This chapter shall be known as the "Zoning Ordinance of Alabaster, Alabama," and the map herein referred to, identified by the title "Zoning Map of Alabaster, Alabama," shall be further identified by the signature of the mayor and attested by the city clerk. The zoning map is hereby adopted and made a part of this chapter. Said zoning map shall zone only territory within the city. Such map is filed with the clerk at the time of the introduction of the ordinance from which this chapter is derived, will remain on file in the office of said clerk and, upon the adoption of the ordinance from which this chapter is derived, said map will show, by endorsement thereon, the date of such adoption.

(Code 2005, § 122-1; Ord. No. 99-010, art. I, 9-21-1999)

The fundamental purpose of this chapter is:

(1)

To promote the public health, safety, morals and general welfare;

(2)

To provide for orderly development and growth;

(3)

To avoid congestion on the public roads and streets; and

(4)

To conserve life, property and natural resources and the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties, for the general good and benefit to the people.

(Code 2005, § 122-2; Ord. No. 99-010, art. II, § 1.0, 9-21-1999)

For the purpose hereinafter stated, the city is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability or use, which are deemed most suitable to provide for the best general civic use, protect the common rights and interests within each district, preserve the general rights and interests of all, and by further regulations, to limit the location, use and occupancy of buildings, structures and land to be used for trade, industry, residence or other structures, including the ratio of lot occupancy and coverage, street setback lines, sizes of yards and other open spaces.

(Code 2005, § 122-3; Ord. No. 99-010, art. II, § 2.0, 9-21-1999)

In order to classify, regulate and restrict the location of buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of the land area, and to regulate and determine the areas of open spaces within and surrounding such buildings, the city is hereby divided into the following zoning districts:

(1)

A Agriculture District.

(2)

Residential districts.

a.

E Single-Family Estate Residential District.

b.

R-1 Single-Family Residential District.

c.

R-2 Single-Family Residential District.

d.

R-3 Single-Family Residential District.

e.

R-4 Residential Patio/Garden Home District.

f.

R-5 Two-Family Residential District.

g.

R-6 Multifamily District.

h.

R-7 Townhouse District.

i.

R-8 Manufactured and Mobile Home Residential District.

(3)

I Institution District.

(4)

Commercial districts.

a.

B-1 Office District.

b.

B-2 Neighborhood Business District.

c.

B-3 Community Business District.

d.

B-4 General Business District.

e.

B-5 Central Business District.

(5)

Industrial districts.

a.

M-1 Light Industrial District.

b.

M-2 Heavy Industrial District.

(6)

PDD Planned Development District.

(7)

MHD Manufactured and Mobile Home Park and Subdivision District.

(8)

MR Municipal Reserve District.

(9)

MXD Mixed Use District.

(Code 2005, § 122-4; Ord. No. 99-010, art. II, § 2.1, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

The boundaries of the districts are as shown on the map which shall be known as the "Alabaster Zoning Map." Unless otherwise shown on said zoning map, the boundaries of districts are lot lines, the centerlines of streets or alleys or such lines extended, railroad right-of-way lines, or the corporate limit lines as they existed at the time of enactment of the ordinance from which this chapter is derived.

(Code 2005, § 122-5; Ord. No. 99-010, art. II, § 2.2, 9-21-1999)

The building official shall make an interpretation of the zoning map upon the request of any person. Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

(1)

Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines shall be construed to lie along such boundaries.

(2)

In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on such map.

(3)

Where boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets or to the centerlines or alley lines of alleys or to the centerlines or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the map.

(Code 2005, § 122-6; Ord. No. 99-010, art. II, § 2.3, 9-21-1999)

The provisions of this chapter shall be administered and enforced by the building official. The building official shall have the right to enter upon any premises at any reasonable time prior to the issuance of a certificate of occupancy or occupancy of the dwelling for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.

(Code 2005, § 122-7; Ord. No. 99-010, art. III, § 1.0, 9-21-1999)

(a)

It shall be unlawful to commence the construction of any building or other structure, including accessory structures and signs, or to store building materials or erect temporary field offices, or to commence the moving, alteration or repair of any structure, including accessory structures, until the building official has issued a building permit for such work, including a statement that the plans, specifications and intended use of such structure in all respects conforms with the provisions of this chapter.

(b)

Application for a building permit shall be made to the building official on forms provided for that purpose. Building permits shall not be required for any construction or alteration, the cost of which is less than $1,000.00.

(c)

Every building permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced.

(Code 2005, § 122-8; Ord. No. 99-010, art. III, § 1.1, 9-21-1999)

(a)

Review. It shall be unlawful for the building official to approve any plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. Said plan shall include:

(1)

The actual shape, proportion and dimensions of the lot.

(2)

The shape, size, use and location of all buildings, signs or other structures to be erected, altered or moved and of any buildings or other structures already on the lot, both above and below existing grade.

(3)

The existing and proposed facilities for the disposal of stormwater drainage.

(4)

The setback and side lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining conformance with the provisions of this chapter.

(5)

Written certification from the appropriate county department regarding the adequacy of sanitary sewage disposal for the site.

(6)

For every application for the use of land under and by virtue of the provisions of this chapter, a plan showing the location of necessary fire hydrants, with adequate fire flow. In addition thereto, the applicant shall submit a written agreement between the applicant and the city water department, which agreement shall specify that the applicant shall assume the responsibility for purchasing and having installed such fire hydrants as required by the fire department.

(b)

Commercially structured buildings. In the event such application requests such a permit for the construction of a facility that requires approval by the state building commission, the applicant shall furnish to the building official a written certification from the applicant's architect affirming that the plans have been approved by said commission.

(c)

Approval. If the proposed construction, moving or alteration, as set forth in the application, are in conformity with the provisions of this chapter and other applicable regulations, the building official shall issue a building permit accordingly.

(d)

Denial. The building official shall notify the applicant, in writing, that his building permit has been denied and said notification shall state the reasons for denial.

(Code 2005, § 122-9; Ord. No. 99-010, art. III, § 1.2, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

No land or building or other structure or part thereof erected, moved or altered in its use after the effective date of the ordinance from which this chapter is derived shall be used or occupied, including an increase in the number of dwellings, until the building official shall have issued a certificate of occupancy.

(Code 2005, § 122-10; Ord. No. 99-010, art. III, § 1.3, 9-21-1999)

Any permit under which no construction work has been done above the foundation wall or other foundation support within six months from the date of issuance shall expire by limitation, but shall upon reapplication be renewable; subject, however, to the provisions of all ordinances in force at the time of said renewal and any renewal fees that may be required by the city. In no event shall any permit be renewed more than one time.

(Code 2005, § 122-11; Ord. No. 99-010, art. III, § 1.4, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

Any uses of lands or dwellings, or construction or alteration of buildings, or structures erected, altered, razed or converted in violation of any of the provisions of this chapter, are hereby declared to be a nuisance per se. The building official is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use of a structure. Whenever the building official has declared a structure to be not conforming with the provisions of this chapter, the owner or occupant shall, within 72 hours from the issuance of a notice from the building official to vacate such premises, accomplish such vacation of such structure or premises, which shall not again be used or occupied until such structure or premises has been adapted to conform to the provisions of this chapter.

(Code 2005, § 122-12; Ord. No. 99-010, art. III, § 1.5, 9-21-1999)

(a)

Requests by owner. Any proposed change of the zoning district boundaries, including initial pre-zoning of property to be annexed, or of the regulations as they pertain to a piece of property may be initiated at the request of the owner of the property to be rezoned or his authorized agents by the following procedure:

(1)

The applicant shall submit a complete zoning amendment application to the zoning administrator at least 18 business days prior to the planning and zoning commission meeting at which the amendment is to be considered containing, at a minimum, the following:

a.

A $200.00 fee to defray the cost of processing the application, together with an estimated cost to the city of advertising the proposed zoning ordinance amendment, the final cost of which shall be borne by the applicant. In the event the proposed zoning ordinance is not advertised, the estimated advertising cost paid to the city shall be refunded. No zoning amendment shall be finally effective until all advertising costs are paid by the applicant unless otherwise waived by the city council by resolution.

b.

A vicinity map, drawn to scale, showing the exact location of the subject property in relation to the vicinity in which it is located.

c.

A site development plan, drawn to a scale sufficient to indicate:

1.

Property lines, rights-of-way and easements.

2.

Location and dimensions of all existing and proposed improvements.

3.

Points of ingress and egress to the property.

4.

Direction of stormwater flow and method of handling the same.

d.

A written statement indicating:

1.

Reason for the rezoning request.

2.

Expected traffic volumes to be generated by the proposal, if applicable.

3.

Availability of required utilities.

4.

Relationship of the proposed rezoning to the land use pattern of the vicinity.

5.

Legal description of the proposed rezoning site.

e.

Landscaping and buffer plan, if applicable.

f.

Legal description and a boundary survey of the subject property, certified by a land surveyor registered in the state.

(b)

Initiation by city. The city may initiate zoning amendments. In such case, the city shall, in accordance with state law, initiate public hearings for the consideration of any proposed amendment to the provisions of this chapter and/or the zoning map.

(Code 2005, § 122-13; Ord. No. 99-010, art. III, § 2.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005; Ord. No. 1602716-029, § 1, 6-27-2016; Ord. No. 161024-032, § 1, 10-24-2016; Ord. No. 190122-81, § 1, 1-22-2019)

(a)

Powers. The board of zoning adjustment shall have only those powers specifically enumerated in Code of Ala. 1975, § 11-52-80, which are:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto;

(2)

To hear and decide special exceptions to the terms of this chapter upon which such board is required to pass under this chapter; and

(3)

To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

(b)

Administrative appeals.

(1)

Appeals to the board of zoning adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official. Such appeal shall be taken within 30 days of the administrative decision which is the subject of the appeal. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(2)

The applicant shall submit a complete administrative appeal application, including a nonrefundable application fee of $100.00, to the building official, at least 14 days prior to the board of zoning adjustment meeting at which the appeal is to be considered.

(3)

A minimum of seven days prior to the board of zoning adjustment meeting at which the appeal is initially considered, the building official shall mail notification to all owners of adjacent property as their names appear on the plats of the tax assessor. The notice shall state:

a.

The location of the property which is the subject of the appeal (by mailing address and legal description).

b.

The nature of the administrative appeal.

c.

The time, date and location of the board of zoning adjustment meeting at which the administrative appeal is to be considered.

(4)

The board of zoning adjustment shall schedule a hearing on the appeal at the first regularly scheduled meeting after compliance with notice provisions as set forth herein.

(c)

Special exception uses. Requests for special exception uses as stipulated within the zoning district regulations are permitted only after approval by the board of zoning adjustment. When a special exception request is received by the city, the following procedure shall be followed:

(1)

The applicant shall submit a complete special exception application to the building official, at least 18 days prior to the board of zoning adjustment meeting at which the request is to be considered, containing, as a minimum, the following:

a.

A nonrefundable application fee of $100.00 to defray the cost of processing the application.

b.

A vicinity map, drawn to scale, showing the exact location of the subject property in relation to the vicinity in which it is located.

c.

A site development plan, drawn to a scale, which shows the following:

1.

Property lines, rights-of-way and easements.

2.

Location and dimensions of all existing and proposed improvements, buildings and structures.

3.

Exterior lighting and signs.

4.

Buffers and fences.

5.

Outside storage areas.

6.

Parking and loading areas.

7.

Points of ingress and egress to the property.

8.

Direction of stormwater flow and method of handling the same.

d.

A written statement indicating:

1.

Expected traffic volumes to be generated by the proposal.

2.

Availability of required utilities.

3.

Relationship of the proposed special exception to the land use pattern of the vicinity.

4.

Legal description of the proposed special exception site.

5.

Landscaping and buffer plan, if applicable.

(2)

A minimum of 14 days prior to the board of zoning adjustment meeting at which the special exception request is initially considered, the building official shall mail notification to all owners of adjacent property as their names appear on the plats of the tax assessor. The notice shall state:

a.

The location of the special exception request (by mailing address and legal description).

b.

The nature of the special exception request (indicating the current zoning of the site and the proposed use).

c.

The time, date and location of the board of zoning adjustment meeting at which the special exception request is to be considered.

(3)

The board of zoning adjustment shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with notice provisions as set forth herein.

(d)

Variances.

(1)

A variance to the requirements of this chapter must be approved by the board of zoning adjustment at a public hearing as stipulated herein.

(2)

The applicant shall submit a complete variance application to the building official at least 14 days prior to the board of zoning adjustment meeting at which the request is to be considered, containing, as a minimum, the following:

a.

A nonrefundable application fee of $100.00 to defray the cost of processing the application.

b.

A vicinity map, drawn to scale, showing the exact location of the subject property in relation to the vicinity in which it is located.

c.

A site development plan, drawn to a scale no larger than one inch equals 50 feet, which shows the following:

1.

Property lines, rights-of-way and easements.

2.

The location, dimensions and building setback for all existing and proposed buildings and structures on the site and adjacent to the site.

3.

All dimensions of the building, structure or area which is the subject of the variance request.

(3)

A minimum of seven days prior to the board of zoning adjustment meeting at which the variance is initially considered, the building official shall mail notification to all owners of adjacent property as their names appear on the plats of the tax assessor. The notice shall state:

a.

The location of the variance (by mailing address and legal description).

b.

The nature of the variance.

c.

The time, date and location of the board of zoning adjustment meeting at which the variance is to be considered.

(4)

The board of zoning adjustment shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with notice provisions as set forth herein.

(5)

A variance shall expire if a building permit is not issued pursuant thereto, within 12 months after the date of approval by the board of adjustment. Upon expiration, the applicant may reapply, subject to the provisions of all ordinances in effect at the time of reapplication and to all fees that may be required by the city.

(e)

Rules of procedure. The board of zoning adjustment shall adopt rules of procedure which govern the application process, conduct of meetings and hearings, election of officers and other subjects deemed appropriate by the board.

(f)

Appeals from decisions. Any party aggrieved by any final judgment or decision of the board of zoning adjustment may, within 15 days thereafter, appeal therefrom to the circuit court by filing with such board a written notice of appeal, specifying the judgment or decision from which the appeal is taken. An appellant shall be required to pay a filing fee in the circuit court at the time that a notice of appeal is filed with that court. The board shall cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken, and the case in such court shall be tried de novo. Said transcript shall consist of the minutes of the proceeding, together with true and correct copies of all exhibits, documents or other evidence presented for consideration by the board.

(Code 2005, § 122-14; Ord. No. 99-010, art. III, § 3.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005; Ord. No. 06-Z02, 1-3-2006)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure which is normally incidental to, subordinate to and related exclusively to the principal use of the premises.

Accessory use means a use normally incidental to and subordinate to and related exclusively to the principal use of the premises.

Alley means a public thoroughfare or way which affords a secondary means of access to abutting property.

Alter and alteration mean any change or modification in construction or occupancy of a building or premises.

Assisted living facility means a licensed facility in which room, board, meals, laundry and assistance with personal care and other services are provided for not less than 24 hours in any week to a minimum of two ambulatory adults not related by blood or marriage to the owner and/or administrator.

Automobile repair, major, means body shops, engine overhauls, frame and suspension repair, hydraulic repair, radiator rebuilding, spray painting and sand blasting of vehicles or equipment.

Automobile repair, minor, means battery, brake, electrical system repair, front-end alignment, muffler, oil change, tire and tune-up shops.

Basement means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.

Bed and breakfast means a single-family, owner-occupied dwelling, wherein a fee is charged to provide more than two bedrooms as overnight accommodations for guests and where meals may be served to overnight guests, but meals are not served to the nonresident general public.

Billboard means an off-premises sign on which advertising space is leased or rented for compensation.

Block means all land fronting on one side of a street between the nearest intersecting streets, roads, railroad rights-of-way and waterways meeting or crossing the aforesaid street and bounding such land.

Buffer means an area planted with live vegetation, as required by this chapter, intended to separate incompatible land uses and thereby mitigate the effects of the incompatibility.

Building means a structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.

Building area means that portion of a lot or parcel covered by a building.

Building face or wall means all window and wall areas of a building in one plane or elevation.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the decked line for mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.

Building official means any official charged with the administration of this zoning chapter.

Building, principal, means a permanent building in which is conducted or is intended to be conducted the principal use of the lot on which said building is located. The principal building shall be a permanent building which has a roof supported by columns or walls, with walls constructed of wood, metal, glass, brick or masonry materials, which completely encloses the principal building area. A principal building shall not be a mobile building.

Building setback lines means lines which parallel property lines and determine the location of the building setback with respect to the street and other property lines.

Carport means an accessory structure attached to a principal building, having a roof with one or more open sides and intended for the sheltering of motor vehicles.

Community living facility means any publicly or privately owned or operated residential dwelling offering individual rental leases for rooms in that dwelling unit to more than one tenants who are not related by blood (within three degrees of consanguinity) or marriage to the owner or operator or to the spouse of the owner or operator of the dwelling, whereby those tenants pay the owner/operator valuable compensation to occupy a room or a portion of a residential residence. Such facilities are commonly referred to as boarding houses or rooming houses. However, assisted living facilities, nursing homes, hotels, motels, apartments, dormitories, fraternity, and sorority homes associated with colleges and/or universities, professionally staffed facilities certified by the Alabama Department of Mental Health under Code of Ala. 1975, § 22-50-11 or similar programs designed to provide residential services to mentally ill, intellectually disabled, clients with substance use disorders, or other disabled persons or foster care are exempt from this definition.

Convenience store/market means a retail business that sells snacks, grocery items, health and beauty aids, off-premises beer and wine and gasoline. Automobile repair and the sale of liquor are not permitted.

Copy area means the area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. The term "copy" includes text, emblems, logos, pictures, insignias and other graphic displays intended to inform, identify or attract attention to the premises.

Cul-de-sac means a circular terminus of a dead-end street having a minimum right-of-way radius of 50 feet.

Day care center means any child or adult care facility receiving more than six people for care during part of the day that is not located in a dwelling. The term "day care center" does not include programs operated as part of public or private schools; programs operated on federal governmental premises; and special activities programs such as athletics, crafts and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.

Day care home means any child or adult care facility which receives not more than six people for care during part of the day, located within an owner-occupied, single-family detached dwelling.

Diameter at breast height (DBH) means a measure of tree size, and is a tree trunk diameter measured in inches at a height of 4.5 feet above the ground.

Directional sign means any sign which serves solely to designate the location or direction of any place or area.

Dripline means a vertical line extending from the outer surface of a tree's branch tips down to the ground.

Drive-in theater means a theater designed for the patron to view a performance while being seated in a vehicle.

Dwelling means any building or portion thereof which is designed or used exclusively for residential occupancy.

Dwelling, multiple, means a building situated on one lot or parcel which contains more than two dwelling units.

Dwelling, single-family, means a dwelling unit, other than a manufactured or mobile home, which is not attached to any other dwelling by any means.

Dwelling, two-family, means a building situated on one lot or parcel which contains two dwelling units.

Dwelling unit means one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Entrance wall means a freestanding masonry structure, located on private property, the sole purpose of which is to highlight or emphasize the appearance and location of a private driveway entrance from a public road.

Erect means to construct, including building, reconstruction, alteration, moved upon or any similar physical operations on the premises. Excavation, earthwork, fill, drainage work, utilities installations and other work as it relates to the construction or use of a building or structure shall be considered within the meaning of the term "erect."

Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit, all but two of whom are related to each other by birth, adoption or marriage. Notwithstanding such definition, the term "family" shall be deemed to include up to three unrelated persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if any one or more of said three unrelated occupants is handicapped as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments of 1988, 42 USC 3601 et seq., and the Alabama Fair Housing Law, Code of Ala. 1975, § 24-8-1 et seq. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first sentence of this definition.

Fence means a structure intended for a barrier or enclosure.

First floor, residential, means the lowest floor surface of that portion of a structure defined as a story.

Floor area, livable, for all residential uses, means the area of the first floor plus the area of the floors next above, and the area under a sloping roof having a minimum ceiling height of five feet. Livable floor area is measured as gross floor area less the thickness of exterior finishes. Garage floor area, basements, decks, porches, patios, terraces and carport floor area and other nonheated areas are not included as livable floor area.

Floor area, nonresidential, means the gross floor area, including the basement, of any structure.

Four-sided architecture. Four-sided architecture involves a process during the building design phase of incorporating design elements into each of the four sides of the building while pairing economic feasibility with sustainable design. Design elements on all sides of a building are compatible with the front elevation and/or the adjacent buildings. Architectural elements such as, but not limited to, windows, shutters, masonry exterior veneers, and cornice detailing and window casing should demonstrate consistency on all four sides of the structure. This eliminates "brick front" or "three-sides brick" architecture and addresses the design and detailing of a building as opposed to the exterior finish material. (The horizontal transition of materials should be done at corners only and preferably should be incorporated on all elevations to reinforce the equal importance of the sides and rear.

Garage, private, means a garage for which the principal use is storage of privately owned vehicles and is an accessory use on the lot.

Garage, public, means any garage for which compensation is received for the parking of vehicles.

Gasoline service station means any building, structure or land at which the sale of combustible and flammable fuels is the principal use.

Group day care home means any child or adult care facility which receives at least seven but no more than 12 people, for care during part of the day, where there are at least two adults present and supervising the activities, located within an owner-occupied, single-family detached dwelling.

Group home means a dwelling which is occupied by persons who collectively do not comply the definition of the term "family."

High-traffic corridor means land adjoining a public street or highway with a traffic volume equal to or exceeding 10,000 vehicles per day.

Home occupation means a use conducted entirely within an enclosed dwelling, which except for a group day care home, employs only the inhabitants thereof, and complies with the standards set forth in section 111-124.

Hospital means a public or proprietary institution providing medical diagnosis, treatment or other care of human ailments, operating under a license by the state health department, and which, unless otherwise specified, shall be deemed to include institutions primarily for the treatment of contagious diseases and the insane or feeble minded, but not including nursing homes.

Hotel means a facility offering transient lodging accommodations to the general public, where the rooms are accessed from the interior of the building, and providing additional services such as dining, meeting rooms and recreation facilities.

Independent living facility means multifamily dwellings, restricted to occupancy by persons 62 years of age and older, which may provide common facilities and services, but which are not defined as an assisted living facility.

Indirectly illuminated sign means a sign which is illuminated by a light source which is external to the sign cabinet or structure.

Industrial park means a tract of industrial land subdivided into at least two parcels, each of which have frontage on a public street.

Inn means an establishment which is located in a building which was originally designed and used as a single-family dwelling, wherein a fee is charged to provide overnight accommodations for guests.

Internally illuminated sign means a sign which is illuminated by a light source which is behind the sign face.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvaging, storage, baling, disposal or other use or disposition, including, but not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any area, lot, land, parcel, building or structure, or portion thereof, used for the storage, collection, processing, purchase, sale or abandonment of junk.

Kennel, indoor, means a building in which five or more domestic animals are permanently or temporarily boarded, groomed, trained or treated, for compensation.

Kennel, outdoor, means a premises where five or more domestic animals are permanently or temporarily boarded, groomed, trained or treated, for compensation, outside of a building.

Land area means property which is not water surface area.

Live entertainment means any activity performed by persons for the entertainment of patrons on the premises of establishments dispensing alcoholic beverages.

Loading space means a space having a minimum dimension of 12 feet by 35 feet and a vertical clearance of at least 14 feet within the main building or on the same lot, providing for the standing, loading or unloading of trucks.

Lot means a parcel of land intended for transfer of ownership or for building development, which shall be comprised of land area or a combination of land area and water surface area which complies with the area and dimensional regulations of the zoning district in which it is located. Each lot shall be comprised of land area in an amount equal to or greater than the minimum lot area required in the zoning district in which it is located. Said land area shall be contiguous and have principal frontage upon a public street. (See section 111-38(2)e.)

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot line, front, means, in the case of a lot line abutting upon one street, the lot line separating such lot from such a street. On corner lots and through lots, the front lot line shall be considered as parallel to the streets upon which the lot is located.

Lot line, rear, means the lot line opposite the front line, except in the case of a through lot. In case of a lot terminating at a point at the rear of the lot, or having a rear lot line less than ten feet long, the rear lot line shall be considered a line parallel to the front lot line, having a length not less than ten feet long.

Lot line, side, means any lot line other than the front lot line or rear lot line.

Lot lines means the lines bounding a lot.

Lot of record means a legally platted lot shown on the records in the office of the judge of probate.

Lot, through, means a lot which abuts two parallel or approximately parallel streets.

Lot width means the width of the lot measured at the minimum required building setback line.

Manufactured home means a structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq. The definition, at the date of adoption of the ordinance from which this chapter is derived, is as follows: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected with required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, except that such term shall include any structure which meets all of the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.

Mezzanine means an intermediate or fractional story between the floor and ceiling or a main story occupying not more than one-third of the floor area of such main story.

Minimum residential exterior design standard shall mean that each home constructed on a lot whose final plat is dated after July 31, 2023, must meet the minimum exterior design standards as follows:

(1)

Four-sided architecture and materials, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior facades of all buildings may include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding shall be used.

(2)

Design features, standards, and requirements incorporated in the homes shall be as follows:

a.

Mixture of materials with material changes taking place on the interior corners or where roof massing accommodates the change of materials.

b.

Windows appropriate to the style of the home on all four sides of the residence.

c.

Shutters deemed appropriate on front, and side (if visible from roads), elevations of the homes.

d.

Mixture of the materials to continue, as appropriate onto the side and rear elevations.

e.

There shall be a maximum of 20 feet horizontally and vertically between architectural elements (windows, false shutters, change of material, etc.). This will eliminate large expanses of a single material without a break and add architectural interest to the elevations.

Mobile building means a building used for nonresidential purposes, which is transportable in one or more sections, is built on a permanent chassis, and is designed to be occupied and used with or without a permanent foundation.

Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, and which does not meet the standards required of a manufactured home herein.

Mobile home or manufactured home park means a lot or parcel which contains more than one mobile home or manufactured home used as living quarters, or a lot or parcel containing more than one space designed or intended for parking of mobile homes or manufactured homes to be used as living quarters.

Modular home means a single-family dwelling, factory fabricated and transportable as a building, consisting of units designed to be incorporated at a building site, on a permanent foundation, into a permanent structure to be used for residential purposes and which bears a seal of compliance with the regulations of the state manufactured housing commission.

Motel means a facility offering transient lodging accommodations to the general public, where most of the rooms have separate and direct access to the outside, and which may provide additional services such as dining, meeting rooms and recreation.

Nonconforming use means the use of any building, structure or land which was lawful at the time of the passage of the ordinance from which this chapter is derived, or amendment thereto, but which use does not conform, after the passage of the ordinance from which this chapter is derived, or amendment thereto, with the use regulations of the district in which it is located.

Nursing home means a licensed facility providing inpatient care for convalescents or other persons not acutely ill and not in need of acute general hospital care, but do require skilled nursing care.

Office means space or rooms for professional, administrative, clerical and similar uses.

Parking area means space which is surfaced by either bituminous pavement or concrete, used or intended to be used exclusively for the off-street parking of vehicles.

Parking space means an area surfaced by either bituminous pavement or concrete, which is at least nine feet wide and 20 feet long.

Premises means a lot or parcel, together with all buildings and structures existing thereon, except that, in the case of leased space in a multiple-tenant building, the premises shall be the subject leased space.

Public utility means any person, firm, corporation, municipal department or board, duly authorized to furnish, and furnishing under regulations, to the public, electricity, gas, steam, wired telephone, telegraph, water or sewer service.

Restaurant means an establishment where food is cooked, patrons dine on or off the premises and where there is no drive-up or walk-up window service or service to customers in their vehicles.

Restaurant, drive-up, means an establishment where food is cooked or prepared, and where there is drive-up or walk-up window service, or service to customers in their vehicles.

Roadway means the paved portion of a public thoroughfare designed for and used by vehicular traffic.

Roofline means the top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

Seasonal business means a business which is operated, due to its nature, on a seasonal basis, including, but not limited to, fruit or vegetable stands, Christmas tree sales, and income tax preparation.

Self-service storage, limited access, means a self-service storage facility with limited access points from the exterior of the building to interior halls that provide the only access to individual storage units.

Self-service storage, multiaccess, means a self-service storage facility with access points from the exterior of the building to individual storage units.

Shopping center means a group of commercial retail establishments (as permitted in the district) located on a lot of five or more acres, planned and developed in a unified design with shared parking and driveway facilities, and under common management authority.

Sidewalk means the paved portion of a public right-of-way designed for use by pedestrians in conformity with the requirements of the subdivision regulations (see appendix A).

Sign means a name, identification, image, description, display or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property.

Sign, animated, means any sign with irregular intensity of illumination or movement, whether mechanical or electrical.

Sign, attached, means any sign which is permanently fastened, attached or supported by a building or structure which is permanently attached to the ground. All attached signs and supporting structures shall conform to building codes adopted by the city.

Sign, building wall, means a sign attached to the front or side exterior wall of a building, which shall not project more than 12 inches from the wall, nor above the top of the building wall. Said signs may be attached to, but not above, a mansard roof or parapet wall.

Sign, canopy, means a sign painted or otherwise depicted upon a canopy.

Sign, directional means a temporary sign intended to direct traffic to a noncommercial event or gathering.

Sign, electrical, means any sign containing electrical wiring which is attached or equipped to be attached to an electrical energy source.

Sign, electronic message center (EMC) means a computer programmable sign capable of displaying words, symbols, figures, or picture images that can be altered or rearranged from a remote location without altering the face or surface of the sign, subject to the requirements of section 111-235.

Sign face area means the sign face area of a building wall sign or other sign with only one sign face, which shall be computed by means of the smallest geometric figure that encompasses the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The sign face area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are not more than 42 inches apart, with a horizontal angle no greater than 30 degrees, the sign area shall be computed by the measurement of one of the sign faces.

Sign, flashing, means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source. Public service time and temperature signs are not classified as flashing signs.

Sign, freestanding, means any sign erected on a freestanding frame, foundation, mast or pole and not attached to a building.

Sign, marquee, means a sign which is permanently attached to and projects above a marquee. The sign shall be at least nine feet at its lowest level from the sidewalk and shall extend not more than within 18 inches of the curbline. For the purpose of sign regulation, the term "marquee" means a permanent roof projecting beyond the front wall of a building, designed to provide protection from the weather.

Sign, off-premises, means a sign which advertises or directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business which is not located on the same lot or parcel as the sign.

Sign, portable, means any sign not permanently attached to the ground or a building.

Sign structure includes the entire sign, its supporting devices, source of illumination and copy area. However, with regard to internally illuminated signs in which the copy area is depicted on a sign face which is designed to be removed from the sign cabinet for maintenance, repair or change of copy, the sign structure shall not include the sign face or source of illumination.

Sign, wall means any sign directly attached to an exterior wall or exterior parapet of a building or dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure on which the sign is affixed. Signs directly painted on walls shall be considered wall signs.

Story means that part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. The term "story" thus defined shall not be counted as a story when more than 50 percent, by cubic content, is below the height level of the adjoining ground.

Street means a public thoroughfare which affords a principal means of access to abutting property and which has been accepted by the city as a public street.

Structure means any construction or production of a piece of work artificially built up or composed of parts joined together in some definite manner.

Tourist home means a single-family, owner-occupied dwelling, wherein a fee is charged to provide not more than two bedrooms as overnight accommodations for guests and where meals may be served to overnight guests, but meals are not served to the nonresident general public.

Townhouse means two or more dwelling units, attached by at least 20 feet of continuous common side walls, each unit of which is located on an individual lot and designed to be occupied and owned by one family.

Tree means any self-supporting woody plant, usually having a single woody trunk and a potential DBH of two inches or more and normally attaining a mature height of 25 feet.

Tree cover means the area directly beneath the crown and within the dripline of a tree.

Use means the purpose for which land or buildings and structures thereon are designed, arranged or intended to be used, occupied or maintained.

Use, temporary, means one established for a fixed period of time, with the intent to discontinue such use upon the expiration of this time. Such use does not involve the construction or alteration of any permanent structure.

Vehicle barricade means a fence or wall less than 30 inches high, located within the front yard, for the sole purpose of restraining motor vehicles from entering said yard. The vehicle barricade may not be located on the public road right-of-way.

Water surface area means property within lakes, ponds, rivers and yearround streams. The term "water surface area" shall not include property within storm drainage structures, drainageways which periodically contain water, or swimming pools and other structures which contain water.

Wholesale establishment means any establishment which exclusively sells goods in large quantities, as for resale by a retailer.

Yard means an open space that lies between the principal or accessory buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this chapter.

Yard, front, means a yard, or yards in the case of a corner lot or through lot, extending across the full width or depth of the lot between the front of the principal building and the closest lot line, and between the principal building and any public street right-of-way.

Yard, rear, means a yard extending across the full width of the lot between the rear lot line and the principal building.

Yard, side, means a yard between the side of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be, except that on a corner lot, the side yard adjacent to a street shall extend the full depth of the lot.

(Code 2005, § 122-15; Ord. No. 99-010, art. IV, 9-21-1999; Ord. No. 05-Z07, 6-6-2005; Ord. No. 161024-032, §§ 2, 3, 10-24-2016; Ord. No. 23-182, § 1, 8-14-2023; Ord. No. 24-197, § 1, 4-8-2024)

(a)

Any person, firm, corporation or other organization which violates any provision of this chapter shall be fined upon conviction not less than $1.00 nor more than $500.00 and cost of court for each offense. The minimum fine on a first offense within a 12-month period of time on a finding of guilty or a plea of guilty shall be $250.00, on a second offense within a 12-month period of time on a finding of guilty or a plea of guilty the minimum fine shall be $500.00 which first and second offenses may be resolved administratively as provided in section 1-12; provided, however, that upon the third offense and subsequent offense charged within a 12-month period the offender shall be required to appear in court and, upon a finding of guilty or a plea of guilty, the minimum fine shall be $500.00 plus court costs and/or a sentence for a definite term of imprisonment or hard labor for the city. A sentence of imprisonment or hard labor for the city may not exceed six months. A sentence to pay a fine for a violation of this chapter shall be for a definite amount, fixed by the court, and shall not exceed $500.00. The penalty imposed upon a corporation shall consist of the fine only, plus costs of court.

(b)

In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the building official or any other appropriate authority or any adjacent or neighboring property owner who would be damaged or caused hardship by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to stay or prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violation or to prevent occupancy of such building, structure or land.

(Code 2005, § 122-16; Ord. No. 99-010, art. III, §§ 1.6, 1.7, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

Any provision of this chapter to the contrary notwithstanding, the city, its departments and appointed boards, in exercising any function, power or authority, shall not be subject to the provisions of this chapter or in anywise limited thereby in the exercise of such governmental function, power or authority.

(Code 2005, § 122-17; Ord. No. 99-010, art. III, § 1.8, 9-21-1999; Ord. No. 160411-021, § 1, 4-11-2016)