Escambia County IDA
P.O. Box 1266
Atmore,  AL 36504
(251) 368-5404
(800) 551-5404
FAX: (251) 368-1328
info@escambiaida.com

Atmore Industrial Park

Atmore, Alabama
Adopted Feb. 22, 1984

1. PROPERTY AND PERSONS AFFECTED. The real property which is the subject of these restrictions is located in Atmore, Alabama.

All persons and corporations who now own or shall hereinafter acquire any interest in the aforementioned property shall be taken to hold and agree and covenant with the City of Atmore, (City), and with its successors and assigns to conform to and observe the following covenants, conditions, and restrictions as to the use of the property and the construction of improvements thereon.

2. PRIMARY INTENDED USE. All sites in the Atmore Industrial Park (Park) shall be used for light industrial, manufacturing, warehousing, or distribution purposes only, and retail sales of merchandise or services shall not be permitted except for retail sale by owner or lessee of products manufactured therein. In particular, but not in limitation of the foregoing, no restaurant, motel, or gasoline service station usage will be permitted except at such locations as the City in the exercise of its sole discretion shall first approve in writing.

3. PROHIBITED USES. No land or building shall be used or occupied which does not conform to the performance standards of Section 5. In addition, the following uses are specifically prohibited:

(a) Residential construction

(b) Commercial incineration

(c) Junkyards

(d) Rubbish, garbage or trash dumps

(e) Abattoir

(f) Stockyard

(g) Saw mill

(h) Contractors storage yard

(I) Fuel storage yard

(j) Outside storage unless in conformance with Section 4(e).

4. REQUIRED CONDITIONS. Any buildings or uses permitted in the Park shall comply with the following conditions:

(a) Setbacks No principal building shall be located within fifty (50) feet of a public street or within thirty (30) feet of any property line.

(b) Accessory Buildings Accessory buildings shall be located at least twenty- five (25) feet from a principal building, fifteen (15) feet from a side property line and twenty (20) feet from a rear property line.

(c) Minimum Lot Width Each lot shall have a minimum lot width of 200 feet measured along the required front street setback line.

(d) Maximum Building Coverage The total floor area of all buildings shall not exceed 40% of the total lot area.

(e) Storage All materials and equipment shall be stored in completely enclosed buildings or shall otherwise be screened by such walls, fences, and landscaping as may be determined by the City to be adequate to appropriately screen such materials and equipment from areas outside of the lot boundaries.

(f) Landscaping Owner or lessee shall landscape that portion of his property between building or buildings and the curb line of abutting streets and shall remove undergrowth, weeds, debris and any other unsightly materials from the remainder of the property at his own expense. Each owner or lessee in the Park shall maintain his landscaping in a safe, clean, and attractive condition. Should the City find any owner or lessee negligent in this regard, it may give notice of the fact to the offending party. Within ten (10) days of the receipt thereof, said party shall initiate corrective measures. Effective disregard of notice shall give the City a right to enter the offending premises and undertake necessary maintenance at the expense of the owner or lessee thereof. Failure to reimburse the City for these services within thirty (30) days after billing shall create a lien against the property in question.

(g) Trees Owners and lessees in the Park shall exert their best efforts to preserve the natural beauty of their respective properties and, in this regard, shall not needlessly destroy or remove live trees, other than those in an area earmarked for construction or considered hazardous from high winds.

(h) Building Height Except as provided by specific variance granted by the City, the height of any building or structure shall not exceed fifty (50) feet above ground level.

(i) Off-Street Parking

1. No parking or loading shall be permitted on any street or road, either public or private, or at any other place than the paved parking or loading areas provided in accordance with the following, and each owner shall be responsible for compliance by its employees and visitors.
2. Location Off-street parking areas shall be located at least twenty-five (25) feet from a public street and at least five (5) feet from a building or property line. No more than fifty percent (50%) of the required front yard may be used for parking.
3. Paving All driveways and parking areas shall be constructed with a hard surface pavement and shall include adequate drainage facilities to dispose of all storm water.
4. Off-street parking areas shall be used for the parking of passenger vehicles incident to the business conducted on the property. No commercial repair work or any services of any kind shall be conducted on such parking areas.

Parking in relation to personnel:

• 1 space for each 1.5 employees including personnel on the next succeeding shift.
• 1 space for each managerial employee.
• 1 visitor space for each twenty (20) employees, each space ten (10) feet wide.

1. Lighting Area lighting shall be arranged so that the direct source of lighting is away from adjacent streets and residential districts.

(j) Loading and Unloading For each industry, at least one (1) loading and unloading space shall be provided. Loading and unloading space shall be located in other than the front yard.

(k) Construction and Appearance

1. All buildings constructed in the Park shall conform to the standards specified in currently applicable city building code(s) as enforced by the City and to the health and zoning regulations of such other public agencies as may have jurisdiction.
2. All buildings in the Park shall be constructed of materials presenting an appearance which will establish and maintain a high level of aesthetic quality in the visual environment.

   [a]. Suitable materials include masonry; concrete; preassembled and site assembled masonry and concrete systems; composite metal panel systems; plaster, stucco and similar finish materials; heavy timber construction; and other materials deemed suitable by the City.

   [b]. All buildings shall be subject to review and approval by the Board for compatibility of the scale, color, and texture of materials with other buildings in the Park.

3. Utility Easements All dedicated utility easements as shown on the plat shall be kept free of all structures, and the removal of any obstruction by a utility company shall in no way obligate the utility company for damages or to restore the obstruction to its original form.

5. PERFORMANCE STANDARDS All of the following minimum standards must be complied with:

(a) Discharges, Noise and Vibration All fire and explosion hazards; radioactivity; smoke, fumes, gases, dust, and odors; vibration; noise; and liquid or solid wastes will meet all regulations administered by OSHA, as well as other state and federal regulations.

(b) Site Drainage No driveways, walks, parking areas, etc., may be constructed across any drainage ditch, channel or swale without providing adequate culverts or waterway openings for natural drainage. Such culverts, etc., shall provide the minimum waterway opening and shall be at the proper gradient as established in the City. No rain or storm water runoff or such drainage as roof water, street pavement and surface water caused by natural precipitation or ground water from footing or foundation drains or other subsurface water drainage shall at any time be discharged into or permitted to flow into the sanitary sewer system, which shall be a separate sewer system from the storm water and surface water runoff sewer system. No sanitary sewer shall at any time be discharged or permitted to flow into the above-mentioned storm water, surface and subsurface system.

6. SIGNS Signs are permitted in the Park as hereinafter regulated, provided that no sign shall be permitted which is not accessory to the business conducted on the property, and then only if the following requirements are complied with:

(a) Business signs may be erected providing the sum area of all signs does not exceed two (2) square feet per foot of building(s) frontage. The total area of business signs shall not exceed 100 square feet. Such signs shall be attached to the principal building and shall not extend more than five (5) feet above the roof line.

(b) In addition to building signs, each separate lot may have one (1) freestanding nameplate sign which is accessory to the business conducted on the premises. Any freestanding nameplate sign as permitted by this section must meet all of the following requirements:

1. Except for a sign at any entry point to the Park, the height of a sign shall not exceed four (4) feet.
2. No freestanding nameplate sign shall be nearer than five (5) feet from an abutting street right-of-way or property line.
3. Except for a sign at any entry point to the Park, the area of a sign shall not exceed nine (9) square feet.
4. In the event there is more than one (1) tenant in the business building, each tenant is entitled to one (1) nameplate sign attached to the freestanding sign provided. However, each nameplate sign shall be of uniform dimensions and lettering, and no nameplate sign shall exceed nine (9) square feet in area.

(c) No sign shall be lighted by means of flashing or intermittent illumination.

(d) Obstruction of Vision On a corner lot, within the triangular area formed by the centerlines of each street at distance of ninety (90) feet from the centerline of the intersection, there shall be no sign, bush, or other obstruction of vision in excess of three (3) feet in height above the centerlines of the pavements at these points.

7. SITE PLAN APPROVAL Prior to construction or alteration of any building or improvement on a building lot, two (2) sets of site plans and specifications for such building or alteration shall be submitted to the City and written approval of such plan by the City shall be proof of compliance with these restrictions; provided, however, that if the City fails to approve or disapprove such plans and specifications within thirty (30) days after such plans have been submitted to it, such approval shall not be required. Site plans shall contain the following information:

(a) The site plans shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet and shall show the following:

1. All lot line dimensions.
2. Building setback, side-line and rear-yard distances.
3. Location of all proposed building.
4. Location of off-street parking areas with dimensions showing parking spaces, access drives, traffic circulation and the location and description of any lighting in connection with the parking area. This includes the location and dimensions of all loading and unloading docks and area.
5. Location and description of all proposed signs.
6. Type of surface paving and curbing.
7. Storm drainage facilities and means of disposal of storm water.
8. All landscaping, fences, walls, or similar facilities to be provided.
9. The location of all structures within 300 feet of the property.
10. The specific types of materials to be used in construction.

(b) If the site plan is rejected by the City, the applicant shall remedy any and all elements in the plan prior to further consideration.

8. SUBDIVIDING All unoccupied lots indicated on the master plan for the Park are unrecorded and can be modified to suit the requirements of the tenant.

9. RECAPTURE If, after the expiration of one (1) year from the date of execution of a sales contract agreement on any part, parcel, tract, tracts, or lot, any purchaser shall not have begun in good faith the construction of any acceptable building upon said part, parcel, tract, tracts, or lot, the City retains the option to refund the purchase price and enter into possession of the land or may extend in writing the time in which such building may be begun.

10. RESALE RIGHTS Each owner of property subject to these restrictions agrees that if it receives a bona fide offer to buy any unimproved property located within this Park, it will, before consummating such sale, present to the City in affidavit form the terms and conditions of such proposed sales; and the City reserves the right to purchase said property within thirty (30) days thereafter upon the same terms and conditions as may be contained in such bona fide offer made to the purchaser by any third party.

11. TERMINATION All conditions, limitations, and easements herein shall terminate and be of no further force or effect on January 1, 2010, provided that at any time the owners of a majority of the acreage in said Park, exclusive of roadways, may be written declaration signed by them and recorded in the Deed Records of Escambia County, Alabama, alter, amend or extend such restrictions, conditions, and covenants, and this right to so alter, amend or extend shall exist as long as the then owners of a majority of the acreage, exclusive of roadway, in said Park desire. The mere lapse of time shall not affect or alter the application of this section.

12. ENFORCEMENT & INVALIDATION The City or any of its grantees or lessees in the Park may enforce these covenants by injunctive process or may utilize any other available legal remedy in these premises. Invalidation of any of these protective covenants by legal process in no way affects any of the other covenants which shall remain in full force and effect.