NOTICE OF PUBLIC HEARING ZONING ORDINANCE AMENDMENTS

CITY OF OPELIKA, ALABAMA
NOTICE OF PUBLIC HEARING
ZONING ORDINANCE AMENDMENTS
NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, January 16, 2018, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama.
PURPOSE
The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991. At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:
ORDINANCE NO. ________
AN ORDINANCE TO AMEND THE TEXT OF THE ZONING ORDINANCE
OF THE CITY OF OPELIKA AND SPECIFICALLY TO AMEND
SECTIONS 2.2, 7.3, 7.6, 8.16 AND 8.17 THEREOF
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendments. That Ordinance 124-91 entitled “Zoning Ordinance of the City of Opelika, Alabama”, adopted on September 17, 1991, as amended, is further amended in the following respects:
That Section 2.2 DEFINITIONS” is further amended to add the following definitions of “Farm and Craft Market”, “Commercial Greenhouse”, “Horticulture Sales”, “Produce Market”, “Open-Air Market” and “Yard, Side Street”:
Farm and Craft Market: an open or enclosed market area where more than one farmer or grower gathers to sell agricultural products they have grown, raised, or produced. Such items would typically include dried flowers, handcrafted products and artwork that are made in the home or on the farm. Other retail products may be sold at the market, but should be a minor or accessory to the farm produced products. Any prepared foods must meet the guidelines of the Alabama Cottage Food Law.
Commercial Greenhouse – a facility used for the propagation of agricultural or ornamental plants and related products. Retail sales of products to the general public should be secondary or accessory to the propagation and wholesale component.
Horticulture Sales – The retail sale of plants, garden supplies and associated products as a primary use. Any cultivation or growing of plants should be secondary or accessory to the retail component.
Produce Market: An outdoor market for the sale of fresh produce and fruit that may or may not be sold by the farmer or grower directly.
Open-air market: An outdoor market for the retail sale of new or used merchandise, produce or other farm products, whether operated by a single vendor or composed of stalls, stands or spaces rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event.
Yard, Side Street: The yard extending along a side street on corner lots, from the front yard to the rear yard, between the nearest side of the building and the side street.
That the definitions of “Yard, Front” and “Yard, Side” in Section 2.2 are hereby amended to read as follows:
Yard, Front: A yard extending the full length and width of the front of a lot between the front right-of-way (street) and the front of the building.
Yard, Side: The yard extending along a side lot line, from the front yard to the rear yard, between the nearest side of a building and a side lot line.
That Section 7.3A, “AREA REQUIREMENTS”, is hereby amended to read as follows:
(d) That Section 7.3B, “USES ALLOWED”, is hereby amended to read as follows:
Sec. 7.3B USES ALLOWED
Uses allowed in each zoning district are determined from the following matrix. Categories for each use are:
1. Allowed – Allowed by right. Applicant need only submit the necessary plans for review to the zoning administrator.
2. Conditional Use – Further review required by the Planning Commission as directed by Section 8.17 of this ordinance.
3. Not allowed – Use not allowed in this zone.
Allowed – A Conditional – C Not Allowed – N
See matrix of USE CATEGORIES as provided and set forth in EXHIBIT “A” attached hereto, which said EXHIBIT “A” is incorporated herein by reference as if set forth verbatim herein.
That Section 7.6, “GATEWAY CORRIDOR DISTRICT”, is hereby amended to read as follows:
Sec. 7.6 GATEWAY CORRIDOR DISTRICT
This section authorizes the establishment of Gateway Corridor Overlay Districts. The intent of this section is to specify those areas that serve as a primary means of entry into Opelika and name those areas the Gateway Corridor Overlay District. The district is designated to be an overlay appended to residential, commercial, industrial or any other districts. The Gateway Overlay District is similar to airport hazard areas (Section 7.4) and the Flood Plain Overlay District (see Section 7.5) in that additional regulation will apply and supersede the underlying district regulations. In other words, a Gateway Overlay District can be placed on top of any of the City’s existing zoning districts creating an overlap in the zoning along a specified length of roadway desired to be regulated. Any proposed development, then, would have to meet the zoning requirements of both the existing zone and the Gateway Overlay district. The Gateway Corridor Overlay District shall include roadway corridors and their adjacent development located in several use districts. Uses typically include retail, wholesale, motel, recreation, office, fast-food establishments, and similar uses. This district is characterized by special design controls enforced to prevent incompatible uses and to maintain an attractive “gateway” or entrance into Opelika. The design of these corridors and their major elements shall reflect the identity and image of the entire City of Opelika.
The Gateway Corridors are divided into two subdivisions based on the development pattern that the streets were originally constructed under.
Gateway Corridor – Primary Overlay District
Those corridors which were developed under more modern and suburban development patterns and to specifically accommodate automobiles are designated Gateway Corridor – Primary (GC-P). These corridors typically have larger lots with ample parking and buildings setback further from the public right-of-way.
Gateway Corridor – Secondary Overlay District
The corridors found in older sections of the City of Opelika and retro-fitted to accommodate automobiles area designated Gateway Corridor-Secondary (GC-S). These corridors feature smaller, more standardized lots. The structures on these lots are often smaller and located at varying positions on the lot based on the time frame in which they were built. Newer buildings are often setback further while, older buildings are usually closer to the right-of-way.
The Gateway Corridor districts are designated as shown on the official City of Opelika Zoning Map
The GC-P shall extend 150 feet from the outside edge of both sides of the right-of-way from the following street segments:
Lafayette Parkway (Highway 431)
Lake Condy Road (from Lafayette Parkway to Andrews Road)
Andrews Road
West Point Parkway
Columbus Parkway (from 6th Street to Fox Run Parkway)
Fox Run Parkway and South Fox Run Parkway
North Uniroyal Road (from I-85 to Ridge Road)
Society Hill Road (from Gateway Drive to south limits of City of Opelika)
Pepperell Parkway (from East Thomason Street to the Auburn City Limits)
Fredrick Road (from Auburn City Limits to Martin Luther King Boulevard)
Veterans Parkway (from Pepperell Parkway to Waverly Parkway)
Marvyn Parkway
The GC-P shall extend 300 feet from the outside edge of both sides of the right-of-way from the following street segments:
Interstate 85
Birmingham Highway
Gateway Drive (from Pepperell Parkway to Society Hill Road)
Columbus Parkway (from Fox Run Parkway to eastern limits of City of Opelika)
The Gateway Corridor – Secondary Overlay District is designated as shown on the official City of Opelika Zoning Map. The GC-S shall extend 150 feet from the outside edge of both sides of the right-of-way from the following street segments:
Geneva Street (from Martin Luther King to Marvyn Parkway)
Martin Luther King Boulevard
East Avenue
Samford Avenue
2nd Avenue (except those properties directly adjacent to the gateway corridor whose eave line is lower in height than a bridge crossing a railroad)
South 6th Street
South 10th Street
McCoy Street
Pepperell Parkway (from East Thomason Street to 2nd Avenue)
Columbus Parkway (from Martin Luther King Boulevard to S. 6th Street)
The Gateway Corridors are subject to the “GC” district regulations in the matrix table in Section 7.3A. The Gateway Corridor Overlay District is supplemental to the underlying zoning district classifications. The Gateway Corridor Overlay District shall be imposed in addition to said underlying zoning regulations. In any case where the standards and requirements of the Gateway Corridor Overlay District conflict with those of the underlying zoning district, the standards and requirements of the Gateway Corridor Overlay District shall govern, unless specifically noted otherwise by the Zoning Ordinance.
The Gateway Corridor Overlay District regulations shall not apply to platted subdivision lots for new single family detached dwellings and existing single family detached dwellings.
The Board of Zoning Adjustment may grant exceptions from the requirements of the regulations when due to the location, size and shape of the property, development of the parcel under its current zoning and in conformity with the requirements of the Gateway Corridor Overlay District would present a substantial and unique hardship.
References in the Zoning Ordinance to Gateway Corridor 1 District (GC-1) and Gateway Corridor 2 District (GC-2) are deleted, repealed and eliminated and replaced by the Gateway Corridor Overlay District (GC), designated Gateway Corridor – Primary (GC-P) or Gateway Corridor – Secondary (GC-S). Whenever in the Zoning Ordinance reference is made to Gateway Corridor 1 District (GC-1) and/or Gateway Corridor 2 District (GC-2), or any like form, the same shall be construed to refer to the Gateway Corridor District (GC).
A. General Provisions.
Establishing the Gateway Corridor Overlay Districts.
Based on the definition and intent of these districts, Gateway Corridor Overlay Districts shall be recommended by the Planning Commission and designated by the City Council. Once designated, these areas shall be identified on the Zoning Map of Opelika.
Applicability.
All rules, regulations, conditions, and requirements set forth in this Section are applicable as follows:
Except as provided herein, the Gateway Corridor Overlay District regulations shall apply to any land parcel, lot, or commercial group development within the corporate limits of the municipality when any portion of said parcel, lot, or commercial group development falls within required distance from a designated corridor as stated in Section 7.6.
Any new subdivision, development, or construction in a GC-P and GC-S Overlay zoning district consisting of non-residential development or the development or more than two (2) residential dwelling units.
An alteration to an existing non-residential or multi-family building(s), development(s), or construction which increases or decreases the amount of gross floor area of a structure or building on a lot by more than fifty (50%) percent.
In cases where the GC-P or GC-S overlay property in the C-1 zoning district, the C-1 zoning regulations shall apply.
In cases where the GC-P or GC-s overlay property in a designated historic district the design guidelines of the historic district shall apply.
See Section 7.7(a) and Section 7.8 for application of the GC-P or GC-S standards regarding the Village Commercial and Village Residential zoning districts.
Where specific PUD, PRD, or R/E zoning and master development plans have been approved, any explicit standards designated through the master plan shall take precedence over Gateway Corridor standards. In absence of alternative standards approved by the master plan, GC-P or GC-S standards shall apply to those properties with any Gateway Corridor designation.
B. Administration.
1.Preparation conference.
Prior to subdividing, developing or constructing in the GC-P or GC-S the owner or his representative shall meet with the Planning Department to review the feasibility of the proposed project in terms of its consistency with the Comprehensive Plan, surrounding uses and zoning, and the adequacy of existing or public planned facilities. The owner shall provide the following information for consideration at this conference:
A sketch plan showing the location and acreage of the project and the proposed layout of the streets and uses in relation to existing natural and man-made conditions. This plan may be a free-hand sketch made on a copy of a topographic map.
b.Proposed uses.
c. Identification of proposed method of water supply and sewage disposal.
d. Following the pre-application conference, and after the Planning Department has determined that the proposed use would be considered a conditional use, the owner may file a conditional use application (see Section 8.17 Conditional Uses) and submit supporting materials as outlined in subsection 2 below.
2. Development plan and written report.
A development plan and written report of the project will need to be submitted to the Planning Staff and will only be accepted after a pre-application conference. This plan and report will be reviewed by the Planning Staff, other relevant City Staff (i.e. City Engineer, Public Works Director, Building Inspector, etc.)
The following documents will be required for approval:
a. A conditional use application and submission if use approval is required for the proposed development or use meeting the requirements of Section 8.17
b. A site plan shall be of a standard size and drawn by an architect, landscape architect, engineer or licensed surveyor meeting the requirements of Section 8.16.
c. A written report describing the intent and general character of the proposed development may be required when deemed applicable and may include:
A general description of the project;
Any proposed standards for development, including restrictions on use, density, yard requirements and protective covenants;
Any plans for the protective of abutting properties;
Identification of any proposed dedication of land for public use;
Expression of intent with regards to the provisions of open space, courts, walks, and other common areas and their maintenance
Tables showing the acreage in the overall project and in each use, as well as density calculations for residential areas;
A project completion schedule by phase;
Any exceptions, variations or waivers from the requirements of the Zoning Ordinance that are being requested (i.e., the minimum lot area, width, frontage and yard requirements and maximum height requirements otherwise applying may be requested to be waived or modified for the purpose of promoting a more unified, reasonable, or appropriate site plan);
Any other data requested by the Planning Department considered necessary to an understanding and evaluation of the project.
This information may be included on the site plan, landscape plan, utility or engineering plans when deemed appropriate with the reviewing department.
Reserved
Reserved
Noncompliance.
The violation of any provision of the approved development plan shall constitute a violation of the Ordinance.
General Development Standards
a. Lighting Requirements
Light or glare from any operation and all lighting for parking areas or for the external illumination of buildings or for the external illumination of buildings or grounds shall be directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one foot-candle measured from any property line adjoining a residential zoning district. Outside lights for nonresidential properties/uses must be made up of a light source and reflector so that acting together the light beam is controlled and not directed across an adjacent property. It is the intent of this provision to prevent light from spilling over to adjacent properties in amount that can created negative impacts. The zoning ordinance requires that appropriate lighting in accordance with the latest recommendations of the Illuminating Engineering Society (IES) guidelines be followed. It is recommended that for lighting parking areas, the developer use a vertical burn, super metal halide, forward projection fixture using cut-off type housing, i.e. shoe box type housing. In addition, it is recommended that the poles be made of metal and of a platinum color to lessen their visibility during the day and that, the heights of the poles not exceed 25 feet.
b. Materials and Cladding Requirements
New construction in the GC Overlay District:
Primary building facades within the corridor overlay facing any public right-of-way shall be finished with 100% of one or more of the following materials:
Brick and brick veneer;
Stone, stone veneer, and cultured stone;
Glass
Precast or field-poured tilt concrete panels with texture and architectural detailing;
Stucco with architectural detailing;
Cementous siding;
Wood and wood materials designed and intended for use as exterior finish material;
Tilt wall panels;
Decorative or architectural split-faced Concrete Masonry Units (CMU);
Other primary materials approved by the Planning Commission consistent with the purpose of these standards, including architectural metal panels.
Architectural features and attachments may be approved by the Planning Department.
Approved building materials shall extend from the front façade around side of the building 20 feet or 20 percent of the wall length whichever is greater. Allowances may be provided for contributing structures in a designated historic district.
Fencing and Screening
No wire mesh, chain link, barb wire, or razor wire shall be used forward of the front plane of the building without approval of the Planning Commission.
No fencing over 4 feet in height shall be used forward of the front plane of the building without approval of the Planning Commission.
Dumpster enclosure must be located behind the front plane of the building and be screened by approved corridor materials.
c. Landscaping Requirements: In addition to requirements set forth in Section X, Landscape Regulations of the Opelika Zoning Ordinance, the following buffer and landscape requirements apply.
1. Street Frontage Landscape Buffer:
a. Off street parking lots, fronting on the public right-of-way of a designated gateway corridor shall provide a 15 foot wide planting area between the property line and edge of parking lot. The planting area shall consist of plants as listed in Section 10.6, D.2.b of the Landscape Regulations.
b. Off street parking lots, fronting on the designated public right-of-way of other streets shall provide a 10 foot wide planting area between the property line and edge of parking lot. The planting area shall consist of plants as listed in Section 10.6, D.2.b of the Landscape Regulations.
A 6 foot parking lot buffer shall be planted between the non-street property lines and edge of parking lot (asphalt) consisting of medium and understory trees, and shrubbery as listed in Section 10.6 D.2.b of the Landscape Regulations.
Interior Parking Lot Landscaping: Off street parking lots with 25 parking spaces or more shall designate parking lot islands and/or peninsulas as planting areas.
The planting areas shall be located to divide and break up expanses of parking stalls, and the size of each planting area shall be sufficient to accommodate growth of trees and shrubs.
Each planting area shall consist of at least 1 canopy tree or 1 medium tree with each consecutive planting area alternating these types of trees. The remaining planted area shall be planted to capacity with shrubs or other approved plantings. Landscape plans shall be approved by Planning Department.
If these Gateway Corridor requirements and Landscape coincide or overlap, the most restrictive regulation shall take precedence.
Alternative landscape plans not meeting the requirements above may be approved by the Planning Commission.
d. Equipment and Mechanical Screening:
1. All utility meters, air conditioning units and similar mechanical units shall be screened so as not to be visible from a public right-of-way.
2. All rooftop mechanical units shall be screened from the designated gateway corridor by a parapet wall or other means.
3. Plans must be approved by relevant utility company for safety
Special Development Standards
a. Auto Repair
New or expanded automobile repair facilities in this overlay must meet the following standards.
Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times.
Unlicensed, untitled vehicles shall not be permitted on the site at any time.
No body or chassis shall be stored on the site at any time. All parts, including body parts, shall be stored within a completely enclosed structure.
Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.
There must be a separator within the drainage system if cleaning agents are being rinsed off of vehicles for all washing/rinsing.
There shall be no selling of vehicles at a shop for auto repair. The area around the building shall be kept free of debris and shall be maintained in an orderly and clean condition.
No repair, service or paint bay shall be oriented so that its interior is visible from the corridor street.
b. Truck stop
1. The total development site of all truck stops shall, in their entirety, be located within one thousand five hundred (1,500) feet of the Interstate 85 right-of-way.
2. No truck stop shall be located greater than quarter mile from the intersection of an Interstate exit ramp and the cross street.
3. All parking areas shall be an all-weather hard surface.
4. Light shall be shielded and oriented in a manner to prevent spillage onto adjoining properties or interfere with traffic. Where possible lighting shall be recessed in canopies.
5. Public address system shall not be audible at any property line.
6. No repair or service bay shall be oriented so that its interior is visible from the corridor street.
7. There must be a separator within the drainage system if cleaning agents are being rinsed off of vehicles for all washing/rinsing.
8. Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times.
9. No outside display of goods for sale is allowed.
c. Fast food restaurant
1. Access points and driveways shall be planned and shared between properties to the greatest extent possible.
2. Drive-in displays, ordering areas, and parking canopies are permitted but shall not serve as the singularly dominant feature on the site or as a sign or attention getting device. Order box and pick-up window shall not be oriented towards the designated corridor.
3. The order box must be at least 100-feet away from any residence.
That Section 8.16, “SITE PLAN REVIEW”, is hereby amended to read as follows:
Sec. 8.16 SITE PLAN REVIEW
The following information is required for site plan review. A site plan must accurately show all relevant information about a proposed development to permit it to be reviewed against the requirements of this Ordinance, and to provide a permanent record as to the type and characteristics of development approved on the site. Site plans shall be drawn, on an overall sheet size not to exceed 24 by 36 inches, to a standard scale. When more than one (1) sheet is needed, a series of drawings showing different elements of the site design, such as landscaping, utilities, or topography may be submitted. Where such a series is submitted, the top sheet shall include an index of all other sheets in the series. These shall be bound in a single package, with each sheet labeled as to what it shows and its number in the series (e.g., Landscaping Plan, Sheet 2 of 3) The following information is required for site plan approval. If a standard is not applicable to the proposed use the Planning Director may waive the requirement.
General Information:
Project name;
Project owner;
Name, address and contact of project representative
Date and version of site plan
Standard scale (not smaller than one hundred (100) feet to the inch), dimensions and north arrow;
Vicinity map showing the site in relation to adjoining properties, streets and other landmarks such that its location within the City can easily be determined.;
Owner and use of adjacent property;
Total size of the development area in both acreage (to nearest tenth) and square footage;
Zoning of subject property and adjacent properties
Proposed use;
Graphic Information:
Boundaries of the site noting bearings and distances from a certified document
Size, arrangement and orientation of all buildings, existing and proposed to include:
their proposed uses;
dimensions
All other proposed uses not contained in a building, their location, and acreage in each, including, but not limited to:
Outdoor sales or seating areas,
Outdoor service areas,
Storage areas and yards
Location, width and names of existing or previously platted streets, railroads;
Location, width of all existing and proposed utility easements
Location, size and dimensions of all previous or proposed vehicular drives, entrances, exits, traffic-circulation patterns, and acceleration and deceleration lanes;
Location, size, arrangement, and capacity of all areas to be used for off-street parking and off-street loading, specifying dimensions of parking spaces and delineating loading spaces and designated handicapped parking spaces;
Location, size, height, composition material, illumination, and orientation of all signs;
Location of dumpsters/roll-carts and any proposed enclosure
Location, height, configuration, and material of all walls, fences, or other structures proposed;
Location of all other impervious surface areas
All flood-prone areas as delineated by the Flood Insurance Rate Maps published by the Federal Emergency Management Agency (FEMA), including a notation of the 100-year flood elevation.
All known wetlands and watercourses, including lakes, streams, etc.
Phase lines, if the development is to be constructed in phases.
Location of existing and proposed sidewalks, greenways or bicycle paths
Notational Information: (information to be provided on site/development plan as required)
Number of units (residential only)
Density of site (residential only)
Floor area in square feet, floor area ratio, maximum and proposed
Impervious surface area in square feet, impervious surface ratio (ISR), maximum and proposed
Parking chart including required parking and proposed parking
Building height and number of stories
Note that the site will meet all requirements of the City of Opelika Lighting Requirements
Any exceptions, variations or waivers from the requirements of the Zoning Ordinance that are being requested (i.e., the minimum lot area, width, frontage and yard requirements and maximum height requirements otherwise applying may be requested to be waived or modified for the purpose of promoting a more unified, reasonable, or appropriate site plan);
Additional Documents
Landscape plan (see Section X) including designated open space, and all proposed buffers and/or screening, both peripheral and internal;
Any applicable covenants or restrictions.
Any additional information identified and necessary to review the specific site or use.
Technical Information
Location, grades, and sizes of utilities (water, manholes, sanitary sewer, storm drainage, and power), and the dimension and location of easements;
Location of proposed major surface water drainage improvements including required retention or detention;
Topography at five foot (5’) contour intervals or less, including floodplain boundary;
Identification of the proposed method of water supply, sewage disposal, solid waste disposal and calculation of demand for such services;
Identification of intended method of surface water drainage;
6. Calculation of average daily traffic and peak hour(s) vehicle trip ends to be generated by the project with estimate of preferred route split;
7. Expression of intent with regards to the provisions of open space, courts, walks, and other common areas and their maintenance;
8. Lighting plan identifying all lighting fixtures to be incorporated on-site and including a certified computer analysis by an approved lighting manufacturer indicating that direct or indirect illumination from the source of light shall not exceed on foot-candle measured at any lot line. All lighting shall be in accordance with Illuminating Engineering Society (IES) guidelines.
That Section 8.17, “CONDITIONAL USE”, is hereby amended to read as follows:
Sec. 8.17 CONDITIONAL USE
A. Purpose.
Conditional uses are those uses that may have some special impact when proposed for location in particular zoning district or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed d in a particular location. At that time, a review of the location, design, configuration, and impact is conducted to determine whether the proposed use should be permitted by weighing public need or benefit against the local impact. The review considers the proposal in terms of existing zoning and land use in the vicinity of the use; planned and proposed public and private developments that may be adversely affected by which it is suggested is necessary or desirable to provide a development that is in the interest of the public convenience or that will contribute to the general welfare of the area or the City of Opelika; and whether and to what extent all steps possible have been taken by the developer to minimize any adverse effect of the proposed use on the immediate vicinity and on the proposed use on the immediate vicinity and on the public health, safety, and welfare in general.
Applicability.
Any use that is permitted as a conditional use by this ordinance shall comply with this Section. Any permitted use proposed for development at a land use intensity that exceeds the maximum permitted by the district, provided it does not exceed the maximum allowed by this ordinance, shall comply with this Section. Any renovations reuse, or preservation proposal that includes a change of use that is not allowed by the zoning district in which the structure is located, shall comply with this Section. Any use that involves filling of a floodplain shall comply with this Section.
C. Procedure.
Applications for a conditional use permit shall be submitted simultaneously with an application for a building permit unless prior approval has been obtained. Applications must be submitted (21) twenty-one days prior to the Planning Commission meeting at which they are to be heard. Applications for conditional uses in all districts must contain the following information:
Applications involving new construction, additions, or site reconfiguration must comply with the applicable requirements of Section 8.16 except for subsection E. Technical Information which is only required at the conditional use approval stage if requested by the City Staff or the Opelika Planning Commission. This does not obviate any need for these items during a later site plan or technical review.
Applications for conditional uses that do not require external modification or improvements, such as those in an existing building in a downtown environment or suite in an existing and multi-tenant building, may with approval of the Planning Director submit a reduced conditional use application limited to the internal space or other relevant information.
The application shall be denied if the Planning Commission finds either that the application and records fail to establish compliance with the standards made applicable to the proposed location, will be inconsistent with the standards applicable to it pursuant to the provisions of this ordinance. Further, the application shall be denied if the adverse impacts of the development, after taking into consideration any proposals of the applicant and any conditions that might be imposed by the Planning Commission pursuant to the provisions of this ordinance to ameliorate them, outweigh any public or private benefits of the proposal and require denial of the conditional use approval in the interest of the overall public health, safety, and welfare.
In order to prevent or minimize adverse affects from the proposed use and development. On other properties in the neighborhood and on the general health, safety, and welfare of the City of Opelika, the Planning Commission may, in approving the application for any conditional use permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval as it determines are required by the general purposes, goals and objectives of the Comprehensive Plan and this ordinance. All conditions imposed upon any conditional use permit approval, with the exception of conditions made applicable to such approval by the express terms of this ordinance, shall be expressly set forth in the resolution granting such conditional use permits.
Within thirty (30) days of the public hearing on the application, unless an extension of this time is agreed to by the applicant, the Planning Commission shall either grant the application for a conditional use permit, grant it subject to conditions, or deny it. The failure of the Planning Commission to act within this time period shall constitute a decision by it that the application be approved.
In the event a permit for conditional use is approved or approved subject to conditions, the applicant shall in writing within fifteen (15) days following such decision, acknowledge such approval and unconditionally accept and agree to any conditions imposed on the approval. The City Planner shall then take action to process the application on the zoning certificate for the development to which the conditional use permit applies. In the event such permit is not approved or is approved subject to conditions that are not acceptable to the applicant, the applicant may, within the aforesaid time period, either appeal such decision to Circuit Court or abandon the application at the expiration of this fifteen (15) day period.
A conditional use shall expire one (1) year from the date of approval if a valid, current building permit has not been obtained. If the building permit expires or if no building permit is obtained within a year of being granted approval, then the petitioner shall need to resubmit a conditional use application and comply with the zoning ordinance in effect at the time of the resubmitted before proceeding with the conditional use.
D. Conditions on Conditional Use Approvals.
Every conditional use permit shall be contingent that the proposed developments fully comply with all requirements of this ordinance and, where applicable, with the Opelika Subdivision Regulations. The violation of any condition contained in a conditional use permit shall be a violation of this ordinance.
E. General Use Standards.
No application for a conditional use permit shall be approved unless the Planning Commission shall specifically find the proposed conditional use appropriate in the location for which it is proposed. This finding shall be based on the following criteria.
The proposed use shall be in harmony with the general purpose, goals, objectives, and standards of the Comprehensive Plan, this ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City.
There shall be a community need for the proposed use and a need to provide or maintain a proper mix of uses both within Opelika and also within the immediate area of the proposed use: (a) the proposed use shall not result in either a detrimental concentration of a particular use within the City or within the immediate area; and (b) the area for which the use is proposed is not better suited for or likely to be needed for the uses that are permitted as a matter of right within that district, in light of policies or programs of the City of Opelika.
The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare, either as they not exist or as they may in the future be developed as a result of the implementation of provisions and polices of the Comprehensive Plan, this ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City or other governmental agency having jurisdiction to guide growth and development.
The proposed use in the proposed area will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities, and services specified in this subsection. Where any such improvements, facilities, utilities, or services are not available or adequate to service the proposed use in the proposed location, the applicant shall, as part of the application and as a condition to approval of the proposed conditional use permit, be responsible for establishing ability, willingness and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with the Comprehensive Plan, this ordinance, the other plans, programs, maps and ordinances adopted by the City to guide its growth and development. The approval of the conditional use permit shall be conditional upon such improvements, facilities, utilities, and services being provided and guaranteed by the applicant.
F. Amendments to Permits for Conditional Uses.
Following the issuance of a conditional use permit pursuant to the provisions of this ordinance, such permit may be amended, varied, or altered only pursuant to the standards and procedures established by the Article for its original approval.
Section 2. Repeal of Conflicting Ordinances. Any ordinance or parts thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 3. Effective Date. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 4. Publication. The City Clerk is directed to publish a synopsis of this Ordinance in a newspaper of general circulation in the City of Opelika, Lee County, Alabama pursuant to Section 11-45-8(b)(2), Code of Alabama, (1975) as amended.
ADOPTED AND APPROVED this the _____day of ____________________, 2018. PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
CITY CLERK
TRANSMITTED TO MAYOR on this the _____day of 2018.
CITY CLERK
ACTION BY MAYOR
APPROVED this the _____day of _________________, 2018. MAYOR
ATTEST:
CITY CLERK
END
All interested persons are invited to attend the Public Hearing and be heard. Written comments concerning the above matter may be mailed to the City Clerk at City Hall, P.O. Box 390, Opelika, AL 36803 at any time prior to the Public Hearing and may be further submitted to the City Council at the meeting and Public Hearing.
The City Council reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance and to make amendments to the Zoning Ordinance.
Please contact Lisa McLeod, the City’s ADA Coordinator, at 334-705-5131 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
WITNESS my hand this the 13th day of December, 2017. /s/R. G. Shuman
CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Notice run 12/13/2017