2206 June 14 BZA
102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A June 14, 2022 4:00pm The Pledge of Allegiance: Invocation: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. Call to Order: Character Trait of the Month: Tolerance… Having an attitude of openness and respect for the differences that exist among people.
Committee Reports: Old Business: None
New Business:
1. 220614-01 SPECIAL EXCEPTION: Retail Structure-Metal Siding
951 S. Memorial Drive Jimmie D Durbin Family LLC, Petitioner
Public Hearing District 6
2. 220614-02 VARIANCE: Landscaping 951 S. Memorial Drive
Jimmie D Durbin Family LLC, Petitioner
Public Hearing
District 6
3. 220614-03 VARIANCE: Addition-Adding to a legal non-conforming use 1976-1996 Fairview Avenue Covered Bridge SC, LLC, Petitioner
Public Hearing District 3
4. 220614-04 VARIANCE:
Billboard-To extend the use of a legal non-conforming sign 156 Fairview Avenue Lamar Advertising, Petitioner
Public Hearing
District 3
Minutes:
May 10, 2022 Adjourn:
Approved 8/09/2022
Prattville Board of Zoning Adjustment
June 14, 2022 Minutes
Page 1 of 4
City of Prattville Board of Zoning Adjustment Minutes June 14, 2022 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:00 p.m. on Tuesday, June 14, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Mr. Duke gave the invocation.
ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Jerry Crosby, Mr. Greg
Duke, and Ms. Sarah Johnson. Quorum Present
Staff present were Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. MINUTES: Mr. Crosby moved to approve the minutes of the May 10, 2022, regular meeting. Ms. Johnson seconded the motion. The motion to approve passed unanimously. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Tolerance…Having an attitude of openness and respect for the differences that exist among people. Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting.
COMMITTEE REPORTS: There were no reports to be made.
OLD BUSINESS: There was no old business to discuss.
Chairman Knapp changed the order that the agenda items were heard because the first petitioner was not present at the time. NEW BUSINESS: SPECIAL EXCEPTION: Retail Structure-Metal Siding 951 S. Memorial Drive Jimmie D Durbin Family LLC, Petitioner Mr. Rigsby introduced the special use request to allow a metal sided retail and storage building on
property located at 951 S. Memorial Drive. He stated that the zoning codes requires BZA approval for any metal street-facing and side facades.
Jimmie Durbin, the petitioner, presented the request to allow a metal retail and storage building on property located at 951 S. Memorial Drive. He stated that he is a long-time business owner in the city and hopes his improvements will help revitalize Memorial Drive. He stated that he is not proposing any
signage.
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Prattville Board of Zoning Adjustment
June 14, 2022 Minutes
Page 2 of 4
Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. There were two letters of support received from Jerry Ware, 963 S. Memorial Drive and Linda Colson, 1696 Pebble Creek Drive. (Attached and made a part of the minutes). Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 2) the proposed material is an allowable special exception, and is not a prohibited use in a B-1 district. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Mr. Crosby moved to approve the request as proposed based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed
unanimously. VARIANCE: Landscaping 951 S. Memorial Drive Jimmie D Durbin Family LLC, Petitioner Mr. Rigsby introduced the variance request to eliminate the required landscaping buffer between commercial use and residential use on property located at 951 S. Memorial Drive. He stated that in lieu of ordinance required buffers, the applicant is proposing to install landscaping in the northeast and southeast corners of the site that abut residential uses composed of shrubs and trees and the applicant is proposing to install a 6’ privacy fence along the perimeter property lines. Jimmie Durbin, the petitioner, presented the request to allow alternative buffer and vary the landscape
requirements on property located at 951 S. Memorial Drive. He stated that the proposed fence will run along the perimeter of the property lines with gutters around the back which will clean up current water issues. Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed.
Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) that granting of a variance will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 2) granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 3) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Duke moved to approve the request as proposed based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed
unanimously. VARIANCE: Addition-Adding to a legal non-conforming use 1976-1996 Fairview Avenue Covered Bridge SC, LLC, Petitioner Mr. Williams introduced the variance request to enclose an existing bank canopy on property located at 1976-1996 Fairview Avenue. He stated that the property is zoned F.A.R. but the current land use is commercial. It is believed that when this parcel of land was annexed into the City of Prattville it was given F.A.R zoning, which was standard at that time. The shopping center was constructed in 2004. He
Approved 8/09/2022
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June 14, 2022 Minutes
Page 3 of 4
stated that commercial business is not allowed in a F.A.R district, therefore it is considered legal non-conforming. A legal nonconforming structure may not alter, enlarge, or intensify in any way that increases the nonconformity and enclosing the canopy will enlarge the structure by 8 feet on each side. He stated that the petitioner will be going before the Planning Commission to present its case for rezoning. They are requesting the variance because of the long rezoning process by the Planning Commission and City Council.
Lynn Moore of Moore Property Management, petitioner’s representative, presented the variance request for adding to a legal non-conforming use on property located at 1976-1996 Fairview Avenue. She stated that the current owner is extending their lease to remain at the present location. The rezoning process has
started but the rezoning time line is causing a delay in the project.
Chairman Knapp opened the floor for public comments. There were none. The public hearing was
closed. Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr.
Barrett moved to establish the findings of fact stating that 1) 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; 2) the special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed hardship); 3) granting of the variance is in harmony with the intent and purposes of the ordinance; 4) the variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole; and 5) the variance requested is the minimum adjustment necessary to enable the legal use of the land or structure. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Ms. Johnson moved to approve the request as proposed based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed
unanimously. VARIANCE: Billboard-To extend the use of a legal non-conforming sign 156 Fairview Avenue Lamar Advertising, Petitioner Mr. Stephens introduced the variance request to extend the use of a legal non-conforming use for a billboard sign on property located at 156 Fairview Avenue. He stated that Lamar Advertising has held and maintained the subject billboard sign for many years as a traditional, static-copy billboard sign. The variance request is to replace the static display with a digital display. He stated that the sign application was submitted in February 2022 during the city’s moratorium that was placed on signs in January 2022. Once the new Zoning Ordinance was approved and the moratorium was lifted, the sign application was reviewed and the submitted sign changes did not comply with the new Zoning Ordinance requirements.
Franklin Lemond along with Russ Bullard, petitioner’s representatives, presented the variance request for variance to extend a legal non-conforming use on property located at 156 Fairview Avenue. Mr. Lemond stated that the proposed sign will be the same size and height as the existing sign and only the west facing
side of the existing sign will be re-faced.
Chairman Knapp opened the floor for public comments. There were none. The public hearing was
closed. Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Ms.
Johnson moved to establish the findings of fact stating that 1) 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; 2) the special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed hardship); 3) the variance will not adversely affect surrounding property, the
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June 14, 2022 Minutes
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general neighborhood, or the community as a whole; and 4) the variance requested is the minimum adjustment necessary to enable the legal use of the land or structure. Mr. Duke seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request as proposed based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS:
ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 5:23 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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Board of Zoning Adjustment
Staff Report
Special Exception 220614-01
MEETING DATE: June 14, 2022
PETITIONER: Jimmie D Durbin Family LLC
PROPERTY OWNER: Jimmie D Durbin Family LLC
SUBJECT ADDRESS: 951 South Memorial Drive
REQUEST: Construction of commercial building with metal siding on side facades
CURRENT ZONING: B-1 Neighborhood Commercial
LOCATION: East side of South Memorial across from Durbin Auto Parts
SURROUNDING LAND North: Commercial (B-1)
USES AND ZONING: South: Commercial (B-1)
East: Multi-Family (B-1)
West: Commercial (B-1)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: Request for Landscaping Variance (Variance 220614-02)
Conditions of Previous Approval: Pending
DESCRIPTION OF SPECIAL EXCEPTION REQUEST:
1. A Special Exception has been requested for the construction of a commercial building in a Neighborhood
Business District with metal siding on side façades (§5.01.03.4.a.).
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below:
§5.01 General Regulations
§5.01.03 Additional Regulations
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
Page 2 of 2
§12. – Board of Zoning Adjustment
Below is the staff assessment of the three general questions applicable to Special Exception (§12.03.04):
1.Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. Metal
siding is allowed by Special Exception in Non-Residential Districts, per §5.01.03 (4) (a).
2.Is the proposed use an allowable Special Exception, and not a prohibited use in an B-1 district?
The requested use is an allowable Special Exception and is not specifically a prohibited use in a Non-
Residential district.
3.Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this B-1 district. Proposed use of metal siding is located on portions of the sides of the building. Per plans
provided by applicant, the street facing facade and a portion of the north facade (left) will use stone and board and
batten materials.
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed Special Exception will not (§12.03.04):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; or
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
ANALYSIS:
Applicant is proposing to construct a commercial building along S. Memorial on a lot that has been vacant and
dilapidated for many years. Proposed building is a steel framed building with a vertical ribbed metal siding along
the south, east, and part of the north facades. The south facade will face an adjoining shopping center building, the
east facade faces residential, and the north facade faces the proposed parking area for the business. The west,
primary street facing facade, and the western portion of the north facade is proposed to be stone and board and
batten (see provided pictures from applicant). Ordinance states that all street facing and side facades must be clad
in a material other than metal.
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Evaluation: Subject property is located along the South Memorial corridor. This corridor is made up of a
variety of businesses and structures of varying age, condition, and material. The proposed new
building will enhance the visual appearance of the lot and the corridor. The Board must determine
if the proposed use of metal siding is in keeping with the goals of the City to improve the
appearance of this corridor.
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Board of Zoning Adjustment
Staff Report
Variance 220614-02
MEETING DATE: June 14, 2022
PETITIONER: Jimmie D Durbin Family LLC
PROPERTY OWNER: Jimmie D Durbin Family LLC
SUBJECT SITE: 951 South Memorial Drive
REQUEST: Variance – To reduce landscaping buffer required by Ordinance
CURRENT ZONING: B-1 Neighborhood Commercial
LOCATION: East side of South Memorial across from Durbin Auto Parts
SURROUNDING LAND North: Commercial (B-1)
USES AND ZONING: South: Commercial (B-1)
East: Multi-Family (B-1)
West: Commercial (B-1)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: Request for Special Exception to use metal siding (SE 220614-01)
Conditions of Previous Approval: Pending
DESCRIPTION OF REQUEST:
1. Variance Request to eliminate the required landscaping buffer between commercial use and residential use
along the east and south east portions of the property that abut multi-family residential uses and install lesser
landscaping in the rear corners of the lot.
ZONING ORDINANCE REFERENCED:
§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. 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. A Landscaping Plan must be provided in accordance with §10.09 Procedure.
Page 2 of 4
§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.
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
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
*Partial Table – See Zoning Ordinance Table 10-1 for Complete list of Buffers for all uses
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.
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§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.
STATEMENT OF HARDSHIP FROM APPLICANT:
In order to facilitate the use of vehicle traffic at the rear of the property we are requesting to relocate
the rear landscape buffering to the rear corners. See attached landscape site plan.
There will also be a Privacy Fence across the back and down the sides of the property as shown on the
plan. This will provide a visual buffer between the properties.
ANALYSIS:
A general retail and storage structure is being proposed on a 0.46 acre lot at 951 South Memorial Drive. The proposed
structure will be located in a B-1 Neighborhood Commercial Zoning District that does permit this use by right.
Within the applicant’s submittal, the proposed structure will have a gross floor area of approximately 6,000 sq. ft. In
addition, the property abuts residential uses on the east and southeast sides, requiring additional buffer requirements. The
applicant is requesting relief from landscaping ordinance requirements as referenced in Article 10. – Landscaping, and
Table 10-1 Buffer Requirements by Use.
Per Table 10-1, the proposed use requires a “B” buffer along all perimeter property lines that abut residential. “B” buffers
require 20 ft depth of landscaping that meets the requirements of §10.02.03 Design Standards. The 20 ft depth of the
landscaping buffer may be reduced to 15 feet when a fence is installed that is at least six feet tall and meets the
requirements of §10.05. Buffers that abut residential are required to have an opaque screen of evergreen shrubbery and an
increased number of trees.
Page 4 of 4
The applicant has proposed alternative landscaping to be considered by the Board. In lieu of ordinance required buffers,
applicant is proposing to install landscaping in the northeast and southeast corners of the site that abut residential uses
composed of shrubs and trees (see site plan for details),. Additionally, applicant is proposing to install a 6’ privacy fence
along the perimeter property lines. The proposed alternative landscaping does not meet the minimum requirements of
§10.02, nor Table 10-1 Buffer Requirements by Use.
This request violates §10.02 Buffers of the City of Prattville Zoning Ordinance and requires a variance in order for
a permit to be issued.
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Evaluation: This proposed commercial use abuts single family attached residential at the rear of the property.
If granted, the Board must determine if proposal will provide adequate buffer between different
uses. Conditions may be placed to mitigate possible noise and light.
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Board of Zoning Adjustment
Staff Report
Variance 220614-03
MEETING DATE: June 14, 2022
PETITIONER: Moore Property Management
PROPERTY OWNER: Covered Bridge SC, LLC
SUBJECT ADDRESS: 1976 Fairview Avenue
REQUEST: Addition-Adding to legal non-conforming
CURRENT ZONING: F.A. R (Forest, Agriculture, and Recreation
LOCATION: South side of Fairview Avenue, West of Old Farm Ln
SURROUNDING LAND North: B-4 (Highway Commercial)
USES AND ZONING: South: O-1 (Office District)
East: Commercial Use; F.A.R (Forest, Agriculture, & Recreation)
West: Undeveloped; O-1 (Office District)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
A variance has been requested to enclose an existing bank canopy in a F.A.R district (Forest, Agricultural,
Recreation). The land use is commercial even though it is zoned F.A.R. In a F.A.R district, commercial
business is not allowed, therefore if a commercial business does exist within a F.A.R district it is considered
legal non-conforming. A legal nonconforming structure may not alter, enlarge, or intensify in any way that
increases the nonconformity and the enclosed bank canopy will enlarge the structure by 8 feet on each side.
Page 2 of 3
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested are referenced in the section described below:
§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.
Article 12. – Board of Zoning Adjustment
§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 is
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.
Page 3 of 3
§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.
ANALYSIS:
The Neighborhood Shopping Center was constructed in 2004. It is the belief of the Planning Department that when this
parcel of land was annexed into the City of Prattville it was 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 granting an annexation can also grant
zoning based on the land use and surrounding zoning.
A variance has been requested to enclose an existing bank canopy in a F.A.R district (Forest, Agricultural, Recreation).
The land use is commercial even though it is zoned F.A.R. In a F.A.R district, commercial business is not allowed,
therefore if a commercial business does exist within a F.A.R district it is considered legal non-conforming. A legal
nonconforming structure may not alter, enlarge, or intensify in any way that increases the nonconformity and the enclosed
bank canopy will enlarge the structure by 8 feet on each side.
It should be noted that on June 16, 2022, Moore Property Management will be going before the Planning Commission to
present its case for rezoning. They are proposing to rezone 1976 Fairview Ave. to B-2 (General-Business). The reason
they are proposing the variance is that the rezoning process is about 3 months due to the fact that once the Planning
Commission recommends a rezoning it has to go before The Prattville City Council for approval which could take up to
two additional months. Moore Property Management’s lease could end at their current location during that time and could
potentially put them out of business for a few months if the variance is not granted.
EVALUATION:
Reviewed by: Tommie Williams, Planner
Applicant’s Hardship: No hardship is listed on the application
Evaluation: The board shall determine if a legitimate hardship is found with allowing a legal nonconforming use
to alter, enlarge, or intensify in any way that increases the nonconformity. A distinctive topographic
variation, unique lot layout, or something that results from conditions that are unique to the property
can hold standing as a hardship. The hardship shall not be self-created.
Pictures:
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Prattville City Limit
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Location Map - Covered Bridge Shopping Center
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Prattville City Limit
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Zoning Map - Covered Bridge Shopping Center
±0 1,000500
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Locations are approximate
Legend
Project Area
Autauga_Parcels
Elmore_Parcels
Prattville City Limit
Streets
Page 1 of 7
Board of Zoning Adjustment
Staff Report
Variance 220614-04
MEETING DATE: June 14, 2022
PETITIONER: Lamar Advertising
PROPERTY OWNER: Covered Bridge Development Co, LLC
SUBJECT SITE: 156 Fairview Ave
REQUEST: Extend/Enlarge a Nonconforming Use
CURRENT ZONING: O-1 (Office District)
LOCATION: South side of Fairview Ave, between Summit Pkwy and Old Farm Way
SURROUNDING LAND North: Commercial/Undeveloped (B-4) USES AND ZONING: South: Office/Undeveloped (O-1) East: Commercial (FAR)
West: Commercial (FAR)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: 8/2002 – Permit issued for sign at this location
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a variance from Zoning Ordinance §9.11 (Nonconforming signs) in order to replace astatic display with a digital display.
Page 2 of 7
ZONING ORDINANCE REFERENCED:
§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 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 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 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.
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.
Page 3 of 7
§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 and §9.05.04
respectively.
§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, 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:
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.
§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.
Page 4 of 7
§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.
BACKGROUND INFORMATION:
Lamar Advertising has held and maintained the subject billboard sign located on Fairview Ave for many years as a
traditional, static-copy billboard sign.
On January 18th, 2022, anticipating a new zoning ordinance being adopted, the Prattville City Council adopted a
moratorium that halted the review and permitting of new signs until the new zoning ordinance was adopted, or until
March 31, 2022, whichever came sooner (see Ordinance Book 2022, Page 002). The moratorium did not apply to “sign
face replacements.”
On February 10, 2022, Lamar Advertising submitted a sign permit application to change the west facing billboard sign
from a static to a digital display. This was while the moratorium was active.
Staff determined that the requested change was beyond a “sign face replacement” and was thus unable to further review
the application or issue a permit due to the moratorium.
On March 15, 2022, the Prattville City Council adopted the new Zoning Ordinance.
Staff reviewed the sign permit application for the subject sign and determined that the sign itself was a nonconforming
use, and the proposed change would not comply with the new Zoning Ordinance requirements. A letter was sent to the
applicant denying the application on March 31, 2022.
ANALYSIS:
The subject sign was in existence upon the effective date of the current Zoning Ordinance.
The tallest freestanding sign normally allowed by the Zoning Ordinance is 25ft, or 50ft within 1,000ft of the interstate
right-of-way (see Table 9-1). The subject sign is over 2,500ft from the interstate right-of-way and is approximately 50ft
tall above ground level and approximately 35ft above the grade of adjacent Fairview Ave, thus, the subject sign is
noncompliant with the maximum allowed sign height.
“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 sf” (§9.08.03 (2) (b) (3)). The subject site has approximately 75ft of
frontage along Fairview Ave and approximately 61ft of frontage along Josie Run. The proposed digital display has an
‘active area’ of 372 square feet (35’3.1875” x 10.5’) and an overall area of 395 square feet (35’11.1875” x 11’). The
Page 5 of 7
applicant has stated that the length and width of the existing and proposed sign are the same. It is noncompliant with
maximum allowed sign area.
Section 9.10 of the Zoning Ordinance allows for “permanent freestanding signs on undeveloped property” which may be
taller and larger in area than the freestanding signs of §9.08.03, however, they must be on properties with frontage on I-65
or a frontage road adjoining the I-65 right-of-way. The subject site does not have frontage on I-65 nor is on a frontage
road adjoining the interstate, so §9.10 would not apply.
Figure 1: Subject sign and sign face
Figure 2: Subject sign
Page 6 of 7
Figure 3: Rear of subject sign face
Torsion Bar Outrigger
Upright
Figure 4: Proposed construction detail (applicant provided)
Vinyl copy
material
Panel
Page 7 of 7
The subject sign currently consists of the copy (advertisement) printed on a vinyl or vinyl-like substrate material, that is
then attached to the metal panels (see Figure 3). In order for the copy to be changed, the existing vinyl is removed and a
new vinyl is installed, supported by the panels. The panels form the base support and shape of the sign itself, and are
attached to the uprights.
In order to install the proposed digital billboard sign, the existing panels must be removed first, then the digital panel
installed, or the digital panel must be installed on top of the existing panels.
Section 9.11.01 (4) states that lawfully nonconforming signs may continue provided “The sign is not expanded and, if a
permanent sign, relocated or removed for any length of time.”
If the panels are removed, the sign will lose its lawfully nonconforming status. If the new digital display is installed on
top of the panels, then the sign will be expanded and will lose its lawfully nonconforming status.
Additionally, any necessary structural improvements to support the weight load of the digital display would be
“extend[ing] or maintain[ing] in such a way to extend its nonconformity” (§9.11.01 (3)) and cause the existing sign to lose
its legal nonconforming status. The proposed digital display weighs 3,850 pounds.
PLANNING STAFF EVALUATION:
Reviewed by: Scott Stephens, City Planner
Applicant’s Hardship: (from application) “Applying newly adopted sign code to application submitted before code was adopted is hardship.”
Evaluation: The City of Prattville spent many months writing the new Zoning Ordinance. The Planning
Commission specifically recommended §9.08 (Nonresidential District regulations) and §9.10
(Permanent Freestanding Signs on Undeveloped Property) to limit the height and area of signs and
limit the proliferation of billboard-type signs throughout the City.
The existing sign is lawfully nonconforming and may continue as-is without the change to a digital
display, which requires removing the existing sign and/or expanding and extending the life of the
sign and structure.
The board shall determine if a legitimate hardship is found with the application of the Zoning
Ordinance. A distinctive topographic variation, unique lot layout, or something that results from
conditions that are unique to the property can hold standing as hardship. The hardship shall not be
self-created.
Aerial Map - 156 Fairview Ave
±0 10050
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Locations are approximate
Legend
Project Area
Autauga_Parcels
Elmore_Parcels
Prattville City Limit
Streets
FAIRVIEW
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Location Map - 156 Fairview Ave
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Locations are approximate
Legend
Project Area
Autauga_Parcels
Elmore_Parcels
Prattville City Limit
Streets
FAIRVIEW
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Zoning Map - 156 Fairview Ave
±0 500250
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Locations are approximate
Legend
Project Area
Autauga_Parcels
Elmore_Parcels
Prattville City Limit
Streets