§ 7.2. Accessory uses; temporary buildings; fall-out shelters; home occupations.

7.21

Accessory Uses. Any use may be established as an accessory use to any permitted principal use in any district provided that such accessory use:

7.211

Is customarily incidental to and is maintained and operated as a part of the principal use;

7.212

Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated;

7.213

Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or pollutants, in a greater amount than customarily created by principal use;

7.214

Is not located in minimum exterior yard; and

7.215

In residential districts an accessory use will conform to the following requirements:

a.

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof and, therefore, such requirements applicable to the main building shall apply.

b.

A detached accessory building shall not be closer than twenty (20) feet to the main building, nor closer than five (5) feet to the lot line.

c.

A detached accessory building, not more than one (1) story in height, may be constructed on not more than 30 percent of the rear yard.

d.

No detached accessory building may be located on the front yard of a lot nor on a lot by itself.

7.22

Temporary Buildings. Temporary buildings or mobile type trailers used in conjunction with construction work only, may be permitted in any district and shall be removed immediately upon completion of construction.

7.23

Home Occupations. Home occupations shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No home occupation shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian and vehicular traffic or any other condition which would constitute an objectionable use of residentially zoned property.

7.231

Limitations on Type of Home Occupation are as follows:

a.

Area used for a home occupation shall not exceed twenty percent (25%) of the gross floor area in the principal building.

b.

The home occupation shall be confined entirely to the principal building. Anyone involved must be a member of the household and an inhabitant thereof.

c.

Chemical, mechanical or electrical equipment that creates air emissions, odors, light, glare or noises that are detectable outside of the dwelling shall be prohibited.

d.

No display of products shall be visible from the street and only articles made on the premises may be sold; except that one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building; and non-durable articles (consumable products) that are incidental to a service, which service shall be the principal use in the home occupation, may be sold on the premises.

e.

Instruction in music, dancing, and similar subjects shall be limited to six (6) students at a time.

f.

The activity carried on as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

g.

All home occupations existing at the time of adoption of this Ordinance must fully comply with the requirements set for home occupations after one (1) year.

h.

Customary home occupations shall not include the following:

1.

Uses which do not meet the provision listed above.

2.

Automobile and/or body and fender repairing.

3.

Food handling on a large-scale basis, processing or packing.

4.

Repair, manufacturing and processing uses; however, this shall not exclude the home occupation of a dressmaker where goods are not manufactured for stock, sale, or distribution.

5.

Restaurants.

7.24   

Satellite Receiving Dishes. Satellite receiving dishes are permitted accessory uses in any district, provided they comply with setback, height, and other standards of this Ordinance. In any district, the dish antenna shall be located to the rear of the front building line and must be setback ten (10) feet from any interior or rear lot line. Special setbacks indicated herein apply on corner lots. The dish antenna together with the principal building and accessory building may not exceed the maximum lot coverage permitted in the district in which it is located. In residential districts where the antenna is detached from the main building, its maximum height may not exceed the height limit for the district. When roof mounted, it must conform to the zoning district's height limits. Installation and construction must also comply with the building code.

7.25

Radio and TV Antennas. Private radio and TV antennas for individual homes or for amateur use are permitted as accessory structures in any district and may be placed on roofs or in rear or side yards so that they do not occupy more than fifty (50) percent of said yard nor come closer than five (5) feet to any right-of-way or property line. Antennas in excess of the normal height limitations for the district in which they are located are subject to approval and permit by the Building Official. Said permit shall include a clause that shall indemnify, hold harmless and protect the City against any and all liabilities that may result from the erection and use of such radio and TV antennas. Antennas must be properly constructed in compliance with the latest Federal Communication Commission Regulations.

7.26

Towers and Telecommunication Facilities. Telecommunications towers and facilities are prohibited in all Residential and Special Use zones; they are permitted in Industrial zones; and may be permitted with Planning Commission approval in commercial zones. Any company or individual proposing to construct telecommunications towers or facilities in the City of Atmore shall: 1) present a tower plan showing complete coverage of the City of Atmore and its environs; 2) design new towers in compliance with FCC requirements and to be shared with one or more other telecommunications providers; and 3) obtain a building permit which shall indemnify, hold harmless and protect the City of Atmore against any and all liabilities that may result from the erection and use of such telecommunications towers and facilities. All telecommunications towers and facilities shall be of camouflage design standards.