Except as hereinafter provided, the following shall generally apply:

7.11 Use. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is or is to be located.

7.111 Mobile Homes. Mobile homes shall not be permitted in any district except as specified hereafter, and the city council shall not spot zone individual lots in other districts for mobile home use; except that a mobile home or other structure may be used temporarily as a construction shack in any district but must be removed immediately upon completion of the construction. Mobile homes that have been grandfathered on individual lots may be replaced in the event that they become unsafe, unsanitary, or become destroyed by fire or storms.

7.112 Modular Structures. Modular structures may be used for any uses permitted in the B-3, M-1 and M-2 districts, subject to the same setback, landscaping and other requirements set forth in this ordinance.

7.12 Building Heights. No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located except as otherwise provided in this ordinance.

7.121 Height Exceptions. The height limits for the various districts shall not apply to church spires, belfries, cupolas, penthouses, or domes not used for human habitation, nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, radio and television transmitting and receiving antennas, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to that height necessary for their proper functioning.

7.13 Lots. No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side or rear yard, inner or outer courts, lot area per family or other requirements of this ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for public use.

7.14 Yards. No part of a yard or other open space required for any building for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such projections shall not extend more than two (2) feet beyond the yard area requirements.

7.15 Multifamily. All multifamily dwellings intended for occupancy by three (3) or more families shall have planning commission approval of site plans prior to issuance of the building permit.

7.151 Site plans shall be submitted no less than ten (10) days prior to the meeting at which they are to be reviewed.

7.152 Site plans shall be the same as those submitted to the building inspector and at the least shall contain an accurate plot plan drawn to scale showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines, within which the proposed buildings and structures shall be erected or altered, the existing and intended use of each building or part of building, the number of families or housekeeping units the building(s) is/are designed to accommodate, the topography, the proposed drainage system, the zone or intended zone for the use proposed, the names of streets adjoining said property, and such other information as may be necessary to determine and provide for the enforcement of this ordinance.

7.16 One Principal Building on Lot. Every residential building, including hotels, motels, condominiums, single-family and multifamily dwellings, and duplexes hereafter erected or moved shall be located on a lot, and in no case shall there be more than one (1) principal residential building on a lot except as follows:

7.161 In any district where multifamily structures, motels, or hotels are permitted, two (2) or more such residential structures may be permitted on a lot provided that no building shall be located closer to another building on the same lot than a distance equal to half the sum of the heights of both buildings. In flood hazard areas identified on the National Flood Insurance Rate Maps, the height of a building shall be measured from the floor level of the first habitable story for purposes of this section. In addition, the front or rear of any building may be no closer to the front or rear of any other building than forty (40) feet. The side of any building shall be no closer to the side, front or rear of any other building than thirty (30) feet.

7.162 On residential lots of one (1) acre or more, a building permit may be issued for an accessory structure containing living quarters for servants, including kitchen facilities, provided that such accessory structure is compatible in design with the principal residential structure and meets the setback and other requirements of the zoning district in which it is located.

7.17 Residential Uses in Business District. Residential uses established in any business district must comply with the minimum requirements set forth in Article IX.

(Ord. No. 96-1210, 12-10-96)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the official zoning map, the following rules shall apply:

7.21 Unless otherwise indicated, the district boundaries are indicated as approximately following property lines, land lot lines, centerlines of streets, highways, alleys, shorelines of streams, reservoirs, or other bodies of water, or civil boundaries, and shall be construed to follow such lines, as shown on the current Escambia County Property Ownership Maps; except that, where a parcel is exceptionally large or deep, the boundary line shall not be greater than the average depth of other lots on the same block.

7.22 Where district boundaries are approximately parallel to the centerlines of streets, highways, or railroads, streams, reservoirs, or other bodies of water, or said lines extended, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map.

7.23 Where district boundary lines as appearing on the official zoning map divide a lot which is in single ownership at the time of this enactment, the use classification of the larger(est) portion may be extended to the remainder by the planning commission without recourse to amendment procedure.

7.24 Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

7.25 In case the exact location of a boundary cannot be determined by the foregoing methods, the board of adjustment shall upon application, determine the location of the boundary.

It is the intent of this ordinance to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is also the intent of this ordinance to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights. Any structure or use of land existing at the time of the enactment of this ordinance and amendments thereto, not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

7.31 Unsafe Structures. Any structure or portion thereof declared unsafe by any authority may be restored to a safe condition, provided the requirements in this section are met.

7.32 Alterations. Any change in a nonconforming building site or yard area is subject to the following:

7.321 Any improvements, alterations, repairs or installation of new fixtures or equipment for an existing nonconforming structure may be accomplished by the owner of the structure upon obtaining the proper permits from the city inspection department; provided that such improvements will not be detrimental to the area, will not increase the nonconformity, and will, in all other respects, meet the requirements of the district.

7.322 Should a nonconforming building be moved, all nonconforming yard areas shall be eliminated.

7.323 A nonconforming use of land shall be restricted to the lot occupied by such use as of the effective date of this ordinance. A nonconforming use of a building or buildings shall not be extended to include either additional buildings or land after the effective date of this ordinance.

7.324 A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the board of adjustment. Such damaged or destroyed structures that are not longer in use shall be removed and the site cleared at the owner's expense.

7.33 Change in Use. A nonconforming use which is changed to a conforming use shall not be permitted to revert to the original or a less restrictive use.

7.34 Discontinuance. A nonconforming use which became such upon the adoption of this ordinance and which has been discontinued for a continuous period of one (1) year shall not be re-established and any future use shall be in conformity with the provisions of this ordinance.

7.35 Adjacent Land. The presence of a nonconforming use in a zoning district shall not be allowable as legal grounds for the granting of variances or zoning amendments for other surrounding properties by the board of adjustment.

7.36 Access to Public Streets. Access to public streets shall be maintained in accordance with the following requirements:

7.361 Each principal use shall be placed on a lot or parcel which provides frontage on a public street having a right-of-way of not less than fifty (50) feet, except where existing public rights-of-way are less than fifty (50) feet.

7.362 Any additional dwelling shall have access to a public street by means of a passageway open to the sky at least fifteen (15) feet in width.

7.37 Lots of Record. Where the owner of a lot of record or his successor to the title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, the following exceptions may be allowed:

7.371 Where a lot, tract or parcel of land has an area or width that does not conform to the requirements of the district in which it is located, said lot may be used for a single-family dwelling in any residential district, provided the lot to be so used has a minimum area of four thousand (4,000) square feet and a minimum lot width at the building line of forty (40) feet, provided it is located on a public sewer. In commercial and industrial districts, uses compatible with the district may be allowed by the planning commission.

7.372 When two (2) or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of application and such lots have a frontage or lot area less than is required by the use district in which they are located, such lots shall be platted or reparcelled so as to create one (1) or more lots which conform to the minimum frontage and area requirements of the use district.

7.38 Yard Requirements. Yard requirements shall be modified subject to the following conditions:

7.381 On double frontage lots, the required front yard shall be provided on each street.

7.382 Whenever a rear or side property line of a lot abuts upon an alley, one-half of the alley width shall be considered as a portion of the required yard.

7.383 An unroofed porch shall not project into a required front yard for a distance exceeding five (5) feet.

7.384 On substandard lots of record, the front, side and rear setbacks may be less than required in this ordinance; provided that, no front setback shall be less than the average setback of the existing developed lots on the same block and on the same side of the street; no side setback shall be reduced to less than five (5) feet; and no rear setback shall be reduced to less than fifteen (15) feet. The amount of reduction up to these limits shall be determined by the building inspector in consideration of the lot size and the size of the proposed structure.

7.385 The setback requirements for side yards and/or front yards on corner lots shall not apply to any lot where the average setback on residentially developed lots located, wholly or in part, one hundred (100) feet on each side of such lot and within the same block and zoning district and fronting on the same streets as such lot, is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the existing setbacks on the existing developed lots.

7.41 In any commercial or industrial district, any operation not conducted within a building, such as drive-in businesses, outdoor recreation, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than six (6) feet in height where necessary to conceal such areas or facilities from a residential district adjoining or facing across a street in the rear or on the side of the principal building or use.

7.42 In any district where reference is made requiring adequate screening of a specified operation, such screening shall be a wall or fence of solid appearance or tight evergreen hedge not less than six (6) feet in height.

7.43 Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, and shall be so situated as not to reflect directly into any public right-of-way.

7.44 All screening, lighting, space, etc., shall be in good condition and appearance. The building inspector may cause to be removed, replaced, repaired or corrected at the owner's expense, any screening, lighting and space improperly maintained.

Owners, particularly developers of the larger paved areas such as those in connection with apartment complexes, shopping centers, etc., shall be responsible for increased runoff resulting from these developments which cause flood damage to neighboring property. The building inspector shall, in consultation with the city engineer, determine that reasonable provisions for properly handling surface drainage have been made in the applicant's design, and report these findings for the planning commission's consideration in acting on building applications. If such reasonable provisions are not made in the applicant's design, the planning commission shall make such remedies as may be available to the applicant as a condition of the building permit issuance.

Where more than one (1) acre of land will be disturbed for construction purposes, owners shall be required to comply with the regulations set forth in Article XVII, Erosion and Sediment Control of this ordinance.

In areas where there are no sewerage facilities, septic tanks may be used in accordance with current regulations of the Alabama Department of Public Health and the Escambia County Health Department.

Where subdivisions, lots, or parcels exist which have already been recorded or which will be recorded with deed restrictions or other such restrictive covenants, such restrictions and covenants shall apply if they are more stringent than the requirements of this ordinance; otherwise, the requirements of this ordinance shall apply.

Any use of buildings or land existing on the date of adoption of this ordinance and not in compliance with its provisions, unless elsewhere restricted by other provisions of this ordinance, shall be allowed to continue as a nonconforming use. Any land development projects in Escambia County within the territorial and legal authority of this ordinance that are not located in a district designated for their intended use may be permitted to continue provided that:

7.91 The project was under construction prior to the date of adoption of this ordinance. For the purposes of this section, under construction shall mean that a legal building or construction permit has been issued and that actual construction has been or will be started within the initial period of validity of the permit, exclusive of any time extensions.

7.92 The city reserves the right to require compliance with the requirements of this ordinance for districts in which similar uses are permitted; and

7.93 Other conditions may be required by the city due to the unique circumstances of the land.

Developments or individual lots in all districts must connect to public or private community water and sewer and gas systems where such systems border any development or lot lines or are reasonably available and the appropriate utility has the capacity to provide the service; otherwise, lots must meet the minimum size requirements of the health department, for on-site wells and/or septic systems. Existing private wells and septic systems that are functioning properly and meet the health department requirements may continue to be used.

7.101 It is the intent of this ordinance to eliminate by attrition all existing private wells and septic systems in areas where public or private community water and sewer systems are available. Therefore, at such time as any private well or septic system fails to function properly or must be replaced, the owner must connect to the public or private community water and sewer system where such systems border any development or lot line or are reasonably available and the appropriate utility has the capacity to provide the service.