Except as hereinafter provided, the following shall generally apply:

7.1.1

Use. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is or is to be located.

7.1.1.1

Mobile homes. Mobile homes shall not be permitted in any district except R-3 as specified hereafter, and the Town Council shall not spot zone individual lots in other districts for mobile home use; except that a mobile home or other structure may be used temporarily as a construction shack in any district but must be removed immediately upon completion of the construction.

7.1.1.2

Modular structures. Modular structures may be used for any uses permitted in the G-B and M-1 districts, subject to the same setback, landscaping and other requirements set forth in this ordinance.

7.1.2

Building Heights. No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located except as otherwise provided in this ordinance.

7.1.2.1

Height exceptions. The height limits for the various districts shall not apply to church spires, belfries, cupolas, penthouses, or domes not used for human habitation, nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, radio and television transmitting and receiving antennas, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to that height necessary for their proper functioning. The height of a planned unit development structure shall be set by the Town Council at the same time as the other construction and use elements but shall not exceed the parameters of Section 8.4, "Planned Unit Developments".

7.1.3

Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side or rear yard, inner or outer courts, lot area per family or other requirements of this ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for public use.

7.1.4

Yards. No part of a yard or other open space required for any building for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such projections shall not extend more than two (2) feet beyond the yard area requirements.

7.1.5

Multi-Family. Site plans shall be submitted no less than ten (10) days prior to the meeting at which they are to be reviewed.

7.1.5.1

Site plans shall be the same as those submitted to the Building Inspector and at the least shall contain an accurate plot plan drawn to scale showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines, within which the proposed buildings and structures that shall be erected or altered, the existing and intended use of each building or part of building, the number of families or housekeeping units the building(s) is/are designed to accommodate, the topography, the proposed drainage system, the zone or intended zone for the use proposed, the names of streets adjoining said property, and such other information as may be necessary to determine and provide for the enforcement of this ordinance.

7.1.6

One Principal Building on Lot. Every residential building, including hotels, motels, condominiums, single-family and multi-family dwellings, and duplexes hereafter erected or moved shall be located on a lot, and in no case shall there be more than one (1) principal residential building on a lot except as follows:

7.1.6.1

In any district where multi-family structures, motels or hotels are permitted, two (2) or more residential structures may be permitted on a lot provided that no building shall be located closer to another building on the same lot than a distance equal to half the sum of the heights of both buildings. In flood hazard areas identified on the National Flood Insurance Rate Maps, the height of a building shall be measured from the floor level of the first habitable story for purposes of this section. In addition, the front or rear of any building may be no closer to the front or rear of any other building than forty (40) feet. The said of any building shall be no closer to the side, front or rear of any other building than thirty (30) feet, except in a planned unit development as the Town Council, (CA) shall determine multiple buildings proximities which, when approved, shall be shown on the master plan.

7.1.7

Residential Uses in Business District. Residential uses shall be allowed in any business district as per the use tables in Article IX.

(Ord. of 6-21-2005)

Manufactured homes not meeting HUD standards (U.S.C. 5401) and not having the HUD Stamp Certification permanently attached shall not be installed, erected or permitted. A manufactured home which otherwise qualifies as a single-family dwelling unit under Section 6.2 hereof, shall be allowed to be placed or erected in certain residential zones upon compliance with the following requirements:

a.

A manufactured home may be located within any residential zone.

b.

The manufactured home shall be reviewed and approved or disapproved by the Zoning Enforcement Officer as to compatibility standards set forth in Section 7.2.1.

Contractors doing any and all work required by this Ordinance in the setting of a manufactured home shall be licensed by the State and licensed by the Town of Elberta. Licensing by the State is required prior to receiving a license from the Town of Elberta. Compliance with this Ordinance and other Ordinances of the Town of Elberta, as is the same for erecting other types of structures, is a requirement prior to the issuance of a Building Permit.

1.

Manufactured homes shall be installed according to the current regulations of the Alabama Manufactured Housing Commission Statutory Law, Title 24, Housing Code of Alabama [Code of Ala. 1975, title 24].

2.

Be constructed according to standards established either by the Alabama Manufactured Housing Commission Statutory Law, Title 24, Housing Code of Alabama as amended from time to time [Code of Ala. 1975, title 24] or the Standard Building Code, or the National Manufacturing Housing Construction and Safety Standards Act of 1974 as amended, U.S.C. 5401.

3.

Manufactured homes placed in residential zoning districts or areas shall meet the minimum compatibility standards herein set forth and in Section 7.2.1.

7.2.1

Placement of a manufactured home may be permitted after it has been reviewed and determined that the manufactured home is compatible with the general appearance of homes in the surrounding area.

(Ord. of 6-17-2003)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the official zoning map the following rules shall apply:

7.3.1

Unless otherwise indicated, the district boundaries are indicated as approximately following property lines, land lot lines, center lines of streets, highways, alleys, shorelines of streams, reservoirs, or other bodies of water, or civil boundaries, and shall be construed to follow such lines, as shown on the current Baldwin County Property Ownership Maps.

7.3.2

Where district boundaries are approximately parallel to the center lines of streets, highways, or railroads, streams, reservoirs, or other bodies of water, or said lines extended, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance if given, such dimensions shall be determined by the use of the scale shown on the official zoning map.

7.3.3

Where district boundary lines as appearing on the official zoning map divide a lot which is in single ownership at the time of this enactment, the use classification of the larger(est) portion may be extended to the remainder by the Planning Commission without recourse to amendment procedure.

7.3.4

Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

7.3.5

In case the exact location of a boundary cannot be determined by the foregoing methods, the Board of Adjustment shall upon application, determine the location of the boundary.

It is the intent of this ordinance to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is also the intent of this ordinance to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights. Any structure or use of land existing at the time of the enactment of this ordinance and amendments thereto, not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

7.4.1

Unsafe Structures. Any structure or portion thereof declared unsafe by any authority may be restored to a safe condition, provided the requirements in this section are met.

7.4.2

Alterations. Any change in a nonconforming building site or yard area is subject to the following:

7.4.2.1

Any improvements, alterations, repairs or installation of new fixtures or equipment for an existing nonconforming structure may be accomplished by the owner of the structure upon obtaining the proper permits from the Town inspection department; provided that such improvements will not be detrimental to the area, will not increase the nonconformity, and will, in all other respects, meet the requirements of the district.

7.4.2.2

Should a nonconforming building be moved, all nonconforming yard areas shall be eliminated.

7.4.2.3

A nonconforming use of land shall be restricted to the lot occupied by such use as of the effective date of this ordinance. A nonconforming use of a building or buildings shall not be extended to include either additional buildings or land after the effective date of this ordinance.

7.4.2.4

A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the Board of Adjustment.

Such damaged or destroyed structures that are no longer in use shall be removed and the site cleared at the owner's expense.

7.4.3

Change in Use. A nonconforming use which is changed to a conforming use shall not be permitted to revert to the original or a less restrictive use.

7.4.4

Discontinuance. A nonconforming use which became such upon the adoption of this ordinance and which has been discontinued for a continuous period of one year shall not be reestablished and any future use shall be in conformity with the provisions of this ordinance.

7.4.5

Adjacent Land. The presence of a nonconforming use in a zoning district shall not be allowable as legal grounds for the granting of variances or zoning amendments for other surrounding properties by the Board of Adjustment.

7.4.6

Access to Public Streets. Access to public streets shall be maintained in accordance with the following requirements:

7.4.6.1

Each principal use shall be placed on a lot or parcel which provides frontage on a public street having a right-of-way of not less than sixty (60) feet, except where existing public rights-of-way are less than sixty (60) feet.

7.4.6.2

Any additional dwelling shall have access to a public street by means of a passageway open to the sky at least fifteen (15) feet in width.

7.4.7

Lots of Record. Where the owner of a lot of record or his successor to the title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, the following exceptions may be allowed:

7.4.7.1

Where a lot, tract or parcel of land has an area or width that does not conform to the requirements of the district in which it is located, said lot may be used for a single-family dwelling in any residential district, provided the lot to be so used has a minimum area of four thousand (4,000) square feet and a minimum lot width at the building line of forty (40) feet, provided it is located on a public sewer. In commercial and industrial districts, uses compatible with the district may be allowed by the Planning Commission including but not limited to waiver of front, side, and rear setbacks, parking, etc.

7.4.7.2

When two (2) or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of application and such lots have a frontage or lot area less than is required by the use district in which they are located, such lots shall be platted or reparceled so as to create one or more lots which conform to the minimum frontage and area requirements of the use district.

7.4.8

Yard Requirements. Yard requirements shall be modified subject to the following conditions:

7.4.8.1

On double frontage lots, the required front yard shall be provided on each street.

7.4.8.2

Whenever a rear or side property line of a lot abuts upon an alley, one-half (½) of the alley width shall be considered as a portion of the required yard.

7.4.8.3

An unroofed porch shall not project into a required front yard for a distance exceeding five (5) feet.

7.4.8.4

On substandard lots of record, the front, side and rear setbacks may be less than required in this ordinance; provided that, no front setback shall be less than the average setback of the existing developed lots on the same block and on the same side of the street; no side setback shall be reduced to less than five (5) feet; and no rear setback shall be reduced to less than fifteen (15) feet. The amount of reduction up to these limits shall be determined by the Building Inspector in consideration of the lot size and the size of the proposed structure.

7.4.8.5

The setback requirements for side yards and/or front yards on corner lots shall not apply to any lot where the average setback on developed lots located, wholly or in part, one hundred (100) feet on each side of such lot and within the same block and zoning district and fronting on the same streets as such lot, is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the existing setbacks on the existing developed lots.

7.5.1

In any commercial or industrial district, any operation not conducted within a building, such as drive-in businesses, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than six (6) feet in height where necessary to conceal such areas or facilities from a residential district adjoining or facing across a street in the rear or on the side of the principal building or use.

7.5.2

In any district where reference is made requiring adequate screening of a specified operation, such screening shall be a wall or fence of solid appearance or tight evergreen hedge not less than six (6) feet in height.

7.5.3

Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, and shall be so situated as not to reflect directly into any public right-of-way.

7.5.4

All screening, lighting, space, etc., shall be in good condition and appearance. The Building Inspector may cause to be removed, replaced, repaired or corrected at the owner's expense, any screening, lighting and space improperly maintained.

Owners, particularly developers of the larger paved areas such as those in connection with apartment complexes, shopping centers, etc., shall be responsible for increased runoff resulting from these developments which cause flood damage to neighboring property. The Building Inspector shall, in consultation with the Town Engineer, determine that reasonable provisions for properly handling surface drainage have been made in the applicant's design, and report these findings for the Planning Commission's consideration in acting on building applications. If such reasonable provisions are not made in the applicant's design, the Planning Commission shall make such remedies as may be available to the applicant as a condition of the building permit issuance.

Where more than one acre of land will be disturbed for construction purposes, owners shall be required to comply with the regulations set forth in Article XI, Erosion and Sediment Control of this ordinance.

In areas where there are no sewerage facilities, septic tanks may be used in accordance with current regulations of the Alabama Department of Public Health and the Baldwin County Health Department.

Where subdivisions, lots, or parcels exist which have already been recorded or which will be recorded with deed restrictions or other such restrictive covenants, such restrictions and covenants shall apply if they are more stringent than the requirements of this ordinance; otherwise, the requirements of this ordinance shall apply.

Any use of buildings or land existing on the date of adoption of this ordinance and not in compliance with its provisions, unless elsewhere restricted by other provisions of this ordinance, shall be allowed to continue as a nonconforming use. Any land development projects in Baldwin County within the territorial and legal authority of this ordinance that are not located in a district designated for their intended use may be permitted to continue provided that:

7.10.1

The project was under construction prior to the date of adoption of this ordinance. For the purposes of this section, under construction shall mean that a legal building or construction permit has been issued and that actual construction has been or will be started within the initial period of validity of the permit, exclusive of any time extensions.

7.10.2

The Town reserves the right to require compliance with the requirements of this ordinance for districts in which similar uses are permitted; and

7.10.3

Other conditions may be required by the Town due to the unique circumstances of the land.

Developments or individual lots in all districts must connect to public or private community water and sewer systems where such systems border any development or lot lines or are reasonably available and the appropriate utility has the capacity to provide the service; otherwise, lots must meet the minimum size requirements of the health department, for on-site wells and/or septic systems. Existing private wells and septic systems that are functioning properly and meet the health department requirements may continue to be used.

7.11.1

It is the intent of this ordinance to eliminate by attrition all existing private wells and septic systems in areas where public or private community water and sewer systems are available. Therefore, at such time as any private well or septic system fails to function properly or must be replaced, the owner must connect to the public or private community water and sewer system where such systems border any development or lot line or are reasonably available and the appropriate utility has the capacity to provide the service.