Newspaper Archive of
The Florala News
Florala , Alabama
Lyft
October 26, 1972     The Florala News
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October 26, 1972
 

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INC. ALL CONTENT COPYRIGHTED ALL RIGHTS RESERVED ECT TO LICENSE AGREEMENT. REPRODUCTION, DISSEMINATION, STORAGE, DISTRIBUTION PROHIBITED. FLORALA NEWS- THURSDAY, OCTOBER 26, 1972 to Site. Vehicular entrances or exits at statton: 96.31 Shall not be provided with more than two cuP--cuts for the first 120 feet of street iron- tage or fraction thereof. 96.32 Shall contain an access width along the curb niCe-of the street of not more than forty (40) feet as measured parallel to the street at its narrowest point and shall not be located closer than twenty (20) feet to a street intersection or closer than ten (lO) feet to the adjoining property. 96~33 Shall not have any two driveways, or curb cuts, any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the Pavement along a single street. ne Islands. All gasoline pump islands fteen (15) feet from the y line, pr where a future widening line has established, the setback line shall be measured such line; and where pump islands are constructed ar to the right-of-way line; however, the shall be at least 60 feet from the center line of street, 55 feet from the center line of a street and 45 feet from the center line of streets. 97.31 Any sign erected or painted upon a sloping roof, fence, tree, stand-pipe, fire escape or utility pole. 97.32 Any sign which uses the word ~top" or D~er" prominently displayed and/or which is a copy or imitation of official traffic control signs. 97.33 Any sign which contains flashing or intermit- Ered, green, blue or amber illumination. 97.4 Maintenance and Removal of Outdoor ,~dyertising Signs. 97.41 A11 outdoor advertising signs and sign structures s--EaITbe kept in repair and in proper state of preservation. 97.42 Outdoor advertising signs which are no longer ~iona!, or are abandoned, shall be removed, or relocated, at the owner's expense, in compliance with the provisions of this Ordinance within thirty (30) days following disfunction. 97.43 Any legally established non-conforming outdoor av--d-v-er-tising sign or sign structure shall be permitted without alteration in size or location, provided that the requirements of Section 61 of this Ordinance are adhered to and provided that nothing herein shall pre- vent maintenance, repairing, or posting of legally established nonconforming signs. Dff-Street Parki A minimum of two (2) oFf-street ng spaces are reqwith an additional off-street space for each lubrication or wash bay. ~'6~Other Site Improvements. In addition to the above ~heq~Ulr~dditional site improvements nail be adhered to: 96.61 A raised curb of at least six inches in height S~be erected along the street property lines, except for driveway openings. 96.62 A solid fence or wall six (6) feet in height s~-aITbe erected along all adjacent property lines facing any adjacent residential lot. 96.63 Exterior lighting shall be arranged so that ~deflected away from adjacent properties. 96.64 Signs, whether permanent or temporary, shall not-~6~-~Te placed within the public right-of-way and shall be arranged so that they do not obstruct visi- bility for drivers or pedestrians. 96.65 All drives, parking storage, and service areas s-~'alTbe paved and curbed and a good stand of grass shall be maintained on the remainder of the lot. of Inflammable Products. Outside above ground storage of gasoline, liquefied petroleum gas, or other inflammable liquids or gases shall be prohibited any automobile service station in all zoning districts. ins. 97.44 In the event of the destruction, partial or compTete, of an outdoor advertising sign, the owner thereof shall have the right to reconstruct, rebuild, renovate, or repair said sign substantially to the same condition as before said destruction, provided the provisions in Section 61 of this Ordinance are adhered to. Section 98. Cemeteries. Within the districts permitting cemeteries, the following requirements shall apply: g8.l The site proposed for a cemetery shall not inter- fere with the development of a system of collector or larger streets in the vicinity of such site. In addition such site shall have direct access to a thoroughfare. 98.2 Any new cemetery shall be located on a site con- ~ing not less than 20 acres. 98.3 All structures shall be set back no less than 25 ~from any property llne or minor street right-of-way line. 98.4 All graves or burial lots shall be set back not less ~25 feet from any property line or minor street right- of-way lines, and not less than 50 feet from any collector, arterial, expressway, or freeway right-of-way line. 98.5 The entire cemetery property shall be landscaped and ~------~n-tained. 98.6 An application must be made to the Board of Adjustment o)-6"~--any extension of existing cemeteries. provisions of this Section shall govern the location, and height of signs in each of the use districts in this Ordinance in order to insure safe construction, md open space, to reduce hazards at intersections, accumulation of trash, and to protect property the entire community. General Provisions. 97+.11, All+ types of signs, except outdoor advertisitlg s g-'T~, shall be allowed in all zoning distric;ts;: without a permit. 97.12 All outdoor advertising signs shall be subject ~e same side yard and height limitations imposed upon other buildings or structures in the use district in which said sign is located, except as otherwise provided herein. 97.1____33 For the purpose of computing sign area only one side of a "V-Type" or double faced outdoor advertising sign shall be considered. 97.14 Rooftop outdoor advertising signs or sign ~tures shall not extend more than thirty (30) feet above the roof line. Roof top outdoor adver- tising signs or sign structures shall not extend beyond or overhang any exterior wall of the building upon which secured. 97.15 No outdoor advertising sign or sign structure s-~-aITbe placed upon any street or highway right-of-way. 97.16 No outdoor advertising sign or sign structure s-~-a'ITbe located in such a manner as to materially impede the view of any street or highway intersection or in such a manner as to materially impede the view of the intersection of a street or highway with a railroad grade crossing, as required in Section 64.2 of this Ordinance. 97.17 No outdoor advertising sign shall be erected, ~ated or maintained so as to prevent free ingress or egress from any door, window or fire escape. 97.18 No portion of any outdoor advertising sign shall ~ss than ten (lO) feet above the level of a side- walk or other pedestrian thoroughfare, nor shallbe less than sixteen (16) feet above the level of a public driveway, alley or street. ~~insasPermittedUses. ~in the following a~assificatton districts provided the specified requirements re adhered to: ARTICLE X EXCEPTIONS AND MODIFICATIONS Section 101. Yard Requirements. Yard requirements shall be modified subject to the following conditions: lOl:,l On+double frontage l'ots,~he requtred front yard s-l~aTl-be provided on each street. lOl.2 Whenever a rear property line of a lot abuts upon ~ey one-half (I/2) of the alley width shall be con- sidered as a portion of the required rear yard. lOI.3 An unroofed porch shall project into a required ~yard for a distance not exceeding ten (lO) feet. 101.4 The front and side yard requirements may be waived where dwellings occupy space above commercial uses upon approval of the Board of Adjustment. Section 102. Access to Public Streets. Access to public streets shall be maintained in accordance with the following requirements: 102.1 Each principal use shall be located on a lot or par--rc~ which provided frontage on a public street having a right-of-way of not less than thirty (30) feet. 102.2 Any additional dwelling shall have access to a pu--u~-ITc street by means of a passageway open to the sky at least 15 feet in width. Section 103. Lots of Record. Where the owner of a lot of record or his successor to the title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this Ordinance, the following exceptions may be allowed: 103.1 Land Use. Where a lot, tract or parcel of land has an area or width that does not conform to the require- ments of the district in which it is located, said lot may be used for a single-family dwelling (except in the C-l Neighborhood Commercial, M-I and M-2 Industrial District). A single family dwelling may be constructed in a R-2 or R-3 Residential District, provided the lot to be so used has a minimum area of 4,000 square feet and a minimum lot width at the building line of 40 feet, provided it is located on a public sewer. 97_.21 R-l, R-2, R-3 Residential Districts. No outdoor advertising signs are permitted. 97.22 C-It C-2 Commercial Districts. One outdoor advertising sign for each lot of lO0 feet or less of lot frontage with one (1) additional sign for each additional lO0 feet or less of lot frontage under single ownership at the time of the passage of this Ordinance, and provided sald sign shall not exceed 400 square feet in area per structure facing. Where two signs, each not exceeding 300 square feet in area per structure facing are supported by the same sign structure, one above the other, they shall be considered as a single outdoor advertising sign. ~o" When two or more adjoining and vacant us frontage are in a single ownership at the time of application and such lots have a frontage or lot area less than is required by the use district in which they are located, such lots shall be platted or reparcelled so as to create one or more lots which con- form to the minimum frontage and area requirements of the use district. 103.3 Improvements. Buildings structures located on sub-standard lots of record may ~ improved only when the addition of adequate plumbing iS required by the laws and ordinances of the Council, provided that the yard require- ments in Section 83 are adhered to. 97.23 M-I and M-2 Wholesale and Industrial District. ~ne outdoor advertising sign for each lot of 75 feet or less of lot frontage with one (I) addltional sign for each additional 75 feet or less of lot frontage under single ownership at the time of the passage of this Ordinance, and provided said sign shall not exceed 400 square feet In area per structure facing. Where signs, each not exceeding 300 square feet tn area per structure facing are supported by the same stgn structure, one abovethe other, they shall be considered as a single outdoor advertising sign. .-97.3 St ns Prohibited in a11 Districts. The followlng 103.4 Side Yard Requirements. The slde yard requirements for sub-standard lots of record may be reduced for each side yard at the rate of one foot for each four feet by which the lot width lacks fifty (50) feet, provided in no event shall such side yard be reduced to less than five feet on each side. Section 104. Front and Side Yard Setbacks for Dwellings. The setback requirements of this Ordinance for side yards or corner lots and/or front yards shall not apply to any lot where the average setback on developed lots located, wholly or in part, lO0 feet on each side of such lot and wlthln the same block and zoning district and fronting on the same streets as PAC E 15 such lot, is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the existing setbacks on the existing developed lots. ARTICLE XI ZONING ADMINISTRATION Section 111. Duties and Powers of the Zoning Enforcement Officer. The zoning enforcement officer shall be the Building Inspector of the City of Florala, Alabama, or any public official of the said City designated by the Mayor or Council of the said City if there is no Building Inspector, whose duties and powers are as follows: lll.l The zoning enforcement officer is authorized and empowered on behalf and in the name of the Council to administer and enforce the provisions of this Ordinance to include receiving applications, inspecting premises, and issuing Certificates of Zoning Compliance and Certi- ficates of Occupancyfor uses and structures which are in conformance with the provisions of this Ordinance. Ill.2 The zoning enforcement officer does not have the ~rity to take final action on applications or mat- ters involving variances, non-conforming uses, or other exceptions which this Ordinance has reserved for public hearing before the Board of Adjustment, the Commis- sion, and/or the Council. Ill.3 The zoning enforcement officer shall keep records o--ir-aTl and any permits, the Certificates of Occupancy issued, and all submitted Subdivision Plats, with nota- tions of all special conditions involved. He shall file and safely keep copies of all sketches and plans sub- mitted, and the same shall form a part of the records of his office and shall be made as a public record. Section 112 Permits and Certificates. Permits and certificates shall be issued in accordance with the following provisions: 112.1 Zonin~ Compliance Permit. The zoning enforcement officer shall issue a Zoning Compliance Permit, which may be incorporated into the Building Permit issued under the Building Code adopted and in effect by the Council, for any permitted use or structural alteration provided such proposed use of land or structure, or structural alteration is in conformance with the provisions of this Ordinance. 112.11 An application shall be accompanied by two ~'2-)--EEpies of a dimensional sketch or a to-scale plan, signed by the owner, or his authorized agent, to include, as a minimum the following: lot dimen- sions with property line monuments located thereon; shape, size, height, and location of the buildings proposed to be erected, demolished, altered, or moved, and of any buildings already on the lot; yard dimen- sions and the use of structures, including the number of dwelling units within each structure where appropriate; easements (private and public); water courses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application. I12.12 Each permit shall be conspicuously posted and ~yed on the premises described in the permit during the period of construction or reconstruction. If2.13 If the proposed excavation, filling, construc, tiT, or movement set forth in said Sketch or plan ~+:+ are in conformity with the provision of this Ordinance, .... and other appropriate ~es and ordinances of the ~-+-+:/~ Council the in effect, the zoning enforcement officer shall sign and return one (1) copy of the sketch or plan to the applicant and shall issue a Zoning Compliance Permit. The zoning enforcement officer shall retain one (1) copy of the Zoning Compliance Permit and one (1) copy of the sketch or plan for his records. 112.14 If the sketch or plan submitted describes wo--o-Fl~which does not conform to the requirements of this Ordinance, the zoning enforcement officer shall not issue a Zoning Compliance Permit, but shall return one (1) copy of the sketch or plan to the applicant along with a signed refusal in writing.- Such refusal shall state the reasons for refusal and shall cite the portions of this Ordinance with which the submitted sketch plan does not comply. The zoning enforcement officer shall retain one (1) copy of the sketch or plan and two (2) copies of the refusal. 112.15 Any Zoning Compliance Permit shall automati- ca--~expire six (6) months from the date of issu- ance if the person, firm, or corporation to which the certificate or permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for period of one (1) year. I12.2 Certificate of Occupancy. Certificates of Occupancy shall be issued by the zoning enforcement officer in accordance with the following provisions: I12,21 Certificate of OccupancX Required. A certifi- cate of Occupancy is required in advance of occupancy of use of: (I) A building hereafter erected; (2) A building hereafter altered so as to affect height, or side, front or rear yards; (3) A change of type of occupancy or use of any building on premises. 112.22 Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance, or unless the building , as finally constructed, complies with the sketch plan upon which the Zoning Compliance Permit was issued. Section 113. Establishment of the Board of Adjustment. The Board of Adjustment of the City of Florala, Alabama is hereby established. ll3.1 Membership. The Board of Adjustment shall con- ~t of five (5) members, appointed by the Mayor and Council of the City of Florala, Alabama for overlapping terms three (3) years. ll3.11 Initial Appointment. The initial appointment of the Board of Adjustment shall be as follows: two members for one year; two men~)ers for two years; and one member for three years. I13.12 Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the Council upon written charges and after public hearing the-eon.