Anticipated Zoning Overhaul Schedule - Mobile, …urban.cityofmobile.org/uploads/images/Zoning...

Anticipated Zoning Overhaul Schedule

Drafting

Zoning District Standards Module

Signs Module

Development & Design Standards Module

9/14/2017

Procedures-Platting Module

Supplemental Use Regulations Module

10/18/2017

Nonconformities/Vested Rights Module

Enforcement, Agencies and Definitions Module

11/29/2017

Final Complete Draft

3/14/2018

Consideration of Adoption

Planning Commission 4/6/2018

City Council 5/15/2018

Release of draft module

Technical Review Committee Meeting




Mobile Unified Development Code (DRAFT 9/5/17 – FOR DISCUSSION ONLY)

Chapter64UnifiedDevelopmentCode

C o n t e n t s Article II Composite Standards ...................................................................................................................................... 1

Section 64-10 Generally ................................................................................................................................................ 1

Section 64-11 Building Design ..................................................................................................................................... 2

Section 64-12 Site Design ............................................................................................................................................ 12

Section 64-13 to ........................................................................................................................................................... 19

Section 64-14 Reserved. .............................................................................................................................................. 19

[NOTE: GRAPHICS IN THIS CHAPTER ARE PRELIMINARY, AND SUBJECT TO REVISION OR EXPANSION]

Article II Composite Standards | Section 64-10 Generally

Mobile Unified Development Code (DRAFT 9/5/17 – FOR DISCUSSION ONLY) | 1

A r t i c l e I I C o m p o s i t e S t a n d a r d s

Section 64-10 General ly

Purpose: the standards in this Article balance Map for Mobile’s design policies with market conditions and the need for flexibility. These standards are a hybrid of modern, form-based zoning standards and conventional, well understood zoning metrics. They allow the City to provide an incentive-based approach to zoning, rewarding higher levels of design with additional development potential and calibrated development standards, while accommodating the needs of suburban residential and commercial development patterns and industrial uses. This Article implements the following policies of Map for Mobile: Provide strong neighborhoods with unique identity and sense of place. Promote high-quality design of the built environment with an attractive and distinctive streetscape

and public realm, and new private property development that is distinguishing yet in keeping with City and neighborhood character.

Provide for mixed uses in interconnected, pedestrian-oriented and walkable settings. Provide a mix of uses and amenities in both traditional and suburban centers to serve surrounding

neighborhoods and provide services and needs within walkable distances, Promote high-quality design of the built environment with new private property development that is

distinguishing yet in keeping with City and neighborhood character. Design buildings and sites to enhance and contribute to surroundings and neighborhoods Provide a built environment that focuses more on people to create more desirable, higher quality-of-

life places. Encourage designs that enhance a sense of place. Ensure the retention of individual neighborhood character through regulations and guidelines tailored

to specific neighborhoods. Provide for strong neighborhoods with a mix of housing types that provide for residents’ diverse needs,

along with diverse, quality, well-designed housing choices. Encourage innovative affordable housing types.

Encourage neighborhood-based designs for infill development or redevelopment. This Article accomplishes those goals by:

Enhancing Readability. Instead of creating new zoning districts or a series of overlay districts, composite zoning embeds the standards for use, building design, and site design into general district categories. This creates a customized set of standards that the City can administer for all new zoning cases, instead of having to negotiate individual standards for each new application.

Streamline the Approval Process. The City can establish composite zoning either through a comprehensive rezoning or by applicant-initiated rezonings to composite districts. In addition, property can be zoned to a composite district on adoption of this Chapter, a text amendment, or as part of an area planning effort. This allows property within a composite district to be approved with streamlined procedures.

Match Standards to Their Context. Composite zoning can also provide more precise planning. This is because the zoning map can reflect not just use categories, but also the City’s design expectations for an area. Composite building and site design standards address key design considerations in a range of contexts throughout Mobile.

The zoning regulations (Article III) provide the combinations of building and site design that are allowed in each zoning district. In many districts, higher quality design or more compact development patterns are associated with higher density, building height or coverage.

Article II Composite Standards | Section 64-11 Building Design


Section 64-11 Building Design

A . Genera l l y

1. Each building design category includes the following elements:

Application This indicates the situations where the building type is applied. Refer to the zoning district regulations (Article III) for dimensional requirements that apply to each category.

Orientation The orientation or facing of the building relative to the lot or street. Frontage The type of building entry, which provides the building’s interface with the street or public realm.

Facade The degree to which public entrances or breaks in the building plane are required. For urban situations, public entrances on the street maximize street activity, to provide pedestrians with frequent opportunities to enter buildings, and to minimize any expanses of inactive wall.

Transparency The percent of windows or glazing within a street facing wall plane. This is required to encourage walkability by allowing potential customers to view merchandise, minimize crime by providing for natural surveillance, and for aesthetics.

2. The building design types that apply to an area are designated on the zoning map.

3. The standards that apply to each building design type are set out in subsections B through G below. The range of design standards that apply to building design type are briefly summarized in the table below.

Table II- 1 Summary of Building Design Elements

Type Primary Application (see Future Land Use Plan)

Orientation Frontage Façade Transparency

A Low-Density Residential

Street, yard, or civic space

Front-facing entry element (porch, stoop, etc.)

Garage deemphasized Not regulated

B Mixed Density Residential


High level of ground floor pedestrian interest with front-facing entries (porch, stoop, etc.)

High or moderate articulation, garage deemphasized

Moderate transparency for street surveillance and visual interest

C Traditional Neighborhood Center/ Downtown / Traditional Corridor


High level of ground floor pedestrian interest and transparency with front-facing entries (canopy, courtyard, etc.)

Highly articulated façade, with a high level of transparency

High transparency for walkability, street surveillance and visual interest

D District Center, Suburban Neighborhood Center, Mixed Commercial Corridor

Street, parking, or civic space

Moderate level of ground floor pedestrian interest with front-facing entries (canopy, courtyard, etc.)

Moderately articulated façade, with a moderate level of transparency

Moderate transparency for walkability and visual interest

E Institutional, Light Industry

Street, parking, or civic space

Not regulated Façade with a range of articulation

Moderate transparency for walkability, street surveillance and visual interest

F Heavy Industry Not regulated Not regulated Façade with a range of articulation

Not regulated



B . Bui ld ing Des ign Type A

Application Single-family building types: Districts RL (Residential Single-Family), for single-family dwellings in RMT or RMF (Residential Mixed). These standards apply to residential single-family dwellings in traditional neighborhoods, or where the City’s planning policies require traditional design elements.

Orientation An entry through a required frontage type must directly face a street, lawn, or civic space. Garage doors shall be subordinate to the primary façade, using one of the following options

[ see examples on next page]:

1. The garage is detached and located entirely in the rear yard, or

2. If front-facing, the garage door(s) extends no more than 50% of the primary façade width or 28’, whichever is greater, or

3. The garage door(s) are set back at least 10’ from the primary façade,

4. The garage door(s) are oriented perpendicular to the street or face the opposite

direction from the street.

Frontage Porch, stoop, courtyard, or recessed entry. Facade Not regulated.

Transparency Not regulated.

D

A

B

C



Orientation – Garage Door Options Frontage

A

B

C

D

Porch

Stoop

Courtyard

Recessed Entry

Note: graphics to be completed



C . Bui ld ing Des ign Type B

Application Multi-family building types: Districts RL (Residential Single-Family), RM (Residential Mixed), and multi-family buildings in (Neighborhood Center-Traditional), DC (District Center), CT (Corridor-Traditional).

Orientation An entry through a required frontage type must directly face a street, lawn, or civic space. Garage doors shall be set back at least 20’ from the primary façade, located in a detached

structure to the rear of the primary structure, oriented perpendicular to the street, or facing the opposite direction from the street.

Frontage Porch, stoop, courtyard, recessed entry, or awning or canopy. Facade The façade must incorporate balconies facing the street for each dwelling unit along the front

façade, or at least one horizontal and one vertical articulation element as follows: Horizontal Wall Offset. A horizontal wall plane offset of at least 3’, extending for the full height of the

primary façade. Wall Notch. A setback or notch in the wall plane at least 3’ deep and 6’ wide for the full

height of the primary façade. Wall projection. A projection or molding at least 4” deep and 1’ wide for the full height of

the primary façade. Vertical. For a development with 3 or more buildings on a lot, or a building at least 75 feet wide: Variation in Height. A variation in building or parapet height of at least 2’ (or 4’ for

buildings greater than 24’ in height). Variations in Roof Form. Use of more than one roof form to divide the building into

different building modules.

Transparency At least 20% transparent windows for each front facing façade visible from the street.

A

B

C

D

E



A

B

C

Façade - Horizontal Articulation Façade - Vertical Articulation

D

E

Frontage

Porch

Awning/Canopy

Stoop




D. Bui ld ing Des ign Type C

Application Urban building types with a close connection to the street: Districts D (Downtown), NCT (Neighborhood Center-Traditional), DC (District Center), CT (Corridor-Traditional), and for limited application in NCS(A) (Neighborhood Center-Suburban), DW(B) (Downtown Waterfront), and CM (Corridor-Mixed). IL(A) (Light Industrial).

Orientation A public entrance must directly face a street or a civic space.1 Frontage Recessed entrances, pedestrian courtyards, vehicular courtyards, awnings or canopies,

marquees, balconies, colonnades, galleries, or arcades. Where Building Design Type C is required, these elements do not apply to residential or civic uses.

Facade Public entrances: 1 per 50 feet 2 Transparency Each story of any building facing a primary street or civic space: 20 – 75% as transparent

windows.3 Ground floor (storefronts only): 50% percent4

Frontage

Gallery/Arcade

Awning/Canopy

Pedestrian Courtyard




E . Bui ld ing Des ign Type D

Application Building type suitable for suburban development patterns: Districts CM (Corridor-Mixed), NCS (Neighborhood Center-Suburban), DC (District Center), and CM (Corridor-Mixed), and for limited application in NCT(B or C) (Neighborhood Center-Traditional), CT (Corridor-Traditional), and IL (Light Industrial).

Orientation An entry through a required frontage type must directly face a street, civic space, or parking area along a public street.

Frontage Recessed entrances, pedestrian courtyards, vehicular courtyards, awnings or canopies, marquees, balconies, colonnades, galleries, arcades, or tower/raised parapet/pitched roof elements.

Facade The façade must include at least one horizontal and one vertical articulation element as follows: Horizontal (at least one every 75 feet of horizontal width for a street facing façade) Wall Offset. A horizontal wall plane offset of at least 4’, extending for the full height of the

primary façade. Wall Notch. A setback or notch in the wall plane at least 4’ deep and 8’ wide for the full

height of the primary façade. Wall projection. A projection or molding at least 4” deep and 1’ wide for the full height of

the primary façade. Vertical (at least one every 75 feet of horizontal width for a street facing façade) Variation in Height. A variation in building or parapet height of at least 2’ (or 4’ for

buildings greater than 24’ in height). This may include tower/raised parapet/pitched roof elements.

Variations in Roof Form. Use of more than one roof form to divide the building into different building modules.

Transparency At least 30% transparent windows for each front facing façade visible from the street. The

applicant may substitute: architectural details such as metal screens or grillwork, or Permanent planters at least 3’ in height, attached to the ground floor of the building.

B

C

D

E

A



A

B

C

Façade - Horizontal Articulation Façade - Vertical Articulation

D

E

Frontage

Awning/Canopy

Tower/Raised Parapet/Pitched Roof Elements

Arcade/Gallery

Note: graphics are placeholders to be completed, and will show suburban building types



F . Bui ld ing Des ign Type E

Application Office, institutional or campus type buildings: Districts P (Public-Institutional) and IL

(Light Industrial), and allowed in DW (Downtown Waterfront) and IH (Heavy Industrial).

Orientation An entry through a required frontage type must directly face a street, civic space, or parking area along a public or internal street.

Frontage Any entry that extends from or recesses into the front wall plane, extending vertically at least 15 feet or to the top of the front elevation and with a continuous width of at least 12 feet at all points along the required vertical dimension.

Facade The façade must include at least one horizontal and one vertical articulation element as follows: Horizontal (at least one every 100 feet of horizontal width for a street facing façade) Wall Offset. A horizontal wall plane offset of at least 4’, extending for the full

height of the primary façade. Wall Notch. A setback or notch in the wall plane at least 4’ deep and 8’ wide for

the full height of the primary façade. Wall projection. A projection or molding at least 4” deep and 1’ wide for the full

height of the primary façade. Vertical (at least one every 100 feet of horizontal width for a street facing façade) Variation in Height. A variation in building or parapet height of at least 2’ (or 4’

for buildings greater than 24’ in height). This may include tower/raised parapet/pitched roof elements.

Variations in Roof Form. Use of more than one roof form to divide the building into different building modules.

Transparency At least 20% windows (transparency is not required) for each front facing façade visible

from the street.




G. Bui ld ing Des ign Type F

Application Industrial or warehouse type buildings: Districts IH (Heavy Industrial), DW

(Downtown Waterfront), and for limited application to IL(B) (Light Industrial). Orientation A public or employee building entry must directly face a street, civic space, or parking

area along a public or internal street. Frontage Not regulated

Facade The façade must include at least one horizontal articulation element (at least every 150 feet of horizontal width for a street facing façade) as follows: Wall Offset. A horizontal wall plane offset of at least 3’, extending for the full

height of the primary façade. Wall Notch. A setback or notch in the wall plane at least 3’ deep and 6’ wide for

the full height of the primary façade. Wall projection. A projection or molding at least 4” deep and 1’ wide for the full

height of the primary façade.

Transparency Not regulated


Article II Composite Standards | Section 64-12 Site Design


Section 64-12 Site Design

A . Genera l l y

1. Each site design category includes the following elements:

Application This indicates the situations where the site design type is applied. Refer to the zoning district regulations (Article III) for dimensional requirements that apply to each category.

Building placement

Refers to the location of buildings relative to other site features such as sidewalks, civic spaces, and yards.

Civic Space Refers to the type and placement of common open space and civic spaces such as trails, internal pedestrian connections, plazas and squares.

Landscaping Describes generally the type and location of landscaping features to buffer surrounding neighborhoods, and to mitigate the stormwater, heat island and visual impacts of development.

Parking Refers to the location and placement of parking relative to principal buildings and other site features.

Pedestrian circulation

Refers to the type and placement of internal sidewalks, trails, and other site features that accommodate pedestrian movement. These are in addition to any sidewalks required by Article IV.

Note: Refer to Article IV for specific standards for yards, parks/open space/civic space, landscaping, and parking.

2. The site design types that apply to an area are designated on the zoning map.

3. The standards that apply to each building design type are set Out in subsections B through G below. The range of design standards that apply to building design type are briefly summarized in the table below.

Table II- 2 Summary of Site Design Elements

Type Primary Application (see Future Land Use Plan)

Building Placement Civic Space Landscaping

Building Placement Parking

Pedestrian Circulation

1 Low-Density Residential

Buildings located to allow for front and rear yards

Common open space required for subdivisions

Not regulated Buildings located to allow for front and rear yards

Not regulated except as provided in Article IV

Sidewalks, walkways and paths

2 Mixed Density Residential

Buildings clustered to preserve open space

High level of passive open space oriented around natural features

Limited or modest landscaping for buffering and visual impacts.

Buildings clustered to preserve open space

Not regulated except as provided in Article IV

Sidewalks, trails and paths

3 Traditional Neighborhood Center/ Downtown / Traditional Corridor

Buildings located near the sidewalk edge

Civic space that is compact in scale, and that provides pedestrian connections or gathering places.

Limited urban landscaping to promote pedestrian orientation and reduce visual impacts of parking.

Buildings located near the sidewalk edge

Parking located to the rear or side of buildings in small modules / quantity limited

Buildings are connected to the street / sidewalks and paths connect to greenways and neighborhoods

4 District Center, Suburban Neighborhood Center, Mixed Commercial Corridor

Buildings set back from street or located near the sidewalk edge or

Civic space is a combination of compact or linear spaces that provide pedestrian connectivity, and natural or passible spaces where needed for resource protection or buffering.

Significant landscaping to reduce visual impacts of parking and enhance community image.

Buildings set back from street or located near the sidewalk edge or

Parking set back from the sidewalk edge in landscaped lots / sufficient quantity

Sidewalks and paths connect to greenways & neighborhoods

5 Institutional , Light Industry

Buildings located to allow for front yards and interior civic space

Internal open space provides gather places, and that connects buildings and destinations.

Significant landscaping to enhance community image.

Buildings located to allow for front yards and interior civic space

Parking set back from the sidewalk edge in landscaped lots / sufficient quantity

Paths and sidewalks connect buildings and parking

6 Heavy Industry

Buildings generally set back from the sidewalk edge

Not regulated Landscaping where needed to buffer lower intensity uses.

Buildings generally set back from the sidewalk edge

Parking set back from the sidewalk edge / Sufficient quantity for both cars and trucks

Not regulated





B . S i te Des ign Type 1

Application Single-family residential neighborhoods: Districts RL (Residential Single-Family), for

single-family dwellings in RMT or RMF (Residential Mixed). These standards apply to residential single-family dwellings in traditional neighborhoods, or where the City’s planning policies require traditional design elements.

Building placement Buildings are located to accommodate front, side and rear yards where required by the zoning district regulations (see article III).

Civic Space Natural Area, Greenway, Community Garden, Park, Recreation Area, Waterfront Promenade, School Site, Plaza, Square, Courtyard, Pedestrian Pathway, Green. See zoning district regulations (Article III) for minimum civic space area, and Article IV for civic space specifications.

Landscaping Not regulated Parking Not regulated except as provided in Article IV

Pedestrian Circulation

Pedestrian connections are provided as follows: A walkway that connects the front entry directly to a public sidewalk, and Sidewalks, walkways or paths within a development that lead directly to a public

sidewalk on the perimeter.

Note: graphics to be completed after discussion of parking and civic space types in Article IV



C . S i te Des ign Type 2

Application Multi-family developments: Districts RL (Residential Single-Family), RM

(Residential Mixed), and multi-family buildings in (Neighborhood Center-Traditional), DC (District Center), CT (Corridor-Traditional).

Building placement Buildings are located to accommodate front, side and rear yards where required by the zoning district regulations (see Article III).

Civic Space Natural Area, Greenway, Community Garden, Park, Recreation Area, Waterfront Promenade, School Site, Plaza, Square, Courtyard, Pedestrian Pathway, Green. See zoning district regulations (Article III) for minimum civic space area, and Article IV for civic space specifications.

Landscaping One of the following landscaping strategies must be used within the required minimum setback area on the edges of a residential site adjacent to an arterial or collector street and any RL district: Planted Buffer with No Fence or Wall. A landscaped area that is at least 10’ deep

with at least 70% porous/permeable surfaces. Planted Buffer with a Fence or Wall. A landscaped area that is at least 7’ deep at

least 70% porous / permeable surfaces. A fence or wall no more than 3’ in height shall be located within the landscape area that includes posts and columns at least every 50’ and pedestrian gateways at least every 100’.

Street-facing Yard. A landscaped area between the public sidewalk and the front(s) of residences that is at least 10’ deep.

Parking Not regulated except as provided in Article IV Pedestrian Circulation Pedestrian connections are provided as follows:

A walkway that connects the front entry directly to a public sidewalk, and Sidewalks, walkways or paths within a development that lead directly to a public

sidewalk on the perimeter Walkways that connect residential buildings and sidewalks directly to common

open space and civic spaces.




D. S i te Des ign Type 3

Application Urban development with a close connection to the street: Districts D (Downtown), NCT (Neighborhood Center-Traditional), DC (District Center), CT (Corridor-Traditional), and for limited application in NCS(A) (Neighborhood Center-Suburban), DW(B) (Downtown Waterfront), and CM (Corridor-Mixed). IL(A) (Light Industrial).

Building placement Buildings are placed close to the street, with maximum setbacks and minimum frontage buildout requirements established by the applicable zoning district (see Article III).

Civic Space Community Garden, Park, Waterfront Promenade, School Site, Rotary or Circle, Plaza, Square, Courtyard, Pedestrian Pathway, Green. See zoning district regulations (Article III) for minimum civic space area, and Article IV for civic space specifications.

Landscaping Landscaping percentage requirements do not apply to the area between the street line and the building wall, due to the proposed location of street trees within the right-of-way and the desired close proximity of building wall to sidewalk to create traditional, walkable village and neighborhood centers. Street trees located adjacent to the lot frontage count toward the applicable tree requirements. If the required number of trees cannot fit within the minimum landscaped area, remaining trees shall instead be donated to the city tree commission to be planted as public trees. 5

Parking Surface parking is placed behind the principal building or interior to a block. Parking areas located behind the principal buildings are not subject to the minimum landscaping requirements of Article IV.

Structured parking is either placed behind the principal buildings or interior to a block, or located in a standalone or attached structure with: (1) commercial space on the ground floor, or (2) a maximum width of 75 feet or 30% of the block face, whichever is less,

with no more than one parking structure per block face. Pedestrian Circulation Pedestrian connections are provided as follows:

A public building entry connected directly to a public sidewalk, and At least one pedestrian connection across the development defined with direct

building-sidewalk connections as provided above, interior sidewalks, special paving material or landscaping.

If the development connects to public open space (such as a park, greenway, or multiuse trail), at least one dedicated pedestrian and bicycle connection to the open space.




E . S i te Des ign Type 4

Application Suburban development patterns: Districts CM (Corridor-Mixed), NCS (Neighborhood Center-Suburban), DC (District Center), and CM (Corridor-Mixed), and for limited application in NCT(B or C) (Neighborhood Center-Traditional), CT (Corridor-Traditional), and IL (Light Industrial).

Building placement Buildings are typically set back behind landscaped surface parking areas, and the site may have multiple buildings with anchor tenants and outbuildings at the edge of the parking area and facing a public street. Buildings may be placed either close to the street along the sidewalk edge, or setback with minimum yards established by the applicable zoning district (see Article III).

Civic Space Natural Area, Greenway, Park, Recreation Area, Waterfront Promenade, Rotary or Circle, Plaza, Square, Courtyard, Pedestrian Pathway, Green. See zoning district regulations (Article III) for minimum civic space area, and Article IV for civic space specifications.

Landscaping At least 20% of the site shall be landscaped. Tree save areas, riparian buffers, and low-impact stormwater management practices are credited toward required landscaping where provided in Article IV, § 64-48 (Landscaping & Tree Preservation). Buffers from adjacent RL zoned neighborhoods are required by § 64-48.

Parking Parking may be placed anywhere on the site, subject to the minimum yards established by the applicable zoning district (see Article III). At least 25% of the parking area must be shaded by large, medium or small trees (see Mobile Plant List).

Pedestrian Circulation Pedestrian connections are provided as follows: A public building entry connected directly to a public sidewalk, and At least one pedestrian connection across the development with interior

sidewalks, special paving material or landscaping paths. If the development connects to public open space (such as a park, greenway, or

multiuse trail), at least one pedestrian and bicycle connection to the open space.




F . S i te Des ign Type 5

Application Office or campus development: Districts P (Public-Institutional) and IL (Light

Industrial), and allowed in DW (Downtown Waterfront) and IH (Heavy Industrial). Building placement Buildings are typically distributed throughout the site, with a network of landscaped

Pedestrian Pathways in civic spaces connecting the buildings along with an interior street network. Buildings may be placed either close to the street along the sidewalk edge, adjacent to interior civic spaces, or setback with minimum yards established by the applicable zoning district (see Article III).

Civic Space Natural Area, Greenway, Waterfront Promenade, Rotary or Circle, Courtyard, Pedestrian Pathway, Green, and Water Feature. See zoning district regulations (Article III) for minimum civic space area, and Article IV for civic space specifications.

Landscaping At least 25% of the site shall be landscaped. Natural Areas, Greenways, Waterfront Promenades, landscaped Pedestrian Pathways, and Greens are counted toward required the landscaping percentage. Tree save areas, riparian buffers, and low-impact stormwater management practices are credited toward required landscaping where provided in Article IV, § 64-48 (Landscaping & Tree Preservation). Buffers from adjacent RL zoned neighborhoods are required by § 64-48.

Parking Parking shall be distributed into modules separated by Pedestrian Pathways, Greenways, landscaped Pedestrian Pathways, or Greens. At least 25% of each parking module must be shaded by large, medium or small trees (see Mobile Plant List).

Pedestrian Circulation Pedestrian connections are provided as follows: A public building entry connected directly to a public sidewalk, and At least one pedestrian connection across the development with interior

sidewalks, special paving material or landscaping paths. If the development connects to public open space (such as a park, greenway, or multiuse trail), at least one pedestrian and bicycle connection to the open space.


Article II Composite Standards | Section 64-13 to


G. S i te Des ign Type 6

Application Buildings are typically distributed throughout the site, with room for employee

parking and circulation for trucks, heavy machinery, and industrial equipment. Industrial or warehouse development: Districts IH (Heavy Industrial), DW (Downtown Waterfront), and for limited application to IL(B) (Light Industrial).

Building placement Buildings may be placed anywhere on the site, subject to the minimum yards established by the applicable zoning district (see Article III).

Civic Space Not regulated Landscaping At least 12% of the site shall be landscaped. Natural Areas, Greenways, Waterfront

Promenades, landscaped Pedestrian Pathways, and Greens are counted toward required the landscaping percentage. Tree save areas, riparian buffers, and low-impact stormwater management practices are credited toward required landscaping where provided in Article IV, § 64-48 (Landscaping & Tree Preservation). Buffers from adjacent RL zoned neighborhoods are required by § 64-48.

Parking Parking may be placed anywhere on the site, subject to the minimum yards established by the applicable zoning district (see Article III).

Pedestrian Circulation Not regulated

Section 64-13 to

Section 64-14 Reserved.


0 Endnotes | Section 64-14 Reserved.


E n d n o t e s

1 From TCD, 64-4.H. 2 From TCD, 64-4.H. 3 From TCD, 64-4.H. 4 From TCD, 64-4.H. 5 From TCD, 64-4.H.

Mobile Unified Development Code (DRAFT 8/29/17 – FOR DISCUSSION ONLY)

Chapter64 UnifiedDevelopmentCode

C o n t e n t s Article III Zoning Districts ............................................................................................................................ 1

Section 64-9 Purpose ............................................................................................................................ 1Section 64-10 Districts Established ........................................................................................................ 1Section 64-11 Zoning Map ...................................................................................................................... 1Section 64-12 Zoning of Annexed Land ................................................................................................. 1Section 64-13 Residential Single-Family (RL) ....................................................................................... 2Section 64-14 Residential Mixed (RM) .................................................................................................. 3Section 64-15 Neighborhood Center-Traditional (NCT) ....................................................................... 4Section 64-16 Neighborhood Center-Suburban (NCS) .......................................................................... 5Section 64-17 District Center (DC) ......................................................................................................... 6Section 64-18 Downtown (D) ................................................................................................................. 7Section 64-19 Downtown Waterfront (DW) ........................................................................................... 9Section 64-20 Corridor-Traditional (CT) .............................................................................................. 10Section 64-21 Corridor-Mixed (CM) ..................................................................................................... 11Section 64-22 Light Industrial (IL) ....................................................................................................... 12Section 64-23 Heavy Industrial (IH) .................................................................................................... 13Section 64-24 Public-Institutional (P) .................................................................................................. 14Section 64-25 Planned Development (PD) ........................................................................................... 15Section 64-26 Historic District Overlay (HO) ...................................................................................... 17Section 64-27 Use Matrix ...................................................................................................................... 19

DRAFT – FOR DISCUSSION ONLY

Article III Zoning Districts |Section 64-9 Purpose

Mobile Unified Development Code (DRAFT 8/29/17 – FOR DISCUSSION ONLY)| 1

A r t i c l e I I I Z o n i n g D i s t r i c t s

Section 64-9 Purpose This Article divides the City into business, industrial and residential districts, and establishes the kind, character and use of structures and improvements within each district. Cross-references: & ACA Chapter 52 (Planning, Zoning, and

Subdivisions), Article 4 (Zoning), §§ 11-52-70 to -85

Section 64-10 Districts Established1 The City of Mobile is divided into the following families of zoning districts: RL: Residential Single-Family RM: Residential Multi-Family NCT (Center-Neighborhood Traditional) NCS (Center-Neighborhood Suburban) DC (Center-District) D (Downtown)W W (Downtown Waterfront) CT (Corridor-Traditional) CM (Corridor-Mixed) IL (Light industry) IH (Heavy industry) P (Public-Institutional) PD (Planned Development)

• HO (Historic District Overlay) Within the RL, RM, NCT, NCS, D, CT, and CM districts, districts are further defined based upon their building and side characteristics as defined in Article II.

Section 64-11 Zoning Map2 The zoning districts are shown on the "Zoning Map of the City of Mobile." This map is adopted and made a part of this Chapter. ó 64-86 (Interpretation of Zoning Map)

Section 64-12 Zoning of Annexed Land

1. All territory that is annexed to the City of Mobile is automatically assigned the “RL” Residential Single-Family classification until existing land uses are determined and a new zoning category is adopted.

2. In lieu of the “RL” district, the applicant for annexation may request prezoning pursuant to Code of Ala., Tit. 11, § 11-52-85 (rezoning contemporaneously with annexation).3

Article III Zoning Districts |Section 64-13 Residential Low Density (RL)


Section 64-13 Residential Low Density (RL)4

Purpose: the RL districts implement the Low Density Residential (LDR) category of the Future Land Use Plan. These districts are characterized by single-family residential neighborhoods and complementary uses. There are 4 RL Districts: • RL(A), with larger lots suitable for suburban locations, with suburban site design (Site 1), • RL(B) with smaller lots and building orientation standards that emphasize front entries

(Building A). • RL(C) and RL(D), with conservation development site design (Site 2) for subdivision and master

planned developments.

A. Permitted Uses

See Section 64-27 (Use Matrix).

B. Dimensional Standards

District → (A) (B)

Composite Standards → Site 1 Building - none

Site 2 Building A

1 Lot area (min) 7,200 sf n/a 2 Density (max) n/a 6 du/ac 3 Coverage5 (max) 35% n/a 4 Height (max) 35 feet 35 feet 5 Front yard (min) 15 feet 5 feet 6 Side yard (min) 5 feet / 20 feet total 5 feet 7 Rear yard (minimum) 8 feet 5 feet 8 Common open space (per DU) n/a 2,500 sf

Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres

Article III Zoning Districts |Section 64-14 Residential Mixed (RM)


Section 64-14 Residential Mixed (RM)6

Purpose: the RM districts implement the Mixed Density Residential (MxDR) category of the Future Land Use Plan. There are 2 categories of RM districts: RMT for a combination of single- and two-family uses, and RMF for a mix of all residential types including apartments. Each category has 2 zoning districts with density and dimensional standards ranging by site and building type (see Article II).

A. Permitted Uses



District → (A) (B) Composite Standards → Site 2 | Building B Site 3 | Building B RMT

1 Lot area (min) n/a n/a 2 Density (max) 10 du/ac 15 du/ac 3 Coverage (max) 45% 75% 4 Height (max) 35 feet 35 feet 5 Front yard (min) 15 feet 5 feet 6 Side yard (min) 5 feet / 14 feet total 10 feet total 7 Rear yard (min) 8 feet 5 feet 8 Common open space (per DU) 1,700 sf 400 sf 9 Landscaping percent (min) 10% FT/5%

RMF 1 Lot area (min) n/a n/a 2 Density (max) 8 du/ac 10 du/ac 3 Coverage (max) 60% 90% 4 Height (max) 45 feet 45 feet 5 Front yard (min) 10 feet 0 feet 6 Side yard (min) 10 feet total n/a 7 Rear yard (min) 8 feet n/a 8 Common open space (per DU) 1,400 sf 150 sf 9 Landscaping percent (min) 10% FT/5%

Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | “FT” = frontage trees are required as provided in the Landscaping and Tree Preservation requirements (§ 64-48), and landscape percentage only applies to buildings that are setback at least 5 feet from the sidewalk.

Article III Zoning Districts |Section 64-15 Neighborhood Center-Traditional (NCT)


Section 64-15 Neighborhood Center-Traditional (NCT)7

Purpose: the NCT districts implement the Neighborhood Center (NC) category of the Future Land Use Plan in traditional contexts. These are mixed use hubs typically found east of the Beltline.

A. Permitted Uses



District → (A)8 (B) Composite Standards → Site 3, Building C Site 3, Building D

1 Lot area (min) n/a n/a 2 Density (max) 10 du/ac 10 du/ac 3 Coverage (max) 90% 70% 4 Height (max) 48 feet 36 feet 5 Building Size not applicable 1 block9 6 Front yard (min)10 0 feet 0 feet 7 Front yard (max) 18 feet 18 feet 8 Frontage Buildout (min) 80% 70% 9 Side yard (min) n/a n/a

10 Rear yard (min) n/a 5 feet 11 Landscaping percent (min) FT/2% 5% 12 Common civic space (min) 2% 4%

Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | “FT” = existing frontage trees are counted toward the Landscaping and Tree Preservation requirements (§ 64-48) and landscape percentage only applies to buildings that are setback at least 5 feet from the sidewalk. Coverage applies only to lots exceeding 4,000 sf. Civic buildings are exempt from build-to and frontage buildout requirements. Buildings may retain up to 24’ of frontage for vehicular access to the rear of the property, and the required frontage buildout is reduced to accommodate any vehicular access up to 24’. Common civic space is calculated as a percent of gross lot area, and applies only to sites exceeding 1 acre and may count toward required landscaping.

Article III Zoning Districts |Section 64-16 Neighborhood Center-Suburban (NCS)


Section 64-16 Neighborhood Center-Suburban (NCS)

Purpose: the NCS districts implement the Neighborhood Center (NC) category of the Future Land Use Plan in suburban contexts. These are typically found west of the Beltline.

A. Permitted Uses



Composite Standards → Site 4, Building C or D 1 Lot area (min) n/a 2 Density (max) 10 du/ac 3 Coverage (max) 60% 4 Height (max) 45 feet 5 Front yard (min) 0 feet 6 Frontage Buildout (min) n/a 7 Side yard (min) n/a 8 Rear yard (min) n/a 9 Landscaping percent (min) 15%

10 Common civic space (min) 4% Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | “FT” = existing frontage trees are counted toward the Landscaping and Tree Preservation requirements (§ 64-48) and landscape percentage only applies to buildings that are setback at least 5 feet from the sidewalk. Coverage applies only to lots exceeding 4,000 sf. Civic buildings are exempt from build-to and frontage buildout requirements. Common civic space is calculated as a percent of gross lot area, and applies only to sites exceeding 5 acres.

Article III Zoning Districts |Section 64-17 District Center (DC)


Section 64-17 District Center (DC)

Purpose: the District Center (DC) districts implement the District Center category of the Future Land Use Plan. These are mixed use areas that serve multiple neighborhoods and have City-wide or regional market area.

A. Permitted Uses



Composite Standards → Site 4, Building C, D

1 Lot area (min) n/a 2 Density (max) 10 du/ac 3 Coverage (max) 70% 4 Height (max) 45 feet 5 Front yard (min) 0 feet

Front yard (max) n/a Frontage Buildout (min) n/a

6 Side yard (min) n/a 7 Rear yard (min) 5 feet 8 Landscaping percent (min) 12% 9 Common civic space (min) 8%


Article III Zoning Districts |Section 64-18 Downtown (D)


Section 64-18 Downtown (D)

Purpose: the Downtown (D) districts implement the Downtown (DT) category of the Future Land Use Plan. Downtown is the mixed use area that serves as the City’s commercial and employment center.

A. General ly

1. The D Districts include the following specific districts: 11

(a) D-1: a high intensity mixed-use district.

(b) D-2 and D-3: mixed-use districts of medium intensity.

(c) D-4: a mixed-use district of low intensity, primarily residential uses and neighborhood retail.

2. All development within the Downtown (“D”) districts shall comply with the Building Type C and Site Type 3 standards in Article II, except as provided below.

3. The Zoning Map designates “A” Streets and “B” Streets, which have different setback and building design standards depending on their urban or utilitarian character.

B. Permitted Uses


C. Dimensional Standards

District → D-1 D-2 D-3

1 Lot width (min)12 14 feet 14 feet 14 feet 2 Lot width (max) n/a 180 feet 180 feet 3 Buildings per lot (max) n/a n/a n/a 4 Coverage (max) n/a n/a n/a 5 Height (max) n/a 60 feet

84 feet for buildings fronting Bienville Square

45 feet

6 Height-parking structures (max)

80 feet 60 feet 34 feet

7 Front yard (max) 0 feet on A-Streets 10 feet on B-Streets

0 feet on A-Streets 5 feet on B-Streets

12 feet

8 Frontage Buildout (min) 100% 100% 80% 9 Side yard (min)13 n/a n/a n/a

10 Rear yard (min) n/a n/a n/a Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres. Lot width applies only to applications for subdivision plat approval or lot assembly and is measured along “A” Street frontages only. “Buildings per lot” refers to structures containing enclosed air-conditioned space. Buildings along Government Street may be set back an additional twelve (12) feet beyond the maximum front setback.

Article III Zoning Districts |Section 64-18 Downtown (D)


D. Transparency

1. The use of reflective glass is prohibited along public frontages within the first six stories from the ground level. Tinted glass may be allowed as follows:

(a) A minimum visible transmittance rating of .78 is required for all glass on the first and second floors. Awnings shall be provided in lieu of tint if solar gain is an issue.

(b) On third stories and above, a minimum transmittance rating of .68 if required if an awning or sun screen is not a viable option.

2. All building facades along public frontages shall have a minimum of 20% transparency measured on each floor.

3. Security bars on windows or doors shall not be visible from the street.

Article III Zoning Districts |Section 64-19 Downtown Waterfront (DW)


Section 64-19 Downtown Waterfront (DW)

Purpose: the DW district implements the Downtown Waterfront category of the Future Land Use Plan. This district accommodates existing industrial and heavy commercial facilities, along with complementary businesses and public facilities and open spaces and access points to the Mobile River.

A. Permitted Uses



District → (A) (B)

Composite Standards → Site 5 or 6, Building E or F

Site 3, Building C

1 Lot area (min) n/a n/a 2 Coverage (max) 75% 75% 3 Height (max) 100 feet 72 feet 4 Front yard (min) 12 feet 0 feet 5 Front yard (max) n/a 36 feet 6 Frontage Buildout (min) n/a 50% 7 Side yard (min) n/a n/a 8 Rear yard (min) 5 feet n/a 9 Rear yard (minimum from OHWL of

Mobile Bay)) 35 feet 50 feet

10 Landscaping percent (min) 12% 5% 11 Common civic space (min) not applicable 10%

Notes: “min" = minimum required | “max” = maximum allowed | “ac” = gross acres. Coverage applies only to lots exceeding 4,000 sf. Buildings may retain up to 24’ of frontage for vehicular access to the rear of the property, and the required frontage buildout is reduced to accommodate any vehicular access up to 24’. Common civic space is calculated as a percent of gross lot area, and applies only to sites exceeding 1 acre is counted toward required landscaping.

Article III Zoning Districts |Section 64-20 Corridor-Traditional (CT)


Section 64-20 Corridor-Traditional (CT)

Purpose: the CT districts implement the Traditional Corridor (TC) category of the Future Land Use Plan. These districts are located primarily east of I-65, serving as the primary commercial and mixed-use gateway to Downtown and the City’s traditional neighborhoods.

A. Permitted Uses



District → (A)15 (B)

Composite Standards → Site 3, Building C Site 4, Building D 1 Lot area (min) n/a n/a 2 Density (max) 15 du/ac 10 du/ac 3 Coverage (max) 90% 70% 4 Height (max) 48 feet 36 feet 5 Front yard (min)16 0 feet 0 feet

Front yard (max) 18 feet not applicable Frontage Buildout (min) 80% 70%

6 Side yard (min) n/a n/a 7 Rear yard (min) n/a n/a 8 Landscaping percent (min) FT/5% 12% 9 Common civic space (min) n/a 4%


Article III Zoning Districts |Section 64-21 Corridor-Mixed (CM)


Section 64-21 Corridor-Mixed (CM)

Purpose: the CM districts implement the Mixed Commercial Corridor (MCC) category of the Future Land Use Plan. These include transportation corridors west of I-65 serving primarily low-density (suburban) residential neighborhoods. These districts include a wide variety of retail, services and entertainment uses.

A. Permitted Uses



District → (B) (C) Composite Standards → Site 4, Building C or D Site 5, Building C or D

1 Lot area (min) n/a n/a 2 Density (max) n/a n/a 3 Coverage (max) 60% 50% 4 Height (max) 45 feet 45 feet 5 Front yard (min) 12 feet 12 feet 6 Side yard (min) n/a n/a 7 Rear yard (min) n/a 5 feet 8 Landscaping percent (min) 15% 20% 9 Common civic space (min) 4% 8%

Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres. Coverage applies only to lots exceeding 4,000 sf | . “FT” = existing frontage trees are counted toward the Landscaping and Tree Preservation requirements (§ 64-48) and landscape percentage only applies to buildings that are setback at least 5 feet from the sidewalk. Civic buildings are exempt from build-to and frontage buildout requirements. Common civic space is calculated as a percent of gross lot area, and applies only to sites exceeding 1 acre.

Article III Zoning Districts |Section 64-22 Light Industrial (IL)


Section 64-22 Light Industrial (IL)

Purpose: the IL districts implement the Light Industry (LI) category of the Future Land Use Plan. These accommodate a variety of modern, low-impact industrial uses that include assembly and processing, warehousing, distribution and wholesaling facilities.

A. Permitted Uses



Composite Standards → Site 5, Building E or F 1 Coverage (max) 50% 2 Height (max) 45 feet 3 Front yard (min) 12 feet 4 Landscaping percent (min) 12%

Notes: “min" = minimum required | “max” = maximum allowed | ac” = gross acres | “FT” = existing frontage trees are counted toward the Landscaping and Tree Preservation requirements (§ 64-48) and landscape percentage only applies to buildings that are setback at least 5 feet from the sidewalk. Common civic space is calculated as a percent of gross lot area.

Article III Zoning Districts |Section 64-23 Heavy Industrial (IH)


Section 64-23 Heavy Industrial (IH)

Purpose: the IH districts implement the Heavy Industry (HI) category of the Future Land Use Plan. These include high-impact industrial activities that are removed or buffered from residential and commercial uses

A. Permitted Uses



Composite Standards → Site 5 or 6, Building E or F

1 Coverage (max) 75% 2 Height (max) 100 feet 3 Front yard (min) 12 feet 4 Landscaping percent (min) 12%

Notes: “min" = minimum required | “max” = maximum allowed | ac” = gross acres.

Article III Zoning Districts |Section 64-24 Public-Institutional (P)


Section 64-24 Public-Institutional (P)

Purpose: the P districts implement the Institutional Land Use (INS) category of the Future Land Use Plan. land and buildings occupied by municipal and other governmental agencies for the exercise of their functions, to serve the public or provide a civic use or amenity.

A. Permitted Uses



Composite Standards → Site 5 or 6, Building E or F 1 Lot area (min) n/a 2 Coverage (max) 75% 3 Height (max) n/a 4 Front yard (min) 12 feet 5 Front yard (max) n/a

Side yard (min) n/a 6 Rear yard (min) n/a 7 Landscaping percent (min) 12%


Article III Zoning Districts |Section 64-25 Planned Development (PD)


Section 64-25 Planned Development (PD)

Purpose: the Planned Development district accommodates master planned development that cannot feasibly comply with the standards in any of the other zoning districts, and that demonstrates a high degree of design quality or accomplishes an important public purpose.

A. General ly

ó The procedures for approving a PD rezoning are established in Article IV, § 64-78. A PD rezoning requires a concept plan approval at the time of rezoning, followed by a final development plan to be approved by the Director.

1. The PD District is not available as a means to reduce standards and requirements of development that occurs under the base zoning districts.

2. The "PD" District is available in any future land use category, and provides a discretionary review process for projects that use alternative ways to implement the policies of Map for Mobile.

B. Permitted Uses

The uses permitted in the “PD" are established as a condition of rezoning.

C. Dimensional and Design Standards

1. Development and performance standards for the PD zoning district shall be established as a condition of rezoning approval.

2. The following otherwise applicable zoning standards and regulations shall be established as part of rezoning application and concept plans:

(a) Permitted and prohibited uses,

(b) density,

(c) lot size,

(d) coverage,

(e) setbacks,

(f) building height,

(g) open or civic space,

(h) off-street and on-street parking and loading,

(i) signs,

(j) screening, landscaping or buffering,

(k) building design,

(l) site design,

(m) tree preservation,

(n) project phasing, and

(o) compatibility standards.

3. The submittal by the developer and the approval by the City of concept plans is a firm commitment by the developer that development will comply with the approved plans.

Article III Zoning Districts |Section 64-26 Historic District Overlay (HO)


Section 64-26 Historic District Overlay (HO)

Purpose: the City of Mobile has worked vigorously to protect and enhance its numerous historic resources. Many of the city's historically significant properties have been restored and maintained Through the enactment of the historic preservation maintenance ordinance and minimum housing codes. However, vacant structures and underutilized land within these historic districts remain. To encourage more development activity, the historic district overlay (HDO) promotes and encourages development within the city's historic districts and other identified areas. The historic district overlay (HDO) establishes flexible land development requirements that preserve and maintain the existing character of historically significant areas by formulating site development standards that: • allow compatible or similar development within the city's historic districts and other

defined areas; and • simplify and streamline the review and approval process by reducing the necessity for

variances and waivers. The site design elements to be addressed by the HDO deal specifically with guidelines formulated for the "building envelope" (i.e. setbacks, site coverage, and building height requirements).

A. Applicabil i ty

The regulation and criteria set forth in this section apply only to the zoning district’s dimensional standards. It does not apply to standards establishing permitted, conditional or prohibited land uses, or the development standards established in Article IV (including trees, landscaping, parking, or buffers).17

B. Permitted Uses


C. Dimensional Standards

The following dimensional standards apply to structures located in the Historic District Overlay Boundary (see Zoning Map). If there are no existing buildings within 150 feet of the proposed development, then the dimensional standards are determined using the dimensions and placement of the buildings on the next adjoining block within the HO district. [DIMENSIONAL STANDARDS CONTINUED ON NEXT PAGE]

Article III Zoning Districts |Section 64-26 Historic District Overlay (HO)


1 Lot area (min) See underlying zoning district 2 Coverage (max) 50% (except for lots zoned NC-1, CM, IL and IH)18 3 Height (max) No higher than the highest building on the same side of the street within 150 feet of both sides (exclusive of right-of-way) of

the proposed building site (except for lots zoned CM, IL or IH).

4 Front yard (min-max)

The front yard shall be no greater or lesser than the setback of those structures on the same side of the street within 150 feet of both sides (exclusive of right-of-way) of the proposed building site.

5 Side yard (min) • At least the side yards of those structures on the same side of the street within 150 feet of both sides (exclusive of right-of-way) of the proposed building site. Additions to an existing structure may align with the existing building.

• For corner lots, side yards on side streets may be no less than the side yard setback of the other corner lots, along the same side street, at the same intersection. If there is no structure by which to measure, then the setback requirements of section 64-4-D4 shall apply.

6 Rear yard (min) • At least the rear yards of those structures on the same side of the street within 150 feet of both sides (exclusive of right-

of-way) of the proposed building. An addition to an existing structure may align with the existing building. • If a side or rear setback is less than five (5) feet from the property line, gutters and downspouts shall be provided.


Article III Zoning Districts |Section 64-27 Use Table


Section 64-27 Use Table19

Purpose: This section identifies the uses permitted in each zoning district family, and how those uses are permitted (i.e., by right or as a conditional use). Each use is defined in Article X (Definitions & Rules of Interpretation).

A. Permitted uses

The Use Table (see Table Table III-1) establishes uses permitted within each zoning district, and how they are permitted. The uses permitted in each of the zoning districts established in this Article are defined as follows:

P Allowed By

Right Uses in the Use Table identified by "P" in any column are permitted by right in that particular district subject to the conditions specified in Article VI or elsewhere in this Chapter.

C Conditional Uses

Uses in the Use Table identified by "C" in any column are permitted only if a conditional use permit is approved authorizing the use (see Article V, Procedures). Conditional uses are also subject to any conditions and limitations specified in Article VI or imposed as a condition of conditional use permit approval. See Article XII for application information.

A Accessory Uses in the Use Table identified with an “A” are permitted only as an accessory use to another use that is permitted as a by right or conditional use in the applicable district.

Not Permitted

Uses in the Use Table identified by a blank cell are not permitted in that particular district.

Uses not listed

If a requested use is not specifically listed in the Use Table, the Director shall determine whether the use is permitted by right or as a conditional use. This determination shall be based upon the similarity in nature and character to one or more uses that are listed in the Use Table. In making this determination, the Planning Commission may refer to the following factors as guidance: • Whether the use has similar visual, traffic, environmental and similar

impacts as an expressly listed use. The Director may refer to empirical studies or generally accepted planning or engineering sources in making this determination. The burden is on the applicant to establish that the use is similar to the expressly listed use, or

• Whether the use is within the same industry classification as another permitted use. In making this determination, the Administrator may refer to the most recent edition of the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget, 2017)(“NAICS”). If the use is not defined in the NAICS, the Administrator may refer to the American Planning Association, Land-Based Classification Standards LBCS Tables (April 1, 2001).

ð This decision is appealable to the board of adjustment (see Article V)

B. Compliance with Distr ict Requirements

1. Any by-right, conditional or accessory use permitted in any district must comply with the requirements of the district in which it is located unless the Board of Adjustment approves a variance from those requirements.

2. Every use in any district other than RL, I-1 or I-2, or as specifically noted in the Use Table, shall be conducted entirely within a completely enclosed structure (except for accessory uses).



Table III-1 Use Table

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Uses RL RM NC DC D DW CT CM IL IH P

P = permitted by right | C = conditional use | A = accessory use

Residential

Residences Dwelling, single-family detached P P

Accessory dwelling unit P P

Cottage Court P P

Dwelling, two-family (duplex) P P

Dwelling, Multi-Family P

Live/Work Dwelling C P P P P P

Manufactured home P

Manufactured Housing Land Lease Community C

Apartment House P P P P P

Townhouse / Rowhouse P P P P

Zero lot line home P P

Group Living: Rooming and Boarding P

Community housing P P P

Community residential facility P P P P P P

Life care or continuing care services C C P P P

Retirement home or elderly housing P C P

Residential Care Facilities P P P P

Lodging / Short-Term Rental

Bed and breakfast C P P P P

Hotel / Motel C C P P

Recreational vehicle park P

Short-term rental C P

Commercial / Mixed Use

Animal Services: Animal hospital (indoor) P P P P P

Animal services, generally P P P

Day Care: Adult day care C C P P P

Child Day Care C C P P P P

Financial Services: Automated teller machine, stand alone A A A A A P

Financial institution A P P P P P P P P A

Pawnbroker C P

Payday lender C P

Food & Beverage Sales / Service: Bar / Lounge C P P P P P

Farmers market P P P P P P

Food preparation P P P P P

Grocer P P P P P

Mobile vendor P P P

Restaurant P P P P P P



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Restaurant, drive-in C P P

Restaurant, drive-thru C C P P

Snack or beverage bars P P P P P P P

Mixed Use: Mixed use building P P P P P P P

Office, Business & Professional: Office P P P P P P P P P

Personal / Business services: Bail bond services C P

Business support services P P P P P P

Courier, messenger and delivery services P P P P P P

Day Labor Service P P P P P P

Funeral & interment services P

Crematorium P P P

Linen/Uniform Supply P P P

Maintenance & repair services P P P P P P

Personal services P P P P P P P

Laundry and/or dry cleaning pick-up station P P P P P P P

Retail sales: Convenience store P P P P P P P P

Convenience store (with gasoline sales) P P P P P P

Machinery and Equipment Rental and Leasing P P P

Manufactured Home Dealers P

Nonstore retailers P P P P P P P P

Nursery/Horticulture/Farm Supply P

Retail, general P P P P P P

Automotive: Auto and truck repair P P P

Automobile or vehicle dealership P P P

Building material sales & services P P P

Car Wash P P P P P

Gasoline or diesel fuel sales P P P P

Truck stop P P P

Public/Civic/Institutional

Assembly: Cemetery / mausoleum C C P P

Religious land use C P P P P P P P P

Exhibition, convention, or conference facility P P P

Club or lodge (private) C P P P P P P

Government / Non-Profit: Armory C P P P

Correctional Facilities C P P

Vehicle / equipment maintenance facility C P P

Public Safety Facility P P P P P P P P P P P

Social assistance, welfare, and charitable services P P P P P



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Postal services P C P C C C C C P

Education: Business college / technical school C P P P P

School (public or private) C C C C C C C

Personal instructional services P P P P P

Medical: Hospital P P P P P

Clinic, dental or medical P P P P P

Arts, Entertainment, & Recreation: Adult entertainment enterprise P

Art Studio P P P P P P

Civic Space C C C C C P C C C C P

Cultural facility P P P P P P

Entertainment facility C P P P P P

Health/fitness club P P P P P P

Recreational Facility, Indoor C P P P P P

Recreational Facility, Outdoor or Major C C C P P P P

Teen club P P P P P P

Theater P P P P P P

Youth organization camp P

Industrial / Production

Manufacturing & Employment: Contractor P P

Data Processing, Hosting, and Related Services (including data centers) C P P

Industrial Launderer P P

Media Production C P P

Mining & quarrying C

Manufacturing, Light P P

Manufacturing, General C P P

Manufacturing, Intensive P

Oil and gas company (drilling and exploration) C C C C C C P

Oil and mining support activities C C C P

Research and development P P P

Stone cutting P P

Warehousing, Storage & Distribution: Building and landscaping materials supplier C P P

Building maintenance services C P P

Freight depot (railway and truck) C P P

Fuel Distribution or Recycling P

Machinery and heavy equipment sales and service P P P

Self-service storage facility C P P P

Oil and gas storage P

Outdoor storage C P P

Vehicle towing and storage facility C P P

Wholesale distribution, warehousing and storage P P



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Wholesale distribution, warehousing and storage (less than 40,000 sf GFA) C P P

Infrastructure

Transportation / Parking: Airport P P P

Ground passenger transportation (e.g. taxi, charter bus) P P P P

Heliport / miscellaneous air transportation C C P P P P

Parking facility P P P P P P P

Port and water transportation P P

Railroad facilities C P P P P

Railroad right-of-way C C C C P P P

Passenger depot C C P P P

Transit shelter P P P P P P P P P P P

Utilities: Utility, Major C C P

Utility, Minor C C C C C C P P P P P

Communications facilities: Communications facility P P

Telecommunications Facility C C C C C P P P

Weather or environmental monitoring station C C P P P P P P P P P

Waste-related: Composting facility P P

Hazardous waste disposal C

Hazardous waste transfer C

Junk yards C

Recycling plant P P

Recycling transfer station C P P

Remediation Services C P

Solid waste facility C

Agriculture

Agriculture & Forestry P P P P

Community garden P P P P P P P P

Community Supported Agriculture C P P P P P P P

Greenhouse C P P

Accessory

Accessory building or structure A A A A A A A A A A A

Accessory schools A A A

Accessory retail and personal service, office, or recreational use A A A A A A A A A A A

Accessory use (generally) A A A A A A A A A A A

Caretaker or guard A A A A A A A A A

Construction yard A A A A A A A A A A A

Home occupation A A A A A A A A

Model home complex / temporary real estate sales office A A

Parking garage, private A A A A A A A A A A A

Pharmacy, accessory A A A A A

Recreational facility, accessory A A A A A A A A



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Sign A A A A A A A A A A A

Recycling drop-off center A A A A A A A A A A

Miscellaneous

Temporary Uses P P P P P P P P P P P

0 Endotes |Section 64-27 Use Table


E n d o t e s 1 From 64-3.A.1. 2 From 64-3.A.2. 3 This section does not spell out the procedures, because they are already spelled out in the statute and the UDC procedures for rezoning. 4 Replaces R-1 (Zoning Ordinance 64-3.C). R-A (64-3.B) is deleted and folded into R-1. Because the format of each zoning district is substantially changed, the regulations here are not shown in redline-strikeout. 5 “Coverage” is not currently defined, but the Zoning Ordinance currently indicates that it refers to coverage by buildings (not surface parking or other uncovered areas). 6 Combines R-2 and R-3 (Zoning Ordinance 64-3.D.2, -3). 7 Combines R-B (Zoning Ordinance 64-3.D.1),, T-B (64-3.D.2), TCD (64-3.G), and H-B (64-3.E.6). 8 Building design and lot layout standards are moved to the Class C/Site 3 standards in Article II. Regulations relating to frontage buildout and garden walls/fences/hedges, and parking are moved to the Development Standards article (Article IV). Garden walls, fences and hedges are no longer required on primary frontages, and adjacencies to residential development will be addressed in the buffer standards. Drive-Thru Business and Sign regulations are moved to the Use Regulations (Article VI). 9 From TCD, 64-4.H. 10 The Development Standards will clarify that the front yard is measured from back of curb. This leaves 12’ for a sidewalk, and an additional 6-12 feet (currently 5-12 feet in TCD) for the maximum setback. The 5’ build-to in the TCD Village Center appears to conflict with measuring the setback from back of curb and maintaining a 12’ sidewalk right of way. The 12’ setback for the other TCD subdistricts would appear to require all buildings to line up exactly to the sidewalk. Providing for the maximum setback to extend from the sidewalk allows some variety in the streetscape, with some buildings lining up to the sidewalk, others providing courtyards, etc. 11 This replaces the 7 “transect” zones in the current DDD district, corresponding as follows: D-1 = T-6; D-2 = T-5.2; D-3= T-5.1; and D-4=T-3 and T-4. The parcels zoned SD-WH and SD will need to be assigned either another zoning district or a D designation. SD properties currently cannot develop without a master plan. SD-WH could become IH, IL, or DW. 12 Lot width currently applies to T-3, which is shifting to RM. Is that really needed for the RM (now T-3) portions of Downtown? 13 Currently provides: “Unrestricted if fire rating requirements are met.” However, the fire code applies to new construction anyway, so this language is unnecessary. 15 Building design and lot layout standards are moved to the Class C/Site 3 standards in Article II. Regulations relating to frontage buildout and garden walls/fences/hedges, and parking are moved to the Development Standards article (Article IV). Garden walls, fences and hedges are no longer required on primary frontages, and adjacencies to residential development will be addressed in the buffer standards. Drive-Thru Business and Sign regulations are moved to the Use Regulations (Article VI). 16 The Development Standards will clarify that the front yard is measured from back of curb. This leaves 12’ for a sidewalk, and an additional 6-12 feet (currently 5-12 feet in TCD) for the maximum setback. The 5’ build-to in the TCD Village Center appears to conflict with measuring the setback from back of curb and maintaining a 12’ sidewalk right of way. The 12’ setback for the other TCD subdistricts would appear to require all buildings to line up exactly to the sidewalk. Providing for the maximum setback to extend from the sidewalk allows some variety in the streetscape, with some buildings lining up to the sidewalk, others providing courtyards, etc. 17 The exclusion for districts B-2, B-3 and LB-2 are deleted because this district will be mapped along with the other districts. In addition, the new districts will not line up completely with those existing districts – NC-2 includes B-2 and LB-2, but also districts T-B, B-1; DC includes some B-2 zoning and also T-B; CM includes B-3 and some B-2, but also B-1, B-4 and B-5. 18 The provision that coverage does not override other provisions (such as parking and landscaping) is a general requirement and moved to Article IV. 19 From 64-12 (Chart of Permitted Uses).

Chapter 64 Unified Development Code

C o n t e n t s

Article VI Use Regulations .................................................................................................................................................................................................. 1

Section 64-101 Generally ............................................................................................................................. 1

Section 64-102 Accessory uses .................................................................................................................... 1

Section 64-103 Adult businesses ................................................................................................................. 2

Section 64-104 Drive-thru businesses ........................................................................................................ 2

Section 64-105 Oil Storage Tanks ............................................................................................................... 2

Section 64-106 Signs .................................................................................................................................... 3

Section 64-107 Telecommunications Facilities ....................................................................................... 20

Section 64-108 Reserved. ......................................................................................................................... 20

Definitions (Signs) ................................................................................................................................................................................................................. 21

Endnotes 25

Article VI Use Regulations |Section 64-101 Generally

Mobile Unified Development Code | 1

A r t i c l e V I U s e R e g u l a t i o n s

Section 64-101 Generally

Section 64-102 Accessory uses

[TO BE ADDED]

A. Home Occupations

1. A home occupation shall be incidental to a residential use of the premises.

2. provided that nNo article is shall be sold or offered for sale except such as may beunless it is

produced by members of the family residing in the dwelling.

3. and further provided that the Home occupations is incidental to the residential use of the

premises and doesshall not not utilize occupy more than twenty-five (25) percent of the floor area

of the dwelling. This section does not apply to the DDD or NC-1 districts.

4. Home occupations shall may include, in general, the following uses (refer to § 64-34): personal

services, office, such as furnished by a physician, dentistmedical or dental clinic, personal

instructional services, musician, artistmedia production, or art studio.cosmetician, or seamstress

5. when The services shall be performed by the persons occupying the building as his or hertheir

private dwelling.,

6. and not including the employment of any No additional persons on the premises shall be

employed in the performance of such servicethe home occupation.

B. Dumpsters 1

a. The placement of a dumpster in the front yard or required protection buffer of the building site or

in the street right-of-way shall be prohibited.

b. Waste removal of a dumpster by a sanitation truck shall take place entirely within the paved

surface of the building site. The street right-of-way may not be used by the truck for maneuverability.

c. All dumpsters shall be enclosed within a wooden or brick enclosure of at least the height of the

dumpster which is being enclosed, but in no case to exceed eight (8) feet in height. The dumpster

enclosure may also be equipped with a door or gate constructed of wood or other opaque material that

opens outward and which remains closed unless the dumpster is being filled or emptied. The dumpster

enclosure must be of sufficient size to allow for placement and removal of dumpster without causing

damage to the enclosure.

d. If required/provided, dumpster enclosures must be kept in good repair and condition by the

property owners for the life of the dumpster/enclosure requirement.

e. The floor or pad of the dumpster enclosure must be equipped with a connection to the sanitary

sewer, and any discharge or runoff from the enclosure shall not be allowed to drain into any storm water

drain, as required by the city engineering department, or an alternative, approved by the city engineer,

that does not allow leakage of contaminants.

Article VI Use Regulations |Section 64-103 Adult businesses


f. Construction dumpsters, used for construction projects, are exempt from this paragraph.

C. Mechanical equipment setbacks 2

In any district, the minimum yard setback for any mechanical equipment (HVAC units, generators,

pumps, etc.) with a height of three (3) feet or more above grade shall be a distance equal to the underlying

setbacks of that district.

D. Outside Storage 3

In the CM districts, a six (6) foot privacy fence shall be provided, and inventory shall not be stacked higher

that six (6) feet.

E. Swimming pools 4

Swimming pools shall be considered an accessory structure or use to the primary use unless the primary

use of a building site is a commercial pool, swim club, health club, or other similar use.

a. A swimming pool must be located from any side or rear property line or structure a distance equal

to at least one foot greater than maximum depth of the swimming pool.

b. A swimming pool shall not be located in any required front yard or corner lot side yard facing an

intersecting street.

1. c. A swimming pool, and the area around the swimming pool, shall be enclosed by a fence of

at least four (4) feet in height, and said fence shall be equipped with a self closing and latching gate.

Section 64-103 Adult businesses

[TO BE ADDED]

Section 64-104 Drive-thru businesses

[TO BE ADDED]

Section 64-105 Fences5

6. Fences and walls.

a. No fence or wall that obstructs sight shall be erected or altered in any required front yard to

exceed a height of three (3) feet, and no fence or wall shall be erected or altered in any required side or

rear yard to exceed a height of eight (8) feet. On a corner building site not having to its rear a building site

facing toward the intersecting or side street, no fence or wall that obstructs sight shall be erected in the

required side yard to exceed a height of three (3) feet.

b. Fences composed of barbed wire, or other dangerous materials, may be permitted in R-A, B-3, B-

5, I-1, or I-2 districts upon approval of the Director of the Urban Development Department, or his/her

designee. Applications for fences composed of barbed wire, or other dangerous materials, will not be

approved in any other district, nor within the Henry Aaron Loop. Provided, however, that if a

determination is made by the chief of police per section 21-1 of the Mobile City Code, the fence will be

allowed, subject to permits.

c. Electrified fences must be approved by the director of the urban development department, or

his/her designee.

7. Side yard exception for small lots. Where side yards are required and a lot of record is less than

sixty (60) feet in width, the sum of the widths of the two (2) side yards shall be not less than one-third the

Formatted: Normal

Article VI Use Regulations |Section 64-106 Oil Storage Tanks


width of the lot, and neither side yard shall have a width of less than one-seventh the width of the lot;

provided, however, that in no case shall either yard have a width of less than five (5) feet.

Section 64-106 Oil Storage Tanks

[TO BE ADDED]

Section 64-107 Signs

Purpose: This ordinance Section is enacted to protects the health, safety and welfare of the citizens of the City of Mobile and the general aesthetics of the city by providing for uniform standards for the locations, spacing, height, setback, lighting and other regulation features of off-premise and on-premise signs within the city. The purposes of tThis section are as follows:

Protects the right of citizens to freedom of speech as guaranteed by the United States and Alabama Constitutions;

To pProtects property values within the city;

To pProtects the motoring public motorists from damage or injury caused or partially attributable to distractions or obstructions from cluttered, improperly designed, or poorly situated signs;

To pPromotes the economic well-being of the community by creating a favorable physical image for the City;

To aAllows signs appropriate to the planned character of each zoning district;

To aAffords the business community equal and fair opportunity to advertise and promote its products and services without discrimination one over the other; and

To pProtects the right of citizens to enjoy Mobile's natural scenic beauty;

To rRegulates the construction, erection, maintenance, and size of outdoor signs which may constitute a direct danger to pedestrians and property, especially during periods of high wind..

A. Applicability

1. Generally. This section applies to all signs in the City.

2. Message Neutrality. No provision of this Section shall be construed to regulate or restrict sign

content or message. Any sign authorized in this Section may contain any commercial or non-

commercial copy in lieu of any other copy.

3. Sign Permits6

See Article V for sign permit procedures, and Article XII for application submittal

requirements.

(a) Permits Required. Signs subject to this Section require a Sign Permit, except as

provided in subsection (b) below.

(b) Signs for which a pPermit is nNot rRequired. A permit is not required for the

following types of signs which meet the criteria set out below. These , and such signs

shall are not be considered in determining the allowable number or size or signs on a lot,

except as provided in subsection C below.7

(1) Official notices issued by any court, public agency, or officer.

Article VI Use Regulations |Section 64-107 Signs


(2)(1) Signs not exceeding one (1) square foot in area and bearing only property

numbers, post office box numbers, names of occupants of premises, or other

identification of premises not having commercial connotations.Incidental signs.

Incidental structure signs shall not to exceed three (3) square feet in area per sign face

and an aggregate area of six (6) square feet per structure (such as a gas pump or oil

rack).8

(3)(2) Flags and insignia of any government except when displayed in connection with

commercial promotion.

(4)(3) Architectural Features. Integral decorative or architectural features of

buildings, except letters, trademarks, moving parts, or moving lights.

(5)(4) Most iIndoor signs are not required to have a sign permit, however permanent

mall corridor signs must comply with the provisions of this ordinance. There shall be no

limit upon the size, number, type or location of indoor signs, other than those located in

mall corridors.

(5) Government Signs. Governmental traffic, directional, or regulatory signs or notices of

any federal, state or local governmental entity.

(6) Traffic Signs. Signs for which the predominant feature and purpose of such signage is

to advertise the time and temperature or signs for which the predominant feature and

purpose of such signage is to advertise public service announcements.

(6) Signs directing and guiding traffic services on private property that:

a. but bearinginclude no advertising, matter and

a.b. not exceeding twenty (20) square feet for each sign, except in the cases of

hospitals or health care facilities in which case each sign shall not exceed forty (40)

square feetcomply with the Manual on Uniform Traffic Control Devices (MUTCD) as

adopted by the Alabama Department of Transportation.

(7) Temporary Indoor Window Signs. Signs located on the inside of windows intended

for the purpose of disseminating information about special sales or promotional

campaigns, provided that such signs are of a temporary nature, and are constructed of

such materials and are of such a nature that clearly indicates that they are temporary.

(8) Gasoline pump signs. Shall be allowed on gasoline pumps so as to provide required

information to the public such as "gallons," "price," "octane rating," and "type of fuel." As

the tradename of the business is oftentimes incorporated into the name for the different

types of fuel, said tradename and any associated symbols shall be permitted on the

pumps as flat signs not to exceed three (3) square feet in area per sign face and an

aggregate area of six (6) square feet per pump.

(9) Oil rack signs. Since oil is marketed on the pump island, the identification signs on the

merchandise are visible and shall be permitted. Any additional signs on the oil rack shall

not exceed three (3) square feet per sign face and an aggregate area of six (6) square feet

per rack.



(10) Pricing signs. A sign advertising only the price of gasoline, other than pump

signs, shall be permitted and shall not exceed twelve (12) square feet per sign face and an

aggregate area of twenty-four (24) square feet, not shall it exceed five (5) feet in height, if

freestanding. One (1) such sign per on-premise frontage shall be allowed with a maximum

of two (2) such signs per premises. However, should such pricing sign be attached to, or

be a part of, a permanent freestanding sign which identifies the premises, such sign must

then conform to the requirements of freestanding signs in their respective categories.

(11) Contractor's signs and craftsmen's signs which pertain to development or

construction on the site on which they are located, and signs offering real property for

sale or lease on the property which is for sale or lease.

(12)(8) Essential Hazard signsWarnings. Where itSign that are is necessary to warn

or furnish the public, tenants, and employees with information necessary to prevent

property damage or ensure their health, welfare, and safety, are not subject tono limits

shall be placed on the number and/or size. (i.e. Hard Hat Area, Low Area, Low Clearance,

Fire Lane, Rail Crossing, etc.)

(13)(9) Temporary signs. A temporary sign, which shall include a mobile or portable

sign, may be allowed for no more than seven (7) days per location per six (6) months to

advertise a special event or occurrence of a charitable or non-profit organization, subject

to subsection D below.

(14)(10) Moving vVehicle signsage, subject to subsection F below.

B. General provisions 9

1. Compliance. All signs must be in compliancecomply with the provisions of the Standard

Building Code and the National Electrical Code adopted by the cCity’s adopted building code, and

listed and labeled by a national testing lab. [ refer to Chapter 11, Art. 1 (Building Code)]

2. b. Notification of violations.

Such notifications shall be made by the inspection services department.

3.2. Sign inspection. It shall be responsibility of tThe sign contractor to shall request all

inspections in relation to the sign construction and installation.

4. Height

5. requirement. No sign shall obstruct vision between a height of three (3) feet and eight (8) feet

measured vertically from the street level at the base of the sign.

6.3. Display surfaceSign area:

(a) The Sign area within eachis calculated as the face area of a regular geometric shape (such

as a rectangle, circle, square or triangle) enclosing all elements of informational or

representational matter and including blank maskingthe background or white space.

(b) Structural supports not bearing information shall are not be included in the computation

of displaycounted toward the sign area.

(c) All dDecorative embellishments or appurtenances such as directional arrows which are

not a part of the display area shall not be greater thanthat comprise no more than twenty



(20%) percent of the display area are not counted toward the sign area. Any area that

exceeds that amount is counted toward the sign area.10

(d) Where two display areas are placed back to back and are at no point more than two feet

from one another, the sign area is:

(1) the area of one of the display areas if the two display areas are of equal area, or

(c)(2) the larger display area if the two display areas are of unequal area.

7.4. Height.

(a) Sign , height: Ais measured from finished ground level to the top of the sign.11

(b) The height of a sGrade level. In cases where signs are located below the grade of the road

street to which they areit is oriented (as declared by the sign owner), sign height shall be

is measured from the street grade of that street.

8.5. Setbacks. In no case may aA sign exceeding ten (10) feet in height shall be located:

(a) within at least eighteen (18) inches of from the right-of-way, or

(a)(b) eight (8) feet from any side property line, if adjacent property is used as a single-family

residence.

9.6. Abandonments. An abandoned sign must be removed within ninety (90) days from

the date Director provides official notice to abandonis given by the inspection services

department. Permanent on-premise-site signs applicable to a business temporarily suspended

because of a change in ownership or management of such business shall are not be deemed

abandonedment unless the property remains vacant for a period of six (6) months or more.

10.7. Sign maintenance. Any signs not meeting the following provisions shall be repaired or

removed within thirty (30) days after receipt of notification by the inspection services

departmentDirector.

(a) The area around the sign shall be properly landscaped and maintained clear of brush,

trees, and other obstacles so as to make signs readily visible.

(b) All burned-out bulbs or damaged panels must be replaced.

(c) All sign copy shall be maintained securely to the face and all missing copy must be

replaced.

11.8. Owner responsibility. It shall be the responsibility of tThe sign owner to shall

maintain and insure conformance to the provisions of this article [sSection].

12.9. Building graphics. Drawings painted on buildings that contain no copy, symbols, or

other references to product or services shall are not be considered signs and shall beare exempt

from the provisions of the article, but shall be reviewed in designated historic districts. Drawings

painted on buildings that do contain copy, symbols, or other references to products or services

shall beare considered wall signs and shall be subject to the regulations of the district in which

they are located.

Formatted: Heading 6

Formatted: Font: Not Bold



13.10. Signs in or over public right-of-way. Any sign which projects in or over a public

right-of-way shall be attached to and shall not project more than twelve (12) inches from the front

of the building and must be raised not less thanat least nine (9) feet from finish grade level.

14.11. Removal. The city may cause any sign or other advertising structure which is an

immediate hazard to persons or property to be removed immediately in order to protect the

health, safety and welfare of the citizens of the city. Such These signs shall be removed in

accordance with the city's Unsafe Building Act, Acts of Alabama, P. 219, Act. No. 140, adopted

May 11, 1971. 12

See also: § 64-44 (Yard, Lot and Block Regulations-Intersection Visibility)

C. Standards by Sign Type, Zoning District and Use13

1. General: All setbacks are measured from any property line and outside of all sight visibility

triangles.

1. Permits are required for all allowed Generally. This section establishes standards for individual

sign types, including sign types identified by location and by zoning district. For each location or

zoning district, standards are identified for each major sign type category (freestanding and

attached) as follows:

(a) The maximum number of signs, either per site, per entrance, tenant space, or street

frontage (in linear feet [lf]), and

(b) Maximum sign area (in square feet [sf] or per street frontage (in linear feet [lf]), and

(c) Maximum height, and

2.(d) Minimum setback, if applicable.signs and must conform to the following criteria:14

Table 106-1 Sign Dimensional Standards

Type Number Sign Area Height Setback sf ft ft

Location Single-family sSubdivision

identificationentry sign

Monument 2 per entrance 35 per side 10

Multi-family complex entry sign

Total 2 per complex Monument 2 per entrance 25 per side 10

Pole 1 per entrance 25 per side 15 Home Occupation Wall 1 1

Accessory management or rental office

Wall (below roofline)

25

Menu Board (Commercial /

Industrial only)

1 per drive-thru lane

48 sf 25 from Rboundary of any RL

or RM district

High rise (1,000' of the center line of I-65 and I-

10)

200 sf 100

Districts T-BNC Monument 1 per site 1 per 2 lf street frontage

75 sf max 105

Wall, awning, or canopy (below

1 per establishment or tenant space

10% usable wall 100 sf max




Type Number Sign Area Height Setback sf ft ft

roofline) Marquee (below

roofline) 10% usable wall

75 sf

Projecting 0.5 lf building frontage 40 sf max

DC, D, CT, CM, IL, IH, P and PD

Commercial / Industrial (single establishment)

All signs 3 1.5 from ROW

10 from side

adjoining R-1/R-2

Freestanding / Monument

2 per site 1 per lf street frontage 200 sf max

1035

Wall, awning, or canopy (below

roofline)

30% usable wall 350 sf max

Marquee (below roofline)

30% usable wall 200 sf

Projecting 1 per lf building frontage

125 sf max

5 above parapet

Window 20% window area 200 sf

DC, D, CT, CM, IL, IH, P and PD

Commercial / Industrial (multiple establishment)

Monument Based on1 per 600’ street frontage:

1-600' lf = 1 601-1,200 = 2

> 1,201 =, up to 3

75 sf 510 Freestanding 350 sf 50

Freestanding (grouped)

1 700 2 1,050

Wall, projecting, awning, canopy or

marquee

1 per establishment 30% usable wall 350 sf max

Window 20% window area 200 sf

3.2. Banners. A banner may beis permitted for a business, institution or organization to

announce a special sale, offering or function subject to the following criteria:

(a) Banners are allowed in the NC, DC, D, CT, CM, IL, IH, P and PD districts.

(b) A banner is described as a sign made of a nonrigid material such as fabric, cloth, or vinyl

with text and/or graphic designs. Banners shall be affixed to the existing building and

attached to rigid frame material, or hung with tension devices to maintain tautness and

flexibility.

(a)(c) Banners shall be maintained in such a way as to avoid fading, cracking and fraying, and to

maintain tautness.

(b)(d) Permitting shall beBanners are limited to one (1) on-premise banner per business, and

one (1) banner per occurrence of a special sale, offering, or function. A maximum of three

(3) occurrences per year may be permittedestablishment or use during the time periods

allotted for temporary signs (see subsection (f) below).

(c)(e) Maximum banner size shall not exceed thirty-two (32) square feet.

Formatted: Font: Bold




(d)(f) Display of a permitted banneris shall be limited to a maximum of thirty (30) consecutive

days per occurrence from the date of permitting; a maximum of three ( and up to 3)

occurrences per annum, not to run consecutively.

(e)(g) Placement of a banner shall meet all of the requirements of the zoning ordinancefor wall

signs in subsection 1 above. Banners are counted toward the maximum wall sign

allowance in Table 106-1.

(f)(h) A sign permit shall beis required for each banner. No inventory fee shall be required. The

permit fee for a banner shall be twenty ($20.00) dollars and shall in no way reduce or

exempt the business from permit fees for permanent signage.

3. Menu Boards

(a) One (1) drive-thru menu/order board per drive-thru lane, with a maximum of forty-eight

(48) square feet each. Must be located a minimum of twenty-five (25) feet from any

residential property line; and must conform to Menu Boards shall comply with subsection

1 above, and are allowed only in the DC, D, CT, CM, IL, and IH districts.

(g)(b) the following standards forThe maximum volume (documentation from manufacturer

required with permit application for menu board sign) of any speaker is as follows:.

Table 106-2 Maximum Volume for Menu Boards

Distance from the Speaker

(Feet)

SPL (dBA)

1 foot 84 dBA 2 feet 78 dBA 4 feet 72 dBA 8 feet 66 dBA

16 feet 60 dBA 32 feet 54 dBA

4. Sandwich Board sSigns. Sandwich boards signs are permitted within the Corporate Limits of

the City of Mobile as follows:15

(a) Sandwich Boards are allowed in the NC, DC, D, CT, CM, IL, IH, P and PD districts.

(a)(b) A Sandwich Board shall be in front of the business location for which it is permitted;

exact location to be approved by the Urban Development Department, Planning Section,

and shall not obstruct reduce any pedestrian ways or reduce them to less than four (4)

feet in width. If the existing pedestrian way is less than 4 feet in width, the Sandwich

Board shall not reduce the existing width.. Approval by Traffic Engineering, Engineering,

Right-of-way, and/or Historic Development may also be required.

(b)(c) Each ground floor tenant space business shall beis limited to a maximum of one (1)

Sandwich Board sign.

(c)(d) Sandwich Boards signs (including frames) shall be no larger than twenty-four (24) inches

in width and thirty-six (36) inches in height.

(d)(e) Illuminated Sandwich Board signs are not permittedshall not be illuminated.





(e) A twenty-five dollar ($25.00) permit fee is required for all sandwich board signs.

(f) All Sandwich Boards signs shall be removed each day, before the close of the permit

holder's business each day.

(g) Before any permit provided for herein is issued, the applicant must submit a hold

harmless and release agreement satisfactory to the city.

(h) Failure of the permittee to comply with any of these conditions shall result in the

revocation of the permit and any display of the sandwich board sign thereafter is

prohibited.

5. h. Political campaignTemporary Ssigns.. Signs announcing candidates seeking public

office or relating to any election of public referendum shall beAn additional allocation of

freestanding or wall signs is permitted in all districts subject to the following provisionsfor a

consecutive period of 30 days for up to 4 times per year if:

(a) Such The temporary signs are confined wholly to placementplaced on private property.

(b) Such signs are removed within seven (7) days after the election or referendum for which

they were prepared has been decided.

(c)(b) Such The signs do not exceed four (4) square feet per face in any residential RL or RM

area zoning district and thirty-two (32) square feet per face in commercially all other

zoned areasdistricts, and are not located within ten (100) feet of any street or public

right-of-way.

(d)(c) The regulations of tThis subsection does not prohibit the purchase of advertising space on

permitted billboards signs in addition to the signs permitted by this subsection.

6. Vehicle Signs.

(a) Signs on vehicles that are functional, used as motor vehicles, and have current

registration and tags are not regulated except as provided in subsection (b) below.

6. A Sign shall not be

(a)(b) placed on a vehicle or trailer that is parked or located for the primary purpose of

displaying a sign, Vehicles for which the sole or primary purpose is advertising - whether

owned by the company or rented advertising space.

(b) A 2. stationary vehicle with advertising (a delivery van, service or repair vehicle

parked on private property within twenty-five (25) feet of a street) will beis considered a

prohibited sign.

(c) Signs on public transportation vehicles (vehicles owned and/or operated by a government

sponsored or contracted agency, providing seating for ten (10) or more persons). Signage

shall include full vehicle wraps.

(d) Delivery vans, service or repair vehicles - when vehicle function is normal part of day to

day activities of the business and is integral to business operation.





(e) 3. Personal vehicles or vehicles on loan from dealerships/sales for use relating to

special events and to include such events as bowl games, non-profit or service

organization fund raisers, Bayfest, Junior Miss, etc. Signage shall not include full vehicle

wraps.

(f) 4. Taxi service - mounted on roof, maximum height of eighteen (18) inches above

roof of vehicle

(g) 5. Personal Mobility Equipment (including wheelchairs, bicycles, Segways, walkers,

and other equipment as designated by the Director or her designee)—Maximum size 32"

× 32". Signage on Personal Mobility Equipment is limited to the Henry Aaron Loop.

D. Digital or Electronic Signsbillboards allowed; conditions and

requirements.

The use of electronic or digital technology in off-premise signs is permitted and allowed, subject to the

following limitations and restrictions which are in addition to and intended to supplement all other

applicable requirementsas follows:

1. Display Changes

1.(a) All off-premise electronic or digital signs shall be programmed so that the message or

image on the sign changes no more often than once every eight (8) seconds.

2.(b) All off-premise electronic or digital signs shall be programmed so that there are no effects

of movement, blinking, animation, scrolling, flashing, or similar effects in the individual

images.

3.(c) All off-premise electronic or digital signs shall be programmed so that the image will

change instantaneously as seen by the human eye, and shall not use blinking, fading,

rolling, shading, dissolving, or similar effects as part of the change.

4.2. Brightness Controls. All off-premise electronic or digital signs shall be equipped with

automatic level controls to reduce light levels at night and under cloudy and other darkened

conditions, in accordance with the following:

(a) The signs shall have installed ambient light monitors, and shall at all times allow the

monitors to automatically adjust the brightness level of the sign based on ambient light

conditions.

(b) The maximum brightness levels for such the signs shall not exceed five thousand (5,000)

nits when measured from the sign's face at its maximum brightness, during daylight

hours.

(c) The maximum brightness levels for such the signs shall not exceed five hundred (500)

nits when measured from the sign's face at its maximum brightness, between sunset and

sunrise, as those times are determined by the National Weather Service.

(d) Written certification from the sign manufacturer must be provided at the time of

application for a building permit certifying that the light intensity of the sign has beenis

preset not to exceed the illumination levels established by this section, and that the preset

intensity level is protected from end user manipulation by password protected software or

other approved method.

Formatted: Indent: Left: 0.25"






3. Malfunction

5.(a) All off-premise electronic or digital signs shall contain a default design that will freeze the

device and message in one position with no more than a maximum illumination of five

hundred (500) nits if a malfunction occurs.

6.(b) Any off-premise electronic or digital sign that malfunctions, fails, or ceases to operate in

its usual or normal programmed manner, causing motion, movement, flashing or any

similar effects, shall be restored to its normal operation conforming to the requirements

of this section within 24 hours.

4. Conversion to Electronic or Digital Technology

7.(a) Existing conforming billboards and structures may be converted to accommodate

electronic or digital technology, subject to compliance with all other provisions and

requirements of this section. The conversion of any existing conforming billboard

requires permitting from the city's land use/code administration department and the

issuance of a permit (see subsection 6 below).

8.(b) Existing nonconforming billboards signs and structures may be converted to

accommodate electronic or digital technology, subject to compliance with all other

provisions and requirements of this section (including the minimum set back and spacing

requirements applicable to electronic and digital signs that are set forth in paragraphs I

and J below), and provided that suchif the structures are structurally able and capable of

supporting the conversion. The conversion of any existing nonconforming billboard sign

requires permitting from the city's land use/code administration departmenta permit (see

subsection 6 below).

5. Spacing

9.(a) The minimum spacing between electronic or digital signs facing the same direction of

travel, or that are otherwise visible to the same direction of travel, shall be three thousand

(3,000) linear feet measured radially.

10.(b) No off-premise electronic or digital sign shall be located less than five hundred (500)

linear feet from a residential (R-1, R-2, or R-3RL, RM) property line.

11.6. Permitting. All off-premise electronic or digital signs, including the conversion of any

existing billboard to electronic or digital technology, shall require permits as follows:

(a) The Sign Owner shall file an aApplication for a building sign permit shall be made to the

land use/code administration departmentwith the Director, . The Director shall issue or

deny the permit within 10 calendar days.and shall be accompanied by such drawings,

plans, specifications, and engineering designs as may be necessary to fully advise and

acquaint the department personnel with the proposed sign and sign location. The

application shall be accompanied with the deed, lease, or other agreement by which the

applicant has the right to erect, use or maintain the proposed sign at the stated location.

Further, said application shall contain the following information: distance from proposed

sign to closest off-premise sign on the same side of the street and on the opposite side of

the street; distance from proposed sign to closest residentially zoned (R-1, R-2, or R-3)

property; location of all other digital billboard signs within a radius of one mile of the

proposed location; written certification from the sign manufacturer certifying that the










light intensity of the sign has been preset not to exceed the illumination levels established

by this subsection, and that the preset intensity level is protected from end user

manipulation by password protected software or other approved method; and an

identification of the signs that will be removed within six (6) months of the issuance of

the building permit as required by this section.

(b) The building sign permit shall become null and void unless construction of the sign has

beenis substantially completed within five (5) months from the date on which the permit

was issued. In the event a If the permit becomes null and void after the expiration of five

(5) months, the permittee shall be required to reapply for a permit for that site and pay

another permit application fee. If, however, the permittee provides substantial evidence

that good cause prevented substantial completion within the five (5) months, and such

evidence is accepted by the building officialDirector, then said permit may be extended

the permit one (1) time for an additional three (3) months.

(c) A permit application fee of two hundred fifty dollars ($250.00) per structure shall be paid

by each person or corporation seeking a building permit under this section. This fee shall

be in addition to, and not in lieu of, any other fees or licenses required.

(d)(c) Electrical permits are also required.

12.7. Removal of Existing Sign Faces. For each off-premise electronic or digital billboard

erected or constructed after the effective date of this section, or for each existing billboard that is

converted to electronic or digital technology after the effective date of this section, the permittee

shall remove three (3) existing sign faces from nonconforming signs owned by the permittee

or any subsidiary, parent or other company affiliated with the permittee within six (6) months of

the issuance of the building permit. The permittee shall make written certification to the land

use/code administration departmentDirector no later than six (6) months following the issuance

of the permit identifying the location of the sign faces that were removed and the date of their

removal.

13.8. Vehicle Displays. No electronic or digital or video display message shall be mounted,

affixed or attached to any vehicle, motor vehicle or trailer operated, maneuvered or towed on or

upon any street, avenue, alley, road, or right of way within the corporate limits of the city. This

prohibition shall include vehicles, motor vehicles or trailers designed, built, or used specifically

for and as mobile advertising billboards. Any person operating or using a vehicle, motor vehicle or

trailer in violation of this section shall be subject to the issuance of a municipal offense ticket and

punishment in the same manner and in accordance with the schedule of fines and other

procedures set out in chapter 1, Mobile City Code.

E. 3. Nonconforming Signs

1. a. Cessation Of Nonconforming Permanent Signs.

(a) (1) Signs that are located in improper zoning districts and signs that

exceed the allowable number or the allowable size limitations shall be

removed in historic districts by October 13, 1992, and by October 13, 1994, in

non-historic districts.





(b) (2) In addition, all nonconforming portable trailer signs flying

paraphernalia advertising shall be removed within ninety (90) days from the

enactment of this ordinance.

(c) (3) All signs in the public right-of-way shall be removed within ninety

(90) days from the enactment of this section.

1. Allowance for Certain Nonconforming Signs. Subject to the conditions and amortization

schedule hereinafter set forth, Nonconforming signs may be continued in operation and

maintenance after the effective date of this section, .

2. Prohibited Changes to Nonconforming Signs. provided that nNonconforming signs shall

not be:

(a) Changed to or replaced with another nonconforming sign;

(b) Structurally altered so as to extend their useful life;

(c) Expanded;

(d) Relocated;

(e) Re-established after damage or destruction of more than seventy-five (75) percent of the

value of the structure at the time of such damage or destruction; or

(f) Modified in any way that would increase the degree of nonconformity of such the sign.

Except in the case of subsection (3) hereinabove, thisExcept for an expansion (see

subsection (c) above), this shall does not prevent repairing or restoring to a safe condition

any part of a sign or sign structure or normal maintenance operations performed on a

sign or sign structure.

3. Annexed Signs. Where sSigns have been made nonconforming due to annexation, such signs

shall be removed or modified so as to conform to this Section according to the amortization

schedules below, measured fromestablished herein, but the initiation date of the schedules shall

be the effective date of the annexation ordinance which brought brings the affected property into

the City: rather than that of this section.

(a) Nonconforming portable trailer signs shall be removed within 90 days.

3.(b) Signs in the public right-of-way shall be removed within 90 days.

4. Removal of Signs. Signs which are installed, erected, constructed, or maintained in violation of

any terms of this section shall beare considered unsafe to the extent of being a public nuisance.

Such signs shall be removed by the city in accordance with the city's Unsafe Building Act, Acts of

Alabama, P. 219, Act. No. 140, adopted May 11, 1971.

F. Prohibitions

The following signs are unlawful, and are prohibited in the city:

1. Digital or Electronic Signs (except as provided in subsection D).,

1.2. or mMoving/rotating signs.





2.3. Trailer signs.6. Prohibited signs.

4. Signs imitating traffic or emergency signals. No sign shall:

(a) attempt or appear to attempt to regulate, warn or direct the movement of traffic, or

3.(b) which interfere with, imitate, or resemble any official traffic sign, signal or device, or.

(c) be permitted which imitates an official traffic sign or signal, or contains words or symbols

displayed in a manner which might mislead or confuse drivers of vehicles, or

4.(d) which displays intermittent lights resembling the color, size, shapes, or order of lights

customarily used in traffic signals, on emergency vehicles, or on law enforcement

vehicles, except as a part of a permitted private or public traffic control sign.

5. Signs employing strobe type lights. No sign shall be permitted which utilizesuse intense flashing

lights, spot lights, flood lights, flashing or blinking lights, or any type of pulsating or moving light

which may impair the vision, cause glare, or otherwise interfere with any driver's operation of a

motor vehicle. Computerized message signs shall be allowed as long as said signs comply with all

requirements of this ordinance. This does not apply to permitted digital signs.

6. Signs employing confusing motion. No sign shall be permitted which employs motion in such a

manner as tothat obstructs or interferes with a driver's view of approaching, merging, or

intersecting traffic, or a traffic signal, device, or sign, or which would otherwise interfere with a

driver's operation of a motor vehicle.

7. Sign lighting which is incompatible with residential character. No sign shall be illuminated in

such a way that it casts intense illumination onto any residential premises located in any

residential district in a manner which by intensity, duration, location, or other characteristic is

incompatible with the residential character of the district into which such illumination is cast.

8. Roof-mounted signs. Such signs are prohibited to the extent that any portion of the sign extends

above the facade of the building.

9. Portable trailer signs.

10. Anchored flying paraphernalia.

11. Signs of any kind attached to public utility poles.

12. Any trailer sign with copy being towed or transported.

13. Bus bench signs.

14. Signs which are not clean and in good repair.

15. Signs that are not securely fixed on a substantial structure.

16. Signs which attempt or appear to attempt to regulate, warn or direct the movement of traffic or

which interfere with, imitate, or resemble any official traffic sign, signal or device. Signs which are

erected or maintained upon trees or painted or drawn upon rocks or other natural features.




17. Signs that prevent free ingress or egress from any door, window, or fire escape, or that are

attached to a standpipe or escape.

18. Stacked off-premise signs.

19. Wind activated signs, as defined in section 64-11.1.1 are prohibited.

G. Signs in Historic Districts and Along Government Street 16

Purpose: The purposes of this subsection are:

to encourage the effective use of signs as a means of communication,

to protect the city's historic districts and historic structures;

to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; and

to enable the fair and consistent enforcement of these sign regulations.

1. Applicability effect. This section applies to anyA sign:

(a) may be erected, placed, established, painted, created, or maintained within any historic

district, or

(b) the properties along Government Street from Water Street to the intersection of

Government Street and Dauphin Island Parkway, or

1.(c) on a building site with any portion thereof located in a historic district, only in

conformance with the standards, procedures, exemptions, and other requirements of this

section. If any standard or regulation adopted pursuant to this section differs or conflicts

with the standards prescribed by any other law, the most restrictive standard shall apply.

2. Permissible signs in Historic Districts. The following signs are permitted in historic

districts provided they comply with all of the requirements stated in this chapter. In calculating

the maximum allowable sign signage area for all signs, (except for banners and sandwich board

signs, ) no sign shall exceed one and one-half (1.5) square feet per linear foot of the primary

building wall, for a maximum of sixty-four ( up to 64) square feet per tenant. All sides of

projecting, monument or freestanding signs containing a commercial message shall be are

included.

(a) Awning signs;

(b) Banners. Banners that comply with section 64-11 of the City Code, as amended;

(c) Canopy signs. Maximum copy size shall not exceed that allowed for wall sign;

(d) Changeable copy signs;

(e) Freestanding signs. No portion of a freestanding sign shall exceed eight (8) feet in height;

(f) Marquee signs;

(g) Menu boards, up to signs. Maximum size shall not exceed twenty-five (25) square feet;





(h) Monument signs,. No portion of a monument sign shall exceed six (up to 6) feet in height

and ; and monument signs may be allowed up to a maximum of fifty (50) square feet of

sign area;

(i) Projecting signs. Limited to a maximum of forty (Up to 40) square feet; no sign shall

extending up to five (5) feet beyond the building wall; signs may project and into the

right-of-way a maximum ofup to two-thirds (2/3) of the distance to the roadwaystreet,

but no sign may project five (5) feet from the building wall and no sign shall be and no

closer than two (2) feet to a roadwaythe street; and minimum height to bottom of sign

shall be eightof (8) feet;

(j) Suspended or blade signs;

(k) Wall signs, thirty (30) percent% of usable wall area maximum; and

(l) Window signs, twenty (20) percent% of window area maximum.

3. Prohibited Signs Prohibited Under This Section. The following signs are prohibited in

historic districts:

(a) Animated signs;

(b) Beacons;

(c) Inflatable signs and tethered balloons;

(d) Off-premise signs;

(e) Pennants;

(f) Portable signs;

(g) Roof signs;

(h) Strings of lights, not permanently mounted to a rigid background, except those allowed

under theduring November 15 through January 15; and February 1 through March 15

holiday lights provision stated in subsection g.;

(i) Temporary signs; and

(j) All other signs prohibited by this chapterSection.

4. Exempt Signs exempt from regulation under this section. The following signs shall be exempt

from regulation under this section:

(a) Any public notice or warning, to be displayed on any lot or structure within a historic

district, required by a valid and applicable federal, state, or local law, regulation, or

ordinanceSigns exempted pursuant to subsection A of this Section;

(b) Any sign inside a building, not attached to a window or door, that is not legible from a

distance of more than three 3 feet beyond the lot line of the building site or parcel on

which such sign is located;

(c) Works of art that do not include a commercial message;





(d) Holiday lights and decorations with no commercial message, but only between November

15 and January 15; and the two (2) weeks preceding Mardi Gras;

(e) Traffic control signs on private property, such as stop, yield, and similar signs, the face of

which meet department of transportation standards and which contain no commercial

message;

(f)(d) Building markers;

(g) Construction signs;

(h)(e) Flags;

(i)(f) Historic markers; and

(j) Incidental signs. A sign that provides on-site directional assistance for the convenience of

the public such as location of exits, entrances, and parking lots. Incidental signs shall not

contain a commercial message;

(k) Political campaign signs that comply with section 64-11 of the City Code as amended; and

(l)(g) Real estate signs.

H. Off-premise advertising

No outdoor Off-Premise advertising structureSign shall be constructed or erected after the date of the

enactment of this ordinance except for signs conforming to all of the following provisions:

(a)1. Where Permitted

(b) Moratorium

(c)(a) OutdoorO off-Premise advertising structuresSigns shall are not be allowed in any of the

City's officially designated historic districts as reflected on the maps maintained by the

city historic development commission, in any area placed on the National Register of

Historic Places, along Water Street from Broad-Beauregard Street on the North to the

intersection of Water Street and Canal Street on the South, and on Government Street

from the Mobile River to Dauphin Island Parkway.

(d)(b) Outdoor oOff-Premise advertising structuresSigns shall beare permitted by right in B-

2CT, B-3CM, B-5, IL-1 and IH-2 zoning districts as those districts are defined in the

zoning ordinance of the City of Mobile, as the same may be amended from time to time.

Such signs shall be removed within forty-five (45) days of the enactment of this

ordinance.

2. Replacement

(e)(a) Replacement of an outdoor off-premise advertising structureOff-Premise Sign for an

existing outdoor off-premise advertising structureOff-Premise Sign in B-2, B-3, B-5CT,

CM, IL-1 and IH-2 zoning districts will beis permitted subject to compliance with all other

provisions of this ordinanceSection. V-type or back to back signs shall beare considered

as one (1) sign.




(f)(b) In the event of a natural disaster, rReplacement of an outdoor off-premise advertising

structureOff-Premise Sign with damage from a natural disaster not exceeding seventy-

five (75%) percent of the sign's total value will beis permitted in CT, CM, IL and IH B-2,

B-3, B-5, I-1 and I-2 districts subject to compliance with all other provisions of this

ordinanceSection.

(g)(c) In a B-2CT zoning district no outdoor off-premise advertising structureOff-Premise Sign

shall be constructed or erected after the date of the enactment of this ordinance, except to

the extent that suchunless the outdoor off-premise advertising structureOff-Premise Sign

replaces an existing outdoor off-premise advertising structureOff-Premise Sign in a B-

2CT district and otherwise complies with the provisions of this ordinanceSection.

2.3. Location and Spacing17

(a) No outdoor off-premise advertising structureOff-Premise Sign shall be constructed

within five hundred (500) feet of a residential property line (R-1, R-2, R-3RL, RM).

(b) On all interstate highways, streets, and all other highways, no outdoor off-premise

advertising structureOff-Premise Sign shall be located within one thousand (1,000) feet

(measured along one side of the street) from any other outdoor off-premise advertising

structureOff-Premise Sign.

(c) No sign shall be located in such a manner as to obscure, or otherwise

physically interfere with the effectiveness of an official traffic sign, signal or

device, or obstruct or physically interfere with a driver's view of approaching

intersecting traffic.

(d) All outdoor off-premise advertising structures will be inspected by a

designated official of the Land Use/Code Administration Department of the

City of Mobile.

3.4. Lighting18

(a) No revolving or rotating beam or Beacon of light that simulates any emergency light

device shall beis permitted as part of any private or commercial sign.

(a)(b) Flashing or blinking devices shall not be permitted upon a sign;. However, illuminated

signs which indicate customary public information only such as time, date, temperature

or other similar information shall be permitted.

(c) External lighting such as flood lights or, thin line goose-neck reflectors are permitted

provided if the light source:

(1) is directed on the face of the signDisplay Area only, and

(b)(2) to avoid glare and obstructed vision, is effectively shielded so as to prevent beams

or rays of light from being directed onto any portion of a street or drivewaythe traveled

way so as to cause glare or limit vision.

(c)(d) To prevent direct rays of light from shining into adjoining residential districts, Tthe

illumination of any sign within a five hundred (500) foot radius of a residentialan RL or

RM district boundary line shall be diffused or indirect in design to prevent direct rays of


Article VI Use Regulations |Section 64-108 Telecommunications Facilities


light from shining into adjoining residential districts, including but not limited to single-

family or multi-family zoning districts or uses.

4.5. Height and size

(a) The minimum distance from the base of the sign face to the ground shall measure no less

than (at least 10) feet.

(a)(b) The maximum height of an Off-Premise advertising structureSign shall not exceed thirty-

five (35) feet overall height as measured from the base of the sign signature to its highest

point.

(b)(c) The maximum area of an Off-Premise Sign a sign face shall beis three hundred (300)

square feet. No cutouts shall be are allowed. (Ord. No. 80-057, 5-16-67; Ord. No. 54-014, 4-7-92; Ord. No. 64-051, § 1, 8-16-94; Ord. No. 64-058, § 1, 9-20-94; Ord. No. 64-093, § 1, 11-29-94; Ord. No. 64-033, § 1, 7-25-95;

Ord. No. 64-008, §§ 1—7, 2-2-99; Ord. No. 64-021, §§ 1—4, 4-8-03; Ord. No. 64-041-2006, § I, 10-10-06; Ord. No. 64-003-2008, § I, 2-6-08; Ord. No. 64-039-2008, § 1, 5-21-

08; Ord. No. 64-019-2012, §§ XVII, XVIII, 8-7-12; Ord. No. 64-040-2012, § II, 12-11-12; Ord. No. 64-007-2013, § I, 2-19-13; Ord. No. 64-018-2013, § I—III, 6-4-13; Ord. No.

64-046-2013, § 1, 12-31-2013; Ord. No. 64-004-2014, §§ I, II, 2-11-14)

Section 64-108 Telecommunications Facilities

[TO BE ADDED]

Section 64-109 Reserved.

0 Definitions (Signs) |Section 64-1


D e f i n i t i o n s ( S i g n s )

[TO BE COMBINED WITH OTHER DEFINITIONS IN ARTICLE 10]

Awning: Any non-rigid material such as fabric or flexible plastic that is supported by or stretched over a

frame that is attached to an exterior wall.19

Banner: A sign that is mounted on or attached to composed of a non-rigid surface such as cloth, fabric, or

paper. A banner is described as a sign made of a nonrigid material such as fabric, cloth, or vinyl with text

and/or graphic designs.20

Beacon: Any light with one or more beams directed into the atmosphere or directed at one (1) or more

points not on the same building site as the light source; also, or any light with one (1) or more beams that

rotate or move.21

Building marker: Any sign indicating the name of a building and date and incidental information about its

construction, which sign is cut into a masonry surface or made of bronze or other permanent material. 22

Canopy: An extension of the roof of a building or a freestanding structure that has a roof with support, but

no walls. 23

Canopy sign: Any sign that is a part of or attached to an awning,a canopy, or other fabric, plastic, or

structural protective cover over a door, entrance, window, or outdoor service area. A (other than an

awning or marquee )is not a canopy. 24

Changeable Copy sign: A sign that is designed so that characters, letters, or illustrations can be changed or

rearranged without altering the face or surface of the sign. 25

Commercial Message: Any sign wording, logo, or other representation that, directly or indirectly, names,

advertises, or calls attention to a business, product, service, or other commercial activity. 26

Copy: The characters, letters or illustrations displayed on a sign face. 27

Display Area: The exterior area or surface of a sign on which is placed the copy. For a freestanding sign,

the display area is the board, placard, poster, banner, or similar plane on which the copy is placed. For a

wall sign, awning sign, canopy sign, marquee sign or any other sign that is placed upon or integral to a

structure, building or building element, the display area is the shape enclosing the copy (see the sign area

measurement provisions of § 64-106), including any background which is different from or in contrast

with any wall or structure surface upon which it is mounted.

Flag: Any fabric or other material containing distinctive colors, patterns, or symbols, used as a symbol of a

government or political subdivision. 28

Banner: Any sign of lightweight fabric or similar material that is securely mounted to a building. Flags

shall are not be considered banners. 29

Historic markers: Any sign indicating with historic significance as awarded or recognized by the MHDC. 30

Marquee: Any permanent rooflike structure projecting beyond a building or extending along and

projecting beyond the wall of the building, generally designed and constructed to provide protection from

the weather. 31


Formatted: Font color: Text 1



Marquee sign: Any sign attached to, in any manner, or made a part of a marquee. 32

Menu Board: An incidental sign oriented to a driveway or drive-through lane, which may include a

speaker box. An example includes a sign that lists the menu and prices for a drive-thru restaurant.

Monument sign: A freestanding sign with a base affixed to the ground which measures at least two-thirds

the horizontal length of the sign. 33

Nits: Luminance is the measure of the light emanating from an object with respect to its size and is the

term used to quantify electronic sign brightness. The unit of measurement for luminance is nits, which is

the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square

meter (cd/m2). 34

ODWRB: The Old Dauphin Way review board as established by chapter 44 of this Code, as amended. 35

Owner-sign: Shall include the person receiving benefit from the sign and/or the property owner. 36

Parapet: That portion of a building wall that rises above the roof line. 37

Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any

kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. 38

Primary Building Wall: Exterior building walls that face a street and contain a primary public entrance. 39

Roof sign: A sign that is erected, constructed, or maintained above the roof of any a building or above any

portion of the building's facade. 40

Sandwich Board sign: Two-sided, A-frame style self-supporting sign, which is not permanently affixed to

the ground and is designed to be moveable. 41

Sign, Abandoned: A sign shall be considered abandoned when the business activity or firm which such

sign advertises is no longer in operation, or does not have a current business license in effect, or is in a

state of disrepair. 42

Sign, Animated sign: Any sign that uses movement or change of lighting to depict action or create a

special effect or scene. Time and temperature signs shall be considered animated signs.43

Sign, Awning sign: A sign placed directly on the surface of an awning. 44

Sign, Blade:

Sign, Bulletin Board sign: A type of changeable copy sign displayed in a casement made of glass or

plexiglass.45

Sign, Digital: A "Digital or electronic signs" include computer programmable, microprocessor controlled

electronic, or digital displaysscreen or surface that displays electronic images, graphics, or pictures, with

or without textual information. 46Directional sign: A sign that provides on-site directional assistance for

the convenience of the public such as location of exits, entrances, and parking lots. 47

Sign, Electronic or digital signs: any sign, billboard, display, or device, or portion thereof, which

electronically changes the fixed display screen composed of a series of lights, including light emitting

diodes, fiber optics, or other similar technology. 48



Sign, Flashing Signs: A sign, the illumination of which is not kept constant in intensity at all times when

in use, and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate

the time, temperature, or date shall not be considered flashing signs. 49

Sign, Freestanding Sign: Any sign supported by structures or posts that are placed on, or anchored in, the

ground and that are independent from any building or other structure. 50 This includes any monument

sign or pole sign.

Sign, Illegal sign: Any sign erected or maintained in violation of a preceding ordinance or erected, altered,

removed, or replaced in violation of this section. 51

Sign, Illuminated sign: A sign illuminated in any manner by an internal artificial light source. 52

Sign, Incidental Structure: Incidental signs that are integrated into or on an accessory structure such as a

coin-operated machine, vending machine, fence, ATM, gasoline pump, oil rack, or similar structure that

serves an independent purpose other than the sign display and is used for its intended purpose.

Sign, Incidental: A sign that is subordinate in scale to the principal signs on the site or to the buildings,

structures, or building elements (such as windows) on which they are placed. Typical uses include, but are

not limited to, official notices required by law or by a public utility, trade affiliations, signs attached to

ATM machines or gasoline pumps, signs providing direction or instruction to persons using a facility

(such as placards indicating hours of operation or courtesy information such as “credit cards accepted,”

“vacancy,” “no vacancy,” “open,” “closed,” and “self service”), and signs that provide time and temperature

or public service announcements. These signs may be freestanding or wall signs.

Sign, Multi-Family Entry: a sign located within an interior median or on a lot adjacent to an intersection

at the entrance to a multi-family development.

Sign, Nonconforming sign: Any sign that does not conform to the requirements of this CodeChapter. 53

Sign, Off-premise sign: A sign located away from or advertising a product not sold at the location on

which the sign is placed.54

Sign, Off-Premise Electronic oOr Digital sign: Any sign that qualifies as an Off-Premise Sign and as an

Electronic Sign or Digital Signis used to attract attention to an object, person, product, institution,

organization, business, service, event or location that is not located on the premises upon which the sign is

located. This definition does not include governmental traffic, directional, or regulatory signs or notices of

any federal, state or local governmental entity. 55

Sign, On-premise sign: Any sign that is used to attract attention to an object, person, institution,

organization, business, service, event or location that is located on the premise upon which the sign is

locatedother than an off-premise sign. 56

Sign, Permanent Window sign: A sign that is placed on or attached to a window. 57

Sign, Pole: A freestanding sign supported by pole. and where the bottom edge of the sign face is located

three feet or more above the average finished grade at the base of the sign. A “pole sign” does not include a

flag mounted on a flagpole

Sign, Portable sign: A sign that is not permanently affixed to a building, structure, or the ground or

designed to be permanently affixed to a building, structure, or the ground. Trailer signs are considered to

be portable signs. 58



Sign, Projecting sign: A sign which is supported by an exterior wall of a building and which , is displayed

perpendicular to or at an angle of forty-five (45) degrees from the face of the building, and which projects

more than twelve (12) inches. 59

Sign, Subdivision Entry: a sign located within an interior median or on a lot adjacent to an intersection at

the entrance to a single-family subdivision.

Sign, Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is

supported by such that surface. 60

Sign, Temporary sign: Any sign other than a banner, that is not permanently mounted, to be displayed for

a specified period of time. 61

Sign, Wall sign: A sign painted on a wall or attached to a wall of a building, parallel to the wall. 62

Sign, Window sign: Any sign , pictures, symbol, or combination thereof, designed to communicate

information about an activity, business, commodity, event, sale, or service, that is placed inside a window

frame or upon the window panes or glass and is visible from the exterior of the window. 63

Sign: Any device, fixture, placard, object, or structure that uses any word, letter, figure, design, fixture,

projected image, color, form, graphic, illumination, symbol, or writing to advertise, display, direct, or

attract attention to, announce the purpose of, or identify a person object, institution, organization,

business, product, service, event, location or entity, or to communicate information of any kind to the

public.64

Useable wall area: The exterior wall or surface area of a building or structure that excludes doors. 65

Visibility triangle: The triangular area formed by the intersection street lines and a straight line

connecting such street lines at point equidistant from such point of intersection and passing through a

point which point is the intersection of lines defining the front and side yards. 66

Wind-activated signs: Wind-activated signs are thoseA sign that is driven by the wind or by mechanically

produced air flow that are aimed at advertising a commercial interest or to drawing attention to a

commercial interest via movement. Wind-activated signsExamples include but are not limited to free-

standing advertising flags, blower-driven tubes or human forms, pennant streamers, whirligigs, and the

like. Flags representing a governmental or civic entity, acknowledging a holiday or season, or promoting a

community oriented event shallare not be considered wind-activated signs. 67

Work of Art: A hand-painted, hand-carved or hand-cast work of visual art expressing creative skill or

imagination in a visual form which is intended to beautify or provide an aesthetic influence to a public

area or area. An original art display may be either affixed to or painted directly on the exterior wall of a

structure with the permission of the property owner, or a three-dimensional statue that is placed in a

park, courtyard, lawn, or similar area for public display. An original art display does not include:

mechanically produced or computer generated prints or images, including but not limited to digitally

printed vinyl; electrical or mechanical components; or changing image art display.

0 Endnotes |Section 64-1


E n d n o t e s

1 From 64-4.D.9.

2 From 64-4.D.11.

3 Standards are currently embedded in definition of “distribution and/or assembly uses.”

4 From 64-4.D.12.

5 From 64-4.D.6.

6 This section collapses official notices and 1-sf signs into the incidental sign category, and gasoline pump and oil

rack signs into the incidental structure sign category. Mall corridor signs (note: “mall corridor” is not defined) are removed because they are not visible outside of the building. Gasoline price signs are now part of the allocation in subsection C for permanent signs or as part of the incidental structure sign. Contractor’s and real estate for-sale signs will now become part of the yard and wall sign allocation. Temporary signs are now covered by Subsection D. 7 Is there any desire to regulate the overall area of these types of signs?

8 To be defined as: “Sign, Incidental: A sign that is subordinate in scale to the principal signs on the site or to the

buildings, structures, or building elements (such as windows) on which they are placed. Typical uses include, but are not limited to, official notices required by law or by a public utility, trade affiliations, signs attached to ATM machines or gasoline pumps, signs providing direction or instruction to persons using a facility (such as placards indicating hours of operation or courtesy information such as “credit cards accepted,” “vacancy,” “no vacancy,” “open,” “closed,” and “self service”), and signs that provide time and temperature or public service announcements. These signs may be freestanding or wall signs. [See Article 6, § 64-_____ for the permitted number and area of incidental signs.]” and “Sign, Incidental Structure: Incidental signs that are integrated into or on an accessory structure such as a coin-operated machine, vending machine, fence, ATM, gasoline pump, oil rack, or similar structure that serves an independent purpose other than the sign display and is used for its intended purpose. [See Article 6, § 64-_____ for the permitted number and area of incidental signs.]” 9 The definitions (64-11.1.1 and – 7.c) are moved to Article 10 (Definitions & Rules of Interpretation). Sign permits

and application requirements (64-11.4) are moved to Articles 5 (Procedures) and 12 (Submittal Requirements). 10

From 64-11.1.1 (sign regulations) and 64-11.7.c (Signs in historic districts and along Government Street). 11

From 64-11.1.1 (sign regulations). 12

Is there a codified reference? This act is also referenced in Code of Ala. § 11-40-51 (Continued Use and Occupancy of Buildings in Class 2 Municipalities). 13

Standards for setbacks are moved to Article 4 (Development Standards). 14

Pending further direction, I have limited the table to the NC (currently T-B), commercial and industrial districts, and the few sign location types for which simple dimensional standards are currently specified. I expand the table more broadly to the districts, and add categories for each sign type in each district with a him more robust set of standards (with entries, for example, for spacing between other signs and design characteristics, such as whether the particular sign type in that district can have internal illumination, external illumination, Halo Lit illumination, channel letters, and changeable copy). However, I have maintained the fairly simple standards in place today. 15

Fees and submittal requirements (such as hold harmless agreement) will move to Article 12. Enforcement and removal will move to Article V, as it is a general requirement for all permits. 16

The definitions (64-11.7.c) are moved to Article 10 (Definitions & Rules of Interpretation). Review Board procedures are moved to Art. 5 (Procedures). 17

Prohibition on obscuring traffic is deleted because it already applies to all signs, per subsection B. The inspection provision is deleted because it is not a requirement of an applicant but just a statement that it will happen, so that City can provide for this internally. In addition, any use regulated by this Chapter can be inspected anyway. 18

These provisions are written as though generally applicable. Should they apply only to Off-Premise signs, or to all signs (move to subsection B)? 19


From 64-11.1.1 (sign regulations). “Banner” is defined in 3 places in the sign regulations (including 64-11.8.c.(5)), and this combines those definitions. 21

From 64-11.7.c (Signs in historic districts and along Government Street). 22


From 64-11.1.1 (sign regulations).




24































From 64-11.7.c (Signs in historic districts and along Government Street). An alternative content-neutral definition could be: “A freestanding sign that: (1) is not within the allocation of signs provided in § 64-106.C for freestanding signs, other than a monument sign, and (2) is located adjacent to and within 660 feet of the nearest edge of the right-of-way of an interstate or primary highway, measured horizontally along a line normal or perpendicular to the centerline of the highway (I-16 or I-10), or that is the primary use of the property.” This borrows terminology from the Alabama Highway Beautification Act, Code of Ala. § 23-1-271, eliminates the need to read the sign to determine it’s applicability, and captures what is traditionally defined as onsite signs by excluding signs with the zoning allocation or that are a primary use of the property. While signs within the zoning allocation could be used to advertise products sold elsewhere, I anticipate that this would be extremely rare. Is there any information on the location of permits for off-premise signs in the City? 55










Combines 64-11.7.c (Signs in historic districts and along Government Street) and 64-11.1.1 (sign regulations). 65





67


City of Mobile

Zoning Code – Subdivision Regulations

Comment Form

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Each section of the Zoning Ordinance will be open to the general public for comments for approximately 30 calendar

days for each individual section. Responses will be answered in a composite format approximately 10 working days

from the end date of the public comment period. The composite document will be uploaded to the City’s Map for Mo-

bile website.

Thank you for your feedback and involvement in this process. We look forward to reviewing and responding to your

comments. For additional information please contact us by phone (251) 208-5895 or email [email protected]

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