For the purposes of interpreting this chapter, the following words and phrases have the meanings ascribed to them in this article.

In the event a word or phrase is not defined in this chapter, the Cullman Subdivision Regulations or the City Code, the conventional meaning of the term applies.

(Ord. No. 2020-16, § 2.01, 3-16-2020)

The building official is authorized to make a final determination of the meaning of any word or phrase used in this chapter.

In the interpretation of this chapter, the provisions of this section are applied unless the context clearly requires otherwise. Words used or defined in one tense or form include the other tenses and derivative forms. Words in the singular number include the plural; and words in the plural number include the singular. The masculine gender includes the feminine and the feminine gender includes the masculine.

The word "person" includes an individual, firm, association, organization, partnership, trust, company or corporation.

The words "used" or "occupied" as applied to any land or structure include all modifying words such as "intended," "arranged," or "designed" to be used or occupied.

The word "may" is permissive. When used in the negative, it is prohibitive.

(Ord. No. 2020-16, § 2.02, 3-16-2020)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access means a way of approaching or entering a property.

Accessory structure means a detached subordinate structure located on the same building lot or parcel with the principal structure, the use of which is incidental to that of the principal structure.

Accessory use means a use customarily incidental to the principal use of the land or building on the same lot.

Adjacent means either adjoining or on the opposite side of a street or other right-of-way or railroad that separates it from the subject property.

Adjoining means having property or district lines in common. Properties separated by a right-of-way are adjacent, but not adjoining.

Adult entertainment means a business that meets any of the following criteria, measured on a daily, weekly, monthly or annual basis: 1) has more than 25 percent of its inventory, stock-in-trade, or publicly displayed merchandise in sexually-oriented materials, 2) devotes more than 25 percent of its floor area (not including storage areas, bathrooms, basements, or any portion of the business not open to the public), 3) derives more than 25 percent of its gross revenue from sexually-oriented materials. Adult entertainment includes any business that engages for any length of time in a sexually-oriented use or any other use that emphasizes specified sexual activities or specified anatomical areas, including but not limited to adult arcades and movie theaters, adult cabarets, and adult bookstores and novelty businesses.

(1)

Sexually-oriented materials. Materials of any media format and any objects or devices that contain, depict, stimulate or describe specified sexual activities or specified anatomical areas; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation.

(2)

Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic area, buttocks, anus, or female breast below a point immediately above the top of the areola; and human male genitals in a state of sexual arousal, whether or not completely and opaquely covered.

(3)

Specified sexual activities. Activities including actual or simulated sexual intercourse; clearly depicted human genitals in the state of arousal; touching of specified anatomical areas; inflicting pain or physical restraint of a person for the purposes of sexual stimulation; or sexually-oriented contact with an animal by a human being.

Agriculture or agricultural use means the production, storage, keeping, harvesting, grading, packaging, processing, boarding or maintenance, for sale, lease, or personal use, of plants and animals, including but not limited to: Forages and sod crops; grains and seed crops; dairy animals and products; poultry and poultry products; the keeping, raising and breeding of livestock; bees and apiary products; fur animals; trees and forest products; fruits, nuts and vegetables; plants and flowers; or lands that are devoted to soil conservation or forestry management.

Alteration means any change or modification of members, or parts, of an existing structure, such as bearing walls, columns, beams, girders, or interior partitions, doors or windows; or any enlargement or reduction of a structure, whether horizontally or vertically; or moving the structure from one location to another.

Alternative financial service means a check cashing business, payday advance or loan business, money transfer business, car title loan business, title pawn business, pawn shop or similar business engaged in non-traditional short-term lending.

Amateur radio tower means a tower with one or more antennae connected to radio equipment operated by a licensed amateur radio operator in accordance with applicable FCC laws and regulations.

Animal shelter means a nonprofit or public establishment providing shelter for dogs, cats and other small domestic animals.

Applicable district means that zoning district in which the subject site, lot or structure is located.

Applicant means a person submitting an application for development, a variance, special exception, rezoning or other approval under this chapter.

Architect or registered architect means a person licensed in the State of Alabama to practice in the field of architecture.

Assisted living facility means residences for the frail that provide rooms, meals, personal care, and supervision of self-administered medication; excluding group care homes.

Attached means attached by any means to another structure, or a structure closer than ten feet from another structure on the same lot.

Automobile repair means:

(1)

Minor automobile repair. Sales, installation, and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/or replacement and similar activities.

(2)

Major automobile repair. The repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities.

Bakery, major means an establishment that bakes goods primarily for wholesale and that may include storage and distribution facilities.

Bakery, minor means an establishment that bakes goods for on-premises retail sales.

Bar or nightclub means an establishment serving liquor, beer, wine and other alcoholic beverages for on-premises consumption and that is not classified as a restaurant under chapter 4 of the City Code.

Barrier means a physical structure limiting access to a protected area.

Basement means a portion of a building having one-half or more of its floor-to-ceiling height below grade level and having a floor-to-ceiling height of at least six and one-half feet.

Bed and breakfast means a dwelling or portion thereof using no more than six rooms to provide short-term lodging accommodations and meals for the traveling public for a fee.

Bedroom means a room marketed, designed or otherwise intended to function primarily for sleeping.

Billboard means an off-premises sign advertising a business or service.

Boarding house means a dwelling or part thereof, other than a bed and breakfast, where lodging and meals are provided for three or more persons for a fee.

Buffer means a strip of land that is landscaped to separate incompatible land uses, as required by section 61-122, buffers, promoting visual harmony, reducing noise, diverting emissions, and reducing glare. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls or earth berm.

Buildable area means the portion of a lot remaining after any required yard setbacks, open spaces, buffers and easements have been provided.

Building means any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or chattels.

Building code means the most recent building, construction and fire-related codes adopted by the City of Cullman.

Building height means for flat or parapet roof buildings, the vertical distance measured from grade level at the front of the building to the highest point of the roof. For pitched-roof buildings, the vertical distance measured from grade level at the front of the building to the average of the eaves and ridges.

Building line, front means a line extending across the width of the lot coincident with the front-most plane of the building.

Building official means the designated employee of the city responsible for enforcing the provisions of this chapter and the building code, or their designee.

Building, principal means the building in which the primary use of the property is conducted.

Building separation means the minimum horizontal distance between the nearest portions of any structures on the same lot.

Building site means the land occupied or to be occupied by a structure and its accessory structures and including such open spaces, yards, off-street parking and loading areas as required by this chapter.

Business or professional office means a room or group of rooms used for conducting the affairs of a business, profession, service, or industry and generally furnished with desks, tables and communications equipment. Includes call centers and broadcast studios but not medical clinics.

Business support service means a business which supplies support services primarily to other businesses, such as sales of office equipment, supplies and services; cleaning services; computer and office equipment repair and similar services.

Caliper means the measurement of the width of the tree trunk six inches above existing grade.

Cemetery means land used for the interment of the human dead, including buildings for the purpose of preparing the dead for interment or cremation and structures such as mausoleums and columbaria.

Certificate of occupancy means an official document issued upon satisfactory completion of construction or change of occupancy of a building or structure and the installation of electrical, fire protection, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications and after final inspection by the building official.

Campground means land on which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.

Caretaker dwelling. See Dwelling, caretaker.

City arborist means the city arborist, their designee or other city employee designated by the mayor to review landscape plans.

Club, private means a place of assembly operated by an association of persons united by some common interest such as social, educational or recreational purposes and usually characterized by certain membership qualifications, payment of fees or dues, and holding of regular meetings. Refer to Institutional uses.

Code of Alabama means the Code of Alabama, 1975, as amended.

Commercial parking means parking lots or structures providing parking for uses not located on the premises.

Commercial recreation means a commercial establishment providing recreational or sports activities to participants, including bowling alleys, video game centers, ice and roller skating rinks, driving ranges, miniature golf courses, conventional golf courses, swimming pools, tennis courts and other commercial recreational and sports activities.

Commercial school means a private, gainful business providing instruction in arts, business, crafts, trades or professions.

Conditional uses means uses allowed within the district, but only upon approval of and subject to conditions set by the planning commission.

Conservation subdivision means a form of development that permits a reduction in dimensional requirements, provided there is no increase in the overall density of the development, and the remaining land area is devoted to open space, recreation, or preservation of environmentally sensitive areas. See section 62-97, conservation subdivisions.

Construction service, major means a place of business engaged in construction and related trade activities with outdoor storage such as a building contractor, electrician, plumber or similar trade and that may involve wholesaling of building materials. Includes wholesale building supply business.

Construction service, minor means a place of business engaged in construction-related trade activities with incidental storage such as a building contractor, electrician, plumber or similar trade excluding any retail or wholesale sales.

Country club means land or buildings containing recreational facilities and clubhouse for private club members and their guests.

Curbside selling means mobile outdoor sales activities of any kind that is not located on the premises of or accessory to a permitted business within a permanent structure on the premises. This does not include door-to-door sales, food trucks or dining or retail sales approved to be located on a public sidewalk as an accessory activity to a businesses on adjoining property.

Day care facility means:

(1)

Adult day care center. Any building or related premises used to provide care and daily activities to five or more adults for part of the day.

(2)

Adult day care home. A dwelling used to provide care and daily activities to four or less adults for part of the day.

(3)

Child day care center. Any building and related premises used for the care of 13 or more children for part of the day.

(4)

Child day care group home. A dwelling used for the care of seven to 12 children for part of the day with at least two adults present and supervising child care activities.

(5)

Child day care home. A dwelling used for the care of six or less children for part of the day.

Density means the ratio of lot area per dwelling unit or the number of dwelling units per acre of site area.

Developed area means the area of a lot, as of the effective date of the ordinance from which this chapter is derived, covered by a structure, off-street parking or loading areas, paved access to off-street parking or loading areas, or other areas paved with asphalt, concrete or similar hard surface.

Development means the subdivision or re-subdivision of land, 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 the use of land.

Diameter at breast height (dbh) means the width of a tree trunk four and one-half feet above grade level.

Dispensing site means a site operated by a dispensary licensee (an entity licensed by the Alabama Medical Cannabis Commission under Section 20-2A-64 of Act 2021-450) or an integrated facility licensee.

Drip line means the circumference of the tree's natural unaltered canopy extended vertically to the ground.

Drive-in restaurant means an establishment where food and drink may be ordered from and delivered to an automobile for consumption primarily on-premises.

Drive-thru restaurant means an establishment where food and drink may be, both, ordered from and delivered to an automobile for consumption off-premises or ordered and consumed within the principal building.

Duplex. See Dwelling, duplex.

Dwelling or dwelling unit means one or more rooms in the same structure, connected and constituting a separate, independent housekeeping unit for permanent residential occupancy and with facilities for sleeping, cooking, and sanitation requirements.

(1)

Dwelling, accessory. A subordinate, independent dwelling unit located on the same lot as a detached single-family dwelling. See section 62-94, accessory dwellings.

(2)

Dwelling, caretaker. A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises.

(3)

Dwelling, duplex. A building containing two dwelling units totally separated from each other by an unpierced wall extending from basement to roof.

(4)

Dwelling, multifamily. A building containing three or more dwelling units on one lot.

(5)

Dwelling, single-family attached. A dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated by vertical common, fire-resistant walls.

(6)

Dwelling, single-family detached. A building containing one dwelling unit and that is not attached to any other dwelling and is surrounded by open space or yards.

(7)

Dwelling, tiny home. A pre-fabricated, modular or site-built single-family detached dwelling under 500 square feet in habitable area, excluding loft space designed and constructed for residential occupancy in accordance with the city building code.

(8)

Dwelling, upper-story. A dwelling unit located on a floor above another use in the same building.

Effective date of this ordinance means the most recent date on which the ordinance from which this chapter is derived, including any amendment thereto, became effective under Alabama law.

Entertainment uses means:

(1)

Adult entertainment. See Adult entertainment.

(2)

Indoor entertainment. An establishment providing spectator entertainment within an enclosed building, including but not limited to movie theaters, playhouses, live music venues but excluding adult entertainment.

(3)

Outdoor entertainment. An establishment providing spectator entertainment in open or partially enclosed or screened facilities, including but not limited to sports arenas, racing tracks, drive-in theaters and amusement parks but excluding adult entertainment.

Event venue means a building used for the hosting of weddings, conferences, galas, and other similar events. Such uses may include an area for catering preparation and incidental storage. The indoor event venue may also include the outdoor use of an attached deck or area adjacent to the building.

Existing buildings means buildings completed as of the effective date of the ordinance from which this chapter is derived.

Family means any one of the following arrangements when living together in a dwelling as a single-housekeeping unit:

(1)

An individual,

(2)

Two or more persons related by legal adoption, blood or licit marriage plus up to two unrelated persons,

(3)

A group of not more than four unrelated persons.

Farm means land upon which the predominant activity is agriculture, which may also include a single-family dwelling and any accessory structures incidental to the dwelling or agricultural use.

Farm support business means a commercial establishment engaged in the sale of farm support goods and services, including but not limited to, the sale of feed, grains, fertilizers, pesticides and similar farm support goods; the provision of warehousing and storage facilities for raw farm products; and the provision of veterinary services to farm animals.

Fence means an artificially constructed barrier of any kind erected to enclose or screen.

Floor area, gross means the total area of a building measured using the outside dimensions of the building at each floor level intended for occupancy or storage.

Fowl means chickens, turkeys, ducks, geese, quail, guineas and similar birds raised, kept or bred for agricultural or commercial purposes, for egg or food production or as pets.

Gas station means an establishment involving the retail dispensing of automotive fuels.

Grade level means for buildings, the average level of the finished grade at the front building line. For trees, landscaping, light fixtures and signs, the level of finished grade at the base of the tree, plant, fixture or sign.

Group care home means a dwelling for the sheltered care of persons, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. Residents are supervised by a sponsoring entity or its staff, which furnishes rehabilitative services to the residents. A group care home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or legal guardians. Group care homes are further categorized as follows:

(1)

Emergency care home. A group care home, serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to provide a protective sanctuary and emergency housing to victims of crime or abuse.

(2)

Family care home. A group care home, serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to serve socially, physically, mentally, or developmentally impaired children in a family-type living arrangement, and which meet or exceed the minimum requirements of Section 11-52-75.1. Regulations as to housing of mentally retarded or mentally ill persons in multifamily zones, Code of Alabama.

(3)

Transitional care home. A group care home, serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to assist persons, especially those leaving institutions, to reenter society and learn to adapt to independent living.

Gym (health club, fitness center) means an indoor, for-profit facility for health, recreational, and social activities involving physical exercise and other physical activities.

Hardship means any condition not in control of the owner or applicant such as, but not limited to, topography, lot shape or size, location of public utilities or similar conditions deemed a hardship by the zoning board of adjustment.

Heritage tree means a tree with historical significance due to its age or location, or which was planted in honor of or in memory of someone or some event of the past.

Hobby farm means the keeping, raising and breeding of a limited number of livestock, fowl and other animals for agricultural purposes, but not for gain, on a property for which the principal use is a detached single-family dwelling.

Home occupation means limited business activity conducted in conjunction with and accessory to a dwelling, that is inherently unobtrusive and unlikely to alter the character of the neighborhood nor adversely impact surrounding land uses.

Hospital means an institution providing health services, primarily for inpatients, and medical and surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

Hotel means an establishment providing sleeping accommodations for the traveling public, in which guest rooms are accessed from the interior of the building. Hotels may also include, as incidental uses, dining facilities, fitness centers and similar guest services.

Improvement means any permanent item that becomes a part of, is placed upon or is affixed to real estate.

Independent living facility means a residential facility, other than a group care home, that may provide meals, housekeeping, linen service, transportation, social and recreational activities and similar services. Such facilities do not provide, in a majority of the units, assistance with or supervision of medication, bathing, dressing, toileting and other activities of daily living.

Industrial park means a tract of land that is planned, developed and operated as an integrated facility for multiple, separate industrial uses.

Industrial training center means a facility providing instruction in industrial processes, equipment, and robotics and other technologies, but excluding non-industrial training programs.

Institutional uses means structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. This does not include institutional facilities which involve on-premises garages, repair or storage yards, or warehouses. Institutional uses are categorized as follows:

(1)

Low intensity. Government and nonprofit cultural facilities up to 4,000 square feet; places of assembly up to 200 seats.

(2)

Medium intensity. Government and nonprofit cultural facilities up to 7,000 square feet; health institutions up to 35,000 square feet; elementary and junior high/middle schools; places of assembly up to 500 seats; other institutions up to 35,000 square feet.

(3)

High intensity. Government and cultural facilities greater than 12,500 square feet; health institutions greater than 35,000 square feet; places of assembly greater than 500 seats; high schools, universities, colleges, junior colleges; stadiums and arenas up to 3,000 seats; other institutions greater than 35,000 square feet.

Junkyard means a lot or structure or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. Does not include recycling center or recycling plant.

Kennel means an indoor facility for harboring, training, or boarding cats and dogs. A kennel facility may also provide animal grooming services. Outdoor boarding shall not be permitted.

Landscaping area means the unpaved area within a lot which contains grass, shrubs, flowers, ground cover, trees, or native plant materials, and which may include decorative fixtures such as rocks, pools and planters.

Laundering plant means an establishment primarily engaged in high volume laundry and garment services, including commercial and industrial laundries; garment pressing and dry cleaning; linen supply; diaper service; carpet and upholstery cleaners, but excluding laundering services.

Laundry services means laundromat, laundry and dry cleaning pick-up stations and clothing storage, excluding laundering plants.

Livestock animal means any domesticated creature of the canine, feline, equine, bovine, sheep, goat, or swine species or type kept, bred or raised for agricultural or other gainful purpose.

Lot frontage means lot width measured at the front lot line.

Lot line means a line bounding a lot, which divides it from another lot or from a street or from any other public or private place.

(1)

Lot line, front. The lot line separating a lot from the street to which it is addressed.

(2)

Lot line, rear. That lot line that is generally parallel to and most distant from the front lot line. In the case of a triangular or irregularly shaped lot, a line ten feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line.

(3)

Lot line, side. Any lot line other than a front lot line, street side lot line or a rear lot line.

Lot of record means a lot that has been recorded with the county probate judge according to Alabama Law.

Lot types means:

(1)

Corner lot. A lot that has frontage on more than one intersecting street.

(2)

Interior lot. A lot other than a corner lot.

Lot width means the distance between the side lot lines as measured at the front building line. For corner lots, lot width is measured between the side lot line and the opposite lot line.

Manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight feet wide or at least 40 feet long or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning, and electrical systems of the home.

Manufactured home park means land used or designed as a manufactured home community containing multiple spaces for rent or lease.

Manufactured home space means a space designed for the placement of a manufactured home within a manufactured home park.

Manufacturer; alcoholic beverages, means any person, association or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying or compounding of alcoholic beverages, liquor, beer or wine in this state for the sale or distribution in this state or other states according to its laws and regulations, to the ABC board or a licensee of the ABC board.

Medical clinic means a building in which a group of physicians, dentists, and associated professional assistants are associated for the purpose of carrying on their profession. The clinic may include a dental or medical laboratory or surgery facilities but not in-patient care.

Mini-warehouse means a building or group of buildings containing separate, individual and private storage spaces for rent or lease.

Modular structure means a structure bearing certification supplied through the state manufactured housing commission.

Motel means an establishment providing sleeping accommodations for the travelling public, in which lodging rooms are accessed from the exterior of the building. Motels may also include, as incidental uses, dining facilities, fitness centers and similar guest services.

Native tree means a tree that has a DBH of at least 12 inches and is an oak, hickory, sycamore, pine, yellow poplar, sweet gum, elm, hackberry or sugarberry, magnolia, cypress, or a newly planted tree on a development site.

Nonconforming building or structure means a building or structure that does not conform to the area or dimensional requirements of the applicable district.

Nonconforming lot means a lot of record that does not conform to the area and dimensional requirements of the applicable district, including any area required by this chapter for parking, loading and buffers required of the existing or proposed use.

Nonconforming use means a use that does not conform to the regulations of the applicable district.

Nonresidential means land uses including agricultural, institutional, commercial, lodging and industrial activities.

Off-street parking means an area of concrete, asphalt or similar hard surface, not in a street or alley, permanently reserved for the temporary storage of automobiles, as required by article VIII.

Office. See Business or professional office.

Open space means a yard area not used for a building, structure, driveway, parking, loading or storage.

Open space, common means land area within a development that is held in common ownership and maintained by a property owner's association for all of the owners for recreation, protection of natural land features, amenities or buffers; is freely accessible to all owners of the development; and, is protected by the provisions of this chapter to insure that it remains in such uses.

Outdoor storage means the keeping in an unenclosed area of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

Owner means the person having the right and legal title to, beneficial interest in or a contractual right to purchase a lot or parcel of land, or their authorized designee.

Personal service means an establishment providing services involving the care of a person or their personal goods or apparel, including repair of watches, phones, tablets, computers and other personal electronics.

Place of assembly means a facility used for and providing religious, fraternal, recreational, social, educational or cultural activities.

Place of worship means a dedicated area for religious worship or meditation.

Printing service means blue printing, copying, printing, engraving or other reproduction services.

Public facility means buildings providing public services, not otherwise defined in this section, including government offices, post offices, museums, libraries, transit stations, police and fire stations, emergency service stations, civil defense operations and similar uses.

Public utility facility means a facility that provides public utility services to the public at large, including water and sewer, stormwater, gas distribution, electric transmission and distribution, and cable transmission and distribution facilities.

Recycling center means land, with or without buildings, where used materials are collected and may be separated before being transported to a recycling plant or other location for processing and eventual reuse.

Recycling plant means a facility, other than a junkyard, in which recoverable resources, such as paper, plastic, glass, and metal cans are recycled, reprocessed and treated to return such products to a condition in which they may be used again in new products.

Repair service means an establishment engaged in the repair and maintenance of electrical, electronic and mechanical equipment, and home and business appliances.

Research laboratory means facility for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Resident means a person who receives care and resides in a group care home, nursing care facility or assisted living facility.

Restaurant means:

(1)

Fast food restaurant. An establishment where food and drink may be ordered from and delivered to an automobile.

(2)

Pick-up and delivery only restaurant. An establishment where food and drink are prepared and sold for consumption off-premises only.

(3)

Standard restaurant. An establishment where food and drink are prepared, served and consumed, mostly within the principal building.

Retail, general means retail sales of goods and services including, but not limited to; clothing and shoe stores, home furnishings, appliance stores, automobile parts and supply stores, gift shops, florist shops, drugstores, medical supplies, hardware stores, jewelry stores, sporting goods stores and antique shops.

Retail, unenclosed means retail sales of goods and services conducted partially or fully outside of a building, including but not limited to flea markets, monument sales, lumber yards and similar activities. Other types of outdoor retail sales are separately categorized as heavy equipment and vehicle sales, rental and service; vehicle and equipment sales, rental and service; and vehicle sales or rental.

Shipping container means a metal container fabricated for transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, Conex boxes and other portable structures used for storage.

Sign means any structure or part thereof which is used to announce, direct attention to or advertise.

Small cell facilities means a type of wireless broadband infrastructure involving small cell wireless technology that typically takes the form of small antennae placed on buildings, utility poles and other existing structures. This does not include telecommunication tower.

Small scale industry. See Industry, small scale.

Small shade tree means a medium-size tree of 30 to 40 feet at mature height.

Special exception means a use or characteristic of development that would not generally be appropriate in a zoning district without restriction, but which if controlled as to number, area, location or relation to the area, would not be detrimental to the public health, safety and general welfare. Special exceptions require approval by the zoning board of adjustment. See section 62-184, special exceptions.

Staff means persons who provide personal care services, supervision or assistance to residents in a group care home, nursing care facility or assisted living facility.

Street line means the dividing line between a right-of-way and adjoining property, including planned rights-of-way.

Street side lot line means the lot line, other than the front lot line, separating the lot from a street right-of-way.

Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground, including buildings or signs.

Studio means a place of work for an artist, photographer or craftsman, including instruction, display, production and retail sales of materials produced on the premises.

Subdivision regulations means the subdivision regulations of the City of Cullman, Alabama.

Surveyor means a professional surveyor registered and in good standing with the State of Alabama Board of Registration for Professional Engineers and Surveyors.

Swimming pool apron means a concrete deck around the perimeter of a swimming pool used for access to the pool and location of slides and diving boards. Does not include any contiguous patio as determined by the building official.

Telecommunication tower means a tower, pole or similar structure that supports wireless telecommunication equipment, transmission or reception, and is utilized by commercial, governmental or other public or quasi-public users, above ground in a fixed location, free-standing, guyed, or on a structure. This does not include communication towers for amateur radio towers or small cell facilities.

Tobacco, vape, CBD, THC shop/store means any retail premises whose primary purpose is dedicated to the display, sale, storage of tobacco products, electronic cigarettes (a product containing or delivering nicotine, or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product including, but not limited to, "vapes"), CBD products (products made from CBD containing less than 0.2 percent THC), and/or THC products (including Delta-8 and Delta-9 products that come from the cannabis sativa plant which are subject to federal, state and local guidelines and laws). Provided that, however, any grocery store, pharmacy, or supermarket, shall not be defined as such and shall not be subject to the restrictions in this article.

Use means the purpose for which land, buildings or structures are designed, arranged or intended, or for which they may be occupied or maintained.

Variance means a relaxation of the terms of the zoning regulations where such relaxation will not be contrary to the public interest.

Vehicle sales, rental and service means:

(1)

Heavy equipment and vehicle sales, rental and service. The sale or rental of trucks over one ton and construction and similar equipment, including the storage, maintenance and servicing of the same.

(2)

Vehicle and equipment sales, rental and service. The sale or rental of manufactured homes, tractors, farm implements and similar equipment, including the storage, maintenance and servicing of the same.

(3)

Vehicle sales, rental and service. The sale or rental of automobiles, light trucks, recreational vehicles, boats, motorcycles, including the storage, maintenance and servicing of the same.

Veterinary hospital means a facility operated by a licensed veterinarian specifically for the practice of veterinary medicine.

Wholesaling establishment means an establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wholesaling establishments include those with accessory retail sales provided that retail sales do not exceed ten percent of inventory or sales.

Wireless equipment means a wireless communication installation including antennae, antenna array, and any structure or device used to contain ancillary equipment for a wireless facility. This does not include telecommunication tower.

Yard means an open area of a lot, not occupied by any use or structure, measured from a property line to the nearest point of a structure. A required yard means a yard the depth of which is specified in the "area and dimensional regulations" for the applicable district. Refer also to lot line and accompanying diagrams.

(1)

Front yard. That area extending across the front of a lot corresponding with the front lot line between the side lot lines. Refer to corner lot for front yard location.

(2)

Rear yard. A yard extending across the rear of a lot between the side lot lines. On all lots, the rear yard is opposite the front yard.

(3)

Side yard. A yard between the principal building and the side lot line and extending from the required front yard to the required rear yard.

(4)

Street side yard. That area extending across the front of a lot corresponding with the street side lot line between from the required front yard to the rear lot line.

Zoning board of adjustment or ZBA means the zoning board of adjustment of the City of Cullman, Alabama.

(Ord. No. 2020-16, § 2.03, 3-16-2020; Ord. No. 2021-20, §§ III, IV, 2-8-2021; Ord. No. 2022-31, § II, 10-24-2022; Ord. No. 2023-29, § II, 8-21-2023; Ord. No. 2024-17, § II, 4-22-2024)

ac — acre.

ADEM — Alabama Department of Environmental Management.

amp — ampere (unit of electric current).

BMP — Best Management Practices.

FEMA — Federal Emergency Management Agency.

FIRM- Flood Insurance Rate Map.

Ft. — feet.

max. — maximum.

MDP — Master Development Plan.

min. — minimum.

n/a — not applicable.

NFPA — National Fire Protection Association.

PUD — Planned Unit Development.

RV — recreational vehicle.

sf — square feet.

TND — Traditional Neighborhood Development.

ZBA — Zoning Board of Adjustment.

(Ord. No. 2020-16, § 2.04, 3-16-2020)