DEFINITIONS
For the purpose of this zoning ordinance, certain terms used in this ordinance shall have the meanings defined by this article. In the event a term is not listed in this article or is not defined elsewhere in this ordinance, the conventional meaning of the term shall apply.
The Building Inspector is authorized to make a final determination of the meaning of any term used in this ordinance. In Case of any dispute, an appeal of the Building Inspector's determination may be filed with the Zoning Board of Adjustment.
In the interpretation of this zoning ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise.
1.
Words used or defined in one tense or form shall include other tenses and derivative forms.
2.
Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
3.
The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
4.
The word shall is mandatory, and the word may is permissive.
5.
The word person includes an individual, firm, association, organization, partnership, trust, company, or corporation.
The following general terms when referred to in this ordinance shall have the meanings defined by this section:
ABUT, ADJACENT, ADJOIN OR CONTIGUOUS. To physically touch or border upon; or to share a common border with or be separated from the common border by an easement.
ACCESS. A way or means of approach to provide physical entrance to a property.
ACCESSORY STRUCTURE. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
ACCESSORY USE. A use of land or of a building or portion thereof commonly associated with and integrally related to the principal use of the land or building on the same lot and which constitutes a customarily incidental and substantial part of the total activity on the lot.
ACRE. A measure of land area containing 43,560 square feet.
ADDITION. A structure added to the original structure at some time after completion of or after a certificate of occupancy had been issued for the original structure.
ALLEY. A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
APPLICANT. A person submitting an application for development, a variance, a special exception use, or rezoning.
BEDROOM. A room marketed, designed, or otherwise intended to function primarily for sleeping.
BOARD OR BOARD OF ADJUSTMENT. The Zoning Board of Adjustment of Clanton, Alabama.
BOARDER. An individual other than a member of the family occupying the dwelling unit or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.
BUFFER. A strip of land that is retained in an undeveloped state for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, reducing the effects of adjacent lighting and enhancing the natural environment. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls or earth berms.
BUILDING. A structure designed to be used as a place of occupancy, storage, or shelter.
BUILDING, ACCESSORY. A subordinate building detached from a principal building on the same lot which is used incidentally to a principal building or that houses an accessory use.
BUILDING, PRINCIPAL. The primary building on a lot or a building that houses a principal use.
BUILDING, FRONT. The exterior wall of a building which faces a front lot line of the lot.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof.
BUILDING LINE OR BUILDING SETBACK LINE. A line generally parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located.
BUILDING SPACING. The minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices, and gutters.
CARPORT. A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CITY. Shall mean the City of Clanton, Alabama.
COMMISSION OR PLANNING COMMISSION. The Planning Commission of Clanton, Alabama.
CONDOMINIUM. An ownership arrangement, not a land use. It is allowed in any district and under the same restrictions as the land uses that it comprises. It is characterized by private ownership of individual units and undivided common ownership and maintenance of designated exterior and interior spaces by a condominium association of unit owners.
COUNCIL OR CITY COUNCIL. The City Council of Clanton, Alabama.
DENSITY. The maximum number of dwelling units per acre of site area.
DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, alteration, relocation, or enlargement of a structure; any mining, dredging, fitting, grading, paving, excavation, drilling, or disturbance of land; and any use or extension of use of land.
DWELLING. Any building or portion thereof, which is designed and used for residential occupancy.
DWELLING, ATTACHED. Three (3) or more dwelling units adjoining one another by a common roof, wall or floor, such as a townhouse or apartment.
DWELLING, DETACHED. A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, such as a single-family residence, mobile home, or patio home.
DWELLING, MULTI-FAMILY. A building containing two (2) or more dwelling units on 1 commonly shared lot, such as a duplex or apartment.
DWELLING, SEMI-DETACHED. Two (2) dwelling units adjoining one another by a common roof, wall, or floor, such as a duplex or twin townhouses.
DWELLING, SINGLE-FAMILY. A dwelling unit on an individual lot, such as a single family residence, garden home, mobile home/manufactured home or townhouse.
EASEMENT. Authorization by a property owner of the use by another and for a specified purpose of a designated part of his property.
FAMILY. One (1) or more persons living together as a single housekeeping unit.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
IMPROVEMENT. Any man-made, immovable item which becomes a part of, placed upon, of affixed to real estate.
LIVABLE FLOOR AREA. Any floor area within a dwelling usable for any combination of sleeping, eating, cooking, recreation, or working purposes.
LOT. A parcel of land in one ownership, used, or set aside and available for use, as the site of one or more buildings and accessory buildings, or for any other purpose.
LOT, CORNER. A lot abutting two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE OR THROUGH. A lot having frontage on two (2) streets but not at their intersection.
LOT, INTERIOR. A lot other than a corner lot.
LOT, REVERSE FRONTAGE. A double frontage lot having a rear Yard on a major street and a front yard and access to a local or marginal access street.
LOT AREA OR LOT SITE. The minimum area contained within the property of the individual parcels of land shown on a subdivision plat or survey. Lot area excludes any area within an existing or future street right-of-way or any area devoted to common open space.
LOT FRONTAGE. Lot width measured at the street line. When a lot has more than one (1) street line, lot width shall be measured, and the minimum lot width required by this Ordinance shall be provided at each such line.
LOT LINE. A line bounding a lot which divides one (1) lot from another or from a street or from any other public or private space.
LOT LINE, FRONT. In the case of a lot abutting only one street, the street line separating such lot from such streets shall be the front lot line; in the case of a double frontage lot, or a corner lot, each street line separating such lot from a street shall be the front lot line.
LOT LINE, REAR. That lot line which is parallel to and most distant from the front line of the lot. In the case of an irregular or triangular 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. In the case of corner lot or a double frontage lot, there are no rear lot lines but only front and side lot lines.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. Any validly recorded lot, which at the time of its recording, compiled with all applicable laws, ordinances, and regulations.
LOT WIDTH. The minimum distance measured between the side lot lines at the required building setback line. In the case of only one side lot line, lot width is the distance measured between the side lot line and the opposite lot line.
MODULAR HOME. A dwelling constructed on-site in accordance with the Standard Building Code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home is not a manufactured home in that the latter is constructed in a plant in accordance with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development and DOES NOT meet the construction standards of the Standard Building Code.
NONCONFORMITIES. Lawful uses, lots, structures or characteristics of uses which, as a result of adoption of subsequent amendment to this ordinance, no longer conform to all applicable zoning provisions.
NURSING CARE FACILITY. A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital, but at a higher level than provided in a domiciliary care facility.
OPEN SPACE, COMMON. Land area within a residential development that is held in common ownership and maintained by a homeowners' association for all of the residents for recreation, protection of natural land features, amenities, or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this ordinance to ensure that it remains in such uses. Common open space does not include surface water bodies (i.e., rivers, streams, lakes or ponds) nor land occupied by non-residential buildings, common driveways or parking areas or street rights-of-way; nor does it include lots for single-family or multi-family dwellings. Common open space shall be left in a natural state or landscaped, except in the case of residential structures.
OUTDOOR STORAGE. The keeping, in an unenclosed area, of any goods, materials, merchandise, or vehicles in the same place for more than forty-eight (48) hours.
OWNER. The person or persons having the right to legal title to, beneficial interest in, or contractual right to purchase a lot or parcel of land.
PERIMETER. The boundaries or borders of a lot, tract, or parcel of land.
PORCH. A roofed open area, which may be windowed or screened, attached to and with direct access to or from a building. A porch becomes a room within the building when heated or air conditioned or when the walled area is less than 50% windowed or screened.
PREMISES. A lot, parcel, tract or plot of land together with the structures thereon.
PROPERTY LINE. The lot line or boundary line.
RETAIL. The provision of services or the sale of goods and merchandise to the public at large for personal or household use or consumption.
SATELLITE DISH ANTENNA. An accessory structure designed to receive television broadcasts relayed by microwave signals from earth orbiting communication satellites.
SCREEN. To visually shield or obscure one abutting or nearby structure or use from another by opaque fencing, walls, berms, or densely-planted vegetation.
SIGHT TRIANGLE. A triangular-shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SITE. A parcel or parcels of land intended to have one (1) or more buildings or intended to be subdivided into one (1) or more lots.
SITE AREA. minimum land area required to qualify for a particular use or development. Site area is taken from an actual site survey and excludes:
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land within an existing or future street right-of-way, or utility right-of-way or easement;
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land which is not contiguous or is cut off by a major barrier;
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land which is part of a previously-approved development; and
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land which is zoned for another use.
SPECIAL EXCEPTION USE. A use which is permitted subject to a special exception use permit being granted by the Zoning Board of Adjustment, and further subject to appropriate permits being issued in accordance with the provisions of this ordinance.
STREET. Any vehicular way which has been dedicated to the public for public use, including all land within the right-of-way.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. All buildings are structures but not all structures are buildings.
SUBDIVISION. The division of a lot, tract, or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Such term includes resubdivision of land, and when appropriate to the context, relates to the process of subdivision or to the land or territory subdivided.
TERRACE. A level, landscaped or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.
THIS ORDINANCE. The Clanton Zoning Ordinance.
TRAVEL TRAILER. A structure that is intended to be transported over the streets, either as a motor vehicle or attached to or hauled by a motor vehicle and is designed for temporary recreational use as sleeping quarters but that does not meet the definitional criteria of a mobile home.
USE. The activity or function that actually takes place or is intended to take place on a lot or site.
VARIANCE. A relaxation or waiver of the terms of this ordinance (other than use provisions) as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, as determined by the Zoning Board of Adjustment.
YARD. A minimum open area unobstructed from the ground up on the same lot with a structure, extending along a lot line and inward to the structure. The yard shall be measured as the shortest distance between the structure and a lot line.
YARD, FRONT. A minimum yard between a structure and a front lot line and extending the entire length of the front lot line. In the case of a corner lot or double frontage lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REAR. A minimum yard between a structure and a rear lot line and extending the entire length of the rear lot line. In the case of a corner lot or double frontage lot, there are no rear yards but only front and side yards.
YARD, SIDE. A minimum yard between a structure and a side lot line, extending from the front yard to the rear yard. In the Case of an odd-shaped lot, any yard that is not a front or rear yard is a side yard. In the Case of a corner lot or double frontage lot, any yard that is not a front yard is a side yard.
The following uses when referred to in this ordinance shall have the meanings defined in this section:
5.1
Agriculture Uses.
FARM. A five (5) acre or larger tract of land used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to man.
FARM SUPPORT BUSINESS. A commercial establishment engaged in the sale of farm support goods and services, including the following activities:
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the sale of feed, grains, fertilizers, pesticides, and similar farm support goods;
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the provision of warehousing and storage facilitiess for raw farm products; and
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the provision of veterinary services to farm animals.
FOWL. Chickens, turkeys, ducks, geese, quail, guineas, etc.
HOBBY FARM. A five (5) acre or larger tract of land used for the keeping or maintenance of farm animals personally useful to the occupants of a dwelling on the same tract.
KENNEL. The keeping of more than three dogs over six months of age, or any person, partnership, or corporation engaged in the business of breeding, buying, selling or boarding animals, primarily, but not limited to, domesticated dogs and cats. This definition shall not be applicable to veterinarians operating under license from the State of Alabama who board dogs or other pets in an enclosed structure.
LIVESTOCK. Cows, horses, goats, sheep, swine, etc.
LIVESTOCK SALES. The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse auctions and similar activities.
STABLE. A commercial establishment engaged in the raising, keeping, boarding, or training of horses, ponies, and similar animals, including riding academies and incidental sales of riding accessories and animals raised or regularly kept on the premises.
5.2
Residential Uses.
APARTMENT. Three (3) or more attached, multi-family dwellings within a building of three or less stories.
DUPLEX. Two (2) attached, single-family dwellings.
GARDEN HOME. A detached single-family dwelling designed on a small lot with one zero lot line on one side.
MANUFACTURED HOME. A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. (See note at end of Definition Section.)
MANUFACTURED HOME PARK. A five (5) acre or larger tract of land used or designed to accommodate a manufactured home community of multiple spaces for lease or condominium ownership.
MANUFACTURED HOME SUBDIVISION. A manufactured home that is situated on a subdivided lot.
MOBILE HOME. (See also manufactured home). A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
SINGLE-FAMILY RESIDENCE. A detached, single-family dwelling constructed on-site in accordance with the Standard Building Code.
TOWNHOUSE. Two (2) or more attached, single-family dwellings within a building of eight (8) or less units. Each dwelling unit occupies its own lot.
5.3
Institutional Uses.
AIRPORT. A place where aircraft can land and take off. Such use may include terminals, hangers, refueling and repair facilities, passenger accommodations, and other integrally related facilities.
ANIMAL SHELTER. A Non-Profit or public organization providing shelter for small domestic animals.
BOARDING HOUSE. A dwelling for the residency of two or more boarders on a long-term basis (at least month-to-month). Each unit intended to be rented does not constitute a dwelling unit as defined by this ordinance.
CEMETERY. Human burial grounds.
CLUB. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
COMMUNITY CENTER. Buildings designed or intended for social, cultural, or community service purposes, including community meeting rooms, community recreation centers, and similar uses.
COMMUNITY SERVICE CLUB. Buildings arranged for the gathering of private club members and their guests, including social club, professional association, fraternal club or lodge, union hall, civic association, and similar uses.
COUNTRY CLUB. Land or buildings containing recreational facilities and club house for private club members and their guests.
DAY CARE CENTER. A licensed facility, other than a residence, providing day care on a regular basis to more than six children, elderly, or handicapped or infirm persons.
DAY CARE HOME. A licensed service operated from a dwelling by the resident, providing day care on a regular basis to six or less children, elderly, or handicapped or infirm persons.
DOMICILIARY CARE FACILITY. Licensed homes for the aged, intermediate institutions, and related institutions (not otherwise defined by this ordinance), whose primary purpose is to furnish room, board, laundry, personal care, and other nonmedical services, regardless of what it may be named or called, for not less than 24 hours in any week, to individuals not related by blood or marriage to the owner or administrator. This kind of care implies sheltered protection and a supervised environment for persons, who because of age or disabilities, are incapable of living independently in their own homes or a commercial board and room situation, yet who do not require the medical and nursing services provided in a nursing home. In these facilities, there might be available temporarily and incidentally, the same type of limited medical attention as an individual would receive if living at home.
GROUP CARE RESIDENCE. A group care home serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit within a dwelling under the supervision of one or two resident managers. The home serves socially, physically, mentally, or developmentally impaired individuals in a family-type living arrangement, including child care homes for orphans or neglected children, handicapped or infirm homes for the mentally retarded or mentally ill, rehabilitation homes for drug or alcohol dependency, emergency care homes for abused spouses or children, and similar group residency facilities. The group care residence provisions of this ordinance meet or exceed the minimum requirements Code of Ala. 1975, § 11-52-75.1. Regulation as to housing of mentally retarded or mentally ill persons in multi-family zones, Code of Alabama, 1975, as amended.
HOME INSTRUCTION. Instruction in the arts, music, or academic subjects given from a dwelling by the resident to up to four students at a time, except in the Case of musical instruction which shall be limited to up to two students at a time.
HOSPITAL. An establishment which provides health services primarily for inpatient medical or surgical Care of the sick or injured, including accessory facilities such as laboratories, pharmacies, out-patient clinics, training facilities, gift shops, coffee shops, cafeterias, and staff offices.
MILITARY INSTALLATION. A Government-sponsored defense facility, including military bases, national guard centers, military reserve centers, armories, and similar uses.
NURSING CARE FACILITY. A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital but at a higher level than provided in a domiciliary care facility.
PARK. Publicly-owned and operated parks, playgrounds, recreation facilities, and open spaces.
PENAL INSTITUTION. A public institution housing inmates for correction or rehabilitation.
PLACE OF WORSHIP. Buildings arranged for religious service purposes, such as churches and synagogues, including related facilities for instruction, meeting, recreation, lodging, eating, and other integrally related activities.
PUBLIC ASSEMBLY CENTER. Buildings arranged for the general assembly of the public at-large for community events, including coliseums, stadiums, civic centers, and similar uses.
PUBLIC BUILDING. Buildings arranged for the purpose of providing public services, not otherwise listed in this section, including government offices, post offices, museums, libraries, transit stations, police stations, fire and emergency service stations, civil defense operations, and similar uses.
PUBLIC UTILITY FACILITY. Facility that provides public utility services to the public at large, including Water and sewerage facilities, gas distribution facilities, electric transmission and distribution facilities, and cable transmission and distribution facilities.
PUBLIC UTILITY SERVICE. Essential utility services which are necessary to support development and which involve only minor structures such as lines and poles.
SCHOOL. Public or non-profit school.
TRANSIT STATION. A facility for loading and unloading of passengers and incidental baggage and freight, such as a bus or taxi station.
5.4
Commercial Uses.
ANIMAL HOSPITAL. A place where small household pets are given medical or surgical treatment and short-term boarding of pets within an enclosed building may be provided.
BANK OR FINANCIAL SERVICE. A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, and similar business.
BROADCAST STUDIO. Establishments primarily engaged in the provision of broadcasting and other information related services accomplished through the use of electronic and telephonic mechanisms, including film and sound recording, such as a radio studio, TV studio, or a telegraphic service office.
BUSINESS OR PROFESSIONAL OFFICE. A place where the administrative affairs of a business or profession is conducted such as the office of a law firm, accounting or bookkeeping firm, real estate agency, insurance agency, architect, secretarial service, physician or dentist, financial planner, Engineer, the administrative staff of business or industry, and the like.
BUSINESS SUPPORT SERVICE. A place of business which supplies support services primarily to business or professional offices or services, such as photocopy, computer, and office equipment, supplies and services.
CAMPGROUND. A group of buildings or structures on a site of 10 or more acres planned as a whole for seasonal recreation or vacation uses, including tent campsites, travel trailer or recreational vehicle sites, vacation cottages, recreational facilities, eating facilities, bathrooms, and sale of personal care items and gifts.
CAR WASH. A commercial establishment engaged in washing or cleaning automobiles and light vehicles.
CLINIC. A facility providing medical, psychiatric or surgical services for sick or injured persons exclusively on an out-patient basis.
COMMERCIAL PARKING. Parking of motor vehicles on a temporary basis within a commercially operated, off-street parking lot or garage.
COMMERCIAL SCHOOL. A private, gainful business providing instructional service in the arts, business, crafts, trades, and professions.
CONVENIENCE STORE. A one story retail establishment with less than 2,000 square feet of gross floor area that is designed and intended to sell primarily food, beverages, and other household goods and supplies to customers who purchase only a relatively few items at a time (in contrast to a supermarket). Such establishment may also engage in the incidental sale of vehicle fuel, oil and accessories. However, such business shall not be permitted to engage in either minor or major vehicle repair services as defined in this ordinance.
ENTERTAINMENT, INDOOR. A commercial establishment providing spectator entertainment within an enclosed building, including movie theatres, playhouses, and similar indoor facilities.
ENTERTAINMENT, OUTDOOR. A commercial establishment providing spectator entertainment in open or partially enclosed or screened facilities, including sports arenas, racing facilities, drive-in movie theatres, and amusement parks.
FUNERAL HOME. A commercial establishment engaged in funeral and undertaking services for human burial.
GARDEN CENTER OR NURSERY. Retail sales of plants, trees, shrubs, and the like for ornamental or landscaping purposes, conducted from a building, greenhouse, outdoor display area, or stand, including incidental sales of items customarily associated with such sales activities, including such items as containers, fertilizers, ornaments, small gardening tools, gardening equipment and seeds.
GASOLINE SERVICE STATION. A commercial establishment providing fuel, lubricants, parts and accessories for vehicles, and may also engage in the incidental sale of food items and beverages. Gasoline service stations may also engage in minor vehicle repair services as defined in this ordinance. All gasoline storage tanks shall be underground and be in full compliance with Alabama Department of Environmental Management (ADEM) requirements.
GENERAL RETAIL BUSINESS, ENCLOSED. Retail sales of goods and services, not otherwise defined by this section, including, but not limited to, food sales, department stores, clothing stores, home furnishings, appliance stores, automobile parts and supply stores, video rental stores, gift shops, florist shops, hardware stores, specialty stores, jewelry stores, cosmetics stores, variety stores, sporting goods stores, antique shops, and similar retail businesses.
GENERAL RETAIL BUSINESS, UNENCLOSED. Retail sales of goods and services, not otherwise defined in this section, conducted partially or fully outside of a building, including, but not limited to, sidewalk sales, outdoor food service, outdoor tire sales, and other outdoor display or sales.
HOME IMPROVEMENT CENTER. A place of business providing building, yard and garden materials, appliances, tools and supplies at retail and wholesale.
HOME OCCUPATION. A business, profession, occupation, or trade conducted for gain or support and located entirely within the living area of a dwelling as an incidental activity of the resident and employing only the residents of that dwelling.
HOTEL OR MOTEL. A commercial facility offering transient lodging accommodation on a daily or weekly basis to nine (9) or more guests, which may include as an integral part of the facility such additional services as restaurants, meeting rooms, banquet rooms, gift shops, and recreational facilities. Hotels and motels may also include as an accessory use, the sale of alcoholic beverages for on premise consumption.
LAUNDRY SERVICE. A commercial establishment providing laundering, dry cleaning, or dying service (other than a laundry or dry cleaning pick-up station defined under personal service), such as a laundry and dry cleaning plant, diaper or linen service, or laundromat.
LIQUOR LOUNGE. A licensed establishment engaged in the preparation, sale, or serving of liquor for consumption on the premises, including taverns, bars, cocktail lounges, night clubs, discotheques, dance halls, and similar uses where liquor consumption is a primary or incidental activity on the premises of the establishment. Not included in this definition are establishments which sell only beer or wine as an incidental activity on the premises; establishments which sell liquor, beer or wine in packages for off-premises consumption; restaurants, hotels, motels which serve liquor for on-premises consumption; as an accessory use.
MEDICAL SUPPORT SERVICE. A place of business which supplies medical support services to individuals, medical practitioners, clinics, and hospitals, such as a pharmacy (where the business activity is limited to the filling of medical prescriptions and the sale of drugs and medical supplies), medical and surgical supply store, an optician, and the like.
MINI-WAREHOUSE. A structure (or group of structures) that is partitioned for leasing of individual storage spaces and is exclusively used for the storage of non-explosive and non-volatile materials; and the facility or site is not used for wholesale or retail sales operations.
OPEN AIR MARKET. Retail sales of arts, crafts, produce, discount or used goods which are located partially or fully outside of an enclosed building. This may include a flea market, produce market, craft market, farmers' market, or similar activities.
PERSONAL SERVICE. A retail establishment engaged in providing services involving the care of a person, such as a barber shop, beauty shop, cosmetic studio, dry cleaning and laundry service, indoor exercise and fitness center, tanning salon, seamstress, tailor, shoe repair shop, key repair shop, travel agency, interior decorator, formal wear rental, and similar uses.
RECREATION. A commercial establishment providing recreational or sports activities to participants, including bowling alleys, billiard parlors, video game centers, ice and roller skating rinks, driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and other commercial recreational and sports activities.
RESTAURANT, FAST-FOOD. An establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-thru, or drive-in and may also include standard sit-down consumption.
RESTAURANT, STANDARD. An establishment where food and drink are prepared, served, and primarily consumed within the building where guests are seated and served.
SHOPPING CENTERS. A group of commercial establishments located on a lot planned and developed in a unified design with shared parking and driveway facilities and under a common ownership or management authority. The premises shall not be used for the parking of vehicles offered for sale.
STUDIO. A place of work for an artist, photographer, or craftsman, including instruction, display, production, and retail sales of materials produced on the premises.
TOURIST HOME. An establishment, which may be a dwelling, which provides lodging for three (3) to eight (8) transient guests on a short-term basis (daily or weekly).
VEHICLE REPAIR, MAJOR. A place of business engaged in the repair and maintenance of vehicles including, painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities in which all work is performed entirely within an enclosed building.
VEHICLE REPAIR, MINOR. A place of business engaged in sales, installation and servicing of mechanical equipment and parts, including, audio equipment and electrical work, lubrication, tune-ups, front end alignment, tire balancing, brake and muffler work, battery recharging and/or replacement, and similar activities, and in which all work is performed entirely within an enclosed building.
VEHICLE SALES OR RENTAL. A commercial establishment engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational vehicles, boats or motorcycles, including incidental parking, storage, maintenance, and servicing.
5.5
Industrial Uses.
CONSTRUCTION SERVICE. A place of business engaged in construction activities and incidental storage as well as wholesaling of building materials (but not a home improvement center which also sells at retail), such as a building contractor, trade contractor, or wholesale building supply store.
HEAVY INDUSTRY. Meat or poultry processing, slaughterhouses, the storage or manufacturing of flammable or explosive materials or other materials generally considered to be hazardous or offensive in nature.
MAINTENANCE SERVICE. An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services.
MANUFACTURING, GENERAL. The basic processing and manufacturing of materials or products predominately from extracted or raw materials and the incidental storage, sales, and distribution of such products.
MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and the incidental storage, sales, and distribution of such products.
RESEARCH LAB. An establishment engaged in research of an industrial or scientific nature, excluding product testing, such as an electronics research lab, research and development firm, or pharmaceutical research lab.
RESOURCE EXTRACTION. The removal of soil, sand, clay, gravel, minerals, or similar materials for commercial purposes, including quarries, sand and gravel operations, gas extraction, and mining.
SALVAGE YARD. A place of business engaged in the storage, sale, dismantling or other processing of used or waste materials, such as a junk or automotive salvage yard.
SANITARY LANDFILL. A state-approved site for solid waste disposal.
TRANSMISSION TOWER. A tower used for the transmission of radio and television signals to the general public or private receivers, other than amateur radio towers and towers used by a public facility.
VEHICLE AND EQUIPMENT SALES, MAJOR. A place of business engaged in the sale or rental of heavy trucks (over one ton), construction equipment, tractors and farm implements, mobile homes, and similar heavy equipment, including the incidental storage, maintenance, and servicing of such vehicles and equipment.
WAREHOUSING, WHOLESALING, AND DISTRIBUTION, ENCLOSED. A place of business engaged in warehousing, wholesaling, or distribution services within an enclosed building.
WAREHOUSING, WHOLESALING, AND DISTRIBUTION, OPEN. A place of business engaged in open air warehousing, wholesaling or distribution services.
5.6
Temporary Uses.
GARAGE OR YARD SALES. The sale by a resident, conducted on the premises of a dwelling, of personal property belonging to the occupant of such dwelling.
SEASONAL SALES. Temporary seasonal sales of produce, ornamental plants, fire wood, Christmas trees, and other temporary sales that are unlike the usual activities on the lot where the sales occur.
SPECIAL EVENT. Circuses, fairs, carnivals, festivals, benefits, religious events, or similar types of temporary outdoor events that run longer than one day but no longer than thirty days, are likely to attract large crowds, and are unlike the usual activities on the lot where the event occurs.
NOTE: Manufactured housing is a generic term that describes housing that is manufactured in a factory, rather than on-site. As defined under the heading "manufactured home" manufactured housing includes all housing built to the federal Manufactured Home Construction and Safety Standards Act, known as the "HUD Code" because the standards are administered by the Department of Housing and Urban Development (HUD).
DEFINITIONS
For the purpose of this zoning ordinance, certain terms used in this ordinance shall have the meanings defined by this article. In the event a term is not listed in this article or is not defined elsewhere in this ordinance, the conventional meaning of the term shall apply.
The Building Inspector is authorized to make a final determination of the meaning of any term used in this ordinance. In Case of any dispute, an appeal of the Building Inspector's determination may be filed with the Zoning Board of Adjustment.
In the interpretation of this zoning ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise.
1.
Words used or defined in one tense or form shall include other tenses and derivative forms.
2.
Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
3.
The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
4.
The word shall is mandatory, and the word may is permissive.
5.
The word person includes an individual, firm, association, organization, partnership, trust, company, or corporation.
The following general terms when referred to in this ordinance shall have the meanings defined by this section:
ABUT, ADJACENT, ADJOIN OR CONTIGUOUS. To physically touch or border upon; or to share a common border with or be separated from the common border by an easement.
ACCESS. A way or means of approach to provide physical entrance to a property.
ACCESSORY STRUCTURE. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
ACCESSORY USE. A use of land or of a building or portion thereof commonly associated with and integrally related to the principal use of the land or building on the same lot and which constitutes a customarily incidental and substantial part of the total activity on the lot.
ACRE. A measure of land area containing 43,560 square feet.
ADDITION. A structure added to the original structure at some time after completion of or after a certificate of occupancy had been issued for the original structure.
ALLEY. A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
APPLICANT. A person submitting an application for development, a variance, a special exception use, or rezoning.
BEDROOM. A room marketed, designed, or otherwise intended to function primarily for sleeping.
BOARD OR BOARD OF ADJUSTMENT. The Zoning Board of Adjustment of Clanton, Alabama.
BOARDER. An individual other than a member of the family occupying the dwelling unit or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.
BUFFER. A strip of land that is retained in an undeveloped state for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, reducing the effects of adjacent lighting and enhancing the natural environment. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls or earth berms.
BUILDING. A structure designed to be used as a place of occupancy, storage, or shelter.
BUILDING, ACCESSORY. A subordinate building detached from a principal building on the same lot which is used incidentally to a principal building or that houses an accessory use.
BUILDING, PRINCIPAL. The primary building on a lot or a building that houses a principal use.
BUILDING, FRONT. The exterior wall of a building which faces a front lot line of the lot.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof.
BUILDING LINE OR BUILDING SETBACK LINE. A line generally parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located.
BUILDING SPACING. The minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices, and gutters.
CARPORT. A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CITY. Shall mean the City of Clanton, Alabama.
COMMISSION OR PLANNING COMMISSION. The Planning Commission of Clanton, Alabama.
CONDOMINIUM. An ownership arrangement, not a land use. It is allowed in any district and under the same restrictions as the land uses that it comprises. It is characterized by private ownership of individual units and undivided common ownership and maintenance of designated exterior and interior spaces by a condominium association of unit owners.
COUNCIL OR CITY COUNCIL. The City Council of Clanton, Alabama.
DENSITY. The maximum number of dwelling units per acre of site area.
DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, alteration, relocation, or enlargement of a structure; any mining, dredging, fitting, grading, paving, excavation, drilling, or disturbance of land; and any use or extension of use of land.
DWELLING. Any building or portion thereof, which is designed and used for residential occupancy.
DWELLING, ATTACHED. Three (3) or more dwelling units adjoining one another by a common roof, wall or floor, such as a townhouse or apartment.
DWELLING, DETACHED. A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, such as a single-family residence, mobile home, or patio home.
DWELLING, MULTI-FAMILY. A building containing two (2) or more dwelling units on 1 commonly shared lot, such as a duplex or apartment.
DWELLING, SEMI-DETACHED. Two (2) dwelling units adjoining one another by a common roof, wall, or floor, such as a duplex or twin townhouses.
DWELLING, SINGLE-FAMILY. A dwelling unit on an individual lot, such as a single family residence, garden home, mobile home/manufactured home or townhouse.
EASEMENT. Authorization by a property owner of the use by another and for a specified purpose of a designated part of his property.
FAMILY. One (1) or more persons living together as a single housekeeping unit.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
IMPROVEMENT. Any man-made, immovable item which becomes a part of, placed upon, of affixed to real estate.
LIVABLE FLOOR AREA. Any floor area within a dwelling usable for any combination of sleeping, eating, cooking, recreation, or working purposes.
LOT. A parcel of land in one ownership, used, or set aside and available for use, as the site of one or more buildings and accessory buildings, or for any other purpose.
LOT, CORNER. A lot abutting two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE OR THROUGH. A lot having frontage on two (2) streets but not at their intersection.
LOT, INTERIOR. A lot other than a corner lot.
LOT, REVERSE FRONTAGE. A double frontage lot having a rear Yard on a major street and a front yard and access to a local or marginal access street.
LOT AREA OR LOT SITE. The minimum area contained within the property of the individual parcels of land shown on a subdivision plat or survey. Lot area excludes any area within an existing or future street right-of-way or any area devoted to common open space.
LOT FRONTAGE. Lot width measured at the street line. When a lot has more than one (1) street line, lot width shall be measured, and the minimum lot width required by this Ordinance shall be provided at each such line.
LOT LINE. A line bounding a lot which divides one (1) lot from another or from a street or from any other public or private space.
LOT LINE, FRONT. In the case of a lot abutting only one street, the street line separating such lot from such streets shall be the front lot line; in the case of a double frontage lot, or a corner lot, each street line separating such lot from a street shall be the front lot line.
LOT LINE, REAR. That lot line which is parallel to and most distant from the front line of the lot. In the case of an irregular or triangular 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. In the case of corner lot or a double frontage lot, there are no rear lot lines but only front and side lot lines.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. Any validly recorded lot, which at the time of its recording, compiled with all applicable laws, ordinances, and regulations.
LOT WIDTH. The minimum distance measured between the side lot lines at the required building setback line. In the case of only one side lot line, lot width is the distance measured between the side lot line and the opposite lot line.
MODULAR HOME. A dwelling constructed on-site in accordance with the Standard Building Code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home is not a manufactured home in that the latter is constructed in a plant in accordance with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development and DOES NOT meet the construction standards of the Standard Building Code.
NONCONFORMITIES. Lawful uses, lots, structures or characteristics of uses which, as a result of adoption of subsequent amendment to this ordinance, no longer conform to all applicable zoning provisions.
NURSING CARE FACILITY. A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital, but at a higher level than provided in a domiciliary care facility.
OPEN SPACE, COMMON. Land area within a residential development that is held in common ownership and maintained by a homeowners' association for all of the residents for recreation, protection of natural land features, amenities, or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this ordinance to ensure that it remains in such uses. Common open space does not include surface water bodies (i.e., rivers, streams, lakes or ponds) nor land occupied by non-residential buildings, common driveways or parking areas or street rights-of-way; nor does it include lots for single-family or multi-family dwellings. Common open space shall be left in a natural state or landscaped, except in the case of residential structures.
OUTDOOR STORAGE. The keeping, in an unenclosed area, of any goods, materials, merchandise, or vehicles in the same place for more than forty-eight (48) hours.
OWNER. The person or persons having the right to legal title to, beneficial interest in, or contractual right to purchase a lot or parcel of land.
PERIMETER. The boundaries or borders of a lot, tract, or parcel of land.
PORCH. A roofed open area, which may be windowed or screened, attached to and with direct access to or from a building. A porch becomes a room within the building when heated or air conditioned or when the walled area is less than 50% windowed or screened.
PREMISES. A lot, parcel, tract or plot of land together with the structures thereon.
PROPERTY LINE. The lot line or boundary line.
RETAIL. The provision of services or the sale of goods and merchandise to the public at large for personal or household use or consumption.
SATELLITE DISH ANTENNA. An accessory structure designed to receive television broadcasts relayed by microwave signals from earth orbiting communication satellites.
SCREEN. To visually shield or obscure one abutting or nearby structure or use from another by opaque fencing, walls, berms, or densely-planted vegetation.
SIGHT TRIANGLE. A triangular-shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SITE. A parcel or parcels of land intended to have one (1) or more buildings or intended to be subdivided into one (1) or more lots.
SITE AREA. minimum land area required to qualify for a particular use or development. Site area is taken from an actual site survey and excludes:
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land within an existing or future street right-of-way, or utility right-of-way or easement;
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land which is not contiguous or is cut off by a major barrier;
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land which is part of a previously-approved development; and
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land which is zoned for another use.
SPECIAL EXCEPTION USE. A use which is permitted subject to a special exception use permit being granted by the Zoning Board of Adjustment, and further subject to appropriate permits being issued in accordance with the provisions of this ordinance.
STREET. Any vehicular way which has been dedicated to the public for public use, including all land within the right-of-way.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. All buildings are structures but not all structures are buildings.
SUBDIVISION. The division of a lot, tract, or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Such term includes resubdivision of land, and when appropriate to the context, relates to the process of subdivision or to the land or territory subdivided.
TERRACE. A level, landscaped or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.
THIS ORDINANCE. The Clanton Zoning Ordinance.
TRAVEL TRAILER. A structure that is intended to be transported over the streets, either as a motor vehicle or attached to or hauled by a motor vehicle and is designed for temporary recreational use as sleeping quarters but that does not meet the definitional criteria of a mobile home.
USE. The activity or function that actually takes place or is intended to take place on a lot or site.
VARIANCE. A relaxation or waiver of the terms of this ordinance (other than use provisions) as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, as determined by the Zoning Board of Adjustment.
YARD. A minimum open area unobstructed from the ground up on the same lot with a structure, extending along a lot line and inward to the structure. The yard shall be measured as the shortest distance between the structure and a lot line.
YARD, FRONT. A minimum yard between a structure and a front lot line and extending the entire length of the front lot line. In the case of a corner lot or double frontage lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REAR. A minimum yard between a structure and a rear lot line and extending the entire length of the rear lot line. In the case of a corner lot or double frontage lot, there are no rear yards but only front and side yards.
YARD, SIDE. A minimum yard between a structure and a side lot line, extending from the front yard to the rear yard. In the Case of an odd-shaped lot, any yard that is not a front or rear yard is a side yard. In the Case of a corner lot or double frontage lot, any yard that is not a front yard is a side yard.
The following uses when referred to in this ordinance shall have the meanings defined in this section:
5.1
Agriculture Uses.
FARM. A five (5) acre or larger tract of land used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to man.
FARM SUPPORT BUSINESS. A commercial establishment engaged in the sale of farm support goods and services, including the following activities:
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the sale of feed, grains, fertilizers, pesticides, and similar farm support goods;
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the provision of warehousing and storage facilitiess for raw farm products; and
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the provision of veterinary services to farm animals.
FOWL. Chickens, turkeys, ducks, geese, quail, guineas, etc.
HOBBY FARM. A five (5) acre or larger tract of land used for the keeping or maintenance of farm animals personally useful to the occupants of a dwelling on the same tract.
KENNEL. The keeping of more than three dogs over six months of age, or any person, partnership, or corporation engaged in the business of breeding, buying, selling or boarding animals, primarily, but not limited to, domesticated dogs and cats. This definition shall not be applicable to veterinarians operating under license from the State of Alabama who board dogs or other pets in an enclosed structure.
LIVESTOCK. Cows, horses, goats, sheep, swine, etc.
LIVESTOCK SALES. The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse auctions and similar activities.
STABLE. A commercial establishment engaged in the raising, keeping, boarding, or training of horses, ponies, and similar animals, including riding academies and incidental sales of riding accessories and animals raised or regularly kept on the premises.
5.2
Residential Uses.
APARTMENT. Three (3) or more attached, multi-family dwellings within a building of three or less stories.
DUPLEX. Two (2) attached, single-family dwellings.
GARDEN HOME. A detached single-family dwelling designed on a small lot with one zero lot line on one side.
MANUFACTURED HOME. A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. (See note at end of Definition Section.)
MANUFACTURED HOME PARK. A five (5) acre or larger tract of land used or designed to accommodate a manufactured home community of multiple spaces for lease or condominium ownership.
MANUFACTURED HOME SUBDIVISION. A manufactured home that is situated on a subdivided lot.
MOBILE HOME. (See also manufactured home). A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
SINGLE-FAMILY RESIDENCE. A detached, single-family dwelling constructed on-site in accordance with the Standard Building Code.
TOWNHOUSE. Two (2) or more attached, single-family dwellings within a building of eight (8) or less units. Each dwelling unit occupies its own lot.
5.3
Institutional Uses.
AIRPORT. A place where aircraft can land and take off. Such use may include terminals, hangers, refueling and repair facilities, passenger accommodations, and other integrally related facilities.
ANIMAL SHELTER. A Non-Profit or public organization providing shelter for small domestic animals.
BOARDING HOUSE. A dwelling for the residency of two or more boarders on a long-term basis (at least month-to-month). Each unit intended to be rented does not constitute a dwelling unit as defined by this ordinance.
CEMETERY. Human burial grounds.
CLUB. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
COMMUNITY CENTER. Buildings designed or intended for social, cultural, or community service purposes, including community meeting rooms, community recreation centers, and similar uses.
COMMUNITY SERVICE CLUB. Buildings arranged for the gathering of private club members and their guests, including social club, professional association, fraternal club or lodge, union hall, civic association, and similar uses.
COUNTRY CLUB. Land or buildings containing recreational facilities and club house for private club members and their guests.
DAY CARE CENTER. A licensed facility, other than a residence, providing day care on a regular basis to more than six children, elderly, or handicapped or infirm persons.
DAY CARE HOME. A licensed service operated from a dwelling by the resident, providing day care on a regular basis to six or less children, elderly, or handicapped or infirm persons.
DOMICILIARY CARE FACILITY. Licensed homes for the aged, intermediate institutions, and related institutions (not otherwise defined by this ordinance), whose primary purpose is to furnish room, board, laundry, personal care, and other nonmedical services, regardless of what it may be named or called, for not less than 24 hours in any week, to individuals not related by blood or marriage to the owner or administrator. This kind of care implies sheltered protection and a supervised environment for persons, who because of age or disabilities, are incapable of living independently in their own homes or a commercial board and room situation, yet who do not require the medical and nursing services provided in a nursing home. In these facilities, there might be available temporarily and incidentally, the same type of limited medical attention as an individual would receive if living at home.
GROUP CARE RESIDENCE. A group care home serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit within a dwelling under the supervision of one or two resident managers. The home serves socially, physically, mentally, or developmentally impaired individuals in a family-type living arrangement, including child care homes for orphans or neglected children, handicapped or infirm homes for the mentally retarded or mentally ill, rehabilitation homes for drug or alcohol dependency, emergency care homes for abused spouses or children, and similar group residency facilities. The group care residence provisions of this ordinance meet or exceed the minimum requirements Code of Ala. 1975, § 11-52-75.1. Regulation as to housing of mentally retarded or mentally ill persons in multi-family zones, Code of Alabama, 1975, as amended.
HOME INSTRUCTION. Instruction in the arts, music, or academic subjects given from a dwelling by the resident to up to four students at a time, except in the Case of musical instruction which shall be limited to up to two students at a time.
HOSPITAL. An establishment which provides health services primarily for inpatient medical or surgical Care of the sick or injured, including accessory facilities such as laboratories, pharmacies, out-patient clinics, training facilities, gift shops, coffee shops, cafeterias, and staff offices.
MILITARY INSTALLATION. A Government-sponsored defense facility, including military bases, national guard centers, military reserve centers, armories, and similar uses.
NURSING CARE FACILITY. A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital but at a higher level than provided in a domiciliary care facility.
PARK. Publicly-owned and operated parks, playgrounds, recreation facilities, and open spaces.
PENAL INSTITUTION. A public institution housing inmates for correction or rehabilitation.
PLACE OF WORSHIP. Buildings arranged for religious service purposes, such as churches and synagogues, including related facilities for instruction, meeting, recreation, lodging, eating, and other integrally related activities.
PUBLIC ASSEMBLY CENTER. Buildings arranged for the general assembly of the public at-large for community events, including coliseums, stadiums, civic centers, and similar uses.
PUBLIC BUILDING. Buildings arranged for the purpose of providing public services, not otherwise listed in this section, including government offices, post offices, museums, libraries, transit stations, police stations, fire and emergency service stations, civil defense operations, and similar uses.
PUBLIC UTILITY FACILITY. Facility that provides public utility services to the public at large, including Water and sewerage facilities, gas distribution facilities, electric transmission and distribution facilities, and cable transmission and distribution facilities.
PUBLIC UTILITY SERVICE. Essential utility services which are necessary to support development and which involve only minor structures such as lines and poles.
SCHOOL. Public or non-profit school.
TRANSIT STATION. A facility for loading and unloading of passengers and incidental baggage and freight, such as a bus or taxi station.
5.4
Commercial Uses.
ANIMAL HOSPITAL. A place where small household pets are given medical or surgical treatment and short-term boarding of pets within an enclosed building may be provided.
BANK OR FINANCIAL SERVICE. A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, and similar business.
BROADCAST STUDIO. Establishments primarily engaged in the provision of broadcasting and other information related services accomplished through the use of electronic and telephonic mechanisms, including film and sound recording, such as a radio studio, TV studio, or a telegraphic service office.
BUSINESS OR PROFESSIONAL OFFICE. A place where the administrative affairs of a business or profession is conducted such as the office of a law firm, accounting or bookkeeping firm, real estate agency, insurance agency, architect, secretarial service, physician or dentist, financial planner, Engineer, the administrative staff of business or industry, and the like.
BUSINESS SUPPORT SERVICE. A place of business which supplies support services primarily to business or professional offices or services, such as photocopy, computer, and office equipment, supplies and services.
CAMPGROUND. A group of buildings or structures on a site of 10 or more acres planned as a whole for seasonal recreation or vacation uses, including tent campsites, travel trailer or recreational vehicle sites, vacation cottages, recreational facilities, eating facilities, bathrooms, and sale of personal care items and gifts.
CAR WASH. A commercial establishment engaged in washing or cleaning automobiles and light vehicles.
CLINIC. A facility providing medical, psychiatric or surgical services for sick or injured persons exclusively on an out-patient basis.
COMMERCIAL PARKING. Parking of motor vehicles on a temporary basis within a commercially operated, off-street parking lot or garage.
COMMERCIAL SCHOOL. A private, gainful business providing instructional service in the arts, business, crafts, trades, and professions.
CONVENIENCE STORE. A one story retail establishment with less than 2,000 square feet of gross floor area that is designed and intended to sell primarily food, beverages, and other household goods and supplies to customers who purchase only a relatively few items at a time (in contrast to a supermarket). Such establishment may also engage in the incidental sale of vehicle fuel, oil and accessories. However, such business shall not be permitted to engage in either minor or major vehicle repair services as defined in this ordinance.
ENTERTAINMENT, INDOOR. A commercial establishment providing spectator entertainment within an enclosed building, including movie theatres, playhouses, and similar indoor facilities.
ENTERTAINMENT, OUTDOOR. A commercial establishment providing spectator entertainment in open or partially enclosed or screened facilities, including sports arenas, racing facilities, drive-in movie theatres, and amusement parks.
FUNERAL HOME. A commercial establishment engaged in funeral and undertaking services for human burial.
GARDEN CENTER OR NURSERY. Retail sales of plants, trees, shrubs, and the like for ornamental or landscaping purposes, conducted from a building, greenhouse, outdoor display area, or stand, including incidental sales of items customarily associated with such sales activities, including such items as containers, fertilizers, ornaments, small gardening tools, gardening equipment and seeds.
GASOLINE SERVICE STATION. A commercial establishment providing fuel, lubricants, parts and accessories for vehicles, and may also engage in the incidental sale of food items and beverages. Gasoline service stations may also engage in minor vehicle repair services as defined in this ordinance. All gasoline storage tanks shall be underground and be in full compliance with Alabama Department of Environmental Management (ADEM) requirements.
GENERAL RETAIL BUSINESS, ENCLOSED. Retail sales of goods and services, not otherwise defined by this section, including, but not limited to, food sales, department stores, clothing stores, home furnishings, appliance stores, automobile parts and supply stores, video rental stores, gift shops, florist shops, hardware stores, specialty stores, jewelry stores, cosmetics stores, variety stores, sporting goods stores, antique shops, and similar retail businesses.
GENERAL RETAIL BUSINESS, UNENCLOSED. Retail sales of goods and services, not otherwise defined in this section, conducted partially or fully outside of a building, including, but not limited to, sidewalk sales, outdoor food service, outdoor tire sales, and other outdoor display or sales.
HOME IMPROVEMENT CENTER. A place of business providing building, yard and garden materials, appliances, tools and supplies at retail and wholesale.
HOME OCCUPATION. A business, profession, occupation, or trade conducted for gain or support and located entirely within the living area of a dwelling as an incidental activity of the resident and employing only the residents of that dwelling.
HOTEL OR MOTEL. A commercial facility offering transient lodging accommodation on a daily or weekly basis to nine (9) or more guests, which may include as an integral part of the facility such additional services as restaurants, meeting rooms, banquet rooms, gift shops, and recreational facilities. Hotels and motels may also include as an accessory use, the sale of alcoholic beverages for on premise consumption.
LAUNDRY SERVICE. A commercial establishment providing laundering, dry cleaning, or dying service (other than a laundry or dry cleaning pick-up station defined under personal service), such as a laundry and dry cleaning plant, diaper or linen service, or laundromat.
LIQUOR LOUNGE. A licensed establishment engaged in the preparation, sale, or serving of liquor for consumption on the premises, including taverns, bars, cocktail lounges, night clubs, discotheques, dance halls, and similar uses where liquor consumption is a primary or incidental activity on the premises of the establishment. Not included in this definition are establishments which sell only beer or wine as an incidental activity on the premises; establishments which sell liquor, beer or wine in packages for off-premises consumption; restaurants, hotels, motels which serve liquor for on-premises consumption; as an accessory use.
MEDICAL SUPPORT SERVICE. A place of business which supplies medical support services to individuals, medical practitioners, clinics, and hospitals, such as a pharmacy (where the business activity is limited to the filling of medical prescriptions and the sale of drugs and medical supplies), medical and surgical supply store, an optician, and the like.
MINI-WAREHOUSE. A structure (or group of structures) that is partitioned for leasing of individual storage spaces and is exclusively used for the storage of non-explosive and non-volatile materials; and the facility or site is not used for wholesale or retail sales operations.
OPEN AIR MARKET. Retail sales of arts, crafts, produce, discount or used goods which are located partially or fully outside of an enclosed building. This may include a flea market, produce market, craft market, farmers' market, or similar activities.
PERSONAL SERVICE. A retail establishment engaged in providing services involving the care of a person, such as a barber shop, beauty shop, cosmetic studio, dry cleaning and laundry service, indoor exercise and fitness center, tanning salon, seamstress, tailor, shoe repair shop, key repair shop, travel agency, interior decorator, formal wear rental, and similar uses.
RECREATION. A commercial establishment providing recreational or sports activities to participants, including bowling alleys, billiard parlors, video game centers, ice and roller skating rinks, driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and other commercial recreational and sports activities.
RESTAURANT, FAST-FOOD. An establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-thru, or drive-in and may also include standard sit-down consumption.
RESTAURANT, STANDARD. An establishment where food and drink are prepared, served, and primarily consumed within the building where guests are seated and served.
SHOPPING CENTERS. A group of commercial establishments located on a lot planned and developed in a unified design with shared parking and driveway facilities and under a common ownership or management authority. The premises shall not be used for the parking of vehicles offered for sale.
STUDIO. A place of work for an artist, photographer, or craftsman, including instruction, display, production, and retail sales of materials produced on the premises.
TOURIST HOME. An establishment, which may be a dwelling, which provides lodging for three (3) to eight (8) transient guests on a short-term basis (daily or weekly).
VEHICLE REPAIR, MAJOR. A place of business engaged in the repair and maintenance of vehicles including, painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities in which all work is performed entirely within an enclosed building.
VEHICLE REPAIR, MINOR. A place of business engaged in sales, installation and servicing of mechanical equipment and parts, including, audio equipment and electrical work, lubrication, tune-ups, front end alignment, tire balancing, brake and muffler work, battery recharging and/or replacement, and similar activities, and in which all work is performed entirely within an enclosed building.
VEHICLE SALES OR RENTAL. A commercial establishment engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational vehicles, boats or motorcycles, including incidental parking, storage, maintenance, and servicing.
5.5
Industrial Uses.
CONSTRUCTION SERVICE. A place of business engaged in construction activities and incidental storage as well as wholesaling of building materials (but not a home improvement center which also sells at retail), such as a building contractor, trade contractor, or wholesale building supply store.
HEAVY INDUSTRY. Meat or poultry processing, slaughterhouses, the storage or manufacturing of flammable or explosive materials or other materials generally considered to be hazardous or offensive in nature.
MAINTENANCE SERVICE. An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services.
MANUFACTURING, GENERAL. The basic processing and manufacturing of materials or products predominately from extracted or raw materials and the incidental storage, sales, and distribution of such products.
MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and the incidental storage, sales, and distribution of such products.
RESEARCH LAB. An establishment engaged in research of an industrial or scientific nature, excluding product testing, such as an electronics research lab, research and development firm, or pharmaceutical research lab.
RESOURCE EXTRACTION. The removal of soil, sand, clay, gravel, minerals, or similar materials for commercial purposes, including quarries, sand and gravel operations, gas extraction, and mining.
SALVAGE YARD. A place of business engaged in the storage, sale, dismantling or other processing of used or waste materials, such as a junk or automotive salvage yard.
SANITARY LANDFILL. A state-approved site for solid waste disposal.
TRANSMISSION TOWER. A tower used for the transmission of radio and television signals to the general public or private receivers, other than amateur radio towers and towers used by a public facility.
VEHICLE AND EQUIPMENT SALES, MAJOR. A place of business engaged in the sale or rental of heavy trucks (over one ton), construction equipment, tractors and farm implements, mobile homes, and similar heavy equipment, including the incidental storage, maintenance, and servicing of such vehicles and equipment.
WAREHOUSING, WHOLESALING, AND DISTRIBUTION, ENCLOSED. A place of business engaged in warehousing, wholesaling, or distribution services within an enclosed building.
WAREHOUSING, WHOLESALING, AND DISTRIBUTION, OPEN. A place of business engaged in open air warehousing, wholesaling or distribution services.
5.6
Temporary Uses.
GARAGE OR YARD SALES. The sale by a resident, conducted on the premises of a dwelling, of personal property belonging to the occupant of such dwelling.
SEASONAL SALES. Temporary seasonal sales of produce, ornamental plants, fire wood, Christmas trees, and other temporary sales that are unlike the usual activities on the lot where the sales occur.
SPECIAL EVENT. Circuses, fairs, carnivals, festivals, benefits, religious events, or similar types of temporary outdoor events that run longer than one day but no longer than thirty days, are likely to attract large crowds, and are unlike the usual activities on the lot where the event occurs.
NOTE: Manufactured housing is a generic term that describes housing that is manufactured in a factory, rather than on-site. As defined under the heading "manufactured home" manufactured housing includes all housing built to the federal Manufactured Home Construction and Safety Standards Act, known as the "HUD Code" because the standards are administered by the Department of Housing and Urban Development (HUD).