An ordinance of the City of Gulf Shores, Alabama to amend the City of Gulf Shores Zoning Ordinance, Articles 7, 8, 9, 12, and 15 and to incorporate three additional Zoning Overlay Districts in Article 8, Sections 8-22 through 8-24, inclusive; to provide for non-conforming uses; to repeal all conflicting ordinances; and for other purposes.

WHEREAS, the City of Gulf Shores, Alabama Planning Commission of the City of Gulf Shores, following a duly advertised public hearing, reviewed and recommended to the Mayor and City Council of City of Gulf Shores, Alabama the adoption of proposed amendments to the City of Gulf Shores Zoning Ordinance to implement the Envision Gulf Shores land use plan developed under contract by Jordan, Jones & Goulding on the basis of analysis of present and future land use issues with direct public input and to effect various changes to permitted uses, required land area, and building bulk and design requirements and limitations in various areas within the City, Articles and

WHEREAS, the City of Gulf Shores, Alabama Mayor and City Council, on June 13, 2005 held a duly advertised public hearing regarding the proposed adoption of such amendmentsand ordinances; and

WHEREAS, the City of Gulf Shores, Alabama Mayor and City Council finds that the adoption of the proposed amendments is ordinance furthers the purposes of promoting the health, safety, morals, convenience, order, prosperity and the general welfare of the present and future residents of City of Gulf Shores, Alabama;

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JUNE 13, this ___day of ____, 2005, as follows:

Section 1. Incorporation of Attached Zoning Amendments and Exhibits. That Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, be and it is hereby amended at The City of Gulf Shores, Alabama Zoning Ordinance, Articles 4,5,7, 8, 9, 11,12, 13, 15, 16 and 18 by the amendment and addition of certain provisions in such Articles to read as follows: is hereby amended by incorporation of the changes attached hereto and by the incorporation of three new Sections, as follows:

[Add to initial paragraph:] The meaning of terms not defined in this Article shall be as defined in The New Illustrated Book of Development Definitions, (Moskowitz and Lindbloom, 1993, Center for Urban Policy Research, Rutgers University.) All remaining words used are intended to have the commonly accepted definitions contained in the Merriam-Webster Dictionary.

ABUTTING: Touching at one point or along a common side, boundary or property line. Two pieces of property that are separated by a street or right of way are adjacent, but not abutting.

ADJACENT: Either abutting or on the opposite side of a common street, right of way, or easement that separates it from the subject property.

BEACH AREA OVERLAY DISTRICT: The boundaries of the Beach Area Overlay District are shown in the "City of Gulf Shores Beach Area Zoning Map" dated May 17, 2005, which is incorporated into and made part of this ordinance. The provisions of this Ordinance applicable specifically to the Beach Area Overlay District shall apply to all parcels of land and rights of way, or portions thereof, within the boundaries of the Beach Area Overlay District. Any parcel of land that is wholly or partly within the boundary shall be included.

BEDROOM: A room or articulated room space, including, without limitation, alcoves and lofts, identifiable as suitable for use as a defined sleeping area distinct from associated internal living space. The characterization of a room or articulated room space as a bedroom shall be determined objectively on the basis of its physical suitability for use as a distinct defined sleeping area, not on the basis of the manner in which such room or space is denominated.

Best Management Practices (BMPs): A collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control for all rainfall events.

BIKE LANE: A paved lane on a street or roadway that is reserved by pavement marking and /or signs for the exclusive use by bicycles.

BOLLARD: A removable post that is intended to prevent automobiles and trucks from entering a multi-use trail or pedestrian area.

BUILDING: Any structure with a roof and enclosed on all sides.

BUILDING, ACCESSORY: A building detached from the principal building located on the same lot and customarily incidental and subordinate in area, extent, and purpose to the principal building or use.

BUILDING COVERAGE: The percent of total lot area covered by the shadow configuration footprint that would result if the noon sun were located directly over the lot in question. Building coverage applies to the roof surface of all buildings and covered parking structures, but excludes temporary buildings, open air trellises, picnic shelters, canopies, awnings, swimming pools, tennis courts, sidewalks, surface parking lots, driveways, paths, trails, plazas, and similar uncovered surfaces.

BUILDING, PRINCIPAL: A building on a lot other than an accessory building. A principal building is constructed to serve the main or dominant use(s) of the lot on which such building is situated. A principal building may be a building including a mixture of uses.

BULK: The volume of a building or structure with respect to regulatory limits on its size, height, and the location of exterior walls at all levels in relation to lot lines, streets, or other buildings.

CALIPER: The diameter measurement of a tree in inches measured 6" above ground. When the tree caliper is greater than 6", the diameter measurement shall be made at breast height (4.0 feet) and shall be called diameter at breast height (DBH).

COMMERCIAL USE: An occupation, place of employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

CONDOMINIUM: A building, or group of buildings, in which residential dwelling units, offices or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

CONDOTEL (or CONDO-HOTEL): A hotel or motel operated under a condominium form of ownership. In addition to meeting the general requirements of the Zoning Ordinance definition of hotel or motel, a condotel must satisfy the following requirements:

CUT-OFF FIXTURE: A lighting fixture that is designed with panels or other devices that direct illumination downward and restricts glare emanating from the illuminated site to adjacent properties.

DENSITY: The number of lots or dwelling units per acre of land unless specifically provided otherwise.

DENSITY BONUS: A provision that allows a parcel to accommodate additional square footage, height, or additional residential units beyond the maximum otherwise permitted, in exchange for the provision of an amenity that provides a public benefit.

DEPARTMENT: The Department of Community Development of the City of Gulf Shores.

DIAMETER AT BREAST HEIGHT (DBH): A standard measure of the diameter of a tree trunk measured in inches at a height of 4 feet above the ground. If a tree splits into multiple trunks below 4 feet, then the trunk is measured at its most narrow point beneath the split.

DIRECTIONAL SIGN: An incidental sign not exceeding 6 square feet in area or 3 sq. ft. in height that is intended to direct movement of traffic onto or within a premises and containing no commercial message.

DIRECTOR: Director of the City of Gulf Shores Department of Community Development or his or her designee.

DRIVEWAY: A vehicular access, or curb cut that is in private ownership and provides access primarily to one property.

EXTENDED STAY FACILITY: A building or structure under a single management that provides no fewer than 5 rental room or suite units intended primarily as short term lodging accommodations for public rental on a daily, weekly, or other short term basis for registered guests. An extended stay facility shall maintain a central, internal lobby. An extended stay facility shall provide room cleaning and linen changes for its guests, and may include supportive areas such as meeting rooms, incidental retail sales and commercial services, central kitchen facility, dining rooms, restaurants, lounges, office areas, swimming pools, recreational facilities, spas, and fitness/exercise areas and other similar services and amenities intended principally as services for registered guests. Individual room or suite units shall be furnished and may include mini-refrigerators, bars, bar sinks, and microwave food heating equipment, full size refrigerators, stoves, clothes washers, clothes dryers and dishwashers, but shall not include more than two (2) bathrooms, or more than two (2) bedrooms. The determination of the number of bedrooms contained in a room or suite unit shall be made based on the suitability of a room or articulated room space, including, without limitation, alcoves and lofts, for use as a defined sleeping area distinct from associated internal living space. The characterization of a room or articulated room space as a bedroom shall be determined objectively on the basis of its physical suitability for use as a distinct defined sleeping area, not on the basis of the manner in which such room or space is denominated. A building or structure owned under a condominium form of ownership that satisfies this definition of extended stay facility shall be subject to all area and dimensional requirements and limitations applicable to hotels and motels in the District where it is to be located. A building or structure containing both extended stay room or suite units and dwelling units shall be subject to all requirements and limitations applicable to multi-family dwellings in the District where it is to be located, and each extended stay facility room or suite unit contained in such building or structure shall be treated as a dwelling unit for purpose of area and dimensional limitations and requirements imposed by this Ordinance.

FACADE: The exterior of a building extending the entire width of a building elevation that faces a public street.

FLOOR AREA RATIO (FAR): The sum of the gross floor areas in square feet of the total number of habitable stories of the principal building(s) on a lot or parcel of record divided by the gross area of such lot.

FUNCTIONAL AREA: That portion of streets approaching an intersection that includes the full length of auxiliary lanes designated exclusively for turning movements at the intersection.

GRADE: The rise or fall of a slope in feet for each 100 feet of horizontal distance, measured in percentages.

GROSS FLOOR AREA (GFA): The sum of the heated floor area of all the habitable stories of a building, measured from the exterior faces of exterior walls. Exterior balconies, stairways, hallways and other features are not included in GFA if they are not enclosed as heated and cooled space.

HEIGHT: The vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.

HEIGHT, BUILDING: The number of habitable stories in a building, not including stories that are used primarily for vehicle parking in a BTL-1, BTL-2, BTL-3, BTL-4 District and for parking or commercial uses directly accessible to the sidewalk in a BTB-1, BTB-2, BTB-3 and BTB-4 district. See STORIES, HABITABLE and Design Guideline 35.

HOTEL OR MOTEL: A building or structure under a single management that provides no fewer than 5 rental room or suite units intended primarily as sleeping accommodations for public rental on a daily basis for registered guests. A hotel or motel shall maintain a central, internal lobby. A hotel or motel shall provide daily room cleaning and linen changes for its guests, and may include supportive areas such as meeting rooms, incidental retail sales and commercial services, central kitchen facility, dining rooms, restaurants, lounges, office areas, swimming pools, recreational facilities, spas, and fitness/exercise areas and other similar services and amenities intended principally as services for registered guests. Individual hotel/ motel room or suite units shall be furnished and may include mini-refrigerators, bars, bar sinks, and microwave food heating equipment, but shall not include multiple bathrooms, full kitchens, full size refrigerators, stoves, dishwashers, clothes washers, clothes dryers, or more than one (1) bedroom. The determination of the number of bedrooms contained in a hotel or motel room or suite unit shall be made based on the suitability of a room or articulated room space, including, without limitation, alcoves and lofts, for use as a defined sleeping area distinct from associated internal living space. The characterization of a room or articulated room space as a bedroom shall be determined objectively on the basis of its physical suitability for use as a distinct defined sleeping area, not on the basis of the manner in which such room or space is denominated. A building or structure owned under a condominium form of ownership that satisfies the definition of condotel (which definition incorporates this definition of hotel or motel) shall be subject to all requirements and limitations applicable to hotels and motels in the District where it is to be located. A building or structure containing both hotel or motel room or suite units and dwelling units shall be subject to all requirements and limitations applicable to multi-family dwellings in the District where it is to be located.

IMPERVIOUS SURFACE: A surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets, roads, swimming pools, fountains, sidewalks, tennis courts, and any concrete or asphalt surface. Pervious paving areas are not considered impervious surfaces.

LAGOON PASS OVERLAY DISTRICT: The boundaries of the Lagoon Pass Overlay District are shown in the "City of Gulf Shores Beach Area Zoning Map" dated May 17, 2005, which is incorporated into and made part of this Ordinance. The provisions of this Ordinance applicable specifically to the Lagoon Pass Overlay District shall apply exclusively to all parcels of land and rights of way, or portions thereof, within the boundaries of the Lagoon Pass Overlay District. Any parcel of land that is wholly or partly within the boundary shall be included.

LODGING: Transient or short term living accommodations provided by a hotel, motel, extended stay facility, or bed and breakfast facility or through the short term rental of a dwelling unit .

LOT AREA: The total area within the boundaries of a lot. For the purpose of calculating the lot area of lots abutting the Gulf of Mexico, the rear lot line shall be the Mean High Tide Line that is shown on the Lucido & Oliver surveys approved by the Department of Conservation and recorded in the Probate Court.

LUCIDO & OLIVER LINE: the rear property line of lots having Gulfside yards. The Lucido & Oliver line is the Mean High Tide Line that is shown on the Lucido & Oliver surveys approved by the Department of Conservation and recorded in the Probate Court.

MASSING: The exterior form of a building, a structure or a series of buildings seen as a whole, encompassing bulk, shape, height, width, scale, proportion and the spatial relationships of buildings, landscaping and open space.

MIXED USE DEVELOPMENT: Development of a single building or single parcel to contain two or more of the following types of uses: residential, retail/commercial, office, or institutional. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel, provided that they are in close proximity, planned as a unified and complementary whole, and functionally integrated to make use of shared vehicular and pedestrian access and parking areas.

MODULATION: The rhythmic variation in the massing and fenestration of a building that divides its roofline and facade into small harmonious components that create visual interest, as distinct from the appearance of a large building with a featureless facade built on a single plane with a single roof line. Modulations of a facade should break the vertical plane with variations that are at least two feet in depth, measured from the forward plane of the facade.

NON-RESIDENTIAL: A building, use, or zoning district other than residential dwelling units or buildings. Hotels and motels are non-residential uses.

OUTDOOR STORAGE: The keeping, in an unenclosed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four hours whether for storage, display, processing or sale.

OVERLAY DISTRICT: A zoning district that encompasses one or more underlying zones and that may vary the requirements uses and standards of the underlying zone.

OVERLAY DISTRICT DESIGN GUIDELINES: The guidelines set out in the City of Gulf Shores Envision Gulf Shores Overlay Districts Design Guidelines (Revised April 11, 2005) for use in administering and interpreting site plan design concepts applicable to the Beach Overlay District, the Walking Area Overlay District, and the Lagoon Pass Overlay District.

PARCEL: Any plot, lot or acreage shown as a unit on the latest county tax assessment records.

PARKING, BICYCLE: An area in a parking lot or along a sidewalk that is designed and marked for the purpose of securing bicycles in an upright fashion, using a locker or open framework that is permanently attached to the ground and providing secure anchorage for two or more bicycles. Bicycle parking spaces should be in one or more convenient locations within 100 feet of the uses or principal entrances of buildings which they are intended to serve.

PARKING STRUCTURE: A structure designed principally for the storage and circulation of motor vehicles that includes a roof and/or more than one level. A parking structure may be either freestanding or incorporated in one structure along with another use, such as a residential or commercial use.

PARKING, OFF-STREET: A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.

PARKING, ON-STREET: Areas along curbs of a street that are authorized for temporary (less than 48 hours) storage of automobiles belonging to owners, tenants, customers, or visitors of adjacent or nearby properties.

PEDESTRIAN ACCESS WAY: Crosswalk or other areas designed and marked exclusively for pedestrian traffic.

PERVIOUS PAVING: Materials used for surfacing parking lots and driveways such as porous concrete or modular porous paver systems that are designed to allow infiltration of stormwater and are consistent with Stormwater Best Management Practices. Pervious paving areas are not considered as impervious surface areas for the purpose of calculating impervious surface coverage.

PRE-APPLICATION CONFERENCE: An initial and informal stage of development review at which the developer may make known concept plan proposals and the Director may respond and/or advise the developer concerning the development regulations and other issues related to the development.

PRINCIPAL USE: The principal purpose for which a lot or the principal building thereon is designed, arranged or intended, and for which it is or may be used, occupied or maintained.

PROPERTY, ADJACENT: Property that is either abutting or on the opposite side of a common street, right of way, or easement that separates it from the subject property. Properties separated by a railroad track or freeway are not abutting or adjacent.

PUBLIC IMPROVEMENT: Any street, park, water line, sanitary drainage system or similar improvement installed to serve abutting or nearby private or public property constructed by either a private entity or a public agency and ultimately owned and maintained by a public entity.

PUBLIC USES: Buildings, structures and uses of land by a unit of government, including but not restricted to government administration, water treatment facilities, streets, libraries, public schools, parks, playgrounds, recreation centers and fire stations.

SATELLITE DISH: A satellite antennae with a spherical, dish shape.

SCREENING: A method of shielding, obscuring or buffering one use or building from another use or building by fencing, walls, densely planted vegetation, natural vegetation, including a transitional buffer or other means; a visual and acoustical barrier which is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six (6) feet.

SETBACK (OR REQUIRED YARD OR MINIMUM YARD): With respect to a structure on property abutting a property line or street right of way, the minimum required distance between the right-of-way of a street or the adjacent property line and the nearest exterior surface of the building or structure on the property. Balconies and other structural elements may not extend into setbacks. Minor architectural embellishments may extend up to 2 feet into setbacks if they do not comprise more than 25% of the surface of the building face in question. No accessory structure of any kind may be located within a setback except as otherwise specifically authorized under Article 8 of this Ordinance.

SITE PLAN: A plan required by City of Gulf Shores that provides detailed information about the layout of private land development and required public improvements prior to preparation of construction drawings for a land development that does not include subdivision of property that would otherwise be subject to a preliminary plat.

SPACING BETWEEN BUILDINGS: The horizontal distance between the closest points of two adjacent buildings not including protruding eaves, overhangs, cornices, moldings, balconies, porches, railings, awnings, canopies, decks, gutters, downspouts, and mechanical equipment that extend less than 2 feet from the exterior wall surface.

STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, the space between such floor and the ceiling next above it. Fully enclosed interior spaces that form vertical common areas within a building such as an atrium, may count as one story and the floor area of all balconies and habitable upper stories exposed to such atrium shall be counted as gross square feet of habitable space. However, when a fully enclosed private interior space or loft extends past intervening floors or balconies, each such intervening floor or balcony that is habitable shall count as a separate story.

STORY, HABITABLE: A story having its floor elevated to or above base flood elevation as established by the City, regardless of the intended use of the story or its floor area. For buildings conforming to the City’s Flood Damage Prevention Ordinance, the term "habitable story" does not include any space or area below the base flood elevation. If the floor level of the first "habitable story" is elevated in accordance with the City’s Flood Damage Prevention Ordinance, the space or area underneath shall not be included in determining "gross floor area" even though it is used for permitted uses such as off-street parking or storage. A building lobby, building circulation, and one dwelling for the residence of an on-site manager or caretaker are not included in the term "habitable story".

STREETLINE (or RIGHT-OF-WAY LINE): The edge of the right of way of a public street.

STREET TREES: Trees required to be planted by the City of Gulf Shores that are located within the public right of way parallel to public streets and intended to provide shade, screening of parking lots, and aesthetic enhancement for street corridors.

TRAIL, MULTI-USE: a corridor designed for one or more alternative forms of transportation including pedestrians, joggers, skaters, and slow-moving vehicles such as strollers, bicycles and golf carts.

VIEWSHED MANAGEMENT AREA: Those portions of the Walking Area Overlay District designated in the Overlay District Design Guidelines as subject to design criteria that protect critical sight lines within the District.

WALKING AREA OVERLAY DISTRICT: The boundaries of the Walking Area Overlay District are shown in the "City of Gulf Shores Beach Area Zoning Map"dated May 17, 2005, which is incorporated into and made part of this ordinance. The provisions of this Ordinance applicable specifically to the Walking Area Overlay District shall apply exclusively to all parcels of land and rights of way, or portions thereof, within the boundaries of the Walking Area Overlay District. Any parcel of land that is wholly or partly within the boundary shall be included.

Section 5-1. Use Districts

BTB-1 Low-Medium Density Tourist Business

BTB-2 Medium Density Tourist Business

BTB-3 Medium-High Density Tourist Business

BTB-4 High Density Tourist Business

[After "BTL"]

BTL-1 Low Density Tourist Lodging

BTL-2 Low-Medium Density Tourist Lodging

BTL-3 Medium Density Tourist Lodging

BTL-4 Medium-High Density Tourist Lodging

Section 5-2. Zoning Map

Said districts are bounded as shown on the map entitled "City of Gulf Shores Zoning Map" revision dated June 3, 2005, as modified and supplemented by the map entitled "City of Gulf Shores Beach Area Zoning " dated May 17, 2005, which maps, with all explanatory matter thereon, are hereby made a part of this Ordinance. The originals of such maps, properly attested by the City Clerk, are and shall remain on file in the Office of the City Clerk.

ARTICLE 6 DISTRICT REGULATIONS

Section 6-4. Use Regulations for Business and Industrial Districts

****

3. BTL - Tourist Lodging District. This district is intended to provide suitable locations for hotels, motels, condominiums and multi-family dwellings serving residents and visitors and for a limited amount of supportive commercial activities that are compatible with the resort residential character of the district. In addition to the BTL District, there are four separately designated and separately regulated variants of the BTL District:

4. BTB - Tourist Business District. This district is intended to provide suitable locations for walkable, mixed-use developments consisting of hotels, motels, condominiums and multi-family dwellings serving residents and visitors. Buildings that provide lodging are encouraged to also provide compatible commercial uses that provide residents and guests with the services, conveniences and amenities needed on a daily basis. In addition to the BTB District, there are four separately designated and separately regulated variants of the BTB District:

Section 6-4. Table of Permitted Uses

***

A. Residential

Uses permitted in the R-D, R-1A and R-1B Residential Districts R

Uses permitted in the RML Residential District R

Uses permitted in the RMH Residential District R

Dwelling for residence of on-site manager watchman or caretaker employed on the

premises provided that such dwelling is clearly incidental to the principal use R

Multi-family R

Interval occupancy facility R

B. Lodging Facilities

Hotels and motels (but not extended stay facilities) R

Hotels and Motels with up to 25,000 sq. ft. of meeting roomsRHotels and motels with more than 25,000 sq. ft. of meeting roomsCUPCondotelRRooming, board or lodging houses SE

Bed and Breakfast Establishments R

C. Incidental Accessory Uses (Not to exceed 10% of gross floor area)

Incidental accessory retail uses such as food R

service, gift or novelty shops, soda bars, conducted primarily for the convenience

of employees, patients, patrons, or visitors on the premises and contained wholly

within the principal building.

Incidental accessory services such as barber and beauty R

shops, shoe repair shops, travel agencies, photographers, tailor, dressmaker, artist

studios, picture framing, and other personal services of a similar nature and contained

wholly within the principal building.

Health studio or club, reducing salon R

Restaurants selling food and drink for immediate consumption R

within the principal building and excluding all types of drive-in service.

Lounge which is incidental to the operation of a hotel, motel, or R

restaurant

Caterers R

D. Institutional, Public and Private

Libraries, community centers, public or private parks, playgrounds R

museums, art galleries, legitimate theaters, artistic programs or events

Public and semipublic buildings used exclusively for public purposes R

but excluding those of an industrial nature such as garages, repair or storage

yards, warehouses, buildings used as correctional institutions, and industrial type

operations of any kind

Essential service facilities SE

Essential services installations (when properly screened from R

public view)

Radio and television stations excluding transmitting towers SE

Telecommunications towers and telecommunications SE

support apparatus.

E. Amusement and Recreation Services

Accessory rentals of motorized watersports equipment, R

including but not limited to jet skis, motor boats, etc., when done so in

conjunction with a principal hotel, motel, condominium, or restaurant use,

provided that the following are met:

Direct Frontage - Any lot or parcel of land having one or more lot lines situated

adjacent to, bordered by, or contiguous with the bank or shoreline of a major water

body, shall be considered as having direct frontage along any canal. In no case,

however, shall frontage along any canal, bayou, slough, creek, tributary, or other

ancillary water body be considered as direct frontage to a major water body.

Major Water Body - A major water body, for the purposes of this Section,

shall be one of the following as shown on the official Zoning Map of the

City of Gulf Shores: Little Lagoon, Intracoastal Waterway, or Gulf of Mexico,

excluding any tributaries, canals, bayous, sloughs, creeks, tidal marshlands,

or any other ancillary water bodies.

F. Financial, Professional, Business and Administrative Services

Office: professional, business, administrative, executive, and other R

offices having no storage of stock in trade (other than samples) or

heavy equipment and no sale of commodities on the premises

Offices incidental to a permitted use R

G. Marinas, Boat Storage, Boat Service and Repair

A marina for docking pleasure boats and providing services SE

to pleasure boats and the occupants thereof, including

minor servicing and minor repair to boats while in the

water, sale of fuel and supplies, and provision of lodging,

food, beverages, and entertainment as accessory uses

The docking only of pleasure boats as an accessory use to R

a permitted principal use. Boat service or dry storage is

prohibited.

H. Transportation

On-site parking lot for residents, guests, employees, R

customers, or visitors for any permitted use.Public Parking providing beach access CUP

Parking structure R

A. Residential*

Uses permitted in the R-D, R-1A and R-1B Residential Districts R

Uses permitted in the RML Residential District R

Uses permitted in the RMH Residential District R

Dwelling for residence of on-site manager watchman or caretaker employed on the

premises provided that such dwelling is clearly incidental to the principal use R

Multi-family R

Interval occupancy facility R

B. Lodging Facilities*

Hotels and motels (but not extended stay facilities) R

Hotels and motels with up to 25,000 sq. ft. of meeting roomsRHotels and motels with more than 25,000 sq. ft. of meeting roomsCUPCondotelRRooming, board or lodging houses SE

Bed and Breakfast Establishments R

C. Accessory Retail Uses

Incidental accessory retail uses such as food R

service, gift or novelty shops, soda bars, conducted

primarily for the convenience of employees, patients, patrons,

or visitors on the premises and contained wholly within the

principal building

Incidental accessory services such as barber and beauty R

shops, shoe repair shops, travel agencies, photographers, tailor,

dressmaker, artist studios, picture framing, and other personal

services of a similar nature and contained wholly within the

principal building

D. Institutional, Public and Private

Day nurseries and kindergartens meeting all requirements of R

appropriate State regulations and standards

Libraries, community centers, public or private parks, play- R

grounds, museums, art galleries, legitimate theaters,

artistic programs or events

Public and semipublic buildings used exclusively for public R

purposes but excluding those of an industrial nature such

as garages, repair or storage yards, warehouses, buildings

used as correctional institutions, and industrial type

operations of any kind

Essential service facilities SE

Essential services installations (when properly screened from R

public view)

Radio and television stations excluding transmission towers SE

Telecommunications towers and telecommunications SE

support apparatus

Lodges, fraternal and social organizations, headquarters R

for scout and other youth organizations

Medical and dental offices and clinics excluding veterinarians R

Churches and other places of worship including Sunday school SE

buildings, parish houses and other residences of clergy

E. Commercial, Retail Sales (Maximum 50,000 sq. ft. GFA per parcel)

1. Food, Drink and Drugs

Grocery, delicatessen, supermarket or other store carrying R

a variety of food and related goods, not exceeding 10,000

square feet in gross floor area.

Food specialty store, including but not limited to the R

following lines: Meat (excluding slaughtering and

eviscerating), fish, eggs, poultry (excluding

slaughtering), fruit, vegetables, candy, nuts, coffee,

tea, confection, dairy products, health foods, and

bakery (retail) with total gross floor area not exceeding

4,000 square feet in gross floor area.

Sale of liquor, wine or beer not to be consumed on the R

premises

Drug or cosmetic store, including sale of goods and R

services customarily incidental thereto

Variety store R

Apparel, clothing and shoe store R

Antiques and secondhand goods excluding materials held R

only for discard or reprocessing

Specialty stores selling goods predominantly R

at retail on the premises, including but not limited to

the following lines: tobacco, news, books, stationery,

gifts, cards, novelties, flowers, jewelry, luggage,

optical goods, sporting goods, bicycles, pets, hobbies,

toys, coins, stamps, photo supplies, art supplies, works

of art, music, musical instruments, hobby goods, sewing

machines, radio and TV sales and service

Products of artists and craftsmen, provided that areas R

for the production of such products do not exceed a floor

space of 2,000 square feet.

F. Commercial Services

Barber and beauty shops, shoe repair shops, travel R

agencies, photographers, tailor, dressmaker, artist

studios, picture framing, and other personal services

of a similar nature

Health studio or club, reducing salon R

Medical and dental offices and clinics R

Laundromats, laundry or dry cleaning pickup stations, R

dyer, clothing storage

Restaurants selling food and drink for immediate R

consumption within the principal building and

excluding all types of drive-in service.

Lounge SE

Lounge which is incidental to the operation of a hotel, R

motel or restaurant

Caterers R

Music or dancing school, athletic instruction when R

contained within a building

Establishments so arranged that noise, vibration,

lights, and all other possible disturbing aspects

connected with their operation are enclosed, screened,

or otherwise controlled to the extent that the opera-

tion of the establishment will not unduly interfere

with the use and enjoyment of properties in the

surrounding area as follows:

Theater, excluding drive-in R

Skating rink SE

Billiard or pool hall, bowling alley SE

Amusement park, amusement arcade, kiddieland R

Miniature golf courses and driving ranges R

Indoor tennis or racquetball clubs or establishments R

G. Financial, Professional, Business and Administrative Services

Banks and financial institutions R

Broker, investment company R

Insurance company R

Office: professional, business, administrative, executive, R

and other offices having no storage of stock in trade

(other than samples) or heavy equipment, and no sale of

commodities on the premises

Offices incidental to a permitted use R

Credit bureaus R

Printing, engraving, mailing, telephone answering service, R

telegraph or messenger service

H. Repair, Decorating, Construction Services

Repair shop for repairs or adjustments to bicycles, small R

appliances, watches, locks, musical instruments, guns, and

similar items, conducted wholly within a building with no

outside storage of materials or equipment

I. Marinas, Boat Storage, Boat Service and Repair

The docking only of pleasure boats as an accessory use to R

a permitted principal use. Boat service or dry storage is

prohibited.

J. Transportation

On site parking lot for employees, customers, residents, R

guests, or visitors for any business or commercial or

entertainment use.

Parking structure R

Taxi dispatching station R

* Uses identified above in Category A. "Residential" and Category B " Lodging Facilities" are not permitted uses in any BTB-1, BTB-2, BTB-3, or BTB-4 District contained within the Walking Area Overlay District unless located in a mixed use principal building in which a portion of GFA directly accessed from sidewalks on or abutting public rights of way equal in amount to not less than ten (10) percent of the GFA designated for Residential or Lodging Facilities use is utilized for one or more uses enumerated in Category E. "Commercial, Retail Sales" or Category F. "Commercial Services" identified above.

Section 7-2. Exceptions and Modifications Supplementing the Table of Area and Dimensional Requirements.

[Amend Section 7-2.G. to read in its entirety as follows:]

G. In no event shall the height of any building or non-building structure in the BTL, BTB, or BSCR Districts, excluding those portions and features identified in Section 8-5 below, exceed 200 feet.

****

R. Maximum building height in the BTL-1, BTL-2, BTL-3, and BTL-4 districts. Maximum building height in Table 7.1(b) and shown in Design Guideline 35 refers to the habitable floors used for residential purposes or hotel/motel purposes. Not included are

S. Maximum building height in the BTB-1, BTB-2, BTB-3, and BTB-4 districts. Maximum building height in Table 7.1 (b) and shown in Design Guideline 35 refers to the habitable floors used for residential purposes or hotel/motel. Not included are:

T. Maximum Floor Area Ratio (FAR).

U. Maximum residential density. The number of dwelling units in a project may be increased above these levels for projects for which bonus site density and building height is awarded pursuant to Section 7-3, 7-4, or 7-5.

V. Minimum interior side yard requirements. Interior side yards are side yards that are interior to a block face, and abut another buildable lot.

MSYS= Minimum Side Yard Setback, in feet; and

TLW = Total Lot Width measured in feet at front yard setback line.

Table 7.2, below, provides examples of the setbacks applicable in this paragraph for the ranges of lot width shown.

Table 7.2 Minimum Side Yard Setbacks for Interior Lots

Total Lot Width Minimum Side Yard Buildable width (ft.)

In feet (TLW) Setback (ft.) (TLW-2*MSY)

200-300 30-55 140-190

300-400 55-80 190-240

Over 400 80 (maximum) +240

W. Corner side yard setbacks. For corner lots, where the side yard setback is adjacent to public streets, the minimum side yard setback shall be twenty (20) feet on each corner side, plus two (2) feet for each additional story in height for portions of the building in excess of 3 stories, up to a maximum setback of fifty (50) feet.

X. Building Coverage. Table 7.3 provides maximum building coverage allowed in areas outside the Walking Area Overlay District. Table 7.4 provides maximum building coverage in areas within the Walking Area Overlay District.

Table 7.3 Maximum Building Coverage of Lot

Building Height Maximum Building Coverage

(percent of Lot area)

1-5 stories 65%

6-10 stories 50%

11-15 stories 25%

+15 stories 20%

Building Height Maximum Building Coverage

(percent of Lot area)

1-5 stories 80%

6-10 stories 70%

11-15 stories 35%

+15 stories 25%

Y. Viewshed Management Area. Portions of buildings in the Viewshed Management Area designated in Design Guideline 15 that exceed 50 feet in height, measured from the surface of abutting streets, shall be setback as shown in Design Guideline 15. A request to modify or eliminate the requirements of the Viewshed Management Area may be considered by the City Council in conjunction with site plan review.

Z. Access Management Standards. Property within the BTL-1, BTL-2, BTL-3, BTL-4, BTB-1, BTB-2, BTB-3 and BTB-4 districts shall be developed in accordance with the following standards:

1. Driveway connections shall be restricted within the functional area of an intersection (see Design Guideline 16) and shall be consistent with the following standards:

2. Corner Sight Distance. All driveways approaching a collector or arterial street shall provide adequate corner sight distance. The minimum corner sight distance from the driveway shall be as illustrated in Design Guideline 17 unless a more restrictive standard is required by the ALDOT.

3. Driveways shall intersect roads or streets at an angle between 75 and 105 degrees.

Section 7-3. Incentive Bonus Density and Building Height in BTL-1, BTL-2, BTL-3, BTL-4, BTB-1, BTB-2, BTB-3, and BTB-4 Districts Outside the Walking Area Overlay District and the Lagoon Pass Overlay District

A. Intent. In order to promote the local economy and improve public welfare and convenience, the City of Gulf Shores desires to promote the private provision of adequate and well-designed public spaces and improvements that provide additional public beach access, parking, civic spaces, and other public amenities and conveniences for both residents and visitors.

B. Authority. As part of the development of property in the BTL-1, BTL-2, BTL-3, BTL-4, BTB-1, BTB-2, BTB-3, and BTB-4 Districts Outside the Walking Area Overlay District and the Lagoon Pass Overlay District, at its option the City Council may grant to the owner of such property a bonus number of dwelling units, gross floor area (GFA), and stories of building height applied to a proposed development for multi-family or hotel/motel uses as an incentive to encourage the appropriate location, design, dedication and development of additional public parking spaces and improvements adjacent to the Gulf of Mexico that are accessible and convenient to the public. The bonus number of dwelling units, GFA and number of stories in building height shall be in addition to the maximum GFA, FAR, dwelling units and stories otherwise authorized by the applicable zoning district in Table 7.1(b). Development authorization pursuant to this provision shall be subject to Site Plan Review by the City Council as provided in Article 15 of this Zoning Ordinance. The grant of bonus density, GFA, and building height and the amount of bonus granted, if any, shall be discretionary with the City Council, and there shall be no automatic entitlement or right to any such bonus.

C. Approved public spaces and improvements authorized. In order to qualify to receive the additional site density and building height described in Table 7.5 of this Sub-section, the property developer must provide one or more of the following:

2. Min. of 25 public parking spaces provided on

south side of Beach Blvd. 8 additional units / 12,800 sq. ft. /1 story ^a

5. Cash contribution to the City

for its use constructing public

facilities and amenities serving

Section 7-4. Incentive Bonus Density and Building Height in BTB-1, BTB-2, BTB-3, and BTB-4 Districts within the Walking Area Overlay District

A. Intent. In order to promote the local economy and improve public welfare and convenience, the City of Gulf Shores desires to promote the private provision of adequate and well-designed public spaces and improvements that provide additional public beach access, parking, civic spaces, and other public amenities and conveniences for both residents and visitors.

B. Authority. As part of the development of property in the BTB-1, BTB-2, BTB-3, and BTB-4 Districts Within the Walking Area Overlay District, at its option the City Council may grant to the owner of such property a bonus number of dwelling units, gross floor area (GFA), and stories of building height applied to a proposed development as an incentive to encourage the appropriate location, design, dedication and development of additional public parking spaces and improvements adjacent to the Gulf of Mexico that are accessible and convenient to the public. The bonus number of dwelling units, GFA and number of stories in building height shall be in addition to the maximum GFA, FAR, dwelling units and stories otherwise authorized by the applicable zoning district in Table 7.1(b). Development authorization pursuant to this provision shall be subject to Site Plan Review by the City Council as provided in Article 15 of this Zoning Ordinance. The grant of bonus density, GFA, and building height and the amount of bonus granted, if any, shall be discretionary with the City Council, and there shall be no automatic entitlement or right to any such bonus.

C. Approved public spaces and improvements authorized. In order to qualify to receive the additional allowable site density and building height described in Table 7.6 of this Sub-section, the property developer must provide one or more of the following:

Item:

1. Minimum of 50 reserved

2. Minimum of 100 reserved

3. Minimum of 150 reserved

4. Cash contribution to the City

Notes to Table 7.6:

Section 7-5. Incentive Bonus Density and Building Height in BTL-1, BTL-2, BTL-3, BTL-4, BTB-1, BTB-2, BTB-3, and BTB-4 Districts within the Lagoon Pass Overlay District

A. Intent. In order to promote the local economy and improve public welfare and convenience,
the City of Gulf Shores desires to enter into public/private partnerships with adjacent
property owners in order to promote the provision of adequate and well-designed public
spaces and improvements that provide additional public access and enhancements to the
value of existing private and public property adjacent to Little Lagoon.

For providing the Receive additional

following improvements dwelling units, sq. ft. GFA, building height of:

Item:

1. Cash contribution to the City

for its use constructing Up to a maximum of 16 units

specified public amenities /25,600sq. ft. GFA

Notes to Table 7.7:

a. See subsection E.2.

Section 7-6. Impervious Surface Limitations

Section 7-7. Outdoor Seating and Display

C. Outdoor seating for restaurant service is permitted in the Walking Area Overlay District provided that such seating meets all of the following conditions:

D. Outdoor display of merchandise along or adjacent to sidewalks is permitted in the Walking Area Overlay District for retail establishments that are authorized to sell tourist-related merchandise, provided all of the following conditions are met:

****

C.1. Two or more lots fronting on and separated by State Highway 182 of the same or like zoning and all located outside the Beach Area Overlay District may be joined as a zone lot, as provided in subsections 8-12.A and Section 8-12.B. of this section, provided that: [the remainder of Subsection C. to remain as currently enacted].

D. Transfer of Development Rights (TDR) Across Beach Boulevard in Beach Area Overlay District.

Section 8-14. Beach Area Shopping and Restaurant District and Overlay Zone

District Definition: The Beach Area Shopping and Restaurant Districts shall be defined as those BG zoned areas located east of West 11th Street, south of Fort Morgan Road and west of Gulf State Park.

District Regulations: All applicable zoning and subdivision regulations shall apply for any development or redevelopment in the district in which proposed construction is located unless specifically exempted by this Section.

1. In order to qualify for outdoor seating, the applicant shall demonstrate that all current parking facilities are conforming to the current zoning requirements of Article 12.

2. In order to qualify for outdoor seating, the restaurant must be situated adjacent to an open sidewalk segment which is continuously connected with the main overlay district sidewalk system located south of West 8th Avenue.

3. The number of allowable outdoor seats shall be no greater than thirty percent (30%) of the total number of conforming seats located within the restaurant but in no case shall more than twenty-four (24) seats be allowed. In addition, businesses meeting the requirements of 1 and 2 above shall be allowed at least four (4) outdoor seats.

4. All outdoor seating facilities must be located at ground level (first level if building is elevated) and directly adjacent to a public sidewalk.

F. Savings Clause Applicable to Certain Nonconforming Multi-Family Dwellings and Hotels or Motels.

1. This Subsection F shall be applicable only to nonconforming multi-family dwelling or hotel or motel structures that are located within the Beach Overlay District, the Walking Area Overlay District, or Lagoon Pass Overlay District and that meet all of the following criteria ("Qualifying Structures"):

(a) The structure must have been completed on or before the 720th day following the date of site plan approval on the basis of a site plan application accepted as complete by the City on or before March 22, 2005;

(b) On the later of March 22, 2005 or the date of its completion, the structure must have been in conformity with all requirements of the Zoning Ordinance as in effect on the day preceding the enactment of Ordinance No. 1329;

(c) By not later than the 720^th day following the date of enactment of Ordinance No. 1329, a written application for designation of the structure as a Qualifying Structure in form and content specified by the Zoning Official must have been filed with the Zoning Official, accompanied by all documentation identified as necessary by the Zoning Official for a determination of the structure’s status as a Qualifying Structure. The Zoning Official shall notify the applicant in writing of his determination whether the application is approved or denied within

60 days after a complete application and all necessary documentation has been filed with the City.

2. Notwithstanding any other provision of the Zoning Ordinance to the contrary, a Qualifying Structure shall be subject to the following savings clause provisions in the event it is damaged or destroyed to the extent that the cost of restoring the structure exceeds sixty percent (60%) of the value of the structure before its damage or destruction, provided that reconstruction or restoration is commenced within 365 days after the date of its damage or destruction:

(a) The Qualifying Structure may be reconstructed or restored once and only once in a manner which recreates the same number of dwelling units or lodging units contained in the Qualifying Structure on the day before its damage or destruction;

(b) The Qualifying Structure may be reconstructed or restored once and only once utilizing the same gross floor area , height, and building coverage utilized in the Qualifying Structure on the day before its damage or destruction; provided, however, that, in the event that (i) governmental law or regulation becoming effective after March 22, 2005 would effectively require an increase in gross floor area in order to accommodate the same number of dwelling units or lodging units contained in the Qualifying Structure on the day before its damage or destruction and (ii) an increase in the Qualifying Structure’s gross floor area would have been permissible under the Zoning Ordinance as in effect on the day preceding the enactment of Ordinance No. 1329, the City Council may authorize an increase in permitted gross floor area to accommodate the required increase in gross floor area, but in no event to exceed a permitted gross floor area of 110% of the gross floor area of the Qualifying Structure on the day before its damage or destruction;

(c) Except as expressly provided to the contrary in this subsection F, the reconstruction or restoration of a Qualifying Structure must in all other respects be in compliance with all other provisions of the Zoning Ordinance as in effect at the time of such reconstruction or restoration and with all other then applicable federal, state, county, and municipal laws, regulations, and requirements.

G. Requirements Regarding Off-Street parking and Loading in the Beach Area Overlay District Outside the Walking Area Overlay District and in the Lagoon Pass Overlay District

Off-street parking and loading in the Beach Area Overlay District outside the Walking Area Overlay District and in the Lagoon Pass Overlay District shall be as otherwise required in Article 12 of the City of Gulf Shores Zoning Ordinance, except as provided below:

2. Subject to approval by the City Council as provided in subsection 3 below, minimum parking requirements for a mixed use development may be reduced by calculation of Shared Parking Requirements for the development utilizing the following Worksheet, which is setout utilizing a hypothetical mixed use development in which 100 spaces would otherwise be required for each of the identified use categories:

3. The parking reductions in subsection G. 2. may be allowed as part of site plan approval only if it is demonstrated to the satisfaction of the City Council that a combination of the following vehicular, pedestrian, bicycle and parking measures are proposed by the development plan, including but not limited to:

4. Whether or not a parking reduction is available and allowed to a development as a mixed use development pursuant to subsections 2 and 3 above, a separate or additional parking reduction to the minimum parking requirements otherwise applicable to uses other than hotels/motels and multifamily residential may be allowed to any development as part of site plan approval only if it is demonstrated to the satisfaction of the City Council that a combination of the following vehicular, pedestrian, bicycle and parking measures are proposed by the development plan, including but not limited to:

Except as may be allowed under subsections 2 and 3 above, there shall be no reduction in off-street parking requirements for motels/hotels, or multifamily residential uses.

8. Off-Street Loading and Building Servicing.

a. To the maximum extent possible, off-street loading and servicing shall take place during off-peak hours, such as between 11 PM and 6 AM.

b. Off-street loading and servicing areas shall be located to the rear of all buildings or screened from public view by a combination of opaque fences, walls, and landscaping. Fences and walls shall incorporate materials and colors of the principal building.

c. Access ways and loading areas used for delivery trucks, service vehicles, and driveway and loading areas for garbage trucks shall provide safe means of access and egress from public streets such that delivery vehicles and garbage trucks are not required to back in to Beach Boulevard or Gulf Shores Parkway. All access ways and loading areas shall provide a minimum horizontal and vertical clearance of 14 feet at all points.

d. Dumpsters. Dumpsters shall not be located in any required front yard. Dumpsters shall be placed on a concrete pad of sufficient size and strength to support service vehicles without failure. Dumpsters that would be visible from a public street or from abutting or adjacent property shall be completely screened from such visibility by an opaque fence or wall that is a minimum of 6 ft. in height, but not less than the height of the dumpster. Such fence or wall shall incorporate materials and colors of the principal building.

H. Requirements Regarding Off-Street Parking and Loading in the Walking Area Overlay District

Off-street parking and loading in the Walking Area Overlay District shall be as otherwise required in Article 12 of the City of Gulf Shores Zoning Ordinance, except as provided below:

2. Subject to appr