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Bessemer City Zoning Code

SECTION 4.

USE REGULATIONS FOR RESIDENTIAL DISTRICTS

Sec. 4.1.- R-1 Single-family district.

(1)

Generally. To provide for low density single-family housing free from other uses which are incompatible with the character of this district.

(2)

Permitted uses.

(a)

Detached single family dwellings and accessory structures.

(3)

Uses permitted on review.

(a)

Child-care center.

(b)

Church.

(c)

Community Center, YMCA, YWCA.

(d)

Fire station, police station.

(e)

Home occupation.

(f)

Outdoor recreation facilities such as park, golf course, tennis courts, swimming pool for private residences.

(g)

Public elementary or high school, or parochial or private school having comparable curriculum, not including dormitories.

(h)

Clubhouse, support and maintenance buildings as part of an overall planned development.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

Sec. 4.2. - R-2 Single-family residential district.

(1)

Generally. To provide for single-family housing free from uses which are incompatible with the character of this district.

(2)

Permitted uses.

(a)

Detached single-family dwellings and accessory structures.

(3)

Uses permitted on review.

(a)

Any use permitted on review in an R-1, Single-family district.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

Sec. 4.3. - R-3 Single-family/two-family residential district.

(1)

Generally. To provide for single-family housing and two family housing free from uses incompatible with the character of this district.

(2)

Permitted uses.

(a)

Detached single-family dwellings and accessory structures.

(3)

Uses permitted on review.

(a)

Any use permitted on review in an R-2, Single-family district.

(b)

Duplex residential units.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulation section.

Sec. 4.4. - R-3-A Patio home/garden home district.

(1)

Generally. To provide for smaller lot single/family residential uses, free from incompatible non-residential uses.

(2)

Permitted uses.

(a)

Any use permitted in the R-2 Estate district.

(b)

Two-family dwellings.

(c)

Semi-attached dwellings.

(d)

Garden homes/zero lot line patio homes.

(3)

Uses permitted on review.

(a)

Any use permitted on review in R-1 Residential district.

(b)

Townhouses.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading section.

(c)

See sign regulations section.

Sec. 4.5. - R-3-B Townhouse district.

(1)

Generally. To provide for townhouse development.

(2)

Permitted uses.

(a)

Any use permitted in R-3-A.

(b)

Townhouses.

(3)

Uses permitted on review.

(a)

Any use permitted on review in R-1 district.

(4)

District regulations.

(a)

See district development criteria.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

Sec. 4.6. - R-4 Multi-family residential district - low density.

(1)

Generally. To provide for low density, multi-family residential areas in which open space and compatibility with single-family neighborhoods are considerations, permitting selected non-residential uses which are compatible with the character of this district.

(2)

Permitted uses.

(a)

Multi-family dwelling units and accessory structures.

(b)

Detached single-family dwellings.

(c)

Two-family dwellings.

(d)

Condominium.

(e)

Townhouses.

(f)

Garden homes.

(3)

Uses permitted on review.

(a)

Any use permitted on review in an R-3 district.

(b)

Communal living facility.

(c)

Accessory or commercial/special facilities if compatible with overall development plan.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

Sec. 4.7. - R-5 Multi-family district - medium density.

(1)

Generally. To provide for medium density, multi-family residential areas in which open space and compatibility with single-family neighborhoods are considerations, permitting selected non-residential uses which are compatible with the character of this district.

(2)

Permitted uses.

(a)

Multi-family dwelling units and accessory structures.

(b)

Detached single-family dwellings.

(c)

Two family dwellings.

(d)

Condominium.

(e)

Townhouses.

(f)

Garden homes.

(3)

Uses permitted on review.

(a)

Any use permitted on review in an R-3.

(b)

Lodge, fraternal organizations, non-commercial club not operated for a profit.

(c)

Communal living facility.

(d)

Accessory or commercial/special use if compatible with overall development plan.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

Sec. 4.8. - R-6 Planned residential district.

(1)

Generally. The purpose of this district is to provide for the flexible and orderly arrangement of large planned residential areas designed as a single unit in a manner consistent with the provisions of this section. The owner or owners of a tract of land may submit a petition for the establishment of such a district provided the tract of land is five or more acres in area, or less than five acres as a special exception, shall submit a plan for the development of the tract to the Bessemer Planning and Zoning Commission for review and approval in accordance with the provisions of this section.

(2)

Permitted uses. The use of each building and/or premises shall be in accordance with the development plan referred to in subsection 1 [(1)], and shall be limited to the following:

(a)

Any use allowed in the R-1 district.

(b)

Two-family dwelling.

(c)

Multiple family dwelling; provided, however, that no building or accessory structure shall be located closer than twenty-five feet to any single family residence district boundary.

(d)

Attached and semi-attached single family dwellings.

(e)

Condominiums (residential).

(f)

Townhouses.

(g)

Garden homes.

(3)

Uses permitted on review.

(a)

Any use permitted on review in an R-3, Single-family district.

(b)

Health care facility.

(c)

Lodge, fraternal organizations, non-commercial club not operated for a profit.

(d)

Boarding house.

(e)

Accessory commercial/office uses compatible with overall development plan.

(4)

District regulations. The area and dimensional regulations set forth in this section shall be observed as well as:

(a)

See district development criteria section.

(b)

See district parking and loading requirements section.

(c)

See sign regulation section.

(5)

Development plan requirements. In order to prevent adverse environmental impacts and to achieve a compatible relation among uses covered in subsection 2 [(2)] above and with the land use suitability of surrounding properties and nearby zone districts, as well as the surrounding transportation network, any owners of lands included in this district shall concur in an overall site development plan to be reviewed and considered for approval by the Bessemer Planning and Zoning Commission prior to any grading, clearing, site improvements or issuance of related permits. All owners of property petitioning for establishment of a new R-6 district shall submit an acceptable development plan for Bessemer Planning and Zoning Commission approval prior to adoption by the City of Bessemer. Any district may be phased over a reasonable period of time. Final site development plans may be postponed for portions of the parcel scheduled for completion after the first five acres. However when phased, the whole district must be covered by a more generalized conceptual design for ultimate development which may be tentative, but must include a viable timetable for completion of each sector, with sufficient information to judge internal and external impacts. The site development plan shall include:

(a)

Maps indicating:

1.

The direction of north, appropriate scale and topography in not greater than two foot contour intervals.

2.

The proposed locations and heights of all structures and site improvements.

3.

The use of all structures and premises.

4.

The areas and proportionate amount of parking to be developed.

5.

The location of streets, driveways and walks, including all points of ingress and egress and access streets.

6.

All service areas and loading spaces.

7.

Location and areas of illumination of all exterior lighting.

8.

The location, size, number and character of all exterior signs.

9.

The location, character and extent of all recreation, open spaces, beautification features, and landscaping, fences, retaining and screen walls and other treatment for the protection of adjoining property.

10.

The facilities planned for sanitary sewers or treatment and surface drainage of the premises.

11.

A grading plan showing original and finished slopes, means of stabilization and relation to flood plains, drainage ways, wetlands, subsurface conditions and soil suitability.

(b)

A traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing excessive congestion or hazards or objectionable volumes of traffic on residential streets.

(c)

A comprehensive independent market analysis, if requested by the City of Bessemer or Bessemer Planning and Zoning Commission, on the needs to be served and the general economic justification.

(d)

A copy of any proposed subdivision plats, new streets, other easements, and deed restrictions including any third party covenants to be recorded, and the legal treatment and responsibility for maintenance of any public or common grounds or spaces.

(6)

Review and approval of plans. The Bessemer Planning and Zoning Commission shall review, approve in part or whole, or disapprove, setting forth its reasons therefor, all conceptual designs and any site development plans for R-6 districts initiated or recommended for adoption by the City of Bessemer without an original plan, in the case of initial zoning of annexed territory. The Bessemer Planning and Zoning Commission shall also review, and approve or disapprove all other site development plans involved in rezoning requests or subsequent plan amendments. After due notice and hearing of all interested parties, and consideration of analyses or recommendations by its staff, the Bessemer Planning and Zoning Commission shall judge the acceptability of varied elements of the plan in close conformity with the following criteria to:

(a)

Minimize traffic congestion, conflicting movements, hazards, clutter or glare interfering with drivers' visibility of streets, drives and sight lines around corners, also accommodating emergency vehicles, and protecting pedestrian ways and avoiding the attraction of customer or truce traffic through local residential frontage streets;

(b)

Ensure longterm adequacy of grading, storm drainage, sanitary sewers, other utilities and improvements, particularly preventing landslides, erosion, sedimentation, flooding and similar problems on subject property and nearby parcels of land in accordance with the City of Bessemer;

(c)

Minimize activity conflicts, and environmental degradation, while maximizing a compatible interrelating of uses and economical development through shared access, parking, utility easements, service areas, clustering, etc.;

(d)

Preserve historic or significant places, scenic features, steep slopes, or drainageways, and create effective natural, planted and man-made buffers of sufficient height, density and width to screen objectionable on-site noise, vibration, smoke, dust, fumes, odor, heat, glare or visibility from adjacent, less intensive uses and particularly residential development and zones. Once a site development plan has been approved, no work shall be done and no permits shall be issued except in accordance with said plan. No certificate of occupancy shall be issued until all site improvements as required by an approved site development plan are completed.

(7)

Delay in construction. In the event that construction in accordance with the originally approved development plan has not begun within two years from the date of its approval, the development plan shall expire and become null and void. If less than 25% of the site improvements have been installed within 18 months after issuance of a permit to begin construction, the site development plan shall expire and become null and void.

Sec. 4.9. - R-7 Estate residential district.

(1)

Generally.

(a)

To provide for large lot single-family uses.

(2)

Permitted uses.

(a)

Single family residences and accessory uses.

(3)

Uses permitted upon review.

(a)

Farm structures.

(b)

Riding academies.

(c)

Churches.

(d)

Home occupations.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements section.

(c)

See signage regulations section.

Sec. 4.10. - R-8 Rural residential district.

(1)

Generally. To provide for unique development equal in density to R-2 but which retain rural landscape.

(2)

Permitted uses.

(a)

Single family residences and accessory structures, provided overall density of development is no greater than R-2.

(3)

Uses permitted on review.

(a)

Garden homes.

(b)

Townhouses.

(c)

Condominiums.

(d)

Uses permitted in R-3.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements section.

(c)

See signage regulations section.

(5)

Development plan requirements.

(a)

A development shall be approved as prescribed elsewhere in the ordinance.