The following general regulations pertain to the administration, enforcement of and compliance with this chapter:

(1)

Application. No structure shall be constructed, erected, placed or maintained, and no land use commenced or continued within the city, except as specifically or by necessary implication authorized by this chapter. In addition, no excavation for foundations, nor any erection or structural alteration of any structure shall be undertaken prior to appropriate permits having been approved and issued by the building official.

(2)

Use restricted. Except as otherwise provided in this chapter:

a.

No land may be used except for a use permitted in the district in which it is located.

b.

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which the building is located.

c.

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations and height limit of the district in which the building is located.

d.

The minimum building lines, lot area, parking spaces, buffers and other criteria required by this chapter for each and every building existing at the time of the passage of the ordinance from which this chapter is derived or for any building hereafter erected, shall not be encroached upon or considered as a required building, parking or open space for any other building, nor shall any lot area be reduced below the requirements of this chapter.

e.

Every building hereafter erected or structurally altered shall be located on one lot and in no case shall there be more than one principal building on one lot; except in the case of multifamily dwellings; self-storage facilities; shopping centers, provided that all outparcels are a separate lot; churches, schools and similar institutional campuses, M-1 (Light Industrial District), M-2 (Heavy Industrial District) and the Mixed Use District. Accessory buildings shall not include living quarters, except for resident managers at self-storage facilities.

f.

No accessory structure shall be constructed or moved upon a lot more that 30 days prior to the beginning of construction of the principal building.

(3)

Public utilities. Public utility structures, including, but not limited to, poles, wires, crossarms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone or telegraph service, and pipelines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other utilities, may be constructed, erected, repaired, maintained or replaced in any zoning district. This is not to be construed to include the erection or construction of buildings or wireless telecommunication facilities. A six-foot chainlink fence is required around all pumping stations.

(Code 2005, § 122-51; Ord. No. 99-010, art. V, § 1.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005; Ord. No. 06-Z02, 1-3-2006)

(a)

Intent; exceptions. Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance from which this chapter is derived was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed or their use discontinued, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. The provisions of this section shall not apply to nonconforming signs, nonconforming landscaping, or nonconforming parking or vehicle areas, which are addressed articles VI, VII and VIII.

(b)

Continuance. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of the ordinance from which this chapter is derived, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following:

(1)

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided the board of zoning adjustment, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of zoning adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(c)

Restoration to safe condition. Nothing in this chapter shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities provided that such restoration does not exceed 50 percent of the structure's current replacement value.

(d)

Restoration after damage. No nonconforming building or structure which has been damaged by fire or other cause to the extent of more than 50 percent of its current replacement value at the time of such damage shall be rebuilt or restored, except in conformity with the provisions of this chapter. If a nonconforming building is damaged less than 50 percent of its current replacement value, it may be rebuilt or restored and used as before the damage, provided that such rebuilding or restoration is completed within 12 months from the date of such damage.

(e)

Abandonment. Except as provided in subsection (d) of this section, a nonconforming use which has been discontinued for a continuous period of six months shall not be reestablished and any future use shall be in conformity with the district in which it is located.

(f)

Change in use. Except as provided in subsection (b)(2) of this section, a nonconforming use shall not be changed to another nonconforming use. A nonconforming use which is changed to a conforming use shall not be permitted to revert to a nonconforming use.

(g)

Single-family dwellings. Nonconforming single-family dwellings may be enlarged, expanded, structurally altered provided all new construction or alterations conform to the dimensional requirements of the district in which it is located.

(h)

Nonconforming residential lots of record. "Nonconforming residential lot of record" means an approved residential subdivision lot approved by the planning and zoning commission that was platted and recorded prior to January 31, 2016, in the real estate records of the Office of the Probate Judge of Shelby County, and the lot no longer conforms to the minimum lot area or lot width requirements for the district in which it is located due to changes in the zoning ordinance. Structures on a nonconforming residential lot of record may be expanded or rebuilt for a permitted use, except apartments and duplexes, provided:

(1)

The lot has a minimum width of 40 feet and a minimum area of 4,000 square feet;

(2)

The lot abuts an all-weather street and has not less than 20 feet frontage;

(3)

The proposed building conforms to all yard requirements for the district;

(4)

The water supply and sewage disposal meet all health requirements; and

(5)

All original setbacks, dwelling size, and dimensional requirements are met.

(Code 2005, § 122-52; Ord. No. 99-010, art. V, § 2.0, 9-21-1999; Ord. No. 160411-021, § 2, 4-11-2016)

Any owner of land seeking annexation shall file a petition with the City of Alabaster Planning and Zoning Commission to pre-zone the property to an appropriate and compatible category in accordance with section 111-13. In determining a category, the commission shall use factors such as existing and surrounding land uses and/or districts, the comprehensive plan future land use and the desire of the owner.

(Code 2005, § 122-53; Ord. No. 99-010, art. V, § 3.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005; Ord. No. 190122-81, § 2, 1-22-2019)

Whenever any street, alley or other public way is vacated or abandoned by official action of the city, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of same and all area included therein shall then be subject to all appropriate regulations of the extended district.

(Code 2005, § 122-54; Ord. No. 99-010, art. V, § 4.0, 9-21-1999)

Where a lot of record, at the time of the effective date of the ordinance from which this chapter is derived, has less area or less width than herein required for the district in which it is located, said lot may nonetheless be used as a building site upon approval by the board of zoning adjustment. When two or more nonconforming lots exist together, with contiguous frontage and under single ownership, said lots shall be resurveyed to conform as closely as possible to the provisions of this chapter.

(Code 2005, § 122-55; Ord. No. 99-010, art. V, § 5.0, 9-21-1999)

(a)

Every part of a required yard shall be open to the sky, unobstructed by any structure or part thereof and unoccupied for storage, servicing or similar uses, except as provided herein.

(b)

More than one multiple dwelling or institutional building may be located upon a lot or tract, but such buildings shall not encroach upon the front, side and rear yards required by the district regulations.

(c)

Where 40 percent or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of five feet or less) a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

(d)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described above, then:

(1)

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the adjacent buildings; or

(2)

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(e)

Through lots shall provide the required front yard on both sides.

(f)

Corner lots shall provide a front yard on each street side.

(Code 2005, § 122-56; Ord. No. 99-010, art. V, § 6.0, 9-21-1999)

Chimneys, fire towers, steeples and public utility water storage tanks, where permitted, may be erected to any height not in conflict with existing or hereafter adopted ordinances of the city, except that, where permitted on property which is adjacent to property zoned for residential use, such structures shall be limited to a height of 25 feet above the average height of structures permitted in that district.

(Code 2005, § 122-57; Ord. No. 99-010, art. V, § 7.0, 9-21-1999)

(a)

Sills or ornamental features of a structure, except awnings, shall not project more than six inches into any building setback which is less than ten feet.

(b)

Cornices or eaves shall not project more than 24 inches into any required yard.

(c)

Except as regulated elsewhere in this section, uncovered patios, terraces, walkways and porches, which do not extend more than three feet above grade, may project into a required yard, provided such projections are not closer 25 feet from the front lot line, six feet from the side lot line, and eight feet from the rear lot line. No such structure may extend into a public easement or right-of-way.

(d)

Except as regulated elsewhere in this section, an uncovered balcony, deck or fire escape in a single-family or two-family residential district may project into a required rear or side yard, provided such structures shall not be located closer than 25 feet from the rear property line, nor ten feet from either side property line.

(e)

In multifamily residential districts, an uncovered balcony, deck or fire escape may project not more than 12 feet into a required rear yard, nor more than eight feet into a required sideyard, but said structures shall not be located closer than 25 feet from any property line.

(f)

In commercial and industrial zones, an uncovered balcony, deck or fire escape which projects into a rear or side yard that abuts a residential district boundary shall comply with the minimum building setbacks for the district in which it is located. Said structures which do not project into a yard which abuts a residential district may project not more than eight feet into a rear or side yard.

(g)

Accessory buildings and structures are permitted only in a rear yard, and shall have a cumulative gross floor area which is less than 15 percent of the required rear yard. The minimum building setback for accessory buildings and structures shall be five feet.

(Code 2005, § 122-58; Ord. No. 99-010, art. V, § 8.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

(a)

Every lot created after the effective date of the ordinance form which this chapter is derived shall contain an area equal to or greater than the minimum lot area of the zoning district in which the lot is located, outside of the 100-year regulatory flood area as determined and mapped by the Federal Emergency Management Agency (FEMA).

(b)

All developed property shall be graded to eliminate ponding and standing water.

(c)

All property shall be developed in compliance with the floodplain regulations set forth in chapter 107. Variances authorized under such regulations shall be heard by the board of zoning adjustment.

(Code 2005, § 122-59; Ord. No. 99-010, art. V, § 9.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)