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Cullman City Zoning Code

ARTICLE IV.

RESIDENTIAL DISTRICTS

Sec. 62-51.- General regulations.

The following regulations apply in all residential zoning districts:

(1)

Uses. In addition to those uses shown as permitted, special exception uses and conditional uses in Table 4-1, the following use regulations apply:

a.

Permitted uses. Accessory structures such as, but not limited to private detached garages, barbecue pits, swimming pools, storage buildings, play areas and play equipment are permitted in all residential districts but not before the principal building.

b.

Conditional uses. Conditional uses must be approved by the planning commission in accordance with section 62-172, conditional use review and approval. In addition to those uses shown in Table 4-1 as conditional uses, similar items designated by the commission, which come within the spirit or intent of the zoning district, may be permitted as conditional uses.

c.

Prohibited uses. The following are prohibited:

1.

Commercial and industrial uses not specifically permitted.

2.

Off-street parking and loading areas for uses not permitted in the applicable district.

3.

Manufactured home parks.

4.

Campgrounds.

5.

Miniature golf courses and driving ranges operated for commercial purposes.

6.

Any other uses that do not come within the spirit or intent of the zoning district, as determined by the commission.

(2)

Area and dimensional requirements. See Table 4-2 and the following:

a.

Conservation subdivisions. Area and dimensional requirements may be reduced for single-family subdivisions designed pursuant to section 62-97, conservation subdivisions.

b.

Nonresidential uses. All nonresidential uses permitted in a residential district are subject to the area and dimensional requirements for detached single-family dwellings in that district. For special exception uses and conditional uses, the approving authority may increase these requirements as a condition of approval to assure the use is consistent with the density of and properly buffered in relation to surrounding residential development.

c.

Zero lot line development. For permitted attached dwellings, a maintenance easement at least five feet wide must be secured on the adjoining lot along the side where the zero setback is proposed.

d.

Accessory structures

1.

Swimming pool aprons may not extend closer than ten feet to any property line.

2.

Any structure used for the housing of household pets of any kind must be set back as required for all other accessory structures in accordance with section 62-36(b).

(Ord. No. 2020-16, § 4.01, 3-16-2020)

Sec. 62-52. - R-1 Low Density Single-Family Residential District.

Purpose. The purpose of the R-1 District is to protect existing and enable development of new single-family residential areas at low densities, including other uses customary to such neighborhoods.

(Ord. No. 2020-16, § 4.02, 3-16-2020)

Sec. 62-53. - R-2 Medium Density Single-Family Residential District.

Purpose. The purpose of the R-2 District is to protect existing and enable development of new single-family residential areas and the development of new areas at moderate densities, including other uses customary to such neighborhoods.

(Ord. No. 2020-16, § 4.03, 3-16-2020)

Sec. 62-54. - R-3 High Density Single-Family and Duplex Residential District.

Purpose. The purpose of the R-3 District is to protect existing and enable development of new single-family residential areas at high densities along with other housing types and nonresidential uses customary to such neighborhoods.

(1)

Attached single-family dwellings may not be developed between two occupied detached single-family dwellings on the same block frontage.

(2)

Not more than two duplexes may be developed between two occupied detached single-family dwellings on the same block frontage.

(Ord. No. 2020-16, § 4.04, 3-16-2020)

Sec. 62-55. - R-4 Single-Family and Multifamily Residential District.

Purpose. The purpose of the R-4 District is to protect existing and enable development of new single-family and multifamily residential areas at high densities along with nonresidential uses customary to such neighborhoods.

Table 4-1: Uses Permitted in Residential Districts

R-1 R-2 R-3 R-4
Residential Uses
Accessory dwelling, see section 62-94 SE P P
Caretaker dwelling SE SE SE SE
Duplex P P
Single-family dwelling, attached, see section 62-93 P P
Single-family dwelling, detached P P P P
Multifamily dwelling, more than 4 units per building P
Quadplex P
Triplex P
Day care facilities
Child or adult day care center C C C
Child day care group home (7—12 children) C C C
Child day care home (up to 6 children) C P P P
Residential care facilities
Assisted living facility C
Emergency care home (see section Code of Ala. 1975, § 11-52-75.1) P
Family care home (see section Code of Ala. 1975, § 11-52-75.1) C P
Independent living facility (up to 6 residents) C P
Independent living facility (more than 6 residents) P
Nursing care facility C
Transitional care home C
Other nonresidential uses
Amateur radio tower P P P P
Bed and breakfast, see section 62-95 C C C C
Boarding house, see section 62-96 C P
Cemetery C C C C
Golf course C C C C
Home occupation, see section 62-99 SE SE SE SE
Institutional use, low intensity C C C C
Institutional use, medium intensity C C C C
Place [of] worship, low intensity C C C C
Place of worship, medium intensity C C C C
Parks, playgrounds and nature preserves C C C C
Public buildings C C C C
Public utility facility P P P P
Recreation facility, public C C C C
Residential (country) club C C C C
Short-term rentals, subject to section 62-103 P P P
Small cell facilities SE SE SE SE
Telecommunications tower, see section 62-105 C C C C

 

P — The use is permitted by right.

SE — Special exception, requires approval by the zoning board of adjustments per section 62-184.

C — Conditional use, requires approval by the planning commission per section 62-172.

A blank cell indicates the use is not permitted.

Table 4-2: Residential District Area and Dimensional Requirements

Minimum Yard Setbacks Minimum Lot Width Minimum Lot Area
Front Street Side Rear Side
R-1 40 ft. 20 ft. 40 ft. 15 ft. 100 ft. 15,000 s.f.
R-2 35 ft. 15 ft. 40 ft. 10 ft. 80 ft. 12,000 s.f.
R-3
 Detached single-family 35 ft. 15 ft. 35 ft. 10 ft. 1 60 ft. 10,500 s.f.
 Attached single-family, see also section 62-93 25 ft. 3,000 s.f.
 Duplex 70 ft. 12,500 s.f.
R-4
 Detached single-family 50 ft. 7,500 s.f.
 Attached single-family, see also section 62-93 20 ft. 2,500 s.f.
 Duplex 30 ft. 15 ft. 35 ft. 10 ft. 1 60 ft. 10,000 s.f.
 Triplex 65 ft. 12,500 s.f.
 Quadplex 70 ft. 15,000 s.f.
 Multifamily 100 ft. 25,000 s.f.

 

1 Applies only on the unattached side of attached single-family dwellings.

(Ord. No. 2020-16, § 4.05, 3-16-2020; Ord. No. 2021-20, § VI, 2-8-2021)