The following regulations are minimum regulations applicable to all uses of land and structures within the City.

(Ord. No. 2020-16, § 3.01, 3-16-2020)

(a)

No part of a yard or other open space required about any structure may be included as part of a yard or open space required for another structure.

(b)

No lot, yard, building site or open space may be reduced in area so that the lot, building site, yards or open spaces are less than the minimum required by the ordinance from which this chapter is derived. All yards, lots, building sites and open spaces created after the effective date of the ordinance from which this chapter is derived must meet the minimum requirements of this chapter.

(c)

Every structure, other than an accessory structure, erected, altered, used or occupied must have its own separate building site.

(d)

Exceptions and modifications.

(1)

Where a lot of record does not conform to the requirements of the applicable district, the lot may nonetheless be used as a building site upon approval of a variance by the ZBA. See section 62-183, variances.

(2)

The front yard setback may be reduced to the average front yard setback of existing buildings within 100 feet of a lot on the same block face and in the same district when the average is less than that required by the district. This is determined by the building official, who may refer to the commission for its consideration.

(3)

On a corner lot nothing may be erected, placed, planted, or allowed to grow in such a manner that will obstruct a motorist's line of sight in accordance with AASHTO Geometric Design of Highways and Streets, latest addition.

(4)

On any lot which, as of the effective date of the ordinance from which this chapter is derived, may be reduced in area by widening a public street to a future street line as indicated on the major street plan, the minimum required setbacks, lot areas, lot width and the maximum building area are measured by considering the future street lines as the lot lines of the lot.

(Ord. No. 2020-16, § 3.02, 3-16-2020)

All structures must comply with the applicable height restrictions of this chapter and of the city building code. However, the height restrictions of this chapter do not apply to monuments, water towers, observation towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, television towers, masts, aerials and similar structures. A fall radius for these towers and other structures may be required by the commission.

(Ord. No. 2020-16, § 3.03, 3-16-2020)

(a)

No land may be used nor building erected, enlarged, reconstructed, moved, structurally altered or used except for a use permitted by right, approved by the commission as a conditional use or by the ZBA as a special exception use in the applicable district. Uses are permitted within each district as specified in articles IV, V and VI.

(b)

If a use is not specifically referred to in this chapter, its status may be determined by the building official by reference to the most clearly analogous use in the applicable table of permitted uses or as previously determined by the commission. If a proposed use is not analogous to a use in the table of permitted uses, the building official will refer the matter to the commission.

(c)

Certain uses are subject to "use-specific regulations" in article VII.

(d)

Temporary, protective shelters approved by the building official may be used as temporary, emergency living quarters in any district.

(e)

Any use that will abut an existing use of lesser intensity must provide a buffer between it and the existing use in accordance with section 61-122, buffers.

(f)

Accessory uses and structures may not be established on a premises before the principal use or structure is established.

(Ord. No. 2020-16, § 3.04, 3-16-2020)

All uses must provide off-street parking and loading areas in accordance with article VIII, parking and loading standards.

(Ord. No. 2020-16, § 3.05, 3-16-2020)

(a)

Other than multifamily developments, only one principal building plus any permitted accessory structures is permitted on lots used for residential purposes.

(b)

Accessory structures.

(1)

Accessory structures may not include living quarters, except where expressly permitted as accessory dwellings, in accordance with section 62-94, accessory dwellings. Storm shelters, any other similar shelters used for temporary emergency protection, and swimming pool buildings that contain no sleeping or cooking facilities are not considered living quarters.

(2)

Accessory structures.

a.

May not extend closer to any front or street side lot line than the principal building except protective shelters as provided in subsection (b)(1).

b.

May not cover more than 30 percent of the rear yard.

c.

Must be set back at least ten feet from rear and side lot lines.

d.

Must be set back at least ten feet from the principal building.

e.

May not be placed within or extend into an easement.

(Ord. No. 2020-16, § 3.06, 3-16-2020)

For all proposals involving the creation of open spaces or facilities to be owned and maintained by the developer or a homeowner, property owner, or condominium association, the following apply:

(1)

If not owned and maintained by the developer, an association representing the owners must own the common open space or facility in perpetuity. Membership in the association is mandatory and automatic for all owners of the subdivision or condominium and their successors. The association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the common open space and/or facilities is borne by the association.

(2)

Management plan. The applicant must submit a plan for management of open space and/or common facilities that:

a.

Allocates responsibility and guidelines for the maintenance and operation of the common open space/facilities including provisions for ongoing maintenance and for long-term capital improvements.

b.

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the common open space/facilities and outlines the means by which such funding will be obtained or provided.

c.

Provides that any changes to the plan be approved by the commission.

d.

Provides for enforcement of the plan.

(3)

In the event the party responsible for the common open space or facilities fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the association, or to the individual owners that make up the association, and may include administrative costs and penalties. Costs will become a lien on all involved properties.

(Ord. No. 2020-16, § 3.07, 3-16-2020)

Walls and fences are not permitted to be erected, placed, maintained or grown in any manner that impedes the natural flow of stormwater or obstructs a motorist's line of sight (see section 62-32(d)).

(Ord. No. 2020-16, § 3.08, 3-16-2020)

Trailers, buses, boats, manufactured homes, recreation vehicles, box trailers, truck beds, van bodies and similar structures built to be mobile are not permitted in any zoning district, other than for transportation purposes, except as follows:

(1)

Manufactured homes may be located within a permitted manufactured home park or permitted manufactured home sales establishment. Manufactured homes may not be altered for a use other than their originally intended purpose nor be used for storage or as an accessory structure.

(2)

Portable buildings may be used temporarily as offices or for storage in conjunction with construction projects in accordance with section 62-47, temporary construction phase requirements.

(3)

Shipping containers may be allowed in business and manufacturing districts for storage only and only upon inspection and approval by the building official. Shipping containers must be located toward the rear or interior of the lot. If location on site, including screening by other structures, is insufficient to obscure containers from public view, the building official may require fencing or other screening in accordance with section 62-123, screening.

(Ord. No. 2020-16, § 3.09, 3-16-2020)

(a)

Outdoor storage.

(1)

Outdoor storage on residential premises is limited to the storage of equipment, materials and other items customarily associated with the residential use.

(2)

In all uses, other than detached single-family and duplex dwellings, outdoor storage must be screened from public view and from view of adjoining properties in accordance with section 62-123, screening.

(3)

Outdoor storage may not create a public nuisance. Any outdoor storage creating a public nuisance or health hazard may be abated by the ZBA in accordance with section 62-185, abatement of hazard or nuisance.

(4)

No storage is permitted forward of the front building line.

(b)

Dumpsters.

(1)

Approved dumpsters, which are scheduled for regular collection, may contain only approved refuse.

(2)

The dumpster must be placed on a concrete pad at least 12 feet wide, 12 feet long and six inches thick and must be screened in accordance with section 62-123, screening. Pad must also have appropriate backstop in place (minimum of eight-inch curb along back perimeter) to protect from damages. If fencing is installed, a minimum opening width of 12 feet is required.

(Ord. No. 2020-16, § 3.10, 3-16-2020; Ord. No. 2021-20, § V, 2-8-2021)

Modular homes designed and used as detached single-family dwellings are treated the same as those constructed on-site. However, modular structures for permitted nonresidential use require conditional use approval (see section 62-172, conditional use review and approval). In all cases, the building official has authority to ensure that installation of all utilities and other items, including those shown on the site plan, conform to applicable local codes. Certification from the Alabama Manufactured Housing Commission must be properly affixed to the structure and state whether it was constructed for residential or nonresidential purposes.

(Ord. No. 2020-16, § 3.11, 3-16-2020)

Liquefied petroleum fuel, propane and butane tanks may not be located forward of the front building line.

(Ord. No. 2020-16, § 3.12, 3-16-2020)

All uses in areas subject to flooding must be permitted as special exception use by the ZBA. Flood hazard areas are those areas defined by the most recently issued FEMA FIRM map. All properties in these districts must comply with chapter 20, article II of the City Code.

(Ord. No. 2020-16, § 3.13, 3-16-2020)

The city, recognizing the need for energy conservation, encourages the use of renewable energy sources and recommends structures, planting, ground covers and other site elements be designed in a manner to conserve energy and fuels.

(Ord. No. 2020-16, § 3.14, 3-16-2020)

(a)

The commission may require that all nonresidential and multifamily developments have a concrete sidewalk at least five feet in width across the entire lot frontage. This applies to both frontages of corner lots and double-frontage lots.

(b)

For all nonresidential and multifamily developments, off-street parking must be separated from principal buildings by a continuous six-foot-wide concrete sidewalk.

(c)

A concrete sidewalk, at least five feet in width, may be required in residential areas where, in the commission's opinion, the public safety and welfare requires it.

(d)

Sidewalks required along lot frontages should be located with the inner edge along the front lot line to the degree practicable. The city engineer must approve an alternate location or alignment.

(e)

Required sidewalks must comply with the requirements of the Americans with Disabilities Act (ADA).

(f)

Sidewalk fund option.

(1)

On any occasion where subsections (a)—(e) above are made applicable to a site through the operation of this section such that the installation of a new sidewalk is required at a site, the property owner or applicant with respect to that site may, if allowed by the building official or city engineer, pay 80 percent of the estimated cost, labor and materials, of the new sidewalk into the city's sidewalk fund, instead of installing the new sidewalk ("sidewalk fund option").

(2)

The building official or city engineer will allow the sidewalk fund option to be available for a site if the building official or city engineer determines, his/her reasonable discretion, that there is little or no likelihood that the new sidewalk at the property site will be joined and connected to other sidewalks in the foreseeable future in a manner such that the purposes set forth in subsection (a) above are effectively served.

(3)

The city's sidewalk fund will be a fund maintained by the city clerk for the purpose of providing funding for sidewalk construction, repair, and maintenance, and all or portions of the same may be expended for that purpose from time to time as directed by the mayor.

(4)

The building official or city engineer shall establish the estimated cost, labor and materials, of the new sidewalk for purposes of the sidewalk fund option, and in doing so, may consider the costs expended by the city with respect to sidewalk construction as well as any reasonable estimates provided by the owner or applicant with respect to the same.

(5)

If an owner or applicant utilizes the sidewalk fund option, then that fact shall be noted on any development plan that would have otherwise shown the requirement of the installation of a new sidewalk for that same occasion pursuant to subsections (a)—(e) above.

(6)

An owner or applicant's use of the sidewalk fund option on any one occasion at a site shall not prevent the future application of subsections (a)—(e) above on a later occasion at the same site where different circumstances, work, use, or development would otherwise require compliance with subsections (a)—(e) above such that the installation of a new sidewalk is required at that site. Likewise, an owner or applicant's use of the sidewalk fund option on any one occasion at a site shall not prevent a subsequent use of the sidewalk fund option at the same site at a later time.

(7)

Should an owner or applicant be denied the sidewalk fund option, he or she may file an appeal in accordance with section 62-182 of this Code.

(Ord. No. 2020-16, § 3.15, 3-16-2020; Ord. No. 2024-20, § II, 7-15-2024)

All new buildings must comply with the applicable provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG), 42 USC 12101 et seq., and City Building Code.

(Ord. No. 2020-16, § 3.16, 3-16-2020)

(a)

Field offices. Structures used for temporary field offices must be located within the property lines of the project or another location expressly approved by the building official. Temporary field offices may be placed no earlier than the effective date of the building permit and must be removed from the property before the certificate of occupancy shall be issued. Temporary field offices may be supplied with electrical power and telephone service in compliance with all local codes. At no time may a temporary field office be used as a dwelling.

(b)

Portable toilets.

(1)

All new construction must have at least one portable toilet, complying with all health department regulations, located within the property lines of the project or another location expressly approved by the building official. The building official may waive this requirement for renovation projects and otherwise if sanitary facilities are available on-site.

(2)

The contractor is responsible for maintaining the portable toilets in a manner conducive to the public health and safety.

(c)

Silt barriers and BMPs. A continuous silt barrier is required on all construction projects to minimize particulate runoff. The silt barrier and other best management practices (BMPs) must be maintained throughout construction.

(Ord. No. 2020-16, § 3.17, 3-16-2020)

Runoff from any structures and other impervious surfaces, swimming pools and downspouts may not be directed onto adjoining properties. Other than downspouts, drainage may only be directed to public rights-of-way with approval of the city.

(Ord. No. 2020-16, § 3.18, 3-16-2020)