts DR A F T September 15, 2022 6-12 City of Prattville Zoning Ordinance 2) Conceptual circulation plan, including whether streets will be public or private, shown in relationship to external streets (with street name and existing right-of-way width noted) 3) Conceptual drainage plan 4) Conceptual open space plan showing any proposed public dedication sites and common areas to remain in private ownership 5) A proposed use plan showing the location of acreage of distinct use areas including: a) Type and number of structures to be built by area (i.e., detached single-family, attached single-family, multifamily, retail, office) b) Density of each residential development area calculated in gross acres 6) If the development is to be phased, a general indication of how the phasing is to proceed f. Preliminary Master Plan Narrative: 1) General description of the character of the area adjoining the project. 2) Evidence that the proposal is compatible with the Comprehensive Plan 3) Evidence that the proposal meets the purpose for PUD development and community objectives in §6.04.01.2 and description of community benefits to be achieved as described in §6.04.02.2.e 4) A general description of community facilities to be provided, such as school sites or recreation facilities, or statements on which existing facilities will be used by the proposed residents of the project. This must include an assessment of the impact on services such as police and fire 5) Preliminary information regarding normally required zoning and subdivision standards to be modified and alternative standards to be proposed 6) Preliminary information regarding restrictive covenants and form of ownership and maintenance of any common open spaces and facilities g. Additional information may be requested by the Commission or City Council as it deems appropriate to fully understand the proposed project. 2. Master Plan. The Master Plan submission must include the following: a. Total project plans and conditions: 1) The property boundaries. 2) An area map showing the applicant's entire holding and all properties, subdivisions, and streetsadjacent to the property. 3) Topographic map with five-foot contour intervals; however, if slopes exceed three percent, or portions of the site have a moderate to high susceptibility of erosion, flooding or ponding, contour intervals of not more than two feet must be provided along with an overlay outlining the above susceptible soil. 4) Staging plan showing areas already developed, areas for which development approval is being requested, and areas for future development with approximate timetable for completion. b. Development Plan showing the total project including: 1) Proposed PUD land use districts 2) Proposed use plan showing the location and acreage of distinct land use areas including: DR A F T Article 6 Special Districts 6-13 a) Type and number of structures to be built by area (i.e., detached single-family, attached single-family, multifamily, retail, office) b) Density of each residential area calculated in net acres 3) Site plan showing location, use, scale and orientation of all buildings other than detached single-family dwellings 4) Conceptual lotting plan for any attached or detached single-family development 5) The internal street network, including whether streets will be public or private, shown in relationship to external streets (with street name and existing right-of-way width noted) 6) Conceptual drainage and utilities plan, including method of sewage disposal and location of such facilities 7) Open space plan, including identification of improved and unimproved open spaces and area and overall dimensions of each open space counted toward PUD requirements 8) Parking master plan, including location and circulation pattern of all nonresidential and common parking areas, with access to internal and external streets 9) Location of outdoor storage, if any, including drains, culverts, retaining walls and fences 10) Signage master plan, including location, height and size of all freestanding signs 11) Landscaping design approach to parking lot landscaping, screening, buffers and open spaces 12) Design approach of lighting facilities. c. Master Plan Narrative 1) Evidence that the proposal is compatible with the Comprehensive Plan 2) Evidence that the proposal meets the purpose for PUD development and community objectives in §6.04.01.2 and description of community benefits to be achieved as described in §6.04.02.2.e 3) Prototype development plans and schedule to show lot sizes, setbacks, typical structure arrangements, individual access and parking provisions 4) Complete description of all normally required zoning and subdivision standards to be modified and proposed alternative standards 5) Description of community facilities to be provided, such as school sites or recreation facilities, or statements on which existing facilities will be used by the proposed residents of the project. This must include an assessment of the impact on services such as police and fire 6) Proposed restrictive covenants including how any common open spaces and facilities are to be owned and maintained; design standards and method of implementation 7) The proposed method of financing d. Additional information may be requested by the Commission as it deems appropriate to fully understand the proposed project. DR A F T September 15, 2022 6-14 City of Prattville Zoning Ordinance This page intentionally left blank. DR A F T Article 7 Use-Specific Regulations 7-1 ARTICLE 7 USE-SPECIFIC REGULATIONS §7.01 Accessory Dwellings Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following: §7.01.01 Permit Required. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any accessory dwelling permitted use will automatically expire whenever: 1. The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the City 2. Required off-street parking is no longer provided on the premises 3. The permittee ceases to own or reside on the premises (applies to R-1, R-2 and FAR Districts only) §7.01.02 Limitation in R-1, R-2 and FAR Districts. Because the R-1, R-2 and FAR Districts are intended for single-family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling. §7.01.03 Area and Dimensional Requirements. Accessory dwellings are permitted only on lots of at least 7,500 sf, except where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each of the dwellings. 1. Accessory dwellings must be set back from lot lines as required in §4.01.03 Additional Regulations. If detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the principal dwelling. 2. The habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. If detached, accessory dwellings are also subject to the cumulative area permitted for accessory structures. 3. Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling. §7.01.04 Additional Requirements 1. Separate utility meters are not permitted for Accessory Dwellings. 2. No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling, regardless of the lot size. 3. Accessory dwellings may have a separate 911 address for emergency purposes. If a separate mailbox is used for the accessory dwelling, it must be co-located with the mailbox for the principal dwelling, in accordance with US Postal Service regulations. 4. One parking space, in addition to that required for the principal dwelling, must be provided. 5. Accessory dwellings must comply with the Building Code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style. 6. Accessory dwellings may not have separate vehicular access from the street. If the lot abuts an alley, access to the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the alley. 7. An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district. DR A F T September 15, 2022 7-2 City of Prattville Zoning Ordinance 8. If an existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the conversion. §7.01.05 Submittal requirements: 1. A scaled site drawing showing all existing structures and proposed structure if any 2. An elevation drawing showing the proposed height of the structure 3. A rendering showing exterior materials and colors and/or samples of the same 4. A scaled foundation and interior floor plan §7.02 Adult Entertainment Because of their very nature, Adult Entertainment businesses are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 1,000 ft of each other or a tattoo parlor, as measured between the nearest property lines. Nor may an adult entertainment use be located closer than 500 ft to the nearest boundary of any residential district or the nearest property lines of the following protected uses: child day care center or learning center; place of assembly; or any public or private school offering pre-kindergarten through high school education programs. The expansion of a residential district or location of a protected use in conflict with these separation requirements will not cause an existing, permitted adult entertainment use to become nonconforming. §7.03 Alternative Financial Services Because of their very nature, Alternative Financial Services, including but not limited to collateral loan/exchange, payday loan, title loan businesses and check cashing establishments, are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 1,000 ft of each other, as measured between the nearest property lines. Nor may any such use be located closer than 500 ft to the nearest boundary of any residential district, as measured from the nearest property line of the proposed Alternative Financial Service. §7.04 Amateur Radio Towers §7.04.01 Amateur radio towers may not exceed 65 ft in height, may be placed in the established rear yard only and must be set back a distance equal to the height of the tower from all property lines. Additional height may be approved by the Board of Adjustment per §12.03 Special Exceptions. §7.04.02 Within residential districts: 1. Amateur radio towers are permitted on detached single-family residential lots but not on other residential lots. 2. On nonresidential premises amateur radio towers may be approved by the Board of Adjustment per §12.03 Special Exceptions. §7.05 Bars and Nightclubs §7.05.01 Bars and nightclubs may not be located closer than 100 ft to any Residential District as measured from the public entrance of the bar or nightclub property. This requirement does not apply in the Downtown Overlay District. §7.05.02 For any establishment with an approved occupancy load of 200 or more, security personnel must be provided at the main entrances and exits whenever the establishment is open for business. §7.05.03 For establishments offering live music or other entertainment, a vestibule may be required to mitigate noise impacts. DR A F T Article 7 Use-Specific Regulations 7-3 §7.05.04 The exterior of the premises must be free of any waste or litter generated by the establishment, by 7:00 a.m. following each night of operations. §7.06 Bed and Breakfast The following standards apply to Bed and Breakfast establishments in residential districts only: §7.06.01 Bed and Breakfasts are permitted only in detached, single-family dwellings and must be operated by the owner and resident of the dwelling. §7.06.02 One parking space must be provided for each guest room, in addition to the spaces required for the dwelling. Such additional required parking spaces must be screened from adjacent properties and arranged so that each space has direct access to a driveway. Recreational vehicle parking is prohibited except on lots one acre or larger in size. If permitted, recreational vehicle parking must be located away from view from public rights-of-way and from neighboring properties to the maximum extent practicable. §7.06.03 Food service is limited to overnight guests of the Bed and Breakfast. No dining facilities may be open to the general public. Guest rooms may not contain cooking equipment. §7.07 Conservation Subdivisions §7.07.01 Intent 1. To provide flexibility to accommodate development on lands constrained by natural hazards that may limit the amount or type of development 2. To promote the creation of accessible green space 3. To protect sensitive, environmental land features to promote the public health and safety 4. To reduce erosion, sedimentation, land disturbance, and removal of vegetation 5. To promote development of walking and bicycling facilities and greenways within new developments that can be connected to adjacent neighborhoods and activity centers 6. To reduce perceived density by providing access to and views of open space. §7.07.02 Applicability. The Conservation Subdivision option is available, upon approval by the Commission, for single-family detached residential development of at least three acres. The applicant must comply with all other provisions of this Ordinance and all other applicable regulations, except those incompatible with the provisions herein. If held in multiple ownership, the site must be developed according to a single plan with common authority and common maintenance responsibility as approved by the City Attorney. §7.07.03 Density Determination 1. The maximum number of lots is determined by dividing the total area of the proposed subdivision by the most restrictive of the following: minimum lot size of the applicable district or by regulations as determined by City and/or County Health Department standards for septic tanks, or by other density limitations applicable to the site. In making this calculation, the following may not be included in the total area of the tract: DR A F T September 15, 2022 7-4 City of Prattville Zoning Ordinance a. Designated floodway b. Bodies of open water over 5,000 sf of contiguous area 2. The above notwithstanding, the maximum permitted density is nine units per gross acre. 3. The minimum total area for front, rear and side yards is 2.5 times the ground floor area of the dwelling unit. A minimum 14 ft of space between dwellings must be provided. §7.07.04 Application Requirements 1. Site Analysis Map. The applicant must prepare and submit a site analysis map concurrently with the development plan and/or preliminary plat. The purpose of the site analysis map is to ensure that important site features have been identified prior to the creation of the site design, and that the proposed open space will meet the requirements herein. 2. Conservation Subdivision Plan. The applicant must prepare a Conservation Subdivision Plan, which yields no more lots than identified under §7.07.03 Density Determination. The Conservation Subdivision Plan must identify open spaces to be protected and include an open space management plan (see §7.07.06), which must be submitted prior to the issuance of a grading permit. 3. Instrument of Permanent Protection. An instrument of permanent protection, as described in §7.07.07, must be placed on the open space at the time of issuance of a grading permit. §7.07.05 Other Requirements. The Applicant must adhere to all other requirements of the applicable district and the Subdivision Regulations. §7.07.06 Open Space Management Plan. For the purposes of this Section, “open space” is defined as the portion of a Conservation Subdivision that has been set aside for permanent protection. Activities within the open space must be restricted in perpetuity by a legal instrument approved by the City Attorney. 1. Standards a. The minimum open space must comprise at least 25% of the gross tract area. b. The following priority conservation areas must be included within the open space, unless the applicant demonstrates that this would constitute an unusual hardship and be counter to the purposes of the Conservation Subdivision: 1) The 100-year floodplain 2) Riparian zones of at least 75 ft width along all perennial and intermittent streams 3) Slopes above 25% of at least 10,000 sf contiguous area 4) Wetlands, as defined by the US Army Corps of Engineers 5) Existing trails that connect the site to neighboring areas 6) Archaeological sites, cemeteries and burial grounds. c. The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible: 1) Important historic sites 2) Existing healthy, native forests of at least one-acre contiguous area 3) Individual existing healthy trees greater than eight inches caliper 4) Other significant natural features and scenic viewsheds, particularly those that can be seen from public roads. DR A F T Article 7 Use-Specific Regulations 7-5 d. Utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 25% minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface, such as portions of streets, parking and loading areas, are not counted toward the open space requirements. e. At least 25% of the open space must be suitable for passive recreational use. f. At least 50% of the open space must be in a contiguous tract, which may be divided by a local street whose area is excluded from the open space. The layout of open space should allow connection to neighboring areas of open space. g. To the extent practicable, the open space should be accessible to the largest number of lots and/or buildings within the site. Non-abutting lots must be provided with access to the open space through sidewalks or off-street walkways. 2. Permitted Uses of Open Space a. Conservation of natural, archeological or historical resources b. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas c. Passive recreation areas, such as open fields, walking or bicycle trails d. Active recreation areas, if they are limited to no more than 20% of the total open space and are not located within priority conservation areas. Active recreation areas may include impervious surfaces necessary to the recreational activity, excluding vehicular ways and parking and loading areas. Active recreation areas in excess of this limit must be located outside of the protected open space. e. Landscaped stormwater management facilities, community and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities must be located outside of primary conservation areas. f. Easements for drainage, access, and underground utility lines g. Other conservation-oriented uses compatible with the purposes of this Section. 3. Prohibited Uses of Open Space a. Golf courses b. Streets, parking and loading areas and similar impervious surfaces, except as specifically authorized in the previous subsections c. Agricultural and forestry activities not conducted according to accepted best management practices d. Other activities as determined by the applicant and recorded on the legal instrument for permanent protection. 4. Ownership and Management of Open Space. See §3.07 Common Open Spaces and Facilities. §7.07.07 Legal Instrument for Protection of Open Space. The open space must be protected in perpetuity by a binding legal instrument recorded with the deed, which must include clear restrictions on use of the open space, in accordance with this Section, and any restrictions the applicant chooses to place on the open space. The instrument must be one of the following: 1. A permanent conservation easement in favor of either: a. a land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or DR A F T September 15, 2022 7-6 City of Prattville Zoning Ordinance b. a governmental entity with an interest in pursuing goals compatible with the purposes of this Subsection, and if the entity accepting the easement is not the City, then a third right of enforcement favoring the City must be included in the easement. 2. A permanent restrictive covenant for conservation purposes in favor of a governmental entity. 3. An equivalent legal tool that provides permanent protection, as approved by the City Attorney. §7.07.08 Tax Assessment of Open Space. Once a legal instrument for permanent protection has been placed upon the open space, the County Tax Assessor may be requested to reassess the open space at a lower value to reflect its more limited use. §7.08 Cottage Developments §7.08.01 General Standards 1. Cottage Developments are permitted only on sites served by public water and sewer services. 2. Cottage Developments may be subdivisions, in condominium form or a combination. 3. The number of allowable dwellings is determined by dividing the total tract size by the minimum lot size prescribed for detached single-family dwellings in the applicable district. Any fraction is rounded down to the nearest whole number. In no case may the number of units be less than four nor more than twelve. 4. Not all lots are required to have street frontage, subject to the following: a. Each lot must front on and have a main entry facing the Common Open Space, except those lots, nearest the fronting street, may front on the street and/or Common Open Space. In no case may the rear of a dwelling unit front on a street. b. Where a Cottage Development is to be developed on a double frontage lot, only the rear of cottage lots may face the street of higher classification, in which case they must be separated from the street by one of the following: 1) an alley or driveway and a 20 ft buffer or 2) a 40 ft buffer. c. Lots must be readily accessible for fire suppression purposes as determined by the Fire Chief during subdivision plat review. §7.08.02 Area and Dimensional Requirements 1. The minimum lot size, lot width and side yard setback prescribed for detached single-family dwellings in the applicable district do not apply, except in determining the number of allowable dwellings (§7.08.01(3)). Spacing between cottage dwellings must be at least ten feet, which may include zero-lot line arrangements. 2. Minimum Common Open Space: 250 sf per unit and not less than 40 ft in width at any point. 3. Permitted Total Floor Area per Dwelling: a. One-Story units: 800 - 1,000 sf b. 1-1/2 and Two-Story units: 1,200 – 1,400 sf DR A F T Article 7 Use-Specific Regulations 7-7 4. Maximum Height: two stories 5. Minimum Building Setbacks a. Dwellings must be set back at least 20 ft from all exterior lot lines and must observe the front yard setback for the district along all street frontages. b. No setback is required between a dwelling and the common open space; however, no building projections may extend into or over the common open space. 6. Alley Setback. Where located along an alley, structures and parking must be set back from the alley centerline at least 12 ft; however, the City Engineer may require a greater setback as needed for parking, maintenance, trash pick-up or other access purposes. §7.08.03 Ownership and Management of Open Space. See §3.07 Common Open Spaces and Facilities. §7.08.04 Parking 1. Parking must be provided as required for detached single-family dwellings and: a. clustered together or provided individually at the rear of each home b. screened from the common open space c. screened from streets and adjacent residential uses 2. Driveways and parking spaces must be set back at least five feet from exterior lot lines. §7.09 Home Occupations §7.09.01 Home occupations are businesses carried on in a dwelling unit that are limited in extent and clearly incidental and secondary to the use of the property for residential purposes. A home occupation is to allow for the employment of an occupant of the dwelling in limited commercial activity without changing the character of the surrounding residential area. §7.09.02 All home occupations must be permitted prior to receiving a business license, and no home occupation may operate without obtaining a valid business license from the City. Permits are only valid for the original applicant, use and location, and are void if a business license is not obtained within 90 days of approval. Applications for home occupations must be on forms provided by the Director. §7.09.03 General Standards 1. No more than 25% of the total gross floor area of the dwelling may be used for the home occupation. 2. The business owner must observe any private covenants or restrictions applicable to the property. 3. No equipment or process may be used in the home occupation which creates noise, vibration, glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or adjacent areas. 4. Any necessary parking must be provided off-street and must be in addition to what is required for the dwelling and may not be in the front yard. §7.09.04 Tier 1 Home Occupations 1. Tier 1 Home Occupations may be approved administratively by the Director. Examples of Tier 1 home occupations include but are not limited to: internet-based businesses, lawn care or landscaping businesses, home maintenance; artistic and design services, telephone sales, consulting, tax preparation, off-site instruction, and other activities which the Director determines to be substantially similar in character, nature, intensity, or impact to these. Tier 1 home occupations must comply with the following criteria: a. Only residents of the dwelling may engage in business activity at the dwelling. DR A F T September 15, 2022 7-8 City of Prattville Zoning Ordinance b. Any business-related materials or equipment must be kept inside the dwelling or accessory structure, outdoor storage must be approved specifically by the Director and must be to the rear of the dwelling and screened in accordance with §10.03 Screening. c. Any business-related vehicles parked at the dwelling are limited to standard passenger cars, pickup trucks, SUVs, or vans, and may not be parked in the street. d. No change may be made to the outside appearance of the dwelling or premises and no evidence of the conduct of the home occupation may be visible from the street. e. Retail and in-person sales to customers or other clients visiting the dwelling are prohibited. §7.09.05 Tier 2 Home Occupations 1. Tier 2 Home Occupations require Special Exception approval from the Board of Adjustment. Examples of Tier 2 home occupations include, but are not limited to: on-site music instruction and tutoring, professional offices involving client visits, small engine repair, cosmetology, animal grooming, any home occupation employing someone not living on the property, Tier 1 home occupations that are unable to meet one or more of the criteria listed in §7.09.04.1, and other activities which the Director determines to be substantially similar in character, nature, intensity, or impact to these. Tier 2 home occupations must comply with the following criteria: a. At least one resident of the dwelling must be engaged in the home occupation and no more than one non-resident may be engaged or employed in the business activity; b. Any business-related materials or equipment, including trailers, must be kept inside the dwelling or accessory structure or fully enclosed behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards without being enclosed provided they are at least 50 feet from the nearest property line. c. For music instruction, tutoring or similar teaching, professional or consulting services involving clients coming to the home, animal grooming, cosmetology, and similar services, no more than two clients may be on the premises at any time, and no more than ten clients visiting the home on any day. This number may be reduced by the Board of Adjustment; d. Small engine repair is limited to small engines no larger than two cylinders used in lawn mowers, trimmers, and similar lawn equipment; e. Any other restrictions or conditions required by the Board of Adjustment. 2. Uses specifically prohibited as home occupations: a. Any use involving guns or weapons of any kind b. Automobile engine or body repair c. Automobile tire sales, mounting, or repair d. Vehicle sales e. Animal kennels or boarding f. Junk, waste, or vehicle parts storage g. Furniture upholstery and refinishing h. Tow truck service i. Other activities which the Director determines to be substantially similar in character, nature, intensity, or impact to these. DR A F T Article 7 Use-Specific Regulations 7-9 §7.10 Junkyards §7.10.01 No automobile wrecking yard, salvage yard or junkyard may be established closer than 300 ft to an established residential district. §7.10.02 All outdoor storage of salvage and wrecking operations must be completely contained within an opaque fence or wall designed in accordance with §10.05 Design Standards for Required Fences. §7.10.03 The storage of wrecked automobile, junk, or salvaged materials may not exceed the height of the required screen fence or wall. §7.11 Keeping of Chickens and Honey Bees On any detached single-family lot, the keeping of chickens and honey bees is permitted subject to the following: §7.11.01 Chickens or bees may be kept only on the premises of an occupied single-family detached dwelling and only in the established rear yard. §7.11.02 Keeping of Chickens 1. Not more than eight hens are permitted per acre (for example, four hens would be permitted on a half-acre lot, twelve hens would be permitted on a 1.5-acre lot); roosters are prohibited. 2. Except when under the personal control of the resident, chickens must be confined within a coop or run at all times. 3. Coops and runs are subject to the setback requirements in §4.01.03 Additional Regulations. No structure for the keeping of chickens may be located within 50 ft of the nearest dwelling. 4. Coops should have at least three square feet per hen; however, no coop may be larger than 120 sf in area. 5. The activity and associated structures must be maintained in a condition such that no odors or noises are produced that create a nuisance for adjoining properties. §7.11.03 Keeping of Honey Bees 1. Not more than four beehives are permitted, except that one additional beehive is permitted for each 2,500 sf of additional lot area above the minimum lot size of the applicable district. 2. Beehives must be set back no less than 20 ft from the nearest property line. 3. There must be an adequate, accessible water source on site and located within 50 ft of the beehive. 4. If the landing platform of a hive faces and is within 25 ft of any lot line, there must be a flight path barrier (fence, structure or plantings) not less than six feet in height, located in front of the hive. §7.12 Manufactured Home and Tiny Home Parks §7.12.01 Purpose. The purpose of these regulations is to provide minimum standards to assure the orderly and beneficial development of manufactured home and tiny home parks, without interrupting existing development patterns. §7.12.02 Minimum Requirements 1. Water, sewage, garbage and trash disposal, and electrical installations must meet or exceed City requirements standards. 2. A site plan must be approved by the Director before construction is begun. The site plan must be drawn to scale showing the arrangements of manufactured home stands, roadways, water outlets, location, and type of sewage and liquid waste disposal, and the locations of the buildings for toilets, baths, laundries, and other facilities. DR A F T September 15, 2022 7-10 City of Prattville Zoning Ordinance 3. The minimum requirements governing the construction, equipment, and operation of manufactured home parks set forth under law by the Alabama State Health Department must be met. §7.12.03 Site Standards 1. Tiny homes and manufactured homes may be sited within the same park but must be located in separate portions of the park designed specifically for the type of home, as approved by the Director. 2. The minimum site area for a manufactured home park is four acres. The minimum site area for a tiny home park is two acres. 3. Individual home stands may not be separately owned. 4. Grounds must be kept free of debris, scrap, junk and inoperable vehicles. Grass and other ground cover must be maintained in accordance with City regulations. 5. Buffers must be provided along the perimeter of the park as required in §10.02 Buffers. 6. Common refuse containers must be screened in accordance with §10.03 Screening. 7. The park must be graded to drain all surface water in a safe, efficient manner in accordance with all applicable regulations. Stormwater drainage facilities must be designed by a professional engineer. 8. Internal streets serving the park must be privately owned and maintained and must be at least 26 feet wide and paved as required by the City Subdivision Regulations. a. Each home stand must adjoin an internal street. Home stands may not have direct access to external streets. b. Internal streets must be maintained free of cracks, holes, and other hazards at the expense of the owner. c. All streets must be lighted at night according to plans approved by the City. 9. Recreation Area. Manufactured home and tiny home parks must have an improved recreation area easily accessible to all park residents and improved for recreation purposes. Not less than ten percent of the gross park area must be devoted to recreational facilities, which must be maintained in a usable and sanitary condition by the park owner. 10. Utilities. Each home must be connected to the municipal water and sewage disposal systems, if available. The design and specifications of the utility systems must meet city specifications and be approved by water and sewer utilities. If a public utility system is not available, then a private central system will be required until such time as public utilities become available. The design and specifications of such systems must meet the specifications of the Health Department and Alabama Department of Environmental Management and must be installed under inspection of the appropriate City Department. 11. Storm shelters must be provided on-site, as provided herein, whenever (1) a new manufactured home or tiny home park of 20 or more homes is developed, (2) an existing park is expanded by 20 or more homes within a two-year period, and (3) an existing park replaces 20 homes or 50% of the homes in the park, whichever is more restrictive. a. Storm shelter must have a minimum floor area of seven sf for each home stand and be located no more than 1,320 linear ft from the furthest home stand in the park. b. Shelters must be designed by a licensed structural engineer or architect, must comply with all applicable Building Codes and be installed as approved by the Building Official. Shelters must meet all applicable requirements of the Americans with Disabilities Act and, if located within a floodplain, must meet all FEMA requirements. c. The park operator is responsible for making the storm shelter accessible and usable in times of need. Storm shelters may not be used for storage purposes if such storage reduces the minimum floor area required herein. DR A F T Article 7 Use-Specific Regulations 7-11 §7.12.04 Area and Dimensional Requirements 1. Each manufactured home stand must be at least 3,150 sf in area and at least 35 ft wide. Each tiny home stand must be at least 1,500 sf in area and at least 20 ft wide. 2. Homes must be set back at least 10 ft from the front line of the home stand and the edge of pavement of internal drives. 3. Homes must be separated by at least 15 ft. Recognizing that manufactured home sizes have increased over time and that parks developed in compliance with these requirements may be unable to install newer, larger homes on otherwise conforming home stands, the Director may approve reduced spacing provided the applicant shows there is no alternative to accommodate the larger home within the park otherwise. However, the Director may not approve reduced spacing if adequate fire separation is not maintained, as determined by the Fire Marshal. §7.12.05 Manufactured home requirements 1. The area of a manufactured home stand must be improved to provide adequate support for the placement of the home. 2. Each home stand must be improved with one patio of concrete or other suitable impervious material, having a minimum area of 150 square feet. Manufactured home stands must have a gravel or better home-pad of size equal to or greater than the dimensions of the home, but in no case less than ten feet by 40 feet. §7.12.06 Storage Facilities: Storage facilities with a minimum capacity of 150 cubic feet per stand must be provided on the stand or collectively in facilities located within 200 ft of each stand. §7.12.07 Parking: Two off-street parking spaces must be provided for each home stand, which may be located at the stand or in common parking areas located no farther than 150 ft from each stand the parking area serves. §7.12.08 Application for Zoning 1. Application must be accompanied by a development plan that complies with the applicable requirements of this Ordinance. 2. The initial application must be signed by the applicant and include the following: a. Location map indicating use of surrounding area b. Detailed map of existing site with dimensions, contours on two-foot intervals and area drainage c. Detailed plans showing arrangements of access streets and connection with traffic artery, layout of manufactured home stands, recreation areas, refuse collection and storage facilities, parking areas, drainage improvements, buffers, screening and any other required landscaping d. Detailed plans for the proposed sewage, drainage, street paving and such other information as may be required by the City e. Plans and specifications of all buildings, improvements and facilities to be constructed within the manufactured home park. §7.13 Manufactured Home Subdivisions §7.13.01 Purpose. The purpose of these regulations is to provide minimum standards to assure the orderly and beneficial development of manufactured home subdivisions, parks and parking areas, without interrupting existing development patterns and becoming a detriment to the surrounding area from an aesthetic, topographical, or incompatible point of view. No manufactured home subdivision will be permitted except upon recommendation and approval of the Commission. §7.13.02 Minimum requirements DR A F T September 15, 2022 7-12 City of Prattville Zoning Ordinance 1. Water, sewage, garbage and trash disposal, and electrical installations must meet or exceed City requirements standards. 2. All streets must be lighted according to plans approved by the City. 3. Manufactured home subdivisions must include one or more recreational areas, which must be suitably restricted to and improved for such use. The size of the recreational area must be at least ten percent of the overall subdivision tract. §7.13.03 Application for Zoning 1. Application must be accompanied by a development plan that complies with the requirements of this Ordinance and the City Subdivision Regulations. 2. The initial application must be signed by the applicant and include the following: a. Location map indicating use of surrounding area b. Detailed map of existing site with dimensions, contours on two-foot intervals and area drainage c. Detailed plans showing arrangements of access streets and connection with traffic artery, layout of manufactured home lots, recreation areas and other common facilities, buffers, screening and any other required landscaping d. Detailed plans for the proposed sewage, drainage, street paving and such other information as may be required by the City e. Plans and specifications of any buildings, improvements and facilities to be constructed within the manufactured home subdivision. §7.14 Mini-Storage Facilities §7.14.01 The use of storage compartments is limited to the storage of personal property. However, this does not preclude periodic auctions held on the premises to dispose of abandoned items. §7.14.02 No storage of volatile, toxic or explosive materials is permitted, either inside the structure or on the premises. §7.14.03 The Director may require screening around the perimeter of the site as part of Site Plan approval. Any outdoor storage must be screened from public view and from adjoining properties as required in §10.03 Screening. §7.15 Multifamily Development §7.15.01 Multifamily developments with buildings containing five or more dwelling units are subject to the following standards and to administrative site plan review to assure that the layout of buildings, open spaces, circulation, drainage and infrastructure is in harmony with the equivalent standards of the City Subdivision Regulations. §7.15.02 Definitions. For the purposes of this Section, the following terms are defined as follows: 1. Articulation, articulated. Changes in the depth along the building façade such as attached columns, wall recesses, horizontal banding, cornices, etc. to provide depth and variety to the façade. 2. Fenestration, fenestrated. The pattern of window and door openings on a façade. 3. Low Impact Design. A site planning and engineering design approach to managing stormwater runoff that emphasizes conservation and use of natural features, infiltration, and on-site storage and treatment involving landscape elements integrated into the design of the site. This approach uses engineered small-scale hydrologic controls to replicate predevelopment hydrology through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source. DR A F T Article 7 Use-Specific Regulations 7-13 4. Open Space, Improved. Open space that has been created or modified, including but not limited to parks, playgrounds, swimming pools, ball fields, plazas, landscaped green spaces. 5. Pervious pavement. Paving materials that allow water to penetrate into the ground below, including concrete paving blocks, concrete grid pavers, perforated brick pavers and similar paving materials. This shall not include compacted gravel. 6. Rain garden. A planted depression or hole that allows stormwater runoff from impervious surfaces to be absorbed into the ground. 7. Swale. An open, grassed or vegetated channel used to partially treat stormwater, attenuate flooding potential and convey stormwater. §7.15.03 A Site Development Plan must provide for, at a minimum: a. Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas and appropriate access management. b. A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewerage and water supply. c. Suitable access points adjoining public streets serving the proposed development, which must be properly illuminated to reduce traffic hazards. d. Waste collection facilities must be provided and must be the responsibility of the property owner or manager. §7.15.04 Site Development Standards 1. The arrangement of buildings, open spaces, parking areas and drives must be suitable to existing topography to avoid extensive grading. 2. Barracks formations, in which buildings and parking areas are arranged and concentrated in a dense, rectilinear pattern are discouraged. Where rectilinear arrangements are proposed, courtyards or similar improved open spaces must be integrated into the arrangement of buildings and parking areas. Multifamily buildings may not be surrounded on all sides by parking and driveways. 3. Multifamily buildings must be oriented toward streets, interior drives and improved open spaces, not adjacent properties. A multifamily building may be aligned along a parking area provided it is also oriented toward a street, interior drive or improved open space. a. Building entrances must face and be clearly visible from streets, interior drives or interior open space. This does not apply to entrances to individual dwelling units. b. Building entrances must be accessible from the street, interior drive or open space they face. 4. Building spacing. Buildings must be spaced no less than the sum of their lengths divided by three ((A+B)/3), or 90 ft whichever is less (see Figure 7-1). In no case may buildings be placed closer together than 20 ft. Required building spacing is measured perpendicularly from the longer of the two building walls at the closest point between the two buildings. DR A F T September 15, 2022 7-14 City of Prattville Zoning Ordinance Figure 7-1: Minimum Building Spacing 5. Parking and Driveways a. Off-street parking must be provided in the following amounts: 1) 1.5 spaces per one-bedroom unit 2) 1 space per bedroom for each unit of two or more bedrooms 3) One visitor parking space per four units 4) For age-restricted senior units, 1.25 spaces per one-bedroom unit and 2 spaces per unit of two or more bedrooms b. Visitor parking requirements may be reduced when approved on-street parking is available along the property frontage and by only the amount of approved on-street parking spaces contained within the frontage of the multifamily property. c. Off-street parking must be located to the side or rear of buildings and may not extend forward of the front building line. When located to the side of buildings and adjacent to a public street, off-street parking areas may not occupy more than 30% of each perimeter public street frontage. The Director may waive these requirements when off-street parking is located forward of the front building line on adjoining properties on both sides of the multifamily site; however, these requirements may not be waived where the site fronts on a local street or on the same frontage as an adjoining detached single-family dwelling. DR A F T Article 7 Use-Specific Regulations 7-15 Figure 7-2: Left: Permissible location of off-street parking. Right: Parking between multifamily buildings and public street not permitted unless the same condition is present on adjoining properties on both sides of the multifamily site. Figure 7-3: Maximum width of parking area facing public street when located to side of building. d. Where provided, common or individual garage parking areas must be located away from public street views. e. If allowed to be kept on the premises by the owner, boats and recreational vehicles may not encroach into required parking and may not be kept forward of the front building line. f. The number and location of access points to a public street must be as required by the City Building and Fire Codes and subject to review by the City Engineer. g. Private drives that provide access from a public street to off-street parking areas must comply with the dimensional standards in Table 7-1 below. Where parallel parking is provided, each parking lane must be at least 7.5 ft wide measured from face of curb. Trees, in accordance with the species and size types in Article 10, must be provided on both sides of the drive and installed at least three feet from the back of curb. Root barrier and other treatment may be required to prevent damage to utilities and sidewalks. h. When parking requirements exceed 50 spaces, electrical capacity necessary to accommodate future hardwire installation of a Level 2 or higher electric vehicle charging station(s) must be installed at a rate of 5% of total parking TABLE 7-1 DIMENSIONAL STANDARDS FOR PRIVATE DRIVES Curb Type/Width Allowable travel lane width Allowable total width (face of curb to face of curb) Tree spacing Curb/gutter; 18 in 10-11 ft 22-24 ft 50 ft oc average DR A F T September 15, 2022 7-16 City of Prattville Zoning Ordinance 6. Open Space. a. At least 20% of the site must be permanently reserved as open space for multifamily developments with buildings no more than two stories. For multifamily developments with three-story buildings, the open space requirement is increase to 25%. All common open spaces and recreational areas must be well maintained in a safe and orderly condition. b. At least 50% of the required open space must be improved and maintained as open space for the use of residents and guests. Improved open spaces should be consolidated into one or a few central locations to assure accessibility and usability and must be oriented to receive adequate sunlight. c. Improved open space must be graded and sodded, at a minimum, to accommodate use by residents, and must be adequately drained to prevent ponding. d. Open space and recreational areas are counted toward the improved open space requirement as follows: 1) Required setback areas do not count unless they otherwise meet the standards of this Subsection. Spaces must be large enough to support leisure and recreational activity; no dimension may be less than 15 ft. 2) Gazebos, pavilions and similar open structures provided for the use of residents are permitted in improved open spaces. 3) Covered porches, decks, or patios may be counted toward no more than 25% of the required open space. To qualify, such spaces must be at least 35 sf in area with no dimension less than five feet. Such spaces may not be counted when they are completely inset into the building; they must project at least two feet beyond the wall plane. e. If one or more of the following amenities, or similar amenities as approved by the Director, are provided, then the minimum overall open space required in (a) above may be reduced by four percent: 1) Tennis, volleyball or basketball court 2) One or more areas improved for lawn bowling, shuffleboard, pickle ball, bocce ball or similar activity with a combined area of at least 1,600 sf 3) Off-leash area for dogs of at least 1,600 sf, must be enclosed with fence or solid hedge and gate with one or more watering stations and waste receptacles 4) One or more pavilions, gazebos or similar open structures, each having a covered area of at least 150 sf with a total combined covered area of at least 600 sf; each must be furnished with benches or other seating and at least one structure must be furnished suitably for outdoor dining 5) Community garden of at least 1,600 sf 6) Children’s playground area of at least 1,600 sf outfitted with swings, slides and/or similar play equipment; seating must be provided in or adjacent to the playground The combined area of the proposed amenities must total at least 50% of the improved open space requirement and must be maintained in accordance with the approved site plan. f. Developments containing 100 or more units must include one or more of the approved amenities listed in (e) above totaling at least 35% of the improved open space requirement. g. Amenities provided to meet the requirements of (e) or (f) above may be subsequently changed to another amenity type listed provided the total area of such amenities is not reduced below that in the approved site plan. Any subsequent change to an amenity type not listed must be approved by the Director. DR A F T Article 7 Use-Specific Regulations 7-17 7. Stormwater Management. Stormwater retention or detention facilities must be integrated, to the greatest extent practicable, into the design of parking areas and open spaces as landscape amenities and should include low impact design techniques such as swales and rain gardens. The use of cisterns to capture stormwater for on-site irrigation is also encouraged. Stormwater management facilities located within an open space may only be counted as improved open space if it is designed so that it need not be fenced and is landscaped and useable by residents. 8. Service, Loading and Waste Collection. Each development must be provided with a service area or areas for waste collection. Each such area must be located behind the front building line and away from public views but must be conveniently accessible to vehicles collecting such waste and to residents. The location of such areas must minimize negative visual, noise, odor and other impacts to adjoining streets, on-site dwellings and adjacent developments. Each such area must be paved with concrete and screened by an opaque fence or wall at least as tall as the waster container and as otherwise approved by the Director. The enclosure must have an opaque gate or closure that will be kept closed when not being accessed. 9. Fire Protection. a. No portion of any building may be located farther from a fire hydrant than may be reached with 500 ft of hose. b. If the adopted fire prevention and protection codes are in conflict, then the more restrictive requirements will prevail. c. Every multifamily building must be accessible to fire trucks equipment as required and approved by the Fire Department. Provided adequate clearance, such access may be located along an interior drive, within a parking lot or within any open area adjacent to each building. The acceptable distance between buildings and the fire truck access area must be determined by the Fire Department based upon building height and design. §7.15.05 Pedestrian Access Standards. A pedestrian circulation system meeting the following standards must be provided: 1. Walkways must connect the pedestrian circulation system to adjacent public streets. 2. If not already provided, a publicly accessible sidewalk at least five feet wide must be provided along all public street frontages. 3. Walkways must connect the main entrances of all buildings. For buildings fronting on a public street, a public sidewalk may be counted toward this standard. Walkways must be provided that connect building entrances to parking areas and common areas and facilities. 4. Walkways must be provided to connect to any public trails or similar bicycle-pedestrian facilities adjoining the site. 5. Materials Standards for Pathways. a. Walkways must be of concrete or masonry pavers and at least five feet wide except that walkways serving no more than four units may be four feet wide. b. Except as provided in Item c below, walkways must be clearly defined and designed so as to be separated from vehicular use areas through the use of raised curbs, elevation changes, bollards, landscaping, different paving materials or similar methods. Striping alone does not meet this requirement. If a raised path is used it must be at least four inches high. Bollard spacing must be no further apart than five feet on center. c. A vehicular drive may be counted toward pedestrian access if the drive provides access to 16 or fewer parking spaces and is surfaced with paving blocks, bricks, or other special paving. DR A F T September 15, 2022 7-18 City of Prattville Zoning Ordinance §7.15.06 Privacy and Security Standards. 1. When a multifamily building is located adjacent to a public street, any stairway must be enclosed within the building or otherwise screened from public street views. For street-facing buildings, upper floor units must be accessed from within the building interior or from an exterior walkway that overlooks an interior courtyard or similar common area. 2. Separation must be provided between windows of ground floor dwelling units and adjacent walkways, parking areas and common open spaces, including: a. A horizontal separation at least ten feet deep including a landscaped bed containing at least one row of evergreen shrubs with a mature height of at least three feet; and/or b. Vertical separation so that the bottom edge of a ground-floor window is at least five feet above the grade of the adjacent walkway, parking area or open space. Developments are encouraged to raise the ground floor of residential buildings at least 30 inches above the adjoining sidewalk or parking area to enhance privacy. Wherever the ground floor is so raised, the minimum horizontal separation in (a) above is reduced to six feet. 3. Entrances and porches of individual units must be set back at least seven feet from walkways and at least twelve feet from the curb line of any driveway or parking area. If the entrance or porch level is at least 30 inches above the adjoining grade, the minimum setback from walkways is four feet and the minimum setback from the curb line of driveways and parking areas is nine feet. §7.15.07 Lighting Standards. Lighting should eliminate adverse impacts of light spillover; provide attractive lighting fixtures and layout patterns that contribute to a unified exterior lighting design; and provide exterior lighting for safe vehicular and pedestrian access to and within a development. 1. Pedestrian Lighting. Pedestrian-level, bollard lighting, ground-mounted lighting, or other low, glare- controlled fixtures mounted on building or landscape walls must be used to light walkways. 2. Lighting Height. Light poles and lighting structures may not be taller than 20 feet. 3. Building-Mounted Lighting. Building-mounted lighting must be limited to accent lighting used to illuminate architectural features and entrances, with a maximum height of 20 ft. 4. Illumination Areas. Exterior lighting must be designed to a minimum average level of one footcandle along all pedestrian areas and driveways and throughout parking areas. Exterior lighting must be maintained in accordance with the approved site plan. 5. Spillover Glare. Light fixtures must use full cut-off lenses or hoods to prevent glare and light spillover onto adjacent properties, buildings, and roadways. §7.15.08 Architectural Standards. 1. Four-sided design. All building elevations must reflect consistent design, textures, colors, and features. All walls must be articulated and fenestrated to provide visual interest. 2. Building Articulation. All buildings must include the following architectural design features at intervals of no more than 30 ft along all facades facing a street, open space or parking area: a. Vertical building articulation. Minimum depth and width of articulation is 36 inches and four feet, respectively, if corresponding with a change in color or building material and/or roofline. Otherwise, minimum depth and width of articulation is ten feet and 15 ft, respectively. Porches and projecting balconies, including those that are partially recessed, count toward this requirement. DR A F T Article 7 Use-Specific Regulations 7-19 Vertical Building Articulation b. Articulation of the “base, middle and top”. This typically includes a distinctive design for the portion of the elevation along the foundation and ground floor, consistent articulation of middle floors, and a distinctive roofline. 3. Diversity of Building Types. Multi-building developments must provide different architectural designs to achieve visual interest and variety, particularly where multiple buildings front on the same public street. Changes in building colors or reversal of facade designs are not sufficient to comply with this standard. To meet this requirement, changes must include a combination of at least two of the following: vertical articulation (meeting the requirements of (a) above), fenestration, building materials, and roof design. 4. Accessory structures. Accessory structures must reflect the same design and finish as principal buildings. 5. Roof Design. a. Multifamily buildings must have a minimum 4:12 roof pitch. Alternative roof designs will be considered provided design elements are included to help the building and its roofline fit into the site’s context. b. Pitched-roof buildings must incorporate variations in the roofline. The maximum length of any continuous roofline is 40 ft. The use, alone, of dormers and/or gables is not sufficient to comply with this requirement. Left: Continuous roofline exceeds 40 ft. Right: Acceptable variation in roof design. c. Eaves must extend beyond the supporting wall at least 16 inches. §7.15.09 Building Details and Materials. 1. Changes in material should occur at the horizontal divisions between the base, middle and top and on inside corners. “Heavier” materials, such as masonry, should be used on the base. DR A F T September 15, 2022 7-20 City of Prattville Zoning Ordinance 2. Exterior Finishes. Building facades must incorporate a coordinated color scheme consisting of matte finishes. A “coordinated color scheme” includes a limited number of complementary colors that are used throughout the development; and in the case of developments with multiple buildings, primary façade colors may alternate from building to building provided trim colors, materials and/or other design features visually tie together individual buildings. Neutral or earth tone colors are recommended. Gloss finishes may be used for trim and accent. Fluorescent and metallic paints are prohibited. 3. Windows a. Transparent windows facing the street are required. At least 15% of each street-facing facade must be fenestration. All other facades must have a minimum fenestration area of 10%. b. Windows must be recessed or project at least two inches from the wall plane or window trim must be used at least four inches in width with color that contrasts with the base building color. Exceptions will be considered where the design includes other distinctive window or facade treatment that adds visual interest to the building. 4. Preferred Building Materials. Building exteriors must be constructed from high quality, durable materials as follows: a. Brick or other masonry. When used for the facade of any building, concrete blocks must be split, rock- or ground-faced and may not exceed 25% of the masonry area of the facade. To add visual interest, the use of specialized textures and/or colors used effectively with other building materials and details are encouraged. Plain concrete block or plain concrete may be used only as foundation material if the foundation material is not revealed more than three feet above finished grade at the foundation wall. b. Exterior insulation and finish system (EIFS) and similar troweled finishes (stucco) must be trimmed in wood, masonry, or other approved materials and may not be used adjacent to grade. c. Horizontal wood and cementitious siding. Composite boards manufactured from wood or other products, such as hardboard or plankboard, may only be used when the board product is less than nine inches wide. 5. Prohibited Materials. The following materials are prohibited in locations visible from the public right-of-way and adjoining properties: a. Plywood siding (including T-111 or similar plywood), except when used as a component in board and batten siding b. Highly tinted or mirrored glass (except stained glass) as more than 10 percent of the building facade c. Corrugated fiberglass d. Crushed colored rock/crushed tumbled glass e. Noncorrugated and highly reflective sheet metal 6. Vinyl may be used as a trim material. Vinyl siding is permissible as an accent material comprising no more than 30% of any building façade and only when the board size is less than six inches wide. However, vinyl siding it may not be used adjacent to grade. Vinyl siding cannot be painted, which limits opportunities for changing building colors as part of future renovations. 7. Corrugated metal siding is permissible as an accent material comprising no more than 30% of any building façade. 8. Chain link fencing must be vinyl coated and may not be used forward of the front building line. §7.15.10 Landscaping. Screening must be provided to conceal certain site elements, including but not limited to, mechanical equipment, loading and waste collection areas, from public view. In addition to any required parking lot landscaping, buffers and screening, landscaping must include the following: DR A F T Article 7 Use-Specific Regulations 7-21 1. Foundation Planting. All street-facing elevations must have landscaping along any exposed foundation. The landscaped area may be along the outer edge of a porch instead of the foundation. This landscaping requirement does not apply to portions of the building facade that provide access to the building. Foundation landscaping must meet the following standards: a. The landscaped area must be at least three feet wide. b. There must be at least one three-gallon shrub for every three lineal feet of foundation or the minimum spacing necessary for healthy growth as recommended by a landscape professional. 2. Landscaping techniques include the following: a. Preserve existing trees and native vegetation whenever possible. b. Use plants that require low amounts of water, including native drought-resistant species. c. Use low-impact design techniques, including pervious pavement, swales, and rain gardens, to manage stormwater in parking lots. d. Locate trees along street frontages at appropriate spacing so that, at maturity, ground floor entrances are clearly visible from the street and sidewalk. e. Plant a mix of evergreen and deciduous plants to maintain year-round color and interest. f. Install shrubs, grasses and other non-tree vegetation, as appropriate, for ground cover in landscaping beds, open spaces and other unpaved areas. 3. An irrigation method must be included in the landscaping plan. Underground irrigation systems should be used whenever possible to avoid drought loss. §7.15.11 Additional Standards 1. Traffic Impact Study and Plan. A traffic impact study and plan, prepared by a Traffic Engineer, must be furnished together with the Site Plan for all developments of 100 units or more, or as may be required by the City Engineer. The study must be prepared in accordance with generally accepted standards for traffic studies. The traffic study must show, in detail reasonably satisfactory to the City Engineer, the effect that the proposed development will have on the area adjacent to and near the site. The study must make recommendations with respect to what additional traffic controls will be needed adjacent to or near the site as a result of the traffic generated by proposed development. The developer must pay the cost of any such signals and/or devices if the City Engineer considers them necessary. 2. Drainage Study and Plan. For each development, a drainage study and plan must be furnished as part of the Site Plan. Such study must be prepared by a Professional Engineer. The plan must show, in detail, reasonably satisfactory to the City, the effect that the proposed development will have on the site and the land adjacent to and near the site. The plan must include drainage, grading, excavation, topography, erosion and sedimentation, stormwater detention and floodplain management controls. The plan must provide for such structures and devices as may be required by the City’s stormwater rules and regulations. §7.15.12 Site Plan Requirements. In addition to the site plan requirements in §11.02, the following must be provided as necessary to determine compliance with the applicable standard: 1. Dimensions between buildings and calculations, §7.15.04.04 2. Parking calculations in table form, §7.15.04.05 3. Open space plan (as separate sheet or as part of landscaping plan), specifying all required improved and other open spaces with overall dimensions, area (sf) for each, proposed use and improvements, including a table with areas and percentages, §7.15.04.6 4. Pedestrian circulation plan, with dimensions, materials in relation to open spaces, buildings and vehicular areas, §7.15.05 DR A F T September 15, 2022 7-22 City of Prattville Zoning Ordinance 5. Dimensioned plan or illustration of privacy and security measures, including method of horizontal and/or vertical separation, §7.15.06 6. Lighting plan, prepared by a lighting designer documenting conformance with §7.15.07 7. Dimensioned diagrams or illustrations of building and roof articulation for each unique building plan, §7.15.08 8. Typical elevations for each unique building plan, including building details, materials and percentages of fenestration and materials used on facades, §7.15.09 9. Landscape plan, §7.15.10 10. Traffic Impact Study and Plan, if required, §7.15.11 §7.16 Patio Homes §7.16.01 No patio home may be constructed, nor construction commenced, until all applicable requirements have been met and final approval given as required by the City. §7.16.02 Site requirements. A detailed site plan must be submitted and approved by the Commission in accordance with the City Subdivision Regulations. §7.16.03 General requirements 1. Patio homes may be detached or semi-detached. 2. At least ten percent of the overall patio home development site must be reserved and improved as one or more common open spaces, which must be at least 40 feet in their least dimension. 3. Fireplace and chimney may be placed in the rear yard setback provided they do not project beyond the 30-inch permitted roof overhang and provided they do not restrict or obstruct any drainage easement, whether existing or proposed. 4. Required side yards must be kept perpetually free of permanent obstructions, accessory structures and walls and fences without gates. 5. Privacy fences or walls may be placed on or along any lot lines provided they do not obstruct local lot drainage and provided gates or other openings are provided to allow access for fire protection. An eight-foot-maximum height limit will be permitted for privacy fences or walls located on or along any required side or rear yard. 6. Each lot must be designed to have one yard or open area, other than a front yard, with a minimum area of 600 square feet. 7. Front loaded lots must have a parking apron in front of any garage to accommodate two parking spaces. 8. Where adjoining zero lot line dwellings are set back from their common lot line: a. A perpetual wall maintenance easement at least three feet wide must be provided along and parallel to the adjoining lot. b. A perpetual drainage easement must be provided as approved by the Commission. Fences and walls may be located on or along this easement only when gates or other openings are provided and maintained so as not to obstruct local lot drainage. A "hold harmless agreement" will be required. 9. Roof overhang may penetrate maintenance and drainage easement of the adjacent lot a maximum of 30 inches, provided the roof is designed so that water runoff is restricted to the drainage easement area. 10. Windows, doors and other openings on walls facing side lot lines must comply with the Building Code. DR A F T Article 7 Use-Specific Regulations 7-23 11. Any lot adjoining a zero-setback side yard must be under the same ownership at the time of initial construction so that property rights of adjacent tracts are not infringed upon or a ten-foot side setback will be required, whenever the zoning classification of the adjoining property does not allow for zero-setback development. 12. Accessory structures may not exceed 20 ft in height. Accessory structures are permitted a zero-foot setback along the same side lot line along which the principal dwelling is permitted a zero-foot setback. §7.17 Recreational Vehicle Parks and Campgrounds §7.17.01 RV Park and Campground Standards 1. Minimum tract size: Three acres 2. Minimum street frontage: 100 ft 3. No structures, camp sites or RV spaces may encroach into the following minimum setbacks: a. Front yard: 35 ft b. Side yard: 30 ft c. Rear yard: 35 ft 4. Parking. At least one parking space must be provided for each camp site plus one parking space per employee. Parking spaces are not required to be paved but must be graded and surfaced as approved by the Director. 5. Minimum open space recreation area. At least 5,000 sf for the first 20 RV spaces plus 150 sf for each additional RV space. 6. Lighting. All vehicular drives, common areas and walkways providing access to restrooms, campground office and other common facilities must be adequately lighted for vehicular and pedestrian traffic safety. Lighting must be arranged and designed to minimize illuminating individual RV spaces and camp sites. 7. Access a. All RV spaces and all parking, sanitary, recreation and other common facilities must be accessed from an internal vehicular drive designed to accommodate recreational vehicles. b. All such vehicular drives must be maintained by the park owner or operator and open for access at all times to emergency vehicles. c. Vehicular drives must be surfaced with asphalt, crushed rock or other suitable, dustless material approved by the Director. Vehicular drives must be at least 12 ft wide for one-way traffic and 22 ft wide for two-way traffic. Parallel parking along the vehicular drive requires at least ten feet in additional width. 8. Sanitation a. The following facilities must be provided, at a minimum, for the exclusive use of park occupants: two toilets and lavatories for each 15 camp sites and RV spaces or fraction thereof not provided with a water connection, two shower facilities and a washer and dryer. b. If any RV spaces are not provided with drain inlets to receive discharge of toilets, dump stations, built to code and designed to receive the discharge of sewage holding tanks of self-contained vehicles must be provided in an accessible location. Such stations must be separated from all camp sites and RV spaces by at least 100 ft. c. Two-cubic yard or larger waste containers must be located within 300 ft of every RV space, but no closer than 100 ft. Alternatively, the Director may approve the use of individual waste containers for each RV space provided the park operator provides for regular waste pickup from RV spaces. DR A F T September 15, 2022 7-24 City of Prattville Zoning Ordinance d. Dump stations and two-cubic yard and larger waste containers may not be closer than 30 ft to any property line and must be screened in accordance with §10.03 Screening. §7.17.02 Standards for RV spaces 1. Each RV spaces must be at least 500 sf in area. Spaces for non-motorized recreational vehicles must be large enough for the RV and the passenger vehicle pulling the RV unless parking is provided for the passenger vehicle within 150 ft of the space served. 2. No occupied RV may be located anywhere but in an approved RV space and only one recreational vehicle may be located in each RV space. 3. Spaces must be designed to provide at least 20 feet separation between RVs in adjoining spaces. §7.17.03 Short-term residence in recreational vehicles is permitted only in approved RV parks subject to the following: 1. A short-term recreational vehicle residence permit must be obtained, which is limited to six months, but may be renewed for no more than one additional six-month period. The permit application must be accompanied by a letter from the employer, verifying and describing the short-term job/employment, including the length of employment. 2. Short-term residence may not exceed 12 months in a 24-month period and must be solely for short-term work or business purposes, as verified, in writing, by a local business or employer. 3. Not more than 25% of the approved spaces in the RV park may be used for short-term residence at any one time. 4. All short-term residential recreational vehicles must be legally registered and tagged, maintained in good aesthetic appearance and function and be kept road-worthy. 5. They may only be parked in a space with a direct sanitary disposal connection. 6. No porches, permanent stairs or other structures or additions may be attached to the recreational vehicle. §7.18 Recycling Facilities and Donation Bins §7.18.01 Community Recycling Receptacles 1. When proposed on an already developed site, receptacles must be approved as an accessory use by the Director before being placed on a premises. When proposed on a site to be developed, receptacles and necessary loading space must be indicated on the proposed site plan or subdivision plat for consideration by the approving authority. 2. In residential districts, community recycling receptacles may only be permitted on the premises of an approved nonresidential use or within a common area approved as part of a subdivision or multifamily development of five or more units and are limited to the receiving of household recyclables only. 3. In nonresidential districts, receptacles should be located behind the front building line to the extent practicable, though the approving authority may allow them forward of such line as needed for visibility. In such case the approving authority may require screening or other improvements for compatibility with adjoining development and as necessary for conformance with the requirements or intents of the applicable district. 4. Receptacles may not encroach on any required parking, loading or landscaping and may not interfere with vehicular circulation on or off the premises. In residential districts, receptacles may not be located forward of the front building line. 5. Receptacles must display the name of the owner or sponsor, their address, telephone number, and contact person. Cleanliness and pickup of matter in and around said receptacle is the responsibility of the sponsor. DR A F T Article 7 Use-Specific Regulations 7-25 §7.18.02 Recycling Centers 1. Unless approved through a Special Exception by the Board, recycling centers must be operated from a permanent building located on the premises. 2. Receptacles must be located behind the front building line to the extent practicable. In such case the approving authority may require any receptacles located forward of the front building line to be screened or other improvements made for compatibility with adjoining development and as necessary for conformance with the requirements or intents of the applicable district. 3. All recyclables must be within a receptacle or otherwise stored out of public view whenever the recycling center is closed. The operation and/or its site must be designed and managed so that any after-hours drop-off of recyclables, if permitted, does not result in accumulation of recyclable materials in areas visible to the public. If after-hours drop-off of recyclables is not permitted, the approving authority may require that the premises be secured to prevent such accumulation. §7.18.03 Donation Bins 1. Donation Bins are permitted as an accessory use on nonresidential premises only and may only be placed with permission of the property owner. 2. Location of donation bins must be approved by the Director before being placed on premises. 3. Donations Bins may not encroach on any required parking, loading or landscaping and may not interfere with vehicular circulation on or off the premises. 4. Donated goods must be collected regularly so as not to allow accumulation of goods outside of containers. Receptacles must display the name of the owner or sponsor, their address, telephone number, and contact person responsible for collection. All donated goods accumulating outside of containers must be collected within 48 hours of notice by the City. §7.19 Short Term Rentals Reserved. §7.20 Tattoo Parlors Not more than two such uses are permitted within 1,000 ft of each other or an adult entertainment establishment, as measured between the nearest property lines. Nor may a tattoo parlor be located closer than 500 ft to the nearest boundary of any residential district or the nearest property lines of the following protected uses: child day care center or learning center; church or other place of assembly; or any public or private school offering pre-kindergarten through high school education programs. The expansion of a residential district or location of a protected use in conflict with these separation requirements will not cause an existing, permitted tattoo parlor to become nonconforming. §7.21 Telecommunication Towers §7.21.01 Definitions. As used in this Section, the following words and terms have the meanings as defined herein: 1. ANTENNA. An electromagnetic device which conducts radio signals through an attached cable or wave guide, to or from a radio transmitter or receiver. “Antenna” includes devices commonly referred to as “whips”, “panels” and “parabolic dishes”. “Antenna” includes an antenna used in conjunction with microwave, cellular or personal communication service systems and any other type of telecommunication systems now or hereafter in use. 2. CO-LOCATION SITE. A parcel of land or other site on which the antennae and related equipment of more than one party are located. 3. COMMUNICATION FACILITIES. Towers, antennae and equipment, collectively. 4. EQUIPMENT. All equipment and facilities used in conjunction with one or more towers and/or antennae, including, but not limited to, electronic systems, generators, fuel tanks and fuel. DR A F T September 15, 2022 7-26 City of Prattville Zoning Ordinance 5. FIBER-OPTICS. Light transmissions through very fine flexible glass, by internal reflection. 6. MONOPOLE. Any self-supporting wooden pole or any self-supporting metal or concrete pole designed to support an antenna; provided, that the word “monopole” does not include a latticed steel or metal tower, a tower which requires guy wires for support or a tower which has more than one source of support, such as a tower with more than one leg. 7. RESIDENTIAL PROPERTY. Any land located in a Residential District. 8. TOWER. Any telecommunication Monopole (as defined hereinbefore) including Monopoles used for microwave, cellular or personal communication service systems and any other telecommunication systems now or hereafter in use. As used in this article, “tower” includes any telecommunication tower installed or constructed within the city prior to the effective date of this Ordinance, regardless of whether such tower is a Monopole or another type of tower. 9. TOWER COMPOUND. A parcel of land or a building on which communication facilities are located §7.21.02 Required Approvals. No party may construct a tower or tower compound until the Board has approved it as a Special Exception use, unless permitted by right in the applicable district, and a Building Permit has been subsequently granted. Co-location of an antenna on an existing tower may be approved by the Director, except as otherwise provided herein. §7.21.03 Applicability. All towers, antennae and equipment constructed or installed, whether on a new or existing tower compound, after the effective date of this Ordinance and any changes or additions to any tower or antenna in existence before the effective date of this Ordinance, are subject to this Section. A tower which is proposed to be built on a co-location site is subject to the same requirements and conditions as all other towers. Routine maintenance of, and repairs to, the communication facilities, may be performed without the approval of the Board, though a permit may be required if applicable to the nature of the maintenance or repair activity. §7.21.04 Public hearing. The Board will hold a public hearing with respect to each application for the construction of a tower. The installation of any additional antenna on the same tower, and the equipment used in connection with such additional antenna, is subject to approval of the Director and does not require a hearing or approval of the Board unless: 1. the tower compound is to be enlarged or there is a change in the size or location of the existing tower; or 2. the Director considers it appropriate that such application be referred to the Board for review and consideration §7.21.05 Co-location. A new tower may not be constructed if space is available, on an economically reasonable basis, on an existing tower which is structurally and technically able to support the proposed antenna. An affidavit that reasonable effort has been made by the applicant to locate the proposed antenna on an existing tower must be submitted with the application for the construction of a new tower. Each tower constructed must be designed to provide for the installation of additional antennae to the fullest extent practicable, taking into consideration the structural and technical limitations of the type of tower proposed. §7.21.06 Review Criteria. In considering whether to permit communication facilities to be constructed and/or installed at a certain location, the Board will consider the following public health, safety, and general welfare criteria: 1. Structural safety of towers: Towers must comply with wind-load and other structural standards contained in applicable building and technical codes adopted by the Council, and the electronic industries associations code, so as not to endanger the health and safety of people in the event of the structural failure of a tower. The Director will determine whether towers comply with the requirement of this subsection. DR A F T Article 7 Use-Specific Regulations 7-27 2. Appearance of tower compounds: To the extent practicable, towers and tower compounds must be designed, through the use of building materials, colors, textures, screening and landscaping, so that their appearance is compatible with surrounding land uses. The Board may require that planting and a decorative fence or wall be constructed around a tower compound to help accomplish this end. 3. Compliance with rules and regulations: All communication facilities must comply with all applicable rules, regulations and other requirements of the FCC and other governmental agencies having jurisdiction over them, including but not limited to, the State of Alabama. The Board may require that satisfactory evidence of such compliance be furnished by the applicant. §7.21.07 Development Criteria. The Director will review all applications for towers, antennae, or equipment for compliance with the provisions of this Section. By a vote of a majority of the members of the Board present at the public hearing, the Board may waive any one or more of the following requirements if the circumstances justify such waiver and provided the reasons for such waiver are included in the Board’s minutes. 1. All towers must be monopoles. 2. Each tower compound must be large enough to provide room for a structure to contain the equipment for at least one additional antenna. 3. The centerline of a tower may not be located closer than 200 ft to the boundary line of any residential property. If the land on which a tower compound is located, and all land which abuts the tower compound, is in a nonresidential zoning district (including land in a PUD District used for nonresidential purposes) the centerline of the tower may not be closer than 50 ft to the boundary line of such property. The Board may reduce the foregoing setback requirements in exceptional cases where, due to unusual topographic conditions, the enforcement of the setback requirements would result in unnecessary hardship; provided that the setback may not be reduced to less than the minimum setback required in the applicable district and that the reduction of the setback requirements may not, in the opinion of the Board, be contrary to the health, safety and general welfare of the public. 4. Material finishes and colors should be used to reduce the visibility of the tower. 5. No signs may be attached to, or depicted on, a tower at a height more than 20 ft above grade level. 6. Towers may not be illuminated except for warning beacons and as provided herein. Lights for security and maintenance purposes may be installed on structures which contain equipment. Such light must be pointed downward from a height of not more than 10 ft and may not exceed a maximum of 150 watts. Such lights must be located and directed so that they do not shine or reflect onto or toward any residential property. 7. Each tower compound must be surrounded and fully secured by a dark colored, vinyl-coated or galvanized steel chain link security fence or masonry wall or combination thereof, at least eight feet in height. 8. All tower compounds must be surrounded by a buffer which must, to a height of at least eight feet, effectively screen the view of the tower compound from adjacent public ways and residential property. The buffer must consist of a landscaped strip, at least four feet in depth, located outside of the security fence. The landscaped strip must be planted with a combination of trees, shrubs, vines, and/or ground covers capable of attaining, at maturity, a height as high as the security fence. For tower compounds located within 1,000 ft of residential property or areas of special aesthetic concerns, such as schools, the Board may require wider landscaped buffer areas and other items, such as decay-resistant, solid wood fences, earth beams and masonry walls. All fences, walls and landscaping must be kept in good condition. Applications must include the name and address of the party who will be responsible for maintenance and repair of the communication facilities, and any fences, walls and landscaping. If a different person DR A F T September 15, 2022 7-28 City of Prattville Zoning Ordinance becomes responsible for maintenance and repair, the owner of the tower must give the Director written notice of the person’s name and address. 9. In isolated, nonresidential areas, alternative landscaping methods, such as the use of a dark colored, vinyl-coated or galvanized steel chain link security fence in combination with evergreen shrubs, trees, vines, and/or other plantings, may be permitted on the condition that if the areas surrounding such tower compounds become developed, the Board may require the owner of the tower compound to comply with the requirements of 8) above. 10. Existing mature tree growth and natural landforms must be preserved to the maximum extent practicable. In some cases, such as tower compounds located on large, wooded lots, preservation of a substantial amount of natural growth around tower compound may be considered by the Board in determining buffer requirements. 11. A parking area and driveway of asphalt, concrete or other all-weather surface approved by the Director must be provided for each tower compound for service access and for access by emergency services. Subject to the approval of the Board and to an appropriate agreement with the owner thereof, access may be by means of, and parking may be provided on, an adjoining property. Subject to the approval of the Board, one or more public streets adjoining the tower compound may serve as the parking area. §7.21.08 Removal of Unused Towers. Any tower which is no longer in use for its permitted purpose must be removed at the owner’s expense. Within ten working days of sending notice to the FCC of the intent of the owner to cease use of the tower, the owner must provide the Director with a copy of such notice. The owner must remove the tower and all communication facilities used in connection with it within 90 calendar days from the day the tower ceases to be used or by an earlier date if required by the FCC. If the owner does not remove the tower from the tower compound within the required time period, the owner of the property on which the tower is located, if different from the owner of the tower, must remove it within 90 calendar days of receiving written notice from the City. If neither the owner of the tower nor the owner of the property removes the tower within the time prescribed, the City may, but is not obligated to, remove the tower. If the City removes the tower, it may recover the cost of doing so from the owner of the tower and/or the owner of the property. A tower used by more than one party may continue to be used for telecommunication purposes if the tower is used for such purposes by at least one party. Any party who ceases to use a tower used by more than one party must remove its antenna from the tower and must remove its equipment from the tower compound within 90 calendar days after it ceases to use the tower, or within a shorter period as prescribed by the FCC, so that the tower and compound will be available for use by another party. §7.21.09 Receiving Antennae. A building permit is required for receiving antennae over 24 inches in diameter. A receiving antenna located in a residential district is considered an accessory structure. A receiving antenna located in a nonresidential district must be screened on at least three sides if it is located on the roof of a building or on the top of any other structure, and it must be screened on four sides if it is located at grade level. §7.21.10 Application. In addition to other information required by this Ordinance, all applications to construct a new tower or to locate an antenna or additional equipment on an existing tower compound, must include the following: 1. A list of the names and addresses of all owners of property adjoining the subject property. The application must be accompanied by the certification by the applicant, a surveyor or an attorney that the list of property owners was obtained from the County tax assessor and that the list contains the names and addresses of all owners of property within 500 ft of such tower compound. 2. Statement of impact on health, safety, and welfare: A brief written statement concerning the steps the applicant has taken to comply with all applicable rules, regulations, and requirements concerning health and safety matters related to the proposed communication facilities. DR A F T Article 7 Use-Specific Regulations 7-29 3. Site plans: A site plan, prepared by a surveyor, scaled to not less than one inch equals 50 ft, showing the location and dimensions of the subject property, as well as the location of setback lines, driveways, parking areas, fencing, landscaping, and generators and the location, size and type of any fuel tanks. The site plan must be prepared by a licensed and must also show: a. all parcels located within 500 ft of any part of the tower compound b. zoning classification of the property and of all parcels within 100 ft of the subject property, including zoning classifications in an adjoining municipality c. the latitude, longitude, section, township, range, tax parcel identification number, street address and the site identification number of the proposed tower compound. If any part of the tower compound is or will be located within 1,000 ft of a boundary line of the city, the following information must be clearly indicated: 1) the distance from such boundary line 2) the name of the adjacent municipality d. such other information as may be required by the Board to determine compliance with the requirements of this Ordinance. If the proposed tower is to be located on a portion of a larger property, its location with respect to the boundary lines of such property must be shown on the site plan. 4. Elevation views: a silhouette and elevation view of the proposed or existing tower, as applicable, all other communication facilities, and the tower compound, describing colors and materials to be used for the communication facilities and any fencing or walls. The configuration of proposed antenna arrays must be shown on the silhouette. The proposed location of future, additional antenna arrays must be shown on the silhouette by dashed lines. 5. Frequency band and wattage: The frequency band and maximum wattage of proposed communication facilities. 6. The estimated life of the tower, the antenna and the equipment. 7. Affidavit: An affidavit of the applicant stating that: 1) there is no existing tower from which the area to be served from the proposed new tower can be served; or 2) the applicant has made good faith efforts to have its antenna installed on an existing or proposed tower (from which the area proposed to be served by the new tower could be served) and has been unable to do so and giving a detailed written narrative of the efforts made by the applicant to use such existing or proposed tower. 8. Certification of Shared Use Design. If the tower to be used is one on which there is already one or more antennae, the application must be accompanied by a certification by an engineer, qualified to make such certification, certifying that the tower is able to accommodate the proposed antenna, as well as the antennae already located on the tower, in a safe and functional manner. To help defray the costs of processing applications, reviews and otherwise administering the provisions of this Section, the applicant must submit a non-refundable application fee, as set by the Council, plus any costs incurred by the City for public notice. §7.21.11 Foundation Survey, As-Built Certification. After the foundation for a tower is poured, a foundation survey, prepared by a surveyor, showing the location of the foundation of the tower, must be furnished to the Director, and no further work may be done with respect to the construction of the tower until the Director has approved, in writing, the foundation, including its location. Upon the completion of the tower and installation of an antenna, or upon the location of an additional antenna upon an existing tower, the tower and antenna or the antenna, as the case may be, may not be put into operation until a qualified engineer furnishes the City written certification that the tower and the antenna were built and installed, or the antenna was installed, if the antenna was installed on an existing tower, in accordance with the plans submitted to the city including the installation of any required buffers, fencing and walls. DR A F T September 15, 2022 7-30 City of Prattville Zoning Ordinance §7.22 Temporary Uses §7.22.01 Authorization, Exemptions. Temporary uses are permitted only as expressly provided for in this Section. The following are exempt from the provisions of this Section: 1. Merchandise for sale occupying a permanent, outdoor display area used in conjunction with a permanent business 2. Merchandise located in a temporary display area which does not occupy required parking spaces, driveway aisles or required landscaping areas, and for which customers must enter a permanent business on the same lot to make a purchase. §7.22.02 Permit required. All temporary uses require a temporary use permit unless specifically exempted herein. 1. The Director issues temporary use permits. Applications for a permit are made on forms provided by the Director. If deemed necessary by the Director due to the size, potential impact and duration of the temporary use, applications must include a site plan, drawn to a scale not less than one inch = 100 ft and showing the following: a. North arrow and scale b. All property lines c. Location with dimensions and use of all proposed and existing structures and portions of the premises to be occupied by the temporary use d. Location and dimensions of all parking areas e. Location of all public streets, driveways, walkways and curb cuts to be used f. Location and direction of all exterior signs and lighting g. Location of all water and sewer taps h. Location and type of all electrical connections i. Location of nearest fire hydrant j. Certification by registered traffic engineer that adequate provisions have been made for traffic management on the site. The Director may waive the certification if deemed unnecessary due to intensity of use. 2. If not the property owner, the applicant must present a notarized letter from the owner granting permission for use of the property. 3. A fee covering the cost of reviewing the application, issuing the permit and inspecting the site must be submitted with the application. Permit fees are in addition to any required bonds listed below. Fees are waived for fundraising events held by nonprofit and charitable organizations. 4. Zoning certification required. The Director must provide the revenue officerFinance Department with a zoning certification indicating that a temporary use permit has been issued authorized in compliance with the provisions of this article. The certification is required before the revenue officerFinance Department may issue a business license for the temporary use. §7.22.03 General provisions 1. Temporary commercial uses are permitted only in B-1, B-2 and B-4 zoning districts, unless otherwise specified in this Section. 2. The Fire Marshal and Building Official must inspect all uses listed under §7.22.04 before occupancy. 3. Unless permanent sanitary facilities are available on the premises, temporary uses must provide temporary sanitary facilities with approval of such facilities by the applicable County Health Department presented with the application. DR A F T Article 7 Use-Specific Regulations 7-31 4. All permanent or temporary lighting for the temporary use requires an electrical permit and inspection. 5. The applicant must provide parking for the patrons of the temporary use. It is the responsibility of the applicant to guide patrons to approved parking and to prevent unlawful parking. 6. Any traffic control specifically required by the Police Department, as a condition of permit approval, is the responsibility of the applicant. 7. The site must be cleared of all debris by the expiration of the permit. Any temporary structures must be removed within seven days of the expiration of the permit, however, an exception may be granted by the Director for produce sales structures. A cash bond must be posted with the City in an amount adequate to ensure that the site is cleared of all debris during and after the close of the temporary use. Instead of a bond, the applicant may present a signed contract with a waste disposal company, which must be included with the permit application. 8. Serving of alcoholic beverages is not allowed except by permit from the City Council. §7.22.04 Permitted temporary uses. The following temporary uses are permitted subject to the following criteria. 1. Carnival or circus a. Permitted in B-2 or B-4 Districts only b. Maximum length of zoning permit is 30 days. c. No structure or equipment is permitted within 500 feet of any property in residential use. d. Signs are permitted as follows: 1) Total area of all signage may not exceed 100 square feet. 2) Signs must be set back at least 20 ft from all lot lines. 3) No more than one freestanding sign is permitted. e. Hours of operation are limited to between 10 a.m. and 10 p.m. 2. Christmas Tree Sales a. Permitted in FAR districts and Business districts. b. Maximum length of zoning permit for display is 45 days. c. Signs are permitted as follows: 1) Total area of all signage may not exceed 100 square feet. 2) Signs must be set back at least 20 ft from all lot lines. 3) No more than one freestanding sign is permitted. d. Hours of operation are limited to between 10 a.m. and 10 p.m. 3. Contractor's office and construction equipment sheds a. Permitted in any district where use is incidental to construction project on the same property. b. Maximum length of permit is one year. c. Must be removed no more than five days after issuance of the Certificate of Occupancy. d. Signs are permitted in conjunction with construction project as specified in Article 9. 4. Events of Public Interest. a. Permitted events: outdoor concerts, auctions, athletic events, street fairs and associated concessions, and other similar events. b. Permitted in all business and institutional districts and property owned by the City, County Commission or any public or private school or place of worship DR A F T September 15, 2022 7-32 City of Prattville Zoning Ordinance c. Signs are permitted, in addition to any existing permanent signage, as follows: 1) Total area of all signs posted at the entrance may not exceed 200 sf, with no one sign greater than 100 sf. 2) No more than one freestanding sign is permitted. 5. Public fundraising events by non-profit organizations. a. Permitted only in Business and institutional districts, unless conducted in conjunction with an approved nonresidential use in a Residential District. b. Permitted events: car washes, bake sales, fruit sales, and other such activities used by nonprofit or charitable organization to raise tax exempt funds. c. No activities or signs may be located in the public right-of-way. 6. Real estate sales office. a. Permitted in any district when used in conjunction with an approved subdivision, whether residential or nonresidential. The office may not contain any sleeping or cooking accommodations. A model home may serve as a temporary office, but may not be occupied as a residential structure while being used as an office. b. Maximum length of permit is one year or until all lots in the subdivision are developed; whichever expires first. c. Only signs permitted in Article 9 may be displayed in conjunction with the office. 7. Tent Assembly. a. Permitted in FAR and business districts. Permitted in Residential districts as a Special Exception, see §12.03. b. Maximum length of permit is 15 days. c. Signs are permitted as follows: 1) Total area of all signage may not exceed 100 square feet. 2) Signs must be set back at least 20 ft from all lot lines. 3) No more than one freestanding sign is permitted. 8. Seasonal sale of farm produce. a. Permitted in Business and FAR districts. b. One six-month permit may be issued during each twelve-month period. c. Sales areas, including produce stands, vehicles used as stands, and sheds, may encompass no more than 200 400 square feet. Sales areas must be set back at least 20 feet from all lot lines. Entrances and exits must be at least 50 feet from the nearest intersection, measured from the intersection of rights of way. This does not apply to previously approved driveways. d. Signs are permitted as follows: 1) Total area of all signage may not exceed 20 square feet. 2) No more than one freestanding sign is permitted. 9. Temporary storage containers a. Permitted in all districts b. No permit is required c. Containers must be kept within the property and may not be placed in any way that obstructs on-site parking or circulation DR A F T Article 7 Use-Specific Regulations 7-33 d. Containers may only be kept on premises for 30 consecutive days; however, the Director may authorize an extension of this time upon request, and may put further conditions on location and length of time. §7.23 Townhouses §7.23.01 No townhouse may be constructed nor construction commenced until all applicable requirements have been met and final approval given, as required. §7.23.02 Site requirements. A detailed site plan must be submitted to and approved by the Commission. The site plan must meet all the requirements of the City Subdivision Regulations. §7.23.03 General requirements 1. At least three but no more than eight townhouses may be contiguous. 2. Contiguous townhouses must be separated by a fire wall that complies with City Building and Fire Codes. 3. Each townhouse must be on its own lot. Townhouses constructed in a condominium arrangement are exempt from this requirement. 4. At least ten percent of the overall townhome development site must be reserved and improved as one or more common open spaces, which must be at least 40 feet in their least dimension. 5. Townhouses may not extend more than five feet in front of a building located on an adjoining lot of dissimilar use. 6. No portion of a townhouse or accessory structure in, or related to, one townhouse complex, may be closer than 20 feet to any portion of any townhouse or accessory structure, related to another townhouse complex, or to any other building. 7. Each townhouse must have its own yard, containing not less than 500 square feet, reasonably secluded from view from the streets or from the neighboring property. 8. Waste collection and resident access to any common waste collection facilities must be properly integrated into the development plan. Common waste collection areas, including individual and common receptacles, may not be located forward of the building line. Individual waste receptacles may not be stored in front of the dwelling, unless screening is provided as approved by the Director. 9. Maintenance easements must be provided along shared lot lines of contiguous townhouses. Other access easements may also be required based on the site arrangement. §7.23.04 Parking. 1. Off-street parking may be placed on individual lots or grouped within one or more common parking areas to the side or rear of the dwellings. Off-street parking must be within 150 feet by the most direct pedestrian route of the door of the dwelling, to which it belongs. 2. Common parking areas may not extend forward of the front building line. 3. Driveways and parking spaces may not occupy more than 50% of the required front yard of a dwelling. 4. Front-loaded garages are limited to one bay. That portion of the façade containing garage doors may not extend closer to the front lot line than any other part of the front façade. §7.24 Electric Vehicle Charging Stations Level 1, 2, and 3 electric vehicle charging stations are allowed as an accessory use in all nonresidential districts and on multi-family premises; installation as a principal use may be permitted by Special Exception. In residential districts, not including multi-family uses, Level 1 and 2 charging stations are allowed when attached to the principal structure or an accessory structure and not encroaching into the required setbacks; Level 1, 2, and 3 charging stations may be DR A F T September 15, 2022 7-34 City of Prattville Zoning Ordinance permitted as a principal use by Special Exception, or within common open space or facilities when included in the preliminary plat, or as a Special Exception when installed after platting. DR A F T Article 8 Parking and Loading 8-1 ARTICLE 8 PARKING AND LOADING §8.01 Definitions Terms used in this Article have the following meanings: §8.01.01 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. §8.01.02 GROSS FLOOR AREA (GFA). The total floor area of a building designed for both tenant occupancy and exclusive use. GFA 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, GFA is the gross floor area measured by taking the outside dimensions of the building at each floor level. §8.01.03 LOADING AREA. That area used to satisfy the requirements of this Ordinance for truck loading and unloading. §8.01.04 LOADING SPACE. An off-street space or berth used for the unloading or loading of commercial vehicles. §8.01.05 OCCUPANCY LOAD. The maximum number of persons, which may be accommodated by the use as determined by its design or by fire code standards. §8.01.06 PARKING AISLE. That portion of the parking area consisting of lanes providing access to parking spaces. §8.01.07 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. §8.01.08 PARKING SPACE. That portion of the parking area set aside for the parking of one vehicle. §8.01.09 STACKING SPACE. An off-street space for the temporary stacking of vehicles with an aisle intended to serve a drive-in teller, take-out food window, dry cleaning/laundry pick-up and similar functions. §8.02 Parking Required §8.02.01 Off-street parking must be provided as specified in Table 8-1. When the requirement is not readily determinable, the Director determines parking requirements using the table as a guide. When calculating the number of required spaces, any fraction is rounded up to the nearest whole number. §8.02.02 Except as provided for shared parking facilities in §8.02.03, no off-street parking required for a use or structure may, during its life, be occupied by or counted as off-street parking for another use or structure but may be included in the required yard space. §8.02.03 Shared parking. A joint parking area may contain required parking spaces for more than one use, provided the combined number of spaces complies with the parking for all uses. If the combined uses will use the same spaces at wholly different times, the spaces may be credited to each separate use. In such case, the applicant must provide a joint parking agreement; and, if sharing the same spaces, a time schedule for allocation of the spaces. Where appropriate, parking for multiple uses on the same premises may be reduced by calculation of shared parking requirements using Table 8-2. §8.02.04 Where off-street public parking spaces are available within 400 ft from the subject property, parking requirements may be reduced as determined by the Board of Adjustment. On-street parking spaces along and within the lot frontage may be counted toward parking requirements. §8.02.05 If any structures or uses are enlarged, expanded or changed to a use requiring more parking, additional parking must be provided to meet the total requirements of the enlarged, expanded or changed use. If it is not practicable to meet the full requirement, the Director may approve a reduction of 10%. A reduction of more than 10% of the parking requirement may only be approved by the Board as a Special Exception. DR A F T September 15, 2022 8-2 City of Prattville Zoning Ordinance §8.03 Location Required off-street parking facilities must be located on the same lot as the structure or use served; except, as follows: §8.03.01 In the Prattville Historic District, required parking may be provided off-site with Special Exception approval by the Board. §8.03.02 If required parking spaces cannot reasonably be provided on the same premises as the use, remote parking may be permitted by a Special Exception if within 400 ft of premises. Written legal documentation must show that the applicant has the right to the remote parking spaces. The owner of the remote parking premises must enter into a written agreement with enforcement running to the City providing that the property on which remote parking is provided may not be sold or developed until parking requirements for the use identified in the agreement have otherwise been met. The agreement may be voided if the remote parking is no longer needed to meet parking requirements. §8.04 Design Standards §8.04.01 Parking facilities and access drives must be constructed to provide adequate drainage and maintained in such a manner that no dust will be produced by continuous use. The design and construction of all parking facilities and access drives must be approved by the Director. §8.04.02 All off-street parking facilities must be designed so that access to the parking spaces does not require maneuvering in or backing into a public street. This does not apply to off-street parking for single-family and duplex dwellings, unless located on a major street as defined by the City Subdivision Regulation. §8.04.03 Parking areas must be arranged and marked in accordance with the dimensional standards in Table 8-3 or alternate dimensions as approved by the Director. Parking spaces for single-family and duplex dwellings, unless parking is provided in common parking areas, need not be marked. §8.04.04 Curbs or other suitable barriers must be provided so that vehicles do not encroach into pedestrian ways or come in contact with walls, fences or plantings. This does not apply to single-family and duplex dwellings unless parking is provided in common parking areas. §8.05 Bicycle Parking §8.05.01 When bicycle parking is provided with storage in accordance with §8.05.02, automobile parking requirements may be reduced up to five percent at the following rates: 1. Nonresidential uses: one automobile parking space per six bicycle parking spaces 2. Multifamily uses: one automobile parking space per ten bicycle parking spaces §8.05.02 Bicycle storage standards 1. Bicycle parking must be placed in a visible location no farther than 150 ft from the main entrance of the nonresidential use or from the multifamily building, as applicable. 2. Freestanding bicycle racks must be securely anchored to the ground and of a design to enable the locking of the bicycle frame and one wheel to the rack and to support bicycles in stable position. 3. Bicycle parking must be located on a paved or pervious, dust-free and adequately drained surface and have a five-foot clearance for access. Each required space must be accessible without moving another bicycle. TABLE 8-1 REQUIRED OFF-STREET PARKING SPACES BY USE Agricultural Uses Farm 1 per 1.5 employees DR A F T Article 8 Parking and Loading 8-3 TABLE 8-1 REQUIRED OFF-STREET PARKING SPACES BY USE Farm Stand 1 per 350 sf of retail floor area Farm Support Business 1 per 1.5 employees, plus 1 per company vehicle Stable 1 per 4 persons of occupancy load plus 1 per 1.5 employees Residential Uses Accessory Dwelling 1 per DU Boarding House 1 per boarding room plus 1 for the resident manager Duplex, Triplex, Quadplex 2 per DU Independent Living Facility 1 per 2 DUs plus 1 space per employee Manufactured Home 2 per manufactured home Multifamily Dwellings 1.5 per studio or 1-BR unit; 1.75 per 2-BR unit; 2.0 per 3+ BR unit; plus 2 visitor spaces per 10 dwelling units Single-family Dwelling, Attached 2 per DU plus 2 visitor spaces per 10 attached dwellings1 Single-family Dwelling, Detached 2 per DU Single-family Dwelling, Patio Home 2 per DU plus 2 visitor spaces per 10 patio homes 1 Single-family Dwelling, Semi-detached 2 per DU 1 Visitor parking spaces may be provided on-street subject to Preliminary Plat approval by the Commission. Institutional Uses Assisted Living Facility 1 per 4 residents plus 1 per employee Club, Private 1 per 200 sf of non-storage and non-service floor area Community Center 1 per 400 sf of GFA Country Club 1 per 4 persons of occupancy load Day Care Center 1 per employee, plus 1 stacking or parking space per 8 persons enrolled of occupancy load Group Care Home 1 per 4 beds plus 1 per employee Hospital 1 per 2 patient beds plus 1 per emergency room bed plus 1 per employee Library 1 per 500 sf of GFA Nursing Care Facility 1 per 4 beds plus 1 per employee Place of Assembly 1 per 4 persons of occupancy load Public Facility 1 per 400 sf of GFA Rehabilitation Facility 1 per 4 beds plus 1 per employee School, College or University Public Private Subject to approval of the Commission per §11-52-11, Code of Alabama 1 per 3 employees plus 1 per 10 students residing on campus plus 1 per 5 students not residing on campus School, Elementary or Junior High/Middle 1 per classroom, plus either 1 per employee or 1 per 4 seats in the main assembly space (whichever is greater) School, High 1 per 8 students of occupancy load, plus either 1 space per classroom or 1 per 4 seats in the main assembly space (whichever is greater) School, Commercial 1 per employee plus 1 per 2 students at occupancy load Commercial Uses Automobile Dealership 1 per 200 sf of interior sales area plus 1 per 4,000 sf of outdoor display area plus 1 stacking space per service bay Automobile Parts Store 1 per 400 sf of GFA plus 1 per employee Automobile Rental Establishment 1 per 400 sf of GFA plus 1 per rental vehicle Automobile Repair Service 1 per employee plus 2 stacking spaces per service bay plus 1 per company vehicle DR A F T September 15, 2022 8-4 City of Prattville Zoning Ordinance TABLE 8-1 REQUIRED OFF-STREET PARKING SPACES BY USE Bank (no drive-thru) 1 per 350 sf of GFA Bank (drive-thru only) 1 per 2 employees plus 3 stacking spaces per teller Bank (with drive-thru) 1 per 350 sf GFA plus 3 stacking spaces per teller Barber or Beauty Shop 1.5 per chair Bar or Nightclub 1 per 3 persons of occupancy load Bed and Breakfast 1 per guest bedroom plus 2 spaces Bowling Alley 2 per bowling lane Call Center, Telemarketing Office 1 per 150 sf of GFA or 1 per employee, whichever is greater Car Wash (full service or automated) 1 per employee plus 4 stacking spaces per bay Car Wash (self-service) 3 stacking spaces per approach lane plus 2 drying spaces per stall Clinic, Medical or Dental 5 per practitioner Commercial School 1 per 3 students of occupancy load plus 1 per employee Dry Cleaning Pick-Up 1 per 300 sf of GFA Funeral Home 1 per 1 employee plus 1 per 4 seats of occupancy load plus 1 per company vehicle Furniture Store 1 per 600 sf of GFA Service Station 2 per service bay plus 1 per company vehicle plus 1 per employee plus 1 stacking space per fuel island Gas Station / Convenience Store 1 per 400 sf of GFA plus 1 stacking space per fuel island Home Improvement or Appliance Store 1 per 500 sf of GFA Hotel or Motel 1 per room plus 1 per employee Laundromat 1 per 2 washing machines Mini-storage facility 5 spaces (adjacent to leasing office, if any) Office, business or professional 1 per 400 sf of GFA Movie Theater 1 per 4 seats Outdoor Recreation Golf Course Miniature Golf Golf Driving Range Park, up to 10 acres Park, more than 10 acres Sports field or complex Other 3 per hole 1 per hole 1 per tee 1 for first 2 acres plus 1 per additional acre plus parking for any other functions 5 for first acre plus 1 per additional 10 acres plus parking for any other functions 1 per 40 sf of seating 1 per 4 persons of occupancy load Pool Hall 2 per 3 tables Retail, General 1 per 300 sf of GFA for tenant spaces up to 50,000 sf, 1 per 400 sf of GFA for tenant spaces over 50,000 sf Restaurant, Take-out or delivery only 1 per employee plus 1 per 350 sf of GFA Restaurant, Drive-in 1 per ordering station plus 1 per employee Restaurant, Drive-thru 1 per 200 sf of GFA plus 4 stacking spaces per drive-thru window Restaurant, Standard 1 per 4 seats of occupancy load Unenclosed Retail 1 per 600 sf of display area plus 1 per employee Veterinary Hospital, Pet grooming 1 per 300 sf of GFA Industrial Uses DR A F T Article 8 Parking and Loading 8-5 TABLE 8-1 REQUIRED OFF-STREET PARKING SPACES BY USE General Industry and Manufacturing, Research Laboratory and similar uses 1 per 1,000 sf of GFA Warehouse, distribution and wholesale Business 1 per 1 employee plus 1 per company vehicle but not less than 1 per 500 sf of GFA TABLE 8-2: TYPICAL SHARED PARKING DEMAND BY USE AND TIME OF DAY* Parking Demand by Use Weekday 8am-5pm Weekday 6pm-12am Weekday 12am-6am Weekend 8am-5pm Weekend 6pm-12am Weekend 12am-6am Residential 60% 100% 100% 80% 100% 100% Office 100% 20% 5% 5% 5% 5% Commercial 90% 80% 5% 100% 70% 5% Lodging 70% 100% 100% 70% 100% 100% Restaurant 70% 100% 10% 70% 100% 20% Entertainment 40% 100% 10% 80% 100% 50% Movie Theater 40% 80% 10% 80% 100% 10% Institutional 100% 20% 5% 10% 10% 5% Place of Worship 10% 5% 5% 100% 50% 5% * Different parking demands may be used than those shown if documented in a parking demand study. TABLE 8-3: PARKING LOT DIMENSIONAL REQUIREMENTS Parking Angle Stall Width (A) Stall Length (B) Stall Depth (C) Curb Length (D) Aisle Width (E) Interlock (F) One-Way Two-Way 0° 9 ft 22 ft 9 ft 22 ft 12 ft 20 ft n/a 30° 9 ft 18 ft 16.8 ft 18 ft 15 ft 20 ft 3.9 ft 45° 9 ft 18 ft 19.1 ft 12.7 ft 15 ft 20 ft 3.2 ft 60° 9 ft 18 ft 20.1 ft 10.4 ft 20 ft 24 ft 2.3 ft 90° 9 ft 18 ft 18 ft 9 ft 20 ft 24 ft n/a Note: For parking lots being redesigned or enlarged on an already developed property, the Director may authorize a shorter stall length or depth if greater stall width is provided or if overhang is available without encroaching into space required for other purposes. In no case may the required stall length be reduced below 18 feet. Parallel Parking Angled Parking 90° Parking Angled Parking with interlock DR A F T September 15, 2022 8-6 City of Prattville Zoning Ordinance §8.06 Loading Spaces Nonresidential uses must provide off-street space for the loading and unloading of materials or goods, as specified in Table 8-4, without encroaching upon or interfering with the use of adjoining properties, streets, alleys, required parking areas and sidewalks. Off-street loading requirements do not apply in the Prattville Historic District. When calculating required loading spaces, a fraction is rounded up to the nearest whole number. §8.06.01 Loading space for two or more uses on the same lot may be shared as long as the amount of space meets the combined requirements of all uses to be served. §8.06.02 Loading spaces may not be located in a required front yard or within five feet of any property line. §8.06.03 If any structures or uses are enlarged, expanded or changed to a use requiring more loading space, additional loading space must be provided to meet the total requirements of the enlarged, expanded or changed use. If it is not practicable to meet the full requirement, the Director may approve a reduction of 10%. A reduction of more than 10% of the loading requirement may only be approved by the Board as a Special Exception. §8.06.04 Plans showing required off-street loading must be submitted with any Building Permit application. Plans must show location, arrangement, and dimensions of loading spaces, circulation and access in a manner satisfactory for the safety and convenience of pedestrian and vehicular traffic. §8.06.05 Each off-street loading and unloading space must be at least ten feet wide and 55 ft long with not less than 14 ft in vertical clearance, exclusive of maneuvering space. TABLE 8-4 LOADING SPACE REQUIREMENTS Use Space Required Retail store, warehouse, wholesale establishment, industrial plant or factory, freight terminal, restaurant, funeral home, laundry or dry-cleaning plant, or similar use Less than 8,000 sf GFA: no space required unless the Director determines that the specific use requires such space 8,001-20,000 sf of GFA: 1 space 20,001-60,000 sf GFA: 2 spaces Over 60,000 sf GFA: 2 spaces plus 1 additional space for every 50,000 sf GFA or fraction thereof over 60,000 sf Auditorium, convention or exhibit hall, hotel, office building, stadium, nursing care facility or similar use Less than 10,000 sf GFA: no space is required unless the Director determines that the specific use requires such space 10,001-40,000 sf GFA: 1 space Over 40,000 sf GFA: 1 space plus 1 additional space for every 50,000 sf or fraction thereof over 40,000 sf §8.07 Electric Vehicle Charging Stations (EVCS) §8.07.01 Nonresidential uses: all new or reconstructed parking areas with 50 or more parking spaces must provide the electrical capacity necessary to accommodate to future hardwire installation of a Level 2 or higher EVCS at a rate of 2% of total parking required (minimum of two chargers/parking spaces and maximum required of eight chargers/parking spaces). §8.07.02 When EVCSs are provided, total parking requirements may be reduced at a rate of two parking spaces for each EVCS parking space up to five percent of the total required parking. DR A F T Article 9 Signs 9-1 ARTICLE 9 SIGNS §9.01 Purpose It is the intent of the following requirements to control the use of publicly legible signs, to support traffic safety; to encourage the safe construction and effective use of signs as a means of communication to the public; to safeguard the public use and nature of city streets and sidewalks; to prevent the accumulation of trash; to minimize adverse effects to nearby public and private property; and to enhance the visual environment of the city. §9.02 Definitions For the purpose of this article, certain words and terms are defined as follows: §9.02.01 ABANDONED SIGN. A permanent sign (1) that has displayed no message for a continuous period of one year or more or (2) that the principal use to which it was accessory has not been active on the premises for a continuous period of one year or more. A sign is considered accessory to a use when the operator of the use or owner of the property, on which the use was located, installed, maintained or received a permit for the sign during the time the use was active on the premises. §9.02.02 ATTACHED SIGN. A permanent sign other than a Freestanding Sign, including Wall Signs, Projecting Signs and Awning and Canopy Signs. §9.02.03 AWNING OR CANOPY SIGN. A sign directly painted on or directly affixed to an awning or canopy. §9.02.04 CHANGEABLE COPY SIGN. A sign in which the message may be manually or electronically changed without altering the sign. §9.02.05 COMMERCIAL MESSAGE. A sign message that identifies or directs attention to a business, commodity, service or entertainment sold or offered for sale or a fee. §9.02.06 DOUBLE-FACED SIGN: A sign constructed to display its message on the outer surfaces of two opposing planes. When only one face is legible from any vantage point along the street, the area of one side (the larger, if applicable) is counted toward allowable sign area. If both faces may be viewed from the same vantage point, the area of both sides is counted. §9.02.07 ELECTRONIC MESSAGE SIGN. A sign designed so that the characters, letters or illustrations can be changed or rearranged electronically or through mechanical means. §9.02.08 FREESTANDING SIGN. A sign supported by its own structure, which support structure is mounted upon the ground and not attached to another structure. §9.02.09 GOVERNMENT SIGN. Any sign erected on public property and maintained by the City, State or Federal Government for dissemination of general information and matters of public interest. §9.02.10 INSTALL. To place, construct, erect, mount, paint, affix or attach a sign to a structure or to the ground. §9.02.11 LEGIBLE. Able to be read by a person of ordinary eyesight standing at grade level or seated in a vehicle at a location on an adjoining public right-of-way, public space or, if applicable, an adjoining private property. §9.02.12 NONCOMMERCIAL MESSAGE. Any message other than a COMMERCIAL MESSAGE. This includes all messages or types of messages considered noncommercial speech by a court of law. §9.02.13 PERMANENT SIGN. A sign constructed of durable materials, attached to the ground or a building in a manner to resist wind and other environmental loads and to prevent ready removal or movement. §9.02.14 PORTABLE SIGN. Any freestanding sign greater than six square feet in area that is readily movable and that is not permanently affixed to the ground, including signs mounted on weighted bases or wheeled chassis. PORTABLE SIGN does not include a sign carried by a person or animal. DR A F T September 15, 2022 9-2 City of Prattville Zoning Ordinance Portable Sign §9.02.15 PREMISES. One or more adjoining lots developed in a unified manner and design with shared parking and driveway facilities or an undeveloped property. §9.02.16 PROJECTING SIGN. A sign attached to a building wall that extends more than 12 inches from the face of such wall. §9.02.17 SEASONAL DECORATIONS. Decorations and lighting displayed during religious, national or state holidays not installed in a permanent manner and that contain no commercial message. This does not include TEMPORARY SIGNS that are greater than four square feet in area, that are directed at and legible from the public right-of-way. §9.02.18 SIGN. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, organization, or place of business, or which identifies or promotes the interests of any person and which may be viewed from the private property of another or from any public right-of-way (collectively referred to as a “public area”). For the purposes of these regulations, the term SIGN includes all structural members. The term SIGN does not include the following objects though they may be legible from a public area: cemetery markers, vending machines or express mail drop-off boxes, decorations, artwork or a building’s architectural features, or a manufacturer’s or seller’s markings on machinery or equipment. §9.02.19 SIGN FACE. The surface of the sign upon, against or through which the message of the sign is displayed. §9.02.20 SIGN STRUCTURE. The supports, uprights, bracing, or framework of any structure, be it single-faced, double-faced, V-type, or otherwise exhibiting a sign. §9.02.21 TEMPORARY SIGN. A sign, other than a PORTABLE SIGN, that is not permanently attached to the ground or a structure and that is not designed or intended for permanent display. §9.02.22 WALL SIGN. A sign painted on or permanently affixed or fastened to the wall of a structure in such a manner that the sign face is parallel to the wall plane and in which the wall is the supporting structure of the sign. §9.02.23 WINDOW SIGN. A sign applied or attached to a window or displayed within six feet of the interior of a first-floor window area to attract attention of persons outside the building. WINDOW SIGNS do not include merchandise in a window display. §9.03 Applicability, Permit Required §9.03.01 Applicability. All signs hereafter installed or maintained must comply with the requirements of this Article, except as provided in §9.03.03. §9.03.02 Permit Required. No sign may be installed, replaced (including face changes), or changed in location or size without a valid Sign Permit issued by the City, unless exempted by §9.03.04. Applications for Sign Permits must show the proposed location of the sign, and any pavement, curb, public right-of-way or easement within 25 feet of the sign, sign type, size, height, type of foundation, electrical scheme, DR A F T Article 9 Signs 9-3 illumination scheme, and any other information required by the Director. The Director will issue permits only upon determination that the plan conforms to the requirements of this article. §9.03.03 Excluded Signs. The following are exempt from regulation under this Article and do not require a Sign Permit, though they may require other types of permits, whenever applicable: 1. Signs that are not legible from any public right-of-way, or public space or another property 2. Any permanent sign with a sign area of one square foot or less 3. Signs of a duly constituted governmental body or authority or public utility including, but not limited to, traffic or similar regulatory devices, legal devices, warnings at railroad crossings, governmental survey or boundary markers, and notices of water lines or buried cables, and public hearing notices 4. Publicly owned memorial tablets or signs 5. Signs required by law or governmental order, rule, or regulation 6. Signs inside a building other than Window Signs 7. Seasonal decorations containing no commercial message 8. Signs on an operable vehicle used in the normal course of business; except signs on vehicles that are kept, on a recurring basis, on the premises so that the signs is legible from the street §9.03.04 Signs, Actions not Requiring a Permit. The following signs and actions related to a sign do not require a Sign Permit, unless the sign or action is of a nature that requires a Building Permit. However, they must nonetheless conform in all other respects to the requirements of this article, and may not be illuminated and may not have a total sign area greater than six square feet: 1. Temporary signs 2. Window signs 3. Changing of copy on Changeable Copy Signs provided there is no structural change or change in the primary lighting source 4. Routine sign maintenance, including painting, repainting, cleaning and repair not involving structural changes or changes to the sign area or height 5. Signs and notices issued by any court, officer or other person in performance of a governmental duty §9.03.05 Fees. All applicable fees must be provided with each Sign Permit application. §9.03.06 Expiration. A Sign Permit expires if work has not begun within 180 90 days from the date it is issued. Applicants are allowed one 9030-day extension of each Sign Permit, provided the extension is applied for prior to the original permit’s expiration. §9.03.07 Indemnification of City: Every Sign Permit application must include an agreement of indemnification and hold the City harmless for any damages or expenses that may be incurred because of the sign and related structure. §9.03.08 Permit Revocation. The City may revoke a Sign Permit if it is found that there has been concealment or misrepresentation of material facts in the Sign Permit application or submitted plans. §9.04 General Sign Regulations §9.04.01 Viewpoint and Content Neutrality, Substitution 1. It is the policy of the City to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate speech by message content. No sign will be subject to any limitation based on the viewpoint of the sign message. DR A F T September 15, 2022 9-4 City of Prattville Zoning Ordinance 2. Signs authorized by this Article may carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process, except where the change of message increases the sign area or requires changes to the sign that would otherwise require a Sign Permit. This provision prevails over any more specific provision to the contrary within this Article. The purpose of this provision is to prevent an inadvertent favoring of commercial messages over noncommercial messages or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot, nor does it affect the requirement that a sign structure or mounting device be properly permitted. §9.04.02 Prohibited Signs. In the interest of public safety and aesthetics, the following are prohibited in all districts: 1. Signs with moving, strobing or flashing lights or any design that may be confused with the lights of a police, fire or emergency response vehicle 2. Signs that contain or are an imitation of an official traffic signal or contain the words “stop”, “go slow”, “caution”, “danger”, “warning”, or similar words, when used in such a manner that the sign may be mistaken for an official sign. 3. Portable signs 4. Signs wrapped around or otherwise affixed to bollards 5. Signs that move, rotate, whirl, spin or otherwise make use of motion to attract attention (this does not include Changeable Copy Signs), including but not limited to inflatable signs, streamers, pennants, string lights and other attention-getting devices that may be moved by the wind; this does not include flags installed on flagpoles or stanchions in accordance with §9.06.03 6. Signs that emit any detectable noise, smoke, vapor, odor, particles or that include any lighting or control mechanism that interfere with radio, television or electronic means of communication 7. Signs involving tires and tires used as attention-getting devices in any form 8. Signs constructed of mirrors or other surfaces that reflect light §9.04.03 Maintenance 1. All signs and sign structures must be kept in a proper state of repair and legibility. The Director is authorized to order the painting, repair or alteration of signs, which may include correcting conditions such as rust or peeling paint on signs and sign structures and faded messages. The Director may cause any structurally unsafe or insecure sign to be immediately removed if the sign presents an immediate peril to the public health or safety. 2. Weeds and grass must be kept cut beneath and for 10 ft in all directions from the perimeter of a detached sign. This area must also be maintained free of debris and rubbish that would constitute a fire or health hazard or be construed as a nuisance.Temporary signs found to be torn, faded, or in otherwise deteriorated condition are a violation. 3. All electronic and illuminated signs that are no longer functional must be made functional or removed at the owner’s expense within 30 days of becoming dysfunctional. 4. The owner is responsible for the costs of any required repair, painting, alteration or removal of signs. §9.04.04 Placement 1. Permanent signs may not be installed in or over a public right-of-way. However, the Board of Adjustment may permit a sign to be placed in a public right-of-way as a Special Exception if it determines that: a. there are conditions unique to the premises that are beyond the control of the applicant and that prevent the installation of allowable signage in conformance with placement restrictions and b. the proposed location does not conflict with the public interest. DR A F T Article 9 Signs 9-5 In making its determination, the Board will consider the written opinions of the Police Chief, City Engineer, Fire Chief, and the Director prior to making its determination. 2. Temporary signs may not be posted in a public right-of-way and must be set back at least ten five feet from the nearest edge of pavement or back of curb, whichever is applicable, and at least three feet from the back of any sidewalk or other pedestrian or bicycle path; except as otherwise permitted in the Downtown Overlay District. Improperly placed temporary signs in the right-of-way or city property are a violation of this Ordinance and may be removed immediately by City employees, or further enforcement action may be pursued. 3. Signs may not be placed or extend into or over the required side or rear yard setback nor extend over a property line. 4. Signs may not be installed at any location, whereby the position, size, shape, color, movement, or illumination would obstruct the view of traffic or cause the sign to be confused with any governmental traffic signal, safety barricade or emergency vehicle. 5. Signs may not be attached to utility poles, meter posts or trees. 6. Except as required by law, no sign may be displayed on a property without the consent of the legal owner. 7. Signs may not be installed on the roof of any building or project above its roof line. However, signs may extend to the top of the parapet when present. 8. On any premises where the principal structure is set back less than the required setback for freestanding signs, the Director, after consultation with the Police Chief, Fire Chief, and City Engineer, may authorize a lesser setback provided a public hazard will not be created. 9. Signs and sign structures may not obstruct openings required for ventilation or means of egress, including any fire escape, window, door, stairway, exit, walkway, utility access or Fire Department connection. §9.04.05 Determination of heights and areas of signs for all districts: 1. For sign messages installed on a background panel, cabinet, or surface distinctively designed to serve as the background for the sign message, sign area is calculated as the smallest rectangle that encompasses the extreme limits of the background panel, cabinet or surface. See Figures 9-1 and 9-2. 2. For sign messages where individual letters or elements are installed on a building façade and where there is no background panel, cabinet or surface distinctively designed to serve as the background for the sign message, sign area is calculated as the smallest rectangle that encloses all the letters or elements associated with the sign and multiplied by 0.8. When there are multiple sign elements on the same surface, the Director determines the outermost boundaries of individual sign elements. See Figure 9-3. Figure 9-1 Wall Sign with panel Figure 9-2 Freestanding Sign DR A F T September 15, 2022 9-6 City of Prattville Zoning Ordinance Figure 9-3 Wall Sign without panel Figure 9-4 Nonplanar Sign 3. Supporting framework, bracing, or decorative fences or walls are not included in calculating sign area. 4. For sign messages that are nonplanar, the sign area is calculated as the smallest rectangle that encompasses the profile of the sign message and any background object, panel, cabinet or surface distinctively designed to serve as the background for the sign message. The profile used is the largest area of the sign message and background visible from any one point. See Figure 9-4. 5. Sign heights. For attached signs, clearance height is measured from grade level directly beneath the sign to the lowest point of the sign. For freestanding signs, including temporary and portable signs, height is measured from grade level at the base of the sign to the highest part of the sign. However, when the grade level of a freestanding sign is lower than that of the adjoining roadway, sign height is measured from the grade of roadway. §9.04.06 Abandoned Signs. Conforming signs that become abandoned must have their sign area covered or the sign message removed, as approved by the Director based on the design of the sign. §9.05 Sign Type Standards §9.05.01 Permanent Signs Untreated wood and unfinished wood may not be used on the exterior of a sign, including any background panel, cabinet, surface, message or supporting structure. §9.05.02 Attached Signs 1. Attached signs, including Wall, Projecting, and Awning and Canopy Signs must be installed on the principal structure and may not be installed on accessory structures. 2. Projecting signs may not project more than 40 inches from the wall plane. §9.05.03 Portable Signs, existing on the effective date of this Ordinance, must be secured, subject to the approval of the Director, to prevent unintended movement due to wind or other causes. §9.05.04 Electronic Message Signs, whether attached or freestanding, are subject to the following: 1. Electronic Message Signs may not be larger than 50 sf. 2. Electronic Message Signs may not be brighter than 4,690 nits during daytime and 1,675 at nighttimebrightness and illumination shall be measured by the following.: a. Illuminance shall be measured with the sign off, and again with the sign displaying a white image for a full color-capable sign, or a solid message for a single-color sign. b. The difference between the off and solid-message measurements shall not exceed 0.3 footcandles at night. a.c. Illumination shall be measured at a distance of: Measurement Distance (in ft) = (√ (area of sign face (in sf) x 100), rounded to nearest whole foot. 2.3. Electronic Message Signs must be equipped with a dimmer control and photocell and must automatically adjust the display intensity according to natural ambient light conditions. DR A F T Article 9 Signs 9-7 3.4. Electronic Message Signs must have a default mechanism that will freeze the display in a static message if a malfunction occurs. 4.5. Electronic Message Signs may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver or constitute a nuisance to traffic and pedestrian safety, regardless of ambient light conditions or illumination measurements.. 5.6. Message displays must be static, employing no motion, animation or changes in color or brightness, and may not change more frequently than eight seconds. Transitions between message displays must be instantaneous and may not simulate movement. 6.7. Electronic Message Signs must be set back at least 50 ft from any residential district boundary. If permitted by special exception within a residential district, the sign must be set back at least 50 ft from lot lines of the nearest dwelling, or otherwise as far as practicable as determined by the Director. §9.05.05 Illuminated Signs 1. Illuminated signs must conform in all respects to the City Electrical and Fire Codes. In no case will an electrical cord be permitted to lie upon the ground. Any other provision of this article notwithstanding, the Building Official, Fire Marshal, or Director may order the repair or removal of any sign which does not conform to these codes. 2. Any light mounted on, within or directed toward any sign must be shielded so that no direct illumination is cast upon any surrounding property or on or toward any public right-of-way. §9.06 Signs Permitted in All Districts §9.06.01 Temporary Signs, in accordance with §9.07 Residential Districts, §9.08 Nonresidential Districts and §9.09 FAR Districts. Temporary signs may be used for commercial or noncommercial speech. §9.06.02 Permanent, freestanding signs installed on nonresidential premises within six feet of the vehicular access to the premises not more than four sf in area and not more than four feet in height. No more than one such sign is permitted per direction of travel at each vehicular access. §9.06.03 Flagpoles and Stanchions 1. Unless otherwise required by state law, for each parcel and development site in residential use with at least one principal structure, one flagpole is permitted. There is no limit to the number of flags that may be displayed per flagpole. 2. For each nonresidential parcel or development site up to one-half acre in size, up to two flagpoles may be installed. For each nonresidential parcel or development site over one-half acre in size, up to three flagpoles may be installed. For each additional acre, up to two additional flagpoles may be installed. Up to two flags may be displayed per flagpole. 3. Flagpoles may not exceed 1.5 times the allowed building height for the district, but in no event may a flagpole be taller than 50 ft above grade. 4. For each principal structure, up to two flag brackets or stanchions may be attached or placed for the display of flags. §9.07 Residential Districts §9.07.01 General Standards 1. Only those signs expressly permitted in §9.06 and this Section are permitted. 2. Electronic Message Signs may be permitted only by Special Exception and only on the premises of permitted nonresidential uses. 3. The following signs are prohibited: a. Projecting Signs DR A F T September 15, 2022 9-8 City of Prattville Zoning Ordinance b. Permanent freestanding signs on undeveloped property §9.07.02 Attached Signs 1. Each multifamily building is permitted one attached sign, which may not exceed six sf in area. 2. Each nonresidential building is permitted one attached sign. Attached signs may not be larger than one square foot of sign area per two linear feet of the entire length of the elevation containing the main entrance or 80 sf, whichever is more restrictive. This sign area may be distributed anywhere on the building. One additional attached sign is permitted for a secondary façade along an adjoining public street or an on-premises parking area. The additional attached sign is limited to 65% of the sign area on theallowed from the primary facade. §9.07.03 Freestanding Signs 1. Subdivisions. Each subdivision is permitted one sign at each street entrance, which may not be taller than six feet above grade nor be larger than 24 sf in sign area. An acceptable legal entity must be identified to provide perpetual maintenance for the sign 2. Multifamily Developments, Manufactured Home Parks and Nonresidential Premises. Each housing development and nonresidential premises is permitted one freestanding sign, which may not exceed eight feet in height nor 100 sf in sign area. §9.07.04 Temporary Signs 1. During construction of a residential or nonresidential development, only the following temporary signs are permitted: a. Subdivisions, Multifamily and Nonresidential Developments, Manufactured Home Parks. Up to two temporary signs are permitted at the primary entrance to the development. Each sign may be up to 32 sf in area and may not be taller than six feet above grade level. These signs must be removed within 30 days following the completion of the development. For residential subdivisions, “completion” refers to issuance of Certificates of Occupancy for 75% of the dwellings in the subdivision or phase thereof, as applicable, or 24 months after Final Plat approval, whichever comes first. In all other cases “completion” refers to issuance of a Certificate of Occupancy for the development. 2. After initial construction, each residential and nonresidential premises is permitted the following temporary signs: a. At any time, three temporary signs with a combined area of 20 sf, with no sign larger than nine square feet in sign area nor taller than four feet above grade. No temporary sign may be posted for longer than 90 days. and may not be attached to fences. b. For nonresidential uses, one additional temporary sign may be posted for up to 15 days from the time of its initial opening and up to 15 days prior to its final closing. The sign may not be larger than 20 sf in sign area. If freestanding, it may not be taller than six feet above grade. §9.08 Nonresidential District regulations §9.08.01 General Standards. In all Business, Manufacturing, Office and Institutional Districts, only those signs expressly permitted in §9.06 and this Section are permitted. §9.08.02 Attached Signs 1. Residential premises are permitted attached signs in accordance with §9.07 Residential Districts. 2. For nonresidential and mixed-use premises, each ground floor tenant is permitted one attached sign subject to the following: DR A F T Article 9 Signs 9-9 a. Attached signs may not be larger than two square feet of sign area per linear foot of wall on which the tenant has a main entrance or 200 sf, whichever is more restrictive. This sign area may be distributed anywhere on the building. However, regardless of wall length each tenant is permitted an attached sign or signs of at least 40 sf in total area. An additional attached sign is permitted for tenant spaces with a secondary façade along an adjoining public street or on-premises parking area. The additional attached sign is limited to 65% of the sign area on the primary facade. b. The aggregate area of window signs may not exceed 2025% of the total glass area of all windows on that building wall on the same floor. Illuminated signs in the interior of a building and placed within five feet of the window to be seen from the exterior, are counted toward window sign area. c. In addition to a primary attached sign, each premises or each tenant on a premises with multiple tenants is allowed up to two canopy or awning signs as a secondary form of signage. The area of such signs is counted toward the total allowed attached sign area. §9.08.03 Freestanding Signs 1. Residential premises are permitted freestanding signs in accordance with §9.07 Residential Districts. 2. Nonresidential and mixed-use premises are permitted freestanding signs as follows: a. Any premises not developed with a principal structure or use is allowed only one permanent freestanding sign, subject to §9.10 Permanent Freestanding Signs on Undeveloped Property. b. Developed premises are allowed one freestanding sign per street frontage, subject to the following: 1) Premises with more than 300 ft along a street frontage may have one additional freestanding sign along that street frontage provided the signs are at least 200 ft apart. 2) The maximum height of freestanding signs is based on the classification of the street on which the premises fronts and the freestanding sign is oriented towards, as shown in Table 9-1. 3) The maximum sign area for freestanding signs is calculated at one square foot per linear foot of street frontage for the entire development up to a total sign area of 300 100 sf. Premises with freestanding signs no taller than the reduced maximum height in Table 9-1 are permitted a maximum sign area calculated at 1.25 sf per linear foot of street frontage for the entire development up to a total sign area of 400 150 sf. 4) Nonresidential premises within 1,000 ft of the I-65 right-of-way and that front on an arterial street or an interstate frontage road may have one additional freestanding sign with a maximum sign area of 300 200 sf, which is not counted against the allowable sign area of other freestanding signs on the premises. The overall height of the sign may not exceed 100 ft. 4)5) If signs are permitted along additional street frontages, signs must be at least 100 ft apart. TABLE 9-1: FREESTANDING SIGN HEIGHT Location/Street Classification Maximum Sign Height Reduced Maximum Sign Height Major Street with 4 or more lanes (if premises is within 1,000 ft from interstate right-of-way) 50 ft above the driving surface of interstate nearest the premise1 n/a Major Street with 4 or more lanes (if premises is further than 1,000 ft from interstate right-of-way) 25 ft 15 ft Major street with less than 4 lanes 20 ft 10 ft All other locations 15 ft 10 ft 1 Applies to only one freestanding sign; any other permitted freestanding signs permitted due to the amount or number of street frontages are limited to 25 ft. DR A F T September 15, 2022 9-10 City of Prattville Zoning Ordinance §9.08.04 Temporary Signs 1. Residential premises are permitted temporary signs in accordance with §9.07 Residential Districts. 2. Nonresidential and mixed-use premises are permitted temporary signs as follows (refer also to Downtown Overlay District for additional standards): a. During construction, up to two temporary signs are permitted at the primary entrance to the development. Each sign may be up to 32 sf in area and may not be taller than six feet above grade level. These signs must be removed within 30 days following the completion of the development. b. After initial construction, each premises is permitted the following temporary signs: 1) At any time, each premises is permitted two temporary signs with each sign no larger than 16 sf in sign area nor taller than six feet above grade. No temporary sign may be posted for longer than 90 days, except as provided in 2) following. 2) In lieu of one of the allowed temporary signs in subsection 1 above, Oone temporary banner may be posted under the same time limits for up to 30 consecutive days and no more than 180 days within a calendar year. Such banners may not be larger than 40 sf in sign area. If freestanding, the sign may not be taller than six feet above grade. 2)3) Beginning 180 days before a local, state, or federal election, as well as the time period between a primary or special election and any corresponding run-off election, and the time period between a primary election and the corresponding general election, and ending ten days after the final election, each premises is permitted one additional temporary sign no larger than 32 sf in sign area nor taller than six feet above grade. c. During permitted repair, renovation or addition to an existing building, one additional temporary sign per premises may be posted for up to 60 days. The sign may not be larger than 12 sf in sign area nor taller than six feet above grade. These signs must be removed within seven days of completion of the repair, renovation or addition. §9.09 FAR District §9.09.01 General Standards 1. Only those signs expressly permitted in §9.06 and this Section are permitted. 2. Electronic message signs may only be permitted as Special Exceptions and only on the premises of permitted nonresidential uses. 3. The following signs are prohibited: a. Projecting Signs b. Permanent freestanding signs on undeveloped property §9.09.02 Attached Signs. Agricultural and other nonresidential premises are permitted attached signs as follows: 1. Attached signs may not be larger than one square foot of sign area per linear foot of wall on which the tenant has a main entrance or 100 sf, whichever is more restrictive. 2. Window signs may not exceed 2025% of the total glass area of the window. Illuminated signs in the interior of a building and placed within five feet of the window so as to be seen from the exterior are counted toward window sign area. 3. In addition to a primary attached sign, each premises is allowed up to two canopy or awning signs as a secondary form of signage. The area of such signs is counted toward the total allowed attached sign area. §9.09.03 Freestanding Signs DR A F T Article 9 Signs 9-11 1. Residential premises are permitted permanent freestanding signs as provided for Residential Districts in §9.07.03. 2. All other premises developed with a principal use or structure, other than a sign, are allowed one freestanding sign regardless of the number of street frontages. Freestanding signs may not be taller than ten feet above grade and may not be larger than 100 sf in sign area. §9.09.04 Temporary Signs 1. Residential premises are permitted temporary signs as provided for Residential Districts in §9.07.04. 2. All other premises are permitted temporary signs as follows: a. During construction, up to two temporary signs are permitted at the primary entrance to the development. Each sign may be up to 32 sf in area and may not be taller than six feet above grade. These signs must be removed within 30 days following the completion of the development. b. After initial construction, each premises is permitted the following temporary signs: 1) At any time, each premises is permitted three temporary signs with each sign no larger than nine square feet in sign area nor taller than six feet above grade. 2) One additional temporary sign may be posted for up to 30 days from the time of its original opening and for up to 30 days prior to its final closing. Such signs may not be larger than 40 sf in sign area. If freestanding, the sign may not be taller than six feet above grade. §9.10 Permanent Freestanding Signs on Undeveloped Property Permanent freestanding signs on undeveloped property are permitted only on properties with frontage on I-65 or a frontage road adjoining the I-65 right-of-way subject to the following standards. For the purposes of this article, undeveloped property is property with no established use. §9.10.01 Electronic message signs and illuminated signs are subject to the applicable standards in §9.05.03 §9.05.04 and §9.05.04 §9.05.05 respectively, not including size limitations in those sections. Illumination requirements may need to be verified by approved professional at expense of owner or applicant. §9.10.02 Height and sign area is subject to Table 9-2. Height is measured from grade level at the base of the sign or grade level of the highway, whichever is higher. §9.10.03 Spacing between any permanent freestanding signs on undeveloped property is subject to Table 9-2 and the following: 1. Signs may not be located closer than 400 ft to any residential district. 2. Signs may not be located closer than 400 feet to the nearest point along the right-of-way of any intersecting street or as required by the ALDOT or the City Engineer, whichever is greater. TABLE 9-2 STANDARDS FOR PERMANENT FREESTANDING SIGNS ON UNDEVELOPED PROPERTY Maximum Height Maximum Sign Area Minimum Spacing from another similar sign on same side of highway Minimum Spacing from another similar sign in any direction I-65 40 ft 672 sf 1,000 ft 500 ft §9.11 Nonconforming signs §9.11.01 All lawfully nonconforming signs in existence or under construction with a valid permit upon the effective date of this article may continue subject to the following: DR A F T September 15, 2022 9-12 City of Prattville Zoning Ordinance 1. The sign does not become damaged or deteriorated so as to become a public hazard. The Director may order the removal of any sign which becomes a public hazard. Such sign must be removed within 30 consecutive days of the date of the order. 2. Any single repair does not exceed 50% of the sign's value immediately prior to the repair; 3. The sign is not extended or maintained in such a way as to extend its nonconformity; and 4. The sign is not expanded and, if a permanent sign, relocated or removed for any length of time. §9.11.02 Any nonconforming sign that becomes abandoned must be removed or brought into conformity at the owner’s expense. §9.12 Specific Use Standards §9.12.01 Gas Stations. 1. The allowed sign area, as determined by the principal structure, may be distributed between the principal structure and the canopy, if present. 2. If an accessory car wash is present, the walls with the entrance and exit openings are allowed 20 sf of sign area each. §9.12.02 Mini-Storage or Self Storage Facilities 1. The building with an office will be considered the principal structure. If no office is present, one structure shall be selected to serve as the principal structure for sign area determination and for the location of attached signs. §9.12.03 Multi-Tenant or Shopping Center Locations 1. For the purposes of this section, a multi-tenant or shopping center location shall consist of at least two individual businesses and over 10,000 sf of gross building area. Sign structures must be constructed of the same or similar architectural elements and in similar materials and colors as the building(s). 2. Shopping centers consisting of between 10,000 and 50,000 sf of gross building area may be permitted one freestanding sign with a total sign area not exceed 150 sf, or a reduced maximum height area of 200 sf (heights determined by Table 9-1). An additional sign, if permitted by §9.08.03, must conform to area maximums and spacing as determined by that section. 3. Shopping centers consisting of between 50,001 and 100,000 sf of gross building area may be permitted one freestanding sign with a total sign area not exceed 200 sf, or a reduced maximum height area of 250 sf (heights determined by Table 9-1). An additional sign, if permitted by §9.08.03, must conform to area maximums and spacing as determined by that section. 4. Shopping centers consisting of over 100,000 sf of gross building area may be permitted one freestanding sign with a total sign area not exceed 250 sf, or a reduced maximum height area of 300 sf (heights determined by Table 9-1). An additional sign, if permitted by §9.08.03, must conform to area maximums and spacing as determined by that section. DR A F T Article 9 Signs 9-13 This page intentionally left blank. DR A F T DR A F T Article 10 Landscaping 10-1 ARTICLE 10 BUFFERS, SCREENING AND LANDSCAPING This Article establishes standards for buffers required between incompatible land uses; screening of certain activities from public views, and landscaping associated with vehicular areas in multifamily and nonresidential developments. For the purposes of this Article, “fences” and “walls” have the same meaning. §10.01 Definitions Certain terms used in this section are defined as follows: 1. APPROVING AUTHORITY. For plans requiring only administrative approval, the Director; for plans involving a Special Exception, the Board of Adjustment. 2. BERM. A planted or landscaped elevated ground area, generally designed to restrict view and to deflect or absorb noise. 3. CALIPER. Trunk diameter of a tree used in landscaping, measured six inches above grade for trees up to four-inch caliper and 12 inches above grade for larger trees. 4. CROWN. The branches and leaves of a tree or shrub, with the associated upper trunk. 5. FOUNDATION LANDSCAPING. Treatment of grade, ground cover, vegetation and ornamentation between the principal structure and the vehicular area. See Figure 10-1. 6. FRONTAGE LANDSCAPING. Treatment of grade, ground cover, vegetation and ornamentation between any off-street parking area and adjoining rights-of-way. See Figure 10-1. 7. GROUND COVER. Plants, mulch, gravel and other landscape elements used to prevent soil erosion, compaction, etc. 8. HERITAGE TREE. Any deciduous tree with a 24-inch or greater caliper. 9. INTERIOR LANDSCAPING. Treatment of grade, ground cover, vegetation and ornamentation within an off-street parking area. See Figure 10-1. 10. LANDSCAPE ELEMENT. Plant material (living or non-living) or an ornamental material (river rock, brick, tile, statuary, etc.) differentiated from surrounding off-street parking area surface materials. 11. LANDSCAPING ISLAND. An interior landscaping feature surrounded on all sides by driving and/or parking surfaces. 12. MULCH. A material (pine straw, bark chips, wood chips, etc.) placed on the ground to anchor soil, protect roots, limit weed growth and otherwise promote tree and shrub growth by simulating the role of natural forest leaf-litter. 13. MULCH BED. An area, generally bordered by a retaining device, with a covering of mulch over the soil. 14. PARKING DECK. A structure used for parking of vehicles and having two or more parking levels. 15. PENINSULA. An interior landscaping feature surrounded on up to three sides by parking or other vehicular areas. 16. PERIMETER LANDSCAPING. Treatment of grade, ground cover, vegetation and ornamentation between an off-street parking area and adjoining properties. See Figure 10-1. 17. SHRUB. A woody plant, generally multi-stemmed, of smaller stature than a tree. 18. TREE. A woody plant, generally with no more than one or two principal trunks. DR A F T September 15, 2022 10-2 City of Prattville Zoning Ordinance 19. TRUNK. A principal upright supporting structure of a tree or shrub. 20. VEHICULAR AREA. Any area used for the circulation or parking of automobiles, including but not limited to, parking lots, driveways, fuel island aprons and drive-through facilities. Does not include vehicle sales display areas or fully screened storage areas for vehicles. §10.02 Buffers The use of properly planted and maintained buffer areas reduces potential incompatibility between different uses of land in proximity to each other. §10.02.01 Applicability. Buffers must be provided as specified in Table 10-1 and as described in this Section for new developments. Buffers are the responsibility of the developing land use. Buffer requirements are based on the developing land use and the existing, adjoining use. Required yards, when corresponding with the buffer area, may overlap and may be counted toward buffer width requirements. For small building additions or new accessory structures, landscaping to adequately buffer the addition or accessory structure must be provided; for building additions exceeding 25% of the original footprint, the entire site must be brought into conformity with this section. A Landscaping Plan must be provided in accordance with §10.09 Procedure. §10.02.02 Modifications. Buffer requirements may be modified by the approving authority as follows: 1. When the proposed use will abut an existing, nonconforming use on a property that is designated for another use in the Comprehensive Plan and is zoned accordingly, the buffer may be modified to be consistent with the planned use of the neighboring property. 2. If the land use relationship between two abutting lots changes so that a lesser buffer would be required, the previously provided buffer may be reduced. 3. Whenever the proposed use abuts vacant land, buffer requirements are based on the zoning of the abutting property or the use projected by the Comprehensive Plan, whichever requires a lesser buffer. 4. Buffers may not be used for parking, recreational use or any other purpose, except as follows: a. The approving authority may permit a walkway through a buffer. b. Public utilities and storm drainage facilities may be constructed in a buffer, as long as the buffer otherwise complies with this Section. §10.02.03 Design Standards 1. Prior to occupancy of the premises, shrubs and other buffer plantings must be of a size and spacing to provide a visual barrier from the ground to at least four feet above grade throughout the length of the buffer. Plantings must be spaced as closely as possible while accommodating healthy growth. 2. Within one year after installation, the buffer must provide an opaque visual barrier from the ground to at least six feet above grade throughout its length. When a fence is provided that is at least six feet tall and meets the requirements of §10.05, buffer plantings need not be taller than four feet above grade and the buffer width may be reduced as provided in Table 10-1. 3. Shrubs and trees used to meet buffer requirements must be evergreen but may be supplemented with deciduous plants. DR A F T Article 10 Landscaping 10-3 TABLE 10-1 BUFFER REQUIREMENTS BY USE Developing Land Use Existing Abutting Use Single-family Multi-family Lodging Institutional Business Parks & green-ways detached attached low/medium/high Residential and Lodging Buffer Class Required Detached, single-family and duplex n/a n/a n/a n/a n/a n/a n/a Townhouse, Triplex and Quadplex A n/a n/a n/a n/a n/a n/a Multifamily B A n/a n/a n/a n/a n/a Lodging B B A n/a n/a n/a n/a Manufactured home parks, campgrounds B B B B A B A Institutional Low intensity A A n/a n/a n/a n/a n/a n/a n/a Medium intensity A A A n/a n/a n/a n/a n/a n/a High intensity B B B A A n/a n/a n/a A Business/Commercial Offices up to 50,000 sf A A A n/a A n/a n/a n/a n/a Offices greater than 50,000 sf B B A n/a A n/a n/a n/a n/a Amusement; outdoor entertainment B B B A A A n/a n/a A Mixed-use building containing dwellings B B A n/a n/a n/a n/a n/a n/a Retail and restaurants up to 50,000 sf B B A n/a n/a n/a n/a n/a n/a Retail and restaurants greater than 50,000 sf B B B n/a n/a n/a n/a n/a A Heavy commercial, including repair, contractor and automotive uses B B B A B A n/a n/a A Industry Warehousing, storage, and public utility facilities C C C C C B B A B Other industrial uses C C C C C C C B B Planting Requirements by Buffer Class Buffer Class Width Required trees 1 With fence/wall Without fence/wall A 10 ft 15 ft 1 tree per 20 ft B 15 ft 20 ft 1 tree per 15 ft C 22 ft 30 ft 1 tree per 12 ft 1 Trees may need to be staggered, depending on species and spacing, to support healthy growth. DR A F T September 15, 2022 10-4 City of Prattville Zoning Ordinance §10.03 Screening Screening provides visual separation of certain site elements from public areas and adjoining properties. §10.03.01 Applicability. For all multifamily, nonresidential and mixed-use developments, the following must be screened from public view and view from adjoining properties, excluding properties in an M-1 or M-2 District: 1. Waste collection, recycling and refuse handling areas 2. Maintenance areas or utility structures associated with a building or development 3. Outside runs for veterinary clinics, animal shelters, and kennels 4. Mechanical units 5. Outdoor storage of materials, stock, equipment, and vehicles (such as those stored for repair), not including retail display 6. Any other uses for which screening may be required by the reviewing authority The Director may modify screening requirements between similar site elements on adjoining properties provided the site elements are adequately screened from public view. §10.03.02 Design Requirements. Screening must comply with the following and as required by the approving authority: 1. Location of the site element should be the first consideration in providing required screening. The approving authority may reduce requirements when the location of the element obscures it from public view and from neighboring properties. 2. Screening may not impede any drainage way or block access to any above-ground, pad-mounted transformer. The utility company may require a minimum clear distance. 3. The method of screening, including height and materials, must sufficiently screen the site element from view. Screening may be provided through evergreen plantings, an enclosure meeting the requirements of §10.05 or a combination of these. The minimum height needed is preferred. 4. Multiple elements may be screened together. 5. Elements that produce objectionable noise or odors may be required to be so located as to minimize any nuisance to the public and abutting properties. 6. Shrubs, if used as the primary screening material, must be evergreen and spaced so that, at maturity, they create a solid, opaque screen. If used in combination with a fence, shrubs may be deciduous and may be spaced no more than eight feet on center. §10.03.03 Requirements for Specific Uses 1. Refuse and recycling containers may not be located forward of the front building line or in required buffers. These containers must be placed on a concrete pad and screened on three sides with an opaque access gate that is normally kept closed. The fence must be at least two feet taller than the container. The enclosure must be of wood or masonry construction or a combination of these. Waste containers of 20 gallons or less do not require screening unless more than two such containers are kept together. 2. Outdoor storage must be screened to a height of two feet taller than the material or equipment to be screened. 3. Service areas, work yards, and similar uses should be located to minimize their visibility to the public and to any abutting properties to which such functions would be objectionable. Where location on site is insufficient to screen the element, required screening must be at least six feet in height. DR A F T Article 10 Landscaping 10-5 §10.04 Vehicular Area Landscaping §10.04.01 Purpose. These regulations are intended to: 1. Establish criteria for landscaping of off-street parking areas to protect and preserve the appearance, character and value of surrounding properties, and thereby promote the general health, safety and welfare and overall quality of life for Prattville citizens; 2. Require planting and preservation of trees and other landscape elements to improve the appearance of commercial, industrial and multi-family residential parking areas and promote the city as an attractive trade and service center; 3. Preserve property values through careful public investment in the appearance of rights-of-way and other public properties; 4. Insulate public rights-of-way and adjoining residential properties from noise, glare, overall visual impact and other distractions originating from off-street parking areas; 5. Partition large off-street parking areas with planting islands and peninsulas; 6. Provide safer vehicle and pedestrian circulation within off-street parking areas and along public rights- of-way; 7. Protect streams and watercourses from excessive storm water runoff and soil erosion, and to replenish underground water aquifers by using natural drainage and infiltration systems. Further, it is the policy of the City that large shade trees should be planted wherever feasible in or near all off-street parking areas. §10.04.02 Applicability 1. These regulations apply to vehicular areas on a nonresidential, multifamily or mixed-use development used for off-street parking and loading; vehicular storage, display, maneuvering and washing; and the dispensing of motor fuels as specified in Table 10-2. 2. Single-family dwellings are exempt from these regulations; however, these regulations apply to parking areas for swimming pools, parks, clubhouses and other common areas in single family residential development maintained by a private homeowners’ association or any public entity. 3. Existing vehicular areas: If the size of an existing vehicular area is increased by more than 20% or by ten or more spaces, the new vehicular area must comply with this Section. If the existing vehicular area is increased by more than 40% or by 25 or more spaces, the entire off-street parking area must be brought into conformity with the requirements of these regulations. These regulations may not be used to reduce the amount of parking required. 4. Where an existing use must be brought into compliance with these regulations but the lot size does not permit the amount of required parking and landscaping, the Director may approve a landscaping plan that as closely as possible meets these regulations. The Director may reduce the required landscaping components in the following order: interior, foundation, perimeter and frontage. Reductions below 50% of required landscaping require a variance from the Board. 5. Parking decks. Only perimeter and frontage landscaping are required for parking decks. 6. Alternative landscaping standards: It is recognized that some sites and developments may not or should not be landscaped to the exact provisions of these regulations due to unique topographic features or to preserve unique natural features. In such instances, the Director may approve a landscaping plan which differs from the exact provisions of these regulations if the plan provides the same minimum landscaped area and provides the majority of the landscaping in the front and side yards of the site. Alternative plans may not be used to grant variances from the required amount of landscaping or the total area to be landscaped. DR A F T September 15, 2022 10-6 City of Prattville Zoning Ordinance TABLE 10-2 GENERAL REQUIREMENTS Type of Landscaping Number of Spaces in Parking Lot Foundation Frontage Perimeter Interior Parking area of 20 or fewer spaces X X Required where adjoining a residential use Parking area of 21—39 spaces X X X Parking area of 40 or more spaces X X X X Any other vehicular use area X X §10.04.03 Frontage landscaping must be provided as specified in Table 10-2 and as follows: 1. A landscaped strip with a minimum ten-foot depth must be provided along all adjoining public rights-of-way, which must include a minimum of one tree and six shrubs per full 40 linear feet of each frontage 2. When a fence or wall meeting the standards in §10.05 is provided as part of frontage landscaping, the landscaping strip may be reduced to six feet in depth. 3. Plantings must be well distributed though not necessarily evenly spaced. §10.04.04 Foundation planting must be provided as specified in Table 10-2 and as follows: 1. A landscaped bed with a minimum depth of five feet must be provided along the front of the principal structure, when any parking or vehicular area is located forward of the front building line. The bed may be separated from the building by a sidewalk or similar hardscape area as approved by the Director. The bed must contain shrubs or other plantings with a minimum height of 23 inches and a maximum spacing of four feet. 2. Plantings must be within a bed of mulch or ground cover other than turf grass and protected by some barrier from damage by vehicles and maintenance equipment. 3. Plantings must be well distributed though not necessarily evenly spaced. §10.04.05 Perimeter landscaping must be provided as specified in Table 10-2 and as follows: 1. A landscaped strip of a minimum ten-foot depth must be provided between the off-street parking area and adjoining properties. When a fence or wall meeting the standards in §10.05 is provided as part of frontage perimeter landscaping, the landscaping strip may be reduced to six feet in depth. If a wall or fence is provided on the adjoining lot, the approving authority may permit a perimeter landscaping strip of lesser depth without the need for a wall or fence to be provided on the site. Landscaping within rights-of-way or on adjoining property do not count toward required perimeter landscaping. 2. Perimeter landscaping strips must be planted with evergreen shrubs at an average spacing of four feet and one tree per 50 ft. Where this overlaps or conflicts with other landscaping requirements, the greater requirement governs. Driveway connections between adjacent businesses and other compatible uses are encouraged and are subtracted from perimeter landscaping requirements. 3. Where the vehicular area is located more than 20 ft from a side or rear lot line, shrub spacing may be increased to six feet. §10.04.06 Interior landscaping must be provided as specified in Table 10-2 and as follows: 1. Each vehicular area must have interior landscaping covering at least five percent of the total vehicular area. 2. To be counted toward these requirements, landscaped islands and peninsulas must be at least 100 feet in area and must be at least six feet in their least dimension, measured from back of curb to back of curb where applicable. DR A F T Article 10 Landscaping 10-7 3. Islands and peninsulas must be as uniformly distributed as practicable. When practicable, islands and/or peninsulas must be placed at the ends of rows of parking spaces or between the circulation drives and parking rows, to channel traffic safely around the parking areas and to demarcate parking rows. 4. Interior landscaping must contain at least an average of one tree and four shrubs per 100 square feet of landscaped area. Each island and peninsula must contain at least one tree. §10.04.07 Tree Replacement. Any heritage tree to be removed must be replaced with a Type 1, 2 or 3 tree (see Table 10-4) and according to the schedule in Table 10-3. Trees to be replaced may not be removed before approval of the proposed landscaping plan. TABLE 10-3 TREE REPLACEMENT Diameter of Trees to be Removed Minimum Number of Replacement Trees Height Caliper 48" or greater 6 6' 1" 37"—47" 5 6' 1" 24"—36" 4 6' 1" §10.05 Design Standards for Required Fences Fences used to meet the landscaping requirements of this Article are subject to the following: §10.05.01 Fences must be vinyl, masonry, durable wood, cementitious wood or a combination thereof. Untreated wood, chain-link, plastic or wire fencing cannot be used to meet landscaping requirements. §10.05.02 For frontage and perimeter landscaping, no more than 25% of the fence surface may be left open. Fences used as part of frontage landscaping must be at least three feet tall. Fences used as part of perimeter landscaping must be at least four feet tall. §10.05.03 The finished side of the fence must face abutting property or public views. §10.05.04 Shrubs and trees required for buffers, screening or landscaping must be planted on the exterior side of the fence. §10.05.05 If a fence extends more than 100 ft in one direction, it must have columns of wood or masonry, which project outward from the fence surface and spaced no greater than 50 ft on center. §10.05.06 Retaining walls may not be counted toward required fencing. §10.06 Plant materials and installation requirements §10.06.01 Plant Materials 1. Synthetic or artificial material in imitation of trees, shrubs, turf, ground covers, vines or other plants may not be used in lieu of plant requirements in this article. 2. Trees and shrubs planted to meet these regulations must comply with the following standards: a. Trees and shrubs must conform to the minimum size standards in Table 10-4, based on the American Standard for Nursery Stock, published by the American Association of Nurserymen and approved by the American National Standards Institute. b. Trees used for vehicular area landscaping may not be a species listed as unacceptable for parking lot landscaping in Table 10-5. Required trees must be spaced no closer than ten feet. c. Shrubs must be planted within a bed of mulch or ground cover other than turf grass. TABLE 10-4 MINIMUM SIZE STANDARDS FOR PLANTING STOCK DR A F T September 15, 2022 10-8 City of Prattville Zoning Ordinance Minimum Size Requirements Shade and Flowering Trees Type 1, shade trees (e.g., Red Maple, Tulip Poplar, Oaks) 1.5' to 2.5' caliper 12' height range with 16' max. height Type 2 shade trees (e.g., Golden rain tree, Southern Magnolia) 1.5" caliper 6'8" to 8' height range with 9'4" max. height Type 3, small upright trees (e.g., Crabapple) 1" caliper 6' to 7' height range Type 4, small spreading trees, (e.g., Flowering Dogwood, Star Magnolia) 5' to 6' height range Coniferous Evergreens Type 5, Pyramidal (e.g., Deodar Cedar, Pine species) 5' to 6' height range Shrubs Perimeter landscaping 23" min. height Interior landscaping 15" min. height or 15" min. spread TABLE 10-5 SPECIES UNACCEPTABLE FOR PARKING LOT LANDSCAPING Large Trees Medium Trees Small Trees Box elder Silver maple Tree-of-Heaven Catalpa Cottonwood True poplars Native elms (American, winged, cedar, slippery and September) Colorado Blue Spruce Red Spruce Live Oak Laurel Camphor Cutleaf European birch Silktree (mimosa) Chinaberry Yellowwood Mulberry Eastern redbud Princess tree (Paulownia) Slash Pine Eastern White Pine Oak Willows Sassafras Siberian Elm Sumac 3. Ground Cover. Grass or other permanent ground cover must be installed and maintained on all parts of each landscaped area, except as otherwise specified. a. Effective measures must be taken to control erosion and storm water runoff through the use of mulches, ground cover plants, erosion-control netting, etc. b. Ground cover may include shrubs and low-growing plants such as Liriope, English Ivy (Hedera helix), Periwinkle (Vinca minor) and similar materials. c. Ground cover may also include non-living organic materials such as bark or pine straw and inorganic materials such as pebbles, crushed rock, brick, tile and decorative blocks; however, inorganic materials may not make up more than ten percent of the landscaped area. DR A F T Article 10 Landscaping 10-9 §10.06.02 Installation 1. Required landscaping must be installed prior to release of a certificate of occupancy or other applicable final approval. 2. Vehicular area landscaping must be secured from vehicle encroachment and from ground cover erosion as approved by the Director. The design must enable stormwater runoff from vehicular areas to drain into and be absorbed by landscaped areas. 3. Trees should be located to minimize bumper, exhaust and engine heat damage to trees. 4. Except where built-in irrigation systems are provided, the maximum recommended distance from any part of a required landscaped area to the nearest water supply fixture is 200 feet. 5. Berms with ground cover that requires mowing must have a slope no greater than one foot of rise per three feet of run. 6. The use of permanent broad-area mulch beds is encouraged to increase absorption of surface water, retard erosion, runoff and stream siltation, protect tree roots and sterns, and foster tree health. 7. Landscaping must be designed to be compatible with existing and planned overhead and underground electrical, communications, and television cables and conduits, public water supply lines, storm sewer lines, sanitary sewer lines and any other utility installations. §10.07 Modifications Planting requirements may be modified in the following circumstances, as determined by the approving authority: §10.07.01 Where impending development of adjoining property would make these standards unreasonable or impractical. §10.07.02 Where the view from adjoining properties is blocked by a change in grade or other natural or man-made features. §10.07.03 Where planting will not thrive due to poor soil conditions, intense shade or similar conditions that cannot be reasonably overcome. §10.07.04 Each existing tree may count, at the option of the owner, for two required trees if other landscaping requirements are met, and provided it: 1. Has a minimum caliper of three inches 2. Is at least four feet from the nearest planned curb and is within a planned planting of at least 100 square feet 3. Has a live crown at least 30% of the total tree height and is free from serious root, trunk and crown injury 4. Is indicated on the landscaping plan as a tree "to be saved" 5. If situated so that it can be incorporated into a planned perimeter landscaping area, island or peninsula with minimal grade cut or fill; and is protected during all pre-landscaping phases of construction by a durable physical barrier excluding all vehicles, equipment, materials and activities from the area that is to become a part of this landscaped area. Barriers must be installed prior to any site grading 6. Is not one of the species listed in Table 10-4. §10.08 Required maintenance The owner and lessee are each responsible for providing, maintaining and protecting all landscaping in a healthy and growing condition, and for keeping it free from refuse and debris. All unhealthy and dead materials must be replaced during the next appropriate planting period. All fencing used to meet landscaping DR A F T September 15, 2022 10-10 City of Prattville Zoning Ordinance standards must be maintained in good condition and replaced or repaired as needed. At no time may required landscaping be reduced to less than that required by this article or the originally approved landscape plan. §10.09 Procedure §10.09.01 Landscape plan. The developer must submit a landscape plan in sufficient detail to indicate the number of parking spaces, the overall size of vehicular areas (in square feet), and all required landscaping areas. The landscape plan must be submitted to and approved by the Director before issuance of a building permit. Landscape plans must be signed by a landscape professional or State-registered landscape architect or architect and submitted on forms designated by Director. Landscape plans must be submitted in conjunction with any other required site plans. The landscaping plan must include the following: 1. General information: Date, north arrow and scale of one inch to no more than 50 feet; all property lines, locations of all existing and proposed public and private easements and rights-of-way; existing and finished topography, drawn at a maximum contour interval of five feet and indicating drainage channels; the names, addresses and telephone numbers of the property owner and developer, the name, firm, and contact information for the person preparing the landscaping plan. 2. Construction information: locations of all buildings and off-street parking areas; existing and proposed utility facilities, including light poles, power and service poles, above ground pedestals (low-voltage) and pad-mounted (high-voltage) fixtures, underground electrical, communications and television cables and conduits; hose bibs, sprinkler systems, meters, control boxes, etc.; and the amount, in square feet, of off-street parking area and intended surface treatments and the total amount, in square feet, of interior landscaping. Locations, dimensions and treatments of all required landscaping areas. 3. Existing landscaping: Detail showing the locations and species (common name) and intended treatment (move, remove or save) of existing trees. 4. Proposed landscaping: A schedule of all new and existing plants proposed for landscaping in tabular and graphical form, including size (caliper and height, container size, etc.) condition (bare-root, balled- and-burlapped, container-grown or pre-existing), common names and botanical names, (genus, species and variety) of tree shrubs and ground cover, and the type and amount of turf grasses. §10.09.02 Notice of installation. The Director must be notified two days prior to expected completion of installation to schedule an inspection. The Director will require correction of all conditions contrary to the requirements of these regulations and the approved landscape plan and replacement of all plant materials that are dead, diseased, damaged or installed so as to kill or injure the plants. §10.09.03 Certificate of occupancy. No certificate of occupancy or other final approval may be issued for any new development that has not met the requirements of these regulations or an approved landscape plan. Additions or renovations to existing parking areas must also receive final approval prior to usage. §10.09.04 Enforcement. Each development is inspected by the City to ensure required landscaping is in accordance with this article and the approved landscape plan. Failure of the developer or owner to comply with the approved landscaping plan and/or failure to provide necessary maintenance is a violation of this Ordinance and is subject to the penalties in §11.03 Penalties and Remedies. DR A F T Article 11 Enforcement and Administration 11-1 ARTICLE 11 ENFORCEMENT AND ADMINISTRATION §11.01 Enforcement §11.01.01 Enforcing officer. The provisions of this Ordinance are administered and enforced by the Director, or designee(s), who has the right to enter upon any premises at any reasonable time prior to the issuance of a certificate of occupancy to make inspections of buildings or premises as necessary to enforce this Ordinance. §11.01.02 Permit required. It is unlawful to commence grading or excavation, the construction or placement of any structure, to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair (except, repairs not changing the character of the structure and not requiring a building permit,) of any structure, until the Director has issued for such work an applicable permit. Application for permits is made to the Director on forms provided for that purpose. §11.01.03 Approval of plans and issuance of permit. 1. The Director may not approve any plans or issue a permit until he has inspected such plans in detail and found them in conformity with this Ordinance. To this end, every permit application must be accompanied by a plan drawn to scale and showing the following in sufficient detail to enable the Director to ascertain whether the proposal conforms to this Ordinance: a. The actual shape, proportion and dimensions of the lot to be built upon. b. The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot. c. The existing and intended use of all such buildings or other structures. d. The setback and side lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this Ordinance are being observed. 2. If the proposed grading, excavation, construction, moving, or alteration, as set forth in the application, conforms to this Ordinance, the Director issues a permit accordingly. If a permit is not approved, the Director must state in writing the cause for disapproval. Issuance of a permit, in no case, may be construed as waiving any provision of this Ordinance. §11.01.04 Certificate of occupancy required. 1. No land or structure or part thereof hereafter erected, moved or altered in its use may be used until the Director has issued a certificate of occupancy or other final approval stating that such land or structure or part thereof conforms to this Ordinance. 2. Within seven days after the owner or his agent has notified the Director that a building or premises or part thereof is ready for occupancy or use, the Director must make a final inspection thereof, and issue a certificate of occupancy or other final approval if the building or premises or part thereof is found to conform to this Ordinance or, if the certificate is refused, to state the refusal in writing with the cause. §11.02 Site Plan Review It is the intent of this section to provide for the review of site plans to assure public safety and welfare with respect to traffic, drainage, flooding, fire hazards, compliance with this Ordinance and other applicable regulations and compatibility with existing development in the City. §11.02.01 Applicability. These provisions apply to all nonresidential, multifamily residential and manufactured home park developments. This procedure does not apply to single-family residential or manufactured home subdivisions, or building renovations or buildouts that do not involve changing the footprint of an existing building. If, in the discretion of the Director, a development involves a minor addition or change, a reduced scope site plan may be submitted with the commercial building permit application for review.. DR A F T September 15, 2022 11-2 City of Prattville Zoning Ordinance No permit may be granted for a structure or use until a site plan has been submitted and approved by the Director. §11.02.02 Predesign/Preapplication Meeting. Prior to submitting a plan for review, a predesign or preapplication meeting must be held between the applicant’s design professional (i.e. engineer, surveyor, architect) and City staff, unless waived by the Director. §11.02.03 Contents of site plan. Site plans must contain: 1. North arrow, date, legend, name of project, owner & application name, designer name and contact information 2. Description of project 3. Standard scale of not less than one inch = 100 feet, shown both graphically and as a written ratio 4. Vicinity map 5. Topography at not greater than two-foot contour intervals, or as otherwise required by the Director or City Engineer 6. Required yard setbacks 7. The proposed location of all buildings and existing buildings with dimensions shown 8. The use of all buildings and premises 9. Required open spaces, if applicable, and Management Plan, if required in accordance with §3.07.02 10. The areas, number of lots, and dimensions of all parking 11. The location of all streets, driveways, walks, ingresses and egresses, and curb cuts 12. All service and loading spaces 13. The location and areas of illumination of all exterior lighting 14. The location, size, number, and character of all exterior signs (though signs are permitted separately) 15. The location, character, and extent of landscaping, retaining and screen walls, and other treatments 16. The provision for surface drainage of the premises 17. Public and private easements, existing and proposed, and their purpose 18. Finished floor elevation, current FEMA FIRM panel information, and the location of any special flood hazard areas on or within 50 ft of the site; if there is no SFHA on or adjacent to the site, a note must be provided stating such 19. The location of all existing and proposed water and sewer lines and location of proposed taps to public lines, as well as other utilities, both underground and overhead 20. The location of fire hydrants and other fire department connections, existing and proposed 21. The findings of a registered engineer relative to the probable noise generated by the proposed use. This item is not required unless, in the opinion of the Director, the proposed use is likely to generate excessive noise or if the property upon which the use is to be carried out is adjacent to residential uses or zones. 22. Landscape plan and parking plan, if required 23. Adjoining zoning and land uses §11.02.04 Site plan review consideration. In reviewing the site plans, reviewers consider: 1. Traffic safety: a. Proper sight distances DR A F T Article 11 Enforcement and Administration 11-3 b. Need for turn lanes or acceleration or deceleration lanes c. Probable traffic generated and adequacy of public roads to support it. In making determination relative to the above items, reviewers use the most recent edition of the "State of Alabama Highway Department Standard Specifications for Highway Construction." 2. Public facilities: a. Adequacy of public water facilities b. Adequacy of public sewer facilities c. Adequacy of fire protection d. Proper design for police protection and public safety needs In making determination relative to the above items, reviewers are guided by the adopted Code of the City, the Comprehensive Plan and policies of appropriate city departments. 3. Compatibility with existing development: a. Proper drainage b. Need for buffers, screening or other landscaping c. Non-obtrusiveness of illumination d. The Director or City Engineer may require addition of sidewalks, connectivity, or cross access agreements to adjoining properties. In making determination relative to the above items, reviewers are guided by the adopted Code of the City, the Comprehensive Plan and policies of appropriate city departments. §11.02.05 Site plan approval. The site plan is approved upon signature on the site plan or appropriate certification sheet of the Director or designee and other signatures deemed advisable by the Director. Reasons for disapproval must be submitted in writing to the Director, who will inform the applicant of such. Site plan approval shall remain valid for a period of 18 months and will end if a permit is not issued or site improvements begun within that timeframe. §11.02.06 Time limit for review. Site plans are deemed approved unless disapproved in writing within 45 calendar days of submission. However, if within this time frame, the Director has provided comments in writing to the applicant that require changes, additional information or other response from the applicant, the review period is extended for ten working 21 calendar days from the time that all such changes, additional information or other response is received by the Director. If no re-submission is received from the applicant within 90 calendar days of the provided comments, then the site plan will be deemed disapproved. The Director may extend this time an additional 60 days if applicant requests such in writing before the end of the initial 90 day period. §11.02.07 Appeal. Appeals of site plan decision or orders may be made to the Board in accordance with appeal procedures stated in §11-52-80 of the Code of Alabama 1975, as amended, and §12.02 Administrative Appeals. §11.03 Penalties and Remedies §11.03.01 Any person violating any provision of this Ordinance will be fined upon conviction not less than $25.00 nor more than $500.00 and costs of court for each offense. Each day such violation continues constitutes a separate offense. In the event the violation is the commencement of any development activity without having obtained a required permit, the cost of the required permit may be doubled and an administrative fee charged. The Director or designee charged with the enforcement of this ordinance shall have the authority to assess the following schedule of fines upon violation: First Violation: A fine of up to $100.00 may be assessed after a first violation of this ordinance. DR A F T September 15, 2022 11-4 City of Prattville Zoning Ordinance Second Violation: A fine of up to $200.00 may be assessed after a second violation of this ordinance. Third or Subsequent Violation: For a third or subsequent violation of this ordinance, occurring following thirty days after the finding of a second violation, a fine of $500.00 may be assessed and the matter may be adjudicated through the municipal court, wherein additional fines and/or penalties may be imposed upon conviction. If after a ninety-day period, all violations of this ordinance have been rectified and no additional violations have occurred during the ninety-day period, then any further violations of this ordinance will be assessed as a first violation. Each day that a violation continues shall constitute a separate and distinct violation or offense. In the event the violation is the commencement of any development activity without having obtained a required permit, the cost of the required permit may be doubled and an administrative fee charged. §11.03.01§11.03.02 In case any structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any structure or land is used in violation of this Ordinance, the Director or any other appropriate authority or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violation or to prevent occupancy of such structure or land. §11.04 Amendment §11.04.01 Procedure. 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, following a recommendation by the Commission. The Commission upon its own initiative may hold public hearings for the consideration of any proposed amendment to the provisions of this Ordinance or the zoning map and report its recommendation to the Council. The provisions of §11-52-77, Code of Alabama 1975, as amended, apply to all changes and amendments. §11.04.02 Application fee. Any person making application to the City for a change in any zoning district must furnish an accurate legal description and a plat plan, if required, and must pay applicable fees. §11.04.03 Reapplication. If a parcel of property or portion of a parcel of property has been considered by the Council for rezoning, neither the Council nor the Commission may consider another application to change the zoning classification of the same parcel of property or a portion of that same parcel of property for a period of 365 calendar days from the day the Council takes action on the rezoning. During the 365-day period, the owner may request a public hearing before the Commission to present facts demonstrating that conditions, as they existed at the time of the previous request, have changed sufficiently to warrant consideration of a rezoning request prior to the expiration of the 365-day period. The Commission may grant a waiver by approval of a resolution, which must be approved by six affirmative votes and contain a statement detailing what conditions have changed since the previous rezoning request.DR A F T Article 12 Board of Zoning Adjustment 12-1 ARTICLE 12 BOARD OF ZONING ADJUSTMENT §12.01 General Provisions §12.01.01 Appointment, duties and responsibilities. A Board of Zoning Adjustment (Board) is hereby established. The appointment, procedure, powers and action of the Board are governed and controlled by Code of Alabama 1975, §11-52-80 and §11-52-81, as the same may be amended. §12.01.02 Board procedures. The Board adopts rules and procedures in accordance with state law and the provisions of this article. §12.01.03 Powers and duties. The Board of Adjustment has the following powers as defined by Code of Alabama 1975, § 11-52-80, as amended, and other powers designated by the City Council to the extent consistent with state law. 1. Administrative appeals. See §12.02 Administrative Appeals. 2. Special Exceptions. See §12.03 Special Exceptions. 3. Variances. See §12.04 Variances. §12.02 Administrative Appeals §12.02.01 The Board hears and decides appeals where it is alleged that an error exists in any order, requirements, decision or determination made by the Director in the interpretation or enforcement of this Ordinance. §12.02.02 Appeals to the Board may be taken by any person or by any officer, department, board, or bureau of the City aggrieved or affected by any zoning-related decision of the Director. §12.02.03 All appeals must be filed on forms made available by the Director. Any such appeal must be filed with the Board and the Director within 30 days of the date of the decision being appealed. The Director must present to the Board all of the papers constituting the record upon which the action appealed was taken. The Board will hold a hearing on the appeal. §12.02.04 An appeal stays all proceedings in furtherance of the action appealed therefrom, unless the Director certifies to the Board, after the notice of appeal has been filed, that by reason of facts cited in such certification a stay would, in the Director’s opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed except by a restraining order granted by the Board or by a court of record. §12.02.05 In exercising the power of administrative review, the Board must apply, not vary, the terms of this Ordinance. §12.02.06 The Board may affirm, reverse wholly or in part, or modify the Director’s decision, order or determination as in its opinion should be done, and to that end, has all the powers of the Director. §12.03 Special Exceptions §12.03.01 The Board hears and decides requests for approval of Special Exceptions as set out in this Ordinance. §12.03.02 Special Exceptions require application to the Board on forms provided by the Director. §12.03.03 Notice of the scheduled hearing is given to the applicant and other interested parties in accordance with board rules. §12.03.04 The Board reviews the request for compliance with this Ordinance and all other applicable codes and ordinances of the City. Before granting any Special Exception, the Board must make written findings determining that the proposed Special Exception will not: 1. Be contrary to the public interest and will ensure that the spirit of this Ordinance is observed; 2. Permit the establishment of a use prohibited in the zoning district; and DR A F T September 15, 2022 12-2 City of Prattville Zoning Ordinance 3. Cause a substantial adverse impact on property or improvements in the vicinity or in the applicable district. §12.03.05 The Board may impose such conditions for approval that it deems necessary in the particular case to protect the public interest and the intent of the Comprehensive Plan and this Ordinance. Such conditions apply to the land, structure, and use for which the Special Exception is granted and not to a particular person. Violations of conditions lawfully attached to any Special Exception constitute violations of this Ordinance. §12.03.06 Board approval of a Special Exception pertains solely to that specific use at the location specified in the application. Such approval is not transferable to another use at that location or the same use at another location. §12.03.07 Special Exception approval lapses and will be of no effect if, after one year from the date of Board approval, no construction or change in use pursuant to the approval has taken place. The Board may, for good cause shown, specify a longer period of time in conjunction with its approval. §12.04 Variances §12.04.01 The Board may authorize upon appeal in specific cases such variances 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 will result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice done. §12.04.02 A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship does, in fact, exist. In no case may the Board grant a variance that permits the land or structure to be occupied by a use prohibited in the applicable zoning district. §12.04.03 It is the intent of this Ordinance that a variance be issued only to mitigate a physical condition of a parcel of land which poses a practical barrier to its development and use as otherwise permitted by this Ordinance. Variances are limited to the minimum adjustment necessary to enable the reasonable use of the land. §12.04.04 The Board uses the following guidelines in evaluating variance requests: 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are generally not applicable to other lands structures, or buildings in the same district. 2. A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance. 3. The special conditions, for which relief is sought, did not result from actions of the applicant (self- imposed hardship); 4. Granting of the variance is in harmony with the intent and purposes of the ordinance; 5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole; 6. The variance will not allow the establishment of any use expressly or by implication prohibited in the applicable district; 7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure. §12.05 Abatement of Hazards and Nuisances §12.05.01 The Board may require the conduct of any existing 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 DR A F T Article 12 Board of Zoning Adjustment 12-3 convenience. The Board may direct the Director to issue an abatement order, but such order may be directed only after a public hearing by the Board, notice of which must be sent by registered mail to the owners and/or operators of the subject property in addition to advertisement as required by law. A hearing to consider issuance of an abatement order is held by the Board upon petition signed by any person affected by the hazard or nuisance or upon the initiative of the Board. The Board may issue an abatement order only upon reasonable evidence of hazard or nuisance; and the order must specify the date by which the hazard or nuisance must be abated. §12.05.02 Whenever the nuisance alleged involves the creation of excessive noise by a commercial or industrial user, the Board may require acoustical studies by registered engineers in addition to any other information which they deem necessary. §12.06 Decisions and Rehearing §12.06.01 All decisions rendered by the Board are final and binding upon all parties. §12.06.02 No appeal of an administrative decision may be reheard by the Board. §12.06.03 Once the Board has rendered a decision on a request for a variance or a Special Exception on a parcel or portion thereof, no new application for a variance or Special Exception on the same property or portion thereof may be considered by the Board for a 365-day period. However, during the 365-day period, the owner may request a hearing before the Board to present facts or evidence demonstrating that conditions, as they existed at the time of the previous request, have changed substantially to warrant consideration of a request for a variance or a Special Exception prior to the end of the 365-day period. 1. Any applicant requesting a waiver of the 365-day period must appear before the Board in accordance with the regular application and hearing procedure. 2. If the Board finds, by the affirmative vote of four members, that conditions have substantially changed and a waiver warranted, the applicant may submit a new application. The new application will be heard at a subsequent meeting, subject to all regular procedural requirements. 3. Allowing a new application and hearing does not obligate the Board to grant the requested action. §12.07 Appeals Final judgments or decisions by the Board may be appealed as specified by Code of Ala. 1975, §11-52-81, as amended. Written notice of appeal must be filed with the Board within 15 days following the decision by the Board. DR A F T