Covenants for
The Brewton Industrial Park
Brewton, Alabama
Updated Feb. 23, 1993
Amended September 26,2006
1. PROPERTY AND PERSONS AFFECTED. The real property which is the
subject of these restrictions is located in Brewton, 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 Brewton, (Board), 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 Brewton Industrial Park
(Park) shall be used for 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 Board 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) Sawmill
- (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 Board 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 Board 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 Board a right to
enter the offending premises and undertake necessary maintenance at the
expense of the owner or lessee thereof. Failure to reimburse the Board 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. Trees with a diameter of ten (10) inches or more at the
breast height shall not be removed at all except for the above stated purposes.
If and when such trees are removed or substantially destroyed every effort
shall be made to provide a replacement of like species or species type of
suitable size within the landscaped portion of the site concerned. Should
the Board find any owner or lessee negligent in this regard, it may give
notice 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 Board a right to enter the premises of the offending owner
or lessee and to provide replacement of removed or damaged trees at the
expense of the owner or lessor of said premises. Failure to reimburse the
Board for these services and for any replacement plantings provided within
thirty (30) days after billing shall create a lien against the property
in question for the expenses incurred by the Board and may be collected
by appropriate court action which shall include the recovery of reasonable
costs and attorney's fees.
(h) Building Height Except as provided by specific variance granted
by the Board, the height of any building or structure shall not exceed fifty
(50) feet above ground level.
(i) Off-Street Parking
- 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.
- 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.
- 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.
- 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.
- 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
- All buildings constructed in the Park shall conform to the standards
specified in currently applicable Brewton 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.
- 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 Board.
- [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.
- 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 All Signs in the industrial park shall comply with the
Sign Ordinance for the City of Brewton, Alabama.
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
Board and written approval of such plan by the Board shall be proof of compliance
with these restrictions; provided, however, that if the Board 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:
- All lot line dimensions.
- Building setback, side-line and rear-yard distances.
- Location of all proposed building.
- 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.
- Location and description of all proposed signs.
- Type of surface paving and curbing.
- Storm drainage facilities and means of disposal of storm water.
- All landscaping, fences, walls, or similar facilities to be provided.
- The location of all structures within 300 feet of the property.
- The specific types of materials to be used in construction.
(b) If the site plan is rejected by the Board, 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 Board 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 Board in affidavit form the terms and conditions of such proposed
sales; and the Board 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. ENFORCEMENT & INVALIDATION The Board 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.
12. AMENDMENTS These covenants cannot be amended or modified unless
a proposed amendment is recommended to the Brewton City Council by the Brewton
Development Authority. No amendment shall become effective until the proposed
amendment is approved by an affirmative vote of the Brewton City Council.
Additional Sites Available
HWY 31 Entrance to Brewton Industrial Park
Acreage: +/- 2.82
Price: $175,000
HWY 31 Entrance to Brewton Industrial Park
Acreage: +/- 1.81
Price: $225,000
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