It is the purpose of this Article to define words, terms, and phrases contained within this Ordinance.

In the interpretation of this Ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:

A.

Words used or defined in one tense or form shall include other tenses and derivative forms.

B.

Words in the singular number shall include the plural number and words in the plural number shall include the singular number.

C.

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

D.

The word "shall" is mandatory.

E.

The word "may" is permissive.

F.

The word "person" includes individuals, firms, corporations, associations, trusts, and any other similar entities.

G.

The word "Arab" means The City of Arab, Alabama.

H.

The words "governing body" refer to the City Council of Arab.

I.

The words "Planning Commission or their designee" shall refer to the Arab Planning Commission and/or the Arab Administrative Officer or other designated official.

J.

The words "Planning Commission" shall mean the Arab Planning Commission.

K.

The word "Board" refers to the Zoning Board of Adjustment of the City of Arab.

L.

In the case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, or table, the text shall control.

M.

The word "permitted" refers to uses with the designation "P" as shown in Table 4-1.

N.

The word "conditional" refers to uses with the designation "C" as shown in Table 4-1.

The following abbreviations are used in this Ordinance and are intended to have the following meanings:

When used in this Ordinance, the following terms shall have the meanings herein ascribed to them:

Abutting: Having a common border with, or being separated from such common border by an alley or easement.

Access: Any means of ingress/egress to a parcel of property for pedestrians and/or vehicles.

Access, Legal: The form of access which qualifies a development site for a building permit or certificate of occupancy, attesting that such property is legally accessible from a public street by means of direct road frontage, or a recorded easement across one (1) or more intervening properties. (See Section 906).

Accessory structure: A detached subordinate structure or building, located on the same lot as the principal structure, the use of which is clearly incidental to that of the principal structure. (See Figure 1)

Accessory use: A use that is incidental and subordinate to that of the main building or use of land and that is located on the same lot, in the same zoning district and under the same ownership in all respects.

Administrative Officer: The person appointed by the City Council of the City of Arab and authorized to administer and enforce all provisions of the Zoning Ordinance.

Alcoholic Beverages: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquors, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes which contain one-half of one percent of alcohol by volume and shall include liquor, beer, and wine, both fortified and table wine.

Alley: A thoroughfare either used or shown on any recorded description of the subject parcel(s) which is at a minimum not more than 20 feet wide and which affords only a secondary means of access to abutting property.

Alteration/Altered: Any addition to the height, width, or depth of a building or structure; or any change in the location of any of the exterior walls. A building or structure shall be classified as altered when it is repaired, renovated, remodeled or rebuilt at a cost in excess of 50 percent of its fair market value prior to the commencement of such repairs, renovation, remodeling, or rebuilding.

Antenna: Electronic devices, whose purpose is to receive or transmit signals directly from ground-based sources, which are freestanding or mounted on a structure.

Apartment: A building designed for occupancy by three (3) or more families living independently of one another.

Appeal: A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this Ordinance as expressly authorized by the provisions of Section 1008.

Applicant: One (1) individual who is duly authorized to submit development plans for review, request variances or changes in zoning classification, and apply for any form of development approval with respect to a development site. An applicant may be the property owner(s), or any person having written authority from the property owner(s). This written authority shall be provided in any form that the Planning Commission or their designee determines to be appropriate.

Arterial Roadway: A roadway which typically has a relatively high traffic volume with traffic signals at major intersections. The primary function of arterials is rapidly moving traffic.

Assisted Living Facility: A special combination of housing, support services, and personalized health care, which is appropriately licensed by the State and City, designed to assist individuals needing help with daily living activities.

Attic: The non-habitable part of a building immediately below, and wholly or partly within, the roof framing.

Balcony: An uncovered, horizontal platform which is suspended or cantilevered from, or supported solely by, the principal structure, is enclosed by a parapet or railing, and is entirely supported by the building. (See Also Gallery)

Basement: The lowest habitable story of a building usually below, or partially below, ground level.

Bed and Breakfast Inn: A private, owner-occupied business with 4 to 20 guest rooms where overnight accommodations and a morning meal are provided to transients for compensation and where the bed and breakfast inn is operated primarily as a business.

Bedroom: A room, which meets building code requirements, marketed, designed, or otherwise likely to function primarily for sleeping.

Brew Pub: Any premise upon which beer, malt or brewed beverage, is actively and continuously manufactured or brewed for consumption on the premise where manufactured, or for sale to any designated wholesaler licensee for resale to retail licensees. The brewpub must contain and operate a restaurant or otherwise provide food for consumption on the premises.

Bufferyard: A unit of land, together with a specified type and amount of planting thereon, and any fence, wall, or berm which may be required between land uses to eliminate or minimize conflicts between them.

Buildable Area: The portion of a lot remaining after required yards have been provided.

Building: Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals or chattel.

Building, Accessory: See Structure, Accessory.

Building Area: The portion of the lot occupied by the principal building including carports, porches, accessory buildings and other structures.

Building Envelope: Designated area within a lot, as shown on a subdivision plat for zero lot line, single family attached, and twin house development, wherein all principal and accessory structures (including swimming pools) will be built, except fences and/or walls enclosing yards or patio areas.

Building Frontage: The exterior wall of a building that faces a front lot line of the lot.

Building Height: See Height of Structure.

Building Line: A line shown on a plat indicating the minimum allowable distance between any structure and a lot line, as established by requirements of the developer and/or this Ordinance.

Building Line, Front: A line, generally parallel to the front lot line, which passes through the most forward point of the principal structure.

Building, Principal: The principal building on a lot, including an attached garage, carport or porch, in which is conducted the main or principal use of the lot on which said building is situated.

Building, Secondary or Secondary Residence: A room or set of rooms in a structure detached from the Principal Building that has been designed or configured to be used as a separate Dwelling Unit, generally including living, sleeping, kitchen and bathroom facilities.

Canopy: A roof-like cover extending over a pedestrian way or right-of-way as a shelter or shield. This definition shall include the term "awning" and shall apply regardless of the materials used in its construction.

Carport: An unenclosed and covered space for the private use of the owner or the occupant of a principal building and situated on the same lot as the principal building, intended for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature.

Carrier/Provider: See Wireless Communication Service Provider.

Cellar: An uninhabited room used for storage, usually beneath the ground or under a building.

Certified Survey: Scaled drawing of a parcel or lot, showing property lines, dimensions, building locations, and other features of the property, which has been signed and sealed by a professional surveyor licensed in the State of Alabama.

Church: See Place of Worship.

City: The City of Arab, Alabama.

City Council: As used in this Ordinance City Council shall mean the governing body of the City of Arab and any future governing body regardless of its official name.

Clinic: An establishment, public or private, where there are no overnight facilities and where people are given examination, diagnosis and treatment as out-patients by physicians, dentists, optometrists or other members of the medical profession.

Collector Road: A road which serves as feeders between arterials as well as provides access to the local streets. These are typically lower volume roadways that accommodate short distance trips.

Conditional Use: A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Commission and granting of conditional use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity.

Condominium: Property ownership arrangement in which a buyer receives a percentage interest in a development on an undivided parcel of land, resulting in the right to exclusive use of a specific dwelling unit or portion of the undivided parcel, such as a mobile home or recreational vehicle site. Common areas of the site which are not assigned to a specific owner, such as pools, clubhouses, parking areas and other amenities, are the collective responsibility of all owners or members of the condominium development.

Corner Lot: See Lot, Corner.

Curb Cut: Vehicular access to a public right-of-way.

Day Care Center: Any child care facility, licensed by the State of Alabama, receiving more than four (4) children for care during all or part of the day. The term does not include: programs operated as part of public or private schools; program operated on 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.

Dedication: The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee interest, including an easement.

Density, Gross: The quotient of the total number of dwelling units divided by the gross site area of the site, expressed as dwelling units per acre.

Developer: The legal or beneficial owner(s) of a lot or parcel or any land proposed for inclusion in a development, including the holder of an option, contract to purchase, or a lease.

Development: The division of a parcel of land into two (2) or more parcels (See Subdivision); the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which an approved development plan is required pursuant to this Ordinance or other regulations, codes and ordinances of the City. (See Also: Article V "Landscape & Bufferyard Requirements" Section 504 Definitions)

Development Site: One (1) or more parcels of land included in a single development plan, and preferably under common ownership, which constitute the entire area of development shown on a site plan or subdivision plat. The development site must include all land needed for required open space, bufferyards, landscaping, parking (except as provided for in Section 614), internal access roads or driveways, and other physical design features needed to serve the proposed development.

Drainage: The removal of surface water or ground water from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water-supply preservation or prevention or alleviation of flooding.

Drainageway: Minor watercourses, natural or man-made, that are defined either by soil type or the presence of intermittent or perennial streams.

Drive-In Restaurant: See Restaurant, Fast Food.

Duplex: Residential structure, divided horizontally or vertically, and designed for or occupied by two (2) dwelling units, contained entirely under one (1) roof on one (1) lot.

Dwelling: Any building or portion thereof which is designated or used for residential purposes.

Dwelling, Multi-Family: A dwelling unit within a building containing three (3) or more dwelling units so arranged that their occupants live independently of each other. (See Apartment)

Dwelling, Single-Family Attached: A dwelling unit, which is built on-site and designed for occupancy by one (1) family which is joined to another dwelling unit at one or more sides by a party wall or abutting separate wall and such dwelling unit is erected on its own individual lot of record.

Dwelling, Single-Family Detached: See Single Family Detached Dwelling Unit.

Dwelling Unit: A room or group of rooms, providing or intended to provide living quarters for not more than one (1) family except as otherwise provided by this Ordinance. All rooms within the dwelling unit shall have internal access, and the unit shall have no more than one kitchen and one electrical meter.

Easement: Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property. No easement shall be recognized under this Ordinance which has not been created through a valid legal instrument and recorded in the Office of the Judge of Probate of Marshall County and those established by the City through continuous historic use.

Eave Height: The distance as measured from grade level to the top of the fascia.

Erosion: The wearing away of the ground surface as a result of the movement of wind, water, and/or ice.

Exterior Storage: Outdoor storage of fuel, raw materials, vehicles, products and equipment. In the case of lumberyards, exterior storage includes any impervious materials stored outdoors. In the case of truck terminals, exterior storage includes all trucks, truck beds, and truck trailers stored outdoors.

Family: One (1) or more persons related by blood, marriage, adoption or guardianship plus one (1) unrelated person occupying a dwelling unit and living as a single housekeeping unit; or not more than four (4) persons occupying a dwelling unit and living as a single housekeeping unit in zoning districts where residential uses are permitted

Family Child Care Home: A child care facility which is a family home, and which receives not more than six (6) children for care. Such facility shall be licensed by the State of Alabama. Said child care facility may be administratively approved by the Administrative Officer, subject to meeting all requirements of Section 612.

Filling: The depositing of sand, gravel, earth, or other materials to alter the elevation of a given site.

Floodplain: For the purposes of this Ordinance, "Floodplain" shall mean areas adjacent to a river, stream, or other drainageway which lie within the 100-year flood elevation contour, as established by Flood Insurance Rate Maps or by certified survey. (See Figure 2)

Floodway: the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (See Figure 2)

Floor Area: The sum of the gross floor area for each story of a building measured from the exterior limits of the faces of the structure. The floor area of a building includes basement floor area and includes attic floor area only if the attic area meets the current building code standards of the City of Arab for habitable floor area. It does not include cellars and unenclosed porches or any floor space in an accessory building or in the principal building, which is designed for the parking of motor vehicles in order to meet the parking requirements of this Ordinance.

Floor Area Ratio (FAR): An intensity measure expressed as a ratio derived by dividing the total floor area of a building by the base site area. Where the lot is part of a larger development and has no buffer, that lot area may be used instead of the base site area. (See Figure 3)

Forestry: A premises, or portion of a premises, occupied by an establishment primarily engaged in the commercial operation of timber tracts, forest nurseries and related activities such as reforestation services and the gathering of gums, barks, balsam needles, maple sap and other forest products.

Gallery: A, covered or uncovered, balcony or platform running the length of a wall elevated and supported by arches or columns along the outside of a building. (See Also Balcony)

Garden Center: A place of business where garden-related products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, bring in most items offered for sale from other locations. These items may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm tools and utensils.

Garage: A building or structure, or part thereof, used or designed to be used for the parking and storage of vehicles.

Garage Apartment: A Building that consists of a Garage on one side and a Dwelling Unit next to or on top of the Garage and generally includes a sink, toilet and shower/tub.

Gasoline Service Station: Buildings and premises where gasoline, oils, greases, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where minor services are rendered.

Grade or Grade Level: A reference plane representing the average of finished ground level adjoining the building at all exterior walls.

Gross Density: See Density, Gross.

Group Home: Any home in which four (4) or fewer disabled persons, including their caretaker, reside who may or may not be related to one another. (See Section 409.E)

Group Child Care Home: A child care facility which is a family home and which receives at least seven (7), but no more than 12, non- resident children for care where there are at least two (2) adults present and supervising the activities. Such facility shall be licensed by the State of Alabama.

Hazardous Substances: Any substance or material which, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or using or otherwise coming into contact with such material or substance.

Hazardous Uses: All uses which involve the storage, sale, manufacture, processing or handling of materials which are easily ignited and likely to burn with moderate rapidity or cause smoke, including materials which are highly flammable, explosive, noxious, toxic, or inherently dangerous to humans, animals, land, crops or property.

Height of Structure: For the purposes of this ordinance, the height of a building shall be measured from the average finished ground elevation at the base of the structure to eave height. Spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, mechanical equipment or other such structures, unless otherwise specified by this ordinance, placed above the roof levels and not intended for human occupancy shall not be subject to the height limitations.

Home Occupation: A business, profession, occupation, or trade conducted for gain or support and located entirely within a residential building, which use is accessory, incidental, and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building. (See Section 612)

Hotel: A building, or portion of a building, containing sleeping units, which are occupied on a daily or short-term basis. A hotel may include a restaurant and banquet or ballrooms, and one (1) self-contained dwelling unit for the use of a resident manager.

Hospital: The use of a building or premises, operating under license by the Alabama State Health Department, for the provision of diagnostic health services and medical or surgical care to human inpatients and outpatients and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Impervious Surface: A surface that does not absorb water. Buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt are impervious surfaces. For the purpose of this Ordinance, impervious surface measurements shall exclude the water surface area of swimming pools.

Impervious surface ratio (ISR): A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a development site by the site area. (See Figure 4)

Internal Access: Physical design of a dwelling unit in which the kitchen, bathrooms, and all other rooms intended for human habitation, are connected internally.

Junk or Salvage Yard: A place, structure or lot used for the collection, storage and/or sale of junk, waste, discarded, salvaged or similar materials such as metal, paper, rags, wood, glass, cloth or other materials or for the collection, dismantling, storage and salvaging of machinery or vehicles and/or for the sale of parts therefrom.

Kennel: Any place in or at which any number of dogs, cats or other domestic animals are kept for the purpose of sale or in connection with boarding, care or breeding, for which any fee is charged.

Kindergarten (private): See Day Care Center.

Lakes and Ponds: Natural or artificial bodies of water which retain water year round. A lake is a body of water of two (2) or more acres. A pond is a body of water of less than two (2) acres. Artificial ponds may be created by dams or may result from excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than from the permanent pool in the event of any difference.

Liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations, or mixtures intended for beverage purposes, which contain one-half (½) of one percent (1%) or more of alcohol by volume, except beer and table wine as defined herein.

Livestock: Equine or equidae of any type, cows, calves, yearlings, bulls, or any bovine, oxen, sheep, goats, lambs, kids or other ovine but specifically excluding hogs, shoats and pigs.

Local Street: A street the sole function of which is to provide access to the land uses that are immediately adjacent to the roadways.

Lot: Refers to a single undivided portion of land that is either legally recorded in the office of the Marshall County Probate Judge, or is being proposed in good faith by well-prepared plan drawings for the purpose of being legally recorded. It is the responsibility of the property owner (or his/her agent) to insure that the property is legally recorded with the office of the Marshall County Probate Judge.

Lot Area: The area contained within the boundary lines of a lot.

Lot, Corner: A lot abutting two (2) or more streets at their intersection. If the two (2) streets form an angle of more than 135 degrees, as measured at the point of intersection of their center lines, the lot shall not be considered a corner lot. (See Figure 5)

Lot Depth: The distance between the midpoints of the front and rear lot lines.

Lot, Double Frontage: A lot, other than a corner lot, which has frontage on more than one street. (See Figure 5)

Lot Frontage: Lot width measured at the street lot line.

Lot Line: A line bounding a lot which divides one lot from another or forms a street right-of-way or any other public or private space.

Lot Line, Front: In cases where the lot fronts on only one street right-of-way, the lot line adjacent to the street; for corner lots, the side meeting minimum width requirements. (See Figure 6)

Lot Line, Rear: That lot line which is opposite to and most distant from the front lot line of the lot; in the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front line shall be considered to be the rear lot line. (See Figure 6)

Lot Line, Side: Any lot line other than a front or rear lot line. (See Figure 6)

Lot Line, Street: In the case of a lot abutting only one street, the right-of-way line separating such lot from such street; in the case of a double frontage lot, each right-of-way line separating such lot from a street shall be considered to be the front lot line, except where the rear yard requirement is greater than the front yard requirement in which case one of the two opposing yards shall be a rear yard. (See Figures 5 & 6)

Lot of Record: A lot which is part of a recorded plat or plot which has been recorded in the Office of the Probate Judge of Marshall County, or a lot described by metes and bounds, the map or description of which has been recorded according to Alabama Law.

Lot Width: The horizontal distance between side lot lines measured at the required front setback.

Lounge: Any premise, meeting the definition of lounge in the Arab Alcoholic Beverage Ordinance, upon which beer, wine and liquor is served. May permit dancing or provide other lawful entertainment on the licensed premises. No person under 19 years of age shall be admitted on the premises of any lounge liquor licensee as a patron or employee, and it shall be unlawful for any such licensee to admit any minor to the premises as a patron or employee.

Malt or Brewed Beverages: Any beer, lager beer, ale, porter, or similar fermented malt liquor containing one-half of one percent (.5) or more of alcohol by volume and not in excess of five (5) percent alcohol by weight and six (6) percent by volume, by whatever name the same may be called.

Manufactured Building: See Modular Building.

Manufactured Home: (also known as a Mobile Home.) A dwelling, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Except that such term shall include any dwelling which meets all the requirements of this paragraph, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD). For mobile homes built prior to June 15, 1976, a label certifying compliance to NFPA 501, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home.

Manufactured Home Park: A parcel of land under single management which has been planned and improved for the provisions of services for manufactured homes for transient and/or nontransient use. A manufactured home park may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities and amenities, including roads, clubhouse or recreation facilities, and bufferyards, are privately owned or owned in common by residents of the park.

Marina: An establishment for mooring, servicing, and storing recreation boats, as well as for providing supplies, provisions, and fueling facilities. A marina may include a restaurant and/or boat and motor sales store. Boat building or facilities for the dry docking or repair of watercraft exceeding two tons in weight are not included.

Master Development Plan: A conceptual plan, meeting the requirements of Section 605 and depicting a mixture of land uses, showing an entire development site and all component stages or phases which express the overall development concept for the site at build-out.

Minimum Floor Elevation: The lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor.

Mini-Warehouse: A building, or group of buildings, in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized stalls or lockers for the "dead" storage of a customer's goods or wares. (See Section 409.J)

Mixed-Use Development: The development of a tract of land and/or structure with two (2) or more uses of different land use categories. Such developments include, but are not limited to, combinations of residential, office, retail, public entertainment, and/or manufacturing uses in a compact urban form such as an office or research park.

Mobile Home: (also known as a Manufactured Home.) A dwelling unit manufactured prior to June 15, 1976, whether on wheels or a foundation, which is designed for a long term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

Modular Building: (Also known as a "manufactured building.") A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for other than residential purposes, including without limitation commercial and industrial purposes, and which bears a seal of compliance with the regulations of the Alabama Manufacturing Housing Commission. It shall NOT be attached to a permanent steel frame, with an axle or on its' own wheels. Modular buildings must be constructed to meet the requirements of the city's building code and construction regulations as well as any other design standards the city may adopt which apply to conventional construction.

Modular Home: A factory fabricated transportable 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 Alabama Manufacturing Housing Commission. It shall NOT be attached to a permanent steel frame, with an axle or on its' own wheels. Modular panelized homes must be constructed to meet the requirements of the city's building code and construction regulations as well as any other design standards the city may adopt which apply to conventional construction.

Motel: See Hotel.

Nonconforming/Nonconformity: See Article VIII.

Nursery for Children: See Day Care Center.

Nursery: An enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawnmowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.

Nursing Home: A licensed facility providing care for compensation to convalescents, the aged or infirm who are unable to care for themselves and require continuous, skilled care.

Office-Warehouse: A facility combining office and warehouse functions in a single structure, for the primary purpose of wholesale trade, display, and distribution of products. Said facility is characterized by occasional truck deliveries and does not create nuisances such as dust, noise, or odors. Any warehouse activity with heavy trucking activities or nuisances shall be considered under the term "warehousing or wholesaling" (See Section 409.J)

On-Site: Located within the boundaries of the development site.

Open Space: Any parcel or area of land or water, either publicly or privately owned, set aside, dedicated, designated, or reserved for the private use or enjoyment of owners or occupants of land adjoining such open space, or for the public at large.

Open Space Ratio: The proportion of a site consisting of open space as defined by Section 422.

Open or Outdoor Storage: The keeping within an unroofed area, whether fenced or not, any goods, material, merchandise or vehicles.

Owner: The person or persons having the right of legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

Package Store: Those liquor retail licensees who declare to the ABC Board that their primary business shall be the sale of alcoholic beverages for off-premises consumption.

Parcel: See Lot, Development Site.

Parking Lot or Garage: An open area or a structure used exclusively for the temporary off-street storage of motor vehicles. Such area or structure may be an independent business or may be used in conjunction with any other business or commercial use. A fee may be charged.

Perennial stream or Perennial River: is a stream or river (channel) that has continuous flow in parts of its bed all year round during years of normal rainfall.

Plat: Shall mean a map, plan or layout of a City, parcel of land, or subdivision indicating the location and boundaries of individual properties.

Place of Worship: A building used for regular religious worship, by the congregation or parts thereof, of an organized religion.

Poultry: Shall mean any chickens, turkeys, ducks, geese, or other fowl.

Pond: See Lakes and Ponds.

Premises: A lot or plot, together with all buildings and structures existing thereon.

Principal Building: See Structure, Principal.

Principal Use: See Use, Principal.

Private Club: A corporation or an association organized or formed in accordance with the Code of Alabama.

Provider/Carrier: See Wireless Communication Service Provider.

Public Improvement: Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

Public Utility: Any person, firm, corporation, governmental department or board, duly authorized by the Alabama Public Services Commission, to provide electricity, gas, steam, telephone, telegraph, transportation, water or sewer service to the general public.

Rain Garden: See Article V "Landscape and Bufferyard Requirements"

Recreational Vehicle: A vehicle or a unit that is mounted on or drawn by another vehicle primarily designed for temporary living. Recreational vehicles include travel trailers, camping trailers, truck campers, and motor homes. (See Section 409.L)

Recreational Vehicle Park: A lot on which campsites are established for occupancy by recreational vehicles of the general public as temporary living quarters for purposes of recreation or vacation. No recreational vehicle park shall be platted or otherwise divided by fee simple ownership; however, the sale of memberships and assignment of campsites on a condominium basis is permitted. All facilities and amenities, including roads, clubhouse or recreation facilities, and bufferyards are privately owned or owned in common by members of a condominium association.

Restrictive, More (Less): A regulation imposed by this Ordinance is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications. For example, regulations governing single-family uses would be more restrictive than the regulations governing business uses.

Restaurant, Fast Food: An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state: (1) for consumption within the restaurant building, or within a motor vehicle parked on the premises or off the premises as a carry-out order; or (2) to be served through a drive-up window, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

Restaurant, Standard: An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics: (1) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; (2) a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

Re-subdivision: See Subdivision.

Right-of-way: An area dedicated to public use for pedestrian and vehicular movement, which may also accommodate public utilities.

Setback: The required minimum distance between a structure and the front, side, or rear lot line.

Shopping Center: A group of commercial-retail establishments planned, developed, and managed as a unit, under single ownership or control, and built in accordance with a unified architectural plan and with off-street parking provided on the property.

Shopping Center, Neighborhood: A mixture of uses or structures on the same lot designed and built to contain commercial uses compatible with residential neighborhoods, including but not necessarily limited to variety stores, hardware stores, grocery stores, etc.

Shopping Center, Regional: A shopping center having in excess of 500,000 square feet of gross floor area.

Shrub: For the purpose of meeting landscape-planting requirements under this Ordinance, any species listed in Table 5-1 as either a deciduous or evergreen shrub.

Sign: See Arab Sign Ordinance (Article VII)

Single-Family Detached Dwelling Unit: Freestanding structure, completely separate from all other structures, designed to house one (1) family as a single housekeeping unit. Single-family detached units may be constructed in subdivisions pursuant to Section 603.

Site Plan: A plan, drawn to scale by a licensed engineer or other qualified professional, showing uses, structures, and all other physical features proposed for the development site, including but not limited to, bufferyards, parking, landscaping, drainage facilities and utilities, in accordance with the requirements of Section 902. Site plans shall include, in written form, all information necessary to determine whether the proposed development meets the requirements of this Ordinance, such as proposed use(s) of the site, impervious surface and floor area, number of employees, hours of operation, and calculations of parking requirements.

Steep Slopes: Land area where the inclination of the land's surface from the horizontal is 30 percent or greater. Slope is determined from on-site topographic surveys prepared with a two foot contour interval.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it or if there is no floor above it, then the space between such floor and the ceiling next above it.

Story, half: A half story is a story situated within a sloping roof, the floor area of which, at a height of five (5) feet above the floor, does not exceed two-thirds (2/3) of the floor area in the story directly below it.

Stream, Perennial: A natural watercourse which contains flowing water, year around.

Street: Any public or private way dedicated or set aside for public travel.

Street Centerline: That line surveyed and designated by the City as the centerline of a street.

Structure: Any combination of materials, including buildings, constructed or erected, the use of which requires location on the ground or attachment to anything having location on the ground, including among other things signs, overhead wires, dish antennas, fences, retaining walls, decks, storage buildings, but excluding sidewalks and paving on streets, driveways, parking areas and patios.

Structure, Accessory: A subordinate structure, detached from but on the same development site as the principal structure, the use of which is incidental and secondary to that of the principal structure. (See Section 608).

Structural Alteration: Any change in the supporting members of a building, such as the bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or exterior walls. Also, see Alteration/Altered.

Structure, Principal: A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. There shall be internal access to all interior portions of a single family detached dwelling unit. An outlying structure shall be considered an accessory building unless connected to the principal building by fully enclosed living space. (See Figure 1)

Subdivision: Any division or re-division of a tract, parcel, or lot of land into two (2) or more parts by means of platting of boundaries in accordance with the City of Arab Subdivision Regulations.

Telecommunications Facilities, Wireless: Any and all buildings, structures, fixtures or other accessories (such as electrical boxes, equipment sheds, guy wires, etc.) Installed, used or intended for use in conjunction with any of the following:

A.

Cellular Communications facilities—low power transmitters used to transmit signals in a cell or cellular radio-telephone services (cellular phones), personal communications services (PCS), enhanced specialized mobile radios (ESMR), trunk mobile cellular radios, paging services and similar cellular-based communications to the general public.

B.

Commercial Satellite facilities—satellite earth stations which are greater than two (2) meters in diameter, and are used to send and/or receive satellite signals and similar communications.

C.

Microwave Relay facilities (Repeater)—used to transmit radio signals between two or more fixed points by microwave antennas and similar transmission services.

Telecommunications Tower: Any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more Communications Antennas. Communications Towers shall include:

A.

Monopole Towers—Cylindrical self-supporting towers constructed as a single spire.

B.

Self-Supporting or Lattice Towers—Self-supporting towers with multiple sides of open-frame supports.

C.

Guyed Towers—Anchored with guy wires.

D.

Camouflaged Towers—Self-supporting towers concealed such that they blend with their surroundings. Such towers may be constructed to resemble objects, such as a tree or a street light, or may be concealed within another structure, such as a clock tower, church steeple or lamp post.

Temporary Use: See Use, Temporary.

Town House: A single residential unit sharing a common wall with at least one other unit in a structure consisting of not less than three (3) or more than six (6) dwelling units and having no other dwelling unit directly above or below. See Section 603.02.

Twin House: Residential dwelling units sharing a common side wall with one (1) other unit, having individual entrances (not used by other units) in the front and rear, placed on their own lots and located in a structure containing no more than two (2) units. (See Figure 15)

Travel trailer: A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use. For purposes of these regulations, the term includes pick-up campers, camping trailers, pop-up-trailers, and motorized home living facilities constructed as integral parts of self-propelled vehicles. See Also Recreational Vehicle.

Understory Tree: For the purpose of meeting landscape planting requirements under this Ordinance, any species listed in Table 5-1 as either a deciduous or evergreen understory tree.

Use: The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, Accessory: An accessory use is one which: (1) is subordinate to and serves a principal structure or a principal use, (2) is subordinate in area, extent, and purpose to the principal structure or use served, (3) is located on the same development site as the principal structure or use served, and (4) is customarily incidental to the principal structure or use. See Section 608.

Use, Principal: The specific primary purpose for which land is used.

Use, Temporary: A temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Variance: Permission to depart from the literal requirements of this Ordinance granted pursuant to Section 1007.

Warehouse: A building intended for the storage, wholesale, and distribution of manufactured products supplies, and equipment.

Wetland: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (Wetlands generally include swamps, marshes, bogs, and similar areas).

Wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors and like products.

Fortified Wine—Any wine containing more than 14.9 percent alcohol by volume, but not more than 24 percent.

Table Wine—Any wine containing not more than 14.9 percent alcohol by volume.

Wireless Communications Service Provider: Any private company, corporation or similar such entity providing two-way interactive communications services to the general public by way of Cellular Communications facilities.

Woodland: An area of natural vegetation or planted material, at least 50 feet in depth, covering one (1) acre or more and consisting substantially of canopy trees.

Yard: The open space between a lot line and building line.

Yard, Front: A yard extending the full width of the front of a lot between the front (street) right-of-way line and the front building line. (See Figure 6)

Yard, Rear: A yard extending the full width of the lot in the area between the rear lot line and the rear building line. (See Figure 6)

Yard, Side: The yard extending along a side lot line, from the front yard to the rear yard, between the side building line and a side lot line. In the case of corner lots, the yard along all established or future street lines shall be termed a front yard and shall meet requirements herein for such. (See Figure 6)

(Ord. No. 2017-4, § 1, 10-2-17; Ord. No. 2024-1, § 1, 2-5-24)