(1)

This ordinance shall be known, cited and referred to as the "Zoning Ordinance of the City of Bessemer, Alabama."

(1)

Authority for this ordinance is provided under the provisions of volume 10, title 11, chapter 52, article 4, Code of Alabama, 1975 (Code of Ala. 1975, vol. 10, tit. 11, ch. 52, art. 4 [Code of Ala. 1975, § 11-52-70 et seq.]), as amended and supplemented by all applicable laws and said regulations governing:

(a)

The establishment of districts within the corporate limits of Bessemer, Alabama, and;

(b)

The regulation within such districts of the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards and other open spaces, the density of population and the use of buildings, structures and land, and;

(c)

The replacement of all existing zoning ordinances, and;

(d)

The provision of methods for administration of this ordinance and penalties thereof, as hereby adopted by the city council of the City of Bessemer.

(1)

To promote public health, safety, morals and general welfare.

(2)

To provide for the orderly development and growth of Bessemer.

(3)

To avoid congestion on the public roads and streets.

(4)

To conserve life, property and natural resources and the expenditure of funds for public improvements and services.

(5)

To enhance the quality of life to benefit the general public.

(6)

To promote economic development that is essential to the city's growth.

(7)

To continually improve the appearance/environment of the city, consistent with the city's growth and economic development.

(1)

For the purposes herein stated, the City of Bessemer 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, uses 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, signage and displays.

(2)

For the purpose of this ordinance, the City of Bessemer is hereby divided into the following districts:

(a)

Residential districts

1.

R-1 Single-family district

2.

R-2 Single-family residential district

3.

R-3 Single-family/two-family residential district

4.

R-3A Patio home/garden home district

5.

R-3B Townhouse district

6.

R-4 Multi-family residential low density

7.

R-5 Multi-family residential medium density

8.

R-6 Planned residential district

9.

R-7 Estate residential district

10.

R-8 Rural residential district

(b)

Commercial districts

1.

O-1 Office services district

2.

C-1 Neighborhood commercial district

3.

SC-1 Neighborhood shopping center district

4.

C-2 Central business district

5.

C-3 Community business district

6.

C-4 Arterial services district

7.

C-5 General business district

8.

C-6 Planned shopping district

9.

C-7 Health and institutional district

(c)

Industrial districts

1.

I-1 Light industrial district

2.

I-2 Heavy industrial district

3.

I-2-A Industrial district

4.

I-3 Industrial district

5.

I-3-S Strip mining district

6.

I-4 Industrial park district

7.

I-5 Sanitary sewage disposal district

8.

I-5-A Waster water treatment district (private)

9.

I-0 Obnoxious odors district

10.

HW-1 Hazardous waste district

11.

I-6 Planned industrial district

(d)

Specialty districts

1.

A-1 Agricultural district

2.

MXD Mixed-use district

3.

PRD Planned recreational district

4.

INST-1 Institutional district

5.

INST-2 Institutional district

6.

INST-3 Institutional district

7.

U-1 Utilities district

8.

AP Airport district

9.

MS Mobile home subdivision district

10.

MP Mobile home park district

11.

AE Adult entertainment district

12.

OA Outdoor amusement district

13.

CEM-1 Cemetery district

14.

CEM-2 Pet cemetery district

15.

HZ Holding zone

(1)

The map referred to herein shall be identified by the title Zoning Map of Bessemer, Alabama, and is hereby adopted and made a part of this ordinance.

(2)

The zoning map will be dated and further identified by the signature of the mayor of Bessemer and attested by the city clerk.

(3)

The zoning map shall apply only to land within the City of Bessemer.

(4)

Unless otherwise shown on said zoning map, the boundaries of districts are 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 exist at the time of enactment of this ordinance. When establishing new zoning district boundaries, a parcel of land must be of one zoning classification unless subdivided into separate lots/tracts and zoned by individual tracts.

(5)

The zoning map shall be kept and maintained by the building and inspection service department and will be available for inspection and examination by members of the public at all reasonable times as any other public record.

(1)

No structure shall be constructed, erected, placed or maintained and no land use commenced or continued within the City of Bessemer except as specifically or by necessary implication, authorized by this ordinance.

(2)

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

(3)

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

(4)

The minimum building lines, parking spaces, open spaces and lot areas required by this ordinance for each existing building or for any building hereafter erected, shall not be encroached upon nor reduced.

(5)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building and one main use on one lot. Accessory structures shall not include living quarters; neither will sanitary facilities or separate electrical services be permitted in accessory structures without the approval of the Bessemer Board of Zoning Adjustment.

(6)

Temporary structures important to construction work may be permitted for use in any district during the period that construction work is in progress, but such temporary buildings shall be removed upon completion or abandonment of the construction work.

(7)

Utility structures including, but not limited to, poles, wires, cross arms, 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 pipe lines, 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 within any district within the city. This is not to be construed to include the erection or construction of buildings, nor the erection or construction of radio, television, cellular communication towers, all of which are permitted in any non-residential or central business zone district subject to the approval of the board of adjustment.

(1)

Intent.

(a)

Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures and uses of land and be structures, which were lawful when established, but which would be prohibited or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. 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.

(2)

Continuance.

(a)

A nonconforming use lawfully existing at the effective date of this ordinance may be continued, except as hereafter provided, although such use does not conform with the provisions of this ordinance.

(3)

Restoration of safe condition.

(a)

Nothing in this ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

(4)

Restoration after damages.

(a)

Other than detached single family dwellings, no nonconforming building or structure which has been damaged by fire or other causes to the extent of more than 50 percent of its current replacement value prior to the time of such damage, shall be rebuilt or restored except in conformity with the provisions of this ordinance.

(5)

Abandonment.

(a)

A nonconforming use which has been discontinued for a continuous period of one year shall not be reestablished, and any future use shall be in conformity with the provisions of this ordinance.

(6)

Change in use.

(a)

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.

(7)

Nonconforming residential lots.

(a)

Where a lot of record at the time of the effective date of this ordinance has less area or less width than herein required for the district in which it is located, said lot may nevertheless be used as a building site upon the approval by the building and inspections department provided that the side yard requirements are met.

(1)

Property annexed by the City of Bessemer shall be zoned by the city council prior to the issuance of a building permit. A temporary holding zone (HZ) classification may be established for this purpose. Should such zoning not be established by the city council, the property shall be considered as if zoned in accordance with its previous county zoning. Annexed property shall have a permanent zoning classification within 180 days of the annexation date.

(2)

The planning and zoning commission shall recommend the type of zoning for annexed property in accordance with the provisions of section 2.11.

(1)

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