AGENDA FEBRUARY: 20, 2024 CITY COUNCIL MEETING  Thel Enterprise City Council will convene inl Regular Session at 6:00 p.m., Tuesday, February 20, 2024, at  the Enterprise Civic Center. ROLL CALL..  President President President President President  OPENING PRAYER & PLEDGE OF ALLEGIANCE.  2023 YEAR IN REVIEW. APPROVAL OF AGENDA.  Recognize Mayor Cooper, who will present the 2023 Yeari in Review. Call forar motion to approve the agenda oft the meeting as submitted.  CONSIDERATION OF CONSENT AGENDA.  Alli matters listed within the Consent Agenda havel been distributed to each member oft the Council for review, are considered tol be routine, and will be enacted by one motion oft the City Council with no separate discussion. Ifseparate discussion is desired on ani item, thati item may be removed from the Consent Agenda and placed on thel Regular Agenda by request ofa member of the City Council. Call for ai motion to approve  the Consent Agenda as presented:  City Council Work Session Minutes of February 6, 2024 City Council Meeting Minutes of February 6, 2024 Contract Billingsi int the amount of $339,116.37 as follows: Wiregrass Construction Company, Inc.- Beasley Construction Services, Inc.-  Estimate No. 101 Final $225,036.55- - Construction - FY23 Resurfacing/Phase III (B) Estimate No. 12-$104,433.38- - Construction - Multipurpose Rec Complex/Phasel Invoice No. 20201 $2,626.50- - Construction Phase Services- - Multipurpose Rec Complex/Phasel Invoice No. 20202- $769.94 - Engineering Design - FY23 Resurfacing/Phase III (B)  Poly, Inc.-  Fine Geddie & Associates- Travel Requests as follows: Main Street Mariahl Montgomery (7) Volunteers Main Street NOW National Conference Birmingham, Alabama May 5-9,2024 Estimated Cost: $8,095.54  Invoice No. 2652- - $6,250.00- - Contract Services - February 2024  CONSIDER PERMIT/STREET CLOSURE REQUEST.. (St.] Patrick's Day Parade & Half Pint 0.5K)  .President  Recognize Erin Grantham, Enterprise Chamber of Commerce Director, who has requested to address the Council to obtain aj permit tol hold the World's Smallest St. Patrick's Day Parade and HalfPint 0.5K on  Saturday, March 16, 2024, from 11:30 a.m. until 3:00 p.m. CONSIDER PERMIT/STREET CLOSURE! REQUEST. (Special Olympics Lawl Enforcement Torch Run)  President  Recognize EPD Captain Billy Haglund, whol has requested to address the Council to obtain ap permit to hold the Special Olympics Law) Enforcement Torch] Run on Friday, March 22, 2024, from 7:30 a.m. until 9:00 a.m. Thel Law Enforcement Torch Run is ai running event in which officers and athletes carry the Flame of Hope to the Opening Ceremony ofl local Special Olympics competitions. Local surrounding law enforcement agencies will meet witht the athletes and run with them, carrying the torch ast they make their  way to the high school.    CONSIDER PERMIT/STREET CLOSURE REQUEST. (Spring Festival at the Monument 2024)  .President  Call for ai motion to approve the following permit request as submitted:  Spring Festival at thel Monument Event Time/Date: 10:00a.m.- - 3:00 p.m., Saturday, April 13,2 2024 Rain Date: Saturday, April 20, 2024 Street Closure: 4:45 a.m. - 4:00 p.m. Closure Area: East College Street (Edwards tol Main) Street Closure: 7:00a a.m. - 4:00 p.m. Street Closure: 8:00 a.m. = 4:00p p.m. Street Closure. Area: Main Street (Leet tol Harrison)  Street Closure. Area: West College Street (Main to Railroad Tracks), Easy Street (Edwards tol Main), West Grubbs Street (Main to Railroad Street), East Grubbs Street (Edwards tol Main)  **Previously approved by the Council on. January 16, 2024. Revised toi reflect a change ini the. street closure  time for East College Street. STAFF REPORTS. OLDI BUSINESS  PRIVILEGE OF THEI FLOOR (Persons allowed 31 minutes to address the Council).  .President President President  PUBLIC HEARING & CONSIDERATIONIABCLICENSE REQUEST..  (Las Galeras Mexican Restaurant)  Call fora ap public hearing prior to consideration ofa request from Las Galeras Mexican Restaurant LLC d/b/a Las Galeras Mexican Restaurant for a Restaurant Retail Liquor license located at 29521 Rucker Blvd.  At the close oft thel hearing, call for consideration of the. ABC license request. INTRODUCE PLANNING COMMISSION RECOMMENDATION.  NEW) BUSINESS following requests: Map.  President  Introduce fort the record, ai recommendation from the Enterprise Planning Commission to approve the  AI request by the City of Enterprise to accept and adopt the City of Enterprise Zoning Ordinance and Ar request by Northstar Engineering Services, on behalfo ofl Richard Bray, for the rezoning of33.23 acres ofland from R-75-S (Residential District) and B-1 (Business District) tol R-65 (Residential Ar request by Boyd Engineering, LLC, on behalfof2F4B! LLC, for the rezoning of1.41 acres of land from R-65 (Residential District) to! B-3 (Business District) located at 29001 Porter Lunsford Road. Introduce Ordinance 02-20-24, providing fort the Enterprise Zoning Ordinance toi include the Enterprise Zoning Map as recommended by the Enterprise Planning Commission, under the authority ofTitlell, Call for aj public hearing to bel held at the regular meeting scheduled for March 19,2024.  District) located at 408 Chambers Street.  INTRODUCE ORDINANCE 02-20-24- - Enterprise Zoning Ordinance.. Chapter 52, oft the Code of Alabama, 1975 Compilation, as amended.  President  INTRODUCE ORDINANCE 02-20-24-A..  President  (Bray Rezone) Chambers Street.  Introduce Ordinance 02-20-24-A, providing for the rezone of33.23 acres of land owned by Richard Bray froml R-75-S (Residential District) and B-1 (Business District) to R-65 (Residential District) located at 408  Call for aj publicl hearing tol bel held att the regular meeting scheduled for March 19, 2024.    INTRODUCE ORDINANCE 02-20-24-B..  President  (2F4B LLC Rezone)  Introduce Ordinance 02-20-24-B, providing for the rezone of1.41 acres of land owned by 2F4B LLC: from R-65 (Residential District) to B-3 (Business District) located at 29001 Porter Lunsford Road. Call for aj public hearing to be held at the regular meeting scheduled for March 19,2 2024.  AUTHORIZE MAYOR TOI EXECUTE GRANT AGREEMENT.  President  (FAA/AIG Project No. 3-01-0027-027-2024)  Call fora a motion to authorize the Mayor to execute a grant agreement on behalf oft the City of Enterprise with the Federal Aviation Administration for funding assistance in the amount of $448,000.00 to constructa corporate hangar at the Enterprise Municipal Airport, subject to an opinion from the City Attorney that the  city is authorized to enter into the agreement. REVIEW & CONSIDER CHANGE ORDER NO.1-FINAL. (FY23 Resurfacing Improvements, Phase III (B)  President  Introduce and call for consideration of Change Order No. 1-1 Final submitted by Poly, Inc. for a decrease of $245,362.88 in the total contract amount with Wiregrass Construction Company, Inc. for FY23 Resurfacing Improvements, Phase III (B). The change order adjusts the final contract quantities, increases the contract substantial completion time by 18 calendar days, and adjusts the total contract amount to $2,250,365.52. Introduce and call for consideration ofa request from City Engineer/Public Works Director Barry Mott to purchase one (1)2024 T880S Tri-Axle Dump Truck from Truckworx, through the Sourcewell Purchasing  REQUESTPERMISSIONTOI PURCHASE DUMP TRUCK.  .President  (Public Works)  Program, atai not-to-exceed cost of $240,000.00. REQUESTPERMISSIONTO PURCHASE EQUIPMENT.  President  (Parks & Recreation) $78,106.39:  Introduce and call for consideration ofar request from Billy Powell, Director of Community Services and Recreation, to purchase the following budgeted equipment from Dowling Truck & Tractor at a total cost of  Two (2) Utility" Trailers @ $3,390.00 each Four (4) Stihl Edgers @ $315.99 each Two (2) Stihl Backpack Blowers @ $513.49 each Five (5) Stihl Trimmers @ $387.09 each One (1) Hustler Z: 54" Mower Four (4) Hustler 72" Mowers @ $13,400.00 each Four (4) Mulch Kits @ $475.00 each (Parks & Recreation/Johnny Henderson Park)  $6,780.00 1,263.96 1,026.98 e 1,935.45 $11,600.00 $53,600.00 $1,900.00  REQUEST PERMISSIONTO PURCHASE PLAYGROUND EQUIPMENT.  .President  Introduce and call for consideration ofa request from Billy Powell, Director of Community Services and Recreation, to purchase the following playground equipment from Gametime/Struthers Recreation for use at Johnny Henderson Family Park. A$12,000 donation from the Enterprise Rotary Club will cover the cost of  the equipment.  Discover Cave w/ Primary Grips $ 6,051.00  Sensory Wave Arch System Bells 12" Fun Mirror 12"  $6,790.00 $1,118.00 $367.00 $14,326.00 ($3,107.34) $778.84 $11,997.50  Subtotal: Discount: Freight: TOTAL:    REQUEST PERMISSION TOI PURCHASE EQUIPMENT.  .President  (Fire Department)  Introduce and call for consideration ofa request from Fire Chief Christopher Davis toj purchase the following  equipment included in the FY24 budget:  One (1) RollnRack Hose Management System at a cost of $8,800.00 from RollnRack One (1) Challenger Forcible Entry Door Simulator from eDarley for $9,600.00  One (1) Hose Tester ini the amount of $6,000.00 from Nafeco  INTRODUCE ABCI LICENSE REQUEST.  .President  (Sappora) March 5,2024.  Introduce ai request from M & Y,LLC, d/b/a Sappora, for al Restaurant Retail Liquor license located at 1109 Boll Weevil Circle, Suite 5, and call for a public hearing to be held at the regular meeting scheduled for  REQUESTTO CHANGE MARCH 5, 2024 MEETING LOCATION.  President  Call for a motion tol hold the March 5, 2024 Work Session and Council Meeting at the Enterprise City Board ofl Education Board Room, 220 Hutchinson Street, due to Coffee County's use ofthe Enterprise Civic Center  asap polling location on the same date. MAYORS REPORT. COUNCIL MEMBERS COMMENTS.  .President President President  ADJOURNMENT: 5:00 p.m., Tuesday, March 5, 2024 Council Work Session.  ADDENDUM:    TO: FROM: RE: DATE:  MAYOR AND CITY COUNCIL BEVERLY SWEENEY, CITY CLERK  CONSENT AGENDA FOR FEBRUARY 20, 2024 COUNCIL MEETING  FEBRUARY 16, 2024  By approving the Consent Agenda, you will cumulatively approve the following items as presented in  your packets:  A. The minutes of the February 6, 2024 Work Session. B. The minutes of the February 6, 2024 Regular Session. C. Contract Billings in the amount of $339,116.37 as follows: Wiregrass Construction Company, Inc.- Beasley Construction Services, Inc.-  Estimate No. 10 Final - $225,036.55- Construction- - FY23 Resurfacing/Phase III (B) Estimate No. 12-$104,433.38 - Construction- - Multipurpose Rec Complex/Phase Invoice No. 20201 - $2,626.50 - Construction Phase Services- Multipurpose Rec Complex/Phasel Invoice No. 20202- $769.94- Engineering Design- = FY23 Reurfacing/Phase III (B)  Poly, Inc.-  Fine Geddie & Associates- D. Travel Requests as follows: Main Street Mariah Montgomery (7) Volunteers Main Street NOW National Conference Birmingham, Alabama May 5-9,2024 Estimated Cost: $8,095.54  Invoice No. 2652-$6,250.00 - Contract Services - February 2024    CITY COUNCIL WORK SESSION MINUTES OF FEBRUARY6.2024  The Enterprise City Council convened in Work Session at 5:00 p.m., Tuesday, February 6, 2024, at the  Enterprise Civic Center. PRESENT:  Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Greg Padgett, District #3 Council Member Scotty Johnson, District #4 Mayor William E. Cooper City Administrator Jonathan Tullos City Attorney Ashley Marshall Consulting Engineer Glenn Morgan City Department Heads  ALSO PRESENT:  City Clerk Beverly Sweeney was present and kept the minutes.  ROLL CALL - Council President Townsend noted that all Council Members were present.  OIGOALSUPDATE  City Administrator Jonathan Tullos reported on the status of the 2024C Q1 goals, including completed  items and ai timeline for unfinished items.  PROJECT PANAMA  The President called on City Administrator Jonathan Tullos, who provided background information on "Project Panama." He advised in June 2023, the Wiregrass Economic Development Corporation brought the concept ofar manufacturing plant in the wood/forestry industry to city leaders. At that time, the proposed project needed more than 100 acres of land, access to a four-lane or major highway, and railroad access, and the city's Industrial Development Board began to identify possible sites in or around Enterprise. Mayor Cooper, some City Council Members, Planning Commission, and Industrial Development Board members visited an Oriented Strand Board (OSB) plant inl November of last year to determine the noise, odors, and traffic associated with the plant. Based on their collective observations, the group determined their concerns were overstated, with little or no noise or odor detected outside. Mr. Tullos clarified that the proposed action before the City Council that night was only to consider rezoning five parcels of land at the intersection ofl Hwy. 84 and Moates Road to M-2, Manufacturing District. The primary objective of this action, he said, is to have a large industrial area available in case a business expresses interest in it in the future. However, there is no formal request for such a project at present. Due to time constraints, the Council Members partially reviewed the agenda of the February 6, 2024 Council Meeting. Further discussion ofanyi items not reviewed will take place during the Regular  REVIEW OF AGENDA Session, ifneeded. ADJOURNMENT 5:55 p.m.  There being no further business before the Council, the President declared the Work Session adjourned at  Turner Townsend Council President  Beverly Sweeney City Clerk    CITY COUNCILMEETING: MINUTES OF FEBRUARY6.2024  Thel Enterprise City Council convened inl Regular Session at 6:00 p.m., Tuesday, February 6, 2024, at the  Enterprise Civic Center. PRESENT:  Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Gregl Padgett, District #3 Council Member Scotty. Johnson, District #4 City Administrator Jonathan Tullos  ALSOPRESENT: Mayor William E. Cooper  City Clerk Beverly Sweeney was present and kept the minutes.  ROLL CALL- Council President Townsend noted that all Council Members were present. Thel President called for a motion to approve the agenda of the meeting as submitted. Council Member Johnson moved to approve the agenda oft the meeting as submitted. Council Member Rich seconded the motion. The vote being: Rich- Aye; Goolsby- - Aye; Padgett - Aye; Johnson- - Aye; Townsend Aye. The  APPROVAL OF AGENDA  President declared the motion carried. CONSIDERATION VOF CONSENT AGENDA  Thel President called for a motion to approve the Consent Agenda as presented: City Council Work Session Minutes of January 16, 2024 City Council Meeting Minutes of. January 16, 2024 Accounts Payable (A) for January 2024 in the amount of $1,908,564.97 as follows: City of] Enterprise $1,017,280.48 Accounts Payable (B) for. January 2024 in the amount of$152.87 as follows: City of Enterprise $152.87 Contract Billings in the amount of $1,476,668.90 as follows: Wiregrass Construction Company, Inc.- Estimate No. 3-$798,673.00- - Construction - FY241 Reurfacing/Phase IV Beasley Construction Services, Inc.- Application No. 5- $240,504.00 - Construction - New Pickleball Courts Estimate No. 11-$ $224,955.26 - Construction - Multipurpose Rec Complex/Phasel Hollon Contracting, LLC- Application No.3-$125,210,00- - Construction New Corporate Hangar Poly, Inc.- CDG-  Water Works Board- $891,284.49  Invoice No. 20183-$5,439.60- - Construction Phase Services - Multipurpose Rec Complex/Phasel Invoice No. 20187-$39,660.81 - Engineering Design Services - FY24 Resurfacing/Phase IV Invoice No. 1- $8,659.41 - Contract Services New Pickleball Courts Invoice No. 5-$31,616.82- - Contract Services - Recreation & Aquatics Center  Southern Earth Sciences, Inc.- Travel Requests as follows: Engineering Thomas Hardy Justin Tolbert 2024 COAA Education Conference Orange Beach, Alabama April 29-May3,2024 Estimated Cost: $2,550.00  Invoice No. P220379-06-51,95000-1 Asbestos Surveys- 2021 CDBG Demo Project/Phase VII  Sewer/Disposal Reggie Marsh Tony McKee ARWA' Technical Training Conference Montgomery, Alabama March 10-13,2024 Estimated Cost: $3,400.00  Council Member Rich moved to approve the Consent Agenda as presented. Council Member Goolsby seconded the motion. Council President Townsend indicated that Accounts Payable (B) included payments to1 Townsend Building Supply, a company in which he has an interest, and noted he would abstain from voting. The vote being: Rich- - Aye; Goolsby Aye; Padgett- - Aye; Johnson Aye; Townsend- - Abstain. Mayor Cooper, joined by Council Member Johnson, presented certificates to members and coaches of the EHS Girls Wrestling' Team, who secured four state championships and achieved third place overall. The EHS Boys Wrestling Team was also recognized for their accomplishments but could not attend the meeting.  Thel President declared the motion carried. RECOGNITION OFI EHS WRESTLING TEAMS    CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2024  Page 2  OATHOFOFFICE- Ashley Marshall  The President called upon Mayor Cooper, who administered the Oath ofOffice to City Attorney Ashley  Marshall.  PRIVILEGE OF THEFLOOR (Persons allowed 3 minutes to address the Council)  No one requested to address the Council. Projects, Engineering, and Public Works.  STAFF] REPORTS OLDB BUSINESS  City Engineer/Public Works Director Barry Mott updated Council Members on various Capital Improvement Thel President recognized City Administrator Jonathan' Tullos, who explained the requested action before the City Council was only for the rezoning of land to! have a large acreagei industrial area should a request froma a In. June 2023, the' Wiregrass Economic Development Corporation brought the concept ofai manufacturing At that time, the proposed project needed more than 100 acres of land, access to a four-lane or major highway, and railroad access, and the city's Industrial Development Board began identifying any suitable Mayor Cooper, some City Council, Planning Commission, and Industrial Development Board members visited an Oriented Strand Board (OSB) plant inl November of last year to determine the noise, odors, and traffic associated with such ap plant. Based on their observations, the group concluded their concerns were Mr. Tullos emphasized that there are currently no plans for a wood manufacturing plant on the property and PUBLICH HEARING & CONSIDERATION/ORDINANCEI 01-02-24 (Conner Family PartnershipLTD The President called for a public hearing prior to consideration ofOrdinance 01-02-24, providing for the rezone of 161.61 acres ofl land owned by Conner Family Partnership LTD from AGR-1 (Agriculture District) tol M-2 (General Manufacturing District) located at thei intersection ofHighway 84 and Moates Road. Scott Childress, Robin] Foy, Lindal Biaz, Rod Peterson, Alicia Bacoats, and. Jonathan Bryant, expressed their dissatisfaction with bringing a wood manufacturing plant to the city and opposed the proposed rezoning of the area due to various concerns, such as health and safety risks posed by chemicals used in the plant, odors from manufacturing, a potential decrease inj property values, andl logistical issues with rail access to the site, City Administrator Jonathan Tullos addressed the comments and stressed, once again, that there are currently no plans in the Engineering Department or permits filed with ADEM to build a wood manufacturing plant on Council Member Rich moved to adopt Ordinance 01-02-24. Council Member Padgett seconded the motion. Council Members discussed and addressed the concerns presented. Council President Townsend advised that the rezones are not the final decision but rather a stepi int the ongoing process. The Council will continue to doi its due diligence andl has put several trigger points inj place to halt the movement forward ifthey feel uneasy. The vote being: Rich Aye; Goolsby- Aye; Padgett- - Aye; Johnson- Aye; Townsend Aye. The President declared the motion carried and Ordinance 01-02-24 duly passed and adopted. PUBLICI HEARING & CONSIDERATIONORDNANCEOI022HA (Conner Family Partnership LTD Thel President called for a public hearing prior to consideration ofOrdinance 01-02-24-A, providing for the rezone of1.09 acres ofl land owned by Conner Family Partnership LTD from R-75-S (Residential District)t to M-2 (General Manufacturing District) located at the intersection ofHighway 84 and Moates Road. Scott Childress readdressed the Council and requested for property rezone notification signage to be posted ina more understandable language. Marianne Thomas, ai resident ofTurtleback Subdivision, spoke in opposition ofthe proposed rezone, citing health and safety concerns. The President closed the hearing and called for Council Member Johnson moved to adopt Ordinance 01-02-24-A. Council Member Goolsby seconded the motion. The vote being: Rich - Aye; Goolsby- Aye; Padgett- - Aye; Johnson - Aye; Townsend Aye. The President declared the motion carried and Ordinance 01-02-24-A duly passed and adopted.  business for such arise but that there was no formal request at this time.  plant int the wood/forestry industry to city leaders.  sites within or around Enterprise.  overstated, with little to no noise or odors detected outside. that the request was solely for rezoning purposes.  Rezone 1)  among other things. the property.  The President closed the hearing and called for consideration of Ordinance 01-02-24.  Rezone 2)  consideration ofOrdinance 01-02-24-A.    CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2024  Page 3  PUBLIC HEARING & CONSIDERATION ORDINANCEOL-922HB1 (Clark Lands LLP Rezone) Thel President called for a public hearing priort to consideration of Ordinance 01-02-24-B, providing for the rezone of81.05 acres ofl land owned by Clark Landsl LLP(f/k/a Clarkl Farms Limited Partnership): from R- 75-S (Residential District) and AGR-1 (Agriculture District) tol M-2 (General Manufacturing District) located at thei intersection of Highway 84 and Moates Road. No comments were offered. The President Council Member Richi moved to adopt Ordinance 01-02-24-B. Council Member Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- - Aye; Padgett- Aye; Johnson- Aye; Townsend -4 Aye. The President declared the motion carried and Ordinance 01-02-24-B duly passed and adopted. PUBLICHFARING & CONSDERATIONORDINNCEOL9224C (Moates Plantation] LLC Rezone) Thel President called for aj public hearing prior to consideration of Ordinance 01-02-24-C, providing for the rezone of 17.04 acres ofl land owned byl Moates Plantation LLCf from R-75-S (Residential District) tol M-2 (Generall Manufacturing' District) located att the intersection of Highway 84 and Moates Road. No comments were offered. The President closed thel hearing: and calledf for consideration of Ordinance 01-02-24-C. Councill Member Padgett moved to adopt Ordinance 01-02-24-C. Councill Member Rich seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- - Aye; Johnson- - Aye; Townsend- - Aye. The President declared the motion carried and Ordinance 01-02-24-C duly passed and adopted. PUBLICHEARING & COANSDPRATONORDNANCEOL224D/Came. Family] Partnership Thel President called for a public hearing prior to consideration ofOrdinance 01-02-24-D, providing for the rezone of35.32 acres ofl land owned by Conner Family Partnershipl LTD and Moates Plantation LLC from R- 75-S (Residential. District)t tol M-2 (General Manufacturing District) located at the intersection ofl Highway 84 and Moates Road. No comments were offered. The President closed thel hearing and called for consideration Council Member Goolsby moved to adopt Ordinance 01-02-24-D. Council Member Padgett seconded the motion. The vote being: Rich- - Aye; Goolsby- Aye; Padgett- - Aye; Johnson - Aye; Townsend- - Aye. The President declared the motion carried and Ordinance 01-02-24-D duly passed and adopted. REVIEW & CONSIDER BIDI RECOMMENDATION. (2021 CDBGI Demolition Project/Phase VID) Councill President' Townsend called on City Engineer/Public Works Director Barry Mott, who presented an overview of the project and the bids received. Thel President introduced and called for consideration ofa recommendation: from David Ewing, Project Consultant, to award the bid for the 2021 CDBGI Demolition Project, Phase VII, tol Hopper-Moore, Inc. d/b/a BMI. The qualified low bid of$37,765.00 exceeds the remaining CDBG budget by $21,275.00. Ifthe city opts not toi inject the $21,275.00 budget shortfall, the city can chooset thel Deductive Alternates in numerical order to determine the low-qualified bid. The award ofo one or both of the Deductive Alternates would still resulti inl BMI being thel low responsible bidder. Ift the city chooses to select Deductive Alternate #1, thel low bid wouldt total $21,990.00 which would require the city toi inject $5,500.00i in city fundst to complete the demolition oft the structures (5)! located at 3841 Plaza Drive and the mobile home located at 117 Sims Street. The structure at 900 Alberta Street wouldi not be Ifthe city chooses to select Deductive Alternate #1 andl Deductive Alternate #2, the low bid would total $18,930.00 which would require the city to inject $2,440.00 in city funds to complete the demolition oft the structures (5)1 located at 3841 Plaza Drive. Thes structure located at 900 Alberta Street and 117 Sims Street  closed the hearing and called for consideration of Ordinance 01-02-24-B.  LTD/Moates Plantation LLCI Rezone)  ofOrdinance 01-02-24-D.  included in the contract.  would not bei included int the contract. Bids received are as follows: 3841 Plazal Drive 117 Sims Street 900 Alberta Drive TOTAL BASEI BID Deduct #1 (900 Alberta St.) Deduct #2 (117 Sims St.)  Hopper-Moore. Inc. d/bla BMI  Lewis. Inc. 20.575.00 4.480.00 20.395.00 $45.450.00 20,395.00 4.480.00  18.930.00 3.060.00 15.775.00 $37.765.00 15.775.00 3.060.00  Council Member Goolsby moved to award thel bid for the CDBG Demolition Project, Phase VII, tol Hopper- Moore, Inc. d/blal BMIi in the amount of$18,930.00: andi further authorize additional funding of$ $2,440.00. Council Member Rich seconded the motion. The vote being: Rich- - Aye; Goolsby - Aye; Padgett- - Aye;  Johnson- Aye; Townsend- -4 Aye. Thel President declared the motion carried.    CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2024  Page 4  REVIEW & CONSIDER BIDE RECOWMENDATONais: Department/Vehicles) Thel President introduced: and called for consideration ofa recommendation from Police ChiefMichael Moore to award Bid) Requisition No. 2024-01 for (3)t three Dodge Durangol Pursuit Package AWD vehicles to Mitchell Chrysler Dodge. Jeep Rami int thet total bid amount of$130,470.00 ($43,490.00 each). Other bids  received are as follows:  Stivers Chrysler Dodge. Jeep Ram $43,459.36 each for a total bido of$130,378.08 **(didi not meet bid specijications regarding bidj form submittal requirements)**  Council Member Padgett moved to award Bid) Requisition No. 2024-01 tol Mitchell Chrysler Dodge. Jeep Ram int thet total bid amount of$130,470.00. Council Member. Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- - Aye; Johnson- Aye; Townsend- -Aye. Thel President  declared the motion carried. NEW BUSINESS  INTRODUCEPLANNING: COMMISSION RECOMMENDATIONS  Introduce for the record, al letter from thel Enterprise Planning Commission to approve the following requests: Ar request by Chapple Hilll Land Development, LLC, on behalf of Brendal Byrd and Scott Curington, fort the annexation andz zoning of5.4a acres ofl land tol R-100 (Residential District) located att the southeast corner ofOzark Highway and Shellfield. Road/County Road 700. Ar request by Chapple Hilll Land Development, LLC, on behalf of Brendal Byrd and Scott Curington, for the rezone of 86.35 acres ofl land from AG-2( (Agricultural District)t to R-100 (Residential District) located at the southeast corner of Ozark Highway and Shellfield Road/County Road 700. Ai request by Billy Cotter Construction, Inc., on behalfo of Ashton Parrish, for the rezone of1 10a acres ofl land from R-75-S (Residential District) and B-1 (Business District) to TH-1 (Townhouse District)  located onl Doster Street.  INTRODUCEORDNANCE 02-06-24 (Annexation & Zoning/Byrd & Curington)  Thel President introduced Ordinance 02-06-24, providing for the annexation and: zoning of5 5.4 acres of land owned by Brendal Byrd and Scott Curington into the city limits and to establish zoning ofR-100 (Residential District), and called for aj publicl hearing tol bel held att the regular meeting scheduled forl March 5,2024. Thel Presidenti introduced Ordinance 02-06-24-A, providing fort the rezone of 86.35 acres ofl land owned by Brenda Byrd and Scott Curington from AG-2(Agricultural District) tol R-100 (Residentiall District) located at the southeast corner of Ozark Highway and Shellfield! Road/County Road' 700, and calledi fora a public Thel President introduced Ordinance 02-06-24-B, providing for the rezone of 10 acres ofl land owned by Ashton Parrish from R-75-S (Residential District): and B-1 (Business District) to TH-1 (Townhouse District) located on Doster Street, and calledf for aj public hearing tob bel held att the regular meeting scheduled for REVIEW, & CONSIDER RESOLUTION 02-06-24(Set) Public Hearing/Vacatingl Portion ofUn-Named Thel President introduced and called for consideration ofa an Application and Resolution 02-06-24, related to the partial vacation of an un-namedi road. The resolution sets a public hearing as to the partial vacation for Council Member Johnson moved toa adopt Resolution 02-06-24. Council Member Richs seconded the motion. The vote being: Rich- -4 Aye; Goolsby Aye; Padgett- Aye; Johnson - Aye; Townsend Aye. The President declared the motion carried and Resolution 02-06-24 duly passed and adopted. ACCEPTO GRANTI FINDSAUTHORZEMAYOE TOEXECUTE AGREEMENT (Department of Following ab brief overview byl Police Chief Michael Moore, the President called for a motion to accept grant fundsi int the amount of $44,800.001 from the Department of Homeland Security and further authorize the Mayor tos sign any and all documents relatedt tot the grant agreement. The funding will be utilized to purchase search andi rescue equipments such as communication headsets, radios, thermal imaging andi night vision Council Member Richi moved to accept $44,800.00 in Department ofl Homeland Security grant funds and further authorize thel Mayor tos sign any and all documents related tot the grant agreement. Council Member Goolsby seconded the motion. The vote being: Rich-Aye; Goolsby- Aye; Padgett- - Aye; Johnson - Aye;  INTRODUCE ORDINANCE02.662HAL (Byrd/Curington Rezone)  hearing tol bel held att the regular meeting scheduled for March 5,2 2024. INTRODUCEORDNANCE: 02-06-24-B (Parrish Rezone)  March 5, 2024. Road)  April2,2 2024 att the regularly scheduled Council Meeting.  Homeland Security/Policel Department)  equipment, and searchlights. No city match is required.  Townsend- - Aye. Thel President declared the motion carried.    CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2024  Page 5  AUTHORIZE MAYOR TOI EXECUTE. NTERGOVERMMENTAL: SUPPORT AGREEMENT (Grounds Council President Townsend called on City Administrator Jonathan' Tullos, who presented an overview of the agreement. Thel President called fora ai motion to authorize thel Mayor toe execute anl Intergovernmental Support Agreement (IGSA) between the United States and the City of Enterprise for grounds maintenance services tol be provided byt the city at Shell Army Airfield, per the terms oft the agreement. Council Member Padgett moved to authorize the Mayor to execute the Intergovernmental Support Agreement as submitted. Council Member. Johnson seconded the motion. The vote being: Rich - Aye; Goolsby Aye; Padgett- Aye; Johnson- Aye; Townsend- Aye. The President declared the motion carried. AUTHORIZE FIRE CHIEF TOIXKCITECONTRACTESE Haven) Baby) Boxes) Thel President called for a motion to authorize thel Fire Chieft to execute a contract with Safe Haven Baby Boxes upon review and approval by the City Attorney. The city will be provideda a grant ofu up to $18,000.00 from Kids tol Lovef for the purchase andi installation ofa Safe Haven Baby Box at Central Fire Station, 301 Plazal Drive. In. June of 2023, Safe Haven laws in the State of Alabama were changed from mothers being allowed to "drop off"i infants less than 721 hours old at hospitals to newborns up to 45 days old ate either Council Member. Johnson moved to authorize the Fire Chieft to execute a contract with Safe Haven Baby Boxes upon review and approval by the City Attorney. Council Member Rich seconded the motion. The votel being: Rich- Aye; Goolsby - Aye; Padgett- - Aye; Johnson Aye; Townsend- - Aye. The President Thel President introduced and called for consideration ofa request from Billy Powell, Director of Community Services and Recreation, toy purchase the following! budgeted equipment from Deere & Company, d/b/a  Maintenance Services/Shell Army Airfield)  hospitals ori fire stations.  declared the motion carried.  REQUEST PERMISSION TOI PURCHASEI EQUIPMENT (Parks & Recreation) SunSouth! LLC, through the AL Tractors Contract, atat total cost of $304,470.64: One (1)2023. John Deerel FC15M Flex Wing Rotary Cutter $23,601.60 One (1)2 2024. John Deerel FC20R Flex Wing Rotary Cutter One (1)2023. John Deere 6110M Cab Tractor One (1): 2023. John Deere 6120M Cab' Tractor  $37,707.84 $117,622.08 $124,539.12  Council Member Goolsby moved to approve the purchase request as submitted. Council Member Padgett seconded the motion. The vote being: Rich- - Aye; Goolsby- Aye; Padgett- Aye; Johnson- - Aye;  Townsend- Aye. Thel President declared the motion carried. REQUEST PERMISSIONI TOPURCHASE) EQUIPMENT (Public Works) Barry Mott to purchase the following equipment included int the FY: 2024 budget:  Thel President introduced: and called for consideration ofar request from City Engineer/Public Works Director One (1)John Deere 15' Batwing Bush Hog Mower from SunSouth LLC, through the AL Tractors One (1)Trailer World" Trailer for the portable scissor lift at $6,500.001 from Trailer World. Council Member. Johnson moved to approve the purchase request as submitted. Councill Member Padgett seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett Aye; Johnson- Aye; REQUESTI PERMISSIONTOSEEK BIDS (Engineering & Public Works/Vehicles)  Contract, for $25,000.00.  Townsend- Aye. Thel President declared the motion carried. Barry Mott tos seek bids for the following vehicles:  Thel President introduçed and calledi for consideration ofar request from City Engineer/Public Works Director  Engineering Disposal Sanitation Sewer Street  Five (5)E Ford Maverick Trucks or approved equivalent Two (2) %1 Ton 2x4 Pickup Trucks One (1)%4Ton 2x41 Pickup Truck Two (2)! %1 Ton 2x4 Pickup Trucks One (1)%1 Ton 4x41 Pickup' Truck One (1) %Ton 4x4 Pickup Truck One (1) 1-Ton 4x4 Pickup' Truck with al Utility Bed One (1)%4Ton 4x4 Pickup Truck One (1) Dump Truck  Council Member Padgett moved to approve the request to seek bids as submitted. Council Member Rich secondedt the motion. The vote being: Rich- - Aye; Goolsby- - Aye; Padgett- - Aye;. Johnson- Aye;  Townsend- -Aye. Thel President declared the motion carried.    CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2024 REVIEW, &C CONSIDER STREET LIGHTING. MODIFICATION (Archer Trail) Thomas Hardy toi install the following street lights at an annual cost of $906.00: Two (2) 40W LED: fixtures and poles on Archer Trail Townsend - Aye. Thel President declared the motion carried. INTRODUCE ABC LICENSE REQUESTLas Galeras Mexican Restaurant) hearing tol bel held at the regular meeting scheduled for February 20, 2024.  Page 6  The President introduced and called for consideration ofa request from Assistant Director of Engineering Council Member Goolsby moved to approve the street lighting request as submitted. Council Member Rich seconded the motion. The vote being: Rich Aye; Goolsby Aye; Padgett- - Aye; Johnson - Aye;  Thel President introduced a request from Las Galeras Mexican Restaurant LLC d/b/al Las Galeras Mexican Restaurant for a Restaurant Retail Liquor license located at 2952 Rucker Boulevard, and called for a public Mayor Cooper asked attendees toj joinl himi in a moment ofs silence in honor of longtime local TVj journalist, Following the moment of silence, Mayor Cooper provided reports and updates from various departments, Council Members thanked everyone for their comments, congratulated the EHS Girls Wrestling Team on There being no further business before the Council, the President declared the Regular Session adjourned at  MAYORS REPORT  Mike Gurspan, who passed away last week. COUNCILI MEMBERS COMMENTS  projects, ande events.  their accomplishments, and thanked meeting attendees and citizens watching online.  ADJOURNMENT 8:20 p.m. Turner' Townsend Council President  Beverly Sweeney City Clerk    CONTRACT BILLINGS REGISTER  FEBRUARY 20, 2024  1. Wiregrass Construction Company, Inc. - 2. Beasley Construction Services, Inc.-  Estimate No. 101 Final $225,036.55- Construction -) FY23 Resurtacing/Phase III (B) Estimate No. 12-5104,433.38- Comsinuction-Miatpupoe Rec Complex/Phase I  3. Poly,Inc.-  Invoice No. 20201 -5,62630-Comsinuetion Phase Services - Multipurpose Rec Complex/Phasel Invoice No. 20202-$769.94-1 Engineering Design- - FY23 Resurfacing/Phase III (B)  4. Fine Geddie & Associates-  Invoice No. 2652-56,250.00- - Contract Services - February 2024  TOTAL CONTRACT BILLINGS - $339,116.37    FY23 RESURFACING IMPROVEMENTS/P PHASE II(B)  ESTIMATE NO._10 (CONT.)  (A) Original Contract. Amount.  $2,495,728.40  (B) Plus: Additions Scheduled in Change Orders (C) Less: Deductions Scheduled in Change Order. (D) Adjusted Contract Amount to Date. ANALYSIS OF WORK PERFORMED:  $2,495,728.40 $2,250,365.52 $2,250,365.52 $2,250,365.52 $0.00 $2.250,365.52 $2,025,328.97 $225,036.55  (A) Cost of original contract work performed to date. (B) Change Order work performed to date. (C) Total Cost of work performed to date. (D) Stored Materials. (E) Subtotal of Items (c) and (d).  (F) Less: Amount retained in accordance with contract terms (G) Net amount earned on contract work to date. (H) Less: Amount of previous payments. () BALANCE DUE THIS PAYMENT. CONTRACTOR'S CERTIFICATION  According to the best of my knowledge and belief, Icertify that all items and amounts shown on thet face of this Periodic Estimate for Partial Payment are correct; that all work has been performed andlor materials supplied in full accordance with the requirements of the referenced contract, and/or duly authorized deviations, substitutions, aiterations, and/or additions; that the foregoing is a true and correct statement oft the contract account up to andi including the! last day oft the period covered by this Periodic Estimate; that no part of the Balance Due this Payment" has been received, and that the Ifurther certify that the labor and materials listed on this request for payment have been used in the construction of this work or that all materials included in this request for payment and noty yet incorporated into the construction are now on the site or stored at an approved location; and payment received from the last request for payment has been used to  undersigned and his subcontractors have complied with all the labor provisions ofs said contract.  make payments to all first tier subcontractors and suppliers except as listed below.  Dmbip  2/924 Date  Jamey Padget, Assistant Sesretary ENGINEER'S CERTIFICATION  I'certify that lhave checked the above Periodic Estimate for Partial Payment and that to the best of my knowledge and belief ikis a true and correct statement of work performed and/or material supplied by the Contractor; and that partial payment claim and requested by the Contractor is correctly computed on the basis of work performed and/or material  ppliAgo date. Glenn Morgan,  -  0214204 Date  l  P.E. Project No. 11-460.01  Page 3 of3    ENTERPRISE MULTIPURPOSE RECREATIONAL COMPLEX- PHASE1  ESTIMATE NO. 12_ (CONT.)  CITY OF ENTERPRISE, ALABAMA (A) Original Contract Amount.  $3,953,589.00  (B) Plus: Additions Scheduled in Change Orders (C) Less: Deductions Scheduled in Change Order (D) Adjusted Contract Amount to Date. ANALYSIS OF WORK PERFORMED:  $3,953,589.00 $3,348,004.69 $3,348,004.69 $2,900.00 $3,350,904.69 $98,839.73 $3,252,064.96 $3,147,631.58 $104,433.38  (A) Cost of original contract work performed to date. (B) Change Order work performed to date. (C) Total Cost of work performed to date. (D) Stored Materials. (E) Subtotal of Items (c) and (d).  (F) Less: Amount retained in accordance with contract terms. (G) Net amount earned on contract work to date (H) Less: Amount of previous payments. () BALANCE DUE THIS PAYMENT. CONTRACTOR'S CERTIFICATION  According to the best of my knowledge and belief, Icertify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or materials supplied in full accordance with the requirements of the referenced contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the Balance Due this Payment" has been received, and that the further certify that the labor and materials listed on this request for payment have been used in the construction of this work or that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location; and payment received from the last request for payment has been used to  undersigned and his subcontractors have complied with all the labor provisions of said contract.  make payments to all first tiers subcontractors and suppliers except as listed below.  durdany Jaaw Lindsay Sassé, Project Manager ENGINEER'S CERTIFICATION  1/31/2024 Date  Icertify that I have checked the above Periodic Estimate for Partial Payment and that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the Contractor, and that partial  claim and  by the Contractor is correctly computed on the basis of work performed and/or material  02/1404 Date  CGiefinMorgan,  SEI  P.E. Project No. 11-443  Page 4of4    Poly, Inc.  P.O. Box 837- Dothan, AL 36302 1935 Headland Ave. - Dothan, AL 36303 Telephone: 334.793.4700 Fax: 334.793.9015 www.poly-nc.com  POLY  INVOICE The City of Enterprise PO Box 311000 Enterprise, Alabama 36331-1000 Attn: Mrs. Beverly Sweeney, City Clerk  INVOICE: 20201 DATE: TERMS: JOBNO.:  02/14/24 NET: 30 Days 11-443  FOR PROFESSIONAL SERVICES RENDERED AS FOLLOWS:  Re: Enterprise Multipurpose Recreational Complex - Phasel  Construction Phase services rendered under Task Order No. 53.  Contract Amount $3,953,589.00 Contractor Beasley Construction Services Construction Administration Phase: $72,000.00 x 85% Construction: 22023-01/3124; Resident Project Representative I: 527.50 hrs. (Reg.). x $93.30/hr.. 65 hrs. (OT): x $139.95/hr.  $61,200.00  $49,215.75 $9,096.75  Total Amount Less Previous Payments Amount Due This Invoice  $119,512.50 $116,886.00 $2,626.50  Please Remit To: Poly, Inc., P.O. Box 837, Dothan, AL 36302  THANK' YOUFOR' YOUR BUSINESS!    Poly, Inc.  P.O. Box 837-D Dothan, AL 36302 1935 Headland Ave. - Dothan, AL 36303 Telephone: 334.793.4700 Fax: 334.793.9015 www.poly-inc.com  POLY  INVOICE The City of Enterprise POI Box 311000 Enterprise, Alabama 36331-1000 Attn: Mrs. Beverly Sweeney, City Clerk  INVOICE: 20202 DATE: TERMS: JOBNO.:  02/14/24 NET 30 Days 11-460.01  FOR PROFESSIONAL SERVICES RENDERED AS FOLLOWS:  Re: FY23 Resurfacing Improvements Phase III (B)  Engineering design services rendered under Task Order No. 511 for FY23 Resurfacing  Improvements Phase III (B):  Original Construction Contract Amount $2,495,728.40 Final Contract Amount with Change Order No. 1- $2,250,365.52  Wiregrass Construction, Inc. Amount Due Preliminary Design Phase: $2,495,728.40x. .50% x: 100% Amount Due Final Design Phase: $2,495,728.40: x: 3.25% x 100% Amount Due Bidding Phase: $2,495,728.40x: .25% x 100% Amount Due Construction Administration: 52.250,385.52x2.09 x1 100% Construction Representative (01/01/2023 - 02/09/2024) Resident Project Representative I: 389.50 hrs. (Reg.)x x $93.30/hr.. 84.50 hrs. (OT)x$139.95hr. Resident Project Representative :: 199.5 hrs. Reg.)x$64.21/hr. 2 hrs. (OT)x$96.32/hr.  $12,478.64 $81,111.17 $6,239.32 $45,007.31 $36,340.35 $11,825.78 $12,809.90 $192.64  Total Amount Less Previous Payments Amount Due This Invoice  $206,005.11 $205,235.17 $769.94  Please Remit To: Poly, Inc., P.O. Box 837, Dothan, AL 36302  THANK YOUI FOR YOUR BUSINESS!    FINE GEDDIE & ASSOCIATES 1ISEO LIAGI TTLOSPVL  City of Enterprise P.O. Box 311000 Enterprise, AL 36331  Invoice Date 2/1/2024  Invoice # 2652  Amount  Services Rendered February 2024  6,250.00  Total  S6,250.00  OHCTBON 138 36A44025 : KHISAAERVN 2.436BA3 36104  00P9A.    TRAVEL REQUESTS CITY COUNCIL MEETING FEBRUARY 20, 2024  Main Street Mariah Montgomery (7) Volunteers Main Street NOW National Conference Birmingham, Alabama May 5-9, ,2024 Estimated Cost: $8,095.54    RISE  F PRO  CITY OF ENTERPRISE TRAVEL REQUEST FORM  NAME OF EMPLOYEE: TITLE OF EMPLOYEE: DEPARTMENT:  Mariah Montgomery Main Street Executive Director Main Street/Community Relations  ANTICIPATED TRAVEL DATES: May 5-9, 2024  LOCATION OF TRAVEL:  Birmingham, Alabama  SPECIFIC BUSINESS PURPOSE: Main Street NOW National Conference (attendee & speaker)  (i.e. seminar, attend conference, continuing education, etc.)  Describe the essential nature of the travel request and how this travel will benefit the City: The City is required to promote and encourage local committee and board member attendance at local, state and national training opportunities. These trainings help keep the board members engaged and informed. The 2024 Main Street Now National Conference will be held in Birmingham, Alabama. This year, the MSE Director, Mariah Montgomery, has been selected Attending this conference would prove highly beneficial as it focuses on key aspects that contribute to the vibrancy and resilience of communities. The event highlights welcoming and belonging strategies, emphasizing the importance of fostering inclusivity and community ownership in downtown areas, ensuring equal access for individuals of all backgrounds. Additionally, the conference delves into the significance of civic infrastructure, such as parks and public spaces, in boosting local economies, fostering trust, and promoting health and well- being. Understanding the interconnected policies and programs that shape a sense of place is crucial for Main Street organizations seeking to enhance their districts' social, civic, and economic fabric. Furthermore, the conference addresses the evolving economic landscape and  (Make sure top provide the full name of acronyms used.)  to lead an education session as well as sit on a panel for another session.    offers insights into reimagining local spaces and economies. Attendees will gain valuable knowledge on adopting future-focused solutions, supporting local investment, and activating underutilized spaces to navigate challenges and promote grassroots economic vitality. Overall, the conference provides a comprehensive platform for learning and collaboration to create This is a unique opportunity to try to encourage all of our MSE BOD members to attend as itis more attainable than out of state conferences. In 2023, reported volunteer hours for the Main Street Enterprise program were over 3,000. To put it in perspective, to pay someone minimum wage for that work, it would cost the city $21,750. Covering the expenses of Main Street trainings is an impactful way to thank the volunteers for donating their time to the program  more: sustainable, inclusive, and resilient communities.  which would not be successful without them.  Total: $8,095.54 to send Director and 7 Volunteers (also includes registration fee only for 2 other volunteers)  Employee Signature: Mariak MHontponery Dept. Head Signature: BKPel  Date: 2/12/2024 Date: 2/12/24    CITY OF ENTERPRISE  APPLICATION FORAPARADE/PUBLIC DEMONSTRATION. PERMIT  DATE: 01/24/2024  NAME OF ORGANIZATION: Enterprise Chamber of Commerce, Inc.  PHONE: 334-347-0581  PERSONORGANZATION Erin Grantham  334-714-4557  RESPONSIBLE: MAILING ADDRESS:  PHONE:  553 Glover Avenue, Enterprise, Alabama 36330  Iti is respectfully submitted that a public assembly permit be issued to the above-named person or organization. The following (1) The purpose oft the public assembly is: World's Smallest St. Patrick's Day Parade and Half Pint 0.5K  items ofi information are submitted:  (2) Date of Assembly: 03/16/2024 (4) Number of Persons: 500  Hours: Number of Animals: 0  Begin 11:30 am  End 3:00 pm Number of Floats: 0  (5) Route of parade: (Attach map if needed) Block request from 11:30 am to 12:30 pmi for E College St. from  courthouse around Boll Weevil Monument and back down to courthouse Temporary street closure request for 0.5K race route from S Edwards/E Lee St> E Harrison St> S Main St> S Conner Sti following St. Patrick's Day Parade at 12:00 pm (race to begin approximately 12:30 pm). Additional partial block request from 11:30 am to 3:00 pm ofs Conner St from E Harrison St/S Conner St down to W College St/s Conner St. for  for Parade.  0.5K post-race celebration at CrossFit FXT.  This requested permit is hereby ()Granted ()Denied  DATE:  William E. Cooper Mayor Enterprise, Alabama  Your permit must be submitted at least five (5) days before the event is to' take place.    CITY OF ENTERPRISE  APPLICATION FORAPARADEPUBLIC DEMONSTRATION PERMIT  DATE: February5,2024  NAME OF ORGANIZATION: Special Olympics LE Torch Run PERSONORGANZATION Chief Michael G Moore  PHONE: 334-348-2620  334-348-2620  RESPONSIBLE: MAILING ADDRESS:  Captain Billy Haglund PO Box 31000 Enterprise, AL 36331  PHONE:  Itisr respectfully submitted that a public assembly permit be issued to the above-named person or organization. The following (1) The purpose of the public assembly is: the LETRisan running event in which officers and athletes carry the Flame of Hope to the Opening Ceremony ofl local Special Olympics competitions. Local surrounding LE agencies will meet with  items of information are submitted:  the athletes and run with them carrying the torch as they make their way to the high school.  (2) Date of Assembly: March 22, 2024 (4) Number of Persons: 150  (3) Hours:  Begin 0730  End 0900 Number of Floats: N/A  Number of Animals: Unknown  (5) Route of parade: (Attach mapi if needed) The starting point will be at the monument, the run will move North on Main Street to the Enterprise High School. The duration oft the road closure will be dependent on the pace of the athletes.  This requested permit is hereby ()Granted ()Denied  DATE:  William E. Cooper Mayor Enterprise, Alabama  Your permit must be submitted at least five (5) days before the event is to take place.    CITY OF ENTERPRISE DATE:1/4/2024 NAME OF ORGANIZATION:  APPLICATION FOR A PARADE/PUBLIC EVENTI DEMONSTRATION PERMIT  Main Street Enterprise Mariah Montgomery Friends ofN Main Street- Wendy Grimes Wendy Grimes (FOMS President) 501 S. Main Street, Enterprise, AL: 36330  PHONE: PHONE:  334-406-1274 334-806-7194 334-406-1274 334-806-7194  PERSONORGANZATION RESPONSIBLE: Mariah Montgomery (Main Street Director)  MAILING ADDRESS:  Itis respectfully submitted that a public assembly permit bei issued to the above-named person or organization. The followingi items ofi information are  submitted:  (1) The purpose oft the public assembly is: Spring Festival att the Monument 2024  This annual spring event features ay vendor market, music, inflatables, food trucks, and more. MSE and FOMS are requesting a street closure ofE East & West College Street, Easy Street, East &  West Grubbs Street and Main Street. (3) Hours: Event Hours  (2) Date ofA Assembly: 04/13/2024  Begin: 10:00AM Close: 7:00AM Close: 4:45AM Close: 7:00AM Close: 7:00AM Close: 7:00AM Close: 8:00AM Number of Floats:0  End: 3:00PM Open: 4:00PM Open: 4:00PM Open: 4:00PM Open: 4:00PM Open: 4:00PM Open: 4:00PM  West College Street (Main toF Railroad Tracks) East College Street (Edwards to! Main) Easy Street (Edwards tol Main) West Grubbs Street (Maint to Railroad Street) East Grubbs Street (Edwards tol Main) Main Street (Leet tol Harrison) Number of Animals: 20+  Number of Persons: 5000+ Route of parade: NIA  This eventi is a street festival with retail and food vendors, music, and activities that will require the  following street closures to accommodate set up and break down: College Street (Edwards to Railroad" Tracks)f from 7 AMto4 4PM Easy Street (Edwards to Main) from 7/ AMt to4F PM West Grubbs Street (Maint to Railroad Street)f from7 7AMt to4PM East Grubbs Street (Edwards to Main) from7 7AMt to4PM Main Street (Lee tol Harrison)f from 8AM to4PM  Ifnota a Parade, please describe function in detail (attach map ifneeded): Event Rain Date: 04/20/2023  For the closure of Main Street, MSE/FOMS will submit an additional closure request to ALDOT.  This requested permiti is hereby () Granted( ()Denied  DATE:  William E. Cooper Mayor Enterprise, Alabama  Your permit must be submitted at least five (5) days before the eventi is to take place.  "Please use a separate sheet ofp paper forf furtheri information.    ABC PUBLIC HEARING FEBRAURY 20, 2024  BUSINESS NAME:  LAS GALERAS MEXICAN RESTAURANT  LLC  DBA:  LAS GALERAS MEXICAN RESTAURANT  LOCATION ADDRESS:  2952 RUCKER BLVD ENTERPRISE, AL 36330  LICENSES APPLYING FOR:  RESTAURANT RETAIL LIQUOR  THIS LICENSE CAN BE VOTED ON FEBRUARY 20, 2024.      City of Enterprise  Department of Engineering Services & Public' Works  501SN Main Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  OFPROG  December 19, 2023 City of Enterprise Enterprise, AL Council Members:  Enterprise City Council Members  The Enterprise Planning Commission held a public hearing on December 18,  2023, to consider and act upon the following requests:  1. A request by The City of Enterprise to accept and adopt the 2023 2. Ar request by The City of Enterprise to accept and adopt the 2023  City of Enterprise Zoning Ordinance. City of Enterprise Zoning Map.  The Planning Commission recommends that you approve these requests.  Sincerely,  CLIY Thomas Hardy  Assistant Director of Engineering Services    City of Enterprise  Department of Engineering Services & Public Works  501SMain Street Enterprise, Alabama 36330 Phone (334) 348-2671 Fax (334)348-2672  OFPROE  February 14, 2024 City of Enterprise Enterprise, AL Council Members:  Enterprise City Council Members  The Enterprise Planning Commission held a public hearing on February 13,  2024, to consider and act upon the following request:  A request by Northstar Engineering Services, on behalfo of Richard Bray, for the rezoning of 33.23 acres of land from R-75-S (Residential District) and B-1 (Business District), as shown on Map A, present, to R-65 (Residential District) as shown on Map B,  proposed, located at 408 Chambers Street.  The Planning Commission recommends that you approve this request.  Sincerely,  Lwtwy Thomas Hardy  Assistant Director of Engineering Services    City of Enterprise  Department of Engineering Services & PublicWorks  501 SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  OFPROE  February 14, 2024 City of Enterprise Enterprise, AL Council Members:  Enterprise City Council Members  The Enterprise Planning Commission held a public hearing on February 13,  2024, to consider and act upon the following request:  Arequest by Boyd Engineering, LLC, on behalfof2F4B LLC, for the rezoning of 1.41 acres ofland from R-65 (Residential District), as shown on Map A, present, to B-3 (Business District), as shown on Map B, proposed, located at 2900 Porter Lunsford Road.  The Planning Commission recommends that you approve this request.  Sincerely, - Thomas Hardy  7  Assistant Director of Engineering Services    ORDINANCE 02-20-24 ENTERPRISE ZONING ORDINANCE  AN ORDINANCE ESTABLISHING COMPREHENSIVE: ZONING REGULATIONS FOR THECITY OF ENTERPRISE, ALABAMA, ANDI PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF THE. AUTHORITY WHEREAS, Code of Alabama, 1975, Section 11-52-1, et. seq. empowers the City of Enterprise to enacta zoning ordinance, and to provide for, among other things, its administration, enforcement, and amendment, WHEREAS, the City Council deems iti necessary, for the purpose of promoting the health, safety, morals, WHEREAS, the Enterprise Planning Commission provided its report and recommendations tot the City Council as to the: zoning ordinance, known sometimes as the "Enterprise Zoning Ordinance," and WHEREAS, the: zoning ordinance divides the City into districts and includes regulations pertaining to such districts in accordance with a comprehensive plan, and designed to lessen undue congestion int the streets, to help secure safty from fire, panic, and other dangers, toj promote health and the general welfare, to provide adequate light and air, toj prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision oft transportation, water, sewerage, schools, parks and other public WHEREAS, the City Council has given due public notice ofhearings relating to zoning districts, regulations, and restrictions and has helds such public hearings as provided by the zoning ordinance, and WHEREAS, all requirements ofCode of Alabama 1975, Section 11-52-1 et. seq., with regard to the preparation oft the report and recommendation. of the Planning Commission and subsequent action oft the City NOW, THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA that the body and text oft the ENTERPRISE ZONING ORDINANCE whichi is included herein, attached hereto and is incorporated herein in full as iffullys set out, along with the: zoning mapi related tos said ordinance, be and is hereby adopted and shall be included in its entirety in the City ofEnterprise, Alabama  GRANTED BY THE CODE OF ALABAMA 1975,SEC. 11-52-1 et.s seq.  and  and general welfare ofthe City to enact such an ordinance, and  requirements, and  Council have been met,  Code ofOrdinances. Duly Passed and Adopted this  day of  2024.  COUNCIL:  Council President Turner Townsend, District #5 Council Member Sonya W. Rich, District#I Council Member Eugene Goolsby, District? #2 Council Member Greg Padgett, District#3 Council Member Scotty Johnson, District #4  ATTEST:  Beverly Sweeney, City Clerk    ORDINANCE02-20.24 Transmitted to the Mayor this_ Beverly Sweeney, City Clerk  Page 2  day of  2024.  ACTION OF THEI MAYOR: Approved this  day of_  2024.  William E. Cooper, Mayor  ATTEST:  Beverly Sweeney, City Clerk    H A  OF PROIRY  ZONING ORDINANCE  City of Enterprise, Alabama  Draft: December 18, 2023    Article 1: AUTHORITY, PURPOSE, AND SCOPE. $1.01. Statutory Authority. $1.02. Short Title $1.03. Purpose. $1.04. Applicability and Compliance. $1.05. Minimum Requirements $1.06. Conflict With Other Regulations $1.07. .Severability $1.08. Repeal of Conflicting Ordinances. $1.09. Establishment Of Zoning Districts. $1.10. Annexed Property. Article 2: DEFINITIONS $2.01. Interpretation. $2.02. Interpretation of Commonly Used Terms and Phrases $2.03. General Definitions. $2.04. Use Definitions $2.05. Abbreviations used int this Ordinance. Article 3: GENERAL REGULATIONS $3.01. Uses.. $3.02. Lots, Yards and Open Spaces.. $3.03. Structures $3.04. Swimming and wading pools.. $3.05. Parking, Loading and Driveways $3.06. Signs. $3.07. Landscaping, Screening and Buffers $3.08. Sight Distance, Clearance for Pedestrian Movement. $3.09.Fences, Walls, and Hedges. $3.10. Common Open Spaces and Facilities $3.11. Parking and Storage of Certain' Vehicles. $3.12. Tree Protection. $3.13. Farm Animals $3.14. Donation Bins Article 4: RESIDENTIAL DISTRICTS $4.01. General Regulations  1-1 1-1 1-1 1-1 1-1 1-1 1-1 1-1 1-1 1-1 1-2 2-1 2-1 2-1 2-1 2-7 2-16 3-1 3-1 3-1 3-2 3-4 3-4 3-5 3-5 3-5 3-6 3-6 3-7 3-7 3-7 3-7 4-1 4-1 4-2 4-2 4-2 4-2 4-2 4-2 4-3 5-1 5-1 .5-1 .5-1 .5-1 5-2 5-2 5-2 6-1  $4.02. R-1 Low Density Single-Family Residential District.. $4.03. R-2 Medium Density Single-Family Residential District.. 54.04. R-3 High Density Single-Family Residential District. $4.05. R-4 Mixed Residential District. $4.06. R-5 Multifamily Residential District $4.07. R-TTownhouse District. $4.08. MHP Manufactured Home Park District. Article! 5: NONRESIDENTIAL DISTRICTS. $5.01. General Regulations $5.02. B-1 General Business District. $5.03. B-2 Downtown Business District. $5.04. B-3 Highway Commercial District.. $5.05. INST Institutional District $5.06. M-1 Light Industrial District.. $5.07. M-2 General Industrial District.. Article 6: SPECIAL DISTRICTS    $6.01. AG Agricultural District.. $6.02. HCH Highway Corridor Overlay District. $6.03. Planned Residential District. $6.04. PBDI Planned Business District.. $6.05. Downtown Overlay District. 56.06.A-ZAirport: Zoning Districts. Article 7: USE-SPECIFIC REGULATIONS. $7.01.Accessory Dwellings $7.02. Alternative Financial Services.. $7.03. Bed and Breakfast. $7.04. Cemeteries. $7.05. Conservation Subdivision. $7.06. Cottage Development $7.07. Emergency and Transitional Care Homes $7.08. Home Occupations $7.09.. Junkyards. $7.10. Keeping of Chickens $7.11. Keeping of Honeybees. $7.12. Mini-warehouses. $7.13. Multifamily Development $7.14. Recreational Vehicle Parks and Campgrounds $715.Telecommunkation Towers. $7.16.Temporary Uses.. $7.17. Townhouses. Article 8: PARKING ANDI LOADING. $8.01. Definitions.. $8.02. Parking Required $8.03. Location. $8.04. Design Standards. $8.05. Off-street Loading requirements Article 9: SIGNS $9.01. Purpose, Applicability. $9.02. Definitions. $9.03. Permitting. $9.04. General Regulations Applying to. All Signs $9.05. Standards by Sign Type. $9.06. Signs Permitted in All Districts $9.07. Residential Districts $9.08. Nonresidential Districts. $9.09. AGI District.. $9.10. Off-Premises Signs. $9.11. Nonconforming signs.. $9.12. Penalties Article 10:LANDSCAPING. $10.01. Definitions $10.02. Screening. $10.03. Buffers 510.04. Vehicular Area Landscaping $10.05. Design Standards for Required Fences. $10.06. Modifications. $10.07. Required maintenance  6-1 6-1 6-3 6-7 6-9 6-11 7-1 7-1 7-1 7-2 7-2 7-2 7-5 7-5 7-5 7-6 7-6 7-7 7-9 7-9 .7-11 7-12 7-16 7-18 8-1 8-1 8-1 8-2 8-5 8-6 9-1 9-1 9-1 9-2 9-3 9-6 9-6 9-7 9-8 9-10 9-10 .9-12 .9-12 10-1 10-1 10-1 10-2 10-4 10-5 10-6 10-6  ii    Article ILNONCONFORMITIES $11.01. General Provisions. $11.02. Definition of Nonconformities. $11.03. Nonconforming' Lots of Record. $11.04. General Provisions. $11.05. Minor Nonconformities. $11.06. Nonconforming Uses. Article 12:BOARD OF ADJUSTMENT. $12.01. Establishment and Membership. $12.02. Meetings, Procedures and Records $12.03. Powers and Duties.. $12.04. Administrative. Appeals. $12.05. Variances. $12.06. Special Exceptions. $12.07. Public Notice. 512.08. Abatement of Nuisance.. $12.09. Rehearings. Article S:ADMINISTRATION. $13.01. Enforcement. $13.02. Fees.. $13.03. Development Plans.. $13.04. Amendments $13.05. Statutory Review. $13.06. Penalties and Remedies  .11-1 11-1 11-1 11-1 11-1 11-2 11-2 11-2 12-1 12-1 12-1 12-1 12-1 12-2 12-3 12-4 12-4 12-4 12-5 ..13-1 13-1 13-2 13-2 13-2 13-3 13-3  $11.07. Distance regulationi in applicable districts- sale of alcohol  $12.10. Appeals From Action of the Board of Adjustment  li    This page intentionally left blank.  iv    Article 1/ Authority, Purpose and Scope  ARTICLE1: AUTHORITY, PURPOSE, AND SCOPE  $1.01. Statutory Authority  This Ordinance has been drafted, subjected to publicr creview, recommended by the Enterprise Planning Commission, and adopted by the Enterprise City Council under the authority of$11-52, Code of Alabama, as  amended. $1.02. Short Title  This Ordinance is known as the Enterprise. Zoning Ordinance, and the Zoning Map which isa part oft this  Ordinance is known as the Enterprise. Zoning Map.  $1.03. Purpose  The purpose oft this Ordinance is to influence the use of property within the City of Enterprise, toi implement and support the Comprehensive Plan and the developmental policies oft the City and to promote the public health, safety, morals, convenience, order, prosperity, and general welfare of the community.  $1.04. Applicability and Compliance  The provisions of this Ordinance apply to all property located within the corporate boundary oft the City of Enterprise, andi in other areas orj jurisdictions as allowed or provided byl law, as may be amended from time to time. All uses, structures, sites, lots and parcels must comply with the provisions oft this Ordinance.  $1.05. Minimum Requirements  The provisions of this Ordinance are considered minimum requirements to promote the public health, safety, and welfare. The provision oft this Ordinance do not lower the restrictions of plats, deeds or private contracts, if  such are greater than the provisions oft this Ordinance. $1.06. Conflict With Other Regulations  Ina any situation in which there is a conflict between the provisions ofthis Ordinance, and those ofa any statute,  local law or regulation, the most restrictive of such provisions applies andi is enforced.  $1.07. Severability  Ifany clause, portion, provision, or section oft this Ordinance is held tol bei invalid by any court of competent jurisdiction, such holding does not render invalid any other clause, portion, provision, or section. On the effective date of this Ordinance, all other local Ordinances or parts of Ordinances in conflict or inconsistent with this Ordinance, and all amendments thereto, are hereby repealed to the extent necessary to  $1.08. Repeal of Conflicting Ordinances give this Ordinance fullf force and effect. $1.09. Establishment Of Zoning Districts  1.09.01 Zoning Districts. Fort the purposes of this Ordinance, the area within the corporate boundary of the  City is subdivided into the following zoning districts: A. R-1 Low Density Single Family Residential District B. R-2 Medium Density Single Family Residential District C.R-31 High Density Single Family Residential District D. R-4 Mixed Residential District  1-1    E.R R-5Multifamily Residential District F.R R-TTownhouse Residential District G. MHP Manufactured Housing District H. B-1 Business District I. B-2 Central Business District J. B-3 Highway Commercial District K.I INST Institutional District L.M-1 Light Industrial District M. M-2 General Industrial District N. A AG Agriculture District O.HC Highway Corridor Overlay District P.DT Downtown Overlay District Q. PBD Planned Business District R.F PRD Planned Residential District  1.09.02 Official Zoning Map  A. The Cityi is hereby subdivided into zoning districts as shown on the Official Zoning Map of the City of Enterprise. This Official Map, together with alle explanatory materials it contains, is made a part of B. The Official Zoning Mapi is signed byt the Mayor, attested byt the City Clerk, and: shows the number Any changes made in district boundaries, or any other matter portrayed on the map, is entered on the map by Ordinance number and date of adoption within ten days ofs such adoption. D. Ifthe Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because oft the nature and/or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map. This new map may correct drafting or other errors or omissions, but no such 1.09.03 District Boundaries. The boundaries of the Zoning Districts as shown on the Official Zoning Map are intended to follow lot lines, the centerlines of streets or alleys, the centerline of railroad tracks, the centerlines of streams and watercourses, and the corporate boundary. Where any! boundary cannot be accurately determined from the Map, the Board of Adjustment determines where such boundary  this Ordinance andi is kept int the office oft the Building Department.  and date of adoption oft this Ordinance.  correction may have the result of amending the map.  iso officially located. $1.10. Annexed Property  Following the adoption of this Ordinance, any property annexed into the City will be assigned azoning classification by the City Council, after a recommendation from the Commission, compatible with the intent of the Comprehensive Plan taking into consideration the existing use and zoning of adjoining land. Any subsequent rezoning of such property follows the procedures for map amendments. set forth int this Ordinance.  1-2    Article 2 Definitions  ARTICLE2: DEFINITIONS $2.01. Interpretation  Certain words and phrases used in this Ordinance have the meaning ascribed tot them int this Article. Except as defined herein or int the City Subdivision Regulations, all other words used in this Ordinance have their  customary dictionary definition.  $2.02. Interpretation of Commonly Used' Terms and Phrases  The Zoning Official is authorized to make at final determination of the meaning of any word or phrase used in Int thei interpretation of this Zoning Ordinance, the provisions of this Section are applied unless the context clearly requires otherwise. Words used or definedi in one tense or form include the other tenses and derivative forms. Words in the singular number include the plural; and words in the plural number include the singular. The masculine gender includes the feminine and thet feminine gender includes the masculine. 2.02.01 The word' "person" includes at firm, corporation, association, organization, trust or partnership. 2.02.02 The words' "used" or' "occupied" as applied to any land or structure include all modifying words such  this Ordinance.  as' "intended", "arranged", or' designed" to be used or occupied.  2.02.03 The word "lot" includes the words "parcel" and "tract." 2.02.04 The word "must" is mandatory and not directory.  2.02.05 The word "may" is permissive. When used int the negative, iti is prohibitive (e.g., "may not" means  "prohibited"). $2.03. General Definitions  2.03.01 ACCESSORY STRUCTURE. Any detached structure located on the same lot with the principal structure, 2.03.02 ACCESSORY USE. A use customary andi incidental to the principal use oft the premises. 2.03.03 ADJACENT. Either adjoining or on the opposite side of a street or other right-of-way that separates it from the subject property. Properties separated by a railroad are not considered Adjacent. 2.03.04 ADJOINING. Having property or district lines in common. Properties separated by a right-of-way are Adjacent, but not Adjoining. However, notwithstanding the definitions set outi in $2.03.03 and int this $2.03.04, int the context of annexations under Alabama law, the words' "adjacent," " "adjoining," and "contiguous" shall have their meaning as proscribed by Alabama law and may be considered synonymous under Alabama law. Nothing in this ordinance or the aforementioned definitions is attempting to in any way alter Alabama law int this regard and neither this ordinance nor said definitions are intended to be more restrictive or limiting than as provided by Alabama lawi in the location of any oft the exterior walls ofas structure; or any increase int the interior accommodations of  the use of which is incidental to that oft the principal structure.  context of annexations. astructure. be located.  2.03.05 ALTERATION, ALTERED. Any addition to the height, width or depth ofa a structure; any change int the  2.03.06 APIARY. A place where bees are kept or a collection of honeybee colonies.  2.03.07 APPLICABLE DISTRICT. That zoning district in which the subject site, use or structure is or is proposed to  2-1    2.03.08 APPLICANT.A; person submitting an application for development,av variance, special exception, 2.03.09 APPROVING AUTHORITY. That official or body empowered to act on a request or matter pursuant to Alabama law and the provisions of this Ordinance, which includes but is not limited to:1)f for building permit applications and plans requiring only administrative approval, the Zoning Official; 2) for plans involving a Special Exception or Variance, the Board of Adjustment; 3)f for PRD Master Plans,  rezoning or other approval under this Zoning Ordinance.  the Commission; and 4) for PBD plans, the Council.  2.03.10 AWNING. A shelter attached to and hanging from a vertical surface or a building without any other 2.03.11 BASEMENT. A portion of a building having one-half or more of its floor-to-ceiling height below grade 2.03.12 BEDROOM. A room marketed, designed or otherwise intended to function primarily for sleeping and 2.03.13 BEEKEEPER. A person or entity who owns, leases or manages one or more colonies of bees on real property which is owned or leased, as ai result of bona fide, arms-length transaction, by the Beekeeper for pollination or the production of honey, beeswax or other byproducts, either for 2.03.14 BLOCK. That portion on either side of the street considered, upon which the building, structure or development is situated or proposed, bounded by the nearest intersecting streets. 2.03.15 BOARD OF ADJUSTMENT or BOARD. The Board of Zoning Adjustment of the City of Enterprise, Alabama. 2.03.16 BUFFER. A: strip of land that is landscaped to separate incompatible land uses, promoting visual 2.03.17 BUILDING. Any structure having a roof supported by columns or walls and designed for the shelter, 2.03.18 BUILDING AREA. The portion oft the lot occupied by the main building, including porches, carports, 2.03.19 BUILDING CODE. The most recent building-, construction- and fire-related codes adopted by the City of 2.03.20 BUILDING HEIGHT. The vertical distance from grade level to the highest point of the parapet of a flat roof or to the deck line of a mansard roof, or to the average height between eaves and ridge for  support from the ground.  level and having ai floor-to-ceiling height of at least 6.5ft. meeting Building Code requirements for such use.  personal or commercial use.  harmony, reducing noise, diverting emissions, and reducing glare. housing or enclosure of persons, animals, chattels or property of any kind.  accessory buildings, and other structures.  Enterprise.  gable, hip and gambrel roofs.  ridge EQ EQ eave Building Height grade level  parapet Building Height grade! level  deck line Building Height grade! level  EBB  BB B Mansard Roof  Gable, Hip or Gambrel Roof  Flat Roof Building Height  2-2    Article 2 Definitions  2.03.21 BUILDING LINE. Al line extending across the width of the lot coincident with the plane of the building, as 2.03.22 BUILDING, PRINCIPAL. Al building in which is conducted the principal use of the lot on which itis 2.03.23 BUILDING! SEPARATION. The horizontal distance measured between the nearest portions ofa any 2.03.24 CERTIFICATE OF OCCUPANCY. Official certification that a premise conforms to the provisions of the  constructed, nearest the corresponding lot line.  situated. Multifamily, nonresidential and mixed-use developments may have more than one principal  building on the same lot. structures on the same lot.  Zoning Ordinance and Building Code and may be used or occupied.  2.03.25 CITY. The City of Enterprise, Alabama.  2.03.26 CITY COUNCIL. The City Council of the City of Enterprise, Alabama.  2.03.27 Cmy ENGINEER. The City Engineer of the City of Enterprise, Alabama, or their authorized designee. 2.03.28 COLONY. The hive and its equipment and appurtenances including bees, comb, honey, pollen and 2.03.29 DENSITY. The ratio of lot area per dwelling unit or the number of dwelling units per acre of site area. 2.03.30 DEVELOPMENT. The subdivision or re-subdivision of land, the construction, reconstruction, conversion, alteration, relocation or enlargement of a structure; any mining, dredging, fitting, grading, paving, excavation, drilling or disturbance of land; and any use or extension of the use of land. 2.03.31 DISTRICT or ZONING DISTRICT. A division of the City of Enterprise for which permitted uses, lot sizes, 2.03.32 DONATION BIN. A portable or stationary, enclosed container into which donated goods are collected 2.03.33 DWELLING UNIT. Any portion of a building used, intended or designed as a separate abode for at family. 2.03.34 EXTERIOR INSULATION. AND FINISH SYSTEM (EIFS). An exterior wall cladding using rigid insulation boards on 2.03.35 EXCAVATION. Any man-made cavity or depression in the earth's surface including all sides, walls, or faces formed by earth removal and producing unsupported earth conditions by reasons of the  brood.  building heights and other requirements are established. before being transported to another premises for processing.  the exterior oft the wall sheathing with a plaster appearance.  excavation.  2.03.36 FACADE. That elevation of a principal building oriented toward the street.  2.03.37 FAMILY. Any one of the following arrangements when living in a dwelling as a single nonprofit  housekeeping unit and sharing common living, sleeping, cooking, eating and housekeeping facilities: B. Two or more persons related by blood, marriage, adoption, guardianship or other duly authorized  A. A person living alone;  custodial relationship living together; C.Nor more than four unrelated persons living together;  D.A Anumber of unrelated persons but not exceeding two and any children related to either of them by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, living  together.  2.03.38 FENCE. An artificially constructed barrier of any kind erected to enclose, delineate or screen a  property or portions thereof.  2-3    2.03.39 FOWL. Chickens, turkeys, ducks, geese, quail, guineas and similar birds raised, kept or bred for 2.03.40 GRADE LEVEL. For buildings, the average level of the finished grade at thet front building line. For trees, landscaping and light fixtures, the level of finished grade at the base of the tree, plant, or fixture. For freestanding signs, the level oft finished grade at the nearest edge of pavement of the adjoining street  agricultural or commercial purposes or for egg or food production.  immediately in front of the sign.  building or structure  grade level EQ EQ  2.03.41 GROSS FLOOR AREA. The sum of the areas of all floors within the outside edge of the outside walls ofa 2.03.43 HOME STAND. A: space designed for the placement of a manufactured home within a Manufactured 2.03.44 IMPROVEMENT. Any permanent item that becomes a part of, is placed upon or is affixed to real estate. 2.03.45 LOADING, OFF-STREET. That portion of a premises used for loading or unloading of goods, materials or 2.03.46 LOT. Land occupied or intended for occupancy by a use and having frontage on a street. 2.03.47 LOT LINE. Al line bounding al lot, which divides it from another lot or from a street or from any other A. LOT! LINE, FRONT. The lot line separating al lot from as street right-of-way. In1 the case of Single-Frontage Corner Lots, there is a primary and secondary front line. The shorter of the two is the primary front lot line. All other corner lots are considered Dual-Frontage Corner Lots, in which case, both lot lines  building, excluding basements. 2.03.42 HIVE. A: structure for housing honeybees.  Home Park.  things, for delivery and shipping.  public or private place. Refer also to diagrams under Yard.  along streets are considered front lot lines. Refer to diagram following.  street  &  4 street  street  Single-frontage corner lot  Dual-frontage corner lot  Corner Lot Types 2-4    Article 2 Definitions  B. LOTL LINE, REAR. That lot line that is generally parallel to and most distant from the Front Lot Line or Primary Front Lot Line. In the case ofat triangular or irregularly shaped lot, al line ten feet in length, entirely within thel lot, parallel to and at the maximum distance from the Front Lot Line.  side loti line  rear yard setback 10ft  rear lot line  soelall line  Rear Lot Line ofa at triangular lot  2.03.48 LOTWIDTH. The width of the lot at the front building line.  2.03.49 NONCONFORMING USE. The use of any building or land which use does not conform, after the passage oft this Ordinance or amendment thereto, with the use regulations oft the applicable district. 2.03.50 OWNER. The person having the right and legal title to, beneficial interest in or a contractual right to 2.03.51 PARCEL. A part or portion ofl land. Parcel in relationship to land is a contiguous quantity of land in 2.03.52 PARKING! SPACE, OFF-STREET. An accessible space permanently reserved for the temporary: storage of one vehicle, connected with a street by a driveway or an alley, having an area of at least 162sf,a minimum width of nine feet, and a minimum length of 18 ft, exclusive of driveways and maneuvering  purchase al lot or parcel of land. possession of an owner.  area.  2.03.53 PLANNING COMMISSION or COMMISSION. Planning Commission oft the City of Enterprise, Alabama. 2.03.54 RECREATIONAL VEHICLE. A vehicular-type structure, primarily designed as temporary living quarters for  recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered, including, but not limited to, travel trailers, camping  trailers, campers and motor homes.  2.03.55 SETBACK. See YARD.  2.03.56 SITE. The spatial location of an actual or planned structure or set of structures; or, as space ofg ground 2.03.57 SITE PLAN. A scale drawing showing the relationship between the lot lines and their uses, buildings or structures, existing or proposed on al lot, including such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor areas, densities, septict tank tile fields, utilityl lines and currents, or a special or particular use. no floor above it, then the space between such floor and the ceiling next above it.  occupied or to be occupied by al building.  2.03.58 STORY. That portion of a building included between the surface oft the floor next above, or ift there is 2.03.59 STRUCTURE. Any combination of materials, including buildings, constructed or erected, the use of which requires location on the ground or attachment to anything having location on the ground, including among other things, gasoline pumps and signs, but not including utility poles, overhead  wires and fences.  2-5    2.03.60 SUBDIVISION REGULATIONS. The Subdivision Regulations oft the City of Enterprise, Alabama. 2.03.61 TEMPORARY USE. A use, involving portable or temporary structures, established for a limited duration withi thei intent to discontinue such use upon the expiration oft the allowed period. 2.03.62 TINY HOME ON WHEELS. A prefabricated structure used for temporary or permanent residential occupancy that is set on a permanent trailer chassis with wheels and that does not comply with 2.03.63 TRACT. A lot, piece, or parcel of land; the term not meaning any precise dimension, but generally 2.03.64 UNNECESSARY HARDSHIP. A: situation when all relevant factors, when taken together, indicate that the plight oft the subject property is unique in thati it cannot reasonably be made to conform to the provisions of this Ordinance. Unnecessary hardship also includes those decrees and standards as set  Building Code or HUD Code requirements for residential occupancy.  referring to a larger piece of land.  out in Alabama cases and statutes. occupied, or maintained.  2.03.65 USE. The function, activities, or purpose for which land or structures are designed, arranged, 2.03.66 VARIANCE. A deviation from the provisions oft this Ordinance granted by the Board, where such deviation is appropriate because the property has unique or special conditions which are not common to other property in the zoning area; applying this ordinance, as written, will cause an unnecessary hardship on the property; will not be against the publici interest; will bei in keeping with the general purpose of this ordinance; and, will do substantial justice. See $12.05 Variances. 2.03.67 YARD. An open area of a lot, not occupied by any use or structure, measured from a property line to the nearest point of a structure. Refer also to Lot Line and yard diagrams following. A. ESTABLISHED' YARD. In contrast to al Required Yard, the areal between al lot line and the corresponding Building Line as built. For example, an established rear yard is the area between the rear lot line and B. FRONT YARD. Ay yard extending across the full width oft the lot and extending from the street right-of- (1) PRIMARY FRONT' YARD. The yard of a Single-frontage Corner Lot that corresponds with the Front (2) SECONDARY FRONT YARD. A yard of a Single-frontage Corner Lot alonga al Front Lot Line other than R REAR YARD. A yard extending across the rear of al lot between the side lot lines and extending from the rear property linet tot the rear building line. On all lots the Rear Yard is opposite the Front Yard or  the rear most line of the building. way line toi the front building line. Yard of the adjoining Interior Lot. the Primary Front Yard. Primary Front Yard.  D.F REQUIREDYARD. A yard the depth of which is specified in the district regulations. E. SIDE YARD. Ay yard between the Principal Building and the Side Lot Line and extending from the  required Front Yard to the required Rear Yard.  2-6    Article 2 Definitions  side lot line  side yard  side lot line Interior Lot front lot line front yard  a de  side yard. side lot! line Dual-frontage Corner Lot secondary front lot line secondary, front yard  side yard side lot line Single-frontage Corner Lot  2.03.68 ZONING OFFICIAL. That official of the City of Enterprise designated by the City Council to administer  these Regulations, or their designee.  $2.04. Use Definitions  2.04.01 AGRICULTURE OR AGRICULTURAL USE. The production, storage, keeping, harvesting, grading, packaging,  processing, boarding or maintenance, for sale, lease, or personal use, of plants and animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and products; poultry and poultry products; the keeping, raising and breeding of livestock; bees and apiary products; fur animals; trees and forest products; fruits, nuts and vegetables; plants and flowers; or lands that are 2.04.02 ALTERNATIVE FINANCIAL SERVICE. A check cashing business, payday advance or loan business, money transfer business, car title loan business, title pawn business or similar business engaged in non- traditional short-term lending. This term does not include pawn shops, state or federally chartered banks, savings associations, credit unions, or industrial loan companies and retail sellers that cash  devoted to soil conservation or forestry management.  checks or issue money orders incidental to the main business.  2-7    2.04.03 AMATEURI RADIO TOWER. At tower with one or more antennas connected to radio equipment operated byal licensed amateur radio operator in accordance with applicable FCC laws and regulations. 2.04.04 ANIMAL HOSPITAL. At facility operated by al licensed veterinarian where medical or surgical treatment 2.04.05 ANIMAL SHELTER. Nonprofit or public organization providing shelter for dogs, cats and other small 2.04.06 ASSISTED LIVINGI FACILITY. A1 facility licensed by the Alabama Department of Public Health in which room, meals, laundry, assistance with personal care, supervision of self-administered medication and other services are provided for not less than 24 hours in any week to a minimum of two ambulatoryaduits A. MAJOR AUTOMOBILE REPAIR. The repair and maintenance of motor vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar B. MINOR AUTOMOBILE REPAIR. Sales, installation and servicing of mechanical equipment and parts for motor vehicles, including audio equipment and electrical work, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/orr replacement and: similar activities. 2.04.08 BAKERY, MAJOR. An establishment that bakes goods primarily for wholesale and that mayi include 2.04.09 BAKERY, MINOR. An establishment that bakes goods for on-premises retail sales or catering. 2.04.10 BANK. Al business engaged inj providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, and similar businesses not 2.04.11 BEDA AND BREAKFAST. A detached single-family dwelling where lodging for persons not of the immediate familyi is provided for by compensation for definite periods of time upt to 30 days. 2.04.12 BOARDING HOUSE. Any building or portion thereof that contains not less than three nor more than nine guest rooms, which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation whether paid directly or indirectly, for defined periods of time of at 2.04.13 BORROW Pir. A premises where dirt, soil, sand, gravel or similar materials are removed from below grade for any purpose other than that necessary: andi incidental to site grading or building 2.04.14 BROADCASTS STUDIO. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use ofe electronic and telephonie-mechanisms, 2.04.15 BUSINESS OR PROFESSIONAL OFFICE. A place where the affairs ofal business, profession, service, or industry are conducted and that is generally furnished with desks, tables and communications equipment. Includes medical, dentist and similar healthcare offices for outpatient care onan appointment basis, call centers and broadcast studios, but not MEDICAL CLINICS.  ands short-term boarding are provided for household pets.  domestic animals.  not related byl blood or marriage to the owner and/or administrator.  2.04.07 AUTOMOBILE REPAIR  activities.  storage and distribution facilities.  otherwise defined as Alternative Financial Services.  least 30 days. Does not include HOTELS or MOTELS.  construction ont the same premises.  including film and sound recording, such as a radio or television studio.  2.04.16 BUSINESS SUPPORT SERVICE. A place of business that supplies support services primarily to business or professional offices or services, such as photocopy, computer, and office equipment, supplies and  services.  2-8    Article 2 Definitions  2.04.17 CAMPGROUND. Land on which two or more campsites are located, established or maintained for 2.04.18 CAR WASH. A commercial establishment engaged in washing, cleaning, and/or detailing of 2.04.19 COMMERCIAL KITCHEN. Ai facility where food is prepared for catering or mobile food vendor operations 2.04.20 COMMUNITY SERVICE CLUB. Building arranged for the gathering of private club members and their guests, including social club, professional association, fraternal lodge, union hall, civic association, 2.04.21 COMPREHENSIVE PLAN. The Comprehensive Plan of the City of Enterprise, Alabama, including any legally adopted part of the Comprehensive Plan. This mayi include, but is not limited to: Zoning Ordinance, Subdivision Regulations, Major Street Plan, Land Use Plan and Downtown Plan. 2.04.22 CONSERVATION SUBDIVISION. A form of development that permits a reduction in dimensional requirements, provided there is no increase in the overall density oft the development, and the remaining land area is devoted to open space, recreation, or preservation of environmentally 2.04.23 CONSTRUCTION: SERVICE, MAJOR. A place of business engaged in construction and related trade activities with outdoor storage or work yards such as a building contractor or similar trade and that may involve wholesaling of building materials. Includes wholesale building supply business. 2.04.24 CONSTRUCTION SERVICE, MINOR. A place of business engaged in construction-related trade activities with only incidental outdoor storage such as a building contractor, electrician, plumber or similar 2.04.25 COUNTRY CLUB. Land and buildings containing recreational facilities and club house for private club  occupancy as temporary living quarters for recreation, education or vacation purposes for no more  than 120 consecutive days. See also Recreational Vehicle Park.  automobiles and other light vehicles. excluding on-site dining of food prepared.  and similar uses.  sensitive areas. See 57.05 Conservation Subdivisions.  trade excluding any retail or wholesale sales. members and their guests. for only part of the day. for only part oft the day.  2.04.26 DAY CARE FACILITIES  A. DAY CARE CENTER. Any building and related premises used for the care of 13 or more children or adults B. DAY CARE HOME. A detached single-family dwelling used for the care of six or fewer children or adults C.G GROUP DAY CARE HOME. A detached single-family dwelling used for the care of seven to twelve children for only part of the day with at least two adults present and supervising childcare activities. A. ACCESSORY DWELLING. A: subordinate, independent dwelling unit located on the same lot as a detached B. CARETAKER DWELLING. A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises and not available to the public for rental purposes. DUPLEX DWELLING. A detached or single building designed for or occupied exclusively by two families  2.04.27 DWELLING. Any building or portion thereof in which people live.  single-family dwelling. See $7.01 Accessory Dwellings.  living independently of each other.  D. MULTIFAMILY DWELLING. A building containing five or more dwelling units. E. QUADPLEX DWELLING. A residential building containing four dwelling units.  2-9    F. SINGLE-FAMILY! DWELLING, DETACHED. Al building containing one dwelling unit that is not attached to any  other dwelling.  street Single-family Detached Dwellings  street  Single-family Zero Lot Line Dwellings  street Duplex Dwelling  street Triplex Dwellings  street Quadplex Dwellings  street Multifamily Dwellings  Dwelling Types  G. TINY HOME DWELLING. As site-built, modular or prefabricated structure of less than 500 sf, exclusive of any loft space, used for permanent or temporary residential occupancy and that complies with H. TOWNHOUSE DWELLING or SINGLE-FAMILY DWELLING, ATTACHED. A dwelling in a row of at least three such units, has its own front and rear access to the outside, no unit is located over another, and each unit UPPER-STORY DWELLING. A dwelling unit located on at floor above another use in the same building. K.Z ZERO LOTI LINE DWELLING. A single-family detached dwelling located on al lot sO that one of the 2.04.28 EMERGENCY SHELTER. A: structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms, or other emergencies. 2.04.29 ENGINEER. A professional engineer registered and in good standing with the State of Alabama Board 2.04.30 ENTERTAINMENT, INDOOR. An establishment providing spectator entertainment within an enclosed  Building Code requirements for residential occupancy. is separated by vertical common, fire-resistant walls.  TRIPLEX DWELLING. A residential building containing three dwelling units.  dwelling's sides rests on a lot line.  of Registration for Professional Engineers and Surveyors.  building, including but not limited to movie theaters, playhouses, arts centers, and live music venues.  2-10    Article 2 Definitions  2.04.31 ENTERTAINMENT, OUTDOOR. A commercial establishment providing spectator entertainment in open or partially enclosed or screened facilities, including amphitheaters, sports arenas, racing facilities, and 2.04.32 FARM. At tract ofl land used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to humans, including the following farming activities: forages and sod crops; grains and seed crops; dairy animals and products; poultry, including egg production but excluding poultry processing; livestock, such as beef cattle, sheep, goats, or any similar livestock, including the breeding and grazing of such animals but excluding meat processing; and nursery operations involving the raising of plants, shrubs, and trees for sale and transplantation and including greenhouses and incidental sales of items customarily associated with a nursery operation; bees and apiary products; fisheries, excluding fish and seafood processing; fruits and vegetables of all kinds, including growing and harvesting of such fruits and vegetables, but excluding food processing. 2.04.33 FARM SUPPORT BUSINESS. A commercial establishment engaged ini the sale of farm support goods and services, including the following activities: the sale of feed, grains, fertilizers, pesticides, and similar farm support goods, the provision of warehousing and storage facilities for raw farm products, and 2.04.34 FORESTRY. Operations involving the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or performing forest services, including temporary: sawmills and chippers for cutting of timber growth on the same premises but excluding lumber yards, mills, and  amusement parks.  the provision of veterinary services to large animals.  similar activities. burial.  2.04.35 FUNERAL HOME. A commercial establishment engaged in funeral and undertaking services for human 2.04.36 GARDEN CENTER. Retail sales of plants, trees, shrubs, and the like for ornamental orl landscaping purposes, conducted from al building, greenhouse, outdoor display area, or stand, including incidental sales of items customarily associated with such sales activities, including such items as containers, fertilizers, ornaments, small gardening tools and equipment, and seeds. 2.04.37 GASSTATION. An establishment involving the retail dispensing of automotive fuels.  2.04.38 GROUP CARE HOME. A dwelling for the sheltered care of persons, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. Residents are supervised byasponsoring entity ori its staff, which furnishes rehabilitative services to the residents. A GROUP CARE HOME is owned or operated under the auspices ofanonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or legal guardians. GROUP CARE HOMES are further A. EMERGENCY CARE HOME. A GROUP CARE HOME, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision ofo one or more resident managers, whose purpose is to provide a protective sanctuary yand B. FAMILY CARE HOME. A GROUP CARE HOME, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to serve socially, physically, mentally, or developmentally impaired persons in ai family-type living arrangement, and which meet or exceed the minimum requirements of $11-52-75.1, Code of Alabama, 1975 as amended. TRANSITIONAL CARE HOME. A GROUP CARE HOME, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision  categorized as follows:  emergency housing to victims of crime or abuse.  2-11    of one or more resident managers, whose purpose is to assist persons, especially those leaving  institutions, to reenter society and learn to adapt to independent living. barbershops, andi medical offices for the treatment of patients.  2.04.39 HOME OCCUPATION. Business carried on in a dwelling that is limited in extent and clearly incidental and secondary to the use oft the property for residential purposes, specifically excluding beauty parlors, 2.04.40 HOSPITAL. An establishment that provides health services primarily for in-patient medical or surgical care of the sick or injured, including accessory facilities such as laboratories, pharmacies, outpatient clinics and surgery centers, training facilities, gift and florist shops, coffee shops, cafeteria and staff 2.04.41 HOTEL. An establishment providing sleeping accommodations for thei traveling public, in which guest rooms are accessed from the interior oft the building. Hotels may also include dining facilities, fitness 2.04.42 JUNKYARD. AI place of business engaged in the storage, sale, dismantling or other processing of used or waste materials, such as aj junk or automotive salvage yard. Does not include RECYCLING CENTER or 2.04.43 KENNEL. Any facility at which cats, dogs, or similar household pets are trained or bred and may be 2.04.44 INDEPENDENT LIVING FACILITY. Ar residential facility for the elderly that may provide meals,  offices.  centers and similar incidental services for guests.  RECYCLING PLANT.  kept overnight in unenclosed or partially enclosed spaces.  housekeeping, linen service, transportation, social and recreational activities and similar services. Sucht facilities do not provide, in a majority of the units, assistance with or supervision of medication, 2.04.45 INSTITUTIONAL USES. Structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. This does not include institutional facilities which involve on-premises garages, repair or storage yards, or warehouses. Institutional uses are A. Low INTENSITY. Nonprofit cultural facilities up to 4,000 sf; places of assembly up to 199: seats. B. MEDIUM! INTENSITY. Nonprofit cultural facilities, health institutions and other institutions up to 12,500 sf; elementary: and junior high/middle schools; places of assembly with 200 to! 500 seats. HIGHI INTENSITY. Cultural facilities, health institutions and other institutions greater than 12,500: sf; places of assembly greater than! 500 seats; high schools, universities, colleges,. junior colleges;  bathing, dressing, toileting and other activities of daily living.  categorized as follows:  stadiums and arenas.  2.04.46 LANDFILL. A State-approved site for the controlled disposal ofs solid waste, garbage, brush, yard waste, 2.04.47 LAUNDERING PLANT. An establishment primarily engaged in high volume laundry and garment services, including commercial andi industrial laundries; garment pressing and dry cleaning; linen supply; diaper service; carpet and upholstery cleaners, but excluding laundry Services. 2.04.48 LAUNDRY SERVICE. Laundromat, laundry and dry-cleaning pick-up stations and clothing storage, 2.04.49 LIQUORI LOUNGE. Al licensed establishment engaged int the preparation, sale, or serving of liquor for consumption ont the premises, including taverns, bars, cocktail lounges, night clubs, bottle clubs, private clubs, restaurant lounges, hotel and motel lounges, discotheques, dance halls, and similar uses where liquor consumption is a primary or incidental activity on1 the premises. Does not include  construction debris, or other waste materials.  excluding laundering Plants.  LIQUOR! STORES or establishments that sell or serve only beer or wine.  2-12    Article 2 Definitions  2.04.50 LIQUOR STORE. A licensed establishment that sells liquor for off-premise consumption only. 2.04.51 LIVESTOCK SALES. The sale of animal livestock within an enclosed yard or structure, including livestock 2.04.52 MAINTENANCE SERVICE. An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services. 2.04.53 MANUFACTURED HOME. Astructure constructed on or after. June 15,1976, according to the rules oft the US Department of Housing and Urban Development; built on a permanent chassis; designed for use asa dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more: sections; and int the traveling mode, at least eight feet wide or at least 401 ft long or, when erected on site, at least 320 sf; includes the plumbing, heating, air conditioning, and electrical systems oft the home. Removal of wheels or chassis and placing sucha structure on the ground, or other foundation does not remove such a unit from this definition. 2.04.54 MANUFACTURED HOME PARK. A parcel of land under single management that has been planned and improved for the provision of space and services for manufactured homes for transient and/or non- transient use, not platted or otherwise divided by fee simple ownership; but permitting the sale of interests or memberships on a condominium basis, and wherein facilities and amenities, including roads, clubhouse or recreation facilities shall be privately owned or owned in common by residents  markets, horse auctions, and similar activities.  of the park.  2.04.55 MANUFACTURED HOME SUBDIVISION. A division of a tract ofl land into three or more lots intended for the 2.04.56 MANUFACTURING, GENERAL. The basic processing and manufacturing of materials or products  siting of manufactured homes for dwelling purposes.  predominately from extracted or raw materials and the incidental storage, sales, and distribution of 2.04.57 MANUFACTURING, HEAVY. Industrial processing that transforms materials, particularly raw materials, into a new substance, compound, or product. Uses include, but are not limited to, meat or poultry processing, slaughternouse, chemical and petroleum processing and manufacturing, foundries, the storage or manufacturing of flammable, explosive or toxic materials or other materials generally 2.04.58 MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of 2.04.59 MEDICAL CANNABIS DISPENSARY. An entity licensed by the Alabama Medical Cannabis Commission (AMCC), authorized to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers pursuant to the Medical Cannabis Act and the AMCCF Rules. 2.04.60 MEDICAL CLINIC. Al building, in which a group of physicians, dentists, and associated professional assistants provide outpatient care with or without appointments, and which may include dental or 2.04.61 MINI-WAREHOUSE. One or more buildings containing separate storage spaces that are leased on an 2.04.62 MODULAR BUILDING. Astructure manufactured off-site in accordance with the Building Code,  such products.  considered to be hazardous or offensive in nature.  such products, and incidental: storage, sales, and distribution of such products.  medical laboratories and: surgery suites but not in-patient care. individual basis for the exclusive purpose of storing non-hazardous goods.  transported to and assembled on the building site on a permanent foundation. A "modular home" is al MODULAR BUILDING designed, manufactured and used for dwelling purposes and, under this Ordinance, is regulated the same as as site-built dwelling, except as otherwise specified for TINY  HOMES.  2-13    2.04.63 MOTEL. An establishment providing sleeping accommodations for the travelling public, in which lodging rooms are accessed from the exterior of the building. Motels may also include dining 2.04.64 NONRESIDENTIAL USE. Uses including agricultural, institutional, commercial, lodging and industrial 2.04.65 NURSING CARE FACILITY. Al licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that providedi in a hospital but at al higher level 2.04.66 OPEN AIR MARKET. Retail sales of arts, crafts, produce, discount or used goods partially or fully outside ofa an enclosed building, such as at flea market, produce market, craft market, or farmers' market. 2.04.67 OPEN SPACE. Ay yard area not used for a building, structure, driveway, parking, loading or storage. 2.04.68 OPEN SPACE, COMMON. Land area within a development that is held in common ownership and maintained by a property owner's association for all oft the owners for recreation, protection of natural land features, amenities or buffers; is freely accessible to all owners of the development;and is protected by the provisions of this Ordinance to ensure that it remains in such use.  facilities, fitness centers and other incidental services for guests.  activities.  than provided in a domiciliary care facility.  2.04.69 OUTDOOR! STORAGE. The keeping in an unenclosed area of any goods, junk, material, merchandise or 2.04.70 PARKING, OFF-SITE. Parking lots or structures providing parking for uses not located on the premises. 2.04.71 PERSONAL SERVICE. Ar retail establishment providing services involving the care ofa person or their goods and apparel, including hair, nail and tanning salons, licensed massage therapists, cosmetic studios, seamstresses, tailors, travel agencies, interior decorators, formal wear rental, and repair of watches, phones, tablets, computers and other personal electronics and similar uses. 2.04.72 PETGROOMING. An establishment providing grooming services to household pets within a fully enclosed structure, which may include outside runs for keeping of animals for part of the day but not overnight. Pet Grooming may also include overnight boarding of household pets. 2.04.73 PLACE OF ASSEMBLY. A1 facility used for and providing religious, fraternal, recreational, social, 2.04.74 PUBLICFACILITY. Buildings arranged for the purpose of providing public services, not otherwise listed in this section, including government offices, post offices, transit stations, police stations, fire and 2.04.75 PUBLIC UTILITY FACILITY, MAJOR. Electric or gas generating plants, sewage treatment plants and water 2.04.76 PUBLICUTILITY FACILITY, MINOR. A1 facility that provides utility services to the public at large, including water and sewer, gas distribution, electric transmission and distribution, and cable transmission and 2.04.77 RECREATION, INDOOR. A commercial establishment providing recreational or sports activities to participants within an enclosed building, including fitness, swimming, yoga, martial arts, dance, billiards, skating, bowling and gaming, and other commercial indoor recreational and sports  vehicles ini the same place for more than 24 hours.  educational or cultural activities.  emergency: service stations, civil defense operations, and similar uses.  treatment facilities.  distribution facilities but excluding those defined as Major Public Utility Facility.  activities.  2.04.78 RECREATION, OUTDOOR. A commercial establishment providing recreation or sports activities to  participants in open or partially enclosed or screened facilities, including driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and other commercial outdoor recreational  and sports activities.  2-14    Article 2 Definitions  2.04.79 RECREATIONAL VEHICLE PARK. Al lot on which campsites are established for occupancy by travel trailers and other recreational vehicles oft the general public as temporary living quarters for purposes of 2.04.80 RECYCLING CENTER. Land, with or without buildings, other than a Junkyard, where Recyclable Materials are collected and may be separated, packed, bailed, stored and compacted before being transported 2.04.81 RECYCLING PLANT. At facility, other than a. Junkyard, in which recoverable resources, such as paper, plastic, glass, and metal cans are recycled, reprocessed and treated to return such products toa 2.04.82 REPAIR SERVICE. An establishment engaged int the repair and maintenance of electrical, electronic and 2.04.83 RESEARCH! LABORATORY. An establishment engaged in research of an industrial or scientific nature within an enclosed facility, such as an electronics research lab, research and development firm, or 2.04.84 RESOURCE EXTRACTION. The removal ofs soil, sand, clay, gravel, minerals, or similar materials for commercial purposes, including quarries, borrow pits, sand and gravel operations, and mining. 2.04.85 RESTAURANT, FAST FooD. An establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-through, or drive-in and may also include standard sit-down consumption. 2.04.86 RESTAURANT, STANDARD. An establishment where food and drink are prepared, served, and primarily 2.04.87 RESTAURANT, TAKE-OUT ONLY. An establishment where food and drink are prepared, but not served or 2.04.88 RETAIL, GENERAL. Retail sales of goods and services, not otherwise defined by this section, conducted within an enclosed building, including, but not limited to, food sales, department stores, clothing stores, home furnishings sales, appliance stores, auto supplies stores, gift shops, specialty stores, jewelry stores, cosmetics sales, package liquor stores, tobacco stores, drug stores and variety stores. 2.04.89 RETAIL, UNENCLOSED. Retail sales of goods and services, not otherwise defined by this section, conducted partially or fully outside of a building, including, but not limited to, sidewalk: sales,  recreation or vacation.  toar recycling plant or other location for processing and eventual reuse. condition in which they may be used again in new products. mechanical equipment, and home and business appliances.  pharmaceutical research lab.  consumed within the building where guests are seated and served.  consumed on the premises.  outdoor tire sales, and outdoor display or sales.  2.04.90 ROOMING HOUSE. See BOARDING HOUSE.  2.04.91 SCHOOL, COMMERCIAL. Private, gainful business providing instructional service in the arts, business, 2.04.93 SCHOOL, PUBLIC. School or college or similar institution operated by a public school authority. 2.04.94 SMALL CELL FACILITIES. A type of wireless broadband infrastructure involving small cell wireless  crafts, trades, and professions.  2.04.92 SCHOOL, NONPROFIT. School operated by a nonprofit organization.  technology that typically takes the form of small antennae placed on buildings, utility poles and other 2.04.95 STABLE. A commercial establishment engaged in the raising, keeping, boarding, or training of horses, ponies, and similar animals, including riding academies and incidental sales of riding accessories and 2.04.96 STUDIO. A place of work for an artist, photographer, or craftsman, including instruction, display,  existing structures. This does not include TELECOMMUNICATION TOWER.  animals raised or regularly kept on the premises.  production, andi indoor retail sales of materials produced on the premises.  2-15    2.04.97 SUBSTANCE ABUSE TREATMENT FACILITIES  A. OUTPATIENT SUBSTANCE ABUSE" TREATMENT FACILITY.A A licensed facility meeting applicable state and federal standards that provides outpatient support services including counseling, rehabilitation and B. RESIDENTIAL SUBSTANCE ABUSE REHABILITATION FACILITY. Al licensed facility meeting applicable state and federal standards that provides inpatient support services including counseling, rehabilitation and streets or other public property or private property when such vehicles are disabled or in violation of parking or similar ordinances. TOWING SERVICES mayi include temporary: storage of vehicles but do not include disposal, automobile wrecking, salvage, or indefinite storage ofi inoperable vehicles. A. HEAVY VEHICLE ANDI EQUIPMENT SALES, RENTAL AND SERVICE. The sale or rental of trucks over one ton, tractors and farm implements, manufactured homes, recreational vehicles, boats, and construction and similar equipment, including the storage, maintenance and servicing of the same. B. VEHICLE AND EQUIPMENT SALES, RENTAL AND! SERVICE. The: sale or rental of automobiles, light trucks, motorcycles, riding lawn mowers and similar household and gardening equipment, including the  medical supervision for drug or alcohol treatment. medical supervision for drug or alcohol treatment.  2.04.98 TOWING! SERVICE. An establishment that provides for the removal and transport of vehicles from  2.04.99 VEHICLE SALES, RENTAL AND! SERVICE  storage, maintenance and servicing oft the same.  2.04.100 WAREHOUSING. ANDI DISTRIBUTION, ENCLOSED. Aj place of business engagedi in warehousing or distribution 2.04.101 WAREHOUSING ANDI DISTRIBUTION, UNENCLOSED. A place of business engaged in open air warehousing or 2.04.102 WHOLESALING ESTABLISHMENT. An establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, ors selling merchandise to, suchi individuals or companies. Wholesaling establishments include those with accessory retail  services within al building. distributions services.  sales provided that retail sales do not exceed 10% ofi inventory or sales.  $2.05. Abbreviations usedi ini this Ordinance  2.05.01 AASHTO - American Association of State Highway and" Transportation Officials  2.05.02 ac-acre 2.05.03 DU-dwelling unit 2.05.05 ft-feet 2.05.06 max. maximum 2.05.07 MHP-Manufactured Home Park 2.05.08 min.- -minimum 2.05.09 /a-notapplicable 2.05.10 sf-squarei feet  2.05.04 FEMA-Federal Emergency Management Agency  2-16    Article2Definitions  This page intentionally left blank.  2-17    Article 3 General Regulations  ARTICLE 3: GENERAL REGULATIONS  $3.01. Uses  3.01.01 Uses specified as "permitted by right" are permitted on application to the Zoning Official. Special 3.01.02 Accessory uses that are reasonable and customary to the district and the permitted use may also be 3.01.03 Ifa use is not specifically referred to in this Ordinance, its status may be determined by the Zoning Official by reference to the most clearly analogous use int the applicable Table of Permitted Uses. If the Zoning Official determines that aj proposed use is not clearly analogous to a usei int the Table of Permitted Uses, the Zoning Official refers the matter to the Board of Adjustments. Ift the Board determines that the use is compatible with the purpose oft the district and with its permitted uses, it may consider the use as a Special Exception in accordance with $12.06. Once the status of an unlisted use has been determined, that determination applies subsequently to all uses oft the same  Exception uses require approval of the Board in accordance with $12.06.  permitted by the Zoning Official.  type.  $3.02. Lots, Yards and Open Spaces  3.02.01 Each: structure, hereafter erected or altered, must conform to the minimum lot area, width and yard 3.02.02 No yard, open space or lot required for al building or structure shall, during its life be occupied by or counted as open space for another building or structure. No lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this Ordinance. 3.02.03 On any lot which, at the time of adoption or subsequent amendment oft this Ordinance, would be reduced in areal by widening a publics street as indicated on the duly adopted major thoroughfare plan or other applicable plan, the minimum required yards, lot area, lot width and maximum building area are measured by considering the future street line as the lot line of such lot. 3.02.04 The minimum front yard setback applies to both frontages of double-frontage lots. 3.02.05 Projections into Required Yards. The following projections into required yards may be allowed. Driveways and sidewalks are not limited by the provisions oft this Section: to2.5f feet but not closer than three feet to any property line.  setbacks oft the applicable district.  A. Architectural features such as, but not limited to, chimneys, roof overhangs, or eaves may project up B. Terraces, steps, uncovered porches and similar features that extend no more than three feet above the ground may project into a required yard but no closer than five feet to any property line. . Within residential districts, satellite dish antennas may be located only within a rear yard and may not closer than ten feet to any property line, measured from the closest edge oft the structure. D. Such projections may not bei included in the calculation of required: setbacks.  3.02.06 Exceptions to lots and yard requirements  A. The minimum front yard setback may be reduced where existing buildings on the same block frontage and int the same district are: set back less than thet front yard setback oft the applicable (1) On blocks up to! 5001 ft in length, the setback requirement is reduced to the average setback of all buildings along thei frontage or the average setback of buildings within 1001 ft on each side of the  district, as follows:  subject lot, whichever is less.  3-1    (2) On blocks longer than 5001 ft, the setback requirement is reduced to the average setback of (3) For corner lots, the setback requirement is reduced to the average setback of all existing B. The Zoning Official may allow the reduction ofa a side or rear yard setback when that yard adjoins an open space prohibited from development of any kind by means of deed restrictions or similar legal C Common open spaces that are contained within their own lot are not subject to the district lot and  buildings within 2001 ft on each side of the subject lot. buildings along the same block frontage.  method. yard requirements.  $3.03. Structures  3.03.01 Only buildings conforming to the Building Code and manufactured homes conforming to $3.03.07  Manufactured Homes may be used for permanent residential occupancy. Recreational vehicles, tiny homes on wheels and similar portable structures may be permitted fort temporary residential occupancy in recreational vehicle parks in accordance with 57.14 Recreational Vehicle Parks and  Campgrounds.  3.03.02 Access  A. Every building erected or relocated must bel located on a lot adjoining aj public street or having access B. All buildings must be sited and arranged so that they have safe and convenient access for servicing, A. Each: structure, hereafter erected or altered, may not exceed the maximum building height oft the applicable district. However, maximum height regulations do not apply to barns, silos and other farm structures; steeples, spires, domes, chimneys, flagpoles, public utility poles, radio and television towers and aerials, silos, cooling towers, water tanks, and industrial structures required fora permitted manufacturing process and other such structures not designed for human occupancy may exceed this height, provided they comply with all other applicable codes and ordinances, and are located no closer to the nearest property line than the distance equal to their height plus ten feet. B. The height of all structures must be in accordance with the limits imposed by the Federal Aviation Administration or any other federal, state or municipal authority, where applicable. 3.03.04 No private permanent building, fence, wall or other structure may be placed or constructed withina public right-of-way or easement without prior approval byt the City Council. 3.03.05 Iti is the intent of this Ordinance that there be but one main building on any lot used for single-family residential purposes plus any permitted accessorystructures.  toa ap public street by way of an approved access easement or private street.  fire protection, and required off-street parking.  3.03.03 Height.  3.03.06 Accessory: Structures  A. Itis thei intent oft this Ordinance that accessory: structures be permitted for uses that are reasonable and customary to the district and permitted use. Except as permitted for Accessory Dwellings, B. Noa accessory structure other than a permitted sign may be erected in any required front yard. A Accessory structures may not exceed 251 ft in height except as provided in $3.03.03 and may not cover more than 30% of any required rear yard. Accessory structures must be set back at least five feet from the rear and side lot lines and ten feet from any other structure on the same lot. Ift taller  accessory: structures may not be used for residential occupancy.  3-2    Article 3 General Regulations  than 15f ft, they must be set back an additional footi from side and rear lot lines for each two feet in D.A Accessory structures may not have windows on as second level or above 12f ft, as applicable, facing the rear or side lot line sot that a window would overlook an adjoining property. This does not apply if the window is morei than 15 ft horizontally from the lot line toward which itf faces. E.Ona any corner lot which adjoins another residential lot at the rear, no part of any structure within 25 ftoft the common lot line shall be nearer the side street lot line than the least depth of any front yard F. - Emergency shelters are permitted in any district, subject to the yard and lot coverage regulations of the district. Such structures may contain or be added to other structures or may be constructed separately. In addition to their use as temporary shelters, they may be used for any principal or accessory use permitted ini the district but may not be used for any use not permitted in the district. A. All manufactured homes, excluding those inj permitted manufactured home sales or repair establishments, must be located in approved manufactured home parks regardless of whether or not such manufactured homes are occupied. No other manufactured homes may be kept in the corporate limits of the city unless approved byt the Board of Adjustment in accordance with 512.06 B.F Permit must be obtained from the City prior to the placement or replacement of any manufactured  height above 15f ft.  required for a dwelling on such adjoining lot along the side yard.  3.03.07 Manufactured Homes  Special Exceptions.  home. Application must includei the following information:  (1) Year of manufacture (2) Model and serial number (3) Exterior dimensions of the home  (4) Affidavit that no structural alterations have been made to the home Each manufactured home must bear a valid set-upi inspection sticker from the Alabama Manufactured Housing Commission and have all applicable electrical, gas, water, sewer and HVAC D. Manufactured homes installed after the effective date of this Ordinance, including those used to replace an existing home, must comply with the applicable regulations oft the US Department of Housing and Urban Development as of 1994 and must be inspected and approved before issuance of a Certificate of Occupancy. The Building Official willi inspect each proposed home for evidence of the following or similar conditions or defects. If present, the Official may noti issue a Certificate of Occupancy until the conditions have been remedied to the satisfaction oft the Building Official: (1) Exterior water leaks, presence ofr mold, softness present in interior walls, inadequate vapor  permits.  retarders, inadequately: sealed ducts (2) Missing shingles, uneven roof, holes in roof  (3) Broken windows  (4) Holes in floor, buckled or uneven floor, deteriorated subfloor  (5) Lack of GFCI protection, exposed wiring, inadequate electrical grounding, improper repair of  wiring (6) Nos smoke detectors (7) No heating and cooling installed  3-3    (8) Damaged sheathing 3.03.08 Portable Buildings  A. Ap portable building may be temporarily used as al bona fide construction office and the quarters ofa lone night watchman at a construction site in accordance with $7.16Temporaryl Uses. B. Special exceptions may be granted byt the Board of Adjustment for business use of portable buildings in a commercial district upon showing catastrophic circumstances created by acts of God or casualty  damages in accordance with $12.06 Special Exceptions.  $3.04. Swimming and wading pools  Swimming and wading pools with a depth of one foot or more in any portion of the pool must be set back at least five feet from any property line and must be secured as required by the Building Code.  $3.05. Parking, Loading and Driveways  3.05.01 Off-street parking and loading requirements must be provided in accordance with Article 8 Parking 3.05.02 Driveway spacing standards. The number and location of driveways accessing public streets are  and Loading.  subject to the standards in Table 3-1. The Zoning Official may reduce spacing requirements when the following conditions exist, based on commonly accepted and applied traffic engineering principles: shared access is not possible; exceptional topographic or site conditions exist at the driveway location (such as in-place utility or drainage features) which would make strict application oft the standard exceptionally and/or practically difficult or unduly harsh; application of the standards would conflict with other provisions oft these Regulations; and where the reduction would not compromise  the safe, efficient flow of traffic.  Table 3-1 Driveway Spacing Standards  Minimum Spacing from intersection* driveways 150ft 100ft 60ft 125ft 75ft  Max. number of length 1per150ft 1per100ft 1p per 60ft2 1per125f ft 1per7 75f ft  Use and Street Type All Uses  from other driveways per frontage  Arterial streets and highways Single family and duplex dwellings Collector Streets Local Streets All other Uses Collector Streets Local Streets intersection.  100ft 25ft 10ft 75ft 50ft  1 Where thei frontage of a corner loti is less than the required distance, a driveway may nonetheless be approved byt thez Zoning Official providedi iti is as fara as practical from the 2 Fori interior lots less than 601 fti iny width, one driveway may be approved, ifi in the opinion of the Zoning Official, the driveway will not adversely affect safety and movement on the street.  3.05.03 Driveways providing access to public streets must be surfaced with concrete, asphalt or as otherwise  approved byt the Zoning Official for a distance of at least 251 ft.  3-4    Article 3 General Regulations  $3.06. Signs  All permanent and temporary exterior signage must comply with Article 9 Signs.  $3.07. Landscaping, Screening and Buffers  Landscaping of parking areas, screening and buffers must be provided as required by and in accordance with  Article 10 Landscaping.  $3.08. Sight Distance, Clearance for Pedestrian Movement  3.08.01 Sight Distance. Other than traffic control signs, no fence, wall, landscaping, sign or other visual  obstruction greater than 18 inches in width is permitted between the heights of2.51 feet and eight feet above street level, that will obstruct a motorist's line of sight ati intersections of streets, driveways or alleys, as determined by the City Engineer in accordance with the following or AASHTO Geometric Design of Highways and Streets, latest addition. Requirements are determined as follows: A. Attl thei intersection oft two streets: 30f ft from the intersection measured along each curb line/edge of B. Att thei intersection of a street and a driveway or alley: 201 ft from thei intersection measured along the . Att thei intersection of a street, alley or driveway with a major street or railroad: 20 ft from the intersection measured along the curb line/edge-ol-pavement oft the street, alley or driveway and 70 fta along the curb ine/edge-ot-pavement of the major street or the railroad right-of-way  pavement  curb line/edge-ol-pavement and 201 ft along the driveway or alley pavement  major street or railroad  street 20ft  30ft 30ft  street  70ft 20ft  20ft,  trees in sight triangle should have ac clear understory of8ft or more  2.5to8ft  car stopped ati intersection  Sight Distance  3.08.02 Clearance for Vehicular and Pedestrian Movement. A clear height of at least eight feet above the  walking surface must be maintained over any area intended for pedestrian use. However, the Zoning Official may permit vertical clearance no less than seven feet where an existing structure is ofa  3-5    design that makes compliance with this requirement impracticable. A clear width of at least five feet  must be maintained at all points along a public sidewalk.  $3.09. Fences, Walls, and Hedges  3.09.01 The maximum height of fences, walls and hedges located in a front yard setback ist four feet. Outside oft thei front yard setback, the maximum height off fences, walls, and hedges is eight feet, except as 3.09.02 Alli fences and walls require al building permit; except that no permit is required for ai fence on land 3.09.03 Fences and walls may not project into a right-of-way or impede intersection sight distance. See $3.05 3.09.04 Fences and walls may not be built on or over any easement without approval oft the entity having 3.09.05 Fences and walls must not adversely affect draining or create debris build-up, nor impede access to  necessary for screening required by this Ordinance. used for farming or forestry in the AG District.  Sight Distance, Clearance for Vehicular and Pedestrian Movement.  authority over the easement.  metering devices or public utilities, including fire hydrants.  $3.10. Common Open Spaces and Facilities association, the following apply:  Fora all proposals involving the creation of common open spaces or facilities, which may include subdivision entrances and: signage, that are to be owned and maintained byt the developer or a property owner 3.10.01 Ifnot owned and maintained by the developer, an association representing the owners must own the common open: space or facilityi inj perpetuity. Membership in the association is mandatory and automatici for all owners oft the subdivision or condominium and their successors. The association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the common open space and facilities is borne by the developer, association or property  owners of the development. common facilities that:  3.10.02 Management Plan. The applicant must submit a plan for management of open space and/or A. allocates responsibility and guidelines for the maintenance and operation oft the common open space/facilities including ongoing maintenance and long-term capital improvements; B. estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the common open space/facilities and outlines the means by which funding willl be  secured;  C. provides that any changes to the plan must be approved by the Commission; and  D. provides for enforcement of the plan.  3.10.03 Int the event the party responsible for the common open space or facilities fails to maintain all or any portion in reasonable order and condition, the City may assume responsibility for its maintenance and may enter the premises and take corrective action, including extended maintenance. The costs of such maintenance may be charged to the association or to the individual owners that make up the association and may include administrative costs and penalties. Costs may become al lien on all  involved properties.  3-6    Article 3 General Regulations  $3.11. Parking and Storage of Certain Vehicles  3.11.01 Automotive vehicles or trailers of any kind without current license plates, or which arei inoperable or disabled for a period off five consecutive days, may not be stored or parked on any residentially- zoned property, whether occupied as a residence or not, or on property used for residential purposes in ar nonresidential district except in an enclosed building or within the rear yard if fully screened from off-premise. For the purposes oft this section, a vehicle is deemed inoperable or disabled ifi iti is unable to operate on the streets and roadways oft the State of Alabama in full 3.11.02 Recreational vehicles may be stored in any district but only if parked int the side or rear yard, ori inan accessory: structure conforming to the requirements oft this Ordinance. The Zoning Official may permit keeping ofr recreational vehicles in the front yard ofar residential corner lot provided the sight distance and other public safety standards are otherwise met. No such equipment may be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any  compliance with the various provisions of the Code of Alabama, 1975.  location not approved for such use.  $3.12. Tree Protection  Every attempt should be made to protect and save existing trees on a development site, except for those trees removed to allow fort the erection of the building and otheri improvements. Whenever possible, at tree or group of trees to preserved must have a barrier constructed to the drip line oft thet tree, or group oft trees, as  approved by the Zoning Official. $3.13. Farm Animals AGI District. $3.14. Donation Bins  Except as provided for keeping of chickens on the premises of detached single-family dwellings in accordance with $7.10 Keeping of Chickens, horses, cattle, sheep, pigs, fowl and other farm animals are allowed only in the  3.14.01 Donation Bins are allowed as an accessory use on nonresidential premises only and may only be 3.14.02 Location of donation bins must be approved byt the Zoning Official before being placed on premises. 3.14.03 Donations Bins may not encroach on any required parking, loading or landscaping and may not 3.14.04 Donated goods must be collected regularly: so as not to allow accumulation of goods outside of  placed with permission oft the property owner and only upon approval of an applicable permit byt the  Zoning Official.  interfere with vehicular circulation on or off the premises.  containers. Receptacles must display the name oft the owner or sponsor, their address, telephone number, and contact person responsible for collection. All donated goods accumulating outside of  containers must be collected within 48 hours ofr notice byt the City.  3-7    This page intentionally left blank.  3-8    Article 41 Residential Districts  ARTICLE 4: RESIDENTIAL DISTRICTS  $4.01. General Regulations  4.01.01 All uses must comply with the area and dimensional requirements in Table 4-1 and the use 4.01.02 Any districts designated or defined heretofore by the previous comprehensive zoning ordinance(s) which were in effect prior to the enactment of this ordinance are considered conforming to the new designations for the respective, corresponding districts listed in this ordinance and shall not require  regulations in Table 4-2.  rezoning in the event that they are destroyed or damaged.  4.01.03 Except as permitted for tiny houses in the MHP District, all dwelling units must have a minimum floor 4.01.05 Corner Lots in Residential Districts. On any corner lot adjoining the rear of another residentially- zoned lot, all structures must be set back from the same street as required for the dwelling on the 4.01.06 Accessory Structures. Only accessory structures with a permanent foundation are permitted in the  area of 400sf.  4.01.04 Private swimming pools may be located in the rear yard only.  adjoining lot. established side yard. 4.01.07 Minimum Open Space  A. In all residential districts, open space comprising at least one percent oft the gross tract must be  provided as common open space in the following cases: (1) Subdivisions containing 30 or more dwelling lots (2) Townhouse developments containing 30 or more dwellings (3). Manufactured and tiny home parks Common Open Spaces and Facilities.  B. All common open spaces must be well maintained in a safe and orderly condition, subject to $3.10 Required setbacks, parking areas and drives do not count toward common open space requirements. Spaces must be large enough to support leisure and recreational activity; no dimension may be less than 15 ft, except that paved paths at least six feet in width may be counted. Stormwater ponds may D. Common open spaces should be consolidated into one or a few central locations to assure accessibility and usability and must be oriented to receive adequate sunlight. Required open space must have frontage on a street, common drive or parking area or otherwise be accessible without E. Atl least 50% of the required open space must be improved and maintained for recreational use. Improved open space must be graded and sodded, ata minimum, to accommodate use by residents, 4.01.08 Off-street parking areas for buildings containing three or more dwelling units and any common parking areas serving three or more dwellings must comply with the following specifications: A. may be used only by passenger vehicles and vehicles up to one ton and may not be used for the B. may not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials,  be counted up to 50% of the open space requirement.  requiring passage through dwelling lots.  and must be adequately drained to prevent ponding.  parking or storage of trailers or similar equipment;  or supplies;  4-1    C. must be graded for proper drainage and provided with a paved surface maintained at all times to D. Lighting of parking may not unreasonably disturb occupants of adjacent residential property nor E. May have no more than one attendant shelter building, which must conform to all setback F. The parking area must be set back at least 20 fti from all front lot lines nor less than the front yard of any existing residential structure on any adjoining lot. The setback may not be used or occupied for  prevent the release of dust and to be free of dust, trash and debris;  interfere with traffic;  requirements and which may not exceed 50 sf of gross floor area; any purpose except as permitted or required in this section.  $4.02. R-1 Low Density Single-Family Residential District  The purpose oft this District is to provide and preserve land for use for low-density single family dwelling units and other compatible uses in areas that are geographically defined and protected from the encroachment of  incompatible uses.  $4.03. R-2 Medium Density Single-Family Residential District  The purpose of this District is to provide and preserve land for use for medium-density single family dwelling units and other compatible uses in areas that are geographically defined and protected from the  encroachment ofi incompatible uses.  $4.04. R-3 High Density Single-Family Residential District  The purpose of this District is to provide and preserve land for use for high-density single family dwelling units and other compatible uses in areas that are geographically defined and protected from the encroachment of  incompatible uses.  $4.05. R-41 Mixed Residential District  The purpose of this District is to provide and preserve land for both single family and duplex and multiplex dwelling units and other compatible uses in areas that are accessible to central community facilities, or where atransition from different density residential or nonresidential development is desirable. 4.05.01 Triplexes and quadplexes may not be established on any interior lot located between two existing  single-family dwellings. $4.06. R-5 Multifamily Residential District higher density residential development. $4.07. R-TTownhouse District  The purpose of this District is to provide and preserve land that is and can be used for the construction of multifamily dwellings and other compatible uses in areas having access to services and facilities appropriate for  The purpose of this District is to provide and preserve land that is and can be used for the construction of townhouse dwellings in areas having access to services and facilities appropriate for higher density residential 4.07.01 Townhouse developments are subject to $7.17 Townhouses and must be approved by the Commission, if developed as a subdivision, prior to the issuance of a building permit.. A. Should be located near major thoroughfares and collector streets where a high level of vehicular  development.  4.07.02 Itis the intended that townhouse developments:  access can be provided.  4-2    Article 41 Residential Districts  B. Mayl be located primarily in areas near or adjacent to single-family residential: areas. : May be used as at transitional use between single-family dwellings and other high density or D. Must constitute groupings making efficient, economical, comfortable and convenient use of land and open space and providing alternative means to conventional arrangements of yards and building E.N Must be high quality living units offering usable open space and other residential amenities and  nonresidential uses.  areas.  preserving natural landform and foliage. $4.08. MHP Manufactured Home Park District manufactured and tinyl home communities.  The purpose of this District is to provide and preserve land that is and can be used for the development of 4.08.01 General Standards. Manufactured home and tiny home parks are subject to the following minimum A. The site must be well-drained and graded to ensure adequate treatment of surface water runoff. B. Manufactured and tiny! home parks may not be platted or otherwise divided fori fee simple ownership; however, the sale ofi interests or memberships on ac condominium basis is permitted. All facilities, including streets, must be privately owned, or owned in common by the residents of the park, and may not occupy parcels of land deeded separately from the common facilities within the (1) Clubhouse, laundry, swimming pool, and other similar facilities for the common use of the (2) No more than one dwelling unit of conventional construction, containing at least 600 sf of floor D. The front, rear and side yards for each home stand must be at least ten feet in depth. No manufactured or tiny home and its accessory building may cover more than 40% of the total area of Each home stand must have at least two parking spaces maintained with an all-weather wearing surface such as asphalt and concrete. All off-street parking spaces must have access to an interior roadway within the park. No direct access is allowed between home stands and any exterior street. F. - Home stands must front on interior streets having a paved surface at least 221 ft wide. Interior streets must be an all-weather surface of concrete or asphalt and built to the standards of the City. Cul-de- G. Street lighting must be provided throughout the park with lighting units spaced and equipped with luminaries of al height to provide an average luminance of four lumens per square meter reaching the ground surface, and the luminance ratio must be set at a maximum of six to one. Lights must be H. Storage areas for boats, recreational vehicles, and other types of vehicle that exceed 301 ft in length must be screened from view off the premises. Storage of such vehicles is not allowed on home Home stands must be clearly staked or otherwise identified and have a permanent marker giving a number and/or letter of a minimum height of three inches so that they may easily be read from the  standards:  park.  Uses. The following accessory uses are allowed:  residents of the park.  space and intended for the use ofa a resident manager.  the home stand.  sacs must have a paved surface with a minimum radius of 40ft.  directed downward or otherwise shielded. stands or on thei internal streets in the park.  4-3    interior roadway. Alli individual utility meters must be numbered for easy identification by service  personnel. Utilities  (1) Asanitarys sewer collection system must be extended to every home stand. The connection from individual homes must be made under and/or within five feet oft the home and equipped witha (2) Every home stand must be provided with an individual branch service linet for potable water with aminimum diameter of 3/4 inches. A cut-off and back flow prevention device approved. by a nationally recognized testing agency must bei installed on each branch. All connections to the water distribution system must be under, and/or within five feet oft the home. Each home stand must have a water meter; andi the service line from the meter to the home must be buried a (3) Every home stand must be provided with individual electrical service. Each such: service must be mounted on at treated wooden pole or a metal pedestal and equipped with a circuit breaker, ora switch and fuses, housed in a panel approved for exterior use. The power supply wiring from the service to the home must be of a direct burial type, properly: sized, and buried int the earthi from the service to a connection point underneath the individual home. The supply cable must be encased in metal or plastic pipe and buried to the depth required by Cityr regulations. Primary (4) Where gas service is provided, installation must conform to the requirements of the Alabama Public Service Commission, the gas district, and the International Codes Congress Standard Gas  seal.  minimum depth of12 inches ini the ground.  service lines may not bel located across the top of any! home.  Code.  4.08.02 Manufactured Home Park Standards. The following standards applyt to portions of manufactured A. The minimum: site areai for manufactured home parks, regardless of whether they include tiny home B. Each manufactured home stand must be at least 5,000 sfi in area and have a width of at least 50ft. C.A Any portions of parks containing manufactured homes may not exceed: seven homes per gross acre. D.A All homes must have: skirtingi installed between the base oft the structure and the ground. Skirting must be made of concrete block, wood, vinyl, or other approved materials. Any opening int the E.A AlI homes must be blocked and tied down in conformance with $11-49-219, Code of Alabama, 1975, 4.08.03 Tiny Home Park Standards. The following standards apply to tinyl home parks and any portions of A. The minimum site areat for tiny home parks that are not part ofar manufactured home park and that B. Tiny! home stands must be providedi in a separate section of a parkt that contains manufactured home . Each tiny home stand must be at least 1,500: sf in area andl have a width of at least 30ft. D. Any portions of parks containing tiny! homes may not exceed ten homes per gross acre.  home parks containing manufactured home stands:  stands, is ten acres.  skirting may not bel larger than two inches square.  asa amended.  manufactured home parks containing tiny home stands: do not contain any manufactured home stands is six acres.  stands.  4-4    Article 4 Residential Districts  4.08.04 Storm Shelter  A. Every manufactured and tiny home park oft ten or more home stands must be provided with storm  shelters, which shall:  (1) Have a minimum floor area of seven square feet for each home stand.  (2) Be designed by al licensed structural engineer or architect and built in accordance with plans (3) Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain. (4) Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the City's currently adopted editions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and National Electrical Code, where applicable. (5) Be designed and constructed to meet all applicable requirements of the Americans with (6) Be located no farther than 1,3201 ft from the furthest home stand in the park.  approved byt the Zoning Official.  Disabilities Act (ADA).  B. The park owner or their designated agent is responsible for making the storm shelter accessible and usable in times of need. Iti is unlawful for any required storm shelter to be used for storage purposes ifsuch storage reduces the minimum floor area available for shelter of persons below the For any addition of ten or more home stands to any existing park, a storm shelter that complies with the requirements of this section must be provided to serve such additional spaces. For any addition of fewer than ten home stands to an existing park there is no requirement that an additional shelter be provided to serve such additional spaces. However, when two or more such additions of fewer than ten home stands result in a cumulative addition of ten or more home stands to a park, a storm shelter which complies with the general requirements of this subsection must be provided to serve D. Any park of ten or more home stands which has an existing storm shelter, as of the effective date of the ordinance, which does not conform to the requirements of this section is considered nonconforming and may continue to exist as long as said existing shelter remains in place and usable; provided, however, any home stands added to such community after such effective date require Any manufactured or tiny home park that does not conform with these requirements must be brought into conformance within ten years from the date on which this amendment is adopted.. Ata minimum, the following requirements must be met to the fullest extent practicable as determined by the Zoning Official: interior street widths and paving; parking; lighting; home stand sizes; skirting,  requirements of this subsection.  such additional spaces.  storm shelters as provided herein.  4.08.05 Nonconforming Parks  blocking and tie-downs, water, sanitary sewer and electrical service.  4-5    TABLE4 4-1 Area and Dimensional Requirements, Residential Districts  R-1 n/a 100 n/a 10 40 25 35  R-2 n/a 75 30 n/a 10 30 40 35  R-3 n/a 50 25 20 7 30 50 35  R-4  R-5  R-T3 MHP 4  Minimum Lot Area (sf) One Dwelling Per Additional Dwelling on the same lot Minimum Lot Width (ft) Minimum Setbacks (ft) Front or Primary Front Yard 35 Secondary Front' Yard Side Yard Rear yard Maximum building area, percent of gross lot area Maximum building height inf feet instories Developments.  14,000 10,000 6,0001 4,00012 4,0001 1,2 2,000  n/a n/a 100 25 n/a 10 25 n/a n/a 1  2,000 2,0002 n/a  40 20 15 75 25 40 35  40 20 15 75 25 60 45 3  20 25 20 0/10 25 n/a 35 2-1/2  2-1/2 2-1/2 2-1/2 2-1/2  1.7 The minimum lot areai for each loti ina a Cottage Development is 2,500s sf. Refer also to $7.06 Cottage 2. For multifamily buildings containing more than four dwelling units andi for any multifamily development including more than one building on the same lot, refer to $7.13 Multifamily Development. 4. Minimum lot width and setbacks applyt to the overall tract. Refer to 54.08 for requirements applicable to each 5. Between detached single-family dwellings in a proposed subdivision, the minimum side yard setback may be waived provided that the dwellings are: set apart as necessary to meet Building Code requirements. However, the minimum side yard must be provided wherever proposed dwellings will adjoin an existing development.  3. Refer to $7.17Townhouses for additional standards.  home stand.  4-6    Article 4 Residential Districts  Table 4-2: Uses Permitted in Residential Districts  USES  R-1 R-2 R-3 R-4 R-5 R-T MHP  Accessory Dwellings, subject to $7.01 Conservation Subdivision, subject to 57.05 Cottage Development, subject to $7.06 Dwelling, Multifamily, subject to $7.13 Dwelling, Triplex or Quadplex Dwelling, Duplex Dwelling, Single Family Dwelling, Townhouse, subject to 57.17 Manufactured Home, on its own lot Manufactured Home and Tiny Home Park Modular Home Residential Care and Day Care Facilities Assisted Living Facility Day Care Center Family Care Home Family Day Care Home Group Day Care Home Independent Living Facility Other Uses Amateur Radio Towers Bed and Breakfast, subject to $7.03 Cemetery, subject to $7.04 Country Club Golf Course  P P P P P  P P P P P P P P P  P P P P P  P P P P  P P P P P  SE SE SE SE SE P  Emergency or Transitional Care Home, subject to $7.07  SE SE SE SE SE SE SE SE SE SE P P P P SE SE SE SE P P SE SE SE SE SE SE SE SE SE SE A A A A A A SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE P P SE SE SE SE SE SE SE SE SE SE  SE  SE P  Home Occupation, Minor, subject to 57.08 Home Occupation, Major, subject to $7.08 Institutional Use, Low Intensity Institutional Use, Medium Intensity Keeping of Chickens, subject to 57.10 Keeping of Honeybees, subject to $7.11 Parks, Playgrounds and Nature Preserves  P P P P P P P R R R R R R R R R R R R R R P P P P P P P SE SE SE SE R-Subject to Planning Commission review in accordance with Code of Ala. 1975, $11-52-11as Ab blank in the Table indicates the use is not permitted.  Parking, Off-site Public Facility Public Utility Facility Rooming/Boarding House Short-Term Rentals, subject to City Ord. 12-06-22-C Telecommunication Towers, subject to $7.16 P-Permitted by right. A-F Requires administrative approval. SE - Requires Board of Adjustment approval per 512.06.  SE  amended.  4-7    This page intentionally left blank.  4-8    Article 51 Nonresidential Districts  ARTICLE 5: NONRESIDENTIAL DISTRICTS  $5.01. General Regulations  5.01.01 All uses must comply with the area and dimensional requirements in Table 5-1. 5.01.02 Temporary uses are permitted in accordance with 57.16 Temporary! Uses.  5.01.03 Single-family Dwellings. Existing single-family dwellings in nonresidential districts are subject to the A. They may be expanded by no more than 25% of the existing gross floor area oft the dwelling, provided it complies with the area and dimensional requirements of the applicable district upon C. Each existing single-family dwelling, so long as iti is used as a dwelling, may also include one oft the following: bed and breakfast, family care home, family day care home or group day care home. All such uses are subject to the same approvals and regulations as would normally be applied ift the D. Use of an existing single-family dwelling for emergency care homes or transitional care homes are  following:  expansion. Only one such expansion is permitted.  B. So long as they are used as a dwelling, they may alsoi include home occupations.  dwelling were in a residential district.  only permitted ini the INST District in accordance with Table! 5-2.  5.01.04 Gas stations are permitted only properties with primary access on a state highway.  5.01.05 Access to borrow pits must be from as state road.  $5.02. B-1 General Business District  This District is intendedi for a variety of both small and large-scale retail and service facilities, generally clustered into groups of similar and related activities; and are often designed to accommodate an integrated  complex of retail and service facilities on a single site and sharing common parking.  $5.03. B-2 Downtown Business District  This District consists more or less oft the traditional downtown area of Enterprise. As such it contains retail, office, financial, government, food service and personal service facilities. The use of upper floors for residential use is encouraged. Pedestrian access is also desirable; and development is in part characterized by lot line to  lotl line construction, and combined uses within buildings and on property.  $5.04. B-3 Highway Commercial District  The purpose oft this District is to provide land to accommodate uses that tendi to require al high degree of visibility and vehicular access, and/or serve thet traveling public. The location and design of developments in this District must minimize traffic hazards and adverse impacts on adjoining areas. 5.04.01 Joint access easements and stubouts must be provided at adjoining property boundaries. 5.04.02 Access or frontage roads are required along the entire property frontage. All frontage roads must be fort two-wayt traffic, parking is prohibited.S Such frontage roads may be constructed on Alabama 5.04.03 Allf frontage roads must be constructed to ALDOT specifications and must meet thet following  Department of Transportation right-of-wayv with ALDOT approval.  minimum requirements:  A. The right-of-way must be at least 401 ft wide and lie parallel and adjacent to the highway right-of-way unless the Planning Commission determines another alignment to be more appropriate. Alternate  layouts may be required at intersections.  5-1    B. The paved roadway must be at least 24f ft wide from face tot face or curb and constructed with vertical standard curband gutter subject to City specifications. The paved roadway must lie ini the center of thei frontage right-of-way unless otherwise specified. The highway andi frontage road must be separated by at least eight feet. D. Temporary access may be allowed from the access road to the main highway until permanent access points can be constructed or connections can be made to existing access points. E. Driveway curb cuts from thei frontage road to the adjoining highways must begin or end no closer than 8001 ft from the beginning or ending of another. Likewise, no such curb may begin at a point closer than 8001 ft from the point of curvature of the curb return at an intersection with another F. Driveway curb cuts for frontage roads shall not begin at a point closer than 1501 ft from the right-of- way oft the main highway along any secondary road intersecting with the main highway. G. The Commission may waive or modify frontage road requirements where they would cross drainage  street.  ditches, creeks and other natural features.  $5.05. INST Institutional District  The purpose of this district is to provide for and protect uses that are institutional in nature, while encouraging their reasonable use and enjoyment in ways that are compatible with surrounding districts. Such uses historically have been ani integral part of the neighborhoods they provided for and supported. However, many such uses now typically serve al larger areat than the adjacent neighborhoods and often consist of substantial  structures and parking areas designed to accommodate large numbers of people.  $5.06. M-1 Light Industrial District  This District is intended to accommodate manufacturing, processing, and assembly operations that are relatively small int terms ofe employment and: space requirements and which do not adversely affect  surrounding property by generating noise, dust, odor or glare.  $5.07. M-2 General Industrial District  This District includes land that is considered appropriate for manufacturing and assembly operations that tend to require substantial inputs of raw materials and components and subsequent shipment of processed goods.  5-2    Article 51 Nonresidential Districts  TABLE5 5-1 Area and Dimensional Requirements, Nonresidential Districts  B-1 n/a n/a 30 n/a 20 50 45 3  B-2 n/a n/a n/a n/a n/a 75 6  B-3 100 30 n/a 30 n/a 45 3  PBD n/a 20 n/a n/a 40 45 3  INST M-1 150 30 20 30 40 45 3  M-2 n/a n/a 30 n/a 30 25 35 2  Minimum Lot Area (sf) Minimum Lot Width (ft) Minimum Setbacks (ft) Front Yard Side Yard Rear yard Maximum building area, percent of gross lot area Maximum building height inf feet ins stories  n/a 30,000 n/a 50,000 n/a  n/a n/a n/a 30 50 35 2  Table! 5-2 Permitted Uses, Nonresidential Districts  USES P-Permitted by right. A-F Requires administrative approval. SE-F Requires Board of Adjustment approval per $12.06. Ambulance service  B-1 B-2 B-3 PBD INST M-1 M-2 R-Subject to Planning Commission review in accordance with Code of Ala. 1975, 511-52-11as Ab blank in the Table indicates the use is not permitted.  amended.  Miscellaneous Commercial Uses  P P SE SE P  P P P P P P P P P P P P P  P P P P P SE  Alternative Financial Service, subject to $7.02 Animal hospital and pet grooming, fully enclosed Animal hospital and pet grooming, partially unenclosed  Automobile repair, major Automobile repair, minor Bank Bed and Breakfast Broadcast Studio Business or Professional Office Business Support Service Car Wash Commercial Kitchen Construction Service, Major Construction Service, Minor Farm Support Business Funeral Home Kennel Lodging, Hotel Lodging, Motel Maintenance Service Mini-Warehouse, subject to $7.12  P P P P SE  P P P P SE P P P P P P SE P P  P SE P P P SE P P SE SE P P P SE P P P P P P  P P P SE P SE P P P P P P P P P  P  P P SE  SE P P P P P SE  Heavy' Vehicle and Equipment Sales, Rental and Service  SE P P SE 5-3    Table 5-2 Permitted Uses, Nonresidential Districts  USES P-P Permitted by right. A-F Requires administrative approval. SE- Requires Board of Adjustment approval per $12.06. Outdoor Storage, as a principal use Parking, Freestanding Research Laboratory (under 10,000 sf) Research Laboratory (10,000 sf and over) School, Commercial, fully enclosed School, Commercial, unenclosed Studio Towing Service Vehicle Sales, Rental and Service Wholesaling Establishment Assisted Living Facility Day Care Center Emergency Care Home, subject to $7.07 Family Care Home Independent Living Facility Nursing Care Facility Transitional Care Home, subject to $7.07 Caretaker Dwelling Dwelling, Upper Story Rooming/Boarding House Bakery, Minor Garden Center Gas Station, see $5.01.05 Laundry Service Liquor Store, subject to $4-12 of the City Code Open Air Market, permanent Pawn Shop, with no outdoor sales or storage Pawn Shop, with outdoor sales or storage Personal Services Restaurant, Fast Food Restaurant, Standard Restaurant, Take Out Only Retail, General Retail, Unenclosed Tattoo Parlor  B-1 B-2 B-3 PBD INST M-1 M-2 R-Subject to Planning Commission reviewi in accordance with Code of Ala. 1975, $11-52-11as AI blank in the Table indicates the use is not permitted.  amended.  P P SE P P P P P P P P SE P P  P SE P P P P P P  P P P P P P P  SE  P P P P SE SE P P P SE P SE P P P P P P P P SE P P  Residential Care and Day Care Uses  P P P P  P P P P P P P  Residential Uses  A A A A A A A  P SE  P  Retail and Personal Service Uses  P P P P P SE P P P SE P P SE SE P P P P P P SE SE P P P P P P P P P P P P P P P P P P P P SE SE P P P P P P  P SE P P P  SE SE  P SE SE  P P  P SE  5-4    Article 5 Nonresidential Districts  Table 5-2 Permitted Uses, Nonresidential Districts  USES P-F Permitted by right. A-F Requires administrative approval. SE- Requires Board of Adjustment approval per $12.06. Country Club Entertainment, Indoor Entertainment, Outdoor Liquor Lounge Recreation, Indoor Recreation, Outdoor  B-1 B-2 B-3 PBD INST M-1 M-2 R-Subject to Planning Commission review in accordance with Code of Ala. 1975,911-52-11as Ab blank in the Table indicates the use is not permitted.  amended.  Recreation and Entertainment Uses  P  SE  P P P P SE P P P P P P P  P SE P P  Recreational Vehicle Park or Campground, subject to $7.14  P  Institutional, Assembly and Healthcare Uses  Low and medium intensity institutional uses High intensity institutional uses Airport Animal Shelter Cemetery, subject to $7.04 Community Service Club Hospital Public Facility Medical Clinic Medical Cannabis Dispensary School, Nonprofit School, Public  SE P SE SE P SE SE SE P SE SE P SE SE  SE SE P SE SE P  SE  SE SE SE P P R R R R R R R P P P P P P SE P P P SE SE R R R R R R R  P  P  Substance Abuse Treatment, Outpatient Substance Abuse Treatment, Residential Bakery, Major Borrow Pit, subject to $5.01.05 Junkyard, subject to $7.09 Landfill Manufacturing, General Manufacturing, Heavy Manufacturing, Light Recycling Center Recycling Plant Resource Extraction  SE SE SE  Industrial and Manufacturing Uses  SE SE  P P SE A SE P SE P SE P P SE P SE P P P P  SE SE SE SE SE P P  Warehousing and Distribution, Enclosed Warehousing and Distribution, Unenclosed  SE SE SE SE  SE  5-5    Table 5-2 Permitted Uses, Nonresidential Districts  USES P-Permitted by right. A-R Requires administrative approval. SE-F Requires Board of Adjustment approval per $12.06. Bus Terminal Helipad, accessory Helipad, freestanding Public Utility Facility, Major and Minor Small Cell Facilities Taxi or Limousine Service  B-1 B-2 B-3 PBD INST M-1 M-2 R-Subject to Planning Commission review in accordance with Code of Ala. 1975, $11-52-11as A blank in the Table indicates the use is not permitted.  amended.  Telecommunications, Transportation and Utilities  SE SE SE SE SE  SE A A SE SE SE  R R R R R R R A A A A A A A  SE SE  SE P SE SE  P SE SE  Telecommunication Tower, subject to 57.15  5-6    Article 65 Special Districts  ARTICLE 6: SPECIAL DISTRICTS $6.01. AG Agricultural District  This District is intended to provide space within the city to continue agricultural and forestry operations and to preserve land for future urban use when the demand for landi for development and availability of services  warrant such development and property may be rezoned for a more intensive use.  6.01.01 Uses. Refer to Table 6-1. A. Refer to $7.161 for temporary uses.  B. All uses not classified as permitted or Special Exception uses are prohibited. 6.01.02 All uses must comply with the area and dimensional requirements in Table 6-2.  A. Whenever there is more than one dwelling allowed on al lot, there must be at least 15,000 sf of lot  area provided for each dwelling.  Table 6-1 Permitted Uses, AG District  Permitted by Right Bed and Breakfast, subject to 57.03 Broadcast Studio Cemetery, subject to $7.04 Construction Service, Minor Country Club Day Care Home, Family Day Care Home, Group Dwelling, Single-family, detached Farm Farm Support Business Farming, Forestry Home Occupation Kennel Livestock Sales Manufactured Home Public Facility Public Utility Facility Stable  Special Exception Uses (subject to $12.06)  Airport Animal Hospital Animal Shelter Construction Service, Major Helipad Junkyard, subject to $7.09 Keeping of Honeybees, subject to $7.11 Place of Assembly or Worship Open Air Market Outdoor Recreation $7.14 Studio  Recreational Vehicle Park or Campground, subject to Substance Abuse Treatment Facility, Residential Telecommunication Tower, subject to $7.15  Table 6-2 Area and Dimensional Requirements, AG District  Minimum Yard Setback (ft)  Maximum lota area 25%  Minimum Minimum Lot Lot Area (sf) Width (ft) one acre  Building Area, Maximum Building Rear percentage of Height (ft/stories)  Front 50  Side 15  100  50  35/2  $6.02. HCI Highway Corridor Overlay District  6.02.01 Purpose. Recognizing the special nature of certain thoroughfares and the direct and indirect impacts oft the appearance oft these roadways and their importance to the local economy, the Highway Corridor Overlay District isi intended to ensure that development in these areas is visually pleasing  6-1    and economically viable. Whenever there is a conflict between the regulations of the overlay district 6.02.02 These regulations apply to new development and redevelopment in all lots, parcels and tracts with frontage along Highways 27,84,134, 167,192 and 248 and that are zoned B-1 or B-3, excluding any  and underlying zoning, the more restrictive applies.  B-2zoned property and any property within the Downtown Overlay. 6.02.03 Definitions. As used in this Section, certain terms are defined as follows:  A. Cladding: The exterior surface material of a building the exterior of the wall sheathing with a plaster appearance.  B. Exterior insulation andi finish system (EIFS): an exterior wall cladding using rigid insulation boards on Front Façade: that building elevation facing the street. Buildings on corner lots are considered to have two front façades. In the case of multi-building developments, building elevation facing the D. Masonry: brick, stone, precast concrete, poured concrete and architectural-grade concrete block  primary internal circulation area are also considered front facades.  (split-face, textured and colored-aggregate)  6.02.04 Building Materials  A. Exterior cladding materials for front facades are limited to: approved masonry; glass; wood; hard- coat stucco; EIFS; cement fiber board; corrugated, standing seam and flat panel metal siding. B. Approved masonry must be used as at least 50% of the cladding on front facades and 30% of the cladding on all other facades. Window (including glass curtain walls) and door openings are excluded C. Vinyl siding may not be used as cladding. Vinyl may only be used for soffits and other trim material. D. Rib or R-panel metal siding may not be used on front facades and may not comprise more than 50% E. Non-architectural. quality concrete block may only be used along the building foundation and may 6.02.05 Landscaping. Vehicular area landscaping, screening and buffers must be provided as required in  from this calculation. of other facades.  not extend above finished floor elevation of the first floor.  Article 10 except as follows:  A. Frontage Landscaping. A landscaped yard of at least 15 ft in depth must be provided and maintained along all front property lines and planted in accordance with the requirements in $10.04.03 Frontage B. When ai fence or wall meeting the standards in $10.05 is provided as part of frontage landscaping,  Landscaping.  the landscaped yard may be reduced to no less than eight feet in depth. A. All structures must be set back at least 201 ft from the front property line.  6.02.06 Other Site Standards  B. All garages, car washes and other service bays must be set back at least 401 ft from the front property A. The design and materials of all signs must be consistent with that of the structures on the site. B. All metallic poles and structural elements must be covered entirely in masonry, stone, wood, decorative metal or similar non-structural cladding material. The painting of metal surfaces alone is  line.  6.02.07 Signs. Signs are subject to Article 9 and the following:  not sufficient to meet this requirement.  6-2    Article 6 Special Districts  - Freestanding signs may be mounted on a base not exceeding four feet in height. If such base contains any lettering, symbols or other graphics legible from the street right-of-way, its area is  counted as part of the allowable sign area.  6.02.08 Lighting. Light or glare from any operation and alll lighting for parking areas or for the external  illumination of buildings or grounds shall be directed or located in such a manner such that direct or indirect illumination from the source of light shall not exceed one foot candle when measured from any property line adjoining a residential district. Outside lights for nonresidential properties/uses must be made up of a light source and reflector sO that, acting together, the resulting light is  controlled and not directed across an adjacent property.  $6.03. Planned Residential District 6.03.01 General Provisions  A. Purpose. The Planned Residential District is intended to provide optional methods of residential development and compatible uses developed at a relatively large scale and to allow flexibility in B. Community objectives. Planned developments are afforded more flexibility than provided through  overall design and types and density of dwelling units.  conventional zoning regulations to:  (1) Enable choice in housing type, lot size and neighborhood design;  (2) Preserve trees, slopes, wetlands, flood prone areas and natural drainage patterns and limit (3) Promote efficient development patterns that result in economically designed infrastructure. (1) No amendment of this Ordinance affects a PRD approved prior to such amendment. The approved PRD Development Plan may continue in accordance with the Zoning Ordinance in effect at the time ofs such prior approval. Should the PRD Development Plan approval expire or be voided, any newly submitted PRDI Development Plan must conform to the regulations in (2) All provisions of the Zoning Ordinance and Subdivision Regulations apply except where specifically addressed in this Section and within the approved PRD Development Plan.  disruption of natural features; and  . Applicability  effect at the time oft the new submittal.  6.03.02 General Requirements  A. Minimum area. Each PRD must contain at least ten acres of contiguous land. A: smaller land area may be considered provided evidence of one or more of the following conditions: (1) the project is consistent with the developmental goals of the Comprehensive Plan for the (2) the minimum acreage requirement is impractical due to ownership, existing development (3) the design concept integrates the development into and minimizes any potential adverse (4) the arrangement of uses, buildings, streets, parking, open spaces and amenities could not be B. Community benefits. The applicant must demonstrate that, in exchange for the flexibility conferred by! PRD designation, the development will feature one or more of the following benefits:  particular location;  patterns and similar constraints;  impacts on the surrounding neighborhood or business area; reproduced on the site under conventional zoning regulations.  (1) All buildings will feature quality, durable materials.  6-3    (2) Driveways, garages and parking areas will not dominate public views along streets. (3) Residential developments will feature a range of housing types and sizes appropriate to different (4) Usable open spaces will be provided in accessible locations throughout the development. A greater amount of common open space will be provided in more intensively developed portions (5) Paths will be provided to enable the safe movement of residents, on foot or bike, throughout the  stages in life.  oft the development.  development and to adjoining neighborhoods and community destinations. C. Proposed common areas are subject to 53.10 Common Open Spaces and Facilities.  6.03.03 Development Standards  A. Each PRD must include a residential subdistrict and may also include a mixed-use subdistrict. Mixed- use subdistricts may not exceed 30% of the total tract area of any PRD planned development. (1) Uses indicated with "P" are permitted by right in that subdistrict whether or not they are (2) Uses indicated with "SE" are permitted by right in those locations specified for such uses in the approved PRD Development Plan. If no location is identified for such use in the approved PRD Development Plan, Special Exception approval from the Board of Adjustment (see $12.06) must (3) Uses not indicated with "P" or "SE" and those that are not specified in Table 6-3 are prohibited unless expressly approved by the Council as part of the final approval of the PRD Development Plan and rezoning. If approved, the usei is subject to any conditions the Council deems necessary for approval and may only be developed in the location specified with such approval. Any prohibited use not expressly included in the approved PRD Development Plan requires amendment of the PRD Development Plan by the Council before a building permit may be issued (4) All uses are subject toi the applicable requirements in Article 7 Use-specific Regulations unless otherwise provided fori in the approved PRD Development Plan. C. Density and setbacks must conform to the standards in Table 6-4. Requirements greater than or in addition to those in Table 6-4 must be specified in the PRD Development Plan. D. Open Space Standards. Common open space must be provided as shown in Table 6-4. No designated common open space may be subdivided, reduced in area or used for any other purpose unless approved through an amendment to the PRD Development Plan. The following are not counted  B. Uses. Refer to Table 6-3 and the following.  specifically identified in the approved PRD Development Plan.  be obtained before a building permit may be issued for such use.  for such use.  toward meeting open space requirements:  (1) open spaces that are only accessible from the lots that abut them (3) remnant strips of land less than 40 ft wide at their narrowest  (2) parking gareas  6.03.04 Procedure  A. Application. Application for PRD: zoning must be accompanied by al Preliminary PRD Development Plan. Refer to the appendix for submittal requirements for Preliminary PRD Development Plan.  6-4    Article 6 Special Districts  B. Commission, Council Action  (1) Within 30 days after holding ap public hearing on al PRD rezoning request and approval oft the Preliminary PRD Development Plan, the Commission will make a recommendation for approval, approval with changes, or denial to the Council; or, with consent of the applicant, table its recommendation to allow time for further review or for the applicant to make requested (2) Upon receipt of the Commission'sn recommendation, the Council will conduct a public hearing on the rezoning request. Rezoning approval by the Council establishes the maximum density, maximum number of dwelling units and land use composition in each subdistrict of the proposed (3) After PRD: zoning has been established, no building permit may be issued, and no grading, clearing, excavation or filling may take place, until the Commission has approved the PRD Development Plan. The applicant has 180 days from rezoning approval to submit the PRD Development Plani to the Commission. Upon the applicant's request, the Zoning Official may extend this time period by 60 days. If not submitted within this period, the Council may take (4) The proposed PRD Development Plan must conform to the density and uses approved with the PRD rezoning and should incorporate any modifications recommended or required as conditions by the Council. How conditions specified by the Council are addressed should be clearly indicated (5) For PRD developments requiring subdivision approval, the Preliminary Plat of all or a portion of the development may be considered at1 thes same Commission meeting as that oft the PRD (6) Within 30 days after holding a public hearing ont the PRD Development Plan, the Commission will approve, approve with changes, or disapprove the PRD Development Plan; or, with consent of the applicant, table its recommendation to allow time for further review or for the applicant to make requested changes. If disapproved by the Commission, the applicant may appeal the  changes.  PRD.  action to revert thez zoning toi its previous classification.  by the applicant in the proposed PRDI Development Plan.  Development Plan.  decision to the Council. .E Effect of PRDI Development Plan Approval  (1) All properties in an approved PRD are bound by the: standards in its PRD Development Plan, even ifsubsequently: sold, unless and until the PRD Development Plan is voided byt the City. Int the case of multiple ownership, the approved PRDI Development Plan is binding on all owners. (2) No use oft the property, nor construction or alteration of any use or structure is permitted in (3) Upon approval oft the PRD Development Plan, subdivision approvals, building and other required (4) The Board of Adjustment may not grant variances that would have the effect ofamending an D.A Amendments. The Zoning Official may approve changes that are incidental or minori in scope. The following changes must be referred to the Commission andi may be considered without additional public hearings. Any change that would increase the permitted density or number of dwelling units orreducet the amount of open space must be approved as an amendment after a public hearing by  conflict with the approved PRD Development Plan. permits are issued int the same manner as applies generally.  approved PRD Development Plan.  the Council:  6-5    (1) A change in land use boundaries, provided there is no increase in overall density or total number of dwelling units in each subdistrict and no reduction int the amount of open space (2) Rearrangement of streets and any reduction in pedestrian and bicycle facilities (3) Reductions ins setbacks, lot area or lot width greater than five percent (4) Increases in building height greater than five percent (5) Areduction of off-street parking or loading space greater than five percent (6) Changes to the Development Schedule violation of this Ordinance.  Any deviation from the PRDI Development Plani in conflict with the above limits constitutesa E.F Failure to Begin Construction. Construction oft the approved development must begin within one year of PRD Development Plan approval. Ift the development is to be constructed in phases, the construction of each phase must begin within one year of the construction start times for that phase as providedi fori in the approved development schedule. Failure to comply with this provision  constitutes a violation oft this Ordinance.  Table 6-3 Permitted Uses, Planned Residential District  Residential Subdistrict Mixed-Use Subdistrict  Animal hospital and pet grooming, enclosed and Assisted and independent living facilities Bed and Breakfast, subject to $7.03 Business and professional office Conservation subdivision, subject to $7.05  SE P P P P SE P P P P P P P P P P P P P P P P P P P  unenclosed Bank Car wash Country club Day care center Day care home, Family Day care home, Group Dwelling, Accessory Dwelling, Duplex  P P P P SE P SE P P SE P P P SE P P P SE  Dwelling, Multifamily, subject to $7.13 Dwelling, Single-family detached Dwelling, Townhouse, subject to $7.17 Dwelling, Triplex and Quadplex Dwelling, Upper story Emergency Care Home, subject to $7.07 General retail, enclosed Golf course Home occupation, subject to $7.08 Personal service Institutional Use, Low intensity Institutional Use, Medium intensity  6-6    Article 6 Special Districts  Table 6-3 Permitted Uses, Planned Residential District  Residential Subdistrict Mixed-Use Subdistrict  Institutional Use, High intensity Lodging, hotel Park, playground or nature preserve Parking, Off-site Public facilities Public utility facility Repair service Restaurant (any type) Rooming or Boarding house  P P P P P P SE P P P P SE SE  P SE P P SE P SE SE  Short-Term Rental, subject to City Ord. 12-06-22-C Telecommunications Tower, subject to 57.15  Studio  Vehicle repair, Minor  Table 6-4 Area and Dimensional Requirements, Planned Residential District  Residential Subdistrict  Mixed-use Subdistrict  Maximum Residential Density Minimum Common Open Space Minimum Setbacks Front Side Rear Minimum Lot Area Minimum Lot Width Maximum Building Height  9dwelling units per gross acre 12 dwelling units per gross acre  10% 15ft 10ft1,2 15ft 5,000sf2 50ft2 35ftor2.5: stories  15% n/a 10ft1,2 15ft n/a 50ft2 45ft or 3 stories  1. Where specified in the approved PRD Development Plan, buildings may be constructed with az zero setback provided the buildings on the adjoining lot are set back the same or are required by the PRD Development  Plan to be set back at least ten feet from the shared lot line.  2. Does not apply to townhouses $6.04. PBD Planned Business District  6.04.01 Purpose. The Planned Business District is intended to accommodate development of uses, which due to their inherent nature and proposed location, may require special conditions to protect adjoining  properties from adverse impacts.  6.04.02 General Provisions  A. Developments within a Planned Business District must be laid out, developed and used according to B. The uses permitted are those prescribed in Table 6-5. The use of each building or premises must be ina accordance with the Development Plan approved as part of the rezoning. C. Setbacks, lot size and building height are subject to Table 6-5. Requirements greater than or in addition to those in Table 6-5 may be required as conditions on the Development Plan.  al Development Plan prepared in accordance with this Article.  6-7    Table 6-5 Planned Business District Permitted Uses General retail, Enclosed and Unenclosed Golf course  Animal hospital and pet grooming, Garden center  Recreation, Indoor and Outdoor Recreational vehicle park or campground, subject to $7.14 Research laboratory School, Commercial Studio  enclosed and unenclosed Assisted andi independent living facilities Bank Bed and breakfast, subject to $7.03 subject to 57.08 Broadcast studio Business and professional office Kennel Business support service Carv wash Minor Day care center Day care home, Group Dwelling, Caretaker Dwelling, Upper story Funeral Home  Home occupation, Major and Minor, Restaurant (anyt type)  Institutional Use (anyi intensity) Laundry: service Liquor lounge Maintenance service Medical clinic Open air market Parking, Off-site Personal service Public utility facility  Substance abuse treatment facility, Outpatient and Residential Telecommunications Tower, subject tos $7.15 Vehicle repair, Major and Minor Vehicle sales, rental and service Vehicle and equipment sales, rental and service, Heavy Warehousing and distribution, Enclosed Wholesaling establishment  Construction service, Major and Lodging, hotel and motel  Entertainment, Indoor and Outdoor Public facilities  Area and Dimensional Requirements  Minimum Setbacks Side 10ft  Minimum Lot Maximum Building  Minimum Lot Area n/a  Front 15ft  Rear 15ft  Width 25ft  Height 45 ft or 3 stories  6.04.03 Procedure. The procedure for PBD rezoning is as described in $13.05 Amendments except as follows: A. The rezoning application must be accompanied by a preliminary Development Plan as prescribedi in B. Thei following criteria are used in the review oft the rezoning request and preliminary Development (1) That the value and character of property adjacent to the tract under consideration will not be (2) That the proposed development is consistent with thei intent oft the Comprehensive Plan and of (3) That the preliminary Development Plan meets the requirements of all other regulating bodies; (4) That an approved method of sewage disposal is available to the tract under consideration. . If, within 365 days from the effective date oft the rezoning, a complete building permit application has not been submitted, the Council may take action to revert the property to its previous or another D. Applications for plat approval or for building permits must be accompanied by a site plan delineating the location of proposed buildings, parking and loading areas, streets, egress, and pedestrian  $13.03 for the review and recommendation of the Commission.  Plan:  adversely affected;  this Ordinance to promote the public health, safety and general welfare;  and  zoning classification.  6-8    Article 65 Special Districts  facilities; the locations, size, character and number of signs; thel location and character ofe exterior E.T The Zoning Official may not issue al building permit unless the site plan conforms to the applicable  lighting; and the character and extent of landscaping.  requirements of this Ordinance and the approved Development Plan.  $6.05. Downtown Overlay District  6.05.01 Purpose. This District is intended to guide future development and redevelopment toward creating an attractive and vibrant urban pattern that balances the pedestrian and traffic needs ofr residents, while it protects and enhances the original pattern of development. The design and land development standards are intended to bet flexible and encourage design diversity and variation. Development criteria will ensure that the architectural integrity and details of existing significant structures are maintained. and will affirm the appropriateness of new development. A. Vertical, mixed-use construction is encouraged in the Downtown Overlay District to the extent B. Except for live-work units, neither the basement nor first floor of buildings may be used for - The dwelling portion ofal live-work unit may be accessible from the nonresidential portion ofthe building. Otherwise, exterior access to upper-story dwellings must be separate from that oft the businesses and, to the degree practicable, should not bel located on the front façade. If the access is located on the front façade, it must be consistent with the style and materials used along the storefront but clearly signed to distinguish dwelling access from business access. D. For new construction, atl least one private parking space must be provided and reserved for each  6.05.02 Mixed-Use Buildings  permitted byt the underlying zoning. residential purposes.  upper-story dwelling unit.  6.05.03 Balconies  A. The City Council must approve any encroachment into a public right-of-wayl by any balcony structure. Insurance must be maintained by the property owner. No building permit may bei issued without Council approval of the encroachment. Any change in design after the Council approves the encroachment must be re-submitted to the Council before al building permit may bei issued. B. - No portion of a balcony may obstruct required pedestrian clearance. See $3.08.02. B Balconies may not project closer than 2.5ftt to the curb line extended vertically. horizontal: surfaces sloped to drain water away from the structure.  D. Balconies must meet all applicable requirements of the Building Code, must be waterproofed and . Those portions of al balcony within the right-of-way may have a roof or similar cover but may not be enclosed. Railings and posts must be of durable wood, metal or similar materialspedifically: approved  byt the Building Official. 6.05.04 Exterior Building Materials  Thet following design standards shall apply to new construction, additions, and alterations to commercial and A. Approved Materials. Exterior walls must be finished in brick, wood, concrete formed or assembled as stone, precast concrete panels with at finish to simulate stucco texture, polished: stone, or glazed  mixed-use buildings and: structures unless otherwise specified.  brick ort tile.  6-9    B. Prohibited Material. Vinyl siding, aluminum siding, rolled asphalt, precast concrete panels with smooth finish, fiber cement wood simulated horizontal lap siding, fiber cement panels, Exterior Insulation Finishing Systems (EIFS), T-111 plywood siding, ceramic-based coatings and sealers on the Exceptions. The Board of Adjustment may allow the use ofay prohibited material through approval of aSpecial Exception. Such requests will be heard only upon receipt ofar recommendation from the  siding.  Main Street Design Committee. made of approved materials.  6.05.05 Signs  A. Freestanding signs may not be taller than four feet, may not be larger than 40sfi in area and must be B. Wall: signs may not be larger than 80sfor 2.25 sf per linear foot of façade per tenant, whichever is less. No more than one wall sign is permitted per tenant per street-facing façade. Nonfunctioning electronic signs and signs deteriorated to the extent that their message is no longer legible must be removed or repaired within 30 days of notice by the Zoning Official. D. The Zoning Official may require that wall, window and freestanding signs installed by a tenant who has not occupied a building for a period ofs six months or longer be removed or covered. 6.05.06 Building Maintenance. Buildings must be maintained free of degraded exterior conditions, such as but not limited to; rot, peeling or faded paint, rust, and dirt buildup. Such conditions must be corrected upon notice by and with the timeframe specified by the Zoning Official. 6.05.07 Alleyways. Garbage may be placed in alleyways for collection only in an approved City garbage receptacle. Otherwise, alleyways must be kept clear of any storage or other accumulation of materials, equipment or waste from the tenants in adjoining buildings.  6.05.08 Prohibited Uses  A. Storage of materials or equipment of any kind not accessory to the use oft the premises is prohibited. Materials, goods and equipment of any kind in violation of this must be removed within two years of the effective date oft this ordinance. This does not apply to currently operating minl-warehouses.  B. Outdoor storage is prohibited. 6.05.09 Vacant Buildings  Vacant buildings, which were originally built for commercial or business activities, must be registered with the City, and their owners must maintain a valid Vacant Building Permit for each such vacant building. A registration fee of $500 must be paid at the time of application or renewal. No permit may be issued or  renewed prior to fee payment. Each permit is valid for up to three months.  A. Waivers may be granted upon a showing that the building or structure is being actively marketed for sale or lease and maintained pursuant to the requirements of this $6.05 and its vacant building permit or renewal thereof. Waivers may bei issued for no more than 4 permit periods, noti including any interim permit period that occurs within a permit period. Vacant building permit fees, oncea building is sold to a new owner, are waived for the remainder of the permit period and the permit B. Waivers may be granted when al building is being rehabilitated pursuant to applicable building and fire permits and the owner has spent at least 5% of the assessed valuation of the building or structure on rehabilitation, not including the cost of permits, in the prior 3-month period. Waivers may be granted when an owner secures all required permits to demolish the building or structure. The owner must demolish the building or structure within 3 months of securing said  periodi immediately following.  6-10    Article 6 Special Districts  permits; this waiver shall be void and the vacant building permit fee shall be owed ift the owner fails to demolish within this time. The time to demolish may be extended upon a showing of good cause. D. When a waiver is requested, the full fee must nonetheless be paid with the waiver request. Thet fee  willl be refunded by the Cityi ift the waiver is granted.  $6.06. A-Z Airport Zoning Districts  6.06.01 Designation of Airport Zoning Districts (AZ). All the real property, not heretofore zoned, within two miles of the boundaries oft the Enterprise Municipal Airport (said boundaries as set out int the attached map, see Exhibit A attached hereto andi incorporated by reference herein) shall bear the designation' "AZ Airport Zoning District".. All said real property shall comply with the rules and regulations of this Ordinance, except as otherwise expressly provided. The Council, after recommendation of the Planning Commission shall be empowered to enact, although not obligated to do so, further zoning in AZ districts in accordance with existing or future ordinances related to zoning real property and district uses set out therein, alli in accordance with the Act and said ordinances. Therefore, there shall be a new: zoning district established at this time known as AZ District which shall apply as shown on Exhibit B attached hereto and incorporated herein by reference. Said Exhibit B: shows the planned/future use restrictions of the real property in AZ Districts, and includes areas where no city-imposed use restrictions exist, except as expressly provided by this Ordinance, and except as may from time to time be provided for by Coffee County or as otherwise may be provided by future action oft the Cityi in accordance with this or any other applicable ordinance of the City. In AZI Districts with specific use restrictions, ifar rule or regulation of Coffee County conflicts with the provisions oft the ordinance from which this section derives, itis  intended that thet terms oft this ordinance shall govern.  6.06.02 Variances. Any person desiring to erect any structure, or increase the height of any structure, or  otherwise use his property iny violation of airport zoning regulations adopted under this section, may apply to the Zoning Board of Adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where al literal application or enforcement of the regulations would result inp practical difficulty or unnecessary hardship and the relief granted would not be contrary to the publici interest but do substantial justice andl bei in accordance with the spirit of the regulations; provided, that any variance may be allowed subject to any reasonable conditions that the Board may  deem necessary' to effectuate the purposes oft this section.  6.06.03 Permits and nonconforming uses.  A. Before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered, a permit must be obtained from the Building Official. A permit fee of $25.00 per permit shall be owed, subject, however, to the provision that no permit shall ber required as to uses and structures on any real property which carries the designation of' "No Use Restriction imposed by City" as set out on Exhibit B, unless a structure is over B. Nothing in this section or any airport zoning regulations adopted under/pursuant to this section shall require the removal, lowering or other change or alteration of any structure not conforming to the regulations when adopted or amended or otherwise interfere with the continuance ofa any nonconforming use, except as provided in this section. Nonconforming uses shall be discontinued and removed in case of being abandoned, destroyed, deteriorated or decayed. However, before any nonconforming structure or tree may be replaced, substantially altered, rebuilt, allowed to grow higher or replanted, aj permit must be secured from the Building Official of the city, authorizing such replacement or change; but no such permit shall be required to make maintenance repairs to ort to  25fti in height.  6-11    replace parts of existing structures which do not enlarge or increase thel height of an existing structure. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to! be made or become higher or become a greater hazard to air navigation thani it was when the applicable regulationwas Ing granting any permit or variance under this section, thel Building Official, may, if they respectively deem such action advisable to effectuate the purposes oft this section and reasonable int the circumstances, so condition such permit or variance as the case may be so as to require the owner of the structure or tree in question to permit the city, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary' to indicate tot flyers the presence of an airport hazard, upon payment to the owner for all damage resulting to his/her its property by D. Any denial of such permit as set above may be appealed to the Board within 15 days of written denial byt the Building Official, by delivering ai notice of appeal to the Engineering Departmentor  adopted or than iti is when the application for a permit is made.  such maintenance. Such shall bet the right but not the obligation of the City.  otherwise, the decision of the Building Official shall be final.  6.06.04 Enforcement ofr rules and regulations of this section/powers. The Building Official, Planning  Commission or the Board of Adjustment, all as the case may be, shall have and exercise the following  powers as designated:  A. Toc carry out those acts as designated by this section.  B. Tor review site plans in areas zoned A-Z which designate permitted uses (Planning Commission). :. Tol hear and decide any special exceptions to thet terms oft the airport zoning regulations uponwhich D. Toauthorize in specific cases such variance from the terms of the this section as will not be contrary tot the publici interest, where, owing to special conditions, al literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed E. The applicable agency or person designated above shall not be required to return the original papers acted upon byi it, but it shall be sufficient to return certified or sworn copies thereof or ofs such portions thereof as may be called on by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall F. The Board and Planning Commission as the case may be, shall adopt rules in accordance with the provisions oft this section or resolution by which it was created. Meetings of said agencies shall be held at the call of the chairman and at such other times as the agency may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.. All hearings oft the agency shall be public. The agency shall keep minutes ofi its proceedings, showing the vote of each member upon each question, or, ifa absent or failing to vote, indicating such fact, and shall keep records ofi its examinations and other official actions, all of which shall immediately bet filed in the office oft the agency and shall be a public record.  such agency may be required to pass under such regulations (Board).  and substantial justice done. (Board)  be verified.  6.06.05 Appeals.  A. Any person aggrieved by any decision of the Planning Commission or Board or any governing body of the City, as the case may be, which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board or commission may appeal tot the circuit court of the county where such airport is located.  6-12    Article 6 Special Districts  B. All appeals taken under this section must bet taken within 10 days by filing with the agency from which the appeal is taken a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit tot the court all the papers constituting the record upon An appeal shall stay all proceedings in furtherance oft the action appealed from, unless the agency from whicht the appeal is taken certifies to the court, after the notice of appeal has been filed with it, that by reason oft the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property andf file bond toi indemnify the owner for damages as may bet fixed by the court. In such cases proceedings may be stayed upon the filing by the àppellant of a supersedeas bond in an amounti to be set byt the circuit court of the county in which the subject matter ofs such decision lies D. The court may, inc conformity with the provisions oft this section, reverse, affirm wholly or partly, or 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 alli the 6.06.06 Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any structure or land is used in violation of this section or other regulation made under authority conferred by the Act, city officials oft the city, in addition to other remedies as set out by this Zoning Ordinances, as amended, mayi institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy ofs such structure orl land ort to prevent any illegal act, conduct, business or usei in or about 6.06.07 This section cumulative unless conflict. This section is cumulative oft the existing zoning ordinance, as amended, and is onlyi intended to amend those portions oft the ordinance which are amended as set out above. Otherwise, the zoning ordinance, as amended, remains int full force and effect and 6.06.08 Severability. If any section, sentence, clause, phrase, or part oft this ordinance is for any reason declared to bei invalid by the valid judgment or decree ofa a court of competent jurisdiction, such decision shall not affect any remaining sections, sentences, clauses, phrases, or parts of this section.  which the action appealed from was taken.  ona application byt the appellant or the agency from which the appeali is taken.  powers of the administrative agency from which the appeal is taken.  such premises.  unchanged.  6-13    Exhibit A  Emtegnsectylints ightmanlactunng, warehousirg. RAD. business ofices. heavys cemmercial OAPPRSUAPEeN  537  602  601  606  622  623  610  Exhibit B  6-14    Article 7 Use-Specific Regulations  ARTICLE7: USE-SPECIFIC REGULATIONS  $7.01. Accessory Dwellings ina accordance with the following:  Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling 7.01.01 Permit Required.. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any  accessory dwelling permit will automatically expire whenever: A. Required off-street parking is no longer provided on the premises  B. Int the R-1 and R-2 Districts, the permittee ceases to own or reside on the premises 7.01.02 Because the R-1 and R-2 Districts are intended for single-family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling. 7.01.03 Area and Dimensional Requirements. Accessory dwellings are permitted only on lots of at least 14,000 sf. Ift the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each oft the dwellings. A. Accessory dwellings must be set back from lot lines as required for the principal dwelling. B. The habitable floor area of an accessory dwelling must be atl least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. Detached accessory dwellings are subject to the cumulative area permitted for accessory structures.  7.01.04 Additional Requirements  A. Separate utility meters are not permitted for accessory dwellings. A Accessory dwellings may not be used for short-term rental purposes.  B. Nor more than one accessory dwelling is permitted on the lot ofas single-family detached dwelling. D.One parking space, in addition to that required for the principal dwelling, must be provided. E.A Accessory dwellings must comply with the Building Code and be installed on a permanent F. Accessory dwellings may not have separate vehicular access along the same street frontage as the G. An accessory dwelling may not be sold: separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements H. Ifane existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the  foundation. principal dwelling. of the district. conversion.  $7.02. Alternative Financial Services  Alternative Financial Services, including but not limited to collateral loan/exchange, payday loan, title loan businesses and check cashing establishments, are recognized, particularly when several are concentrated ina given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 1,000ft  of each other, as measured between the nearest property lines.  7-1    $7.03. Bed and Breakfast  Thei following standards apply to Bed and Breakfast establishments in residential districts only: 7.03.01 Bed and Breakfasts are permitted onlyi in detached, single-family dwellings and must be operated by 7.03.02 One parking space must be provided for each guest room, in addition toi the spaces required for the dwelling. Such additional required parking spaces must be screened from adjacent properties and arranged sot that each space has direct access to a driveway. Recreational vehicle parking is prohibited except on lots one acre or larger in size. If permitted, recreational vehicle parking is  the owner and resident oft the dwelling.  subject to $3.11 Parking and Storage of Certain Vehicles.  7.03.03 Food service is limited to overnight guests oft the Bed and Breakfast. No dining facilities may be open  toi the general public. Guest rooms may not contain cooking equipment.  $7.04. Cemeteries  7.04.01 All cemeteries must have direct access to a public street with ingress and egress designed to  minimize traffic congestion.  7.04.02 The minimum site area for a new cemetery is ten acres.  7.04.03 Structures, materials andi internments must bes set back at least 351 fti from any adjoining lot line, 7.04.04 Internments must bes set back at least 1501 ft from any well used for drinking water purposes.  except where adjoining another cemetery.  $7.05. Conservation Subdivision 7.05.01 Intent A. To provide flexibility to accommodate development on lands constrained by natural hazards that may limit the amount ort type of development; B.T To promote the creation of accessible green space; .T Top protect sensitive, environmental land features to promote the public health and safety; developments.  FLOODZONE  FLOODWAY  COMMON OPEN SPA  OPEN SPACE  PRESERVED SWETLAN  TEMUITT  D. Tor reduce erosion, sedimentation, land disturbance, and removal of vegetation; and E. Top promote development of walking and bicycling facilities and greenways within new 7.05.02 Applicability. The Conservation Subdivision option is available for single-family detached residential development ofs sites containing at least ten acres. If held in multiple ownership, the site must be developed according to a single plan with common authority and maintenance responsibility. The development must adhere to all other requirements oft this Ordinance and the Subdivision  Regulations. 7.05.03 Density Determination  A. The maximum number of lots is determined by dividing the total area of the proposed subdivision by the minimum lot size of the applicable district or, if septic tanks aret to be used, by the minimum lot  7-2    Article 7 Use-Specific Regulations  size required by the County Health Department. In making this calculation, the following may not be  included ini the total area of the tract: (1) Designated floodway  (2) Bodies of open water over 5,000 sf of contiguous area dwelling unit. Separation between dwellings must be at least 141 ft.  B. The minimum total area for front, rear and side yards is 2.51 times the ground floor area oft the  7.05.04 Application Requirements  A. Site Analysis Map. The applicant must prepare and submit a site analysis map concurrently with the Development Plan or preliminary plat, as applicable. The purpose of the site analysis map is to ensure that important site features have been identified prior to the creation of the site design. B.C Conservation Subdivision Plan. As part of the Development Plan or preliminary plat, the applicant must prepare a Conservation Subdivision Plan yielding no more lots than identified under $7.05.03 Density Determination. The Conservation Subdivision Plan must identify open spaces to be protected and include an open space management plan, all of which must be submitted and approved prior to Instrument of Permanent Protection. An instrument of permanent protection, as described in $7.05.06, must be placed on the open space at the time of issuance ofag grading permit. 7.05.05 Open Space Management Plan. For the purposes of this Section, "open space" is defined as the portion ofa Conservation Subdivision that has been set aside for permanent protection. Activities within the open space must be restricted in perpetuity by a legal instrument approved by the City  the issuance of a grading permit.  Attorney. A. Standards  (1) At least 20% of the total area oft the tract must be maintained as open space.  (2) The following are considered priority conservation areas and must be included within the open space, unless the applicant demonstrates that this would constitute an unusual hardship and be  counter to the purposes of the Conservation Subdivision:  (i) The 100-year floodplain  (ii) Riparian zones of at least 75 ft width along all perennial streams (ii) Slopes above 25% of at least 10,000 sf contiguous area (v) Archaeological sites, cemeteries and burial grounds  (iv) Delineated wetlands  (3) Thei following are considered secondary conservation areas and should be included within the  open space to the extent practicable: (i) Historic sites  (ii) Existing trails that connect the site to neighboring areas (ii) Existing healthy, native forests of at least one-acre contiguous area  (iv) Other significant natural features and scenic viewsheds, particularly those that can be seen (4) Utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 20% minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface, such as  from public roads.  7-3    portions of streets, parking and loading areas, are not counted toward the open space (5) At least 25% of the open space must be suitable for passive recreational use. (6) At least 50% of the open space must be in a contiguous tract, which may be divided by al local street. The layout of open space should allow connection to neighboring opens spaces. (7) To the extent practicable, the open space should be accessible to the largest number of lots and/or buildings within the site. Non-adjoining lots must be provided with access to the open  requirements.  space through sidewalks or off-street walkways.  B. Permitted Uses of Open Space  (1) Conservation of natural, archeological and historical resources  (2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, and similar conservation- (3) Agricultural and forestry activities, onlyi if conducted according to best management practices (5) Active recreation areas, if they are limited to no more than 20% of thei total open space and are not located within primary conservation areas. Active recreation areas mayi include playing courts and similar impervious surfaces necessary to the recreational activity. (6) Landscaped stormwater management facilities, community and individual wastewater disposal systems. Such facilities must be located outside of primary conservation areas. (8) Other conservation-oriented uses compatible with the purposes of this Section.  oriented areas  (4) Passive recreation areas, walking, bicycle and similar trails  (7) Easements for drainage, access, and underground utility lines  Prohibited Uses of Open Space (1) Golf courses  (2) Streets, parking and loading areas and similar impervious surfaces, except as specifically (3) Other activities established by the applicant and recorded on the legal instrument for permanent  authorized in the preceding subsections  protection.  7.05.06 Ownership, Management and Protection of Open Space  A. Responsibility for management of open spaces must be established in accordance with 53.10 B. The open space must be protected in perpetuity by one oft the following binding legal instruments, which must be recorded with the deed and include clear restrictions on use of the open space in  Common Open Spaces and Facilities. accordance with this Section:  Ap permanent conservation easement in favor of either:  (1) al land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for retransfer in the event the (2) agovernmental entity with an interest in pursuing goals compatible with the purposes of this Subsection, and ift the entity accepting the easement is not the City, then at third right of  organization becomes unable to carry out its functions; or  enforcement favoring the City must be included in the easement.  7-4    Article7Use-Spedific Regulations  D. A permanent restrictive covenant for conservation purposes in favor ofa a governmental entity. E. An equivalent legal toolt that provides permanent protection, as approved byt the City Attorney.  $7.06. Cottage Development 7.06.01 General Standards  A. Cottage Developments are permitted only on sites served by public water and sewer: services. B. Cottage Developments may be subdivisions, in condominium form or a combination. . Cottage Developments must include at least four dwellings but not more than ten dwelling lots that (1) Each lot must front on and have a main entry facing the Common Open Space, except those lots, nearest the fronting street, may front ont the street or Common Open Space. (2) The rear of dwellings may not face toward a street, except int the case of a double-frontage tract, the rear of cottage lots may be oriented toward the: street of higher classification. (3) Lots must be readily accessible for fire suppression purposes as determined by the Fire Chief  do not have street frontage, subject to the following:  during subdivision plat review. 7.06.02 Area and Dimensional Requirements A. Minimum Lot Width, Setbacks  (1) The lot width and side yard setback prescribed for detached single-family dwellings in the applicable district do not apply. Spacing between cottage dwellings must be at least five feet, (2) Dwellings must be set back at least 201 ft from alle exterior lot lines and must observe the front (3) No setback is required between a dwelling and the common open space; however, no portion of B. Minimum Common Open Space: 250: sf per unit and not less than 401 fti in width at any point.  which mayi include zero-lot line arrangements. yard setback fort the district along all street frontages. al building may encroach into or over the common open space.  Permitted Total Floor Area per Dwelling: (1) One-Story units: no more than 1,200 sf (2) 1-1/2 and Two-story units: no more than 1,600s sf D.N Maximum Height: two stories  7.06.03 Ownership and Management of Open Space. See $3.10 Common Open Spaces and Facilities. 7.06.04 Parking must be provided as required for detached single-family dwellings and may be clustered  together or provided individually at the rear of each home. Clustered parking areas must be screened  from the common open space and from streets and adjacent residential uses.  $7.07. Emergency and Transitional Care Homes care home or transitional care home. $7.08. Home Occupations  No emergency care home or transitional care home may be located within 1,0001 ft of an existing emergency  7.08.01 Permitted home occupations include but are not limited to: internet-based businesses, artistic and design services, telephone sales, catering, tax preparation, off-site instruction, child day care homes, child day care group homes, on-site music, dance and arti instruction, on-site sales and personal  7-5    services subject tot the limits herein, and other activities which the Zoning Official determines to be  substantially similar in nature, intensity, or impact to these. 7.08.02 Alll home occupations must meet the following standards:  A. Nor more than one person other than persons residing on the premises may be employed by the B. The home occupation must clearly be secondary and incidental to the use oft the dwelling unit asa C. The appearance of the dwelling unit may not be altered, nor may the home occupation be conducted ina any way that would cause the premises to differ from its residential character and that oft the D. Home occupations must be conducted entirely within the principal building and/or accessory structure. There may be no outside display or storage of materials, goods, supplies, or equipment E.H Home occupations arel limited tot two students, customers, clients or other visitors at any one time. F. Not traffic may be generated byt the home occupation in greater volumes than would normally be expected in a residential area. Anyr need for parking generated by the home occupation must be G. The operation of a home occupation may not create any nuisance such as excessive traffic, noise, vibration, glare, odor, fumes, dust, heat, fire hazards, electrical interference or fluctuation in line voltage, or be present or noticeable beyond the property boundaries of the home occupation premises. Any occupations involving fabrication, cooking or other processes that present ag greater risk of fire hazard are: subject to any conditions for approval required byt the Fire Marshal. A. Any person desiring to operate al home occupation must submit an application to the Zoning Official. The applicant must present evidence of ownership of the property in question, or a signed and notarized letter from the owner authorizing the application. The Zoning Official has ten calendar days B. Action taken pursuant to this ordinance does not mean that other regulations, rules, covenants, C. Final approval of al home occupation is contingent upon the applicant obtaining a valid business  home occupation. residence.  immediate neighborhood. used in the home occupation.  provided off the street and other than ini the required front yard.  7.08.03 Procedure  in which to act on an application.  deed restrictions or other matter would prohibit such action.  license from the City.  $7.09. Junkyards  7.09.01 Noj junkyard may be established closer than 3001 ft to an established residential district. 7.09.02 All outdoor storage of salvage and wrecking operations must be completely screened in accordance 7.09.03 The storage of wrecked automobile, junk, or salvaged materials may not exceed six feet in height.  with 510.02 Screening.  $7.10. Keeping of Chickens  The following standards apply to the keeping of chickens in any residential district.  7.10.01 Chickens may be kept only on the premises of an occupied detached single-family dwelling with a lot  size of at least 14,000: sfsubject toi thei following maximum allowances:  A. Lots of 14,000-19,999: sf: one hen  7-6    Article 7 Use-Specific Regulations  B. Lots of 20,000 sf to 29,999 sf: two hens C. Lots of 30,000-39,999 sf: three hens  D. Lots of 40,000 sf and larger: one hen per 10,000 sf ofl lot area  7.10.02 Roosters are prohibited.  7.10.03 Chickens, coops and runs may be kept only in the established rear yard. Except when under the personal control of the resident, chickens must be confined within a coop or run at all times. 7.10.04 Coops and runs are subject to accessory structure setback requirements. No structure for the keeping of chickens may be located within 501 ft oft the nearest dwelling other than that of the owner. 7.10.05 The activity and associated structures must be maintained in a condition such that no odors or noises are produced that create a nuisance for adjoining properties. Coops, runs and yard areas must be cleaned regularly to prevent accumulation of waste that will produce nuisance odor. 7.10.06 In the event of an odor, noise or other nuisance complaint, the Code Compliance or Animal Control Officer will inspect the premises and issue a violation accordingly. Violations are subject to penalties  as provided in $13.07 Penalties and Remedies.  $7.11. Keeping of Honeybees 7.11.01 Approval Requirements  A. The keeping of honeybees may only be conducted by the person or entity owning or leasing the B. Keeping of honeybees may only be permitted on lots of at least 14,000 sfi in area and requires approval from the Board of Adjustment in accordance with 512.06 Special Exceptions. All apiaries and colony numbers must be approved by the Board before any colonies are maintained, kept or Ther requirements oft this Ordinance must be observed regardless of whether there is an existing or subsequent use, from which apiaries must be separated, adjoining the subject property. For example, ifa dwelling is later established on adjoining property, which causes the apiary to be closer toi the new dwelling than permitted, the apiary must be removed or relocated as necessaryto D. Apiaries must comply with all applicable state and federal regulations and laws.  subject property.  harbored.  comply with this Section.  E.N Nothing in this Section is intended to override or otherwise allow the keeping of honeybees on any real property where deeds, covenants or other private restrictions prohibit the keeping of  honeybees. 7.11.02 Genetic Stock  A. Only strains of known European origins to comprise colonies of honeybees may be used. No other B. Once Africanized honeybees have been confirmed by a recognized authority as inhabiting any area of Alabama, beekeepers must re-queen their colonies annually with queens of known European origin. Queen stock must be obtained from a reputable queen breeder who produces queens from European stock and is not under federal quarantine. Honeybees may not be obtained from areas Receipts of purchases of honeybees, including, but not limited to, queens must be kept and produced upon request by the enforcement authority. At all times said records and the real property  types of honeybees may be kept.  where Africanized honeybees are found or exist.  7-7    must remain open for inspection by the Code Enforcement Department, which has the right, but not  the obligation, to make such inspections.  7.11.03 Additional Requirements  A. The keeping of honeybees must be: separated by at least 100 ft from any dwelling, other than that of the beekeeper, and atl least 3001 ft from any school, place of worship, hospital, public building, park, B. Colony density. The number of bee colonies that may be kept on real property may not exceed the following, as approved by the Board of Adjustment, which may adjust the number of colonies based  playground or swimming pool.  on the circumstances oft the request: (1) Lots of 14,000 sf up to one acre: four colonies (2) Residentialy-zoned lots greater than one acre: six colonies (4) Agriculturally-zoned lots of two acres or more: eight colonies Colonies must be set back at least 25 ft from the nearest lot lines.  (3) Agriculturally-zoned lots greater than one acre but less than two acres: six colonies  D. Colonies must be placed behind a solid fence or flyway, meaning a permanent vertical, solid structure made of common building materials that augments a honeybee's flight path at least six feet in height that is parallel to the property line and extends at least six feet beyond the colonies in each E.Aconvenient: source of water must be provided and available at all times, especially when colonies F. Should honeybees swarm onto any property within 1000 ft of the subject property, the beekeeper must retrieve said swarm, provided permission is obtained from the property owner where the G. Honey may not be sold or offered for sale in any residential zone without approval as al home H. Signage must be maintained on their property clearly visible from the public right of way fronting the Int the event of any change in use or subdivision of a property on which honeybees are kept, either the new use or lot must meet the requirements herein or the colonies removed or relocation as  direction. Alli flyways must be forced over a minimum of sixi feet levels. are actively rearing brood, and in times of extreme heat.  swarm is located. occupation.  subject property stating "Honey Bees Kept Outdoors Here."  necessary to comply with Section.  7.11.04 Nuisance. The keeping or harboring of colonies of bees in a manner that would render the  enjoyment of life or property uncomfortable to others, or interfere with the public health, safety and general welfare is deemed a nuisance and a violation of this Ordinance subject to $13.07 Penalties  and Remedies. 7.11.05 Penalties  A. Any person violating any provision of this Section is guilty of a misdemeanor and will, upon conviction thereof, be punished pursuant to section 11 of the Code of Ordinances for the City, and will be adjudicated by the municipal court or other court of competent jurisdiction. B. In addition to and cumulative of all other penalties, the City has the right to seek injunctive relief for  any or all violations of this Section.  7-8    Article 7 Use-Specific Regulations  $7.12. Mini-warehouses  7.12.01 The use ofs storage compartments is limited to the storage of personal property. However, this does not preclude periodic auctions held ont the premises to dispose of abandoned items. 7.12.02 No storage of volatile, toxic or explosive materials is permitted inside a storage structure or on the 7.12.03 Alleys between storage buildings must be wide enough to allow two cars to pass each other. 7.12.04 Any outdoor storage must be screened from public view and from adjoining properties as required in  premises.  $10.02 Screening. $7.13. Multifamily Development  7.13.01 Multifamily developments with buildings containing five or more dwelling units are subject to the following standards. Any multifamily development involving subdivision or resubdivision requires Development Plan approval (see $13.03) by the Commission to assure that the layout of buildings, open spaces, circulation, drainage andi infrastructure is in harmony with the equivalent standards of  the City Subdivision Regulations. 7.13.02 Site Development Standards  A. The arrangement of buildings, open spaces, parking areas and drives must be suitable to existing B. Buildings must bes spaced no less than the sum oft their lengths divided by three ((A+B)/3), or 90ft whichever is less (see Figure 7-1). In no case may buildings be placed closer together than 20ft. Building spacing is measured perpendicularly from the longer of thet two building walls at the closest  topographyt to avoid extensive grading.  point between them.  B  X=( (A+B/3) or 90ft A=1 length of building wall B=l length of opposing building wall  Figure 7-1: Minimum Building Spacing  . - Multifamily buildings may not be surrounded on all sides by parking and driveways. On at least one side of each multifamily building, there must be an open space of atl least 401 ft in depth, another  building or the property boundary. D. Parking and Driveways  (1) Common and individual garages, if provided, must be oriented sO that the garage doors do not (2) Boats and recreational vehicles may not encroach into required parking and may not be kept  face public street views. forward of the front building line.  7-9    (3) The number and location of access points to a public street must be as required by the City . Open Space. For the purposes of this section, "improved open space" means open space created or modified for resident use, including but not limited to parks, playgrounds, swimming pools, ball (1) At least 20% oft the site must be permanently reserved as open space. All common open spaces and recreational areas must be well maintained in as safe and orderly condition. (2) At least 50% of the required open space must bei improved and maintained as open space for the use of residents and guests. Improved open spaces should be consolidated into one or at few central locations to assure accessibility and usability and must be oriented to receive adequate (3) Required setback and buffer areas do not count toward open space requirements. Spaces must be large enough to support leisure and recreational activity; no dimension may be less than 15ft. Gazebos, pavilions and similar open structures for the use of residents are permitted ini improved (4) Improved open space must be graded and sodded, at a minimum, to accommodate use by F. Stormwater Management. Stormwater retention or detention facilities should be integrated into the design of parking areas and open spaces as landscape amenities. Stormwater facilities located within an open space may be counted as improved open space if designed sO that it need not be fenced and G. Service, Loading and' Waste Collection. Each development must be provided with service areas for waste collection. Each: such area must be located away from public views but accessible to residents  Building and Fire Codes.  fields, plazas, landscaped common areas.  sunlight.  open spaces.  residents, and must be adequately drained to prevent ponding.  isa appropriately landscaped as an amenity.  and to vehicles for collection purposes and paved with concrete.  H. Fire Protection  (1) No portion of any building may be located farther from ai fire hydrant than may be reached with (2) Every multifamily building must be accessible to fire trucks and equipment as approved by the  500ft ofhose. Fire Department. Pedestrian Access Standards  (1) Walkways must connect the pedestrian circulation system to adjacent public streets. (2) Ifnot already provided, a publicly accessible sidewalk at least three feet wide must be provided (3) Walkways must connect the main entrances of alll buildings. For buildings fronting on a public street, a public sidewalk may be counted toward this standard. Walkways must be provided that connect building entrances to parking areas and common areas and facilities. Traffic Impact Study and Plan. A traffic impact study and plan, prepared by a Traffic Engineer, may be required as part of Development Plan review. In such cases the study must be prepared in accordance with generally accepted standards for traffic studies and must show the effect that traffic generated will have on the area adjacent to and near the site. The study must make recommendations with respect to what additional traffic controls will be needed adjacent to or near the site. The developer must pay the cost of any such signals and/or devices if required.  along all public street frontages.  7-10    Article 7 Use-Specific Regulations  K. Multifamily developments may not be later subdivided unless the resulting properties each meet all requirements oft this Section, $3.10 Common Open Spaces and Facilities and all other applicable 7.13.03 Applicability to Existing Development. If ane existing multifamily building, which does not conform to thes standards ini this $7.13, is damaged or destroyed, the Zoning Official may permit the building to ber rebuilt without requiring it or its site to be made to conform to such standards, provided, however, that the building conforms tot the Building Code in effect at the time of its reconstruction. The building may be rebuilt provided all other existing buildings in the development conform with the existing property maintenance code and no public nuisances exist at the time of construction.  requirements of this Ordinance and the City Subdivision Regulations.  $7.14. Recreational Vehicle Parks and Campgrounds 7.14.01 Park and Campground Standards A. Minimum tract size: five acres B. Minimum street frontage:100ft  Allstructures, camp sites and RV spaces must be set back at least 35 ft from all property lines. D. Nor recreational vehicle may be occupied by a person or family for more than 31 consecutive days. However, the Zoning Official may authorize longer occupancies for seasonal workers and military personnel upon receipt ofs sufficient evidence of seasonal employment or military status, as E. Perimeter landscaping must be provided on all sides ofa a recreational vehicle park as required for F.A Atl least 5,000: sf for the first 20 RV: spaces plus 150 sft for each additional RV space must be provided  applicable.  freestanding parking lot (see $10.04 Vehicular Area Landscaping).  forr recreational use of park occupants.  7.14.02 Standards for RV Spaces  A. Each RV: space must be at least 500: sfi in area. Spaces for non-motorized recreational vehicles must bel large enough fort the RV and the passenger vehicle pulling it unless parking is provided for the  passenger vehicle elsewhere on site.  B. Only one recreational vehicle may be located in each RV space.  C. Spaces must be designed top provide at least 201 ft separation between RVs in adjoining spaces. A. At least one parking space must be provided for each camp site plus one parking space per employee. Parking spaces are not required to be paved but must be graded and surfaced as B. All RV spaces and all parking, sanitary, recreation and other common facilities must be accessed from . Vehicular drives must ber maintained by the park owner or operator and open for access at all times D. Vehicular drives must be surfaced with asphalt, crushed rock or other suitable, dustless material approved by the Zoning Official. Vehicular drives must be at least 12 ft wide for one-way traffic and  7.14.03 Parking and Access  approved byt the Building Official.  an internal vehicular drive designed to accommodate recreational vehicles.  toe emergency vehicles.  22 ft wide for two-way traffic.  7-11    7.14.04 Lighting. All vehicular drives and walkways providing access to restrooms and campground office  must be adequately lighted for safety.  7.14.05 Sanitation  A. The following facilities must be provided, at a minimum, for the use of park occupants: two toilets and lavatories for each 15 camp sites and RV: spaces or fraction thereof not provided with a water B. For any RV spaces not provided with drain inlets for discharge of toilets, dump stations designed to receive discharge of sewage holding tanks must be provided. Such stations must be set back at least C. Two-cubic yard or larger waste containers must be located within 3001 ft of every RV space. Alternatively, the Zoning Official may approve the use ofi individual waste containers for each RV space provided the park operator provides for regular waste pickup from RVS spaces. D. Dump stations and two-cubic yard and larger waste containers may not be closer than 301 ft to any property line and must bes screened in accordance with 510.02 Screening.  connection, two shower facilities and a washer and dryer.  1001 ft from all camp sites and RV: spaces.  7.14.06 Storm Shelter  A. Every Recreational Vehicle Park of ten or more RV: spaces must be provided with storm shelter, which must have a minimum floor area of seven square feet for each RV space. However, the Zoning Official may waive storm shelter requirements if the RV parki is within one-half mile ofap public storm shelter. In: such case, signage must be posted and maintained in one or more conspicuous locations B. Storm shelters must be designed and constructed to meet all applicable City codes, ADA: standards, and Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter isi in . The park owner or their designated agent is responsible for making the storm shelter accessible and usable int times ofr need. Required storm shelters may not be used for storage if such use reduces the D. For any addition oft ten or more RV spaces to any existing park, a storm shelter that complies with the requirements oft this section must be provided to serve such additional spaces. For any addition of fewer than ten RV spaces to an existing park there is no requirement that shelter be provided to serve such additional spaces. However, when two or more: such additions result in a cumulative addition oft ten or more RV spaces, a storm shelter which complies with these requirements must be E. Any park oft ten or more RV spaces which has an existing storm: shelter, as oft the effective date of the ordinance, which does not conform to the requirements of this section is considered nonconforming and may continue to exist as long as said existing shelter remains in place and usable; provided, however, any RV spaces added to such community after such effective date require storm shelters as  providing directions to the public shelter.  af flood plain.  floor area available for shelter below these requirements.  provided.  provided herein.  $7.15. Telecommunication Towers  7.15.01 Definitions. As usedi ini this Section, the following words and terms have the meanings as defined A. ANTENNA. An electromagnetic device which conducts radio, cellular or other communication signals to or from at transmitter or receiver. ANTENNA includes devices commonly referred to as "whips",  herein:  7-12    Article7Use-Specific Regulations  "panels" and "parabolic dishes" but does not include antennae for receiving only ofr radio or B. CO-LOCATION SITE. Land on which the antennae and related equipment of more than one party are D.E EQUIPMENT. All equipment and facilities used in conjunction with one or more towers and/or antennae, including, but not limited to, electronic systems, generators, fuel tanks and fuel. E. MONOPOLE. Any self-supporting pole designed to support an antenna; provided, that the word "monopole" does not include al latticed steel or metal tower, a tower which requires guy wires for support orat tower which has more than one source of support, such as a tower with more than one F. RESIDENTIAL PROPERTY. Any land located in al Residential District and any property used exclusively for G. TOWER. Any telecommunication monopole including those used for microwave, cellular or personal communication service systems and any other telecommunication: systems now or hereafter in use. "Tower" includes anytelecommunication tower installed or constructed within the City prior to the effective date of this Ordinance, regardless of whether such tower is a monopole or another type of H. TOWERCOMPOUND. A parcel of land or a building on which Communication Facilities are located. 7.15.02 Required Approvals. No party may construct a tower or tower compound until after Special Exception approval, if required, and a Building Permit has been granted. The installation of an antenna on an existing tower is subject only to approval of the Zoning Official unless the tower compound is to be enlarged or there is a change in the size or location of the existing tower. 7.15.03 Applicability. All towers, antennae and equipment constructed or installed after the effective date of this Ordinance and any changes or additions to any tower or antenna in existence before the effective date of this Ordinance are subject to this Section. A tower proposed to be built onaco- location site is subject to the same requirements and conditions as all other towers. Routine maintenance of, and repairs to, the communication facilities, may be performed without City approval, though a permit may be required if applicable to the nature of the maintenance or repair  television signals. located.  COMMUNICATION FACILITIES. Towers, antennae and equipment, collectively.  leg.  residential purposes in a Planned Residential District.  tower.  activity.  7.15.04 Public hearing. Where Special Exception approval is required, the Board of Adjustments will holda 7.15.05 Co-location. A new tower may not be constructed if space is available, on an economically  public hearing on each application for the construction of a tower.  reasonable basis, on an existing tower which is able to support the proposed antenna. An affidavit that reasonable effort has been made by the applicant to locate the proposed antenna on an existing tower must be submitted with the application for the construction of a new tower. Each tower must be designed to accommodate additional antennae to the fullest extent practicable. 7.15.06 Review Criteria. In considering whether to permit communication facilities, the approving authority will consider the following public health, safety, and general welfare criteria: A. Towers must comply with wind-load and other structural standards of applicable building and techniçal codes, and the electronic industries associations code. B. To the extent practicable, towers and tower compounds must be designed, through the use of building materials, colors, textures, screening and landscaping, SO that their appearance is  compatible with their surroundings.  7-13    C.A Allo communication facilities must comply with all applicable rules, regulations and requirements of the governmental agencies havingi jurisdiction over them. The approving authority may require the  applicant provide evidence ofs such compliance.  7.15.07 Development Criteria. The approving authority may waive any one or more of the following requirements ift the circumstances int the particular case justify such waiver. A. All towers must receive FAA approval and comply with height restrictions when in flight path of aircraft associated with the municipal airport or any Fort Novosel flight operation. C. Each tower compound must be large enough to provide room fora a structure to contain the D. Not tower may be closer than 200ftt to the boundary line of any residential property. Ift the land on which at tower compound is located, and alll land which abuts the tower compound, isi ina nonresidential zoning district, the tower may not be closer than! 50ftt to the nearest property line. These setbacks may be reduced in exceptional cases where, due to unusual topographic conditions, the enforcement of the: setback requirements would result in unnecessary hardship; provided that thes setback may not be reduced to less than the minimum setback required in the applicable district and that the reduction oft the setback requirements may not be contrary to the health, safety and E. Material finishes and colors should be used that reduce the visibility oft the tower. F. No signs may be attached to or depicted on at tower at al height more than 20f ft above grade level. G. Towers may not bei illuminated except for warning beacons and as provided herein. Lights for security and maintenance purposes may bei installed on structures which contain equipment. Such light must be pointed downward from al height of not moret than 10ft and may not exceeda H. Eachi tower compound must be secured by a dark colored, vinyl-coated or galvanized steel chain link security fence or masonry wall or combination thereof, at least eight feet in height. All tower compounds must be surrounded by landscaping to screen the view of the tower compound from adjacent public ways and residential property, which must consist ofa al landscaped: strip, at least four feeti in depth, located outside of the security fence and planted with a combination of trees, shrubs, vines, and/or ground covers. All fences, walls and landscaping must be kept in good condition. Ini isolated, nonresidential areas, alternative landscaping methods may be permitted on the condition that ift the areas surrounding such tower compound become developed, the City may require the owner of thet tower compound to comply with the requirements herein. Existing mature tree growth and natural landforms must be preserved to the maximum extent practicable. In some cases, such as tower compounds located on large, wooded lots, preservation of natural growth around thet tower compound may be considered by the approving authorityi in K.A Al parking area and driveway of asphalt, concrete or other all-weather surface approved by the Zoning Official must be provided for each tower compound for service access and for access by  B. Allt towers must be monopoles.  equipment for atl least one additional antenna.  general welfare oft the public.  maximum of 150 watts.  determining buffer requirements.  emergency: services.  7.15.08 Removal of Unused' Towers. Anyt tower which is no longer in use for its permitted purpose must be removed at the owner's expense. Within ten working days ofs sending notice to the FCC of the intent oft the owner to cease use oft thet tower, the owner must provide the Zoning Official with such notice. The owner must remove the tower and all communication facilities used in connection with it within  7-14    Article 7 Use-Specific Regulations  180 calendar days from the day the tower ceases to be used or as required by the FCC. If the owner does not remove the tower from the tower compound within the required time period, the property owner, if different from the tower owner, must remove it within 180 calendar days of receiving written notice from the City. If the tower is not removed within the time prescribed, the City may remove the tower and may recover the cost of doing sO from the tower owner and/or the property A: shared tower may continue provided it is in use by at least one party. Any party who ceases to use ashared tower must remove its antenna from the tower and its equipment from the tower compound within 90 calendar days after it ceases to use the tower, or as prescribed by the FCC, sO  owner.  that the tower and compound will be available for use by another party. on an existing tower compound, must include the following:  7.15.09 Application. Applications to construct a new tower or to install an antenna or additional equipment A. Name and address of the party responsible for maintenance and repair of the communication facilities. Ifa different person becomes responsible for maintenance andi repair, the owner of the  tower must give the City written notice of the person's name and address. B. Names and addresses of all owners of property adjoining the subject property  Awritten statement concerning the steps the applicant has taken to comply with all applicable rules, regulations, and requirements concerning health and: safety matters related to the proposed D. Asite plan scaled to not less than one-inch equals 50 ft, showing the location and dimensions of the subject property, setback lines, driveways, parking areas, fencing, landscaping, and generators and  communication facilities.  the location, size and type of anyf fuel tanks. The site plan must also show: (1) all parcels located within! 500f ft of the tower compound  (2) zoning classification of the property and of all parcels adjoining the subject property, including (3) the latitude, longitude, section, township, range, tax parcel identification number, street address (4) such other information as may be required by the approving authority to determine compliance E. Elevation views: a silhouette and elevation view of the proposed or existing tower, as applicable, all other communication facilities, and the tower compound, describing colors and materials to be used for the communication facilities and any fencing or walls. The configuration of proposed antenna arrays must be shown on the silhouette. The proposed location of future, additional antenna arrays F. Frequency band and wattage: The frequency band and maximum wattage of proposed  any in an adjoining municipality  and the site identification number oft the proposed tower compound.  with this Section.  must be shown on the silhouette by dashed lines.  communication facilities.  G. The estimated life oft thei tower, the antenna and the equipment.  H. Affidavit: An affidavit of the applicant stating that: 1) there is no existing tower from which the area tol be served from the proposed new tower can be served; or 2) the applicant has made good faith efforts to have its antenna installed on an existing or proposed tower (from which the area proposed to be served by the new tower could be served) and has been unable to do so and givingawritten  narrative of the efforts made to use such existing or proposed tower.  7-15    Certification of Shared Use Design. Ift thet tower to be used is one on which there is already one or more antennae, the application must be accompanied by a certification by an engineer that the toweri is able to accommodate the proposed antennal in as safe and functional manner. 7.15.10 Foundation Survey, As-Built Certification. After the foundation for at tower is poured, af foundation survey, prepared by a surveyor, showing thel location of the foundation, must bei furnished to the Zoning Officer, and no further work may be done with respect tot the construction of the tower until the Zoning Officer has approved thet foundation. Upon completion of work, the tower and antenna or the antenna, as the case may be, may not be puti into operation until a qualified engineer furnishes the City written certification that such construction or installation was completed in accordance with  the plans approved by the city.  $7.16. Temporary! Uses  7.16.01 Authorization, Exemptions. Temporary uses are permitted only as expressly provided fori int this A. Merchandise for sale occupying a permanent, outdoor display area used in conjunction witha B. Merchandise located in at temporary display area' which does not occupy required parking spaces, driveway aisles or required landscaping areas, andi for which customers must enter a permanent  Section. The following are exempt from the provisions oft this Section:  permanent business  business on1 the same lot to make a purchase.  7.16.02 Permit required. Allt temporary uses require at temporary use permit unless specifically exempted A. Applications for a permit are made on forms provided by the Zoning Official. If deemed necessary by the Zoning Official due to the size, potential impact and duration of the temporary use, applications B. Ifnot the property owner, the applicant must present a notarized letter from the owner. granting Afee covering the cost of reviewing the application, issuing the permit andi inspecting the site must bes submitted with the application. Permit fees arei in addition to any required bonds. Fees are  herein.  musti include a site plan as specified in the Appendix. permission for use of the property.  waived for fundraising events held by nonprofit organizations.  7.16.03 General provisions  A. Temporarycommercial uses are permitted onlyi in nonresidential and agricultural zoning districts, B. Sanitary facilities must be provided if permanent facilities are not available on premises. The applicant must provide parking for the patrons of the temporary use. Iti is the responsibility of the applicant to guide patrons to approved parking andt top prevent unlawful parking. D. Anyt traffic control specifically required byt the Police Department is the responsibility of the E. The site must be cleared of all debris by the expiration of the permit. Anyt temporary structures must be removed within seven days of the expiration of the permit, however, an exception may be granted byt the Zoning Official for produce sales structures. The City may require a cash bond in an amount adequate to ensure that the: site is cleared of all debris after the close oft the temporary use. Instead ofa al bond, the applicant may present a signed contract with a waste disposal company, which  unless otherwise specified int this Section.  applicant.  must bei included with the permit application.  F. Serving of alcoholic beverages is not allowed except by permit from the City Council.  7-16    Article 7Use-Specific Regulations  7.16.04 Permitted temporary uses. The following are permitted subject to the criteria provided. The Fire  Marshal and Zoning Official must inspect all uses before occupancy. (1) Permitted in INST,B-1, B-2 and B-3 Districts only. (2) Maximum length of permit is 30 days. (3) Signs are permitted as follows:  A. Carnival or circus  (i) Total area of all signage directed toward public streets may not exceed 100s sf.  (ii) Signs must be set back at least 201 fti from alll lotl lines. (ii) No more than one freestanding signi is permitted. (4) Hours of operation are limited to between 10 a.m. and 11 p.m. (1) Permitted in nonresidential and agricultural districts. (2) Maximum length of permit is 45 days. (3) Signs are permitted as follows:  B. Christmas Tree Sales  () Total area of all signage directed toward public streets may not exceed 100sf.  (ii) Signs must be: set back at least 20f ft from alll lot lines. (ili) No more than one freestanding: signi is permitted. (4) Hours of operation are limited to between 10 a.m. and 10 p.m. . Contractor's office and construction equipment sheds (2) Maximum length of permit is one year.  (1) Permitted in any district where use isi incidental to construction project ont the same property. (3) Must be removed no more than five days after issuance oft the Certificate of Occupancy. (4) Signs are permitted in conjunction with construction project as specifiedi in Article 9. (1) Permitted events: outdoor concerts, auctions, athletic events, street fairs and associated (2) Permitted in alll business and institutional districts and property owned by the City, County Commission or any public or private school or place of worship. (3) Signs are permitted, in addition to any existing permanent signage, as follows: (i) Total area of alls signs posted at the entrance may not exceed 200: sf, with no one: sign  D. Events of Public Interest  concessions, and other similar events.  greater than 100sf.  (ii) No more than one freestanding signi is permitted. E.P Public fundraising events by nonprofit organizations nonresidential usei in a residential district. nonprofit organizations to raise tax exempt funds. (3) No activities or signs may bel located int the public right-of-way.  (1) Permitted onlyi in nonresidential districts, unless conducted in conjunction with an approved (2) Permitted events: car washes, bake sales, fruit sales, and similar activities conducted by  7-17    F. Real estate: sales office  (1) Permitted in any district when used in conjunction with an approved subdivision, whether residential or nonresidential. The office may not contain any sleeping or cooking accommodations. Ar model home may serve as at temporary office but may not be occupied asa (2) Maximum length of permit is one year or until all lots int the subdivision are developed; (3) Only signs permitted in Article 9 may be displayed in conjunction with the office. (1) Permitted in nonresidential and agricultural districts. Permitted in residential districts asa  dwelling while being used as an office. whichever expires first.  G. Tent Assembly  Special Exception (see $12.06). (2) Maximum length of permit is 15 days. (3) Signs are permitted as follows:  () Total area of all signage directed toward public streets may not exceed 100s sf.  (ii) Signs must bes set back at least 20 ft from alll lot lines. (i) No more than one freestanding sign is permitted. (1) Permitted in business, industrial and agricultural  H. Seasonal sale of farm produce  (2) One six-month permit may be issued during each twelve-month period.  (3) Sales areas, including produce stands, vehicles used as stands, and sheds, may encompass no more than 200 sf. Sales areas must be set back at least 201 ft from alll lot lines. Entrances and exits must be at least 50f ft from the nearest intersection, measured from the intersection ofr rights of  way. This does not apply to previously approved driveways.  (4) Signs are permitted as follows:  (i) Total area of all: signage directed toward public streets may not exceed 50s sf.  (i) No more than one freestanding signi is permitted.  - Temporary storage containers (1) Permitted in all districts. (2) No permit is required. on-site parking or circulation.  (3) Containers must be kept within the property and may not be placed in any way that obstructs (4) Containers may only be kept on premises for 30 consecutive days; however, the Zoning Official  may authorize an extension of up to 30 days upon request  $7.17.Townhouses  7.17.01 Thet following general requirements will applyt to allt townhouse dwellings:  A. Anyt townhouse development involving subdivision or resubdivision requires Development Plan approval (see $13.03) by the Commission to assure that the layout of buildings, open spaces, circulation, drainage and infrastructure is in harmony with the equivalent standards oft the City  Subdivision Regulations.  B. - Nor more than ten townhouses may be attached to one another.  7-18    Article 7 Use-Specific Regulations  C. As side yard setback of at least tent feet is required on the lots at both ends ofa a group of attached D. Eachi townhouse must have its owny yard containing at least 400 sf, exclusive of paved parking space, E. No off-street parking space may be more than 1001 ft by the most direct pedestrian route from a door F. Attached townhouses must bes separated from each other by a fire and noise reduction partition wall G.C Common open spaces and facilities, when provided, must comply with $3.10 Common Open Spaces H. Waste collection and resident access to any common waste collection facilities must be properly integrated into the development plan. Common waste collection areas may not be located forward Maintenance easements must be provided along shared lot lines of attached townhouses. Other  townhouses.  reasonably secluded from view from streets and from neighboring property.  oft the dwelling unit iti is intended to serve. which complies with the City Building and Fire Codes.  and Facilities.  of thet front building line.  access easements may also be required based on the site arrangement. 7.17.02 Thet following specific requirements apply to detached townhouses only.  A. Each detached townhouse must have one side yard of at least ten feet, the other side yard may be as little as zero feet, with each lot containing at least 2,400 sfa and a minimum lot width of 241 ft. Each lot must have oney yard containing at least 600: sf, exclusive of paved parking space, reasonably secluded B. When a detached townhouse with a zero lot line is included in a townhouse complex, the lot adjacent tot the zero: setback: side must be under the same ownership at the time of initial construction so that there will be no infringement on the property rights of owners of adjoining property. A1 five-foot easement for water drainage and wall maintenance must be established on the yard adjacent to the zero setback, which must be shown on the plat and included ini the restrictions and covenants for the development. Fences and walls may be located on or along this easement provided gates and other openings are provided sO as not to block local lot drainage or wall access. (1) Project over the zero lot line, except that roof overhang may penetrate the drainage and maintenance easement on the adjacent property a maximum of 30 inches, provided the roof shall be sO designed so that water runoff: shall be restrictedi to the drainage easement area.  from view from streets and from neighboring property.  C. Each detached townhouse constructed on a: zero lot line may not:  (2) Have windows, doors or other openings on1 the zero side.  7-19    This page intentionally left blank.  7-20    Article 81 Parking and Loading  ARTICLE 8: PARKING AND LOADING Terms used int this Article have the following meanings:  $8.01. Definitions  8.01.01 EMPLOYEE. The maximum number of persons employed att the facility regardless of the time period during which this occurs or whether the persons are full-time employees. The major shift may be a particular day of the week or al lunch or dinner periodi in the case ofar restaurant. 8.01.02 LOADING AREA. That area used to satisfy the requirements of this Ordinance for truck loading and 8.01.03 OCCUPANCY LOAD. The maximum number of persons, which may be accommodated by the use as 8.01.04 PARKING AISLE. That portion oft the parking area consisting ofl lanes providing access to parking spaces. 8.01.05 PARKING AREA. An improved area on al lot exclusively used or designed for use asatemporarystorage area for motor vehicles, containing access driveways, parking aisles and parkingspaces. 8.01.06 STACKING SPACE. An off-street space for thet temporary: stacking of vehicles with an aisle intended to serve a drive-in teller, take-out food window, dry cleaning/laundry pick-up and similar functions.  unloading.  determined byi its design or byf fire code: standards.  $8.02. Parking Required  8.02.01 Off-street parking must be provided as specifiedi in Table 8-1. When the requirement is notr readily determinable, the Zoning Officer determines parking requirements usingt the table as aguide. When calculating the number of required spaces, any fraction is rounded up to the nearest whole number. 8.02.02 No off-street parking spaces are required for nonresidential uses ini the B-2 Downtown Business 8.02.03 Each application for zoning approval must include the location, dimensions and number of off-street parking spaces and the means of access from citys streets. This information must bei in sufficient detail to allow an accurate determination of whether the requirements of this Article will be met. Zoning approval for the use of any structure or land where off-street parking space is required will be 8.02.04 Except as provided for shared parking facilities in $8.02.05, no off-street parking required for a use or structure may, during its life,! be occupied by or counted as off-street parking for another use or 8.02.05 Shared parking. Aj joint parking area may contain required parking spaces for more than one use,  District, except for Assembly and Educational occupancy type buildings.  withheld until the provisions oft the Article are fully met.  structure.  provided the combined number of spaces complies with the parking for all uses. However, ift the uses have different parking demand periods, the total parking requirement is calculated using Table 8-2. In such case, the minimum parking requirement is based, on the time period with the highest total additional parking must be provided to meet thet total requirements oft the enlarged, expanded or changed use. Ifiti is not practicable to meet the full requirement, the Zoning Official may approvea a reduction of 10%. Ar reduction ofr more than 10% of the parking requirement may only be approved  parking demand.  8.02.06 Ifany structures or uses are enlarged, expanded or changed to a use requiring more parking,  by the Board as a Special Exception.  8-1    $8.03. Location  Required off-street parking facilities must be located on the same lot as the structure or use served. If required parking spaces cannot reasonably be provided on the same premises, remote parking within 400 ft may be permitted by a Special Exception. Legal documentation must show that the applicant has the right to the remote parking spaces. The owner oft the remote parking premises must enter into a written agreement with enforcement running to the City providing that the remote parking property may not be sold or developed until parking requirements for the use identified in the agreement have otherwise been met. The agreement  may be voided ift the remote parking is no longer required.  Table 8-1 Required Off-Street Parking Spaces by Use  Agricultural Uses Farm Farm Stand Farm Support Business Stable Residential Uses Accessory Dwelling Boarding House Duplex, Triplex, Quadplex Independent Living Facility Manufactured or Tiny Home Multifamily Dwellings Single-family Dwelling, Attached Single-family Dwelling, Detached Institutional Uses Assisted Living Facility Community Center Community Service Club Country Club Day Care Center1 Group Care Home Hospital Library Nursing Care Facility Place of Worship or Assembly 2 Public Facility Public Service Use Residential Substance Abuse Treatment Facility  1 per 1.5 employees 1 per 350sfo of retail floor area GFA, whichever is greater  1p per 1.5 employees, plus 1 per company vehicle, or 1 per 750sfof 1p per 4 persons of occupancy load plus 1 per 1.5 employees 1 per boarding room plus 1 for the resident manager 1p per 2 DUS plus 1 space per employee 1p per studio or 1-BR unit; 1.5 per 2-BR unit; 2.0 per 3+ BR unit; plus 2 visitor spaces per 10 dwelling units 2 per DU plus 2 visitor spaces per 10 attached dwellingsl  1p per DU 2 per DU 2p per home  2 per DU  Visitor parking spaces may be provided on-street subject to Preliminary Plat approval by the Commission.  1 per 4 residents plus 1 per employee 1 per 400sfo ofGFA 1 per 4 persons of occupancy load 1 per 4 persons of occupancy load enrolled of occupancy! load 1p per 4 beds plus 1 per employee employee 1 per 500: sf ofGFA 1 per 4 beds plus 1 per employee 1 per 4 persons of occupancy load 1 per 400sfofGFA 1 per employee, plus 1 per company vehicle 1 per 41 beds plus 1 per employee  1p per employee, plus 1 stacking or parking space per 12 persons 1 per patient bed plus 1 per emergency room bed plus 1 per  8-2    Article 8 Parking and Loading  Table 8-1 Required Off-Street Parking Spaces by Use  School, College or University Public Private School, Elementary or Junior High/Middle School, High Commercial Uses Automobile Parts Store Automobile Rental Establishment Automobile Repair Service Automobile Sales and Service Bank (drive-through only) Barber, Beauty Shop or Nail Salon Bed and Breakfast Bowling Alley Business Support Service Call Center, Telemarketing Office Car Wash (self-service) Clinic, Medical or Dental Commercial School Contractor Storage Yard Dry Cleaning Pick-Up Funeral Home Furniture or Carpet Store Gas Station / Convenience Store specified) Indoor Recreation (not otherwise specified) Junkyard Home Improvement or Appliance Store Hotel or Motel Kennel Laundromat  Subject to Commission approval (see 513.06 Statutory Review) 1per 3 employees plus 1 per 10 students residing on campus plus1 1 per 5 students not residing on campus 1 per classroom, plus either 1 per employee or 1 per 4: seats in the main assembly space (whichever is greater) 1 per 8 students of occupancy load, plus either 1 space per classroom or1 per 4: seats in the main assembly space (whichever is greater)  1 per 400 sf of GFA plus 1 per employee 1 per 400 sf of GFA plus 1 per rental vehicle  1 per employee plus 2 stacking spaces per service bay plus 1 per 1 per 500 sf of interior sales and office area plus 1 per 4,000sfo of outdoor display area plus 1 stacking space per service bay 1 per 350sfo of GFA plus 4: stacking spaces per drive-through lane 1 per 2 employees plus 4 stacking spaces per drive-through lane  company vehicle  Bank  1.5 per chair 1 per guest room plus 2 spaces 2 per bowling lane 1 per 750 sfo ofGFA  1 per 150sfof GFA or: 1 per employee, whichever is greater  Car Wash (full service or automated) 1 per employee plus 4: stacking spaces per wash bay  1stacking space per wash bay 5 per practitioner  1 per 3 students of occupancy load plus 1 per employee 1 per 250: sf of office space; plus 1 space per 1,000 sf of indoor storage area; plus 1 space per 2,000 sf of outdoor storage area 1 per1 1 employee plus 1 per 4: seats of occupancy load plus 1 per 1p per 250: sf of GFA plus 1 stacking space per fuel island  1 per 300: sfof GFA company vehicle 1 per 750: sf of GFA ofGFA  Indoor Entertainment (not otherwise 1space per 250 sf of GFA; for uses exceeding 100,000 sf, 1 per 300sf  1p per 4 patrons at occupancy load 1 per 8,000 sf of outdoor storage/displayarea 1 per 500sf of GFA  1 per room plus 1 per employee plus parking for accessory restaurants and lounges at 50% of normal requirements 3s spaces, or: 1 per 500sfo of GFA, whichever is greater  1p per 2 washing machines  8-3    Table 8-1 Required Off-Street Parking Spaces by Use  Liquor Lounges, Dance Halls and Nightclubs Lumberyard  1p per 2 persons at occupancy load or1 1 per 200sfofGFA, whicheveris 1p per 500 sf of GFA, plus 1 space per 1,500 sf of outdoor 1p per 400: sf of GFA, plus 2 spaces per service bay, plus 1 space per 2,500 sf of outdoor display/storage area 5s spaces (adjacent to leasing office, if any)  greater storage/display area  Machinery/Equpment Sales Mini-storage facility Movie Theater Office, business or professional Outdoor Recreation Golf Course Miniature Golf Golf Driving Range Park, upt to 10 acres Park, more than 10 acres Sports field or complex Other Plumbing and Heating Supply Pool Hall Printing and Publishing Plant Radio/Television Station Retail, General Restaurant, Drive-in Restaurant, Drive-thru  1 per 4s seats 1p per 400s sfo of GFA  4s spaces per hole, plus parking shall also be provided for pro shops, dining and other accessory uses at! 50% of normal requirements 1f for first 2 acres plus 1 per additional acre plus parking for any other 5f for first acre plus 1 per additional 10 acres plus parking for any  1p per hole 1 per tee functions other functions 1 per 40sfofseating 1p per 4p persons of occupancy load 1p per 750sfofGFA 2 per 3t tables 1p per 750s sf of GFA 1p per: 1,000 sf of GFA  1p per 300sfo of GFA for tenant spaces upt to 50,000: sf, 1 per 400sfof  GFA for tenant spaces over 50,000 sf 1p per ordering station plus 1 per employee  Restaurant, Take-out or delivery only 1 per employee plus 1 per 350: sf of GFA  1p per 200: sf of GFA plus 5 stacking spaces preceding the order board; 2s stacking spaces from the order board to the service window; and 2 stacking spaces from the service windowi to the public right-of-  way. 1p per 4 seats of occupancy load Refer to $7.14 1f four patrons at occupancy load 1p per 600s sf of display area plus 1 per employee  Restaurant, Standard RV Park or Campgrounds Skating Rink Unenclosed Retail Industrial and Other Uses Airport  Veterinary Hospital, Pet grooming 1p per 300sfofGFA  1 per four aircraft that can be parked or stored at thei facility, whether indoors or outdoors; plus 1 space for each seati in waiting area and restaurants; plus 1 space for each 250s sf of office,  administrative and support areas  Extraction uses  1per employee  8-4    Article 8 Parking and Loading  Table 8-1 Required Off-Street Parking Spaces by Use  General Industry and Manufacturing, 1per 1,000 sf of GFA; or 1 per employee plus 1 per company vehicle,  Research Laboratory and: similar uses Parcel Delivery Service Warehouse  whichever is greater 1 per 750: sf of GFA of office space  Truck Terminal or Distribution Center 1 per truck normally parked on the premises, plus 1 space per 500s sf N Maximum enrollment and number of employees must be noted on the site plan. Pick-up and drop-off spaces must be located sO that there is direct access into the facility without crossing streets or driveways. 2upt to 50% of the required spaces may be grassed rather than paved. All unpaved spaces must be shown on thes site plan and designed for efficient traffic circulation using tire stops and other appropriate measures.  1p per 1 employee plus 1 per company vehicle  Table 8-2: Typical Shared Parking Demand by Use and Time of Day*  Parking Demand by Use Weekday Weekday Weekday Weekend Weekend Weekend  8am-5pm 6pm-12am 12am-6am 8am-5pm 6pm-12am 12am-6am  Residential Office Commercial Lodging Restaurant Entertainment Movie Theater Institutional Place of Worship  60% 100% 90% 70% 70% 40% 40% 100% 10%  100% 20% 80% 100% 100% 100% 80% 20% 5%  100% 5% 5% 100% 10% 10% 10% 5% 5%  80% 5% 100% 70% 70% 80% 80% 10% 100%  100% 5% 70% 100% 100% 100% 100% 10% 50%  100% 5% 5% 100% 20% 50% 10% 5% 5%  * Different parking demands may be used than those shown if documented in a parking demand study.  $8.04. Design Standards accordance with the following:  The design and construction of all parking facilities and access drives must be approved by the Zoning Officer in 8.04.01 All required parking spaces, including driveways and maneuvering areas, shall be improved witha hard surface permanent type of pavement as approved by the Zoning Official. The Zoning Official may permit the use of gravel or similar pervious surface materials for nonresidential uses in agricultural: zones; for overflow parking areas, separate from and in addition to required parking; and in other circumstances where stormwater management is public health and safety concern. 8.04.02 Access to parking facilities may noti interfere with thei free flow of vehicles on city streets nor block or endanger pedestrians or vehicles on sidewalks or streets. Stacking space must be provided off-street, 8.04.03 All off-street parking facilities must be designed sO that access does not require maneuvering in or backing into a public street. This does not apply to off-street parking for single-family and duplex dwellings, unless located on a major street as defined by the City Subdivision Regulations.  if deemed necessary by the Zoning Official to prevent blocking of traffic.  8-5    8.04.04 Parking areas must be arranged and marked in accordance with the dimensional standards in Table 8-3. Parking spaces fors single-family: and duplex dwellings, unless parking is provided in common 8.04.05 Off-street parking areas must be set back at least 251 ft from the centerline of an undedicated public road and as may be required to comply with $10.04 Vehicular Area Landscaping. 8.04.06 Private parking is prohibited int the right-of-way of any public street, road or alley.  parking areas, need not be marked.  Table 8-3: Parking Lot Dimensional Requirements  Stall 9ft 9ft 9ft 9ft 9ft  Stall 22ft 18ft 18ft 18ft 18ft  Stall 9ft 16.8ft 19.1ft 20.1ft 18ft  Curb 22ft 18ft 12.7ft 10.4ft 9ft  Aisle Width (E) 12ft 15ft 15ft 20ft 20ft  Parking Angle 0° 30° 45° 60° 90°  Interlock (F) n/a 3.9ft 3.2ft 2.3ft n/a  Width (A) Length (B) Depth (C) Length (D) One-Way Two-Way  20ft 20ft 20ft 24ft 24ft  Note: For parking lots being redesigned or enlarged on an already developed property, the Zoning Official may authorize a shorter stall lengthi ifg greater widthi is provided or if overhangi is available without encroaching into space required for other purposes. In no case may the required stall length be less than 18f ft.  B/D A/C E  A/D B/C 90° Parking  aisie  AA Angled Parking  Parallel Parking  Angled with interlock  $8.05. Off-street Loading requirements  8.05.01 Allr nonresidential uses must provide and maintain adequate off-street space fort the loading and unloading of materials or goods, as specified in Table 8-4, SO that such operations can be accomplished without encroaching upon or otherwise interfering with the use of public streets, alleys and sidewalks by pedestrians and vehicles. When calculating required loading spaces, a 8.05.02 Ifany uses are enlarged, expanded or changed to a use requiring more loading space, additional loading space must be provided to meet the total requirements of the enlarged, expanded or changed use. Ifiti is not practicable to meet the full requirement, the Zoning Official may approve a reduction of 10%. Ar reduction of more than 10% of the loading requirement may only be approved  fraction is rounded up to the nearest whole number.  by the Board as a Special Exception.  8.05.03 Each off-street loading space must be at least teni feet wide and! 55 ft long, exclusive of maneuvering 8.05.04 Required off-street parking spaces may not be counted toward required loading spaces.  space, with notl less than 141 ft in vertical clearance.  8-6    Article 81 Parking and Loading  8.05.05 Loading space for two or more uses on the same lot may be shared if the amount of space meets the 8.05.06 Except in M-1 and M-2 zones, loading spaces may not bei inar required front yard and must be set 8.05.07 Plans showing required off-street loading must be submitted with any plan approval submission or Building Permit application and must clearly indicate the location, dimensions, clearances and access.  combined requirements ofa all uses to be served. back at least five feet from any property line.  Table 8-4 Loading Space Requirements  Use  Space Required  Retail store, warehouse, wholesale establishment, industrial plant or factory, funeral home, laundry or dry- Auditorium, convention or exhibit hall, hotel, office building, stadium, nursing care facility or similar use  Less than 8,000 sf GFA: no space required unless the approving authority determines that the specific use requires such space  8,001-20,000 sf of GFA:1s space  freight terminal, restaurant, 20,001-60,000: sf GFA:2s spaces  cleaning plant, or similar use Over 60,000 sf GFA: 2 spaces plus 1 additional space for every 50,000: sf  GFA orf fraction thereof over 60,000sf 10,001-40,000: sf GFA:1 space fraction thereof over 40,000sf  Less than 10,000 sf GFA: no space is required unless the approving authority determines that the specific use requires such space Over 40,000 sf GFA:1s space plus 1 additional space for every! 50,000sfor  8-7    -  This page intentionally left blank.  8-8    Article 9 Signs  ARTICLES 9: SIGNS $9.01. Purpose, Applicability  9.01.01 The purpose of these provisions is to regulate signs and outdoor advertising displays, to promote the use of signs to assist the public in its orientation within the City, to express the history and character oft the City, to prevent the degradation of the aesthetic qualities oft the City, and to promote the  public safety by limiting visual clutter and distraction of motorists.  9.01.02 These regulations govern all signs, both existing and hereafter erected or displayed.  $9.02. Definitions 9.02.01 ABANDONED SIGN  A. AI permanent sign containing a commercial message and which is located on a premises that has B.A Apermanent: sign with no message or a message that has been covered for a continuous period of 9.02.02 ATTACHED! SIGN. Any sign, other than al Freestanding Sign, that is permanently installed upon and  been vacant for a continuous period of one year or longer.  one year. awning signs.  supported by al building or stationary structure, including wall signs, projecting signs, and canopy and  9.02.03 CANOPY SIGN or AWNING SIGN. A: sign installed on a building canopy or awning.  9.02.04 CHANGEABLE COPY SIGN. A: signi in which the message may be manually or electronically changed 9.02.05 DIRECTLIGHTING. Light emitted from a source within or affixed to the sign face and beaming outward 9.02.06 DOUBLE-FACED SIGN. A sign designed to display its message on the outer surfaces of two opposing planes. When only one face is legible from any vantage point along the street, the area of one side (thel larger, ifapplicable) is counted toward allowable sign area. If both faces may be viewed from the  without altering the sign. fromi it.  same vantage point, the area of both sides is counted. illustrations can be changed or rearranged electronically. detached from any supporting elements ofal building, wall or fence.  9.02.07 ELECTRONIC MESSAGE CENTER. A: sign or portion thereof designed so that characters, letters or 9.02.08 FREESTANDING SIGN. A: sign permanently installed on its own self-supporting structure or base 9.02.09 INDIRECT LIGHTING. Light aimed toward a sign from a separate outside source, including back-lit signs. 9.02.10 INSTALL. To place, construct, erect, mount, paint, affix or attach a sign to a structure or to the ground. 9.02.11 INTERMITTENT LIGHTING. Any flashing light, including those that spell messages, simulate motion or 9.02.12 LEGIBLE. Able to be read by a person of ordinary eyesight standing at grade level at al location on the 9.02.13 NONCOMMERCIAL MESSAGE. Any message other than a commercial message and any messages or types 9.02.14 OFF-PREMISE SIGN or MESSAGE. A sign that advertises or directs attention to a use, product, service, or activity occurring on property other than where the sign is located. Signs bearing noncommercial  form various symbols or images.  public right-of-way or, ifapplicable, on another private property. ofr messages considered noncommercial speech by a court of law.  messages are not considered OFF-PREMISE SIGNS.  9-1    9.02.15 ON-PREMISE SIGN or MESSAGE. A sign that advertises, directs attention to or provides informationona use, product, service, or activity occurring on the property where the: sign is located. For the purposes of these regulations, signs bearing noncommercial messages are considered ON-PREMISE 9.02.16 PORTABLE SIGN. Anyf freestanding sign greater than six square feet in areai that is readily movable and that is not permanently affixed to the ground, including signs mounted on weighted bases or 9.02.17 PREMISES. One or more adjoining lots developed in au unified manner and design with shared parking 9.02.18 PROJECTING SIGN. AS sign attached to al building wall ande extending more than 12 inches from thet face 9.02.19 SEASONAL DECORATIONS. Decorations andl lighting displayed during religious, national or state holidays noti installed in a permanent manner and that contain no commercial message. This does not include temporary signs that are greater than four square feeti in sign area, that are directed at and legible 9.02.20 SIGN. Any device, fixture, placard or structure, including its component parts, whichi is legible froma street or adjoining parcel and that directs attention to an object, product, place, activity, service, person, institution, organization, or business or which promotes the interests of any person. The term does noti include the following objects though they may! be legible from a public area: cemetery markers, vending machines, express mail drop-off boxes, decorations, al building's architectural features, or a manufacturer's or seller's markings on machinery or equipment. 9.02.21 SIGN FACE. The: surface area of a sign devoted to a message or advertising display.  SIGNS.  wheeled chassis.  and driveway facilities or an undeveloped property.  ofsuch wall.  from the publicr right-of-way.  9.02.22 TEMPORARY. SIGN. A: sign, other than a portable sign, that is not permanently attached to the ground or a structure, thati is noti intended for permanent display and thati is designed and fabricated with materials ofa at temporary nature, including but not limited to paper, fabric, corrugated plastic,  cardboard: and vinyl.  9.02.23 WALL SIGN. As sign painted upon or installed on the wall of al building, but not extending more than 12 9.02.24 WINDOW SIGN. A sign applied to, attached to or displayed within at first-floor window to attract attention of persons outside the building. Merchandise in a window display is not considereda  inches from thet face of the building wall or above thet top oft the building wall.  window sign.  $9.03. Permitting 9.03.01 Permit Required  A. No sign may bei installed, replaced, or changed in location or size without a valid Sign Permit issued byt the City, unless exempted by $9.03.02 or 59.03.03. Sign permit applications must show the proposed location oft the sign, and any pavement, curb, public right-of-way or easement within 25 feet of the sign, sign type, size, height, type off foundation, electrical scheme, illumination scheme, and any other information required by the City. The Zoning Official issues permits only upon B. - Allr necessary application and permitting fees must be paid prior to the issuance of any sign permit. 9.03.02 Excluded Signs. The following are exempt from regulation under this Article and do not require a Sign Permit, though they may require other types of permits, whenever applicable: A. Signs that are not legible from any public right-of-way, public space or another property  determination that signage plans conform to these regulations.  9-2    Article 9 Signs  B. Any permanent sign with a sign area of one square foot or less  .$ Signs ofa a governmental body, public authority or public utilityi including, but not limited to, traffic and similar regulatory devices, legal devices, warnings at railroad crossings, governmental survey or boundary markers, signs indicating bus stops, taxi stands, and similar transportation facilities and  notices of water lines or buried cables D. Publicly owned memorial tablets and signs E. Signs required by law or governmental order, rule, or regulation F. Signs inside al building other than' Window Signs G. Seasonal decorations containing no commercial message  H. Signs on an operable vehicle used int the normal course of business; except signs on' vehicles that are kept, onarecurring basis, on1 the premises so that the signs is legible from the street 9.03.03 Permit Exemptions. The following signs and actions related to signs do not require a Sign Permit, unless the sign or action is ofa a nature that requires a building, electrical or other permit. However, they must nonetheless conform in all other respects to the requirements oft this article, may not be  illuminated and may not have at total sign area greater than six square feet:  A. Temporary signs B.V Window signs  Changing of copy on Changeable Copy Signs provided there is no structural change or change in the D. Routine sign maintenance, including painting, repainting, cleaning and repair not involving structural E. Signs and notices issued by any court, officer or other person in performance ofag governmental duty 9.03.04 Permit Expiration. A Sign Permit expires if work has not begun within 180 days from the date itis issued. Applicants are allowed one 90-day extension of each Sign Permit, provided the extension is 9.03.05 Indemnification of City. Every Sign Permit application must include an agreement of indemnification and hold the City harmless for any damages or expenses that may bei incurred because oft the sign or  primary lighting source  changes or changes to the sign area or height  applied for prior to the original permit'se expiration.  its structure.  $9.04. General Regulations Applying to All Signs 9.04.01 Viewpoint and Content Neutrality, Substitution  A. Itist the policy oft the City to regulate signs ina a manner that does not favor commercial speech over noncommercial speech and does not regulate speech by message content. No sign will be subject to B. Signs authorized by this Article may carry noncommercial messages in lieu of any other commercial orr noncommercial messages. Substitution of messages may ber made without additional approval or permitting process, except where the change of messagei increases the sign area or requires changes to the sign that would otherwise require a Sign Permit. This provision prevails over any more: specific provision to the contrary within this Article. The purpose oft this provision is to prevent an inadvertent favoring of commercial messages over noncommercial messages or favoring of any particular noncommercial message over another. This provision does not create a right to increase thet total amount of signage on al lot, nor does it affect the requirement that a sign structure or  any limitation based on the viewpoint of the sign message.  mounting device be properly permitted.  9-3    9.04.02 Prohibited Signs. In the interest of public safety and aesthetics, the following are prohibited in all A. Signs with moving, strobing or flashing lights or any design that may be confused with the lights ofa  districts:  police, fire or emergency response vehicle;  B. Off-premise signs (except as provided in $9.10 Off-premise! Signs)  . Signs which imitate, resemble, obscure or otherwise physically interfere or may be confused with any official traffic sign, signal or device and signs which obstruct, mislead, confuse or otherwise physically D. Signs that move, rotate, whirl, spin or otherwise make use of motion to attract attention (this does not include changing copy on Changeable Copy Signs), including but not limited to streamers, pennants, string lights and other attention-getting devices that may be moved by the wind; this does not include flags installed on flagpoles or stanchions in accordance with 59.06. Inflatable signs are permitted only on a temporary basis in accordance with 59.08 Nonresidential Districts; E. Signs that emit any detectable noise, smoke, vapor, odor, particles or that include any lighting or control mechanism that interfere with radio, television or electronic means of communication; F. Signs or attention attracting devices that contain a beacon of any type and/or contain a spotlight  disrupt pedestrian or vehicular traffic;  providing illumination to the public; and unsafe or in substantial disrepair.  G. Signs constructed of mirrors or other surfaces that reflect light.  9.04.03 Signs may not be erected or maintained which are deemed by the Zoning Official to be structurally 9.04.04 Signs may not be established on vehicles or trailers in circumvention oft this Article.  9.04.05 All illuminated or highly reflective signs must be effectively shielded to prevent beams or rays of light from being directed at any portion of a street or roadway, or from shining on or into any dwelling, or 9.04.06 When a premises becomes vacant for a continuous period of 180 days or more, the Zoning Official may require the sign face or message on any permanent or portable sign be covered or removed as long as the premises remains vacant. This does not apply to noncommercial messages.  otherwise adversely affecting surrounding or facing properties.  9.04.07 Placement  A. Signs may not be located in, encroach upon; or be located, installed, or lighted in such manner as to constitute a hazard to the health or safety of persons on any public right-of-way. Refer also to $3.08 Sight Distance for placement of signs adjacent to street and driveway intersections. B. No portion of a permanent or temporary sign may be located on or project over any public property Permanent and temporary signs must be set back at least ten feet from the nearest edge of pavement or back of curb and at least 25 ft from the centerline of an undedicated public road. D. Signs may not be attached to utility poles, meter posts or street lights and may not be painted or E. Except as required by law, no sign may be displayed on a property without the consent of the legal F. Signs may not be installed on the roof of any building or extend more than twelve inches above the  orr right-of-way.  drawn upon rocks, trees or other natural features.  owner.  parapet or eave against which it is installed.  9-4    Article 9 Signs  G. Onany premises where the principal structure is set back less than the required setback for freestanding signs, the Zoning Official, may authorize al lesser setback provided a public hazard will H. Signs and sign structures may not obstruct openings required for ventilation or means of egress, including any fire escape, window, door, stairway, exit, walkway, utility access or Fire Department  not be created and all other requirements are met.  connection. area.  9.04.08 Determining Sign Height and Area  A. Supporting framework, bracing, or decorative fences or walls are not included in calculating sign B. For sign messages installed on al background panel, cabinet, or surface distinctively designed to serve as the background for the sign message, sign area is calculated as the smallest rectangle that encompasses the extreme limits of the background panel, cabinet or surface. See Figures 9-1 and 9- For sign messages where individual letters or elements are installed on a building façade and where there is no background panel, cabinet or surface distinctively designed to serve as the background for the sign message, sign area is calculated as the smallest rectangle that encloses all the letters or elements associated with the sign. When there are multiple sign elements on the same surface, the Zoning Officer determines the outermost boundaries of individual sign elements. See Figure 9-3.  2.  SIGNAREA  SIGN  Sign  SIGNAREA  Figure 9-1 Wall Sign with panel Figure 9-2 Freestanding Sign  SIGNAREA  SIGI  SIGN  7E  SIGNAREA  Figure 9-3 Wall Sign without panel Figure 9-4 Nonplanar Sign  D. For sign messages that are nonplanar, the sign area is calculated as the smallest rectangle that encompasses the profile of the sign message and any background object, panel, cabinet or surface distinctively designed to serve as the background for the sign message. The profile used is the largest area of the sign message and background visible from any one point. See Figure 9-4. E. Sign heights. For freestanding signs, including temporary and portable signs, sign height is measured from the grade level of the adjoining roadway at its centerline directly in front of the freestanding  sign.  9-5    $9.05. Standards by Sign Type 9.05.02 Illuminated Signs  9.05.01 Projecting signs may not project more than 30 inches from the wall plane. The top edge of the sign may not extend more than twelve inches higher than the top of the structure to which it is attached.  A. Illuminated signs must conform in all respects to the City Electrical and Fire Codes. B. Any light mounted on, within or directed toward any sign must be shielded sO that no direct illumination is cast upon any surrounding property or on or toward any public right-of-way. A. EMC signs, regardless of the method of illumination, may not be brighter than 4,690 nits throughout the daytime until at least one-half hour before sunset and 1,675 throughout at the nighttime until B. EMC signs must be equipped with a dimmer control and photocell and must automatically adjust the . EMC signs must have a default mechanism that will freeze the display in a static message, turn off D. EMC signs may not display light of such intensity or brilliance to cause glare, impair the vision of an E. Message displays must be static, employing no motion, animation or changes in color or brightness, and may not change more frequently than eight seconds. Transitions between message displays must be instantaneous and may not simulate movement, such as flashing, racing, strobing, twinkling, G. Electronic Message Centers must be set back at least 50f ft from any residential district boundary. If permitted by special exception within ar residential district, the sign must be set back at least 50ft from the lot lines of the nearest dwelling, or otherwise as far as practicable as determined by the  9.05.03 Electronic Message Center ("EMC") Signs  sunrise.  display intensity as required herein.  the display or revert to a black screen ifar malfunction occurs. ordinary driver or constitute a nuisance to traffic and pedestrian safety.  or animation.  F. Exposed neon or fiber-optic tubing on EMC signs is prohibited.  Zoning Official. 9.05.04 Portable Signs  A. Portable signs are permitted only in the B-1, B-3, AG and industrial zones.  B. Portable signs may not be located closer than 301 feet to any freestanding sign and must be secured, as approved by the Zoning Official, to prevent unintended movement due to wind or other causes. Portable signs must comply with the setback and sight distance requirements applicable to  freestanding signs.  D. Portable signs may not contain off-premises messages. E. Portable signs are limited to one per business.  $9.06. Signs Permitted in All Districts  The following signs are permitted in all zoning districts subject to applicable regulations herein. 9.06.01 Temporary Signs, in accordance with 59.07 Residential Districts, 59.08 Nonresidential Districtsand 59.09AG District. Temporary signs may be used for commercial or noncommercial speech. A. Unless otherwise required by law, for each developed residential premises, one flagpole is permitted. There is no limit to the number of flags that may be displayed per flagpole.  9.06.02 Flagpoles and Stanchions  9-6    Article 9 Signs  B. For each nonresidential premises up to one-half acre in size, upi to two flagpoles are permitted. For each nonresidential premises over one-half acre in size, up to three flagpoles are permitted. For each additional acre, one additional flagpole is permitted. Upt to two flags may be displayed per flagpole. Flagpoles may not exceed 1.51 times the allowed building height for the district, but in no event may a D. For each principal structure, up to two flag brackets or stanchions may be attached or placed for the  flagpole be taller than 50ft. display of flags. $9.07. Residential Districts 9.07.01 General Standards  A. Only those signs expressly permitted in 59.06 and this Section are permitted.  B. Electronic Message Centers may be permitted only by special exception (see $12.06) and only on  nonresidential premises. (1) Projecting Signs (2) Off-premises Signs  The following types of signs are prohibited:  9.07.02 Attached Signs  A. Each multifamily building is permitted one wall sign, which may not exceed 12 sf in area. B. Each principal nonresidential building is permitted one wall sign, which may not be larger than 24: sf ins sign area. One additional wall sign is permitted for a secondary façade along an adjoining public  street, which may not exceed 18 sfi in sign area.  9.07.03 Freestanding Signs  A. Subdivisions. Each subdivision is permitted one sign at each street entrance, which may not be taller than six feet nor larger than 24 sf in sign area. An acceptable legal entity other than the City must B. Multifamily Developments, Manufactured Home Parks and Nonresidential Premises. Each housing development and nonresidential premises is permitted one indirectly-lighted, freestanding sign,  provide perpetual maintenance for the sign.  which may not be taller than six feet nor more than 18 sf in sign area.  9.07.04 Temporary Signs  A. During construction of a residential or nonresidential development, only the following temporary (1) Subdivisions, Multifamily and Nonresidential Developments, Manufactured Home Parks. Upt to two temporary signs are permitted at the primary entrance to the development. Each sign may be upt to 18 sf in area and may not be taller than six feet above grade level. These signs must be removed within 30 days following the completion of the development. For residential subdivisions, "completion" refers to issuance of Certificates of Occupancy for 75% of the dwellings in the subdivision or phase thereof, as applicable. In all other cases "completion" refers B. After initial construction, each residential and nonresidential premises is permitted the following (1) At anyt time, three temporary signs with a combined area of 20 sf, with no sign larger than nine  signs are permitted:  to issuance of a Certificate of Occupancy for the development.  temporary signs:  square feet in sign area nor taller than four feet.  9-7    (2) For nonresidential uses, one additional temporary sign may be posted for up to 30 days from the time ofi its initial opening and up to 30 days prior to its final closing. The sign may not be larger  than 20 sfi in sign area. If freestanding, it may not be taller than six feet.  $9.08. Nonresidential Districts  9.08.01 General Standards. In all Business, Manufacturing, and Institutional Districts, only those signs  expressly permitted in 59.06 and this Section are permitted.  9.08.02 Attached Signs  A. Residential premises are permitted attached signs in accordance with 59.07 Residential Districts. B. For nonresidential and mixed-use premises, each ground floor tenant is permitted one wall sign (1) Wall: signs may not be larger than two square feet of sign area per linear foot of wall on which the tenant has a main entrance or 200 sf, whichever is more restrictive. An additional wall sign is permitted for tenant spaces with a secondary façade along an adjoining public street. The (2) In addition to a primary attached sign, each premises or each tenant on a premises with multiple tenants is allowed up to two canopy or awning signs. The area of such signs is counted toward (3) The aggregate area of permanent and temporary window signs may not exceed 50% of the total  subject to the following:  additional attached sign is limited to 32sf. the total allowed sign area for wall signs.  glass area of all ground floor windows on that building wall.  9.08.03 Freestanding Signs  A. Residential premises are permitted freestanding signs in accordance with 59.07 Residential Districts. B. Nonresidential and mixed-use premises are permitted freestanding signs provided in Table 9-1 and (1) Where used, portable signs are counted toward the allowable number off freestanding signs on (2) Freestanding signs must be set back at least ten feet from the public right-of-way line.  Portable signs are not permitted.  as follows:  each premises.  9-8    Article 9 Signs  Table 9-1 Freestanding Sign Standards  Maximum one sign one sign two signs 1  Maximum Combined Sign Area per frontage n/a n/a  Number of Signs Maximum Sign Area per Sign  Per street frontage upto150ft Per street frontage of151-300ft Per street frontage over 300ft  1sf per1ft of frontage or 100 sf, whichever is less 1sf per 1ft of frontage or 200 sf, whichever is less 1sf per 1ft of frontage Freestanding Sign Height  1.5 sf per1ft of frontage  1Signs must be spaced apart at least 150ft  Street on which the premises is located and sign is oriented towards All other arterial and collector streets with four or more lanes Any arterial or collector street with less than four lanes  Maximum Sign Height 36ft 30ft 24ft 16ft  Boll Weevil Circle  All minor or local streets 9.08.04 Temporary Signs  A. Residential premises are permitted temporary signs in accordance with 59.07 Residential Districts. B. Nonresidential and mixed-use premises are permitted temporary signs as follows: (1) During construction, up to two temporary signs are permitted at the primary entrance to the development. Each sign may be up to 32 sfi in area and may not be taller than six feet above grade level. These signs must be removed within 30 days after the Certificate of Occupancy has (2) After initial construction, each premises is permitted the following temporary signs: () At any time, each premises is permitted two temporary signs with each sign no larger than (ii) Inflatable signs may be used for up to seven days each quarter. Each inflatable signi is counted toward the number oft temporary signs otherwise permitted in this subsection. Inflatable signs may not exceed 201 ft in height and must be securely anchored to the (ii) One additional temporary sign may be posted for up to 30 days from the time ofi its original opening and for up to 30 days prior to its final closing. Such signs may not be larger than 32 (iv) During repair, renovation or addition to an existing building, one additional temporary sign per premises may be posted for up to 60 days. The sign may not be larger than 12 sf in sign area nor taller than six feet above grade. These signs must be removed within seven days of  been issued.  16sfi in sign area nor taller than six feet.  ground.  sf in sign area. If freestanding, the sign may not be taller than six feet.  completion of the repair, renovation or addition.  9-9    $9.09. AG District 9.09.01 General Standards  A. Only those signs expressly permitted in 59.06 and this Section are permitted.  B. Electronic message centers may only be permitted. as a special exception (see 512.06) and only on  the premises of permitted nonresidential uses. P Projecting signs are prohibited.  9.09.02 Attached Signs. Agricultural and any nonresidential premises are permitted attached signs as follows: A. Wall signs may not be larger than one: square foot of sign area per linear foot of wall on which the B. Ina addition to a primary wall sign, each premises is allowed up to two canopy or awning signs, the  tenant has a main entrance or 100 sf, whichever is more restrictive. area of which is counted toward the total allowed wall signa area. Window: signs may not exceed 20% of thet total glass area oft the window.  9.09.03 Freestanding Signs  A. Residential premises are permitted permanent freestanding signs as provided for Residential B. All other premises developed with a principal use or structure are allowed one freestanding sign regardless of the number of street frontages. Freestanding signs may not be larger than 32 sfi ins sign  Districts in 59.07.03.  area. 9.09.04 Temporary: Signs  A. Residential premises are permitted temporary signs as provided for Residential Districts in $9.07.04. (1) During construction, up to two temporary signs are permitted at the primary entrance to the development. Each sign may be up to 32 sfi in area and may not be taller than six feet above grade. These signs must be removed within 30 days following the completion of the (2) After initial construction, each premises is permitted the following temporary: signs: () At any time, each premises is permitted three temporary signs with each sign no larger than (ii) One additional temporary sign may be posted for up to 30 days from the time ofi its original opening and for upt to 30 days priort to itsi final closing. Such signs may not be larger than 32  B. All other premises are permitted temporary signs as follows:  development.  nine square feet in sign area nort taller than six feet.  sfi in sign area. Iff freestanding, the sign may not be taller than six feet.  $9.10. Off-Premises Signs  9.10.01 For purposes of this Section, a' "conforming" Off-premises Sign means an existing Off-premises Sign that meets all requirements oft this Ordinance in place at the time the sign was erected. 9.10.03 All existing Off-premises Signs must be maintained with no' "open faces" meaning that said signs  9.10.02 No new Off-premises Signs are permitted.  must have panels installed and attached with: smooth surfaces and no torn or tattered edges hanging loosely. No structural members other than the pole may be exposed unless approved in advance and accommodate electronic message centers, provided that any such conversion must be approved in  iny writing by the Zoning Official.  9.10.04 Conforming Off-premises Signs within 5001 ft of intersecting state highways may be convertedi to  9-10    Article 9 Signs  advance, in writing, by the Zoning Official and provided the requirements and regulations oft the Zoning Ordinance referenced in paragraph (a) above are met, as such other requirements and regulations shall remain ini full force and effect. Off-premises Signs with electronic message centers, whether single face or back-to-back, may not be closer than 1,0001 ft to any other such sign. However, conforming Off-premises Signs on Highway 248 (Rucker Boulevard/Glover Avenue) may 9.10.05 Off-premises Signs located on Highway 84 Bypass may not be larger than 450 sf per face, excluding structural elements and skirts. Off-premises Signs located on Rucker Boulevard/Glover Avenue (Highway 248) may not be larger than 300 sf per face excluding structural elements and skirts. 9.10.06 Only single face and back-to-back Off-premises Signs are permitted. Side-by-side and: stacked units 9.10.07 The lowest point of any Off-premises Sign must be at least 15 feet above grade level. Off-premises 9.10.08 Off-premises Signs must be of all metal, single-pole construction, with the exception of faces and skirts; subject, however, to the following: If any all embellishments or pole coverings are requested, 9.10.09 In the event any Off-premises Sign, conforming or otherwise, is destroyed by natural disaster or other casualty, or must be removed for any reason, the remnants must be removed within 30 days. A. The Off-premises Sign may be rebuilt at the same location or another location as long as it then meets all of the provisions of this Ordinance, other City Ordinances as referenced above or as may apply, and any rule, regulation of law of any other governmental entity having jurisdiction over such; provided, however, the rebuild/relocate permit may only be issued to the same permit holder or its B. Should the permit holder relocate the Off-premises Sign for any reason set forth ini this $9.10.09, another Off-premises Sign permit holder may apply for a permit to install a newly located Off- premises Sign on real property leased from the landowner, provided said newly located Off-premises (1) takes the place of a previously existing Off-premises Sign in existence on March 1, 2018 or (2) is installed on the same landowner's property and within a 30ft radius of the previously existing (3) conforms to the additional requirements of the City's ordinances and other applicable law and (4) is to be installed within 30 days of the date the permit is granted. This is known as al Landowner Replacement Credit and the City will not issue more than one permit for a Landowner 9.10.10 Off-premises Signs that are visible from public streets, roads and highways, may not contain any speech that is considered obscene and therefor not protected by the First Amendment. 9.10.11 Off-premises signs, which did not conform to Zoning Ordinance in effect at the time they were erected, will not be required to be removed on the basis ofs size or height. However, all such nonconforming signs must be maintained as provided in this 59.10 and must comply with the codes of the City except as noted as to location, height and square footage. This includes, but is not limited to, the obligation that the owners of said signs may not keep open faces on said signs and must keep  not incorporate electronic message centers.  are prohibited.  Signs may not exceed ai total height of50ft.  the applicant must obtain prior approval, in writing, by the Zoning Official.  assignee.  Sign:  erected thereafter; Off-premises Sign; regulations;and,  Replacement Credit (city-wide) in any one calendar year.  9-11    such Off-premises Signs properly secured, painted where applicable and in good structural and 9.10.12 Violations of this section may result ini the following: suspension or revocation of sign permit by City Council which will result in the sign owner orl lessee removing the same; actions at law or equity to prevent or remedy said violation; and/or offender being prosecuted in the Enterprise municipal court fora misdemeanor offense subject to up to a $500.00 fine and upt to six months in jail.  aesthetic appearance.  $9.11. Nonconforming signs  9.11.01 All lawfully nonconforming signs in existence or under construction with a valid permit upon the A. The sign does not become damaged or deteriorated sO as to become a public hazard. The Zoning Official may order the removal of any nonconforming sign which becomes a public hazard. Such sign B. Any single repair does not exceed 60% of the sign's value immediately prior to the repair; C. The sign is not extended or maintained in such a way as to extend its nonconformity; and D. The sign is not expanded and, ifa permanent sign, relocated or removed for any length of time. 9.11.02 Any nonconforming sign that becomes abandoned must be removed, covered or otherwise brought  effective date oft this article may continue subject to the following: must be removed within 30 days of the date of the order;  into conformity at the owner's expense.  $9.12. Penalties  Both the owners or other persons in charge or control of signs and the owners or other persons in charge or control of property on which signs are located are responsible for assuring compliance with this Article. Any failure or refusal to comply with the provisions oft this Article is a violation and subject to penalties as provided  in $13.07 Penalties and Remedies.  9-12    Article 10 Landscaping  ARTICLE 10: LANDSCAPING $10.01. Definitions  Certain terms used in this section are defined as follows: 10.01.01 FRONTAGE LANDSCAPING. Treatment of grade, ground cover, vegetation and ornamentation between any off-street parking area and adjoining rights-of-way. See Figure 10-1. 10.01.02 INTERIOR LANDSCAPING. Treatment of grade, ground cover, vegetation and ornamentation within an off-street parking 10.01.03 PERIMETER LANDSCAPING. Treatment of grade, ground cover, vegetation and ornamentation between an off-street parking area and adjoining properties. See Figure 10-1. 10.01.04 VEHICULAR AREA. Any area used for the circulation or parking ofa automobiles, including but not limited to, parking lots, driveways, fuel island aprons and drive- through facilities. Does noti include vehicle sales display areas or fully screened storage areas for vehicles.  1. interior landscaping 2. frontage landscaping 3. perimeter landscaping property line 13 vehiçular area  area. See Figure 10-1.  1)  STREET  Figure 10-1 Landscape areas  $10.02. Screening  Screening provides visual separation of certain site elements from public areas and adjoining properties. 10.02.01 Applicability. For all multifamily, nonresidential and mixed-use developments, the following must be screened from public view and view from adjoining properties, excluding properties in an M-1 or M-2  District:  A. Waste collection, recycling and refuse handling areas  B. Maintenance areas or utility structures associated with al building or development . Outside runs for veterinarians, pet grooming, animal shelters, and kennels  D. Mechanical units including retail display  E. Outdoor storage of materials, stock, equipment, and vehicles (such as those stored for repair), not  F.A Any other uses for which screening may be required by the approving authority The Zoning Official may reduce screening requirements between similar site elements on adjoining properties provided the site elements are adequately screened from public view.  10.02.02 Design Requirements. Screening must comply with the following and as required by the approving A. Location of the site element should be the first consideration in providing required screening. The approving authority may reduce requirements when the location of the element obscures it from B. Screening may not impede any drainage way or block access to any above-ground, pad-mounted  authority:  public view and from neighboring properties.  transformer. The utility company may require a minimum clear distance.  10-1    C. The method of screening, including height and materials, must sufficiently screen the site element from view. Screening may be provided through evergreen plantings, an enclosure meeting the requirements of $10.05 or a combination of these. The minimum height needed is preferred. E. In addition to screening elements that produce objectionable noise or odors may be required to be F. Shrubs, if used as the primary screening material, must be evergreen and spaced so that, at maturity, they create a solid, opaque screen. If usedi in combination with at fence, shrubs may be deciduous  D.N Multiple elements may be screened together.  located to minimize any nuisance to the public and abutting properties.  and must be spaced no more than eight feet on center.  10.02.03 Requirements for Specific Uses  A. Refuse and recycling containers may not be located forward of the front building line or in required buffers. These containers must be placed on a concrete pad and screened on three sides with an opaque access gate that is normally kept closed. The fence must be at least two feet taller than the container. The enclosure must be of wood or masonry construction ora combination of these. Waste containers of 20 gallons or less do not require screening unless more than two such containers are B. Outdoor storage must be screened to at least the height of the material or equipment to be ( Outdoor service areas, work yards, and similar uses should be located to minimize their visibility to the public and to any abutting properties to which such functions would be objectionable. Where location on site is insufficient to screen the element, required screening must be at least six feet in  kept together. screened.  height. $10.03. Buffers  10.03.01 Applicability. Buffers must be provided as specified in Table 10-1 and as described in this Section. Buffers are the responsibility of the developing land use. Buffer requirements are based on the developing land use and the existing, adjoining use. Required yards, when corresponding with the buffer area, may overlap and may be counted toward buffer width requirements. A Landscaping Plan  must be approved prior to issuance of a Building Permit.  10.03.02 Modifications. Buffer requirements may be modified by the approving authority as follows: A. When the proposed use will adjoin an existing, nonconforming use on a property that is designated for another use in the Comprehensive Plan and is zoned accordingly, the buffer requirement may be modified to be consistent with the use of the neighboring property projected by the Comprehensive B. Ifthe land use relationship between two adjoining lots changes so that a lesser buffer would be C. Whenever the proposed use adjoins vacant land, buffer requirements are based on the zoning of the adjoining property or the use projected by the Comprehensive Plan, whichever requires al lesser D. Buffers may not be used for parking, recreational use or any other purpose, except as follows: (2) Public utilities and storm drainage facilities may be constructed in al buffer, if the buffer  Plan.  required, the previously provided buffer may be reduced.  buffer.  (1) The approving authority may permit a walkway through al buffer.  otherwise complies with this Section.  10-2    Article 10 Landscaping  Table 10-1 Buffer Requirements By Use  Existing Abutting Use Lodging  Single-family (detached or attached) n/a A B B B A A B A B B B B B B B  Institutional low/medium/high Buffer Class Required n/a n/a n/a n/a B  Parks & Business green- ways n/a n/a n/a n/a A n/a n/a A n/a n/a A n/a n/a A A A  Multi- family n/a n/a n/a A B n/a A B A A B A A B B B C C  Developing Land Use Residential and Lodging Detached, single-family and duplex Townhouse, Triplex and Quadplex Multifamily Lodging Manufactured home parks, campgrounds Institutional Low intensity Medium intensity High intensity Business/Commercial Offices up to! 50,000sf Offices greater than 50,000 sf Amusement; outdoor entertainment Mixed-use building containing dwellings Retail and restaurants upt to 50,000sf Retail and restaurants greater than 50,000sf Mini-storage facilities Heavy commercial, including repair, contractor and automotive uses Industry and Utilities Warehousing, storage and public utility facilities Other industrial uses Planting Requirements by Buffer Class Buffer Class A B C  n/a n/a n/a n/a A  n/a n/a n/a n/a B  n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a A n/a n/a n/a A n/a n/a n/a n/a A n/a n/a n/a A A n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a  A  n/a  A  n/a  A C C  B A n/a n/a  C C 10ft 15ft 22ft  C B C C  B C  A B Required trees 1 1tree per 20 ft 1t tree per 15ft 1t tree per 12ft  B B  Width with fence/wall Width without fence/wall  15ft 20ft 30ft  1Trees may need to be staggered, depending on species and spacing, to support healthy growth.  10-3    10.03.03 Design Standards  A. Shrubs and trees used to meet buffer requirements must be evergreen but may be supplemented B. Prior to occupancy oft the premises, buffer plantings must be ofas size and spacing to provide a visual barrier from the ground to at least four feet above grade throughout the length of the buffer. Plantings must be spaced as closely as possible while accommodating healthy growth. Within one year after installation, the buffer must provide an opaque visual barrier from the ground to at least six feet above grade throughout its length. When a fence is provided that is at least six feet tall and meets the requirements of 510.05, buffer plantings need not be taller than four feet  with deciduous plants.  above grade and the buffer width may be reduced as provided in Table 10-1.  $10.04. Vehicular Area Landscaping  10.04.01 Purpose. These regulations are intended to: protect the appearance and value of surrounding  properties, and thereby promote the general health, safety and welfare; insulate public rights-of-way and adjoining residential properties from noise, glare, overall visual impact and other distractions from off-street parking areas; provide shade in off-street parking areas; and promote stormwater  management byi incorporating landscape areas in impervious parking lots.  10.04.02 Applicability  A. These regulations apply to vehicular areas in nonresidential, multifamily and mixed-use developments used for off-street parking and loading; vehicular storage, display, maneuvering and washing; and the dispensing of motor fuels as specified in Table 10-2. B. Single-family dwellings are exempt from these regulations; however, these regulations apply to parking areas for swimming pools and other common areas in single family residential development maintained by a private homeowners' association or any public entity. Existing vehicular areas: If the size of an existing vehicular area is increased by more than 20% or by ten or more spaces, the new vehicular area must comply with this Section. Ifthe existing vehicular area is increased by more than 40% or by 25 or more spaces, the entire off-street parking area must  be brought into conformity with these regulations.  Table 10-2 General Requirements  Type of Landscaping Perimeter Required where adjoining a residential use X X X X  Number of Spaces in Parking Lot Parking area of2 20 or fewer spaces Parking area of 21-39 spaces Parking area of 40 or more spaces Parking structures Any other vehicular use area  Frontage X X X X X  Interior  X  10-4    Article 10 Landscaping  10.04.03 Frontage landscaping  A. Al landscaped strip with a minimum ten-foot depth must be provided along all adjoining public rights- of-way, which musti include a minimum of one tree and six shrubs per full! 50ftofl lot frontage. B. When at fence or wall meeting the standards in $10.05 is provided as part of frontage landscaping, thel landscaping strip may be reduced to six feet in depth and the number ofs shrubs required reduced  by5 50%.  10.04.04 Perimeter landscaping  A. Al landscaped strip atl least ten-foot deep must be provided between off-street parking areas and adjoining properties. When at fence or wall meeting the standards in $10.05 is provided, the landscaping: strip may be reduced to sixt feet deep. Ifav wall or fencei is provided on the adjoining lot, the approving authority may permit a perimeter landscaping strip of lesser depth without the need forav wall or fence to be provided on the site. Landscaping within rights-of-way or on adjoining B. Perimeter landscaping strips must be planted with evergreen shrubs at an average spacing of four feet and one tree per 501 ft. Where this overlaps or conflicts with other landscaping requirements, the greater requirement governs. Driveway connections to adjoining properties are encouraged: and C. Where the vehicular area is located more than 201 ft from a side or rear lot line, shrub spacing may be  property do not count toward required perimeter landscaping.  are: subtracted from perimeter landscaping requirements.  increased to six feet. 10.04.05 Interior landscaping vehicular area.  A. Eachy vehicular area must have interior landscaping covering at least five percent of the total B. Tol be counted toward these requirements, islands and peninsulas must be at least 1001 fti inarea, at least six feet in their least dimension exclusive of curbs, and must contain at least one tree. 10.04.06 Landscaping must be as uniformly distributed as practicable. When practicable, islands and/or peninsulas must be placed at the ends of parking aisles or between any circulation drives and parking  aisles.  $10.05. Design Standards for Required Fences  Fences used to meet the landscaping requirements of this Article are subject toi thet following: 10.05.01 Fences must be vinyl, masonry, durable wood, cementitious wood or acombination thereof. Untreated wood, chain-link, plastic or wire fencing cannot be used to meet landscaping 10.05.02 For frontage and perimeter landscaping, no more than 25% of the fence surface may be left open. Fences used as part of frontage or perimeter landscaping must be at least three feet tall.  requirements.  10.05.03 Thet finished side oft the fence must face abutting property or public views.  10.05.04 Shrubs and trees required for buffers, screening or landscaping must be planted on the exterior side 10.05.05 Ifat fence extends more than 1001 fti in one direction, it must have columns, which project outward  oft the fence.  from the fence surface and are spaced no more than! 501 ft on center.  10-5    $10.06. Modifications authority:  Planting requirements may be modified in the following circumstances, as determined by the approving 10.06.01 Where existing trees and other vegetation fulfill in part or in whole the purposes for which 10.06.02 Where impending development of adjoining property would make these standards unreasonable or 10.06.03 Where views from adjoining properties is blocked by a change in grade or other natural or man- 10.06.04 Where planting will not thrive due to poor soil conditions, intense shade or similar conditions that 10.06.05 Where use of alternative landscaping methods would enable preservation of unique natural or  landscaping is required. impractical. made features.  cannot be reasonably overcome historic features or views of such features  $10.07. Required maintenance  10.07.01 The owner and lessee are each responsible for providing, maintaining and protecting all landscaping ina al healthy and growing condition. All unhealthy and dead materials must be replaced during the 10.07.02 All fencing used to meet landscaping standards must be maintained in good condition and replaced 10.07.03 At no time may required landscaping be reduced to less than that required by this article or the  next appropriate planting period. orr repaired as needed.  originallyapproved landscape plan.  10-6    Article 11 Nonconformities  ARTICLE 11: NONCONFORMITES $11.01. General Provisions  11.01.01 This Section establishes regulations for legally nonconforming lots, structures, and uses; and to specify the conditions under which such nonconformities can be continued, expanded, or modified; 11.01.02 It is consistent with the regulations of this Ordinance that nonconformities, which adversely affect orderly development: and1 the value of nearby property, be controlled. Such controls consider the vestedi interests oft the owners of nonconforming properties andt the extent to which such properties  and under which they must be discontinued or made to conform.  have actual or potential adverse impacts upon the surrounding area.  $11.02. Definition of Nonconformities  Fort the purposes of this Articlet the following definitions shall apply:  11.02.01 NONCONFORMING LOT OF RECORD. Any vacant lot legally established prior to the effective date of this Ordinance or subsequent amendment thereto, which does noti fully comply with the dimensional 11.02.02 NONCONFORMING DEVELOPED LOT. Any lot containing a structure or activity legally established prior to the effective date oft this Ordinance or subsequent amendment thereto, but which does not fully comply with thel lot width or area or other dimensional regulations of the applicable district. 11.02.03 NONCONFORMING: STRUCTURE. Anys structure, other than a sign, legally established prior to the effective date oft this Ordinance or subsequent amendment thereto, but which does not fully comply with the 11.02.04 NONCONFORMING USE. An activity using land or structures for purposes, which were legal prior to the effective date of this Ordinance or subsequent amendment thereto, but which does not fully comply 11.02.05 NONCONFORMITY, MINOR. A nonconforming lot or building thati is otherwise used for a conforming use. The Zoning Official may permit any nonconforming lot of record to be developed for uses permitted int the applicable district provided the development meets all other applicable requirements. Ifs such a development is unable to meet other requirements, a variance must be obtained from the Board in accordance with $12.05  regulations of the applicable district.  setback, height or other dimensional regulations of the applicable district.  with the use regulations of the applicable district.  $11.03. Nonconforming Lots of Record  Variances.  $11.04. General Provisions  The following provisions apply to all nonconformities.  11.04.01 Except as otherwise providedi in this Article, any nonconforming lot, structure or use lawfully existing on the effective date of this Ordinance, or subsequent amendment thereto, may be continued: sO  long as it remains otherwise lawful. 11.04.02 Nonconforming status runs with thel land.  11.04.03 Nothing int this Article may bei interpreted to prohibit routine maintenance, restoration of as structure toas safe condition, internal renovations and modifications, and external improvements, which do 11.04.04 Nothing int this Article may be deemed to prevent the strengthening or restoration to as safe condition of a structure in accordance with an order of a public official who is charged with  not increase in scope or scale of the nonconformity oft the structure.  11-1    protecting the publics safety and who declares such structure to be unsafe and orders its restoration toasafe condition; provided that such restoration is not otherwise in violation oft the provisions of 11.04.05 No nonconformity may be moved in whole ori in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure will thereafter conform to the 11.04.06 Any other provision of this Article to the contrary notwithstanding, no use or structure whichi is accessory to a principal nonconforming use or structure may continue after such principal useor structure has ceased or terminated, unless it thereafter conforms to all the regulations oft this  this Ordinance.  regulations oft the applicable district.  Ordinance.  11.04.07 The burden of establishing thel lawful nonconforming status of any structure or use is upon the  owner of the nonconformity, not upon the City.  $11.05. Minor Nonconformities  Minor nonconformities may be modified, enlarged, or expanded provided such change conforms to all other regulations in this Ordinance, unless the Board of Adjustment grantsav variance from such regulations.  $11.06. Nonconforming Uses  11.06.01 Anonconforming use may be changed to another nonconforming use provided the new use is oft the 11.06.02 Anonconforming use may not be enlarged within a structure, nor occupy a greater area of land, than it did at the effective date of this Ordinance or subsequent amendment thereto. 11.06.03 Astructure containing a nonconforming use may not be moved to any portion of the lot other than that occupied at the effective date oft this Ordinance or subsequent amendment thereto. 11.06.04 Anonconforming use may not be altered, enlarged, or intensified in any way that increases its nonconformity, but may be altered or reduced to decrease its nonconformity. 11.06.05 Anonconforming use which changes to a use permitted in the applicable district may not thereafter 11.06.06 Ifanonconforming use is damagedi in any manner to the extent that the restoration costs would exceed 60% of the value oft that use immediately before such damage occurred, or is discontinued and remains vacant for one year or more, anys subsequent use oft the lot or structure must comply  same or lesser intensity as the original use.  revert toa a nonconforming use.  fully with the use regulations oft the applicable district. $11.07. Distance Regulation in Applicable Districts- Sale of Alcohol  11.07.01 Notwithstanding any other ordinance, rule or regulation heretofore adopted by the City, the  following shall apply: The retail sale of alcoholic beverages shall be allowed in any district where the sale of alcoholic beverages is allowed, including an entertainment district, provided, however, that as oft the date this ordinance becomes law, no alcoholic beverages shall be allowed to be sold less than three hundred (300) feet from the main entrance of a religious worship assembly building; the main entrance ofay public or private school; the main entrance of the YMCA building; or, ap public playground. For purposes oft this section, "main entrance ofar religious worship assembly building" shall mean the main door ofe entry of a single building where there are regular congregational-wide meetings held (usually at least once a week) as existing and established on the date this ordinance becomes law; and, "main entrance of public or private school,": shall mean the main door ofe entry of ap public or private school, existing and established as of the date this ordinance becomes law,  11-2    Article 11 Nonconformities  teaching K1 thru up to 12th grade students which regularly accepts students for admission and is duly accredited by a recognized accrediting agency; and, "main entrance of YMCA," shall mean the main door of entry for the YMCA which currently exists on East Lee Street (Highway 27 north); and "public playground," shall mean a playground owned or operated by the City of Enterprise. The distance regulations oft this section shall not apply to any religious worship assembly building, public or private school or' YMCA (all as defined above) established: after this ordinance becomes law in al location which is closer than 3001 feet to an already existing business which sells alcoholic beverages. All such distances referenced int this section shall be measured in a straight line. The intent of this section further clarifies previous ordinances, rules and regulations of the City regarding the application of distance requirements heretofore enacted related to the subject matter of this section.  11-3    Article 12 Board of Adjustment  ARTICLE 12: BOARD OF ADJUSTMENT $12.01. Establishment and Membership  The Board of Adjustment heretofore established is hereby continued, and its members are appointed and vacancies filled in accordance with $11-52-80: and 11-52-81 of the Code of Alabama, 1975, as amended. All  members of the Board must be residents oft the City. $12.02. Meetings, Procedures and Records  Meetings of the Board are held at the call of the chairman at: such times and places as the Board determines. The chairman, ori ini the absence of the chairman the co-chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board are open to the public. The Board adopts and publishes its own rules of procedure and keeps minutes ofi its proceedings showing the vote ofe each member upon each question or, if absent or failingt to vote, indicating such fact; and keeps records ofi its examinations and of other  official actions, all of which are filed in the office of the Board and are a public record.  $12.03. Powers and Duties The Board has the following powers:  12.03.01 Interpretation of Boundaries. To hear and decide upon interpretation of the boundaries of districts 12.03.02 Administrative Appeals. To hear and decide appeals where iti is alleged there is error in any order, requirement, decision or determination made by a City official, other than the City Council, acting 12.03.03 Variances. To hear and decide appeals for a variance from the provisions oft this Ordinance where owing to special conditions al literal enforcement of such provisions would result in unnecessary hardship, but where the: spirit oft the Ordinance can be observed and substantial justice done. 12.03.04 Special Exceptions. To hear and decide special exceptions as set outi ini this Ordinance.  established and: shown on the map in accord with criteria specified in 51.09.03.  under the authority of this Ordinance.  $12.04. Administrative Appeals  12.04.01 Appeals to the Board of Adjustment may be taken by any person or by any officer, department or board oft the City aggrieved or affected by any zoning-related decision oft the Zoning Official. 12.04.02 All appeals must be filed in writing on forms prescribed byt the Board and made available by the Zoning Official. Such appeals must bet filed with the Zoning Official within 15 days of the date of the action being appealed. The Zoning Official must forthwith transmit to the Board papers constituting 12.04.03 An appeal stays all proceedings in furtherance oft the action appealed from, unless the Zoning Official certifies to the Board after the notice of the appeal has been filed, that by reason of facts citedi in such certification a stay would, in the Zoning Official's opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed otherwise than by a restraining order which 12.04.04 The Board shall select a reasonable time and place for hearing the appeal. At least five days prior to the scheduled Board hearing, the Zoning Official must give written notice of the appeal to all 12.04.05 The Board may affirm, reverse wholly or in part, or modify the Zoning Official's decision, order, or determination as ini its opinion ought to be done, and tot that end has all the powers oft the Zoning  the record upon which the action appealed was taken.  may be granted by the Board or by a court of record.  adjacent property owners.  12-1    Official. In exercising the power of administrative review, the Board must apply, not vary, the terms  oft this Ordinance.  12.04.06 Noapalofanadmnsrathe decision may be reheard by the Board.  $12.05. Variances  12.05.01 Any property owner may file an application for a variance from the requirements of this Ordinance where it is claimed that, by reason of exceptional narrowness, shallowness, or shape or by reason of other exceptional topographic conditions, or other extraordinary and exceptional situations or conditions ofs such piece of property existing at the time of the adoption of this Ordinance, the strict application and literal enforcement of the provisions of this Ordinance would result in peculiar, 12.05.02 Itis the intent of this Ordinance that variances be used only to overcome some physical condition of a parcel of land, which poses a practical difficulty to its development and prevents its owner from 12.05.03 Variance applications must be filed with the Zoning Official or Secretary of the Board at least 30 days before the scheduled hearing date before the Board and may only bet filed by the property owner or their authorized representative. At least five days prior to the scheduled hearing, the Zoning Official  exceptional, undue, and unnecessary hardship upon such owner.  using the property in conformance with the provisions of this Ordinance.  must give written notice of the application to all adjacent property owners. practical difficulty and unnecessary hardship will result ifiti is not granted.  12.05.04 The applicant must prove that the variance will not be contrary to the public interest and that 12.05.05 The granting of a variance may not permit the establishment of a use that is not otherwise permitted  in the applicable district.  12.05.06 The Board uses the following guidelines in evaluating variance requests:  A. There must be proof of unique and special circumstances and conditions applicable to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the vicinity, and which circumstances or conditions are such that the strict application of the provisions of this Ordinance would deprive B. There must be proof of unnecessary hardship resulting from the application of this Ordinance. Such hardship must be suffered directly by the property in question. It is not sufficient proof of hardship to show that greater value or profit would result if the variance were granted. Furthermore, the hardship claimed cannot be self-created; nor can it be established on this basis by one who The granting of the variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood. D. The granting of the variance will not confer upon the applicant any special privilege that is denied by this Ordinance to other land or structures in the same zoning district. E. The granting of the variance is necessary for the reasonable use of the land or building and the variance as requested is the minimum variance that will accomplish this purpose. F. The granting oft the variance will be in harmony with the general purpose and intent of the regulations imposed by this Ordinance on the applicable district and will not be injurious to the  the applicant of reasonable use of such land or buildings.  purchases the property with or without knowledge of the restrictions.  neighborhood or otherwise detrimental to the public welfare. G. Such other factors as set out by Alabama State Law.  12-2    Article 12 Board of Adjustment  12.05.07 The Board may prescribe any safeguards or conditions that it deems necessary to secure  substantially the objectives of the provisions of this Ordinance to which the variance applies. Violations of conditions lawfully attached to any variance constitute violations oft this Ordinance.  $12.06. Special Exceptions  12.06.01 Special Exception applications must bet filed with the Zoning Official at least 30 days before the 12.06.02 At least five days prior to the scheduled hearing of the Board, the Zoning Official must give written 12.06.03 The Board reviews the application for compliance with this Ordinance and all other applicable codes and Ordinances of the City. In particular, the Board must determine that satisfactory provisions have been made concerning the following, among other considerations of this Ordinance: A. Access to and from the property and the proposed structure and/or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergencyaccess. C. The location and accessibility of refuse and service areas andi their potentially adverse effects upon D. The screening and buffering of potentially adverse views and activities from surrounding properties. E. Control of noise, glare, odor, surface water runoff, and other potentially disturbing impacts upon G. The location and: scale of signs and lighting with reference to traffic safety, glare, and visual H. The bulk, density, and lot coverage of structures, and yards and open areas, with reference to their 12.06.04 The Board mayi impose such conditions for approval that it deems necessary in the particular case to protect the publici interest and the intent oft the Comprehensive Plan and1 this Ordinance in relation to thei items listed above and as may otherwise ber reasonably necessary. Such conditions apply to the land, structure, and use for which the special exception is granted and not to a particular person. Violations of conditions lawfully attached to any special exception are deemed to be violations of this 12.06.05 The Board may grant special exceptions to allow the location and usage of a manufactured home for human habitation in any zoning district permitting residences. Applicants must apply in writing showing justification and provide al list of all adjacent property owners showing mailing addresses as well as a scale drawing of the proposed site with the desired manufactured home location shown. Such special exception may be granted only if all ofthet following conditions are met: A. Iflocated within a single-family residential district, the owner oft the manufactured home must reside B. The property owner must demonstrate extenuating circumstances such as family hardship, practical C. Special exceptions may be granted for no more than five years. At the termination of the granted period, the property owner must either remove the manufactured home from this location, or apply  scheduled hearing date before the Board of Adjustment.  notice oft the proposed: special exception to all adjacent property owners.  B. The location and accessibility of off-street parking and loading areas.  surrounding properties. surrounding properties.  F. The availability, location, and capacity of utilities. compatibility with surrounding properties.  compatibility with the character of the surrounding area.  Ordinance.  on the premise.  difficulty, economic or other reasons deemed to be acceptable by the Board.  for another special exception.  12-3    D. Such special exceptions are not transferable. If therei is a change of land ownership, the new E. Before granting or denying any such request the Board, after conducting a public hearing, must consider thej justifications or circumstances involved as well as the objections or lack of objections of adjacent property owners, and the possible effects on neighborhood property values or qualities of business ori industrial zone upon showing of catastrophic circumstances created by Act of God or casualty damage. Such special exceptions will be valid fora ap period not exceeding one year and are  property owner must applyf forar new special exception if desired.  life.  12.06.06 The Board may also grant special exceptions for business use of a manufactured building ina a  not transferable. $12.07. Public Notice  Prior to a hearing before the Board regarding an administrative appeal, variance or special exception, the Zoning Official must give written notice of the appeal or request to all owners of property adjoining the property which is the subject of the hearing. Notice is deemed given when deposited in the United States mail, first class postage prepared, addressed tos such property owners at their addresses as submitted with the application. Such notice musts state the name of the applicant, the location of the property, the nature of the  appeal or request, and1 the time, date and location of the Board's hearing.  $12.08. Abatement of Nuisance  The Board may require the conduct of any use, conforming or nonconforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, radio interference, or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort, and convenience. 12.08.01 An abatement hearing may be held by the Board either upon petition signed by any person affected byt the nuisance or upon its own initiative. Notice oft the hearing must be sent by registered mail to the owners and/or operator oft the property on which the use is conducted in addition to due notice 12.08.02 Only after a public hearing on the matter and after having! been presented with reasonable evidence oft the nuisance, the Board may direct the Zoning Official to issue an abatement order. The order will  or advertisement in a newspaper of general circulation.  specify the date by which the hazard or nuisance must be abated.  $12.09. Rehearings  12.09.01 All decisions oft the Board are final and binding upon all parties. No administrative appeal or decision onavariance or special exception willl be reheard, and no further application will be accepted once a decision has been rendered except under one or more of thet following conditions: A. New evidence or information pertinent to the request has been discovered which was not available B. The decision resulted from an error in procedures required by this Ordinance or State law and made The decision resulted from an errori in substantive law under the provisions oft this Ordinance or the 12.09.02 Any applicant wishing a rehearing must first appear before the Board to present one or more of the qualifying conditions listed int this Section. Where no errori is alleged and no newe evidence is available, a new or more effective presentation by the applicant wil not constitute grounds fora  tot the applicant at thet time oft the original hearing. byt thel Board, the Zoning Official, or any other City Officials.  Code of Alabama, 1975, as amended.  rehearing by the Board.  12-4    Article 12 Board of Adjustment  12.09.03 Ifthe Board finds that one or more of the qualifying conditions exist, the applicant willl be permitted to submit a new application. This new application will be heard at a subsequent Board meeting subject to all regular advertising and procedural requirements. Allowing a new application does not  obligate the Board to grant the request. $12.10. Appeals From Action of the Board of Adjustment  Any party aggrieved by any final judgment or decision of the Board may, within 15 days thereafter appeal therefrom to the circuit court or court of like jurisdiction, by filing with the Board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case ofs such appeal, the Board will cause a transcript oft the proceedings int the case to be certified to the court to which the appeal is taken and the cause  ins such court will be tried de novo.  12-5    This page intentionally left blank.  12-6    Article 13 Administration  ARTICLE 13: ADMINISTRATION $13.01. Enforcement  13.01.01 Enforcing Officer. The provisions of this Ordinance are administered and enforced by the Zoning Official, who has the right to enter upon any premises at any reasonable time prior to thei issuance of Certificate of Occupancy toi inspect buildings or premises as necessary' to enforce this Ordinance. 13.01.02 Permit Required. Iti is unlawful to commence excavation fort the construction of any structure, including accessory: structures, signs or pools; or to commence the demolition of any structure; ort to store building materials or erect temporary field offices; or to commence the moving, or alteration (except repairs, painting or wall papering and work not changing the character oft the structure) of any structure, including accessory: structures, signs and advertising structures; until the Zoning Official has issued for any and all such work al building permit stating that plans have been reviewed for compliance with this Ordinance. Application for permits required under this Ordinance must be made toi the Zoning Official on forms provided for that purpose. The Council may from time to time building permit until such Official has reviewed such plans and found them in conformity with this Ordinance. Permit applications must be accompanied byt the materials listed in the Appendix and in sufficient detail to enable the Zoning Official to ascertain whether the proposal conforms tot this  set fees itf finds appropriate to various types of permits.  13.01.03 Plans Required for Building Permit. The Zoning Official may not approve any plans or issue any  Ordinance:  13.01.04 The Zoning Official forwards copies of the plans to the Fire Chief, Street Superintendent, Water  Board, and Police Chief for review and comment. The Zoning Official must provide the applicant with a decision on the application within two weeks of submittal. The reasons for disapproval, along with 13.01.05 Areproducible set of the final approved site plan must be submitted by the applicant and retained on filel by the Zoning Official. All subsequent building permits and subdivision plats submitted by the 13.01.06 An approved site plan becomes null and void if significant development does not commence within 13.01.07 Expiration of Building Permit. Any permit under which no construction work has been done above the foundation wall or other foundation support within six months from the date of issuance shall expire by limitation, but shall upon reapplication, be renewable, subject, however, to the provisions ofa any Ordinances in force at the time ofs said application for renewal. In no event shall any permit be  all review comments, will be stated in writing to the applicant.  applicant must bei in substantial accord with the final approved site plan.  121 months of approval.  renewed more than one time. 13.01.08 Certificate of Occupancy  A. No land or structure or part thereof hereafter erected, moved or altered in its use may be used until the Zoning Official has issued ac certificate of occupancy stating that such land or structure or part B. Within three days after the owner or his agent has notified the Zoning Official that al building or premises or part thereof is ready for occupancy or use, the Zoning Official must make at final inspection thereof, and issue a certificate of occupancy ift the building or premises or part thereofi is found to conform tot this Ordinance or, ift the certifiçate is refused, to state the refusal in writing with  thereof conforms to this Ordinance.  the cause.  13-1    C. The Board of Adjustment hears appeals from the decision oft the Zoning Official. One copy of the signed statement by the owner or owner's agent regarding the intended use oft the premises, and a  signed refusal (ifa any) is kept on file with the records oft the Zoning Official.  $13.02. Fees  As schedule off fees for consideration of all approvals, permits, certificates, and public hearings required under this Ordinance may be established byt the Council. Such fees are set to recover all costs incurred by the Cityi in  reviewing and processing zoning-related requests, including advertising fees.  $13.03. Development Plans  13.03.01 Development Plans int the Planned Business District must be reviewed by the Commission and approved byt the Council. Development Plans for multifamily, townhouse and other residential developments involving subdivision or resubdivision must be reviewed and approved by the  Commission as part of the plat approval process.  13.03.02 Applications for Development Plan approval must be submitted tot the Zoning Official and  accompanied by the application fee and a conceptual plan showing the entire development site and alls stages or phases andi illustrating the overall development concept. The Development Plan must be prepared by an engineer or architect registered int the State of Alabama andi must include the 13.03.03 Once approved, a Development Plani is binding on the development of the site, and each phase or stage must be substantially consistent with the Plan. The Zoning Official will cause work on the development to stop if it substantially deviates from the approved Plan. Before work may recommence, the Development Plan must be resubmitted to the approving authority for review and  materials listed in the Appendix.  approval. Any oft thei following constitutes a substantial deviation: A. Ani increase or reduction in the land area of the project site. B. Achange in thet total number, or int the type, of dwelling units approved.  Provision ofl less than the approved percentage of resource protection, recreation or open space  land.  D. Any significant addition, removal, or rearrangement ofl land uses or streets. been made toward implementation oft the development.  13.03.04 Approval ofal Development Plan expires 24 months after approval unless significant progress has  $13.04. Amendments  The provisions oft this Ordinance and the Zoning Map may be amended or repealed by the City Council in 13.04.01 Amendments may be initiated by the owner of the subject property or their authorized agent, the  accordance with the procedure stated herein.  Commission or the Council.  13.04.02 Action On Petition  A. Azoning amendment application and application fee must bes submitted to the Zoning Official at least 15 working days prior to the next regularly scheduled meeting oft the Commission to be B. After holding its public hearing on the matter, the Commission has 60 days to make  considered att that meeting.  recommendations to the Council. The recommendations of the Commission are advisory only. Failure  13-2    Article 13 Administration  oft the Commission to make its recommendation within the prescribed time constitutes a favorable Following receipt of the Commission's recommendation, a public hearing will be held by the Council, D. Notice of the time and place of public hearings will be given as required by state law. Written notice will be given to all owners of adjoining property and owners of property within 5001 ft of the subject property. An additional notice will be posted on or as near the site as possible to serve as visual 13.04.03 No action may bei initiated for an amendment to this Ordinance affecting the same parcel of land more than once a year, unless specifically authorized by the Council on the grounds that the circumstances and conditions relevant to the amendment request have changed significantly since  recommendation.  after which the Council will render its decision.  notification tot the public.  the prior hearing. $13.05. Statutory Review  Ina accordance with $11-52-11 oft the Code of Alabama, 1975, as amended, the Commission is authorized to review the character, location and extent of any public street, square, park or other public way, ground, open space or structure, or any major utility project, whether publicly or privately owned. The purpose of this review is to determine whether or not such projects are consistent withi the goals and policies of the Comprehensive  Plan. The Commission's findings and recommendations are transmitted to the Council.  $13.06. Penalties and Remedies  13.06.01 Any person, firm, corporation, or other organization which violates any provisions of this Ordinance will bei fined, upon conviction, not less than $25.00 nor more than $500.00 plus court costs for each offense. Each day the violation continues constitutes a separate offense. The conviction of a violation and imposition of any fine does not constitute an exemption from compliance with this Ordinance. In case any structure is constructed, reconstructed, altered, repaired, converted, or maintained; or any structure or land is used in violation of this Ordinance, the Zoning Official may seek an injunction or writ of mandamus or take other appropriate action or proceedings to stay or prevent occupancy of 13.06.02 Unlawful Structure.. Any uses of land or dwellings or construction or alteration of structures erected, altered, razed or converted in violation of any provision of this Ordinance are hereby declared to be a nuisance per se. The Zoning Official is hereby authorized to apply to a court of competent jurisdiction to abate the nuisance created by unlawful use ofas structure or land. When the Zoning Official has declared a structure to be in violation of this Ordinance, the owner or occupant must, within 72 hours from receipt of notification from the Zoning Official to vacate the premises, until the structure or premises has been made to conform to this Ordinance. Such notification will be A. By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner C. By posting and keeping posted for 72 hours, à copy of the notice ina conspicuous place on the  such structure or land.  provided:  with a person ofs suitable age and discretion; or  B. By depositing the notice int the United States as first class certified mail; or  premises to be repaired.  13-3    Appendix  Building Permit Application Requirements  1. Cover sheet with:  a) Name and location of the development; name, address and signature oft the owner; and, name,  address, and seal of the engineer and/ora architect; c) Zoning and existing and proposed land use oft the site; and d) Date, scale, north arrow, and number of streets. 2. The actual shape, proportion, and dimensions oft the lot to be built upon. already on the lot, both above and below grade. 4. The existing and intended use of alll buildings or other structures.  b) Vicinity map;  3. The shape, size, and location of all structures to be erected, altered, or moved, and of any structures 5. Site layout, including property dimensions, rights-of-way, easements, location and dimensions of all buildings (existing and proposed), setbacks, driveway access, off-street parking and loading, circulation, 6. The setback and side lines of buildings on adjoining lots and such other information concerning adjoining  screening, buffer yards, and landscaping.  lots as necessary for determining conformance with this Ordinance. 7. The location of fire lanes and fire hydrants with adequate water flow. 8. Deed restrictions and covenants pertaining to the subject property.  9. Drainage, paving, grading and excavation, erosion and sedimentation control plan, storm water detention,  floodplain management controls.  10. Public and private utilities, including sewage disposal system and water system.  Development Plan Submittal Requirements owner, developer and person drawing map 2. Site Plan, drawn to scale and showing (as applicable):  1. Vicinity map, north arrow, scale, accurate shape proportion and dimensions of the site, name of property  a) Existing and proposed topography of the site and the surrounding area at least two-foot contour intervals and showing the location of existing woodlands, streams, and other significant land features c) Rights-of-way and pavements, including dimensions of all streets and common drives within the  b) Existing land uses and development adjoining the project site. development and access to the surrounding public street system. d) The type, location, and dimensions of all existing and proposed structures  e) Location and dimensions of existing and proposed curb cuts, driveways, off-street parking and loading The location, extent, and approximate acreage of all resources protection, recreation, and open space  areas, walkways  lands and other common areas.  g) Location of all common amenities such as clubhouses, swimming pools, laundries, etc. h) Landscape plan showing the location and dimensions of buffers, screening, landscaping, walls and  fences  A-1    Location of all utilities and surface water drainage facilities. Location and proposed manner of illumination ofs signs  3. Drawings showing the appearance of principal buildings or typical dwellings and grounds 4. Awritten narrative, illustrated as appropriate, addressing thet following (as applicable): b) Number of acres and percentage designated for each proposed land use Total number of dwelling units proposed and the proposed density in units per acre d) Total floor area of proposed commercial or other nonresidential use e) Percentage oft the site to be covered by! buildings Number of employees excepted per shift  a) Ageneral description oft the proposal  g) Area proposed to be devoted to open space and description of all common amenities h) The proposed standards for the development of the project, including density standards, yard  requirements, lot sizes, and restrictive covenants Ap plan for the provision of utilities and storm drainage facilities  Plans for parking (including total number of parking spaces for the use proposed), loading, access, signage, and means of protecting adjacent areas from any potential adverse impacts k) Method for dedicating or reserving land or facilities for public use or fort the use of the property  owners int the project  5. Proposed restrictive covenants or other restrictions on the use of the property  6. Description of anye exceptions or variances, if any are being requested of the Board of Adjustments. 7. As statement defining the manner in which the Cityi is to be assured that alli improvements are to be  installed and maintained.  PRDI Development Plan! Submittal Requirements  1. Preliminary Development Plan. Drawings must be approximately to scale and include thet following: b) Site map: showing the property boundaries and ownership of abutting property.  a) Vicinity map: showing the location oft the proposed project.  c) Existing zoning map, indicating the zoning classification of thet tract and all properties within! 500ft  d) Existing site conditions map  e) Development plan showing the total project including:  1. Conceptual circulation plan, including whether streets willl be public or private, shown in relationship to external streets (with street name and existing right-of-wayv width noted) 3. Conceptual open space plan showing common areas to remaini in private ownership and proposed 4. Aproposed use plan showing the location of acreage of distinct use areas including:  2. Conceptual drainage plan public dedication sites, ifany  Type and number ofs structures to be built by area (i.e., detached single-family, attached single-  family, multifamily, retail, office)  Density of each residential development area calculated in gross acres  2    Appendix  f) Phasing plan, ifi involving multiple phases of development  2. Preliminary Development Plan Narrative:  a) Evidencei that the proposal is compatible withi the Comprehensive Plan description of community benefits to be achieved as described in $6.03  b) Evidence that the proposal meets the purpose for PUD development and community objectives and c) Preliminaryi information regarding normally required zoning and subdivision standards to be modified d) Ageneral description of any community facilities to be provided, such as school sites, fire stations or e) Preliminary information regarding restrictive covenants and form of ownership and maintenance of  and alternative standards to be proposed recreation facilities, ifa any  any common open spaces and facilities a) Total project plans and conditions:  3. PRDI Development Plan. Drawings must bet to scale and show the following:  1. Thep property boundaries, including metes and bounds easements within 300ft of the property. 3. Topographic map with five-foot contour intervals  2. An area map: showing the applicant's entire holding and all properties, streets, rights-of-way and 4. Phasing plan, ifa applicable, showing areas already developed, areas for which development approval is being requested, and areas fori future development with approximate timetable for  completion.  b) Development Plan showing the total project including:  1. Proposed use plan showing thel location and acreage of distinct land use areas including: Type and number of structures to be built by area (i.e., detached single-family, attacheds single-  family, multifamily, retail, office)  Density of each residential area calculated in net acres  2. Site plan showing location, use, scale and orientation ofa alll buildings other than detached single-  family dwellings  3. Conceptual lotting plan for attached and detached single-family dwellings  4. Thei internal street network: shown ini relationshipt to external streets with street name and existing 5. Conceptual drainage and utilities plan, including method of sewage disposal and location of such 6. Open space plan, including identification ofi improved and unimproved open spaces and area and 7. Parking master plan, including location and circulation pattern of all nonresidential and common 8. Signage master plan, including location, height and size of all freestanding signs 9. Landscaping plan, including location, overall dimensions and design approach to parking lot  right-of-way width noted facilities  overall dimensions ofe each required open space  parking areas  landscaping, screening, buffers and open spaces  A-3    10. Location and design ofl lighting facilities  4. PRDI Development Plan Narrative  a) Evidence that the proposal is compatible with the Comprehensive Plan description of community benefits to be achieved as described in $6.03  b) Evidence that the proposal meets the purpose for PRD development and community objectives and Prototype development plans and schedule to show lot sizes, setbacks, typical structure arrangements, d) Complete description of all normally required zoning and subdivision standards to be modified and e) Description of community facilities to be provided, such as school sites, fire stations or recreation facilities, or statements on which existing facilities willl be used byt the proposed residents oft the f) Proposed restrictive covenants including how any common open spaces and facilities aret to be owned  access and parking provisions proposed alternative standards  project  and maintained; design standards and method ofi implementation  Site Plan requirements for Temporary Uses  Site plans must be drawn to as scale not less than one inch =: 1001 ft and must show the following:  1. North arrow and scale 2. All property lines  3. Location with dimensions and use of all proposed and existing structures and portions oft the premises to  bec occupied by the temporary use 4. Location and dimensions of all parking areas 6. Location and direction of alle exterior signs and lighting 7. Location of all water and sewer taps 8. Location and type of alle electrical connections 9. Location of nearest fire hydrant  5. Location of all public streets, driveways, walkways and curb cuts to be used  10. Certification by registered traffic engineer that adequate provisions have been made for traffic management on the site. The Zoning Official may waive the certification if deemed unnecessary due to  intensity of use.  4    FORTRUCKER  4)  RECOMMENDED ZONING  RT R-MHF  M-1 M-2    ORDINANCE 02-20-24-A  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and hearings as required by law, and following recommendation oft the Planning Commission of the City of Enterprise, Alabama, previous Zoning Ordinance(s) and the. Zoning Map ofthe City of Enterprise, Alabama, adopted herein and on file int the Office of the City Clerk and the Office oft the City Engineering Department, City of Enterprise, is hereby amended and, as amended, shall reflect the A parcel of land belonging to Richard Bray being located in the City of Enterprise, Coffee County, BEGINNING at the Southeast corner ofL Lot 8, Block "J" of Bama Subdivision as found recorded in the Office oft the. Judge of Probate ofCoffee County, Alabama, in Plat Book 1, Page 47 as marked bya 1/2" Pipe; thence along the South line of said Block "J" bearing N 89040'47" Ea distance of 156.59 FT to the Southwest corner ofI Lot 11 of said Block "J" as marked by a 1-1/2" Axle; thence along said South line bearing N 89°43'22" Ea distance of 50.21 FT tot the Southeast corner ofa 20' Alley as marked by a Capped Pin stamped CA 062ILS; thence along said South line bearing N 89043'22" Ea distance of 59.91 FT toa Capped Pin stamped CA 0621LS; thence depart said Southl line bearing S 00005'36" Eac distance of 158.67 FTtoa Capped Pin stamped CA 0621LS; thence N 90900'00" W a distance of35.02 FTtoa Capped Pin stamped CA 0621LS being on the East line ofLot 34 of the Map of New-Addition tol Enterprise Ala. as found recorded in said Office in Miscellaneous Book 1, Page 134; thence along said East line bearing S 00°00'15" Ea distance of 351.39 FT to a Plow" Tine; thence along said East line bearing S 0091900" Ea distance of 788.54 FT to a Capped Pin stamped CA 062ILS; thence depart said East line bearing S 77046'19" W: a distance of 92.78 FT toa Capped Pin stamped CA 0621LS; thence S 06°01'06" Ea distance of 109.361 FT toa Capped Pin stamped CA 0621LS; thence S 07016/06" Ead distance of 125.85 FT to the North right of way (R/W) of Chambers Street (30 R/W) as marked by a Capped Pin stamped CA 062ILS; thence along said North R/W along a curve to the left havinga a delta angle of 08°08'32" witha a radius of 354.68 FT an arc length of 50.40 FT with a chord bearing of S 6104854" W: a chord distance of 50.36 FTto a Capped Pin stamped CA 0621LS; thence along said North R/W bearing S: 59°48'07" W: a distance of 369.55 FT to a Capped Pin stamped CA 0621LS; thence along said North R/W bearing S 62°00'58" Wa distance of 450.85 FT to a Capped Pin stamped CA 0621LS; thence along said North R/W bearing S 64°45'41" Wa a distance of91.11 FT to a Capped Pin stamped CA 0621LS; thence along said North R/W along a curve to the right having a delta angle of 08°26'35". with a radius of 200.29 FT an arc length of 29.51 FT with a chord bearing ofs 68°43'29" W: a chord distance of29.49 FT tot the intersection of said North R/W with the East R/W of Doster Street (60 R/W): as marked by a Capped Pin stamped CA 0621LS; thence along said East R/W along a curve tot the right having a delta angle of 02°22'09" with a radius of 9420.72 FT an arc length of 389.53 FT with ac chord bearing ofN 02051'56" Ea chord distance of 389.50 FT toa Capped Pin stamped CA 062ILS; thence along said East R/W: along a curve to the left havinga delta angle of0401250" with a radius of 8700.77) FT an arc length of6 639.92 FT with a chord bearing ofN 01949'47" Ea chord distance of 639.77FTto: a Capped Pin stamped CA 0621LS; thence along said East R/W bearing N 00°02'29" Ea distance of 654.58 FT tot the intersection ofs said East R/W with the North line of the Northwest 1/4 oft the Southwest 1/4 of Section 21, Township 41 North, Range 22 East as marked by a Capped Pin stamped CA 0621LS; thence along said East R/W bearing N 00°02'28" Eac distance of 117.28 FT toa 1/2" Pipe; thence depart said East R/W bearing N 90°00'00" Ea distance of 600.00 FT toa Capped Pin stamped CA 0621LS; thence N 00°00'00" Ea distance of 220.53 FT to said South line as marked by a Capped Pin stamped CA 0621LS; thence along said South line bearing N 89°39'13" Ea distance of 58.31FT to the POINT OFI BEGINNING. Said parcel being a part ofLots3 32-34 of said New Addition Subdivision and being located in the City of Enterprise, Coffee County, Alabama, in the SW 1/4 oft the NW 1/4 and the West 1/2 ofthe SW 1/4 of Section 21,T4N, R22E and containing 33.23 acres, more Said property, set out in detail in the records of the Planning Commission and described by Map A (R-75- S, Residential District)and B-1 (Business District) is amended and, as amended shall be: zoned and described by Map B(R-65, Residential District) which is attached hereto and isaj permanent part of the  follows:  following:  Alabama and being further described as follows:  or less.  Zoning Ordinance and] Map. Duly Passed and Adopted this  day of  2024.    ORDINANCE 02-20-24-A  Page 2  COUNCIL: Council President Turner Townsend District #5 Council Member Sonya W. Rich District#1 Council Member Eugene Goolsby District#2 Council Member Greg Padgett District #3 Council Member Scotty Johnson District #4  ATTEST: Beverly Sweeney City Clerk  Transmitted to the Mayor this Beverly Sweeney City Clerk  day of  2024.  ACTION OF THEI MAYOR: Approved this William E. Cooper Mayor  day of  2024.  ATTEST: Beverly Sweeney City Clerk    City of Enterprise  Department of Engineering Services & Public' Works  501 S Main Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  PRO  REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.0. Box 311000, Enterprise, AL36331 PLEASE PRINT OR' TYPETHE. APPIICATION. REZONING AND. ANNEXATION MUSTE BE FILEDI FORI BYTHE LANDOWNER(S).  Richard Bray  APPLICANT NAME: PROPERTY OWNER: (Ifothert than Applicant)  CONTACT PERSON: Phillip E. Santora, PE, PLS ACREAGE OF PROPERTY: 33.23  408 Chambers Street  ADDRESS OR LOCATION OF PROPERTY: (Address must be: approved by the E-911 Coordinator)  R-75-S8 &B-1  R-65  PRESENT ZONING: CONTACT INFORMATION: MAILING. ADDRESS: 2431 Hartford Hwy (ifdifferent from above) Street Telephone No(s): 334-673-9895 E-Mail: psantora@nortnstarengineering.com  REQUESTED ZONING:  Dothan, AL 36305 City/State/ZIP  lacknowledge that Ihave received a copy of the Rezoning Checklist, and Iunderstand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by the Building official, at least one Public Notice sign must be placed lacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format of the sign(s) must conform to the Planning lacknowledge that it is the policy of the Planning Commission not to consider a rezoning request unless all of the  requested.  along each street which the property fronts.  Commission's requirements.  requirements of the Rezoning Checklist have been met. PRINTED NAME: Richard Bray REPRESENTATIVE, Phillip E. Santora DEADLINE FOR PUBLIC NOTICE: SIGN:  OWNER SIGNATURE: SIGNATURE: 01-29-24    (Consult Planning Department)  PIeghnAe-wriNs Forms, Revised 2023-11    MAP A PRESENT  ZONE  R-65  R-75-S  SE  MAP B PROPOSED  REZONE  R=75-S  R-65  -  PE-I    REZONING REQUEST FOR RICHARD BRAY DOSTER STREET & CHAMBERS STREET LOCAIED IN TMES SOUTHMEST 1/+. oF MHE. NORTHAEST 1/4 AND, SECNON 24, WNSP 22 EAST. AND CONTAINING 33.234 ACRES. CURRENT ZOING: ZOLNC JANUAR 2024 VNER RICHARDERAY RUAD; 36322  PRO.ECT No, 0165-23 DATE: .2314 SCALE: "-1oc ERTY DRAMAN BT:  5021  PROPOSED: AREAT TOBEI REZONED FROMR-75-SAB- TOR-65 33.23+ ACRES  DOSTER  PROJECT LOCATION  R-i  FT OTAL DSTRCT., 20NG. R-53 ARSNC CORAC o1) DEPR e VSMESS/NESONTAL DSRACT.AF MORN VAB Turos SIREET, F (LET/STORES).. 3/2SIORES  /A OSTRICT.. 2FT STORES  BWES-203S  SHEET 1    RTHSTAR  ENGINERINGSERVICES  January 8, 2024  Enterprise Planning Commission P.O. Box 311000 Enterprise, AL 36331  RE: Al REZONING FOR RICHARD BRAY 408 CHAMBERS STREET ENTERPRISE, ALABAMA  To whom it may concern,  Northstar Engineering Services, Inc. has been retained to provide engineering services required for the rezoning of property located at 408 Chambers Street in Enterprise, AL. Northstar is authorized as my representative regarding this request. If you should have any questions or  need any additional information, please feel free to contact me.  Sincerely,  MEZ  Richard Bray Owner  2431 HARTFORD HWY DOTHAN, AL: 36305  WWW.NORTHSTARENGINEERING.COM  OFFICE: (334) 673.9895 FAX: (334)673.1846    ORDINANCE 02-20-24-B  BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and hearings as required by law, and following recommendation of the Planning Commission oft the City of Enterprise, Alabama, previous Zoning Ordinance(s) and the Zoning Map of the City of Enterprise, Alabama, adopted herein and on file in the Office oft the City Clerk and the Office ofthe City Engineering Department, City of Enterprise, is hereby amended and, as amended, shall reflect A parcel ofl land belonging to 2F4B LLCI being located in the City of Enterprise, Coffee County, Alabama LEGALDESCRIPTION (AS SURVEYED) COMMENCE ATAI FOUND 1/2" REBAR CAP(PLS CA#1067-LS): MARKING THE NORTHWEST CORNER OF LOTI 1,OF HUNTERS HILL WAY PLATNO.3, AS RECORDED INI PLAT BOOK 4,1 PAGE 64, COFFEE COUNTY, ALABAMA AND FROM SAID POINT OF BEGINNING; THENCE ALONG THE: NORTHLINE OF SAIDLOTIS 63°29'07" EAI DISTANCE OF 74.31 FEETTOA 1/2" REBAR CAP (PLS CA#1067-LS); THENCE CONTINUE. ALONG 1/2" REBAR CAP (PLS CA#1067-LS); THENCE CONTINUE ALONG SAID LOT LINE S 58°22'47" EAI DISTANCE OF 21.001 FEET TO A 1/2" REBAR CAP(PLSS58-2247 E AI DISTANCE OF 21.00 FEET TO A 1/2" REBAR CAP (PLS 1/2" REBAR CAP( (PLS CA#1067-LS); THENCE LEAVING SAIDLOTI LINEN2 21°09'39" EAI DISTANCE OF 653.23 FEET TOA N 21909'39" EAI DISTANCE OF 653.23 FEETTOA 1/2" REBAR CAP (PLS CA#1067-LS) ONTHE SOUTH RIGHT OF WAY LINE OF PORTER LUNSFORD ROAD (80" R/W); THENCE, ALONG SAIDI ROAD: S 89°41'23" W. A DISTANCEOF 107.41 FEETTO A; THENCE. ALONG SAID ROADS 89°41'23" W A DISTANCE OF 107.41 FEETTO. A 1/2" REBAR CAP (PLS CA#1067-LS); THENCE LEAVING SAIDI RIGHT OF WAYI LINE: $2190930" W A; THENCE LEAVING SAID RIGHT OF WAYI LINE $21909'30" W A DISTANCE OF 753.09 FEETTOA 1/2" REBAR CAP (PLSCA1067- LS) ON THE1 NORTH RIGHT OF 1/2" REBAR CAP( (PLS CA#1067-LS) ON THE NORTH RIGHT OF WAY LINE OF HUNTERS HILL WAY; THENCE ALONG SAID RIGHT OF WAYLINE IN A CURVE" TO THE;THENCE ALONG SAIDI RIGHT OF WAY LINE IN A CURVETO THE RIGHT HAVING A RADIUS OF 525.06 FEET, AN ARCI LENGTH OF 5.31 FEET, WITH A CHORD BEARING ANDI DISTANCE OF S 66°18'00" E, 5.31 FEETTO. A 1/2" REBAR CAP (PLS CA#1067- LS); THENCE 1/2" REBAR CAP (PLS CA#1067-LS); THENCE; ; THENCE CONTINUE. ALONG SAIDI RIGHT OF WAYI N:21°0916" E. Al DISTANCE OF 23.281 FEETTO A 1/2" 1/2" REBAR CAP (PLSCA#1067-LS); THENCELEAVING: SAID RIGHT OF WAY ALONG THE WESTLINE OF; THENCE! LEAVING SAID RIGHT OF WAY ALONG THE WESTLINE OF THE ABOVE MENTIONED: LOTIN2I-OPIGEA DISTANCE OF 126.871 FEETTOTHE POINTOF BEGINNING. SAID PARCEL: LYING IN ANDI BEING A PART OF SECTION3,TOWNSHP NORTH, RANGE 22 EAST, COFFEE COUNTY, ALABAMA ANDCONTAINING 1.46 ACRES, Said property, set out in detail in the records of the Planning Commission and described by Map A (R-65, Residential District) is amended and, as amended shall be: zoned and described by Map B (B-3, Business District) which is attached hereto andi isaj permanent part oft the Zoning Ordinance and Map.  follows:  the following:  and being further described as follows:  ALSO BEING THE POINT OF BEGINNING.  MORE OR LESS.  Duly Passed and Adopted this  day of  2024.  COUNCIL: District #5 District #1 District #2  Council President Turner Townsend Council Member Sonya W. Rich  Council Member Eugene Goolsby  ATTEST: Beverly Sweeney City Clerk    ORDIMANCE022024B  Page 2  Council Member Greg Padgett District #3 District #4  Councill Member Scotty Johnson  Transmitted tot the Mayor this Beverly Sweeney City Clerk  day of  2024.  ACTION OF THE MAYOR: Approved this William E. Cooper Mayor  day of  2024.  ATTEST: Beverly Sweeney City Clerk    City of Enterprise 501 SI Main Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  Department of Engineering Services & Public' Works  REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.O. Box: 311000, Enterprise, AL36331 PLEASEI PRINT OR1 TYPE1 THE APPLICATION. REZONING AND. ANNEXATION MUST BEI FILEDE FOR BYTHEI LAND OWNER(S).  Engineering, LLC  Kade Brunson  APPLICANT NAME: Boyd PROPERTY OWNER: 2F4B LLC (Ifother than Applicant)  CONTACT PERSON: ACREAGE OF PROPERTY: 1.41+ +/-  ADDRESS OR LOCATION OF PROPERTY: 2900P PORTER LUNSFORD RD, ENTERPRISE, AL36330  (Address must be: approved by thel E-911 Coordinator) PRESENT ZONING: R65 CONTACT INFORMATION: MAILING ADDRESS: (ifdifferent from above) Street Telephone No(s):. E-Mail:  REQUESTED ZONING: B3  2101 E GRUBBS ST, SUITE1 (334)389-0182  ENTERPRISE, AL 36330 (334)389-4868  City/State/ZIP  adehrunsoneboylengineringlc.com, dalasboyd@boydengineeringic.com  lacknowledge that I have received a copy oft the Rezoning Checklist, and Iunderstand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is Iacknowledge that, unless otherwise determined byt the Building official, at least one Public Notice sign must be placed Iacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format ofthe sign(s) must conform to the Planning lacknowledge that it is the policy of the Planning Commission not to consider a rezoning request unless all of the  requested.  along each street which thej property fronts.  Commission's requirements.  requirements of the Rezoning Checklist have been met.  Frank Thomas Kade Brunson  PRINTED NAME: REPRESENTATIVE:  OWNER SIGNATURE: SIGNATURE:  Kade Brunaon (Consult Planning Department)  DEADLINEI FORPUBLICNOTICESIGN: 1/29/2024  PiEnghnermalfagnerims Forms, Revised 2023-11    MAP A 1 PRESENT  REZONE  PORTER LUNSFORD RD  R-65  HUNTERS  AILN WAP  MAP BPROPOSED  REZONE  PORTER LUNSFORD RD  R-65  HUNTERS  AILL a    48534,.4    3-01-0027-027-2024  U.S. Department ofTransportation Federal Aviation Administration  Airports Division Southern Region Alabama, Mississippi  Jackson Airports District Office: 100 Canebrake Blvd. Suite: 100 Flowood, MS 39232  February9,2024 Honorable William E. Cooper Mayor of Enterprise Post Office Box 311000 Enterprise, AL 36331-1000 coopereenterprsealgor Dear Mayor Cooper:  The Grant Offer for the Bipartisan Infrastructure Law (BIL) Airport Infrastructure Grant (AIG) Project No. 3-01-0027-027-2024 at Enterprise Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make any modification to the text, terms or conditions of the grant offer.  Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person: signing the document must bet the sponsorsauthorzed representativels) 2. The authorized representative must execute the grant by adding their electronic signature to 3. Once the authorized representative has electronically signed the grant, the sponsor'sattoreyls) 4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the 5. Ifthere are co-sponsors, the authorized representative(s) and sponsor'sattorneyls) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be 6. The fully executed. grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2CFR S 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship oft these Federal funds. We  following:  (hereinafter "authorized representative).  the appropriate certificate at the end of the agreement. will automatically receive an email notification.  agreement.  obtained and finalized no later than March 8, 2024.  Airport SponsorsA Assurances Bipartisan! Infrastructure! Law  Pagelof33    3-01-0027-027-2024  expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws ona a regular basis, which will affect your abilityt to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as  FAA in advance. follows:  For all grants, you must submit by December 315 ofe each year this grant is open: 1. As signed/dated SF-270 (Request for Advance or Reimbursement for non-construction. projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for  Construction Programs), and 2. An SF-425 (Federal Financial Report). 30 days of the end of the Federal fiscal year.  Forr non-construction projects, you must submit FAAI Form 5100-140, Performance Report within For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days oft the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, your must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $750,000 orr more in Federal awards to conduct a single or program specific audit fort that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout FAA Contact Information. Luke Flowers, (769) 268-6977, uke.lowers@laagov is the assigned program manager fori this grant and is readily available to assist you and your designated representative with the We sincerely value your cooperation in these efforts and look forward to working with you to complete  audit requirements and standards.  documentation as required by your Region/Airports District Office.  requirements stated herein. this important project. Sincerely,  Kk  Rans D. Black Manager  CC: Jason Hare, nares@dotstateal.us Barry Mott, bmott@enterprsealgoy  Airports SponsorsA Assurances Bipartisani Infrastructure! Law  Page2of33    3-01-0027-02/-2024  U.S. Department ofTransportation Federal Aviation Administration  FY 2024 AIRPORT INFRASTRUCTURE GRANT  GRANT AGREEMENT PartI-Offer  Federal Award Offer Date Airport/Planning Area  February9,2024 Enterprise Municipal Airport  FY2024 AIG Grant Number 3-01-0027-027-2024  Unique Entity Identifier TO: City of Enterprise  M7TNMTTM6C74  (herein calledt the" "Sponsor") (For Co-Sponsors, list all Co-Sponsor names." The word' "Sponsor" int this Grant Agreement also  appliest toad Co-Sponsor.)  This grant channels through the State of Alabama.  FROM: The United States of America (acting through the Federal Aviation Administration, herein  called the' "FAA")  WHEREAS, the Sponsor has submitted to the FAA al Project Application dated [project application date), fora a grant of Federal funds for a project at or associated with the [airport name or planning area), which WHEREAS, the FAAI has approved a project for the [airport name or planning area] (herein called the Construct Corporate Hangar (Phase 1-D Design, Concrete, Sitework, Erosion Control, Utilities) NOW THEREFORE, Pursuant to andi for the purpose of carrying out the Infrastructure Investment and Jobs Act (Public Law: 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL); and the representations contained int the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification oft the Grant Assurances attached hereto; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue tot the United States and the public from the accomplishment of the Project  isi included as part of this Grant Agreement; and "Project") consisting of thei following:  which is more fully described in the Project Application.  and compliance with the Grant Assurance and conditions as herein provided;  Airports Sponsors  Bipartisanl  law  Page3of33    3-01-0027-027-2024  THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay [fed share percentage: amount] percent of the allowable costs incurred  accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106  This Offer is made on and SUBJECTTOTHE FOLLOWING TERMS AND CONDITIONS:  CONDITIONS  1. Maximum Obligation. The maximum obligation of the United States payable under this Offeris The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. $ 47108(b): $448,000 airport development or noise program implementation; and,  [obligation amount).  $0 for planning $0 for land acquisition. a. Period of Performance:  2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:  1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which mayi include one or more funded portions or budget periods (2  beyond the closeout of this Grant Agreement. Code of Federal Regulations (CFR) )$200.1).  b. Budget Period:  1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph (2)(a)(1). Pursuant to 2CFR 5200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. Eligible project-related costs incurred on or after November 15, 2021 that comply with and all Federal funding procurement requirements and FAA standards are allowable 2. Means the time interval from the start date ofa funded portion of an award to the end date oft that funded portion during which the Sponsor is authorized to expend the funds awarded, including anyf funds carried forward or other revisions pursuant to 2CFR $2 200.308. 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. Ift the Sponsor does not submit all required closeout documentation within this time period, the FAA will  costs.  Close Out and Termination  Airport Sponsors Assurances Bipartisan!  Law  Page4of33    3-01-0027-027-2024  proceed to close out the grant within one year of the Period of Performance end date with 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forthi in 20 CFRS $200.340, or other Federal regulatory or statutory authorities as applicable. 3. Ineligible or Unallowable Costs. The Sponsor must noti include any costs in the project that the FAA 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost ratei identified in the project application as accepted by the FAA, to allowable costs for 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. 54 47109, the regulations, policies, and procedures oft the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement willl be made for any upward or downward adjustments to the Federal share of 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, BIL (Public Law 117-58), the regulations, and the Secretary's policies and procedures. Per 2CFR $200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to 7. Amendments or Withdrawals before Grant Acceptance. The FAAI reserves the right to amend or 8. Offer Expiration Date. This offer will expire andi the United States will not be obligated to pay any part of the costs oft the project unless this offer has been accepted by the Sponsor on or before March 8, 2024, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval oft the Secretary as to any determination of the amount oft the Federal share ofs such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, orj judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property ori injury to persons which may arise from, or bei incident to, compliance with 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).  thei information available at the end of 120 days (2CFR$200.344).  has determined to be ineligible or unallowable.  Sponsor direct salaries and wages.  costs.  complywith the grant assurances, which are part of this Agreement. withdraw this offer at any time prior to its acceptance by the Sponsor.  this Grant Agreement.  Airports Sponsors AssurancesB Bipartsaninfastructurel Law  Pagesof33    3-01-0027-027-2024  a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR S 25.110, the Sponsor must maintain the currency of its information int the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at htp/wwwsam.gow. b. Unique entity identifier (UEI) means a: 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at 12. Electronic Grant Payment/s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for 13. Informal Letter Amendment of BIL Projects. If, during the life of the project, the FAA determines that the maximum grant obligation oft the United States exceeds the expected needs oft the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue al letter amendment to the The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs toc cover the amount oft the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority toi increase the maximum obligation does not apply to the The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items ift the FAA finds it advantageous and in the best An informal letter amendment has the same force and effect as at formal grant amendment. 14. Air and Water Quality. The Sponsori is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal oft timely and accurate 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. $50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel orr manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy 17. Build America, Buy American. The Sponsor must comply with the requirements under the Build 18. Maximum Obligation Increase. In accordance with 49 U.S.C. S 47108(b)(3), as amended, the maximum obligation of the United: States, as stated in Condition No. 1, Maximum Obligation, of this  tips/amgov/ontent/entiperessration  Department ofTransportation (DOT) Financial Assistance Awardees.  Sponsor unilaterally reducing the maximum obligation.  "planning" component of Condition No. 1, Maximum Obligation.  interests of the United States.  Agreement. reports.  American in every contract and subcontract awarded under this Grant.  America, Buy America Act (Public Law 117-58).  Grant:  Airports Sponsors Assurances Bipartisan! Infrastructure! Law  Page6of33    3-01-0027-027-2024  a. May not bei increased for a planning project;  b. May bei increased by not more than 15 percent for development projects, iffunds are available; May be increased by not more than the greater oft the following for a land project, if funds are  available: 1. 15 percent; or interest in the land.  2. 25 percent oft thet total increase in allowable project costs attributable to acquiring an Ifthe Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in BIL (Public Law 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which thei increase is funded. The FAAI is not responsible for the same Federal share provided herein for any amount increased over thei initial grant amount. The FAAI may adjust the Federal share as applicable through an informal letter of  amendment. 19. Audits for Sponsors. 180.200, the Sponsor must:  20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2CFRS a. Verify the non-Federal entity is eligible to participate in this Federal program by:  1. Checking the esponsbity/Qualricaton records in the Federal Awardee Performance and Integrity Information System (FAPIIS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting they are not 3. Adding a clause or condition to covered transactions attesting the individual or firm are not b. Require prime contractors to comply with 20 CFRS $ 180.330 when entering into lower-tier Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars  excluded or disqualified from participating; or excluded or disqualified from participating. transactions with their contractors and sub-contractors.  acontractor, person, ore entity. 21. Banon' Texting While Driving.  a. Ina accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the  December 30, 2009, the Sponsor is encouraged to:  business, such as:  Establishment ofr new rules and programs or re-evaluation of existing programs to  prohibit text messaging while driving; and  Airports Sponsors Assurances Bpantsnlufasnuturelnw  Page7of33    3-01-0027-027-2024  ii. Education, awareness, and other outreach to employees about the safety risks b. The Sponsor musti insert the substance oft this clause on banning texting while driving in all  associated with texting while driving.  subgrants, contracts, and subcontracts funded with this Grant.  22. Trafficking in Persons.  a. Posting of contact information.  1. The Sponsor must post the contact information oft the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all  public airport restrooms.  b. Provisions applicable to a recipient that is a private entity.  1. You as the recipient, your employees, subrecipients under this Grant, and subrecipients  employees may not:  Engage in severe forms oft trafficking in persons during the period of time that the Grant ii. Procure a commercial sex act during the period oft time that the Grant and applicable iii. Use forced labor int the performance of the Grant or any subgrants under this Grant. 2. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty,  and applicable conditions arei in effect; conditions are in effect; or  ifyou oras subrecipient that is a private entity-  Isdetermined to have violated a prohibition in paragraph (a) oft this Grant Condition; or ii. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition inj paragraph (a) oft this Grant Condition through  conduct that is either- -  a) Associated with performance under this Grant; or  b) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement," as implemented by our agency at 20 CFR Part1 1200.  Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this Grant, without penalty, ifas subrecipient thati is aj private 1. Isc determined to have violated an applicable prohibition in paragraph (a) of this Grant 2. Has an employee who is determined by the agency official authorized to terminate the Grant tol have violated an applicable prohibition in paragraph (a) of this Grant Condition  entity- =  Condition; or  through conduct that is either- -  i. Associated with performance under this Grant; or  ii. Imputed to the subrecipient using the standards and due process fori imputing the conduct of an individual to an organization that are provided in 2CFR Part180, "OMB  Airports SponsorsA Assurances Bipartisan Infrastructurel Law  Page8of33    3-01-0027-027-2024  Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement," as implemented by our agency at 20 CFR Part 1200.  d. Provisions applicable to any recipient.  1. Your must inform us immediately of anyi information you receive from any source alleginga 2. Our right to terminate unilaterally that is described in paragraph (a) or (b) oft this Grant  violation ofap prohibition inj paragraph (a) of this Grant Condition.  Condition:  Implements section 106(g) oft the Trafficking Victims Protection Act of 2000 (TVPA), as ii. Isina addition to all other remedies for noncompliance that are available to us under this 3. You must include the requirements of paragraph (a) of this Grant Condition in any subgrant  amended [22 U.S.C. $7104(g)L, and  Grant.  you make to a private entity. . Definitions. For purposes of this Grant Condition: 1. "Employee" means either:  Ani individual employed by you or as subrecipient who is engaged in the performance of ii. Another person engaged in the performance of the project or program under this Grant and not compensated by youi including, but not limited to, a volunteer or individual whose services are contributed bya at third party as an in-kind contribution toward cost 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection toi involuntary: servitude,  the project or program under this Grant; or  sharing or matching requirements.  peonage, debt bondage, or slavery.  3. "Private entity":  Means any entity other than a State, local government, Indian tribe, or foreign public  entity, as those terms are defined in 2CFR5175.25.  ii. Includes:  a) Anonprofit organization, including any nonprofit institute of higher education, hospital, or tribal organization other than one included in the definition ofl Indian  tribe at2CFRS175.25D,. b) Afor-profit organization.  4. "Severe forms oft trafficking in persons," "commercial sex act,"and' "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. $7102). 23. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described int the projecta application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement  isr removed from an approved PFC application by amendment.  Airports Sponsors Assurances Bipartisan! Infrastructure! Law  Page9of33    3-01-0027-027-2024  24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated December 5, 2018, is incorporated herein by reference or is submitted with the project application and made part oft this Grant  Agreement.  25. Employee Protection from Reprisal. a. Prohibition of Reprisals.  1. Inaccordance with 41 U.S.C. $ 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of:  Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds;  ii. An abuse of authority relating to implementation or use of Federal funds; iv. Asubstantial and specific danger to public health or safety; or V. Aviolation of law, rule, or regulation related to a Federal grant.  2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee  iscovered are as follows: ii. An Inspector General;  Amember of Congress or a representative of a committee of Congress;  ii. The Government Accountability Office;  iv. AFederal employee responsible for contract or grant oversight or management at the  relevant agency; V. Acourt or grand jury;  vi. Amanagement official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. Anauthorized official of the Department of Justice or other law enforcement agency. 1. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) oft this Condition may submit a complaint regarding the reprisal to the Office ofl Inspector General (OIG) for the U.S. Department of Transportation. 2. Time Limitation for Submittal ofa Complaint. A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 3. Required Actions oft the Inspector General. Actions, limitations, and exceptions of the OIG's  b. Investigation of Complaints.  office are established under 41 U.S.C. 94 4712(b). Remedy and Enforcement Authority.  1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG, the person submitting a complaint assumes  the right to a civil remedy under 41 U.S.C. $4 4712(c)(2).  Airport Sponsors Assurances Bipartisan! Infrastructure! law  Page 10of33    3-01-0027-027-2024  26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory: standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization. Act [Public Law 115-232 S 889(f)(1)] and 2 CFR S 200.216. 27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges thati it has considered and addressed physical and cybersecurity: and resilience in their project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not! have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and  Federal Security Directori identified for security risk Category Xa airports.  Airports Sponsors Assurances Bipartisani Infrastructure! law  Page1 11of33    3-01-0027-027-2024  SPECIAL CONDITIONS  28. Plans and Specifications Prior to Bidding. The Sponsor agrees that it will submit plans and 29. Consultant Contract and Cost Analysis. The Sponsor understands and agrees that no reimbursement will be made on the consultant contract portion of this Grant until the FAAI has received the consultant contract, the Sponsor's analysis of costs, and the independent fee estimate. 30. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Ordersin effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the  specifications for FAA review prior to advertising for bids.  Future Is Made in All of America by All of America's' Workers.  Airports Sponsors AssurancesE Bipartisan! Infrastructure! Law  Page1 120f33    3-01-0027-027-2024  The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do sO, you may request to receive paper copies and  Agreement shall become effective upon the Sponsor's acceptance of this Offer.  withdraw your consent at any time.  Ideclare under penalty of perjury that the foregoing is true and correct.1  UNITEDSTATES OF AMERICA FEDERALAVIATION ADMINISTRATION Kobik  (Signature) (Typed Name) (TitleofFAAOficial)  Rans D. Black  Manager, Jackson. Airports District Office  1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.  $1001 (False Statements) and could subject you to fines, imprisonment, or both.  Airport SponsorsA Assurances Bipartisan Infrastructure Law  Page13of33    3-01-0027-027-2024  Partll-Acceptance  The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained int the Project Application and incorporated materials referred to int thet foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions int this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do sO, you may request to receive paper copies and  withdraw your consent at any time.  Ideclare under penalty of perjury that the foregoing is true and correct.2  Dated  City of Enterprise (Name of Sponsor)  (Signature of Sponsor'sAuthorized' Official) (Typed Name ofponsa'sAuthorited' Official) (Title of Sponsor's Authorized Official)  By: Title:  21 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.  $1001 (False Statements) and could subject you to fines, imprisonment, or both.  Airport Sponsors Assurances Bipartisan! Infrastructurelaw  Page1 140f33    3-01-0027-027-2024  CERTIFICATE OF SPONSOR'S ATTORNEY  I,  acting as Attorney for the Sponsor do hereby certify:  That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Alabama Further, Ihave examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and. Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL), Division J, Title VIII; and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, itisr my opinion that the said Grant Agreement constitutes al legal and binding obligation of the Sponsor Please read thet following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures inl lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and  in accordance with the terms thereof.  withdraw your consent at any time.  Ideclare under penalty of perjury that the foregoing is true and correct.3  Dated at  By:  (Signature of Sponsor'sAttorney),  3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. $1001 (False Statements) and could subject you to fines, imprisonment, or both.  Airports Sponsors Assurances Bpantisanlfnsnswelw  Page 15of33    3-01-0027-027-2024  ASSURANCES AIRPORT SPONSORS  A. General.  1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Public Law 117-58, Division. J, Title VIII, as amended. As used herein, the term "public agency sponsor" means a public agency with control ofa public-use airport; the term "private sponsor" means a private owner ofa public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance oft this grant offer by the sponsor, these assurances arei incorporated in and  become part of this Grant Agreement.  B. Duration and Applicability.  1. Airport development or Noise Compatibility Program Projects Undertaken bya a Public Agency The terms, conditions and assurances of this Grant Agreement shall remain int full force and effect throughout the useful life of the facilities developed or equipment acquired foran airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance ofag grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue sO long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within at facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.  Sponsor.  Rights assurance shall be specified in the assurances.  3. Airport Planning Undertaken by a Sponsor.  Unless otherwise specified ini this Grant Agreement, only Assurances 1, 2,3,5,6,13,18,23,25, 30,32, ,33, 34, and 37 in Section Capply to planning projects. Thei terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and  Airport Revenue so long as the airport is used as an airport.  Airport Sponsors AssurancesE Bipartisanl Infrastructure! law  Page 160f33    3-01-0027-027-2024  Sponsor Certification.  The sponsor hereby assures and certifies, with respect to this grant that:  1. General Federal Requirements  Itwill comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant  including but not limited to the following: a. 49U.S.C.: subtitle VII, as amended.  FEDERAL LEGISLATION  b. Davis-Bacon Act, as amended 40U.S.C. 55 3141-3144, 3146, and3 3147, etseq..  Federal Fair Labor Standards Act-29 U.S.C. $201, etseq.  d. Hatch Act-5US.C.51501, et seq.?  . Uniform Relocation Assistance and Real Property Acquisition Policies Act of1 1970, 42U.S.C. f. National Historic Preservation Act of 1966 - Section 106-5 54 U.S.C. S 306108.1 Archeological and Historic Preservation Act of 1974- - 54 U.S.C. S 312501, et seq.. h. Native Americans Grave Repatriation Act- -25 U.S.C. 53 3001, et seq. Clean Air Act, P.L. 90-148, as amended- - 42 U.S.C. $7401, et seq. Coastal Zone Management Act, P.L. 92-583, as amended- 1 16U.S.C. $1451, etseq. k. Flood Disaster Protection Act of 1973 - Section 102(a)- - 42U.S.C. $4 4012a.  54601, et seq.1,2  49U.S.C. S 303, (formerly known as Section 4(f)) m. Rehabilitation. Act of 1973 - 29 U.S.C. S 794.  n. Title VI oft the Civil Rights Act of 1964 (42 U.S.C. S 2000d et seq., 78 stat. 252) (prohibits 0. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. S 12101 et seq.) (prohibits  discrimination on the basis of race, color, national origin); discrimination on the basis of disability).  p. Age Discrimination Act of 1975 -4 42 U.S.C. $6101, et seq. American Indian Religious Freedom Act, P.L. 95-341, as amended. Architectural Barriers Act of 1968, as amended- - 42U.S.C. $ 4151, et seq.. Powerplant and Industrial Fuel Use Act of 1978 - Section 403-42U.S.C. $8373.! Contract Work Hours and Safety Standards Act-4 40U.S.C. $3701, et seq. V. National Environmental Policy Act of 1969 -42 U.S.C. $ 4321, et seq.1 W. Wild and Scenic Rivers Act, P.L. 90-542, as amended- - 16U.S.C. $1 1271, et seq.  u. Copeland Anti-kickback Act- -18U.S.C. $874.1  X. Single Audit Actof1984-31 U.S.C. $7501, et seq.?  Airports Sponsors Assurances Bipartisan Infrastructure! law  Page1 170f33    3-01-0027-027-2024  y. Drug-Free Workplace Act of 1988 = 41 U.S.C. SS 8101 through 8105.  Z. The Federal Funding Accountability and Transparency. Act of 2006, as amended (Pub. L.: 109-282,  as amended by section 6202 of Pub. L.: 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX. a. Executive Order 11246-1 Equal Employment Opportunity" b. Executive Order 11990- -P Protection of Wetlands Executive Order 11998 - Flood Plain Management  ExECUTIVE ORDERS  d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building  Construction'  Executive Order 12898 = Environmental Justice  Executive Order 13166-1 Improving Access to Services for Persons with Limited English h. Executive Order 13985- - Executive Order on Advancing Racial Equity and Support for  Proficiency  Underserved Communities Through the Federal Government  Executive Order 13988 Preventing and Combating Discrimination ont the Basis of Gender Identity Executive Order 14005 - Ensuring the Future is Made in all of America by All of America's  or Sexual Orientation Workers  k. Executive Order 14008 -1 Tackling the Climate Crisis at Home and Abroad  FEDERAL REGULATIONS  a. 2CFRPart180- OMB Guidelines to Agencies on Governmentwide Debarment and Suspension b. 2CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements  Nonprocurement). for Federal Awards. 4,5  C. 2CFRPart1200- Nonprocurement Suspension and Debarment. d. 14 CFR Part13-1 Investigative and Enforcement Procedures. f. 14CFR Part 150- Airport Noise Compatibility Planning.  e. 14 CFR Part 16- Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. g. 28 CFR Part 35- Nondiscrimination on the Basis of Disability in State and Local Government h. 28CFRS503-US. Department of. Justice Guidelines for the Enforcement of Title VI of the Civil  Services. Rights Act of 1964.  29 CFRPart1- Procedures for Predetermination of Wage Rates.  Airport Sponsors Assurances Bipartisanlafastructure law  Page 180f33    3-01-0027-027-2024  29CFR Part 3 - Contractors and Subcontractors on Public Building or Public Work Financed in k. 290 CFR Part! 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 41CFR Part 60- Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contractingreguremens). n. 49 CFR Part21-N Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of1964. 0. 49 CFR Part 23-F Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24- - Uniform Relocation Assistance and Real Property Acquisition for Federal and q. 490 CFR Part: 26-1 Participation by Disadvantaged Business Enterprises in Department of  Whole or in Part by Loans or Grants from the United States.  m. 490 CFR Part 20 - New Restrictions on Lobbying.  Federally-Assisted Programs..,2  Transportation Financial Assistance Programs. Federal Financial Assistance.  49 CFR Part: 27- Nondiscrmination on the Basis of Disability in Programs or Activities Receiving S. 49 CFR Part 28 -E Enforcement of Nondiscrimination on the Basis of Handicapi in Programs or Activities Conducted by the Department of Transportation. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 490 CFR Part 32- Governmentwide Requirements for Drug-Free Workplace (Financial V. 49CFR Part37-Transportation Services for Individuals with Disabilities (ADA). W. 49CFR Part 38 = Americans with Disabilities Act (ADA). Accessibility Specifications for  Assistance).  Transportation Vehicles. X. 49CFRI Part41-S Seismic Safety. FOOTMOTSTOASURANCE, (C/(1)  These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors.  2CFRI Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for Audit requirements established in 2 CFR part 200 subpart F: are the guidelines for audits.  States Code.  determining the eligibility of specific types of expenses.  Airport Sponsors AssurancesE Bipartisan Infrastructure law  Page 19of33    3-01-0027-027-2024  SPECIFIC ASSURANCES  Specific assurances required to bei included in grant agreements by any of the above laws, regulations or  circulars are incorporated by reference int this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor:  It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing oft the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative oft the applicant to act in connection with the application and to provide such additional information as may be required.  b. Private Sponsor:  Ithas legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be  required. 3. Sponsor Fund Availability.  It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded  under this Grant Agreement which it will own or control.  4. Good' Title.  a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area oft the airport or site thereof, or will give assurance satisfactory to the b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. a. Itwill not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances int this Grant Agreement without approval by the  Secretary that good title will be acquired.  5. Preserving Rights and Powers.  Secretary.  Airports Sponsors  Bipartisan! Infrastructure! Law  Page: 200f33    3-01-0027-027-2024  Secretary. If thei transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. Forall noise compatibility program projects which are to be carried out by another unit ofl local government or are on property owned by a unit ofl local government other than the sponsor, it will enteri into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to itifi it applied directly to the FAA fora a grant to undertake the noise compatibility program project. That agreement and changes thereto must bes satisfactory to the Secretary. It will take steps to enforce this agreement against the local government ift there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms oft the agreement. e. Ifthe sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances lfanarrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances int this Grant Agreement and shall ensure that such arrangement also requires g. Sponsors of commercial service airports will not permit or enteri into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any! location on airport. Sponsors ofg general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the  fort the duration of these assurances.  compliance therewith.  requirements of 49 U.S.C. $ 47107(s) and the sponsor assurances.  6. Consistency with Local Plans.  The project is reasonably consistent with plans (existing at thet time of submission of this application) of public agencies that are authorized by the State in which the project is located to  plan for1 the development of the area surrounding the airport.  7. Consideration of Local Interest.  Ithas given fair consideration to the interest of communities in or near where the project may be  located. 8. Consultation with Users.  Inr making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which  project is proposed. Airport Sponsors AssurancesB Bipartisan!  Law  Page210f33    -01-0027-02/-2024  9. PublicHearings.  Inp projects involving the location of an airport, an airport runway, ora major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community: and it shall, when requested by the Secretary, submit a copy of thet transcript ofs such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located orl has advised the communities that they have the right  to petition the Secretary concerning a proposed project.  10. Metropolitan Planning Organization.  Inp projects involving the location of an airport, an airport runway, or a major runway extension ata medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization int the areai in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport  master plani in which the project is described or depicted.  11. Pavement Preventive Maintenance.  With respect to a project approved after. January: 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenancemanagement program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management  programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites.  For projects which includei terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipmentrequired for certification of such airport under 49 U.S.C. S 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.  13. Accounting System, Audit, and Record Keeping Requirements.  a. Itshall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion oft the cost oft the project supplied by other sources, and: such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts ofa a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy ofs such audit with the Comptroller General of the United  an effective audit in accordance with the Single Audit Act of 1984.  Airports Sponsors AssurancesB Bipartisan! Infrastructurel Law  Page-22of33    3-01-0027-027-2024  States not later than six (6) months following the close oft the fiscal year for which the audit was  made. 14. Minimum Wage Rates.  Itshall include, in all contracts ine excess of $2,000 for work on any projects funded undert this Grant Agreement whichi involve labor, provisions establishing minimum rates of wages, tol be predetermined by the Secretary of Labor under 40 U.S.C. 55 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall bes stated in thei invitation for bids and shall bei included in proposals or bids for  the work. 15. Veteran's Preference.  Its shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, int the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-lraqi war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C.547112. However, this preference shall apply only where the individuals are available and qualified to  perform the work to which the employment relates. 16. Conformity tol Plans and Specifications.  Itv will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to  approval of the Secretary, and incorporated into this Grant Agreement.  17. Construction Inspection and Approval.  Itwill provide and maintain competent technical supervision at the construction site throughout the project to assurei that the work conforms to the plans, specifications, and: schedules approved by the Secretary for the project. Its shall subject the construction work on any project contained in an approved project application toi inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such  project as the Secretary shall deem necessary. In carrying out planning projects:  18. Planning Projects.  a. Itwill execute the project in accordance with the approved program narrative contained ini the b. Itwillf furnish the Secretary with such periodic reports as required pertaining to the planning C. Itv will include in all published material prepared in connection with the planning projecta notice that the material was prepared under ag grant provided by the United States.  project application or with the modifications similarly approved.  project and planning work activities.  Airport Sponsors Assurances8 Bipartisan! Infrastructurel Law  Page23of33    3-01-0027-027-2024  d. Itwill make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any e. Itwill give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise f. Itwill grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to g. Itwill grant the Secretary the right to disapprove the use of the sponsor's employees to do all h. Itunderstands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part oft the Secretary to approve any pending or future  other country.  use any of the material prepared in connection with this grant. disapprove the proposed scope and cost of professional services.  or any part of the project.  application for al Federal airport grant.  19. Operation and Maintenance.  a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all timesi in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 2. Promptly marking and lighting hazards resulting from airport conditions, including 3. Promptly notifying aviators of any condition affecting aeronautical use oft the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facilitywhich is substantially damaged or destroyed due to an act of God or other  1. Operating the airport's aeronautical facilities whenever required;  temporary conditions; and  condition or circumstance beyond the control of the sponsor.  b. Itwill suitably operate and maintain noise compatibility program items that it owns or controls  upon which Federal funds have been expended.  20. Hazard Removal and Mitigation.  Itwill take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of  future airport hazards.  Airport Sponsors Assurances Bipartisan! Infrastructure! Law  Page2 240f33    3-01-0027-027-2024  21. Compatible Land Use.  Itv will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity oft the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, ift the project is for noise compatibility program implementation, it will not cause or permit any change inl land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, oft the noise compatibility program measures upon which Federal funds have been  expended.  22. Economic Nondiscrimination.  a. Itwill make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services toi the public at the airport. b. Inany agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity fori furnishing services to the public at the airport, the sponsor willi insert 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator thati is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as at tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect toi facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially: similar to those already imposed on air Itwillr not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft withi its own employees (including, but not limited to maintenance, repair, and fueling) that it g. Ini the event the sponsor itself exercises any oft the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services! by commercial aeronautical service providers authorized by the  and enforce provisions requiring the contractor to:  thereof, and  similar uses of such airport and utilizing the same or similar facilities.  carriers in such classification or status.  may choose to perform.  sponsor under these provisions.  Airports Sponsors AssurancesE epanisanlufasrcureuw  Page 250f33    3-01-0027-027-2024  h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the The sponsor may prohibit or limit any given type, kind or class of aeronautical use oft the airport ifsuch action is necessary for the safe operation of the airport or necessary to serve the civil  airport.  aviation needs of the public.  23. Exclusive Rights.  Itwill permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if a. Itwould be unreasonably costly, burdensome, or impractical for more than one fixed-based b. Ifallowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because oft their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the  both of the following apply:  operator to provide such services, and  grant of any assistance under Title 49, United States Code.  24. Fee and Rental Structure.  Itwill maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included ini the rate basis in establishing fees, rates, and charges for users of that airport. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended byi it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; ori for noise mitigation purposes on or off the airport. 1. Ifcovenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the  25. Airport Revenues.  The following exceptions apply to this paragraph:  Airport Sponsors Assurances Bipartisan! Infrastructure! Law  Page 260f33    3-01-0027-027-2024  revenues from any oft the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, int the case of a public airport, local taxes on aviation fuel) shall not apply. 2. Ift the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition ofl land, this limitation on the use ofa all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment tot the Secretary! by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made tot the private owner fora any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to thei federal share oft the current fair market value of any land acquired with an airport improvement grant made to 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C.5 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation  that airport on or after October 1, 1996.  Law 112-95.  promuigated by the Secretary or Administrator.  26. Reports and Inspections. Itwill:  a. submit toi the Secretary: such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report oft the airport budget in at format prescribed by b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available fori inspection by any duly authorized agent of the Secretary upon forr noise compatibility program projects, make records and documents relating toi the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent oft the Secretary upon reasonable request; and d. inaf format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each ofi its fiscal years, an annual report listingi in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for 2. alls services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.  the Secretary;  reasonable request;  which each such payment was made; and  Airports Sponsors  Bpartsnlafasncureuw  Page2 27of33    3-01-0027-027-2024  27. Use by Government Aircraft.  It will make available all oft the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, int the opinion of the Secretary, would unduly interfere with use of the landing areas a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such  by other authorized aircraft, or during any calendar month that:  thereto; or  aircraft) is in excess of five million pounds.  28. Land for Federal Facilities.  Ity will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting: and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within  four months after receipt of a written request from the Secretary.  29. Airport Layout Plan.  a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing 4. all proposed and existing access points used to taxi aircraft across the airport's property Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on thet face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and  to date at all times an airport layout plan of the airport showing:  additions thereto;  improvements thereon; and  boundary.  Airports Sponsors Assurances Bipartisan Infrastructure law  Page 280f33    3-01-0027-027-2024  which might, int the opinion of the Secretary, adversely affect the safety, utility or efficiency of b. Subject to the FAAI Reauthorization Act of 2018, Public Law 115-254, Section 163, ifa change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is noti in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or  the airport.  2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport ori its facilities except int the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of  the airport sponsor.  30. Civil Rights.  It will promptly take any measures necessary to ensure that no person int the United States shall, on the grounds ofr race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 55 2000d to 2000d-4); creed and: sex (including sexual orientation and gender identity) per 49 U.S.C.54 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49CFR 55 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or  pursuant to these assurances.  b. Applicability  1. Programs and Activities. Ift the sponsor has received a grant (or other federal assistance) forany of the sponsor's program or activities, these requirements extend to all of the 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire ai facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in thei form of, orf for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property.  sponsor's programs and activities.  Duration.  The sponsor agrees thati iti is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is int the form of, personal property, or real property, ori interest therein, or  Airports Sponsors Assurances Bparisanlntfrastnucturel Law  Page:290f33    3-01-0027-027-2024  structures ori improvements thereon, in which case the assurance obligates the sponsor, orany 1. So long as the airport is used as an airport, ori for another purpose involving the provision  transferee for the longer oft the following periods: of similar services or benefits; or  2. Solong as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It willi include thei following notification in all solicitations for bids, Requests For Proposals forwork, or material under this Grant Agreement and ina all proposals for agreements, including airport concessions, regardless of funding source: "The (Isponsor namel), in accordance with the provisions of Title Vloft the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 55 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors thati it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises) will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds ofr race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an  award."  e. Required Contract Provisions.  1. Itwilli insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference ine every contract or agreement subject to the non-discrimination in 2. Itwilli include al list of the pertinent non-discrimination authorities in every contract that is 3. Itwilli insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording ai transfer ofr real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. Itwill insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by a. Fort the subsequent transfer ofr real property acquired ori improved under the b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.  ederally-assisted programs oft the DOT acts and regulations. subject to the non-discrimination acts and regulations.  the sponsor with other parties:  applicable activity, project, or program; and  f. Itwill provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance.  Airports Sponsors Assurances Bipartisan! Infrastructure! law  Page3 300f33    3-01-0027-027-2024  g. Ita agrees that the United States has a right to seek judicial enforcement with regard to any  matter arising under the acts, the regulations, and this assurance.  31. Disposal of Land.  a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose oft the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United! States' share of acquisition ofs such land willl be, att the discretion oft the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give  preference to thet following, in descending order: 1. Reinvestment in an approved noise compatibility project;  2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C.S 47114, 47115, or 47117, or under Public Law 117-58, Division. J, Title' VII; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved Ifla land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered: a disposal of the land. Revenues derived from such al lease may be usedi for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, wheni the land is no longer needed for airport purposes, dispose of such land ati fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value oft the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application toi the Secretary, be reinvested or transferredi to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the  $47117(e); or  noise compatibility project at that airport.  revenue.  following, in descending order:  1. Reinvestment in an approved noise compatibility project;  2. Reinvestment in an approved project thati is eligible for grant funding under 49 U.S.C. 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. S5 47114, 47115, or 47117, or under Public Law 117-58, Division), Title 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved Land shall be considered tol be needed for airport purposes under this assurance if( (1)itmayl be needed for aeronautical purposes (including runway protection: zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-  $47117(e); VIII; or  noise compatibility project at that airport.  Airports Sponsors AssurancesE Bipartisan!  law  Page310f33    3-01-0027-027-2024  sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues tol be used fort that purpose, such use having commenced no later than d. Disposition of suchl land under (a), (b), or (c) willl be subject toi the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.  December 15, 1989.  32. Engineering: and Design! Services.  Ifany phase of such project has received Federal funds under Chapter 471 subchapter 1ofTitle 49 U.S.C., or Public Law 117-58, Division. J, Title' Villi it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services int the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of1 Title 40US.C., or an equivalent qualfications-Dased requirement prescribed for or by the  sponsor oft the airport. 33. Foreign Market Restrictions.  It will not allow funds provided under this Grant to be used toi fund any project which uses any product or service of at foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.  34. Policies, Standards, and Specifications.  Itwill carry out any project funded under a Bipartisan Infrastructure Law grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars AeEwAPeVARnAPAtddsen for  BILI projects as of [project application date). 35. Relocation and Real Property Acquisition.  a. It will be guided in acquiring real property, toi the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse b. Itwill provide a relocation assistance program offering the services described in Subpart C of49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as . Itwill make available within a reasonable period oft time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of49 CFR Part 24. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes oft transportation to have access to the airport; however, it has no obligation toi fund  property owners for necessary expenses as specified in Subpart B.  required in Subpart D and E of4 49 CFR Part 24.  36. Access By Intercity Buses.  special facilities for intercity buses or for other modes of transportation.  Airports SponsorsA Assurances Bipartisan! Infrastructure! Law  Page3 320f33    3-01-0027-027-2024  37. Disadvantaged Business Enterprises.  The sponsor shall not discriminate on the basis ofr race, color, national origin, sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance ofa any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26a and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall bei treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. S 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31  U.S.C. 55 3801-3809, 3812). 38. Hangar Construction.  Ift the airport owner or operator and a person who owns an aircraft agree that al hangar is to be constructed ati the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner fori the hangar al long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.  39. Competitive. Access.  a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. $47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report  to the Secretary that: 1. Describes the requests;  2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides ai time frame within which, if any, the airport will be able to accommodate the b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.  requests.  Airports Sponsors Assurances Bipartisanl  Law  Page 33of33    [formatted grant number]  ASSURANCES PLANNING AGENCYSPONSORS  A. General.  1. These assurances shall be complied with ini the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency' with control of a public-use airport; the term "private sponsor" means a private owner ofa public-use airport; and the term "sponsor" includes both public agency sponsors and 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated  airport sponsors.  private sponsors.  ina and become part of this Grant Agreement.  B. Duration and Applicability.  The terms, conditions and assurances of this Grant Agreement shall remain in full force and  effect during the life of the project. Sponsor Certification.  The sponsor hereby assures and certifies, with respect to this grant that:  1. General Federal Requirements  Itwill comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:  FEDERAL LEGISLATION  a. 49,U.S.C., subtitle VII, as amended. b. Federal Fair Labor Standards Act 29 U.S.C.5201, et seq. Hatch Act-5U.S.C.51 1501, et seq." d. Rehabilitation Act of 1973 - 29 U.S.C. S 794  e. Title VI oft the Civil Rights Act of1 1964 (42 U.S.C. S 2000d et seq., 78 stat. 252) (prohibits Americans with Disabilities Act of 1990, as amended, (42 U.S.C.S 12101 et seq.) (prohibits  discrimination on the basis of race, color, national origin). discrimination on the basis of disability). g. Age Discrimination Act of 1975 - 42 U.S.C. $6101, et seq. h. Single Audit Act of 1984- - 31 U.S.C. $ 7501, et seq.  Drug-Free Workplace Act of 1988 41 U.S.C. S 8101 through 8105.  PlanningAssurances: 5/2022  Pagelof7    [formatted grant number]  The Federal Funding Accountability: and Transparency. Act of 2006, as amended (Pub. L. 109-282,  as amended by section 6202 of Public Law 110-252). Build America, Buy America Act, P.L. 117-58, Title IX.  EXECUTIVE ORDERS  a. Executive Order 12372-Ir Intergovernmental Review of Federal Programs b. Executive Order 13166- - Improving Access to Services for Persons with Limited English Executive Order 13985 = Executive Order on Advancing Racial Equity and Support for d. Executive Order 13988 - Preventing and Combating Discrimination on the Basis of Gender e. Executive Order: 14005 - Ensuring the Future is Made in all of America by All of America's Executive Order: 14008-Tackling the Climate Crisis at Home and Abroad  Proficiency  Underserved Communities Through the Federal Government  Identity or Sexual Orientation  Workers  FEDERAL REGULATIONS  a. 2CFRPart180- OMB Guidelines to Agencies on Governmentwide Debarment and Suspension b. 2CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements  Nonprocurement). for Federal Awards.3,4  2CFRPart1 1200-N Nonprocurement Suspension and Debarment. d. 140 CFR Part: 13 - Investigative and Enforcement Procedures.  e. 140 CFR Part1 16- Rules of Practice for Federaly-Assisted. Airport Enforcement Proceedings. 28 CFR Part: 35 - Nondiscrimination on the Basis of Disability in State and Local Government 28CFR5503-US. Department of Justice Guidelines for the Enforcement of Title VI of the Civil  Services. Rights Act of: 1964.  h. 49 CFRI Part2 20 - New Restrictions on Lobbying.  49CFRP Part21-Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -E Effectuation of Title' VI of the Civil Rights Act of1964. 49CFRI Part2 26-F Participation by Disadvantaged Business Enterprises in Department of 49 CFR Part 28- - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of1 Transportation. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. m. 49 CFR Part32-G Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)  Transportation Financial Assistance Programs.  PlanningA Assurances! 5/2022  Page2of7    [formatted grant number]  OTROTSTDASURANCECI  These laws do not apply to private sponsors.  2CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance.. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for Audit requirements established in 2CFR part 200 subpart F are the guidelines for audits.  States Code.  determining the eligibility of specific types of expenses.  SPECIFIC ASSURANCES  Specific assurances required to be included in grant agreements by any of the above laws, regulations or  circulars are incorporated by reference int this Grant Agreement. 2. Responsibility and Authority oft the Sponsor.  It! has legal authority to apply for this grant, andi to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official actof the applicant's governing body authorizing thet filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of1 the applicant to acti in connection with the application  and to provide such additional information as may be required.  3. Sponsor Fund Availability. the United! States. 4. Preserving Rights and Powers  It has sufficient funds available for that portion of the project costs which are not to be paid by  It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all oft the terms, conditions, and assurances in this Grant  Agreement without the written approval oft the Secretary.  5. Consistency with Local Plans.  The project is reasonably consistent with plans (existing at the time of submission of this  application) of public agencies in the planning area. 6. Accounting System, Audit, and Record Keeping Requirements  a. Itshall keep all project accounts and records which fully disclose the amount and disposition by the recipient oft the proceeds oft this Grant, the total cost oft the project in connection with which this Grant is given or used, and the amount or nature oft that portion oft the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kepti in accordance with an accounting system that will facilitate an effective audit in accordance with the b. Itshall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any! books, documents, papers, and records of the recipient that are pertinent tot this Grant. The Secretary may require that an appropriate audit be  Single Audit Act of 1984.  PlanningAssurances: 5/2022  Page3of7    [formatted grant number)  FOOTNOTESTO. ASSURANCE C.1.  These laws do not apply to private sponsors.  2CFR Part: 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for Audit requirements established in 2CFR part 200 subpart F are the guidelines for audits.  States Code.  determining the eligibility of specific types of expenses.  SPECIFIC ASSURANCES  Specific assurances required to be included in grant agreements by any of the above laws, regulations or  circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor.  It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's, governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application  and to provide such additional information as may be required.  3. Sponsor Fund Availability. the United States. 4. Preserving Rights and Powers  It has sufficient funds available for that portion of the project costs which are not to be paid by  It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant  Agreement without the written approval of the Secretary.  5. - Consistency with Local Plans.  The project is reasonably consistent with plans (existing at the time of submission of this  application) of public agencies int the planning area. 6. Accounting System, Audit, and Record Keeping Requirements  a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that willi facilitate an effective audit in accordance with the b. Itshall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be  Single Audit Act of 1984.  Planning Assurances! 5/2022  Page3of7    [formatted grant number]  conducted by a recipient. In any case in which an independent audit is made of the accounts ofas sponsor relating to the disposition oft the proceeds ofa grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy ofs such audit with the Comptroller General oft the United States not later than six (6) months following the close oft the fiscal year for which the audit was made.  7. Planning Projects  Inc carrying out planning projects:  a. Itwill execute the project ina accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the Itwill include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. Itwillr make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright ini the e. Itwill give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any oft the material prepared in connection with this grant. f. Itwill grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part oft this project as well as the right to disapprove the proposed scope and cost of professional services. . Itwill grant the Secretary the right to disapprove the use of the ponsorsemployees to h. Itunderstands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not mean constitute or imply any assurance or commitment ont the part oft the Secretary to approve any pending orf future application for a Federal airport grant.  planning project and planning work activities.  United States or any other country.  do all or any part oft the project.  8. Reports and Inspections.  Itwill submit to the Secretary such annual or special financial and operations reports as the  Secretary may reasonably request.  9. Civil Rights.  Itwill promptly take any measures necessary to ensure that no person in the United States shall, on the grounds ofr race, creed, color, and national origin (including limited English proficiency) in accordance with the provisions of Title Vioft the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 55 2000d1 to 2000d-4; creed and sex (including sexual orientation and gender identity) per 49 U.S.C. $4 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from,  funds received from this grant.  PlanningA Assurances 5/2022  Page4of7    [formatted grant number)  a. Using the definitions of activity, facility, and program as found and definedi in 49 CFR 55 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed  by or pursuant to these assurances.  b. Applicability  1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part ofa facility, the assurance extends to the entire facility and facilities operated in 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under  extend to all of the sponsor's programs and activities.  connection therewith.  such property.  Duration.  The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is int the form of, personal property, or real property, or interest therein, or structures ori improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following 1. Sol long as the airport is used as an airport, or for another purpose involving the 2. Sol long as the sponsor retains ownership or possession of the property. Itv will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Isponsor namel), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 55 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises) will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award."  periods:  provision of similar services or benefits; or  d. Required Solicitation Language.  e. Required Contract Provisions.  1. Itwill insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted  PlanningAssurances: 5/2022  Page5of7    [formatted grant number)  programs oft the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement: subject toi the non- discrimination in Federally-assisted programs of the DOT acts and regulations. 2. Itwilli include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. Itv will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer ofr real property, structures, use, or improvements thereon or interest therein to a 4. Itwilli insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as acovenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity,  sponsor.  project, or program.  f. Itwill provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this Itagreest that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.  assurance.  10. Engineering and Design Services.  Ifany phase of such project has received Federal funds under Chapter 471 subchapter 1 ofTitle 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as ac contract for architectural and engineering: services is negotiated under Chapter 11 ofTitle 40U S.C., or an equivalent qualifications-Dased requirement prescribed for or by the sponsor of the  airport.  11. Foreign Market Restrictions.  Itv will not allow funds provided under this Grant to be used to fund any project which uses any product or service ofa a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.  Planning Assurances 5/2022  Page6of7    [formatted grant number)  12. Policies, Standards, and Specifications.  It will carry out the project in accordance with policies, standards, and specifications approved  by the Secretary.  13. Disadvantaged Business Enterprises.  The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 261 to ensure nondiscrimination int the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation oft these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.S 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 55 3801-3809, 3812).  Planning Assurances! 5/2022  Page7of7    [formatted grant number]  ASSURANCES  NON-AIRPORT SPONSORS UNDERTAKING NOISE COMPATIBILITY PROGRAM PROJECTS  A. General.  1. These assurances shall be complied with in the performance of grant agreements for noise compatibility projects undertaken by sponsors who are not proprietors of the airport which is 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. Sponsors are units of local government int the areas around the airport which is the subject of the noise 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and  the subject oft the noise compatibility program.  compatibility program.  become part of this Grant Agreement.  B.  Duration and Applicability.  Thei terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired throughout the useful life of the project items installed under a project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be  specified in the assurances. Sponsor Certification.  The sponsor hereby assures and certifies, with respect to this grant that:  1. General Federal Requirements  Itwill comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this  project including but not limited to thet following:  FEDERAL LEGISLATION  a. 49U.S.C. subtitle VII, as amended.  b. Davis-Bacon Act, as amended- -4 40U.S.C. 553141-3144, 3146, and 3147, et seq,.  Federal Fair Labor Standards Act-2 29 U.S.C. $201, et seq.  d. HatchA Act-5U.S.C. $1501, etseq.?  e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. f National Historic Preservation Act of 1966 - Section 106 -54 U.S.C. $306108. Archeological and Historic Preservation Act of 1974- - 54 U.S.C. $3 312501, et seq. h. Native Ameriçans Grave Repatriation Act -25 U.S.C. S 3001, et seq. Clean Air Act, P.L. 90-148, as amended- - 42U.S.C. $7401, et seq.  $4601, et seq,12  Nan-Airport Sponsors Undertaking Noise Compatibility! Program Projects Assurances 2/2022  Pagelof9    [formatted grant number)  Coastal Zone Management Act, P.L. 92-583, as amended -1 16 U.S.C. $1451, ets seq. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. $4012a.+  49U.S.C.5303 (formerly known as Section 4(f). m. Rehabilitation Act of 1973 -2 29 U.S.C. $794.  n. Title VI oft the Civil Rights Act of1 1964 (42 U.S.C. $2000d et seq., 78 stat. 252) (prohibits 0. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. $1 12101 et seq.) (prohibits  discrimination on the basis of race, color, national origin). discrimination on the basis of disability). p. Age Discrimination Act of1975-42US.C. $6101, ets seq. American Indian Religious Freedom Act, P.L. 95-341, as amended. Architectural Barriers Act of 1968, as amended - 42 U.S.C. 5 4151, et seq.' Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 42 U.S.C.S S 8373.1 Contract Work Hours and Safety Standards Act- - 40U.S.C. S 3701, et seq.1 V. National Environmental Policy Act of 1969 - 42 U.S.C. $ 4321, ets seq. W. Wild and! Scenic Rivers Act, P.L. 90-542, as amended - 16U.S.C.51271, etseq. y. Drug-Free Workplace Act of 1988 -4 41 U.S.C. 55 8101 through 8105.  u. Copeland. Anti-kickback Act -1 18 U.S.C. $874.  X. Single Audit Act of 1984-31 U.S.C. $7501, et seq,?  The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as  amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration. Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX. a. Executive Order 11246 - Equal Employment Opportunity" b. Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management  EXECUTIVE ORDERS  d. Executive Order: 12372-1 Intergovernmenta Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building  Construction'  Executive Order 12898 - Environmental, Justice  Executive Order 13166- - Improving Access to! Services for Persons with Limited English h. Executive Order 13985 - Executive Order on Advancing Racial Equity and Support for Executive Order 13988- -P Preventing and Combating Discrimination on the Basis of Gender  Underserved Communities Through the Federal Government  Identity or Sexual Orientation  Non-Airports Sponsors UndertakingN Noise Compatibility ProgramP Projects Assurances 2/2022  Page2of9    [formatted grant number)  Executive Order14005- Ensuring the Future is Made in all of America by All of America's  Workers  k. Executive Order 14008-Tackling the Climate Crisis at Home and Abroad  FEDERAL REGULATIONS  a. 2CFRPart180-OMB Guidelines to Agencies on Governmentwide Debarment and Suspension b. 2CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements  (Nonprocurement). for Federal Awards. 4,5  2CFRF Part: 1200-N Nonprocurement Suspension and Debarment. d. 14 CFR Part13-1 Investigative and Enforcement Procedures. 14 CFR Part 150- Airport Noise Compatibility Planning.  e. 14 CFR Part 16- - Rules of Practice for Federally Assisted Airport Enforcement Proceedings. 28 CFR Part 35 = Nondiscrimination on the Basis of Disability in State and Local Government h. 28 CFR $50.3-L U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil  Services. Rights Act of 1964.  29 CFR Part 1- Procedures for Predetermination of Wage Rates.1 Whole or Part by Loans or Grants from the United States.  29 CFR Part 3- Contractors and Subcontractors on Public Building or Public Work Financed in k. 29 CFR Part5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act). 41CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements)." n. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- - Effectuation of Title VI of the Civil Rights Act of 1964. 0. 49 CFR Part 24- Uniform Relocation Assistance and Real Property Acquisition for Federal and p. 49CFR Part 26-F Participation by Disadvantaged Business Enterprises in Department of 4. 49 CFR Part 27- Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. . 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. 49 CFR Part 30- - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. 49 CFR Part32-G Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)  m. 49CFRI Part 20 - New Restrictions on Lobbying.  Federally-Assisted Programs.1,2  Transportation Financial Assistance Programs.  Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances 2/2022  Page3of9    [formatted grant number)  u. 49CFR Part37-Transportation: Services for Individuals with Disabilities (ADA).  V. 49CFR Part41-S Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1)  These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors.  2CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.  States Code.  determining the eligibility of specific types of expenses.  SPECIFIC ASSURANCES  Specific assurances required to be included in grant agreements by any of the above laws, regulations or  circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor.  Ithas legal authority to apply for this Grant, and to finance and carry out the proposed project; that aresolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to acti in connection with the application and to provide such  additional information as may be required.  3. Sponsor Fund Availability.  a. Ithas sufficient funds available for that portion of the project costs which are not to be paid by b. Itl has sufficient funds available to assure operation and maintenance of items funded under  the United States.  this Grant Agreement which it will own or control.  4. Good Title.  For projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give  assurance toi the Secretary that good title will be obtained.  5. Preserving Rights and Powers.  a. Itwill not enter into any transaction, or take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This b. Itv will not sell, lease, encumber, or otherwise transfer or dispose of any part ofi its title or other interests int the property for which it holds good title and upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances ini this Grant Agreement  shall be done in a manner acceptable to the Secretary.  Non-Airport Sponsors Undertaking Noise Compatibility! ProgramProjects/ Assurances 2/2022  Page4of9    [formatted grant number]  without approval by the Secretary. If the transferee isi found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit ofl local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to iti ifita applied directly to the FAA1 for a grant to undertake the noise compatibility program project. That agreement and changes thereto must d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by  Grant Agreement.  bea approved in advance by the Secretary.  the Secretary. 5. C Consistency ywith Local Plans.  The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to  plan for the development of the area surrounding the airport.  7. Consistency with Local Interest.  It has given fair consideration to the interest of communities in or near where the project may be  located.  8. Accounting System, Audit, and Record Keeping Requirements  a. Itshall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds oft this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate b. Itshall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which ani independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds ofag grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close oft the fiscal year for which the audit was  an effective audit in accordance with the Single Audit Act of 1984.  made. 9. Minimum Wage Rates.  Its shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary ofl Labor under 40 USCS53141-3144, 3146, and 3147,Public  Non-Airport Sponsors Undertaking Noise Compatibility ProgramP Projects Assurances 2/2022  Page5of9    [formatted grant number)  Building, Property, and' Works, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated int thei invitation for bids and shall bei included in proposals or bids for  the work. 10. Veteran's Preference.  Its shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-lraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C.547112. However, this preference shall apply only where the individuals are available and qualified to  perform the work to which the employment relates. 11. Conformity to Plans and Specifications.  It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary priort to commencement ofs site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall bei incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to  approval oft the Secretary, and incorporated into this Grant Agreement.  12. Construction Inspection and Approval.  Itwill provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors ofs such  project as the Secretary shall deem necessary.  13. Operation and Maintenance.  It will suitably operate and maintain noise compatibility program items that it owns or controls  upon which Federal funds have been expended.  14. Hazard Prevention.  Itwill protect such terminal airspace asi is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) by preventing the establishment or creation of future airport hazards on property owned or controlled byi it or over which it has land  usej jurisdiction. 15. Compatible Land Use.  Itwill take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or int thei immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project ist for noise compatibility program implementation, it will not cause or permit any change in land use, within itsj jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been  expended.  Non-Airports Sponsors Undertaking Noise CompatibilityF Program ProjectsA Assurances2 2/2022  Page6of9    [formatted grant number)  16. Reports and Inspections.  It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. It will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by  any duly authorized agent of the Secretary upon reasonable request.  17. Civil Rights.  It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds ofr race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. S5 2000dto 2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. 547123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49CFR 55 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or  pursuant to these assurances.  b. Applicability  1. Programs and Activities. Ift the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all oft the 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire at facility, or part of ai facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in thet form of, ori for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property.  sponsor's programs and activities.  Duration.  The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any 1. So long as the airport is used as an airport, or for another purpose involving the provision  transferee for the longer of the following periods: of similar services or benefits; or  2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It willi include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:  Non-Airport Sponsors Undertaking Noise Compatibility Program ProjectsAssurances: 2/2022  Page7of9    [formatted grant number]  "The ([sponsor namel), in accordance with the provisions of Title VI oft the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 55 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant tot this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises) will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an  award."  Required Contract Provisions.  1. Itwill insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement: subject to the non-discrimination in 2. Itwill include al list oft the pertinent non-discrimination authorities in every contract that is 3. Itwilli insert non-discrimination contract clauses as a covenant running with the land, in any deed fromi the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to as sponsor. 4. Itwill insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by a. For1 the subsequent transfer of real property acquired or improved under the b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.  Federally-assisted programs of the DOT acts and regulations. subject to the non-discrimination acts and regulations.  the sponsor with other parties:  applicable activity, project, or program; and  T. Itwill provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. . Itagreest that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.  18. Engineering and Design Services.  Ifany phase of such project has received Federali funds under Chapter 471 subchapter1 1 ofTitle 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 ofTitle 40US.C., oran equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.  Non-Airport Sponsors Undertaking* Noise Compatibility Program ProjectsA Assurances 2/2022  Page8of9    [formatted grant number)  19. Foreign Market Restrictions.  It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.  20. Disposal of Land  a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an approved noise compatibility project including the purchase of nonresidential buildings or property ini the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. Disposition of such land under (a) will be subject to the retention or reservation of any interest or right necessary to ensure that such land will only be used for purposes which are compatible  with noise levels associated with operation of the airport.  21. Relocation and Real Property Acquisition  a. Itwill be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of49 CFR Part 24 and will pay or reimburse b. Itwill provide a relocation assistance program offering the services described in Subpart Cand fair and reasonable relocation payments and assistance to displaced persons as required in C. Itwill make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of4 49 CFR Part 24. The recipient shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26. The recipient shall take all necessaryand reasonable steps under 49 CFR Part 261 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's Disadvantaged Business Enterprises (DBE) program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. S: 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 55 3801 to 3809,  property owners for necessary expenses as specified in Subpart B.  Subpart D and E of49 CFR Part2 24.  22. Disadvantaged Business Enterprises.  3812).  Non-Airport Sponsors Undertaking Noise Compatibilityl Program Projects Assurances 2/2022  Page9of9    FY23 RESURFACING IMPROVEMENTS, PHASE HI (B) CITY OF ENTERPRISE, ALABAMA SECTON0066-CMANGE ORDER FORM Date of Issuance: February 12, 2024 Owner: The City of Enterprise, AL Contractor: Wiregrass Construction Company, Inc. Engineer: Poly, Inc. Project: FY23 Resurfacing Improvements, Phase III (B) The Contract is modified as follows upon execution of this Change Order:  11-460.01  Change Order No. 1-FINAL  Effective Date: Owner's Contract No.:N/A Contractor's Project No.: N/A Engineer's Project No.:11-460.01 Contract Name:  Description: Final Adjustment of Project Quantities (See Attached Summary for Breakdown of Items) and  adjustment of Contract Completion times. Attachments: Change Order Summary  CHANGE IN CONTRACT PRICE  CHANGE IN CONTRACT TIMES [note changes in Milestones ifapplicable] Substantial Completion: May26, 2023(120 Calendar Days) Ready for Final Payment:July 10, 2023(165 Calendar Days) Substantial Completion: No Previous Change Orders Ready for Final Payment: No Previous Change Orders Contract Times prior to this Change Order: Substantial Completion: May 26.2023020Calendar Days) Ready for Final Payment: July 10,2023 (165 Calendar Days) INCREASE [Deereasel of this Change Order: Substantial Completion: 18 Calendar Days Ready for Final Payment: 217 Calendar Days Contract Times with all approved Change Orders: Substantial Completion: June 13,2023 Ready for Final Payment: February12,2024  Original Contract Price: $2,495,728.40 Orders No.. - to No., $.No Previous Change Orders Contract Price prior to this Change Order:  Original Contract Times:  days or dates  [lnerease) (Decreasel from previously approved Change [lncrease] [Decrease) from previously approved Change  Orders No. toNo.,  days  $:2,495,728.40 $245,362.88  days or dates days or dates  [lncrease] DECREASE of this Change Order:  Contract Price incorporating this Change Order:  $:2,250,365.52  days or dates ACCEPTED: Contractor  Date: 2/15/24  ACCEPTED:  By:  By:  By:  Engineer  Owner (Authorized: Signature)  (Aethorized: Signature)  Bp  Title: C.Glenn Morgan, Project Manager Title: William E. Cooper, Sr., Mayor Title: Jamey Padget, Assistant Secretary  Date: 02/14/204  Date:  CHANGE ORDER FORM  006363-1    CHANGE ORDER SUMMARY  FY23 RESURFACING IMPROVEMENTS PHASE III(B)  CHANGE ORDER NO. FIN FINAL QUAN TOTALS FINAL OTY 1.00 1.00  ORIGINAL CONTRAÇT OTY UNIT PERUNIT COST 1LS. $285,000.00 $ 285,000.00 1LS. $ 71,000.00 $ 71,000.00 125,000s.Y. $ 10.00 $ 1,250,000.00 12.600/s.Y. $ 11.00 s 138,600.00 8,642 95,062.00 400s.Y. $ 15.00 $ 6,000.00 83 1,245.00 400s.Y. $ 25.00 $ 10,000.00 600TONS $ 120.00 $ 72,000.00 68,0005.V. $ 4.75 5 323,000.00 10,500s.Y. $ 4.75 5 49,875.00 27,500s.Y. $ 4.50 $ 123,750.00 5,200s.Y. $ 6.00 $ 31,200.00 2,237 13,422.00 250LF. $ 70.00 $ 17,500.00 300LF. $ 100.00 $ 30,000.00 160/s.Y. $ 65.00 $ 10,400.00 16 1,007.50 135/EA $ 91.00 $ 12,285.00 15EA S 130.00 114Ea. $ 250.00 $ 28,500.00 80Ea. $ 65.00 $ 5,200.00 2,450L.F. $ 2.02 $ 4,949.00 1,500L.F. $ 2.02 $ 3,030.00 419 846.38 1,000LF. $ 3.02 $ 3,020.00 1EA. $ 3,750.00 $ 3,750.00 60L.F. $ 2.02 $ 121.20 65 131.30 1,600S.F. $ 6.04 $ 9,664.00 240/S.F. $ 6.04 $ 1,449.60 2,600L.F. $ 0.51 $ 1,326.00 60LF. s 0.51 $ 30.60 160S.F. s 2.52 403.20  SUMMARY ÇHANGE ORDER ADDITIONS  DEDUCTIONS  EMI NO  DESCRIPTION  PERITEM COST UNITS COST UNITS COST  Mobllization, Including Bonds, insurance, Etc. 2. Trafic Control Plan And Implementation, Complete InP Place For 3. 135L Lb. Per S.V. Plant Mix Wearing Surface (424-A), Including Tack, Complete InF Place For 150Lb. Per S.V. Piant Mix Wearing Surface (424-A), Including Tack, Complete InP Place For 5. 165Lb. Per S.Y. Bituminous Binder Layer, Complete In Place For Granular Soil Base (ALDOT 821) (6" Thick) Tol Include Subgrade Preparation, Complete InP Place For 7. Asphalt leveling. Complete InF Place For Planing Full Width, 1"-2" Depth, Compiete InF Place For 9. Planing Fully Width, 2"-3" Depth, Complete Inf Place For 10. Bituminous Surface Treatment, ALDOT Type "E. Complete Ink Place 11. Wedge Milling Existing Pavement (0"-2"), Complete In Place For 12. Remove And Replace Standard Curb, Complete! In Place For 13. Remove And Replace Curb & Gutter, Complete Inf Place For 14. Remove Asphalt Paving Duel ToF Root! Intrusion' Tol Include Base Replacement, Complete InF Place For 15. Remove and Replace Wheel Stops, Complete InF Place For 15. New Wheel Stops. Complete In Place For 17. Sewer And Water Manholes Adjusted To Grade, Complete In Place 18. Water And Gas Valve Boxes Adjusted To Grade, Complete In Place 19. Solid Traffic Stripe, Class 1, Type A (4" Wide), Complete In Place For 20. Solid Yellow, Class 2,T Type ATraffic! Stripe (4" Widex0.06" Thick), 21. Solid White, Class 2,Type Al Traffic Stripe (4" Widex x0.06" Thick), 22. Loop Wire Replacement tol Include! Saw Cutting. Loop' Wire, Loop Sealant, Trenching. Backfilling and Electrical Connections, Complete 23. Dotted White, Class 2, Type Al Traffic Stripe (4" Wide), Complete In 24. Traffic Controli Markings, Class 2,7 Type A, Complete In Place For 25. Traffic Control Legends, Ciass 2, Type A, Complete Inp Place For 26. Temporary! Solid Stripe, Complete In Place For 27. Temporary' Dotted Stripe, Complete InF Place For 28. Temporary' Traffic Contro! Mark' ngs. Complete In Place For PROJECT NO. 11-460.01  19,718 (197,180.00) 105,282.00  21,242.00 483.00 (315.00) 387.40 295 (35,378.40)! 305.18 13,814 (65,616.50); 54,186.00 268 (1,273.00) 10,232.00 5,935 (26,707.50 21,565.00 7,437.00 43 (3,010.00) 207.00 8 (800.00) 292.00 14 (1,274.00) 121.00 61 (15,250.00) 53.00 44 (2,860.00) 36.00 96 (193.92) 2,354.00 1,919.00 (6.041 998.00 3,013.9  13  For  175.50 15.00  1,950.00  For For  Complete InF Place For Complete Inf Place For InP Place For Place For  1.00 3,750.00 125.00 252.50 858 (5,184.49) 741.64 4,479.51 (820.23) 104.20 629.37 (413.10) 1,790.00 912.90 66.00 (73.13) 130.98 330.07  136 810 3.06 29  33.66 PAGE10F2    CHANGE ORDER SUMMARY  FY23 RESURFACING IMPROVEMENTS PHASE II(B)  CHANGE ORDER NO. 1-FINAL FINAL QUANTITIES TOTALS FINAL FINALCOST OTY PERITEM $2,250,365.52  ORIGINAL CONTRACT QTY UNIT COST PERUNIT PERIEM 240S.F. 3.02 724.80 $2,495,728.40  SUMMARY CHANGE ORDER ADDITIONS  DEDUCTIONS 240 (724.80) ($357,080.12);  VEM NO  DESCRIPTION  COST UNITS COST UNITS COST  29. Temporary Traffic Control! Legends, Complete Inl Place For  TOTALS  $111,717.24  PROJECT NO. 11-460.01  PAC    Beverly Sweeney From: Sent: To: Cc: Subject: Beverly,  Barry Mott omotteenteprisealgo, Thursday, February 15, 2024 11:51 AM Beverly Sweeney LeeAnn Swartz; Jonathan Tullos' Council Agenda Item  Please add this to the next Council agenda:  l'am seeking permission from the Council to purchase one 2024 T880S Tri-axle Dump Truck from Truckworx in Dothan, Alabama, through the Sourcewell Purchasing Program (Contract Code #060920-KTC): at a price not to exceed  $240,000.00. Thisi is anapproved budgeted item.  Barry  1    421 East Lee Street P.O. Box 311000 Enterprise, AL 36331-1000  Phone: (334)348-2684 Fax: (334).347-1120 Email: prdeenterpnsealgow  City nf Enterprise PARKS AND RECREATION DEPARTMENT  Billy Powell, Director  MEMO  TO: FROM: DATE:  City Council and Mayor Cooper Billy Powell, Director 3 February 20, 2024  SUBJECT: Request to purchase equipment  lam requesting permission to purchase equipment which has already been budgeted forin  FY24. This equipment is to be purchased from Dowling Truck & Tractor.  Other Furniture & Equipment-57025: (2) two, Utility Trailers @ $3,390.00 each (4), four Stihl Edgers @ $315.99 (2), two Stihl Backpack Blowers @ $513.49 (5), five Stihl Trimmers @ $387.09 Equipment Assets -57024: (1), one, Hustler Z-54" Mower (4) Hustler 72" Mowers @ $13,400.00 6 each (4), four Mulch Kits @ $475.00 each  $ 6,780.00 > 1 1,263.96 $1,026.98 $1,935.45 $11,006.39 $11,600.00 $53,600.00 $1,900.00 $67,100.00 $78,106.39  Total:  Total:  TOTALTO PURCHASE:  Thank you for your consideration and approval of this request.  Where activities are ageless and benefits are endless!    421 East Lee Street P.O. Box 311000 Enterprise, AL 36331-1000  Phone: (334)348-2684 Fax: (334)347-1120 Email: prd@enterpisealgoy  City nf Enterprise PARKS AND RECREATION DEPARTMENT  Billy Powell, Director  MEMO  TO: FROM: DATE:  City Council and Mayor Cooper Billy Powell, Director 7 February 20, 2024  SUBJECT: Request to purchase playground equipment  lam requesting permission to replace old playground equipment at. Johnny Henderson Family Park. The Rotary Club is going to donate $12,000.00 towards this equipment which will be  purchased from Gametime/Struthers Recreation. Discover Cave w/ primary grips $6,051.00 Sensory Wave Arch System Bells 12" Fun Mirror 12"  $6,790.00 $1,118.00 $367.00  Subtotal: $14,326.00 Discount ($3,107.34) Freight $778.84 TOTAL: $11,997.50  Thank you for your consideration and approval of this request.  Where activities are ageless and benefits are endless!    Beverly Sweeney From: Sent: To: Subject:  Christopher Davis daviseentepnsetd.om, Thursday, February 15, 202412:49PM Beverly Sweeney request to purchase  Respectfully request to purchase the following FY24b budgeted items: RollnRack-Hose management system $8,800.00 (from RollnRack)  Hose Tester $6000.00 (from Nafeco)  Challenger Forcible Entry Door Simulator- $9,600.00 (from eDarley)    ABC INTRODUCTION FEBRUARY 20, 2024  BUSINESS NAME:  M&Y,LLC SAPPORA  DBA:  LOCATION ADDRESS:  1109 BOLL WEEVIL CIRCLE STE 5 ENTERPRISE, AL 36330  LICENSES APPLYING FOR:  RESTAURANT RETAIL LIQUOR  THIS LICENSE CAN BE INTRODUCED ON FEBRUARY 20, 2024.