This chapter is known as the "Zoning Ordinance of the City of Cullman, Alabama," and the map herein referred to and identified by the title "Zoning Map of Cullman," signed by the mayor and attested by the city clerk.

(Ord. No. 2020-16, § 1.01, 3-16-2020)

This chapter has been prepared, subject to public review, recommended by the Cullman Planning Commission, and adopted by the Cullman City Council under the authority of Code of Ala., 1975 Title 11, Chapter 52, as amended.

(Ord. No. 2020-16, § 1.02, 3-16-2020)

These regulations apply to all property within the corporate limits of the City of Cullman. All uses, structures, sites, lots and parcels must comply with these regulations.

(Ord. No. 2020-16, § 1.03, 3-16-2020)

(a)

Minimum requirements. These regulations are considered minimum requirements to promote the public health, safety, and welfare. These regulations may not lower the restrictions of plats, deeds or private contracts, if they are greater than these regulations.

(b)

Conflict with other regulations. Wherever there is a conflict between the provisions of this chapter and those of any statute, or any local law or regulation, the most restrictive of such provisions shall apply and be enforced.

(c)

Severability. If any clause, portion, provision, or section of these regulations is held to be invalid by any court of competent jurisdiction, that holding will not render invalid any other clause, portion, provision, or section.

(Ord. No. 2020-16, § 1.04, 3-16-2020)

The official zoning map, together with all explanatory materials it contains, is hereby made a part of this chapter and is maintained in the office of the city clerk.

(Ord. No. 2020-16, § 1.05, 3-16-2020)

(a)

Generally. The city is hereby divided into the following districts:

(1)

R-1 Low Density Single-Family Residential District.

(2)

R-2 Medium Density Single-Family Residential District.

(3)

R-3 High Density Single-Family and Duplex Residential District.

(4)

R-4 Single-Family and Multifamily Residential District.

(5)

TND Traditional Neighborhood Development District.

(6)

PUD Planned Unit Development District.

(7)

B-1 Neighborhood Shopping District.

(8)

B-2 General Business District.

(9)

B-3 Volume Business District.

(10)

CBD Central Business District.

(11)

E-1 Entertainment District.

(12)

INST Institutional District.

(13)

M-1 Light Industry District.

(14)

M-2 General Industry District.

(15)

M-1-P Industrial Park District.

(16)

AG-1 Agriculture District.

(17)

AG-2 Agriculture District.

(b)

Boundaries established. The boundaries of these districts are as shown on the official zoning map. Unless otherwise shown on the map, the boundaries of districts are lot lines, street or alley centerlines or such lines extended, railroad rights-of-way or centerlines, or corporate limit lines. Where uncertainty exists with respect to the boundaries of any district, the following rules apply:

(1)

Where district boundaries are indicated as approximately parallel to the centerlines or rights-of-way of streets, highways or railroads, the district boundaries are considered to be parallel to them and at the distance indicated on the zoning map. If no distance is given, distances are determined by use of the scale on the zoning map.

(2)

Where a district boundary line divides a lot in single ownership, the requirements for the least restrictive district applies to the whole lot, provided this does not include any part of the lot more than 35 feet beyond the district boundary line.

(3)

In case any further uncertainty exists, the zoning board of adjustment determines the location of boundaries.

(Ord. No. 2020-16, § 1.06, 3-16-2020)

Property annexed into the city is automatically placed in the AG-1 District, or such district as determined by the city council, following a recommendation by the commission, to be compatible with the intent of the master plan, and with consideration of the existing use of the property and those adjacent to it. Any subsequent rezoning must follow the procedures in section 62-203, amendments.

(Ord. No. 2020-16, § 1.07, 3-16-2020)

Any amendment to these regulations applies to applications submitted and accepted on or after the effective date of the ordinance from which this chapter is derived. This chapter will not affect any complete application submitted and approved by the appropriate decision-making body, prior to this effective date. Such applications are subject to the law in effect at the time of their acceptance for consideration, except as follows.

When a development plan has been started or approved under a previous version of this chapter, it may be completed subject to the following:

(1)

If development, for which a subdivision plat or building permit was approved prior to the effective date of the ordinance from which this chapter is derived, fails to meet any time frames in effect for that development at the time of approval, then the approval expires (unless a subdivision has received final plat approval and the final plat has been recorded prior to the passing of the ordinance from which this chapter is derived); and future development is subject to these regulations.

(2)

Any violation of the previous ordinance is a violation under this chapter and is subject to the penalties set out in section 62-202, penalties and other remedies, unless the development, use or other activity complies with these regulations.

(Ord. No. 2020-16, § 1.08, 3-16-2020; Ord. No. 2021-20, § II, 2-8-2021)