These districts are composed mainly of areas containing single-family dwellings and open areas where such residential development seems likely to occur. The district regulations are designed to protect the residential character of the district by

prohibiting all commercial activities and to encourage a suitable neighborhood environment for family life; and to preserve the openness of the districts by requiring certain minimum yard and area standards to be met.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, the minimum building site area shall be:

For a single-family dwelling....................................... 10,000 sq. ft.

For any other permitted use....................................... 10,000 sq. ft.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be thirty-five (35) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed thirty-five (35) feet in height.

(e) Yards Required. Except as provided in Section IV, the minimum dimensions of yards shall be:

Front Yard.............................................................................30 feet

Side Yard.............................................................................. 8 feet

Rear Yard..............................................................................10 feet

(2) R-2 DISTRICTS: Single Family Residence District/Small Lots. These districts are composed mainly of areas in which the typical lot contains less than10,000 square feet. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities, and to encourage a suitable neighborhood environment for family life.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, the minimum building site area shall be:

For a one-family dwelling............................................... 7,200 sq. ft.

For any other permitted use..........................................10,000 sq. ft.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed forty-five (45) feet in height.

(e) Yards Required. Except as provided in Section IV, the minimum dimensions of yards shall be:

Front Yard......................................................................................25 feet

Side Yard........................................................................................ 8 feet

Rear Yard.......................................................................................10 feet

(3) R-3 DISTRICTS: Multi-Family Residence Districts.

These districts are composed mainly of areas supporting a mixture of single-family and multi-family dwellings and in which the typical lot contains less than 10,000 sq. ft. The district regulations are primarily designed to allow for controlled multi-family development by requiring certain minimum yard and open spaces for all buildings; and to avoid excessive population density by requiring a specific building site area for each dwelling unit; and to prohibit all commercial activities.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, Supplementary Regulations, the minimum building site area shall be:

For a single-family dwelling..................................... 7,200 sq. ft

For a multi-family dwelling

- first two units................................................ 8,000 sq. ft.

- for any additional dwelling unit............(per unit) 2,500 sq. ft.

- for any other permitted use........................ 10,000 sq. ft.

For developments intended for mixed-use occupancy, i.e., dwellings, church, day care, etc. 10,000 sq. ft. per use shall be added to the total building site area in addition to the above requirements for dwelling uses.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d) Building Height Limit. Except as provided in Section IV no structure shall exceed forty-five (45) feet in height.

(e) Yards Required. Except as provided in Section IV. Supplementary Regulations, Section V, Multi-Family Development Regulations and Section V-100, the minimum dimensions of yards shall be:

Front Yard......................................................................................... 25 feet

Side Yard.......................................................................................... 8 feet

Rear Yard......................................................................................... 10 feet

These districts are composed of land and structures occupied by, or suitable for, uses furnishing the retail goods, such as groceries and drugs, and services, such as barbering and shoe repairing, to satisfy the daily household needs of the surrounding residential neighborhoods. Often located on a thoroughfare or near the intersection of two thoroughfares, these districts are small and within convenient distance of most of the areas they serve. The district regulations are designed to permit the development of the districts for their purpose and to protect the abutting and surrounding residential areas by requiring certain minimum yard, coverage and other standards to be met, standards that are comparable to those called for in the residence districts.

It is intended that additional Neighborhood Business Districts will be created, in accordance with the Amendment Procedure of this ordinance, as they are needed to

serve new residential areas. To insure that such new districts are actually developed to supply the business needs of the neighborhoods, the amendment creating the district may set time limits for its development.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, Supplementary Regulations and Section V-100, Commercial Development Regulations, the minimum required building site area shall be 5,000 square feet.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be fifty (50) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed fifty (50) feet in height.

(e) Yards Required. Except as provided in Section IV, Supplementary Regulations and Section V-100, Commercial Development Regulations, the minimum dimensions of yards shall be:

Front Yard..........25 feet (There are no minimum required side or rear yard)

(2) B-2 Districts: General Business Districts

These districts are composed of land and structures occupied by or suitable for uses furnishing, in addition to the retail goods and services supplied by the Neighborhood Business Districts, the wider range of retail goods and services required by residents of a group or community of neighborhoods and by the city generally. Usually located on a thoroughfare or highway or near the intersection of principal thoroughfares or highways, these districts are large and within convenient distance of the area they serve. The district regulations are designed to permit the development of the districts for their purpose in a spacious arrangement of uses and structures. To protect the abutting and surrounding residential areas, certain restrictions are placed on uses.

It is intended that additional General Business Districts will be created, in accordance with the Amendment Procedure of this ordinance, as they are needed to serve groups of new neighborhoods of the city generally. To insure that such new districts are actually developed to supply the business needs of the groups of neighborhoods or the city generally, the amendment creating the district may set a time limit for its development.

(a) Permitted Uses. See chart at end of this section.

(b) Building Site Area. There is no minimum required building site area with the exception of self-storage facility developments which require a minimum of two (2) acres.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be fifty (50) percent

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed fifty (50) feet.

(e) Yards Required. Except as provided in Section IV. Supplementary Regulations, no yards are required.

(3) B-3 District: Central Business District.

This district is composed of land and structures occupied by or suitable for uses furnishing the wide range of retail goods and services required by residents of the metropolitan area and of the trade area. Located at the convergence of the principal thoroughfares and highways, as well as transit lines, the Central Business District is the focus of commerce and administrative business activities of the trade area. The district regulations are designed to permit the further development of the district for its purpose in a compact and convenient arrangement of uses and structures that is highly urban in character.

(a) Permitted Uses. See chart at end of this section.

(b) Building Site Area. There is no minimum required building site area.

(c) Building Site Coverage. No limit.

(d) Building Height Limit. Except as provided in Section IV, Supplementary Regulations, no structure shall exceed one hundred (100) feet in height.

(e) Yards Required. Except as provided in Section IV. Supplementary Regulations, no yards are required.

(1) Structure to Have Access. Every structure hereafter erected or moved shall be so located on a building site as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(2) Accessory Buildings. No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.

(3) Outdoor Storage. No appliances, such as washing machines and refrigerators and no equipment, including major recreational equipment such as boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, shall be stored or parked for more than twenty-four (24) hours in any residence district except in a carport or enclosed building or behind the nearest portion of a building to a street. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any residence district other than in completely enclosed buildings.

(4) Illumination of Uses. Lighting used to illuminate signs, parking areas or for other purposes shall be so arranged that the source of light does not shine directly into adjacent residential premises or into traffic.

(5) Development of flood-prone areas. Development of flood-prone areas shall be subject to the requirements outlined in the City of Florence Flood Damage Prevention Regulations.

(6) Historic Districts. Historic sites which have been recognized or are officially determined eligible for recognition by the National Register of Historic Places or the Alabama Historic Commission as a Historic Site or District, shall be subject to the following regulations:

a. Conformance with Historic Character. All Historic sites and structures therein shall be designed to conform with the historical and architectural character of the District. This conformance will include building design and appearance.

b. Site Development Plan. Other than routine maintenance to existing structures, any proposed changes to the exterior of existing structures, sites, or proposed new structures, including, but not limited to fencing, decks, etc, in a historic district must first be reviewed and approved by the Florence Historical Board followed by review and approval by the Planning Commission to ensure conformance with the historical and architectural character of the district.

Review shall be based on site development plan and architectural drawings, as outlined on Planning Approval applications available in the Florence Planning Department.

(1) Dwelling on Small Building Site. Where a lot located in a residence district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for one-family dwelling.

(2) Business or Industry on Small Building Site. Where a lot located in an industrial district or in a residence-business district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for any use permitted in the district.

(1) Height Exceptions. The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators,

chimneys, parapet walls, cornices or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(2) Excess Height. In any R-1, R-2, R-B or FAR District, two (2) feet in building height may be added above the height limit for the district for each one (1) foot of side yard provided in excess of eight (8) feet. Such excess building height as related to side yards shall be construed to relate portions of buildings nearest to such side yards to the adjacent side yards only, except where the portion of a building is so located and of such a height as to require an increase in the other side yard to remain within a light plane established within the interior side yard line on the adjacent building site and the highest point on a building which could be erected under general height regulations for the district on the building site involved at the interior side yard line. Side yards

adjacent to streets shall require such increases only where height of the erected portion of the building exceeds seventy-five (75) feet in R-1, R-2, I-1 or FAR or 100 feet in R-B Districts and shall not require such increases in 1-2 Districts.

(3) Compensating Bulk and Open Space. To permit variety in the shape and bulk of structures, upon approval of the Planning Commission and subject to such limitation as it may prescribe for the protection of adjacent property, in any district, part of main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided a volume of space at least equal to the volume of space occupied by the part of the structure exceeding the height limit is provided and kept open below the height limit. It is intended that such open space below the height limit shall compensate for the bulk above the height limit, and that both the excess bulk and the compensating open space shall be provided on the same building site.

(1) Buffer Planting Strips. Wherever the boundary of a building site in an R-B, B- I B-2, B-3, I-1 or I-2 District adjoins an R-1, R-2 or FAR District there shall be provided on such building site a buffer planting strip not less than thirty (30) feet in width any required yard shall be counted as part of such buffer planting strip. Buffer planting strips shall comply with the following regulations:

(a) Landscaping. Screen planting shall be provided in sufficient density and of sufficient height (but in no case less than eight (8) feet high two years after planting) to, afford protection to the residence district from the glare of lights from blowing paper, dust and debris, from visual encroachment, and to effectively reduce the transmission of noise. Screen planting shall be maintained in a clean and neat condition.

(b) Use of Land. No part of a buffer planting strip shall be used for any purpose other than screen planting unless such screen planting is provided adjacent to the residence district in sufficient depth and density to accomplish the purpose of protection, in which case as much as twenty (20) feet of the required thirty (30) feet may be used for parking or other open space uses not in conflict with the purpose of protection of the adjacent residence district nor in violation of any other provision of this ordinance.

© Brick Wall. In the case of a lot of record on the effective date of this ordinance, such lot being so unusually small that provision of the thirty (30) foot buffer planting strip precludes the reasonable use of the property for the uses permitted in the district in which the lot is located, upon approval of the Planning Commission, and subject to such conditions as it may prescribe as necessary to achieve the purpose of screen planting, a brick wall eight inches (8") thick and eight (8) feet high may be substituted for the screen planting. In such case, the buffer planting strip may be reduced to no less than twenty (20) feet.

The requirement for a buffer planting strip may be waived by the Board of Commissioners in amending this ordinance to create or expand a business or industry district upon a report from the Planning Commission stating that future extension of the business or industry district is anticipated and that the proposed building wall will present an acceptable appearance to the adjacent residence district. Waiver of the requirement for a buffer planting strip shall not constitute waiver of any side yard requirement.

(2) Minimum Side Yard Width. In any district where side yards are not required by the district regulations, if a side yard is provided it shall have a width of at least five (5) feet.

(3) Corner Building Site. In any district, a corner building site having to its rear a building site facing toward the intersecting or side street shall have provided on the intersecting or side street side of the corner building site a side yard having a width equal at least to the depth of the front yard required for a structure on the building site to the rear of the corner building site; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner building site to less than thirty (30) feet.

(4) Visibility at Intersections. On a corner building site in all districts, except a B-3 District, no fence, wall, hedge, structure, or planting creating a material impediment to visibility between the heights of two and one-half (2-1/2) feet and eight (8) feet above the street grade at the intersection shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting such street lines at points equidistant from such point of intersection and passing through a point, which point is the intersection of lines defining the required front and side yards. In determining the triangular area in a B-2 District, the yard requirements shall be the same as in a B-I District.

(5) Side Yard Exceptions for Small Lots. Where side yards are required and a lot is less

than sixty (60) feet in width, and, on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, each side yard shall have a

width of not less than one-seventh (1/7) the width of the lot; provided, however, that in no case shall a side yard have a width of less than five (5) feet.

(6) Major Street Lines. Front yard depth and, in the case of a corner building site, side yard width shall be measured from the future street right-of-way line of a major street established on the plan for circulation (major street plan).

(7) Fences, Walls and Hedges. No fence, wall or hedge that obstructs sight shall be erected, altered or placed in any required front yard to exceed a height of two and one-half (2 1Ö2) feet above the street grade and no fence, wall or hedge shall be erected, altered or placed in any required side or rear yard to exceed a height of eight (8) feet.

(1) Substation Enclosure. Substations shall be enclosed within a fence or wall or otherwise constructed by design so as to be inaccessible to unauthorized personnel and afford protection to the public.

(2) Substation Screening. Substations shall be landscaped or designed in such manner that it will be compatible with the character and use of the area adjacent to and surrounding the substation site.

(3) Substation Plans and Specifications. No substation shall be constructed until plan and specifications for improvement thereof have been approved by the planning commission of the City of Florence. Such plans shall show and depict the following:

(a) Site plan and structure location;

(b) Profile and vertical dimensions of the proposed electrical apparatus and improvements to include any fence, wall and other protective devices mentioned in (1) above;

© Trees or shrubs used to comply with the provisions of (2) above, shall be of sufficient density and of sufficient height to afford protection to surrounding areas from visual encroachment and render such substation compatible with the surrounding area. Screen planting shall be maintained in a clean and neat condition.

(1) Noise. There shall be no production by any use of noise which at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.

(2) Heat, Glare and Vibration. There shall be no emission by any use of objectionable heat, glare or vibration which is perceptible beyond any boundary of the building site on which the use is located.

(3) Dust, Dirt, Odors, Gases, Smoke and Radiation. There shall be no emission by any use of dust, dirt, odors, gases, smoke or radiation which is in an obnoxious or dangerous amount or degree beyond any boundary of the building site on which the use is located.

(4) Hazard. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard beyond the boundary of the building site on which the use is located.

(5) Wastes. No materials or wastes shall be stored in such a manner that they may be transferred off the building site by natural forces or causes.

A Home Occupation is an occupation for gain or support conducted in a dwelling unit only by members of a family residing in the dwelling unit and not including the employment of any additional persons. The occupation is incidental to the residential use of the dwelling unit and does not utilize more than twenty-five percent (25%) of the floor area; and no part of the occupation is conducted in an accessory building. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. There shall be no sign, and no visible evidence of the conduct of a home occupation.

Home occupations complying with the criteria established in Section (B) shall be considered minor in character and may be approved upon application to the Building Official. Major home occupations shall commence only after the receipt of a special exception from the Board of Zoning Adjustment as outlined in Section 8-B-2-(b) of the Zoning Ordinance.

Uses classified as minor may be permitted in all zoning districts which allow residential land uses. The following regulations shall apply to all minor home occupations.

(1) The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.

(2) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered by the occupation within the residence or be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations that carry beyond the premises.

(3) No more than twenty-five (25%) percent of the gross floor area of the dwelling may be used for the home occupation.

(4) There shall be no advertising, display, signs, or other indications of a home occupation on the premises.

(5) There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, that is, direct sales of products off display shelves or racks is not allowed.

(6) No storage or display of goods shall be visible from outside the structure.

(7) No highly explosive or combustible material should be used or stored on the premises.; No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

(8) A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

(9) A home occupation shall not create the need for additional parking spaces.

(10) No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed.

(11) Deliveries from commercial suppliers may not be made to the dwelling. All supplies must be picked up off-site by the individual conducting the home occupation.

(12) Minor home occupations may include, but are not necessarily limited to, the following:

(a) Artists and sculptors;

(b) Authors and composers;

© Home crafts for sale off-site;

(d) Office facility of minister, rabbi, or priest;

(e) Office facility of a salesman, sales representative, contractor, sub-contractor, or manufacturer's representative provided that no transactions are made in person on the premises and there is no outside storage of material or construction equipment;

(f) Professional home office, i.e., architect, engineer, individual counseling;

(g) Individual tutoring;

(h) Preserving and home cooking for sale off-site;

(I) Individual instrument instruction provided that no instrument may be amplified;

(j) Telephone solicitation work;

(k) Professional consulting services, i.e., accounting, computer, etc.;

(l) Dressmaking / sewing;

(m) Family lawn care service - Provided equipment is stored within an enclosed garage/building, and employees of the business are immediate family members residing within the household.

Uses classified as major shall be considered special exceptions administered according to Section 10-8 of this Ordinance Residential R-1, R-2 and R-3 districts should, in general, be protected from major home occupations unless it can be specifically demonstrated that such a use will have no short or long-term negative impact on the neighborhood. To this extent, the following regulations shall apply to all major home occupations.

(1) The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others, except with the following exception:

(a) Instruction which must, by its nature, be provided outdoors, such as certain athletic instruction, may be so provided, if it generates no effects beyond the property line any greater than would normally be expected for a residence. In no event shall musical instrument instruction be provided outdoors.

(2) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes; and the appearance of the structure shall not be altered by the occupation within the residence, nor be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations that carry beyond the premises.

(3) The total area used for such purposes (including storage) shall not exceed the equivalent of twenty-five percent (25%) of the gross floor area, in square feet, of the first floor or main floor of the user's dwelling unit. In no case shall more than two rooms of the dwelling unit be used for the Home Occupation.

(4) There shall be no advertising, display, signs, or other indications of a home occupation on the premises.

(5) There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations; for example, a single-chair beauty parlor would be allowed to sell combs, hair spray and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on-site.

(6) There shall be no exterior storage on the premises of material used in the home occupation, nor of any highly explosive or combustible material. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

(7) Deliveries from commercial suppliers may not be made to the dwelling. All supplies must be picked up off-site by the individual conducting the home occupation.

(8) Major home occupations may include but are not necessarily limited to the following:

(a) Any use allowed as a minor home occupation;

(b) Single-chair beauty parlors and barber shops;

© Upholstering;

(d) Lawn Care - provided equipment is stored in an enclosed building or garage; (e) Woodworking, excluding cabinet making.

(D) APPLICATIONS, PERMITS AND INSPECTIONS

Individuals wishing to conduct a home occupation in a dwelling that they own may apply to the Building Official for a Home Occupation Permit on forms available from the Building Department. Individuals other than the dwelling owner who wish to conduct a home occupation in the dwelling must submit a notarized letter from the owner granting permission for the home occupation along with the application, or the application will not be accepted.

The Building Official will classify Home Occupation Permit applications as major or minor Home Occupations. Major Home Occupation applications will be referred to the Board of Zoning Adjustment for processing in accordance with Section VIII-B-2-(b) of the Zoning Ordinance. Minor Home Occupation applications will be approved administratively by the Building Official or his designee upon presentation of representations and/or verifications provided by the applicant, provided that the Building Official or his designee finds that the conditions established in Section IV-100 (B) of this Ordinance are met. Minor Home Occupation applications that are denied administratively may be appealed to the Board of Zoning Adjustment under the provisions of Section VIII (B) 2 (b) of the Zoning Ordinance.

(F) INSPECTIONS

The Building Official or his designee shall have the right, at any reasonable time, and upon reasonable request, to enter and inspect the premises covered by a Home Occupation Permit, in order to ensure compliance with the terms of said permit, or for other lawful reasons. If, upon inspection, the Home Occupation use is not being conducted in accordance with the Home Occupation Ordinance, the Building Official may revoke the Home Occupation permit.

Applicants whose requests for Home Occupation Permits are approved shall purchase from the City Clerk on or before January 1 of each year, a business license for the privilege of conducting the home occupation. The City Clerk shall refuse to renew a license for a Home Occupation Permit upon notification from the Building Official that representations made on the Home Occupation Permit application are, or have become, an inaccurate description of the business, or that other conditions in this Ordinance are not being met.

(H) TRANSFERABILITY

Home Occupation Permits are not transferable between individuals, nor are they valid for a location other than the location noted on the permit. An individual who moves may not resume their home occupation in the new location without reapplying for a Home Occupation Permit.

Individuals who have received Special Exception Approval from the Board of Adjustment to operate a home occupation shall be exempt from reapplying for Home Occupation Permits provided the home occupation has been pursued continuously since the approval was granted.

SECTION V. MULTI-FAMILY DEVELOPMENT REGULATIONS

(A) SCOPE OF REGULATIONS

These regulations shall apply to all multi-family developments constructed within the City of Florence and its extraterritorial zoning jurisdiction.

The following General Regulations and Design Standards shall apply to all multi-family developments.

(1) Building Site Area. All districts other than the B-3 (central business) district, permitting multi-family development, shall have a minimum building site area of:

8,000 sq. ft. for the first two units

2,500 sq. ft. per unit for any additional dwelling unit

(2) Structure Orientation. Multi-family developments abutting a public right-of-way shall be required to orient the building front toward subject right-of-way. The Planning Commission

may grant exceptions if the site is found to have irregular configurations, or the proposed building orientation is found to be more conducive aesthetically to the surrounding properties.

Exceptions to structural orientation will not be considered for the sole purpose of gaining additional dwelling units for a proposed project.

A multi-family development shall provide the following:

(1) Parking and circulation. Parking of two (2) spaces per unit, plus one (1) additional space for any unit with more than two bedrooms, improved to City of Florence standards and facilities for safe and convenient circulation of pedestrian and vehicular traffic, including walks, driveways and landscaped separation spaces between pedestrian and vehicular ways. Multi-family developments shall have adequate and safely located play areas for children.

(2) Stormwater Detention. Shall be required as outlined in Article II, Section III(B)(12) of the City of Florence Subdivision Regulations.

(3) Building Setbacks. The following are mandatory setbacks for multi-family developments. Should there be any Section in conflict with these requirements the more stringent shall apply.

Multi-family construction, with the exception of the B-3 (central business) district, shall require the following setbacks:

(a) Multi-family developments shall require a front yard setback of twenty-five (25) feet.

(b) A single-story, multi-family development abutting property located within an R-1 or R-2 district shall have a minimum side and rear yard setback of twenty (20) feet.

© A two-story development abutting property located within an R-1 or R-2 district shall have a minimum side and rear yard setback of thirty (30) feet.

(d) With the exception of the above requirements, all other multi-family developments shall have a minimum side yard of fifteen (15) feet, and a minimum rear yard of twenty (20) feet for single-story or two-story construction.

(4) Screening and Landscaping. All Multi-family development with the exception of developments located in the B-3 (central business) district, shall require a 10-foot buffer planting strip, eight (8) feet high within two years, along the side and rear yards, planted in sufficient density to afford protection to the adjoining properties in terms of visual encroachment, noise, litter, lights, etc.

With the exception of the above requirements, landscaped areas for multi-family developments shall be planted and maintained in accordance with the City of Florence Zoning Ordinance, Should there be any Section in conflict with these requirements, the more stringent shall apply.

(5) Building, Spacing and Access. The following building spacing and access shall be provided. Distances shall be measured between exterior walls. Minimum spacing dimensions shall not apply to corner-to-corner placement of buildings where walls do not overlap.

(a) Spacing of Buildings. A building wall shall be located no closer to another building than a distance equal to the height of the taller building of the two; provided, however, that for a two-story building containing dwelling units such distance shall be not less than fifty (50) feet in the case of two walls having windows and entrances, not less than thirty (30) feet in the case of two walls having windows but no entrances, not less than twenty (20) feet in the case of one wall having windows and the other no windows, and not less than twelve (12) feet in the case of two walls having no windows; provided, further, that for buildings of more than two stories, spacing shall be increased appropriately. Variations from these spacing requirements may be made by the Planning Commission upon a showing that the arrangement of buildings is such that the orientation insures adequate light and air, avoids undue exposure to traffic ways and the parking and service areas of commercial establishments, and preserves reasonable visual and audible privacy between buildings.

(b) Access by Emergency Vehicles. Buildings in a multi-family development shall be so arranged that every building is accessible by emergency vehicles.

Multi-family developments proposing more than one structure shall require review by the Florence Planning Commission and shall comply with submittal procedures for Planning Commission Review as outlined in this section.

(1) Procedure on Preliminary Plan. Submission of a Preliminary Plan is not mandatory, but is recommended as a means of identifying and solving design problems.

(a) Content of Preliminary Plan. An application for approval of a Preliminary Plan for Multi-Family development shall contain the following information:

1. An application form for Planning Commission review must be completed in its entirety. Application for Planning Commission review may be obtained from the Florence Planning Department.

A minimum review fee of $100 shall be required with submittal of a development plan. Fee may increase should Rezoning be required.

2. Eight (8) copies of a Site Development Plan prepared by a registered architect, engineer or surveyor shall be submitted in accordance with application criteria of the Florence Planning Commission.

(b) Administrative Examination. Upon receipt of an application for Preliminary Planning Approval of a Multi-Family Development, the Planning Department shall examine the plan and make such investigation as is necessary. Within 30 days of the receipt of an application, the Planning Department shall transmit the application, together with a report and recommendation, to the Planning Commission. The Planning Department shall also transmit a copy of the application to any department or agency which might be affected by the approval of the application, and such department or agency shall transmit its report and recommendation to the Planning Department.

© Review by Planning Commission. Within 45 days of the receipt of an application for Preliminary Plan Approval, the Planning Commission shall review the application and shall approve or disapprove the Preliminary Plan; approval may establish conditions and limitations. The Planning Commission shall then return the application, together with its report of approval or disapproval, to the Planning Department; and the Planning Department shall notify the applicant by letter.

Any request for Planning Commission Review which is withdrawn within five (5) days or less prior to the scheduled meeting date, shall not be reconsidered by the Planning Commission for a period of six (6) months.

(d) Effect of Approval. Approval of a Preliminary Plan shall not constitute approval of the development, but shall be deemed only as an expression of approval of the Preliminary Plan submitted as a guide to preparation of a Final Plan. Approval of a Preliminary Plan shall be void if a Final Plan has not been submitted within six (6) months of the date of Planning Commission Approval.

(2) Procedure on Final Plan for Multi-Family Development. Submission of Final Plan in accordance with the following provisions is mandatory.

(a) Content of Final Plan. An application for approval of a Final Plan for a multi-family development shall contain the following information:

1. An application form for Planning Commission review must be completed in its entirety. Application for Planning Commission review may be obtained from the Florence Planning Department.

A review fee shall be required unless previously submitted with a Preliminary Plan.

2. Eight (8) copies of a Final Site Development Plan prepared by a registered architect, engineer or surveyor shall be submitted in accordance with application criteria of the Florence Planning Commission.

(b) Action on Final Plan. The same procedure for administration examination and review by the Planning Commission set out for the Preliminary Plan shall be followed in respect to a Final Plan, with the exception that an approved Final Plan shall be void if construction has not commenced within one (1) year of Final Approval being granted. A plan which has become null and void must be resubmitted to the Planning Commission for reconsideration of a Final Plan.

1. Filing and Recording of Final Plan. Upon approval of the Final Plan, a copy of the site plan shall be filed among the records of the Planning Department; and the original thereof recorded in the office of the Probate Judge of Lauderdale County and shall thereafter be binding upon the applicants, their heirs, successors and assigns, shall limit and control the issuance and validity of permits and certificates, and shall restrict and limit the use and operation of all land and structures within the area designated in such plan to all conditions and limitations specified in such plan and the approval thereof; provided, however, that the Building Official may, upon a showing of engineering necessity therefor, permit minor changes in the location of structures and site improvements, if such minor changes will not change the character of the development, or otherwise cause the plan to fail to meet the conditions specified herein.

2. Amendment or Withdrawal of Final Plan. Pursuant to the same procedure and subject to the same limitations and requirements by which a Final Plan was approved, filed and recorded, it may be amended or withdrawn, either partially or completely, if all land and structures remaining comply with all the conditions and limitations of the Final Plan and the approval thereof and all land and structures withdrawn comply with all regulations established by all other sections of this ordinance.

SECTION V-100. COMMERCIAL DEVELOPMENT REGULATIONS

(A) SCOPE OF REGULATIONS

These regulations shall apply to those commercial developments within the City of Florence and all extraterritorial jurisdiction having a building site area of one (1) or more acres and more than one (1) structure; and all developments having a building site area of more than two (2) acres, and shall require Planning Approval by the City of Florence Planning Commission.

Commercial developments of less than one (1) acre shall be restricted to one (1) structure only.

The following shall be mandatory for a commercial development requiring approval under this section:

(1) Parking and Circulation. Adequate parking in accordance with the proposed use, improved to City of Florence standards, and facilities for safe and convenient circulation of pedestrian and vehicular traffic, including walks, driveways, off-street loading areas and landscaped separation spaces between pedestrian and vehicular ways.

(2) Stormwater Detention. Shall be required as outlined in Article II, Section III(B)(12) of the City of Florence Subdivision Regulations.

(3) Screening and Landscaping. Shall be required in accordance with the City of Florence Zoning Ordinance as outlined in Section VI(C).

(4) Building, Spacing and Access. The following building spacing and access shall be provided:

(a) Distances. Shall be measured between exterior walls. Minimum spacing dimensions shall not apply to corner-to-corner placement of buildings where walls do not overlap.

(b) Spacing of Buildings. A building wall shall be located no closer to another building than a distance equal to the height of the taller building of the two; provided, however, that for a two-story building containing dwelling units such distance shall be not less than fifty (50) feet in the case of two walls having windows and entrances, not less than thirty (30) feet in the case of two walls having windows but not entrances, not less than twenty (20) feet in the case of one wall having windows and the other no windows, and not less than twelve (12) feet in the case of two walls having no windows; provided, further, that for buildings of more than two stories, spacing shall be increased appropriately. Variations from these spacing requirements may be made by the Planning Commission upon a showing that the arrangement of buildings is such that the orientation insures adequate light and air, avoids undue exposure to traffic ways and the parking and service areas of commercial establishments and preserves reasonable visual and audible privacy between buildings.

© Access by Emergency Vehicles. Buildings in a commercial development shall be so arranged that every building is accessible by emergency vehicles.

© RESERVED

(D) REVIEW PROCEDURE FOR COMMERCIAL DEVELOPMENT.

Guidelines for commercial development under this section shall be subject to Planning Commission approval and follow procedures set forth in Section V. Multi-family Development Regulations for submittal and review.

SECTlON VI. OFF-STREET PARKING AND OFF-STREET TRUCK LOADING

(1) Provision of Off-Street Parking Required. The off-street parking facilities herein required shall be provided in at least the amount and maintained in the manner herein set forth; provided, however, that off-street parking facilities in excess of the amounts heretofore required by law, need be neither provided nor maintained for land actually used or for structures actually existing (whether occupied or vacant) on the effective date of this ordinance unless, after the effective date of this ordinance such land, structures, or uses are enlarged, expanded or changed in which event, the land, structures, and uses hereby excluded shall not be used, occupied or operated unless there is provided for the increment only of such land, structures, and uses, and maintained as herein required, at least the amount of off-street parking facilities that would be required hereunder if the increment were a separate land, structure or use.

The retail core of Florence, as shown on the official zoning map, is exempt from these off-street parking requirements.

(2) Size and Location. Each off-street parking space shall be an area of appropriate dimensions of not less than one hundred eighty (180) square feet net, exclusive of access or maneuvering area, ramps and other appurtenances. Except as otherwise permitted under a parking plan which has been granted planning approval for locating or sharing of facilities, off-street parking spaces shall be located on the building site on which the use or structure for which they are provided is located. Maneuvering area, ramps and other appurtenances shall be located off the street right-of-way and, except for one-family and two-family dwellings, facilities shall be so planned that vehicles do not back into the roadway.

(3) Dwelling Uses. Required off-street parking spaces shall not occupy any part of a required front yard. In addition to the required off-street parking area, parking of passenger vehicles may occupy a driveway or other space of not more than 25% of the required front yard, provided the driveway or space is surfaced with an all-weather surface so as to prevent erosion and also mud flow into a public right-of-way. Driveway or parking space must be arranged so as not to obstruct vision along the street or roadway.

In no case shall parking be permitted in grassed or other areas of the required front yard, nor in an unimproved or grassed area of the public right-of-way, nor over any public sidewalk.

For the purpose of this section, an improved or all-weather surface is defined as concrete, asphalt, brick, stone, rock or similar materials; maintained in good condition free of weeds, trash and debris. If crushed stone or rock is used, it must be properly bordered and contained to prevent the stone or rock from spreading into the yard or public right-of-way.

(4) Construction and Maintenance. Except for one-family and two-family dwellings, off-street parking facilities shall be constructed, maintained and operated in accordance with the following specifications:

(a) Drainage and Surfacing. They shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, or asphalt and maintained in proper condition, free of weeds, dust, trash and debris.

(b) Wheel Stops. They shall be provided with wheel stops or bumper stops so located that no part of parked vehicles will extend beyond the parking facility.

© Lighting. If they contain ten (10) or more cars, lighting shall be provided and maintained during their operation, and shall be so arranged that the source of light does not shine directly into adjacent residential properties or into traffic.

(d) Entrances and Exits. They shall have entrances and exists (exits provided and located so as to minimize traffic congestion and to prevent vehicles backing from the area into the roadway.

(e) Layout of Grade Level Facilities. If the total number of parking spaces in a grade level facility is more than two hundred (200) and the public is required to park its own vehicles (self-parking), blocks of parking spaces shall be established, each containing not more than two hundred (200) parking spaces. The limits of such blocks shall be defined by a raised curbed area six (6) inches in height and twelve (12) feet in width running the entire length of the block which shall be improved with either planting, concrete sidewalks or both. A raised curb shall also be constructed along the side of a block feeder roadway. A raised curb shall also constructed along the side of a block feeder roadway (one which feeds vehicle into blocks of parking spaces) at the head of and for the full width of every parking group.

Roadways within parking facilities composed of blocks of parking spaces shall have minimum width of twenty-four (24) feet, except as follows:

1. A block feeder roadway which feeds vehicles into blocks of parking spaces along both sides of such roadway shall have a minimum width of thirty-six (36) feet;

2. A store roadway (one which runs parallel and adjacent to the fronts of stores or other buildings having pedestrian access) shall have a minimum width of thirty-six (36) feet;

3. A group feeder roadway (one which feeds vehicles directly into parking spaces) shall have a minimum width of twenty-four (24) feet for ninety (90) degree parking, seventeen (17) feet for sixty (60) degree parking, eleven (11) feet for forty-five (45) degree parking, or ten (10) feet for thirty (30) degree parking;

4. A major roadway (one which provides the major circulation within a parking facility) shall have a width of thirty-six (36) feet or of forty-eight (48) feet, as required by the volume of traffic.

Parking facilities composed of blocks of parking spaces [shall be] accessible from group feeder roadways and from no other type roadway.

(f) Screening and Landscaping. All parking facilities within the City of Florence and the extraterritorial zoning jurisdiction shall be landscaped and screened in accordance with provisions outlined in Section VI(C), Off-Street Parking and Maneuvering Area Landscaping Requirements.

(g) Prohibition of Other Uses. Required off-street parking area shall not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies.

(h) Limitation on Size of Vehicles. In R-1 and R-2 Districts, off-street parking area shall be used only by vehicles up to eight thousand (8,000) pounds gross vehicle weight (manufacturer's capacity rating) and having wheels not to exceed seventeen (17) inches in diameter.

(I) Multiple-Level Parking Facilities. Parking facilities on more than one level shall be designed in accord with those standards set out herein for grade level parking facilities insofar as they are reasonably applicable. The design of such a multiple level facility shall be subject to approval of the planning commission with respect to layout, circulation, accommodations for pedestrians, and other characteristics, ingress and egress, affecting safety and convenience.

(5) Number of Spaces Required. At least the following amounts of off-street parking spaces shall be provided. The classifications of uses shall be deemed to include and apply to all uses, and if the classification of any use for the purpose of determining the number of parking spaces to be provided is not readily determinable hereunder, the classification of the use shall be fixed by the Board of Adjustment.

Dwelling, single-family.......................................... 2 spaces per unit

Dwelling, multi-family....................................... 2 spaces per unit, plus one an additional space for any unit with more than 2 bedrooms Hotels.................................................................. 1 space per guest room

Mobile home parks and trailer parks..................... 2 spaces per mobile home or trailer Hospitals and sanitariums.................................. 1.5 spaces per bed

Nursing homes.................................................... 1 space per 4 beds

Theaters; auditoriums, gymnasiums,................... 1 space per 3 seats

convention halls, stadiums

Churches.............................................................. 1 space per 4 seats

Funeral homes.................................................... 1 space per 3 chapel seats

Schools, elementary............................................ 2 spaces per teaching station Schools, senior high............................................ 1 space per 4 students

Colleges; Universities.......................................... 1 space per 3 students

Business Colleges; Trade Schools..................... 1 space per 3 students

Restaurants....................................................... 1 space per 43 sq. ft. of serving area, plus one space per each employee at peak shift

Furniture or appliance store, machinery,

equipment, automotive and boat sales

and service................................................ 1 space per 900 sq. ft. of gross floor area Retail Store, Personal Service Establishments;

Commercial Amusements; Offices; Repair

Shops; Medical and Dental Clinics; Libraries;

Art Galleries; Clubs; Lodges................................ 1 space per 300 sq. ft. of gross floor area General Service or Repair Establishments,

Printing, Publishing, Plumbing, Heating,

Electrical and Broadcasting.................................... 1 space per 2 employees

Industrial and Manufacturing Establishments;

Creamery; Bottling Plant; Warehouse and

Distribution Establishments............................ 1 space per 2 employees on maximum work shift

(6) Special plan for location of off-premises parking or sharing of off-premises parking facilities. Under the foregoing provisions of this ordinance, off-street parking spaces are required to be provided individually for each use or structure. Pursuant to the procedure hereinafter set forth and subject to certain limitations, the location of an off-premises parking facility or the sharing of off-premises parking by two (2) or more uses may be permitted.

(a) Limitations on sharing facilities. No use shall be considered individually having provided off-street parking facilities which are shared with one or more other uses unless the schedules of operation, taking into account peak requirements of all such uses, are such that none of the uses sharing the facilities require the off-street parking facilities at the same time as any other uses sharing them.

(b) Application for approval of special parking plan. An application for approval of a parking plan hereunder shall be filed with the planning department by the owner or owners of all land and structures for which off-premises or shared off-street parking spaces are to be provided. The application shall contain such information as is required by the planning department and shall include plans showing proposed off-premises or shared facilities in relation to the uses for which they are to be provided.

1. Review standards. Required parking for a development may be located off site under certain circumstances. Requests for off-site parking must meet the following requirements:

a. The off-site parking shall be located so that it will adequately serve the use for which it is intended. In making this determination the following factors, among other things, shall be considered:

(I) Proximity of the off-site parking facilities;

(ii) Ease of pedestrian access to the off-site parking facilities;

(iii) The type of use the off-site parking facilities are intended to serve, i.e., off-site parking may not be appropriate for high turnover uses such as retail;

(iv) Such space shall be conveniently usable without causing unreasonable:

1) Hazard to pedestrians;

2) Hazard to vehicular traffic;

3) Traffic congestion;

4) Detriment to the appropriate use of business property in the

vicinity;

5) Detriment to any residential neighborhood.

b. A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the off-site parking facilities for the use they are intended to serve.

c. The location of off-site facilities in relation to the use served shall be governed by the following provisions:

(I) Commercial uses. Parking facilities accessory to nonresidential uses may be located on other than the same site as the use served (off-site) if planning approval is obtained from the planning commission. All required parking spaces shall be within four hundred (400) feet of the use served. No parking spaces accessory to a use in a commercial district shall be located in a residential district.

1) Where required parking facilities are provided on land other than the site on which the building or use served by such facilities is located, they shall be and remain in the same possession and ownership as the site occupied by the building or use to which the parking facilities are accessory except that the Planning Commission may authorize the use of leased, off-site land for the provision of required parking in either of the following cases:

(aa) The term of the lease approximates the expected life of the building or use to which the parking facilities are accessory; or

(bb) The number of required spaces leased for a short term does not exceed twenty-five (25) percent of total number of required parking spaces, and the applicant acknowledges in writing that a failure to continuously maintain the total number of spaces required will compel the immediate reduction of the intensity of the use served to the extent necessary to bring it into full conformance with the parking requirements of this chapter.

© Review of applications. Applications hereunder shall be reviewed by the Planning Commission and either approved or disapproved within forty-five (45) days; approval may establish conditions and limitations.

(d) Filing of special plan. Upon approval of a special plan, a copy of such plan shall be filed among the records of the planning department and the building official and shall thereafter be binding upon the applicants, their heirs, successors and assigns; shall limit and control the issuance and validity of permits and certificates; and shall restrict and limit the use and operation of all land and structures, included within such special plans to all conditions and limitations specified in such plans and the approvals thereof.

(e) Amendment or withdrawal of special plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and filed, any special plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such special plan comply with all the conditions and limitations of the special plan and all land and structures withdrawn from such special plan comply with all regulations established by this ordinance and unrelated to the special plan.

(1) Provision of Off-Street Truck loading Required. The off-street truck loading facilities herein required shall be provided in at least the amount and maintained in the manner herein set forth; provided, however, that off-street truck loading facilities in excess of the amounts heretofore required by law need be neither provided nor maintained for structures annually used, occupied, and operated on the effective date of this ordinance unless, after the effective date of this ordinance, such structures are enlarged or expanded, in which event the structures hereby excluded shall not be used, occupied, or operated unless there is provided for the increment only of such structures, and maintained as herein required, at least the amount of off-street truck loading facilities that would be required hereunder if the increment were a separate structure.

(2) Size and location. For the purposes of this ordinance, there shall be considered to two sizes of off-street truck loading spaces, "large" and "small": Each "large" space shall have an overhead clearance of at least fourteen (14) feet, shall be at least twelve (12) feet wide, and shall be at least fifty (50) feet long, exclusive of access or maneuvering area, platform, and other appurtenances; each "small" space shall have an overhead clearance of at least ten (10) feet, shall be at least ten (10) feet wide, and shall be at least twenty (20) feet long, exclusive of access or maneuvering area, platform, and other appurtenances. 0ff-street truck loading facilities shall be located on the same building site on which the structure for which they are provided is located. Access, maneuvering area, ramps and other appurtenances shall be furnished off the street right-of-way and so arranged that vehicles are not required to back from the street into the area, nor required to back from the area into the street.

(3) Construction and Maintenance. Off-street loading facilities shall be constructed, maintained and operated in accordance with the following specifications:

(a) Drainage and Surfacing. They shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, or asphalt and maintained in good condition, free of weeds, dust, trash, and debris;

(b) Lighting. Lighting facilities shall be so arranged that the source of light does not shine directly into adjacent residential properties or into traffic;

© Entrances and Exits. They shall be provided with entrances and exits so located as to minimize traffic congestion or backing from the street into the area;

(d) Circulation. Where access and drives to off-street loading facilities occur in conjunction with off-street parking facilities that provide parking at street level for more than six hundred (600) cars provision shall be made to maintain separate circulation routes within such facilities.

(4) Number of Loading Spaces Required. At least the following amounts of off-street truck loading facilities shall be provided for all structures containing uses devoted to commerce, business, industry, manufacturing, storage, warehousing, processing, offices, professional purposes, hotels, hospitals, airports, railroad terminals and similar purposes; provided, however, that structures, other than structures in the Retail Core of Florence as shown on the Official Zoning Map, required to provide and maintain less than five off-street parking spaces shall be exempt from these requirements:

Sq. Ft. of Gross Floor Area Required No. Of Spaces

0 up to & including 12,500 1 (Small)

12,501 up to & including 25,000 2 (Small)

25,001 up to & including 40,000 1 (Large)

40,001 up to & including 100,000 2 (Large)

For each additional 80,000 over 100,000 1 (Large)

(5) Cooperative Establishment and Use of Facilities. Requirements for the provision of off-street truck loading facilities with respect to two or more structures may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common truck loading facility, cooperatively established and operated; provided, however, that the total number of spaces designated is not less than the sum of the individual requirements unless, in the opinion of the Building Official, a lesser number of spaces will be adequate, taking into account the respective times of usage of the truck loading facilities by the individual users, the character of the merchandise, and related factors. In order to eliminate a multiplicity of individual facilities, to conserve space where space is at a premium, and to promote orderly development generally, the Building Official is hereby authorized to plan and group off-street truck loading facilities cooperatively for a number of truck loading generators within close proximity to one another in a given area, and especially in the general business districts, in such manner as to obtain a maximum of efficiency and capacity, provided consent thereto is obtained from the participants in the cooperative plan.

© OFF-STREET PARKING and MANEUVERING AREA LANDSCAPING REQUIREMENTS

(1) Purpose. This section is designed to:

(a) Require planting and preservation of trees and other landscape elements to improve the appearance of commercial structures, off-street parking areas and promote the City of Florence as an attractive trade and service center;

(b) Establish criteria for off-street parking areas in order to protect and preserve the appearance, character and value of surrounding properties, and thereby promote the general welfare, safety and aesthetic quality of the City of Florence;

© Partition large off-street parking areas with planting islands and peninsulas;

(d) Insulate public rights-of-way and adjoining properties from noise, glare, overall visual impact and other distractions originating from off-street parking areas;

(e) Provide safer vehicle and pedestrian circulation within off-street parking areas and along public rights-of-way; and

(f) Protect streams and watercourse from excessive runoff and erosion, and replenish underground water reservoirs by using natural drainage and infiltration systems.

(2) Scope of Application. The provisions of this section apply to all developments within the corporate limits of the City of Florence and to the zoning jurisdiction of the municipality.

(a) General Requirements and Landscape Plans. A minimum of six percent (6%) of the total site area shall be landscaped in accordance with criteria outlined in this chapter.

The following landscaping criteria shall be adhered to:

- Interior Landscaping - A minimum of six percent (6%) of the total land area shall be landscaped as outlined in Section (C)(4)(d) and shall include requirements for Frontage and Perimeter landscaping. All interior landscaping shall be between the right-of-way and the primary structure.

-Frontage Landscaping - Frontage landscaping shall be required for all developments providing areas for parking or vehicular movement. Developments supporting up to fifty (50) parking spaces shall require Frontage and Interior landscaping only. Frontage landscaping requirements are outlined in Section (C)(4)(b).

- Perimeter Landscaping - In addition to Frontage and Interior landscaping, Perimeter landscaping shall be required for developments containing fifty-one (51) or more parking spaces. Perimeter landscaping requirements for developments containing fifty-one (51) to ninety-nine (99) spaces are outlined in Section (C)(4)(c)1. Perimeter landscaping requirements for developments containing one hundred (100) or more spaces are outlined in Section (C)(4)(c)2. Should the development abut an R-1, R-2, R-3, or R-B zoning district, the criteria outlined in section (C)(4)(c)4 shall pertain.

Note ---It is recommended that large shade trees be planted wherever feasible in or near off-street parking areas.

(b) Existing Off-Street Parking Areas. An off-street parking area which is in existence and does not conform to the provisions of this section may continue until such time as it is altered by more than fifty percent (50%) of its existing parking capacity, at which time a landscaping plan shall be submitted to the office of the building official for approval.

© Parking Decks. Only perimeter landscaping will be required for parking decks.

(d) Minimum Compliance. The requirements of this section are minimum standards.

(e) Exceptions. Single family dwellings shall be exempt from the provisions of this section. I-1 and I-2 Districts shall require Frontage Landscaping only, provided the building site does not abut an R-1, R-2, R-3, or R-B zone in which case Section (C)(4)(c)4 will apply.

(3) Definitions.

Approving Authority (for landscape plans). The Building Department of the City of Florence.

Berm. A planted or landscaped elevated ground area between two other areas, generally designed to restrict view and to deflect or absorb noise. Berms with ground cover that necessitate mowing shall have a slope not greater than one (1) foot of rise per three (3) feet of run.

Caliper. Trunk diameter of a tree used in landscaping, measured six (6) inches above ground for trees up to four (4) inch caliper and twelve (12) inches above ground for larger trees.

Crown. The branches and leaves of a tree or shrub, with the associated upper trunk.

Deciduous plants. Those that shed their leaves during their dormant season and produce new leaves the following growing season.

Evergreen plants. Those that retain their leaves during their dormant season.

Frontage landscaping. Treatment of grade, ground cover, vegetation and ornamentation between an off-street parking or maneuvering area and adjacent rights-of-way.

Ground cover. Plants, mulch, gravel and other landscape elements used to prevent soil erosion, compaction, etc.

Interior landscaping. Treatment of grade, ground cover, vegetation and ornamentation within an off-street parking or maneuvering area between the right-of-way and the primary structures.

Island. An interior landscaping feature surrounded on all sides by driving and/or parking surfaces.

Landscape element. A plant material (living or non-living) or an ornamental material (river rock, brick, tile, statuary, etc.) differentiated from surrounding off-street parking area surfacing materials.

Mulch. A material (pinestraw, bark chips, wood chips, etc.) placed on the ground to stabilize soil, protect roots, limit weed growth and otherwise promote tree and shrub growth by simulating the role of natural forest leaf-litter.

Mulch bed. An area, generally bordered by a retaining device, with a covering of mulch over the soil.

Off-street parking area. An area, other than on public right-of-way, designated for the parking and movement of vehicles.

Organic landscaping materials. Plants or nonliving materials made from plants. (pinestraw, bark chips, etc.)

Parking deck. A structure used for parking of vehicles and having one or more parking levels above the grade of the surrounding land.

Parking space. An area marked for the parking of one vehicle.

Peninsula. An interior landscaping feature attached on only one side to perimeter landscaping, buildings, etc., and surrounded on all other sides by off-street parking areas.

Perimeter landscaping. Treatment of grade, ground cover, vegetation and ornamentation between an off-street parking area and adjoining properties and/or rights-of-way, but excluding landscaping between an off-street parking area and buildings on the same property.

Shrub. A woody plant, generally multi-stemmed, of smaller stature than a tree.

Stem. See trunk.

Tree. A woody plant, generally with no more than one or two principal stems.

Trunk. A principal upright supporting structure of a tree or shrub.

Visibility triangle. An area of critical visibility between the heights of 2.5 feet and 8 feet above the street grade at an intersection in which landscaping is restricted in the interest of vehicular traffic safety. The visibility triangle will be determined by points twenty-five (25) feet from intersecting right-of-way lines with a straight line connecting such points.

(4) General Off-Street Parking Area Landscaping Requirements.

Landscaping of off-street parking areas shall be of three (3) types as described below, FRONTAGE LANDSCAPING, PERIMETER LANDSCAPING AND INTERIOR LANDSCAPING, and shall conform to landscape plans submitted and approved in accordance with the requirements of this section.

(a) Landscape Plan Requirements. A master site plan in sufficient detail to indicate the number of parking spaces, the overall amount of off-street parking area, frontage landscaping, perimeter landscaping and interior landscaping, shall be submitted and approved by the Building Department before issuance of a building permit.

For those developments requiring Planning Commission approval, the Planning Department shall furnish the Building Official with a copy of the proposed Landscape plan. The Building Official shall in turn review the Landscape plan and transmit, in writing, to the Planning Department his review for Planning Commission disposition.

Landscape plans submitted under this section shall include information as listed below:

1. General information, including date, north arrow and scale of one (1) inch to no more than fifty feet (50); all property lines, locations of all existing and proposed easements and rights-of-way; existing and proposed topography, drawn at a maximum contour interval of five (5) feet and indicating drainage channels; the names, addresses and telephone numbers of developers, architects, surveyors, engineers and owners of the property for which the plan is designed; and the name and business affiliation of the person preparing the landscape plans.

2. Construction information, including the locations of buildings and off-street parking areas; utility fixtures, 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 (square feet) of off-street parking area and intended surface treatments and the total amount (square feet) of interior landscaping in peninsulas and islands.

3. Landscaping details, including the locations, caliper, species (common name) and intended treatment (move, remove or save) of existing trees eight inches (8) or larger in caliper; locations, dimensions and treatments of all perimeter and interior landscaping areas (islands and peninsulas).

4. A schedule of all new and existing plants proposed for landscaping, 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 turfgrasses.

(b) Frontage Landscaping Requirements. Frontage and interior landscaping shall be required for all developments providing areas for parking or vehicular movement.

1. Planting areas existing in a public right-of-way shall not count toward the required Frontage landscaping strip.

2. The amount of Interior landscaping required shall include the required Frontage landscaping.

3. Frontage landscaping shall require a landscaped strip five (5) foot in depth between the street right-of-way and the parking area, or vehicular maneuvering area. This depth shall be increased to eight (8) feet where parking bays are located at the frontage strip.

4. For developments of five (5) or more acres with frontage of 250 feet or more, the Frontage strip shall be thirty (30) feet in width and bermed in order to minimize the visual impact of the off-street parking area, unless administrator determines that the natural topography does not require site to be bermed. The berm shall not have a slope of greater than one (1) foot of rise per three (3) feet of run, and shall not be less than four (4) feet in height at its apex. Landscaping of bermed perimeter strips shall be in accordance with all requirements as outlined in this section.

5. Frontage landscaping shall include a minimum of one (1) tree and six (6) shrubs per full forty (40) linear feet of the frontage strip; shrubs are optional in areas where a berm at least four (4) feet in height is used. Trees and shrubs shall be well distributed, though not necessarily evenly spaced.

6. Frontage Landscaping, at driveways and street intersections, shall have an area of visibility between the heights of 2.5 feet and 8 feet above the street grade to afford a clear line of sight in the interest of vehicular traffic safety. This area at street intersections is a visibility triangle as defined in Section (3) Definitions.

7. Should the development abut an R-1, R-2, R-3 or R-B district, the criteria outlined in Section (C)(4)(c)4 shall pertain with the exception that a solid, unbroken visual screen will not be required. Frontage landscaping required under these provisions shall be planted in accordance with (C)(4)(b)5.

© Perimeter Landscaping Requirements. In addition to Frontage and Interior landscaping, Perimeter landscaping shall be required for developments with fifty-one (51) or more parking spaces, or where parking or maneuvering areas abut R-1, R-2, R-3, or R-B districts. Landscaping shall be provided within the property lines between the development and adjoining properties. Planting areas existing on adjoining property shall not count toward the required perimeter landscaping strip.

1. Perimeter landscaping for developments containing fifty-one (51) to ninety-nine (99) spaces shall be at least five (5) feet in depth, excluding walkways, measured perpendicularly from the adjacent property to the back of curb.

2. Perimeter landscaping for developments containing one hundred (100) or more spaces shall be at least ten (10) feet in depth, excluding walkways, measured perpendicularly from the adjacent property to the back of curb.

3. Perimeter landscaping shall be planted in accordance with requirements for Frontage landscaping as outlined in section (C)(4)(b)5.

Note: Where a development is proposed adjacent to an existing commercial development, the respective property owners may make application to the Building Official for common access through the required perimeter strip. This application must be in writing from all property owners involved and be accompanied by a revised landscaping plan illustrating the proposed strip modifications.

4. A development adjacent to an R-1, R-2, R-3 or R-B district shall have a twenty (20) foot landscaped buffer for developments requiring Perimeter Landscaping. All other developments adjacent to an R-1, R-2, R-3 or R-B district shall have a ten (10) foot landscaped buffer area. All landscaped buffer areas required under this section shall consist of a solid unbroken visual screen, eight (8) feet high within two years of planting, and in sufficient density to afford protection to the residential districts from the glare of lights, from blowing paper, dust and debris, from visual encroachment and to effectively reduce the transmission of noise. A perimeter buffer area shall be maintained in a clean and neat condition.

5. At the option of the developer, application may be made to the Building Official for the following reductions of the required landscaped buffer adjoining R-1, R-2, R-3 and R-B districts.

a. Developments of up to fifty (50) parking spaces: Provided a wooden fence eight (8) feet high is constructed at the property line to obstruct view from adjoining properties, the required buffer may be reduced to five (5) feet where parking bays are proposed, and three (3) feet where maneuvering area only is proposed. The strip area between the fence and the parking or maneuvering area shall be planted in accordance with Section (C)(4)(b)5.

b. Developments of fifty-one (51) or more parking spaces: Provided masonry wall eight (8) feet high is constructed at the property line to obstruct view from adjoining properties, the required buffer may be reduced to eight (8) feet. The strip area between the wall and the parking or maneuvering area shall be planted in accordance with Section (C)(4)(b)5.

(d) Interior Landscaping Requirements. Planting islands and/or peninsulas shall be provided for all parking areas subject to these regulations with percentages, dimensions and arrangement as given below:

1. The required amount of interior landscaping shall be minimum of six percent (6%) of the total land area. All interior landscaping shall be between the right-of-way and the primary structure.

2. Each island or peninsula, to count toward the total interior landscape requirements, shall be at least one hundred (100) feet in area; however, the maximum contribution of any individual island or peninsula to the total interior landscaping requirement shall be five hundred (500) square feet.

3. Island and peninsulas must be at least six (6) feet in their least dimension, measured from back of curb to back of curb.

4. Islands and peninsulas in off-street parking areas shall be as uniformly distributed as practicable, to subdivide large expanses of parking areas, to regulate traffic flow, to protect pedestrians, and to permit access by emergency vehicles. When practicable, islands and/or peninsulas shall 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.

5. The interior landscaped area shall contain at least an average of one (1) tree and four (4) shrubs per one hundred (100) square feet of landscaped area. Each island or peninsula shall contain at least one (1) tree.

6. Required interior landscaping shall not include the area of any plantings against the primary structure.

(e) Plant Materials and Installation Requirements.

1. Trees and Shrubs. All trees and shrubs planted (in addition to any existing trees allowed under "Existing Plant Materials") in required perimeter and interior landscaped areas shall:

a. For trees: Be of species other than those determined by this section as unacceptable for parking lot landscaping.

b. For trees and shrubs: Conform to the minimum size standards in Table 1, based on the American Standard for Nursery Stock, ANSI Z60.1-1990, published by the American Association of Nurserymen and approved by the American National Standards Institute on October 27, 1980, as follows:

Type 1, Shade Trees 1.5'-2.5' caliper, 12' height

(e.g., red maple,tulip range with 16' max. height

poplar, oaks)

Type 2, Shade Trees e.g. 1.5" caliper,6'8" TO 8' height

Goldenrain tree, Southern range, with 9'4" max. height

Magnolia)

Type 3, Small Upright Trees 1" caliper, 6' to 7' height

(e.g., Crabapple) range

Type 4, Small Spreading 5' to 6' height range

Trees, (e.g., Flowering

Dogwood, Star Magnolia)

Type 5, Pyramidal (e.g. 5' to 6' height range

Deodar Cedar, Pine species

All classes - Perimeter landscaping:15" min. height

Interior landscaping: 15" min. height or 15" min. spread

c. (for trees and shrubs) Be planted within a bed of mulch or ground cover other than turfgrass, and be protected by some barrier to damage from vehicles and maintenance equipment.

d. (for trees) Be spaced no closer than ten (10) feet to count toward the required ratio between perimeter and number of trees; such trees need not be evenly spaced along perimeter landscaping areas, and trees in excess of the minimum requirements may be closer than ten(10) feet apart .

2. Grass or other permanent ground cover shall be installed and maintained on all parts of each landscaped area.

a. Effective measures shall be taken to control erosion and stormwater 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.

Ground cover may also include non-living organic materials such as bark or pinestraw and inorganic materials such as pebbles, crushed rock, brick, tile and decorative blocks; however, inorganic materials shall not make up more than ten (10) percent of the landscaped area.

3. Installation Requirements:

a. Required landscaped areas adjacent to parking areas shall be protected by fixed vertical curbing along all sides exposed to parked or moving vehicles.

b. When possible, trees should be located on extensions of parking stall lines to minimize bumper, exhaust and engine heat damage to trees.

c. The maximum recommended distance from any part of a required landscaped area to the nearest hose bib or other irrigation water supply fixture shall be one hundred fifty (150) feet, except where built-in irrigation systems are provided.

d. Synthetic or artificial material in imitation of trees, shrubs, turf, ground covers, vines or other plants shall not be used in lieu of plant requirements in this ordinance.

e. Hedges, walls and berms are encouraged to help minimize the visual impact of off-street parking areas. Berms with ground cover that necessitate mowing shall have a slope not greater than one foot of rise per three (3) feet of run.

f. 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 stems, and foster tree health.

g. Planting dates recommended by the City are shown in Table 2.

Table 2 -- Recommended Planting Dates

Non-Container-grown Oct.1 - April 1

deciduous

Non-container-grown, Oct.1 - April 1

other

Container-grown, all Year-round-if suitable precautions are taken to protect the planting stock from extremes of moisture and temperature; if there is doubt, obtain a variance or a performance bond.

h. 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, and storm and sanitary sewer lines.

(f) Credit for Existing Plant Materials. Each existing tree meeting the following criteria may count, at the option of the owner, for two (2) of the trees in its class (interior of perimeters) required in this section if other landscaping requirements are met, and if it:

1. has a minimum caliper of three (3) inches;

2. is at least four (4) feet from the nearest planned curb and is within a planned planting of at least one hundred (100) square feet;

3. has a live crown at least thirty (30) percent 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. is 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; and

6. is not one of the following species hereby determined to be unacceptable for parking lot landscaping.

LARGE TREES MEDIUM TREES

Boxelder Camphor

Silver maple Cutleaf European birch

Tree-of-Heaven Silktree (mimosa)

Catalpa Chinaberry

Cottonwood Yellowwood

True poplars Mulberry

Eastern redbud

Native elms Princesstree (Paulownia)

(American, winged, Slash Pine

cedar, slippery & Eastern White Pine

September willows) Sassafras

Colorado Blue Spruce Siberian Elm

Red Spruce

Live Oak

Laurel Oak SMALL TREES

Sumac

(g) Required Maintenance. The owner, lessee, or his agents shall be 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 shall be replaced during the next appropriate planting period.

(h) Notice of Installation. Upon the beginning of installation of plant materials required by this section, the property owner or developer shall notify the Building Department. The Building Department will require correction of conditions contrary to the requirements of this section and replacement of plant materials that are dead, diseased, damaged or planted so as to kill or injure the plants.

(I) Guarantees of Performance. No certificate of occupancy shall be issued until the provisions of this section have been met or a performance bond, an irrevocable letter of credit or a certified check has been posted, When circumstances preclude immediate planting, a certificate of occupancy may be granted after (1) the owner or developer has completed all curbing, irrigation systems and other construction preliminary to planting; (2) the property owner or developer posts a performance bond, an irrevocable letter of credit or a certified check with the Building Department in an amount equal to one hundred (100) percent of the cost of the total required planting, including labor. Selected surety shall be made payable to the City of Florence. Landscaping must be completed and approved within six (6) months (180 calendar days) after a certificate of occupancy is issued in order to redeem the bond.

(j) Annual Inspection. The City of Florence Building Department or the City's designated agent shall visit the development once a year to ensure the required landscaping is in accordance with the approved plan. Failure of the developer or owner to comply with the approved landscaping plan and/or failure to provide necessary maintenance of such shall be deemed a violation of the zoning ordinance and be subject to penalties as outlined in Section VIII(A)(4).

(D) STORMWATER DETENTION.

(1) Stormwater detention shall be provided for all parking facilities within the City of Florence and the extraterritorial zoning jurisdiction. The final design of the stormwater detention plan shall be approved by the city engineer, and shall be in accordance with the Code of the City of Florence; Appendix A. Subdivision Regulations, Section III. Design standards, subsection (B)(12), Stormwater Detention.

(2) No building permit will be issued until the aforementioned provisions are addressed to the satisfaction of the city engineer.

The planned residential development single-family regulations of the zoning ordinance are intended to encourage design flexibility, efficient public services and facilities, open space preservation, and promote ownership of single-family residences. The minimum P.R.D. area shall be one acre.

Single-family residences will be permitted in a P.R.D. Planned Residential Developments will be permitted subject to planning approval in R-1 single-family / conventional lot, or R-2 single -family/small lot districts.

(1) Preliminary Development Plan. The preliminary development plan shall be reviewed and approved by the city planning department.

(a) Content of preliminary plan. The preliminary development plan shall contain the following information:

1. The applicant's name, address and interest in the application;

2. A site plan, which may be in sketch form, showing the land area to be occupied by the P.R.D., its approximate dimensions, easements and rights-of-way, the relations of the P.R.D. to adjoining properties, the general layout of buildings, the arrangement of driveways, parking area and any other prominent land features such as watercourses, etc., walks, screen planting and other landscaping, all existing trees and such additional information as may be needed to describe the proposed building group. Elevation and perspective sketches of the proposed P.R.D. may be submitted.

(b) Action on preliminary plan. Upon receipt of a preliminary plan, the planning department shall examine the plan and within forty-five (45) days of receipt of an application and shall approve or disapprove the preliminary plan; approval may establish conditions and limitations of the approval or disapproval of the plan.

© Effect of approval. Approval of a preliminary plan shall not constitute approval of the P.R.D. but shall be deemed only as an expression of approval of the preliminary plan submitted as a guide to preparation of the general plan. Approval of a preliminary plan shall be void if a final plan has not been submitted within one year of original application.

(2) General Development Plan. The general development plan shall be submitted to the planning commission and must meet the following provisions:

(a) Content of general plan. The general development plan shall contain the following:

1. The applicant°s name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the name of the owner or owners of the entire land area to be occupied by the P.R.D.

2. A site plan showing the land area to be occupied by the P.R.D., with its boundaries and dimensions; all public and private easements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties; all existing and proposed public utilities and public facilities serving the P.R.D.; the location of buildings and the use of the land on adjoining properties; proposed contours not to exceed two-foot intervals and necessary finished grades; the location, number of stories and gross floor area of proposed principal buildings and accessory buildings: driveways, off street parking areas and walks; open areas to be set aside for special purposes: all screen planting; the types of paving or other surfacing to be used in the various areas; and such additional information as may be necessary to describe completely the proposed P.R.D.

3. A statement of planning objectives to be achieved by the P.R.D. through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development.

4. A development schedule indicating the approximate date when construction of the P.R.D. or stages of the P.R.D. can be expected to begin and be completed. A project schedule must also be submitted giving time schedules for public improvements, landscaping, etc.

5. A statement of the applicant's intentions with regard to the future selling of all or portions of the P.R.D., such as land areas, dwelling units, etc.

6. Quantitative data for the following: total number and type of dwelling units; parcel size; proposed site coverage of buildings and structures; approximate gross residential density; total amount of open space; and any other studies required by the planning commission.

7. Elevation or perspective drawing of the proposed structures within the P.R.D. shall be submitted.

8. Architectural style shall be limited to one period or design motif for attached units and restricted to three (3) or four (4) natural building materials such as wood, brick, stucco, asphalt or wood shingles. The same type brick shall be used throughout any attached unit building group. Color scheme shall harmonize with basic building materials. Architectural features such as turned columns, shutters and relief details shall be the same for each building group. Samples of architectural information shall be submitted for review along with drawing of proposed structures.

(b) Action on general development plan. Upon receipt of a general development plan the planning department shall examine the plan and make such investigation as is necessary. Within thirty (30) days of the receipt of an application, the planning , department shall transmit the application, together with a report and recommendations, to the planning commission. The planning department shall also transmit a copy of the application to any department or agency which might be affected by, the approval of the application and such department or agency shall

transmit its report and recommendations to the planning department. The planning commission may elect to hold a public hearing prior to approving a general development plan.

© Effect of approval. Approval of a general plan is an indication to the applicant that the plan conforms with city requirements for a P.R.D. Approval of a general plan shall be void if a final plan has not been submitted within one year of original application.

(3) Final Development Plan. The final development plan shall be reviewed by the planning commission and must meet the following provisions:

(a) Content of final plan. The final development plan shall contain the following information:

1. All information provided in the general development plan including all revisions and recommendations of the planning commission concerning documentation and the site plan. This shall include detailed forms for all plans submitted in the general development plan.

2. All public dedication documents must be submitted with the final development plan.

3. All documentation concerning perpetual maintenance of common area shall be submitted.

4. A performance bond or surety for cost or escrow fund for all public improvements must be submitted with the final development plan.

5. Engineering plans for all proposed public improvements must be submitted prior to final approval.

(b) Action on final development plan. Upon receipt of a final development plan the planning department shall examine the plan and within thirty(30) days the planning department shall transmit the plan together with a report and recommendations, to the planning commission. If the planning commission does not approve a final development plan, their specific reasons for disapproval should be stated in writing and made part of the public record, as well as presented to the developer. Approval of the final development plan gives the plan final subdivision approval.

© Filing and recording the final development plan. Upon approval of the final plan, a copy of the site plan shall be filed among the records of the planning department and building department, and the original thereof recorded in the office of the probate court of Lauderdale County and shall thereafter be binding upon the applicants, their heirs, successors and assigns, shall limit and control the issuance and validity of permits and certificates, and shall require that no permit be issued without planning department approval, and shall restrict and limit the use and operation of all land and structures within the area designated in such plan to all conditions and limitations specified in such plan and the approval thereof; provided, however, that the planning department may, upon a showing of technical necessity therefor, permit minor changes in the location of structures and site improvements, if such minor changes will not change the character of the development, or otherwise cause the plan to fail to meet the conditions specified herein.

(d) Amendment to the final development plan. Minor changes in location, siting or character of building and structures may be authorized by the planning department if required by engineering or other circumstances not foreseen at the time the final development plan is approved. No change authorized by the planning department under this section may increase the size of any building or structure by more than ten (10) feet in any direction; provided, notwithstanding anything in the foregoing, the planning department may not permit changes beyond the minimum and maximum requirements set forth in this section; all other changes in the P.R.D., including changes in the site plan and in the development schedule must be made under the procedures that are applicable to the initial approval of a planned unit.

(D) PLANNED RESIDENTIAL DEVELOPMENT DESIGN STANDARDS

The following design standards are intended to give the planning commission minimum controls relating to health, safety and amenity within a P.R.D.

(1) Density. The density requirements for a P.R.D. shall correspond with the density requirements established in the zoning chapter for R-I single-family / conventional lot and R-2 single-family / small lot districts. P.R.D. property zoned R-I will require ten thousand (10,000) square feet per unit, while P.R.D. property zoned R-2 require seven thousand two hundred (7,200) square feet per unit.

(2) Building Site Coverage. P.R.D. site coverage requirements correspond with zoning chapter requirements. If the P.R.D. is zoned R-I, maximum building site coverage by all buildings shall be thirty-five (35) percent. If the P.R.D. is zoned R-2, maximum building site coverage by all buildings be forty-five (45) percent. In a P.R.D., "site" is defined as the entire tract or parcel of land being developed as a P.R.D.

(3) Building Height Limits. P.R.D. building height limits will correspond with zoning chapter requirements. If the P.R.D. is zoned R-1, maximum building height will be thirty-five (35) feet. If the P.R.D is zoned R-2, maximum building height will be forty-five (45) feet.

(4) Yards Required. P.R.D. shall be exempt from the front, side and rear yard setback requirements of the zoning chapter. The following provisions shall apply to a P.R.D.:

(a) P.R.D perimeters. Where a P.R.D. borders an existing R-1, R-2, or R-3 zone a minimum of sixteen (16) feet along the perimeter shall be developed as landscaping. The sixteen-foot setback is required along the perimeter for building and parking. This sixteen-foot area must be landscaped. Brick walls may be required when rears or sides of buildings face public right-of-way on adjoining single-family development. The perimeter landscaping will not be needed if the adjoining property is public street right-of-way. All parking must use the front yard setback of twenty-five (25) feet or thirty (30) feet as required in Section VII.

(b) Adjoining development. Where a P.R.D. borders or is across the street from an existing R-1 or R-2 development, the P.R.D. front yard setback shall be the same as the front yard setback for said existing R-1, R-2 or R-3 development.

© Visibility at intersection. See Section IV(D)(4), Visibility at intersections.

(d) Building separation. Individual units may be constructed to the property line. Minimum distances between individual structures shall be five (5) feet or to the property line.

(5) Parcel Size. The minimum parcel size for a P.R.D. shall be one (1) acre. No maximum parcel size is specified.

(6) Open Space. Open space serves three (3) functions in a P.R.D.: it provides areas for active and passive recreations adjacent to dwelling units and preserves natural site amenities within a P.R.D.

(a) Amount of open space required. Open space includes all portions of a site not occupied by structures, streets, driveways and parking spaces. A minimum of twenty (20) percent of the open spaces in a P.R.D. must be developed for active or passive recreation facilities. These facilities should be highly accessible to all the residents within the P.R.D. and not located in one corner of the development.

(b) Open space ownership. Three (3) types of ownership will be permitted in a P.R.D.:

1. Public ownership open space is dedicated in fee to the City of Florence; the open space is then operated and maintained by the city and is open for public use.

2. Common ownership open space is owned and maintained in common by all the residents in a P.R.D. through a homeowner's association.

3. Private ownership open space is generally a small parcel of land located immediately adjacent to an individual dwelling unit, owned and maintained by its residents and reserved exclusively for their use.

© Open space maintenance. Private open spaces are maintained by their owners. Public open spaces which are dedicated to the city are maintained by the city. Common open spaces must be maintained by the homeowner's association. The developer must file a declaration of covenants and restrictions that will govern the homeowner's association. The following provisions must be included:

1. The homeowners association must be set up before the homes are sold;

2. Membership might be mandatory for each home buyer and any successive

buyer;

3. The open spaces restrictions must be permanent, not just for a period of years;

4. The association must be responsible for liability insurance, local taxes and

the maintenance of recreational and other facilities;

5. Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property;

6. The association must be able to adjust the assessment to meet changed needs.

(d) Open space infringement. To insure that open spaces cannot be developed or infringed upon a restrictive covenant must be filed by the developer at the time the P.R.D. is given final approval. The covenants run with the land and are enforceable upon all future residents of the P.R.D. The following provisions must be incorporated into restrictive covenants:

1. Common open space shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements running with the land for the benefit of residents of the planned residential development;

2. The developer must file in the office of the city planning commission, at the time the proposed final subdivision plat is filed, legal documents which will produce the aforesaid guarantees and in particular, will provide for restricting the use of common spaces for the designated purposes;

3. All lands so conveyed (to the city or the homeowner's association) shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space.

(7) Environmental Design. A general landscaping plan shall be required at the time of general development plan review to be followed by a detailed landscaping plan to be submitted along with the final development plan. The general plan must include spacing, planting schedule, sizes and specific types of landscaping materials. Existing trees shall be preserved wherever possible. The site plan shall be so designed as to minimize disturbance of topographical amenities such as trees, natural watercourses, etc. The developer must show the means whereby trees and other natural features will be protected during construction. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations will not be permitted.

(8) Traffic Circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within P.R.D.'s shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. The pedestrian circulation system and its related walkways shall be designed as reasonable as possible to separate pedestrian and vehicular movement.

(9) Streets. All streets within a P.R.D. are to be publicly owned and maintained after acceptance by the city. The following table gives widths to be permitted in a P.R.D.:

Place Lane Subcollector Collector Arterial*

Service V. Light Light L. Traffic Local & Through

Traffic(ADT) 0-75 75-200 200-1,000 & Through 3,000+

1,000-3,000

Pavement width,

in feet

- No parking 16 18 20 28

- Pkg.- 1 side 18 18 26 36

- Pkg.- 2 sides 26 26 36 40

- Right-of-way

width,in ft. 24-30 24-30 44-50 44-60

- Sidewalks None None One or both One or both

- Provision for

widening No No No Yes

- Percentage of

street slope 0.5 0.5 0.5 0.5

22 22 10 8

- Sight distance

in feet 75 125 250 350

- Maximum

speed,

in mph 15 20 25 35

* Arterial streets are usually designed and constructed by state highway departments and are designed to accommodate specific traffic, weather and other factors.

ADT (average daily traffic) is used as a measure of number of vehicles using a road during an average twenty-four hour period, but does not account for the peak load. Design hourly volume (DHV) which considers peak loads, would be a better measure for that purpose.

Values shown are typical. Local conditions may require variations in pavement widths.

Values shown are typical. Local climate conditions may require some variation.

Lack of specific requirements may make sidewalks on one or both sides of subcollectors and collectors unnecessary.

Requirement of future widening should be assessed during the early design stages and based on total and potential development of the area.

Values shown are typical. Topographic and climate conditions may require variations.

Street construction standards will be the same for P.R.D. as are currently used by the

city including curbs and gutters.

(10) Parking Standards. Parking requirements for P.R.D.'s will conform with zoning chapter parking requirements. Parking may be on-street and off-street. No more than twelve (12) spaces may be lined together without a landscaping divider. Landscaping dividers must be a minimum twelve (12) feet wide. All portions of parking lots not used for parking or public right-of-way must be grassed or planted.

(a) For each dwelling unit, there shall be off-street parking spaces consisting of not less than two hundred (200) square feet each.

(b) Parking areas shall be arranged so as to prevent through traffic to other parking areas.

© Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms, changes in grade or walls.

(d) No more than sixty (60) parking spaces shall be accommodated in any single parking area.

(e) All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.

(f) All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.

(1) Failure to Begin Development. If no construction has begun in the P.R.D. within twelve (12) months from the approval of the P.R.D. and recording of documents, said approval of the P.R.D. shall lapse and be of no further effect and no building permits shall be issued. The planning commission, upon showing of good cause by the developer, may extend for a period of twelve (12) months the time for beginning construction. The applicant must begin and substantially complete the development of the P.R.D. within two (2) years from the time of its final approval. If the P.R.D. is to be developed in stages, the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the start of construction of each stage in the development schedule. If the applicant does not begin and substantially complete the P.R.D. or any stage of the P.R.D. within the time limits imposed by this section, the planning department shall review the P.R.D. and may recommend that the time for completion of the planned unit be extended, that the approval of the P.R.D. be revoked, or that the planned unit be amended. The planning department's recommendation shall be subject to the procedures authorized by Section V(C)(2) governing the approval of an initial application for a planned unit.

(2) Development Stages. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreation facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the planning commission. At no time during construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved conditional use permit. Variations from the approved project schedule shall be approved by the planning commission. Failure to conform with the project schedule will result in a stop work order to be issued by the building official.

(1) Existence of Nonconformities. Within the districts established by this ordinance or amendments that may later be adopted, there exist (1) structures, (2) uses of land and/or structures, and (3) characteristics of use which were lawful before the effective date of this ordinance or of amendment thereto, but which would be prohibited, regulated or restricted under the terms of this ordinance or of future amendment. It is the intent of this ordinance to permit these Nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this ordinance that Nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be

extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would be prohibited generally in the district involved.

(2) Construction Begun Prior to Ordinance. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this ordinance or of amendment thereto and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(1) Continuance. Where a lawful use of land exists on the effective date of this ordinance or of amendment thereto, which use would not be permitted by the regulations imposed by this ordinance or by amendment thereto, and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful.

(2) Enlargement. No such nonconforming use shall be enlarged or increased; nor extended to occupy a greater area of land than was occupied on the effective date of this ordinance or of amendment thereto. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(3) Extension or Movement. No such nonconforming use shall be extended or moved to any portion of the premises or parcel of land other than that occupied by such use on the effective date of this ordinance or of amendment thereto.

(4) Change in Use. No such nonconforming use of land shall be changed to any other nonconforming use.

(5) Cessation. If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

(1) Continuance. Where a lawful structure exists on the effective date of this ordinance or of amendment thereto and which structure could not be built under the terms of this ordinance or amendment thereto by reason of restrictions of area, building site, coverage, height, yards, location on the building site, or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful.

(2) Enlargement. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(3) Movement. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(4) Replacement. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

(1) Continuance. Where a lawful use of a structure, or of structures and premises in combination, exists on the effective date of this ordinance or of amendment thereto, which use would not be permitted by the regulations imposed by this ordinance or by amendment thereto, and where such structures have a replacement cost of $1,000 or more, the use may be continued so long as it remains otherwise lawful.

(2) Enlargement. No existing structure devoted to a use not permitted by this ordinance or by amendment thereto in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(3) Extension. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use on the effective date of this ordinance or of amendment thereto, but no such use shall be extended to occupy any land outside such structure.

(4) Change in Use. If no structural alterations are made, any nonconforming use of a structure, or of structures and premises in combination, may as a special exception be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

In any structure, or structure and premises in combination; where a nonconforming use is superseded by a permitted use, no nonconforming use shall thereafter be resumed.

(5) Cessation. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 6 consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(6) Replacement. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this section is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction.

(1) Continuance. Where lawful characteristics of use, such as off-street parking and loading, lighting, or other matters pertaining to the use of land, exist on the effective date of this ordinance or of amendment thereto, which characteristics would not be permitted by the regulations imposed by this ordinance or by amendment thereto, the characteristics of use may be continued so long as they remain otherwise lawful.

(2) Change in Characteristics of Use. No change shall be made in such characteristics of use which increases nonconformity, but change may be made which decreases such nonconformity.

(1) Ordinary Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any 12 consecutive months on ordinary repairs, or on repair and replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10% of the current replacement cost of the nonconforming structure or the portion of the structure, as the case may be, provided that the cubic content existing when the structure or portion thereof became nonconforming shall not be increased.

(2) Unsafe Structures. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(G) USES REQUIRING PLANNING APPROVAL AND SPECIAL EXCEPTION USES.

(1) Existing Uses. Any lawful use existing on the effective date of this ordinance or of amendment thereto, and which would be required to have planning approval or would be a special exception use under the terms of this ordinance or amendment thereto, is, without further action, conforming under these provisions.

(2) Authorized Uses. Any lawful use which is permitted with planning approval or as a special exception use under the terms of this ordinance (other than a change through Board of Adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district but shall, without further action, be considered a conforming use.

SECTION VIII. ADMINISTRATION AND ENFORCEMENT

(1) Building Official - Duties. The Building Official shall administer and enforce this ordinance. In carrying out his duties under this ordinance, the Building Official shall:

(a) Applications. Receive all applications for Building Permits, Certificates of Zoning Compliance, Amendment, Planning Approval, Special Plans, Special Exceptions and Variances, review and approve such applications or refer them to the Planning Commission or Board of Adjustment as required herein, and make necessary certifications and issue the necessary certificates and approvals;

(b) Zoning Map. Maintain the Official Zoning Map showing the current classification of all land;

© Records. Maintain records of all actions taken under this ordinance;

(d) Hearings. Represent the municipality in all public hearings before the Planning Commission, the Board of Commissioners, and the Board of Adjustment and present facts and information to assist the Commission or Board in reaching a decision consistent with the provisions of this ordinance;

(2) Permits, Certificates and Licenses. No building or other permit, certificate or other document of approval, or license, the use of which may be subject to the provisions of this ordinance shall be issued by any department, agency or board of the municipality until the Building Official shall have certified that the use to be made of the permit, certificate or other document, or license, is in compliance with the provisions of this ordinance.

(a) Building Permit. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this ordinance unless he receives a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance, as provided by this ordinance.

(b) Certificate of Zoning Compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Building Official stating that the proposed use of the building or land conforms to the requirements of this ordinance.

No nonconforming use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the Building Official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance.

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.

A temporary certificate of zoning compliance may be issued by the Building Official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

© Plans Required. Unless furnished with the application for a building permit, each application for a certificate of zoning compliance shall be accompanied by a site plan, in duplicate and drawn to scale, showing the locations and dimensions of existing and proposed structures with supporting open facilities, the ground area to be provided and continuously maintained for the proposed structure or structures. The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed uses of the building and land, the number of dwelling units the building is designed to accommodate; and such other matters as may be necessary to determine conformance with the requirements of this ordinance.

One copy of the plans shall be returned to the applicant by the Building official, after he shall have marked such copy either as approved or disapproved and attested to such approval or disapproval by his signature on such copy. One copy of the plans, similarly marked, shall be retained by the Building Official.

(3) Planning Approval and Special Exception Uses. The following procedure shall be followed in processing applications for uses requiring planning approval or for special exception uses:

(a) Application for planning approval. Within 10 days of the receipt of an application, the Building Official shall transmit the application, together with the proposed site plan, to the Planning Commission. At its regular meeting, but in any event within 45 days of receipt of such application by the Building Official, the Planning Commission shall approve or disapprove the application as to location and site plan. Approval may establish conditions and limitations with respect to the site plan. The Planning Commission shall then return the application, together with its report of approval or disapproval, to the Building Official and the Building Official shall notify the applicant;

(b) Application for special exception. Within 10 days of the receipt of an application, the Building Official shall transmit the application, together with his report recommendation, to the Board of Adjustment, which shall process the application in accordance with its procedure under state law and applicable provisions of this ordinance. At the same time, the Building Official shall transmit a copy of the application, together with the proposed site plan, to the Planning Commission. If reasonably practicable, at its next regular meeting, but in any event within 45 days of receipt of such application, the Planning Commission shall approve or disapprove the application as to location and site plan. Approval may establish conditions and limitations with respect to the site plan. The Planning Commission shall then return the application, together with its report of approval or disapproval, to the Building Official who shall transmit it immediately to the Board of Adjustment. If the Planning Commission approves the location and site plan, the Board of Adjustment shall approve or disapprove the application in accord with its rules and procedures.

(4) Enforcement: Violations and Penalties. The Building Official shall enforce this ordinance. He may be provided with the assistance of such other persons as the City Council may direct.

(a) Violations. If the Building Official shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation,indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, building or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the Building Official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this ordinance.

(b) Penalties. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violation of conditions and safeguards established inconnection with, grants of variances, special exceptions or planning approval) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 10 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(5) Schedule of Fees, Charges and Expenses. The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits; certificates of zoning compliance; appeals; applications for amendment, approval of special plans, planning approval, special exception; and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the Building Official and may be altered or amended only by the City Council.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(1) Establishment and Procedures. A Board of Adjustment is hereby established in accordance with Code of Ala. 1975, 11-52-80. The Board shall consist of five members, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(a) Proceedings. The Board of Adjustment shall adopt rules for the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

(b) Hearings; appeals; notice. Appeals to the Board of Adjustment concerning interpretation or administration of the ordinance may be taken by any person aggrieved or by any officer, department, or agency of the city affected by any decision of the Building Official. Such appeals shall be taken within a reasonable time, but not to exceed 30 days, by filing with the Building Official and with the Board of Adjustment a notice of appeal specifying the ground thereof. The Building Official shall transmit forthwith to the Board all papers constituting the record upon which the action appealed from was taken.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any person may appear in person or by agent or attorney.

© Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificates a stay would, in his opinion cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Building Official, and on due cause shown.

(2) Powers and Duties. The Board of Adjustment shall have the following powers and duties:

(a) Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this ordinance.

(b) Special Exceptions; Conditions Governing Application. To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny specific exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the Board of Adjustment unless it shall find that all of the following conditions exist:

1. That it is empowered under the section of this ordinance described in the

application to grant the special exception;

2. That the granting of the special exception will not adversely affect the public interest;

3. That specific rules governing individual special exceptions, as set out in the Chart of Permitted Uses, have been or will be complied with;

4. That satisfactory provision and arrangement has been made concerning the following where applicable;

a. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

b. off-street parking and loading areas where required, with particular attention to items in (a) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;

c. refuse and service areas, with particular reference to the items in (a) and (b) above;

d. utilities, with reference to location, availability, and compatibility;

e. screening and buffering with reference to type, dimensions and character;

f. signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

g. required yards and other open space; and

h. general compatibility with adjacent properties and other property in the district.

5. That the special exception will be in harmony with the general purpose an intent of this ordinance.

© Variances; Conditions Governing Applications. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be control to the public interest where, owing to special conditions and circumstances, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless it shall make specific findings that all of the following conditions exist.

1. That the applicant has demonstrated by written application:

a. that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b. that the special conditions and circumstances do not result from the actions of the applicant;

c. that an unnecessary hardship is created by the physical character of the property and is peculiar and unusual to such an extent that it is evident that amendment of the Zoning Ordinance does not offer a reasonable solution;

d. that literal interpretation of the provisions of thus ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. Among such rights commonly enjoyed is [the] right to a reasonable economic return, but such return shall bee deemed reasonable if it is equivalent to the economic return which might generally be expected in the district and shall not be based on price paid for the property by the applicant, whether or not paid in reliance on zoning, since any hardship of this kind would be self inflicted and generally applicable to other properties in the district for which similar price have been or might be paid, rather than to the property of the applicant alone;

e. that the granting of the variance will not confer on the applicant any special privilege that is denied by thus ordinance to other lands, structures, or buildings in the same district, other than to permit the applicant to use his property in a manner as nearly equivalent to uses generally permitted in the district as can be allowed with appropriate protection of general public interest, and considering the peculiar and unusual conditions and circumstances involved and the hardship created by such conditions and circumstances; and

f. that the use proposed is permissible by right or with planning approval or by special exception. With respect to the uses of land or structures, this ordinance is declared to be a definition of the public interest and intent; and the spirit of the ordinance will not be observed by any variance permitting use not permissible by right or with planning approval or by special exception.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming uses of lands, structures, or buildings in other districts shall be considered grounds forth issuance of a variance.

2. That the reasons set forth in the application justify the granting of the variance or of a lesser variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, structure or building, subject to the limitations set forth herein;

3. That the variance will be in harmony with the general purpose and intent of this ordinance and will not alter or be injurious to the essential character of the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under this ordinance.

(d) Powers on Appeals. In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement,decision, or determination as ought to be made, and to that end shall have the powers of the Building Official from whom the appeal is taken.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

(3) Appeals from the Board of Adjustment. Any person or any officer, department, or agency of the city aggrieved by any decision of the Board of Adjustment may within 15 days thereafter appeal therefrom to the circuit or court of like jurisdiction by filing with such Board a written notice of appeal specifying the decision from which the appeal is taken. In case of such appeal, the Board of Adjustment shall cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken, and the case in such court [shall] be tried de novo.

SECTION IX. AMENDMENTS

(A) AMENDMENT POLICY

(1) Reason for Amendment. This ordinance, including the Zoning Map, is based on comprehensive planning studies and is intended to carry out the objective of a sound and desirable development. It is recognized that casual amendment of the ordinance would be detrimental to the achievement of that objective, and it is therefore declared to be the public policy to amend this ordinance only when one or more of the following conditions prevail:

(a) Error. There is a demonstrable error in the ordinance, or in the plan on which is based;

(b) Change in Condition. Changed or changing conditions in a particular area, or in the city or metropolitan area generally, make an amendment to the ordinance necessary and desirable;

© Increase in Need for Sites. Need for a change in the balance of land uses makes it necessary and desirable to reclassify an area or to extend the boundaries of an existing district;

(d) Annexation. It is necessary and desirable to classify territory hereafter annexed to the city to a district classification other than the R-1 District: One Family Residence District classification.

(2) Limitations on Proposed Amendments. Proposed amendments to this ordinance shall be subject to the following limitations:

(a) Minimum Areas for New Districts. New districts, but not including additions to existing districts of the same classification, created by amendment shall contain at least the following areas:

R-1 District: No minimum area.

R-2 District: Two (2) acres, except where the proposed district would abut an existing R-3, R-B, B-1, B-2, B-3, I-1 or I-2 District.

R-3 District: Two (2) acres, except where the proposed district would abut an existing R-B, B-1, B-2, B-3, I-1 or I-2 District.

R-B District: Three (3) acres, except where the proposed district would abut an existing B-1, B-2, B-3, I-1 or I-2 District.

B-1 District: Three (3) acres, except where the proposed district would abut an existing B-2, B-3, I-1 or I-2 District.

B-2 District: Six (6) acres, except where the proposed district would abut an existing B-3, I-1 or I-2 District.

B-3 District: Twenty (20) acres.

I-1 District: Six (6) acres, except where the proposed district would abut an existing I-2 District.

I-2 District: Twenty (20) acres

F-A-R District: No minimum area.

R-D District: No minimum area.

(b) Need for uses. There shall be a clear and demonstrated need in the area for those uses permitted in the proposed district and not permitted in a more restrictive district.

(1) Amendment Application. An amendment to this ordinance may be initiated by the Board of Commissioners on its own motion or by the City Planning Commission. An amendment may also be initiated by any person, firm or corporation by filing a written application therefor with the Building Official. The application for amendment shall contain at least the following:

(a) Interest and Ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the name of the owner or owners of

the entire land area to be included within the proposed district; the name of the owner or owners of all structures then existing thereon and sufficient evidence to establish that the applicant has the right of possession to the land area and structures; the names and addresses of all owners of adjacent property;

(b) Site Plan. If the proposed amendment would require a change in the Zoning Map, a site plan showing the land area which would be affected, easements bounding and intersecting the designated area, the locations of existing and proposed structures with supporting open facilities, and the ground area to be provided and continuously maintained for the proposed structure or structures;

© Development Schedule. The time schedule for the beginning and completion of development planned by the applicant in the area; if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage;

(d) Effect of Amendment. A report giving the nature, description and effect of the proposed amendment; if the proposed amendment would require a change in the Zoning Map, a description of the probable effect on the surrounding land uses and properties;

(e) Error. The error in this ordinance that would be corrected by the proposed amendment, if the intent, is to correct an error.

Upon receipt of an application for amendment, properly and completely made out, the Building Official shall examine the application and shall make such investigation as is necessary. He shall transmit the application, together with his report and recommendation, to the Planning Commission.

(2) Planning Disposition. Following receipt of an application from the Building Official, the Planning Commission may hold a preliminary hearing thereon. The Planning Commission may dispense with a public hearing prior to the approval or disapproval of a plan or any such part, amendment, extension, or addition when the city council to whom the plan or any part, amendment, extension or addition will be submitted will be required to hold a public hearing, and give notice thereof before the same can be adopted by the City. After such preliminary hearing, the Commission may certify the application for public hearing and shall notify the applicant of the time and place of such public hearing. Within ten days after such notification, the applicant shall:

(a) Additional Information. Furnish the Planning Commission with such additional information as it may request;

(b) Owners of Surrounding Property. If the proposed amendment would require a change in the Zoning Map, furnish the Planning Commission with the name, description ofproperty owned and mailing address of each owner of property lying within a distance of 300' feet of the fronting corners of the property the classification of which is sought to be changed, and not separated from such property by a crossing or side street; in the case of a corner building site, the rear corner on the side street shall be considered a fronting corner.

The Planning Commission may fix a reasonable time for a public hearing if it determines such public hearing is desirable, and may give public notice thereof, as required by law, as well as notice to the applicant and to the Building Official. If it deems necessary, the Commission may also notify the owners of surrounding property by mail as the names and addresses of such owners have been furnished by the applicant and may post a notice of such hearing on the property included within the proposed district.

The Planning Commission may hold a public hearing, but shall prepare a record of its proceedings on each use. The record shall be filed in the office of the Commission and shall be a public record; a certified copy of the record, together with the Planning Commission's recommendation and the grounds therefor, shall be transmitted to the City Council.

(3) Legislative Disposition. The City Council shall examine all such applications, reports and recommendations transmitted to it and shall take such further action as it deems necessary and desirable. Before enacting any amendment, the City Council shall hold a public hearing thereon and shall give public notice thereof, as required by law.

(a) Conditions. If an application for amendment to the Zoning Map contains representations that a specified area will be developed according, to a given plan and within a specified time (which need not be less than one (1) year, and if the area is reclassified to permit the proposed development, the City Council may provide, among other things, in the amendment a condition that if the area is not developed according to the given plan and within the specified time, no permit shall be issued for the construction of any structure until the area has been reconsidered by the Planning Commission and a recommendation made either to retain it in its classification or to reclassify it to its former or other appropriate classification and any necessary action pursuant to such recommendation taken by the City Council.

(b) Reconsideration. No land for which an application for reclassification has been denied by the City Council shall be considered again by the Planning commission or the City Council for the same classification for at least one year from the date such application was denied.

SECTION X. SEPARABILITY, REPEAL OF EXISTING ORDINANCE AND EFFECTIVE DATE

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof other than the part so declared to be unconstitutional or invalid.

(B) REPEAL OF EXISTING ZONING ORDINANCE

The Zoning Ordinance of the City of Florence adopted the 27th day of November, 1962, and all amendments thereto are hereby repealed, effective the 1st day of July, 1968.

© EFFECT DATE

This ordinance shall take effect on the lst day of July, 1968.

(A) DEFINITIONS

The following words and phrases exclusively apply to uses permitting alcoholic beverages wholesale and retail sales as distinguished from all other types of uses which do not offer the sale of alcoholic beverages:

Alcoholic beverages. Any alcoholic, spirituous, vinous, fermented or other alcoholic beverages, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer and wine, both fortified and table wine.

Beer. Any beer, lager beer, ale, porter, malt or brewed beverage or similar fermented malt liquor containing one-half of one percent or more of alcohol by volume and not in excess of four

percent (4%) alcohol by weight and five percent (5%) by volume, by whatever name the same may be called.

Fortified wine or vinous liquor. Any wine containing more than fourteen percent (14%) alcohol by volume but not more than twenty-four percent (24%),

Licensee. All persons, partnerships, associations, firms, clubs, or corporations licensed by the Alabama Alcoholic Beverage Control Board and the council of the City of Florence for the wholesale or retail of alcoholic beverages.

Liquor. Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous or otherwise alcoholic, and all drinks and drinkable liquids, preparations or mixtures intended for beverage purposes which contain one-half of one percent or more of alcohol by volume, except beer and table wine.

Planning approval. The determination based on a site development plan and review of the planning commission that a facility, place or premises is appropriate with regard to transportation and access, and is not causing undue congestion, noise, or disruption to surrounding uses.

Principal operation or principal purpose. The principal operation or purpose of an establishment shall be determined by the majority (more than fifty percent (50%) of the gross sales receipts during any ninety (90 day period).

Separate (or freestanding) establishment. A place of business where the principal operation is not shared with another use.

Unopened container. A container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.

Wine. All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than twenty-four percent (24%) alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors and like products, including restored or unrestored pure condensed juice.

The following are explicit descriptions of establishments, places and premises where the sale of alcoholic beverages is permitted. Any other combination or form of these permitted uses is expressly prohibited, with the exception that where the combination of the sale of beer, wine and liquor is permitted, the sale of alcoholic beverages with a lesser content of alcohol by volume is permitted, e.g., a restaurant lounge which would meet the criteria for sales of beer, wine and liquor, but which elects to sell beer and table wine only is permitted.

Automobile self-service station and convenience foods. An automobile station principally operated for the retail sale of gasoline dispensed solely by the purchaser and includes the retail sales of an assortment of container food items, refrigerated food items stored in display coolers, tobaccos, toiletries and other convenience items; which offers the sale of beer and wine, but not liquor, in unopened containers, for off-site consumption, as an accessory part of the retail sale of gasoline and foods, is permitted in B-1 and B-2 zones by right.

Clubs, private. A corporation or association.

Class I. Private, nonprofit clubs licensed for the sale of alcoholic beverages: Including the sale of all types of alcoholic beverages; for on-site consumption; as an accessory or integrated part of the club activities where the primary club building contains a minimum of one thousand (1,000) square feet on one floor in one room equipped with tables and chairs capable of seating fifty (50) persons; and a minimum of five (5) off-street parking spaces for each one hundred (100) square feet of club area is provided and that this requirement shall be in addition to the parking requirements for any other accessory uses in the same building; is permitted in R-B, B- 1, B-2 and B-3 zones with planning approval.

Class II. Private clubs licensed for the sale of alcoholic beverages: Including the sale of all types of alcoholic beverages; for on-site consumption; as accessory or integrated part of the club activities; where the primary club building contains a minimum of one thousand (1,000) square feet on one floor in one room equipped with tables and chairs capable of seating fifty (50) persons; and a minimum of five (5) off-street parking spaces for each one hundred (100) square feet of club area is provided and that this requirement shall be in addition to the parking requirements for any other accessory uses in the same building, is permitted in a B-2 zone with planning approval. Provided, however, where there existed on the original date of this ordinance a private club whose primary purpose was athletic in nature, with a regularly paid membership of at least hundred fifty (150) persons, is not subject to the requirements of this section of the zoning ordinance.

Convenience store. A store principally operated for the sale of a small variety of container food items, tobacco, toiletries and accessory items: Which offers the sale of beer and wine, but not liquor, in unopened containers; for off-site consumption; as an accessory part of the principal establishment; is permitted in B-1, B-2 and B-3 zones by right.

Drug store. A store principally operated for the sale of prescription drugs, over-the-counter drugs and toiletries: which offers the sale of beer and wine in unopened containers; for off-site consumption; as an integrated part of the principal purpose of the establishment; where the principal establishment contains a minimum of five thousand (5,000) square feet; is permitted in B-1, B-2 and B-3 zones by right.

Entertainment and recreational. Premises or places where the principal purpose is entertainment and recreational in nature and where alcoholic beverages are offered for sale: Which are limited to beer and table wine; for on-premises consumption; are restricted to bowling alleys, billiard parlors, and golf courses as a secondary function to the primary function of entertainment and recreation; is permitted in B-2, B-3 and F-A-R zones by planning approval.

Gourmet shop. A shop or store principally operated for the sale of containerized, epicurean food items and may include dairy products and fresh fruits; which offers the sale of wine and beer in unopened containers for of-site consumption; is permitted by right in R-B, B-1, B-2 and B-3 zones.

Grocery store. A store principally operated for the sale of a large variety of diversified container foods, produce and the cutting and preparation of meats by an on-premises butcher: Which offers the sale of beer and wine, but not liquor, in unopened containers; for off-site consumption; as an accessory or integrated part of the principal purpose of the establishment; permitted in a B-2 and B-3 zones by right.

Hotel/motel lounges. A building or buildings offering to the public housing, other than room(ing) or boarding houses, for the principal purpose of accommodations to travelers or transients including the sale of alcoholic beverages in a place or premises of the building in close proximity or convenient to the guest registration area: Which offers the sale of beer, table and/or fortified wine and liquors; for on-site consumption; as an accessory or integrated part of the principal operation of travelers and transient lodge; permitted in B-2 and B-3 zones by right.

Lounges. A facility operated by a licensee for which the principal purpose is the sale of alcoholic beverages: which includes the sale of beer, table and/or fortified wines and liquors; for on-site consumption; as a separate establishment; where the structure contains a minimum of one thousand (1,000) square feet on one floor in one room equipped with tables and chairs capable of seating fifty (50) persons; and a minimum of five (5) off-street parking space for each one hundred (100) square feet of lounge area is provided and that this requirement shall be in addition to the parking requirements for any other accessory uses in the same building; the parking areas shall be flood lighted for the entire area including light fixtures at each perimeter point with the light source turned toward the lounge structure; is permitted in B-2 zones by planning approval.

Package liquor store. An establishment operated by a licensee for which the principal purpose is the sale of alcoholic beverages: Which includes the sale of beer, table and/or fortified wine and liquors; for off-site consumption in unopened containers; as a separate (or freestanding) establishment; is permitted in B-1, B-2 and B-3 zones by right.

Restaurant (full menu). A place principally operated for the purpose of preparing and serving a diversified selection of meals and which offers for sale alcoholic beverages as an accessory to the serving of meals for consumption within the building; Which offers the sale of beer, table and/or fortified wines and liquors; for on-site consumption; as an accessory or integrated part of the principal operation of food services; is permitted in R-B, B-1 and H-1 zones with planning approval; B-2 and B-3 zones by right.

Restaurants (specialty menu). A place principally operated for the purpose of preparing and serving a specialty or limited menu selection of foods: Which offers for sale of beer and table wines, but not liquors; for on-site consumption; as an accessory or integrated part of the principle operation of specialty food service; permitted in R-B, B-1 and H-1 zones with planning approval; B-2 and B-3 zones by right.

Special Events. Events of organizations determined to be valid, responsible organizations of good reputation by the city council of Florence, Alabama, and in accordance with such terms and conditions as the city council may prescribe, and may occur annually or occasionally, but not periodically, throughout the year: Where alcoholic beverages are sold for on-site consumption; activities need not be conducted entirely within an enclosed structure; activities are accessory or secondary to the principal purpose of the event; is permitted in R-B, B-1, B-2, B-3 and F-A-R zones by right.

State liquor store. A store operated by the Alabama Alcoholic Beverage Control Board: Which offers the retail sale of liquors and fortified wines; for off-site consumption in unopened containers; in a separate (or freestanding) establishment; is permitted in B-1, B-2 and B-3 zones by right.

Wholesale. A place for storage of alcoholic beverages by a licensee of the Alabama Alcoholic Beverage Control Board for wholesale trade and distribution: Of alcoholic beverages stored and distributed in unopened containers for off-site consumption; permitted in an I-1 zone by right.

There are no pre-existing, nonconforming establishments which offer for sale alcoholic beverages prior to the adoption of this ordinance.

Appeal procedures from Section Xl are those promulgated by the Alabama Alcoholic Beverage Control Board.