ESTABLISHMENT OF DISTRICTS
The City of Arab, Alabama is hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district, to implement the Official Zoning Map of Arab, and to serve the other purposes of this Ordinance, which are detailed in Article I.
For the purpose of this Ordinance, all land and water areas in Arab are hereby divided into the following zoning districts:
The boundaries of the zoning districts are as shown on the map entitled "Zoning Map of Arab, Alabama", which, together with all explanatory materials contained thereon, is hereby made a part of this Ordinance and adopted by reference.
At least one official copy of the zoning map shall be maintained in the Planning Office, upon which shall be recorded, after the passage thereof, every amendment to this Ordinance which affects a change in any zoning district boundary. Such official copy of the zoning map shall be attested by the City Clerk, and shall be available at all times for inspection by the general public.
The Planning Office may distribute copies of the zoning map to the general public and other officials, for reference purposes. However, the official copy of the zoning map maintained in the office of the Planning Office, plus official records of the City Clerk regarding actions of the City Council to amend district boundaries shall constitute the only official description of the location of zoning district boundaries, and persons having recourse to this ordinance for any purpose are hereby so notified.
The boundaries of the zoning districts are established as shown on the Zoning Map. Unless otherwise shown on said Zoning Map, the boundaries of districts are platted lot lines, the center lines 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 this Ordinance. The Administrative Officer shall make an interpretation of the Zoning Map of Arab upon the request of any person.
Where any uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official Zoning Map, the following rules shall apply:
A.
Boundaries shown as following, or approximately following, the limits of any municipal corporation shall be construed as following such limits.
B.
Boundaries shown as following, or approximately following, streets shall be construed to follow the centerlines of such streets.
C.
Boundary lines which follow, or approximately follow, platted lot lines or other property lines as shown on the Arab Tax Maps shall be construed as following such lines.
D.
Boundaries shown as following, or approximately following, section lines, half-section lines, or quarter-section lines shall be construed as following such lines.
E.
Boundaries shown as following, or approximately following, railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
F.
Boundaries shown as following, or approximately following, shorelines of any lakes shall be construed to follow the mean high waterlines of such lakes, and, in the event of change in the mean high waterline, shall be construed as moving with the actual mean high waterline.
G.
Boundaries shown as following, or approximately following, the centerlines of streams, rivers, or other continuously flowing water courses shall be construed as following the channel centerline of such water courses taken at mean low water. In the event of a natural change in the location of such streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the channel centerline.
H.
Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in paragraphs 3.5.1 through 3.5.8 above shall be construed to be parallel to, and at such distances from, such features as are shown on the map.
I.
In case any further uncertainty exist after the Administrative Officer's interpretation; where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map; or in other circumstances not covered by the preceding rules, the Planning Commission shall determine the location of district boundaries.
The purpose and intent of the use districts provided for in this Ordinance are as follows.
Agriculture District (AG). This district is intended to provide for low-density residential development while allowing the continuation of agricultural or farm uses. It also serves to correlate growth with utility, service and transportation needs until more intensive urban development is warranted.
Low Density Residential District (R-1). This district is intended to provide for, and protect, the quiet and peaceful character of single-family detached residential development and accessory uses normally necessary and compatible with such development. Regulations that apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for residential dwellings and to discourage encroachment by commercial, industrial or other uses capable of adversely affecting the residential character of the district.
Medium Density Residential District (R-2). This district is intended to provide for medium density single-family detached residential areas permitting development types such as patio and garden homes and other medium density detached dwellings. Certain structures and nonresidential uses required to serve governmental, educational, religious, recreation, and other needs of such areas may be permitted as outright or as conditional uses within the district, subject to restrictions and requirements intended to preserve and protect the residential character of the district.
High Density Residential District (R-3). This district is intended to provide for high density residential areas permitting progressively higher population densities, characterized by duplexes and multiple-family structures such as townhomes and apartments. Certain structures and nonresidential uses required to serve governmental, educational, religious, recreation, and other needs of such areas may be permitted as outright or as conditional uses within such districts, subject to restrictions and requirements intended to preserve and protect the residential character of the districts.
Manufactured Home Park District (MHP). The purpose and intent of the MHP Manufactured Home Park District is to provide appropriate locations for the establishment of manufactured home parks within which space may be leased or rented.
Urban Mix District (UM). It is the intent and purpose of this district to provide areas where a mixture of residential and commercial uses may co-exist. Commercial uses may include retail trade and personal service enterprises and shall be designed to be compatible in both use and appearance to residential development in the same district. This district may also serve as an extension of the Historic Central Business district and may act as a buffer between more intense commercial uses and residential areas. Such district shall generally be located along major arterial and/or collector roadways radiating out from the Historic Central Business district. Commercial uses developed or expanded after the adoption of this Ordinance shall be required to provide landscaping and buffer areas to mitigate the impact of the use on surrounding residential development. All commercial uses developed in this district shall have a residential appearance from the street. Outside and open storage or display is not permitted. All storage and display shall occur entirely within a fully enclosed building.
Office-Institutional District (O-I). This district is intended to provide areas for the development of public, semi-public and private offices; schools, healthcare and child care facilities; places of worship and special residential development. Such uses are supportive of the surrounding residential community and should gain access via an arterial or major collector road. Uses permitted in this district should be in harmony with residential or institutional environments and should serve to transition between residential neighborhoods and more intensive commercial districts or uses. It is intended that buildings be surrounded by landscaped grounds and that signs be limited in size and location to minimize commercial impact.
Neighborhood Commercial (NC). (Local Shopping District) This District is intended for small sites in or near residential neighborhoods. The zone encourages the provision of small scale retail and service uses for nearby residential areas. Some uses which are not retail or service in nature are also allowed so a variety of uses may locate in existing buildings. Uses are restricted in size to promote a local orientation and to limit adverse impacts on nearby residential areas. Development is intended to be pedestrian-oriented and compatible with the scale of surrounding residential areas.
General Business District (GB). This district is intended to be located along arterial roadways which serve higher traffic volumes and are intended for the higher intensity development. Uses in this district are intended to provide goods and services to the City as well as serving the larger trade area. Uses permitted outright or conditionally in this district may include shopping centers, restaurants, and large commercial retail establishments. Because these uses are subject to the public view and are often located at or near City gateways, which is a matter of concern to the entire City, they should provide adequate parking, controlled traffic movement, suitable landscaping and protection for abutting residential areas from the traffic and visual impacts associate with these types of commercial activities.
Historic Downtown District (HD). The purpose and intent of the Historic Downtown District is to promote the preservation of buildings, structures and sites of historic and architectural value within the city. Development and redevelopment within this district should reflect the historic character and scale of existing development. Uses within this district will include both commercial and residential of appropriate type and design to be compatible with existing uses and may be found as individual freestanding, and/or mix used development types. Design and function will play a major role in the review and approval of uses in this district.
Manufacturing Districts (M-1 & M-2). These Districts are intended to accommodate commercial areas that must be segregated, because of negative impacts that cannot be made compatible with other uses through the application of performance standards. The creation of these separate districts for manufacturing/industrial uses recognizes not only nuisances, but also infrastructure and operational incompatibilities between its permitted uses and those of other districts. Accordingly, the standards for these Districts are designed to accommodate intensive industrial uses that generate nuisances, which either cannot be handled by technology or which are nearly impossible to police. Location criteria for these districts focus on transportation, requiring that sites have access to a railroad, an airport or a major highway.
Special District (SD). Special districts are hereby authorized for the purpose of providing optional methods of land development, which encourages imaginative solutions to environmental design problems and provide for a mixture of uses and density of uses with associated open space and amenities. Areas so established shall be characterized by a unified building and site development program (master plan) providing for coordinated open space and architectural treatment. The special districts authorized by this Article are also intended to provide means for the establishment of mixtures of uses, which might otherwise be considered incompatible with one another.
Disposition of Planned Residential District (PR). This district will no longer exist under this Ordinance and no new PR districts will be created. Instead all existing PR district have been redesignated as Special Districts (SD) and will be required to adhere to the requirements of same for future additions or expansions. See Section 606 for Special District Standards.
The following requirements shall apply to the outside storage of merchandise, materials, equipment, and supplies, unless otherwise addressed in this Ordinance, in all zoning districts:
306.01. No outside storage or debris of any kind is to be placed in a public right-of-way in any district. This excludes weekly garbage pickup and monthly brush pickup, provided the Street Department has been contacted and scheduled for a pickup within seven (7) days. It is ultimately the owner's responsibility to keep the right-of-way clear of storage and debris and failure to comply will constitute a violation of this ordinance.
(Ord. No. 2017-4, § 1, 10-2-17)
ESTABLISHMENT OF DISTRICTS
The City of Arab, Alabama is hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district, to implement the Official Zoning Map of Arab, and to serve the other purposes of this Ordinance, which are detailed in Article I.
For the purpose of this Ordinance, all land and water areas in Arab are hereby divided into the following zoning districts:
The boundaries of the zoning districts are as shown on the map entitled "Zoning Map of Arab, Alabama", which, together with all explanatory materials contained thereon, is hereby made a part of this Ordinance and adopted by reference.
At least one official copy of the zoning map shall be maintained in the Planning Office, upon which shall be recorded, after the passage thereof, every amendment to this Ordinance which affects a change in any zoning district boundary. Such official copy of the zoning map shall be attested by the City Clerk, and shall be available at all times for inspection by the general public.
The Planning Office may distribute copies of the zoning map to the general public and other officials, for reference purposes. However, the official copy of the zoning map maintained in the office of the Planning Office, plus official records of the City Clerk regarding actions of the City Council to amend district boundaries shall constitute the only official description of the location of zoning district boundaries, and persons having recourse to this ordinance for any purpose are hereby so notified.
The boundaries of the zoning districts are established as shown on the Zoning Map. Unless otherwise shown on said Zoning Map, the boundaries of districts are platted lot lines, the center lines 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 this Ordinance. The Administrative Officer shall make an interpretation of the Zoning Map of Arab upon the request of any person.
Where any uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official Zoning Map, the following rules shall apply:
A.
Boundaries shown as following, or approximately following, the limits of any municipal corporation shall be construed as following such limits.
B.
Boundaries shown as following, or approximately following, streets shall be construed to follow the centerlines of such streets.
C.
Boundary lines which follow, or approximately follow, platted lot lines or other property lines as shown on the Arab Tax Maps shall be construed as following such lines.
D.
Boundaries shown as following, or approximately following, section lines, half-section lines, or quarter-section lines shall be construed as following such lines.
E.
Boundaries shown as following, or approximately following, railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
F.
Boundaries shown as following, or approximately following, shorelines of any lakes shall be construed to follow the mean high waterlines of such lakes, and, in the event of change in the mean high waterline, shall be construed as moving with the actual mean high waterline.
G.
Boundaries shown as following, or approximately following, the centerlines of streams, rivers, or other continuously flowing water courses shall be construed as following the channel centerline of such water courses taken at mean low water. In the event of a natural change in the location of such streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the channel centerline.
H.
Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in paragraphs 3.5.1 through 3.5.8 above shall be construed to be parallel to, and at such distances from, such features as are shown on the map.
I.
In case any further uncertainty exist after the Administrative Officer's interpretation; where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map; or in other circumstances not covered by the preceding rules, the Planning Commission shall determine the location of district boundaries.
The purpose and intent of the use districts provided for in this Ordinance are as follows.
Agriculture District (AG). This district is intended to provide for low-density residential development while allowing the continuation of agricultural or farm uses. It also serves to correlate growth with utility, service and transportation needs until more intensive urban development is warranted.
Low Density Residential District (R-1). This district is intended to provide for, and protect, the quiet and peaceful character of single-family detached residential development and accessory uses normally necessary and compatible with such development. Regulations that apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for residential dwellings and to discourage encroachment by commercial, industrial or other uses capable of adversely affecting the residential character of the district.
Medium Density Residential District (R-2). This district is intended to provide for medium density single-family detached residential areas permitting development types such as patio and garden homes and other medium density detached dwellings. Certain structures and nonresidential uses required to serve governmental, educational, religious, recreation, and other needs of such areas may be permitted as outright or as conditional uses within the district, subject to restrictions and requirements intended to preserve and protect the residential character of the district.
High Density Residential District (R-3). This district is intended to provide for high density residential areas permitting progressively higher population densities, characterized by duplexes and multiple-family structures such as townhomes and apartments. Certain structures and nonresidential uses required to serve governmental, educational, religious, recreation, and other needs of such areas may be permitted as outright or as conditional uses within such districts, subject to restrictions and requirements intended to preserve and protect the residential character of the districts.
Manufactured Home Park District (MHP). The purpose and intent of the MHP Manufactured Home Park District is to provide appropriate locations for the establishment of manufactured home parks within which space may be leased or rented.
Urban Mix District (UM). It is the intent and purpose of this district to provide areas where a mixture of residential and commercial uses may co-exist. Commercial uses may include retail trade and personal service enterprises and shall be designed to be compatible in both use and appearance to residential development in the same district. This district may also serve as an extension of the Historic Central Business district and may act as a buffer between more intense commercial uses and residential areas. Such district shall generally be located along major arterial and/or collector roadways radiating out from the Historic Central Business district. Commercial uses developed or expanded after the adoption of this Ordinance shall be required to provide landscaping and buffer areas to mitigate the impact of the use on surrounding residential development. All commercial uses developed in this district shall have a residential appearance from the street. Outside and open storage or display is not permitted. All storage and display shall occur entirely within a fully enclosed building.
Office-Institutional District (O-I). This district is intended to provide areas for the development of public, semi-public and private offices; schools, healthcare and child care facilities; places of worship and special residential development. Such uses are supportive of the surrounding residential community and should gain access via an arterial or major collector road. Uses permitted in this district should be in harmony with residential or institutional environments and should serve to transition between residential neighborhoods and more intensive commercial districts or uses. It is intended that buildings be surrounded by landscaped grounds and that signs be limited in size and location to minimize commercial impact.
Neighborhood Commercial (NC). (Local Shopping District) This District is intended for small sites in or near residential neighborhoods. The zone encourages the provision of small scale retail and service uses for nearby residential areas. Some uses which are not retail or service in nature are also allowed so a variety of uses may locate in existing buildings. Uses are restricted in size to promote a local orientation and to limit adverse impacts on nearby residential areas. Development is intended to be pedestrian-oriented and compatible with the scale of surrounding residential areas.
General Business District (GB). This district is intended to be located along arterial roadways which serve higher traffic volumes and are intended for the higher intensity development. Uses in this district are intended to provide goods and services to the City as well as serving the larger trade area. Uses permitted outright or conditionally in this district may include shopping centers, restaurants, and large commercial retail establishments. Because these uses are subject to the public view and are often located at or near City gateways, which is a matter of concern to the entire City, they should provide adequate parking, controlled traffic movement, suitable landscaping and protection for abutting residential areas from the traffic and visual impacts associate with these types of commercial activities.
Historic Downtown District (HD). The purpose and intent of the Historic Downtown District is to promote the preservation of buildings, structures and sites of historic and architectural value within the city. Development and redevelopment within this district should reflect the historic character and scale of existing development. Uses within this district will include both commercial and residential of appropriate type and design to be compatible with existing uses and may be found as individual freestanding, and/or mix used development types. Design and function will play a major role in the review and approval of uses in this district.
Manufacturing Districts (M-1 & M-2). These Districts are intended to accommodate commercial areas that must be segregated, because of negative impacts that cannot be made compatible with other uses through the application of performance standards. The creation of these separate districts for manufacturing/industrial uses recognizes not only nuisances, but also infrastructure and operational incompatibilities between its permitted uses and those of other districts. Accordingly, the standards for these Districts are designed to accommodate intensive industrial uses that generate nuisances, which either cannot be handled by technology or which are nearly impossible to police. Location criteria for these districts focus on transportation, requiring that sites have access to a railroad, an airport or a major highway.
Special District (SD). Special districts are hereby authorized for the purpose of providing optional methods of land development, which encourages imaginative solutions to environmental design problems and provide for a mixture of uses and density of uses with associated open space and amenities. Areas so established shall be characterized by a unified building and site development program (master plan) providing for coordinated open space and architectural treatment. The special districts authorized by this Article are also intended to provide means for the establishment of mixtures of uses, which might otherwise be considered incompatible with one another.
Disposition of Planned Residential District (PR). This district will no longer exist under this Ordinance and no new PR districts will be created. Instead all existing PR district have been redesignated as Special Districts (SD) and will be required to adhere to the requirements of same for future additions or expansions. See Section 606 for Special District Standards.
The following requirements shall apply to the outside storage of merchandise, materials, equipment, and supplies, unless otherwise addressed in this Ordinance, in all zoning districts:
306.01. No outside storage or debris of any kind is to be placed in a public right-of-way in any district. This excludes weekly garbage pickup and monthly brush pickup, provided the Street Department has been contacted and scheduled for a pickup within seven (7) days. It is ultimately the owner's responsibility to keep the right-of-way clear of storage and debris and failure to comply will constitute a violation of this ordinance.
(Ord. No. 2017-4, § 1, 10-2-17)