Certain words and phrases used in this Ordinance have the meaning ascribed to them in this Article. Except as defined herein or in the City Subdivision Regulations, all other words used in this Ordinance have their customary dictionary definition.

The Zoning Official is authorized to make a final determination of the meaning of any word or phrase used in this Ordinance.

In the interpretation of this Zoning Ordinance, 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.

2.02.01 The word "person" includes a firm, corporation, association, organization, trust or partnership.

2.02.02 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.

2.02.03 The word "lot" includes the words "parcel" and "tract."

2.02.04 The word "must" is mandatory and not directory.

2.02.05 The word "may" is permissive. When used in the negative, it is prohibitive (e.g., "may not" means "prohibited").

2.03.01 Accessory Structure. Any detached structure located on the same lot with the principal structure, the use of which is incidental to that of the principal structure.

2.03.02 Accessory Use. A use customary and incidental to the principal use of the premises.

2.03.03 Adjacent. Either adjoining or on the opposite side of a street or other right-of-way that separates it from the subject property. Properties separated by a railroad are not considered Adjacent.

2.03.04 Adjoining. Having property or district lines in common. Properties separated by a right-of-way are Adjacent, but not Adjoining. However, notwithstanding the definitions set out in Section 2.03.03 and in this Section 2.03.04, in the context of annexations under Alabama law, the words "adjacent," "adjoining," and "contiguous" shall have their meaning as proscribed by Alabama law and may be considered synonymous under Alabama law. Nothing in this ordinance or the aforementioned definitions is attempting to in any way alter Alabama law in this regard and neither this ordinance nor said definitions are intended to be more restrictive or limiting than as provided by Alabama law in the context of annexations.

2.03.05 Alteration, Altered. Any addition to the height, width or depth of a structure; any change in the location of any of the exterior walls of a structure; or any increase in the interior accommodations of a structure.

2.03.06 Apiary. A place where bees are kept or a collection of honeybee colonies.

2.03.07 Applicable District. That zoning district in which the subject site, use or structure is or is proposed to be located.

2.03.08 Applicant. A person submitting an application for development, a variance, special exception, rezoning or other approval under this Zoning Ordinance.

2.03.09 Approving Authority. That official or body empowered to act on a request or matter pursuant to Alabama law and the provisions of this Ordinance, which includes but is not limited to: 1) for building permit applications and plans requiring only administrative approval, the Zoning Official; 2) for plans involving a Special Exception or Variance, the Board of Adjustment; 3) for PRD Master Plans, the Commission; and 4) for PBD plans, the Council.

2.03.10 Awning. A shelter attached to and hanging from a vertical surface or a building without any other support from the ground.

2.03.11 Basement. 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 6.5 ft.

2.03.12 Bedroom. A room marketed, designed or otherwise intended to function primarily for sleeping and meeting Building Code requirements for such use.

2.03.13 Beekeeper. A person or entity who owns, leases or manages one or more colonies of bees on real property which is owned or leased, as a result of bona fide, arms-length transaction, by the Beekeeper for pollination or the production of honey, beeswax or other byproducts, either for personal or commercial use.

2.03.14 Block. That portion on either side of the street considered, upon which the building, structure or development is situated or proposed, bounded by the nearest intersecting streets.

2.03.15 Board of Adjustment or Board. The Board of Zoning Adjustment of the City of Enterprise, Alabama.

2.03.16 Buffer. A strip of land that is landscaped to separate incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, and reducing glare.

2.03.17 Building. Any structure having a roof supported by columns or walls and designed for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.

2.03.18 Building Area. The portion of the lot occupied by the main building, including porches, carports, accessory buildings, and other structures.

2.03.19 Building Code. The most recent building-, construction- and fire-related codes adopted by the City of Enterprise.

2.03.20 Building Height. The vertical distance from grade level to the highest point of the parapet of a flat roof or to the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip and gambrel roofs.

Building Height

2.03.21 Building Line. A line extending across the width of the lot coincident with the plane of the building, as constructed, nearest the corresponding lot line.

2.03.22 Building, Principal. A building in which is conducted the principal use of the lot on which it is situated. Multifamily, nonresidential and mixed-use developments may have more than one principal building on the same lot.

2.03.23 Building Separation. The horizontal distance measured between the nearest portions of any structures on the same lot.

2.03.24 Certificate of Occupancy. Official certification that a premise conforms to the provisions of the Zoning Ordinance and Building Code and may be used or occupied.

2.03.25 City. The City of Enterprise, Alabama.

2.03.26 City Council. The City Council of the City of Enterprise, Alabama.

2.03.27 City Engineer. The City Engineer of the City of Enterprise, Alabama, or their authorized designee.

2.03.28 Colony. The hive and its equipment and appurtenances including bees, comb, honey, pollen and brood.

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

2.03.30 Development. 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.

2.03.31 District or Zoning District. A division of the City of Enterprise for which permitted uses, lot sizes, building heights and other requirements are established.

2.03.32 Donation Bin. A portable or stationary, enclosed container into which donated goods are collected before being transported to another premises for processing.

2.03.33 Dwelling Unit. Any portion of a building used, intended or designed as a separate abode for a family.

2.03.34 Exterior Insulation and Finish System (EIFS). An exterior wall cladding using rigid insulation boards on the exterior of the wall sheathing with a plaster appearance.

2.03.35 Excavation. Any man-made cavity or depression in the earth's surface including all sides, walls, or faces formed by earth removal and producing unsupported earth conditions by reasons of the excavation.

2.03.36 Facade. That elevation of a principal building oriented toward the street.

2.03.37 Family. Any one of the following arrangements when living in a dwelling as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and housekeeping facilities:

A.

A person living alone;

B.

Two or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship living together;

C.

No more than four unrelated persons living together;

D.

A number of unrelated persons but not exceeding two and any children related to either of them by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, living together.

2.03.38 Fence. An artificially constructed barrier of any kind erected to enclose, delineate or screen a property or portions thereof.

2.03.39 Fowl. Chickens, turkeys, ducks, geese, quail, guineas and similar birds raised, kept or bred for agricultural or commercial purposes or for egg or food production.

2.03.40 Grade Level. For buildings, the average level of the finished grade at the front building line. For trees, landscaping and light fixtures, the level of finished grade at the base of the tree, plant, or fixture. For freestanding signs, the level of finished grade at the nearest edge of pavement of the adjoining street immediately in front of the sign.

2.03.41 Gross Floor Area. The sum of the areas of all floors within the outside edge of the outside walls of a building, excluding basements.

2.03.42 Hive. A structure for housing honeybees.

2.03.43 Home stand. A space designed for the placement of a manufactured home within a Manufactured Home Park.

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

2.03.45 Loading, Off-Street. That portion of a premises used for loading or unloading of goods, materials or things, for delivery and shipping.

2.03.46 Lot. Land occupied or intended for occupancy by a use and having frontage on a street.

2.03.47 Lot Line. A line bounding a lot, which divides it from another lot or from a street or from any other public or private place. Refer also to diagrams under Yard.

A.

Lot Line, Front. The lot line separating a lot from a street right-of-way. In the case of Single-Frontage Corner Lots, there is a primary and secondary front line. The shorter of the two is the primary front lot line. All other corner lots are considered Dual-Frontage Corner Lots, in which case, both lot lines along streets are considered front lot lines. Refer to diagram following.

Corner Lot Types

B.

Lot Line, Rear. That lot line that is generally parallel to and most distant from the Front Lot Line or Primary 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.

Rear Lot Line of a Triangular Lot

2.03.48 Lot Width. The width of the lot at the front building line.

2.03.49 Nonconforming Use. The use of any building or land which use does not conform, after the passage of this Ordinance or amendment thereto, with the use regulations of the applicable district.

2.03.50 Owner. The person having the right and legal title to, beneficial interest in or a contractual right to purchase a lot or parcel of land.

2.03.51 Parcel. A part or portion of land. Parcel in relationship to land is a contiguous quantity of land in possession of an owner.

2.03.52 Parking Space, Off-Street. An accessible space permanently reserved for the temporary storage of one vehicle, connected with a street by a driveway or an alley, having an area of at least 162 sf, a minimum width of nine feet, and a minimum length of 18 ft, exclusive of driveways and maneuvering area.

2.03.53 Planning Commission or Commission. Planning Commission of the City of Enterprise, Alabama.

2.03.54 Recreational Vehicle. A vehicular-type structure, primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered, including, but not limited to, travel trailers, camping trailers, campers and motor homes.

2.03.55 Setback. See Yard.

2.03.56 Site. The spatial location of an actual or planned structure or set of structures; or, a space of ground occupied or to be occupied by a building.

2.03.57 Site Plan. A scale drawing showing the relationship between the lot lines and their uses, buildings or structures, existing or proposed on a lot, including such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor areas, densities, septic tank tile fields, utility lines and currents, or a special or particular use.

2.03.58 Story. That portion of a building included between the surface of the floor next above, or if there is no floor above it, then the space between such floor and the ceiling next above it.

2.03.59 Structure. Any combination of materials, including buildings, constructed or erected, the use of which requires location on the ground or attachment to anything having location on the ground, including among other things, gasoline pumps and signs, but not including utility poles, overhead wires and fences.

2.03.60 Subdivision Regulations. The Subdivision Regulations of the City of Enterprise, Alabama.

2.03.61 Temporary Use. A use, involving portable or temporary structures, established for a limited duration with the intent to discontinue such use upon the expiration of the allowed period.

2.03.62 Tiny Home on Wheels. A prefabricated structure used for temporary or permanent residential occupancy that is set on a permanent trailer chassis with wheels and that does not comply with Building Code or HUD Code requirements for residential occupancy.

2.03.63 Tract. A lot, piece, or parcel of land; the term not meaning any precise dimension, but generally referring to a larger piece of land.

2.03.64 Unnecessary Hardship. A situation when all relevant factors, when taken together, indicate that the plight of the subject property is unique in that it cannot reasonably be made to conform to the provisions of this Ordinance. Unnecessary hardship also includes those decrees and standards as set out in Alabama cases and statutes.

2.03.65 Use. The function, activities, or purpose for which land or structures are designed, arranged, occupied, or maintained.

2.03.66 Variance. A deviation from the provisions of this Ordinance granted by the Board, where such deviation is appropriate because the property has unique or special conditions which are not common to other property in the zoning area; applying this ordinance, as written, will cause an unnecessary hardship on the property; will not be against the public interest; will be in keeping with the general purpose of this ordinance; and, will do substantial justice. See Section 12.05 Variances.

2.03.67 Yard. 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. Refer also to Lot Line and yard diagrams following.

A.

Established Yard. In contrast to a Required Yard, the area between a lot line and the corresponding Building Line as built. For example, an established rear yard is the area between the rear lot line and the rear most line of the building.

B.

Front Yard. A yard extending across the full width of the lot and extending from the street right-of-way line to the front building line.

(1)

Primary Front Yard. The yard of a Single-frontage Corner Lot that corresponds with the Front Yard of the adjoining Interior Lot.

(2)

Secondary Front Yard. A yard of a Single-frontage Corner Lot along a Front Lot Line other than the Primary Front Yard.

C.

Rear Yard. A yard extending across the rear of a lot between the side lot lines and extending from the rear property line to the rear building line. On all lots the Rear Yard is opposite the Front Yard or Primary Front Yard.

D.

Required Yard. A yard the depth of which is specified in the district regulations.

E.

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.

Interior Lot

Dual-frontage Corner Lot

Single-frontage Corner Lot

2.03.68 Zoning Official. That official of the City of Enterprise designated by the City Council to administer these Regulations, or their designee.

2.04.01 Agriculture or Agricultural Use. 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.

2.04.02 Alternative Financial Service. A check cashing business, payday advance or loan business, money transfer business, car title loan business, title pawn business or similar business engaged in non-traditional short-term lending. This term does not include pawn shops, state or federally chartered banks, savings associations, credit unions, or industrial loan companies and retail sellers that cash checks or issue money orders incidental to the main business.

2.04.03 Amateur Radio Tower. A tower with one or more antennas connected to radio equipment operated by a licensed amateur radio operator in accordance with applicable FCC laws and regulations.

2.04.04 Animal Hospital. A facility operated by a licensed veterinarian where medical or surgical treatment and short-term boarding are provided for household pets.

2.04.05 Animal Shelter. Nonprofit or public organization providing shelter for dogs, cats and other small domestic animals.

2.04.06 Assisted Living Facility. A facility licensed by the Alabama Department of Public Health in which room, meals, laundry, assistance with personal care, supervision of self-administered medication and other services are provided for not less than 24 hours in any week to a minimum of two ambulatory adults not related by blood or marriage to the owner and/or administrator.

2.04.07 Automobile Repair.

A.

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

B.

Minor Automobile Repair. Sales, installation and servicing of mechanical equipment and parts for motor vehicles, including audio equipment and electrical work, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/or replacement and similar activities.

2.04.08 Bakery, Major. An establishment that bakes goods primarily for wholesale and that may include storage and distribution facilities.

2.04.09 Bakery, Minor. An establishment that bakes goods for on-premises retail sales or catering.

2.04.10 Bank. A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, and similar businesses not otherwise defined as Alternative Financial Services.

2.04.11 Bed and Breakfast. A detached single-family dwelling where lodging for persons not of the immediate family is provided for by compensation for definite periods of time up to 30 days.

2.04.12 Boarding House. Any building or portion thereof that contains not less than three nor more than nine guest rooms, which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation whether paid directly or indirectly, for defined periods of time of at least 30 days. Does not include Hotels or Motels.

2.04.13 Borrow Pit. A premises where dirt, soil, sand, gravel or similar materials are removed from below grade for any purpose other than that necessary and incidental to site grading or building construction on the same premises.

2.04.14 Broadcast Studio. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including film and sound recording, such as a radio or television studio.

2.04.15 Business or Professional Office. A place where the affairs of a business, profession, service, or industry are conducted and that is generally furnished with desks, tables and communications equipment. Includes medical, dentist and similar healthcare offices for outpatient care on an appointment basis, call centers and broadcast studios, but not Medical Clinics.

2.04.16 Business Support Service. A place of business that supplies support services primarily to business or professional offices or services, such as photocopy, computer, and office equipment, supplies and services.

2.04.17 Campground. Land on which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation, education or vacation purposes for no more than 120 consecutive days. See also Recreational Vehicle Park.

2.04.18 Car Wash. A commercial establishment engaged in washing, cleaning, and/or detailing of automobiles and other light vehicles.

2.04.19 Commercial Kitchen. A facility where food is prepared for catering or mobile food vendor operations excluding on-site dining of food prepared.

2.04.20 Community Service Club. Building arranged for the gathering of private club members and their guests, including social club, professional association, fraternal lodge, union hall, civic association, and similar uses.

2.04.21 Comprehensive Plan. The Comprehensive Plan of the City of Enterprise, Alabama, including any legally adopted part of the Comprehensive Plan. This may include, but is not limited to: Zoning Ordinance, Subdivision Regulations, Major Street Plan, Land Use Plan and Downtown Plan.

2.04.22 Conservation Subdivision. 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 7.05 Conservation Subdivisions.

2.04.23 Construction Service, Major. A place of business engaged in construction and related trade activities with outdoor storage or work yards such as a building contractor or similar trade and that may involve wholesaling of building materials. Includes wholesale building supply business.

2.04.24 Construction Service, Minor. A place of business engaged in construction-related trade activities with only incidental outdoor storage such as a building contractor, electrician, plumber or similar trade excluding any retail or wholesale sales.

2.04.25 Country Club. Land and buildings containing recreational facilities and club house for private club members and their guests.

2.04.26 Day Care Facilities.

A.

Day Care Center. Any building and related premises used for the care of 13 or more children or adults for only part of the day.

B.

Day Care Home. A detached single-family dwelling used for the care of six or fewer children or adults for only part of the day.

C.

Group Day Care Home. A detached single-family dwelling used for the care of seven to twelve children for only part of the day with at least two adults present and supervising childcare activities.

2.04.27 Dwelling. Any building or portion thereof in which people live.

A.

Accessory Dwelling. A subordinate, independent dwelling unit located on the same lot as a detached single-family dwelling. See Section Accessory Dwellings.

B.

Caretaker Dwelling. A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises and not available to the public for rental purposes.

C.

Duplex Dwelling. A detached or single building designed for or occupied exclusively by two families living independently of each other.

D.

Multifamily Dwelling. A building containing five or more dwelling units.

E.

Quadplex Dwelling. A residential building containing four dwelling units.

F.

Single-Family Dwelling, Detached. A building containing one dwelling unit that is not attached to any other dwelling.

Dwelling Types

G.

Tiny Home Dwelling. A site-built, modular or prefabricated structure of less than 500 sf, exclusive of any loft space, used for permanent or temporary residential occupancy and that complies with Building Code requirements for residential occupancy.

H.

Townhouse Dwelling or Single-Family Dwelling, Attached. A dwelling in a row of at least three such units, 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.

I.

Triplex Dwelling. A residential building containing three dwelling units.

J.

Upper-Story Dwelling. A dwelling unit located on a floor above another use in the same building.

K.

Zero Lot Line Dwelling. A single-family detached dwelling located on a lot so that one of the dwelling's sides rests on a lot line.

2.04.28 Emergency Shelter. A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms, or other emergencies.

2.04.29 Engineer. A professional engineer registered and in good standing with the State of Alabama Board of Registration for Professional Engineers and Surveyors.

2.04.30 Entertainment, Indoor. An establishment providing spectator entertainment within an enclosed building, including but not limited to movie theaters, playhouses, arts centers, and live music venues.

2.04.31 Entertainment, Outdoor. A commercial establishment providing spectator entertainment in open or partially enclosed or screened facilities, including amphitheaters, sports arenas, racing facilities, and amusement parks.

2.04.32 Farm. A tract of land used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to humans, including the following farming activities: forages and sod crops; grains and seed crops; dairy animals and products; poultry, including egg production but excluding poultry processing; livestock, such as beef cattle, sheep, goats, or any similar livestock, including the breeding and grazing of such animals but excluding meat processing; and nursery operations involving the raising of plants, shrubs, and trees for sale and transplantation and including greenhouses and incidental sales of items customarily associated with a nursery operation; bees and apiary products; fisheries, excluding fish and seafood processing; fruits and vegetables of all kinds, including growing and harvesting of such fruits and vegetables, but excluding food processing.

2.04.33 Farm Support Business. A commercial establishment engaged in the sale of farm support goods and services, including the following activities: 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 large animals.

2.04.34 Forestry. Operations involving the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or performing forest services, including temporary sawmills and chippers for cutting of timber growth on the same premises but excluding lumber yards, mills, and similar activities.

2.04.35 Funeral Home. A commercial establishment engaged in funeral and undertaking services for human burial.

2.04.36 Garden Center. Retail sales of plants, trees, shrubs, and the like for ornamental or landscaping purposes, conducted from a building, greenhouse, outdoor display area, or stand, including incidental sales of items customarily associated with such sales activities, including such items as containers, fertilizers, ornaments, small gardening tools and equipment, and seeds.

2.04.37 Gas Station. An establishment involving the retail dispensing of automotive fuels.

2.04.38 Group Care Home. 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:

A.

Emergency Care Home. A Group Care Home, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to provide a protective sanctuary and emergency housing to victims of crime or abuse.

B.

Family Care Home. A Group Care Home, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to serve socially, physically, mentally, or developmentally impaired persons in a family-type living arrangement, and which meet or exceed the minimum requirements of §11-52-75.1, Code of Alabama, 1975 as amended.

C.

Transitional Care Home. A Group Care Home, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to assist persons, especially those leaving institutions, to reenter society and learn to adapt to independent living.

2.04.39 Home Occupation. Business carried on in a dwelling that is limited in extent and clearly incidental and secondary to the use of the property for residential purposes, specifically excluding beauty parlors, barbershops, and medical offices for the treatment of patients.

2.04.40 Hospital. An establishment that provides health services primarily for in-patient medical or surgical care of the sick or injured, including accessory facilities such as laboratories, pharmacies, outpatient clinics and surgery centers, training facilities, gift and florist shops, coffee shops, cafeteria and staff offices.

2.04.41 Hotel. 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 dining facilities, fitness centers and similar incidental services for guests.

2.04.42 Junkyard. A place of business engaged in the storage, sale, dismantling or other processing of used or waste materials, such as a junk or automotive salvage yard. Does not include Recycling Center or Recycling Plant.

2.04.43 Kennel. Any facility at which cats, dogs, or similar household pets are trained or bred and may be kept overnight in unenclosed or partially enclosed spaces.

2.04.44 Independent Living Facility. A residential facility for the elderly 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.

2.04.45 Institutional Uses. 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:

A.

Low Intensity. Nonprofit cultural facilities up to 4,000 sf; places of assembly up to 199 seats.

B.

Medium Intensity. Nonprofit cultural facilities, health institutions and other institutions up to 12,500 sf; elementary and junior high/middle schools; places of assembly with 200 to 500 seats.

C.

High Intensity. Cultural facilities, health institutions and other institutions greater than 12,500 sf; places of assembly greater than 500 seats; high schools, universities, colleges, junior colleges; stadiums and arenas.

2.04.46 Landfill. A State-approved site for the controlled disposal of solid waste, garbage, brush, yard waste, construction debris, or other waste materials.

2.04.47 Laundering Plant. 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 laundry Services.

2.04.48 Laundry Service. Laundromat, laundry and dry-cleaning pick-up stations and clothing storage, excluding laundering Plants.

2.04.49 Liquor Lounge. A licensed establishment engaged in the preparation, sale, or serving of liquor for consumption on the premises, including taverns, bars, cocktail lounges, night clubs, bottle clubs, private clubs, restaurant lounges, hotel and motel lounges, discotheques, dance halls, and similar uses where liquor consumption is a primary or incidental activity on the premises. Does not include Liquor Stores or establishments that sell or serve only beer or wine.

2.04.50 Liquor Store. A licensed establishment that sells liquor for off-premise consumption only.

2.04.51 Livestock Sales. The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse auctions, and similar activities.

2.04.52 Maintenance Service. An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services.

2.04.53 Manufactured Home. A structure constructed on or after June 15, 1976, according to the rules of the US 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 ft long or, when erected on site, at least 320 sf; includes the plumbing, heating, air conditioning, and electrical systems of the home. Removal of wheels or chassis and placing such a structure on the ground, or other foundation does not remove such a unit from this definition.

2.04.54 Manufactured Home Park. A parcel of land under single management that has been planned and improved for the provision of space and services for manufactured homes for transient and/or non-transient use, not platted or otherwise divided by fee simple ownership; but permitting the sale of interests or memberships on a condominium basis, and wherein facilities and amenities, including roads, clubhouse or recreation facilities shall be privately owned or owned in common by residents of the park.

2.04.55 Manufactured Home Subdivision. A division of a tract of land into three or more lots intended for the siting of manufactured homes for dwelling purposes.

2.04.56 Manufacturing, General. The basic processing and manufacturing of materials or products predominately from extracted or raw materials and the incidental storage, sales, and distribution of such products.

2.04.57 Manufacturing, Heavy. Industrial processing that transforms materials, particularly raw materials, into a new substance, compound, or product. Uses include, but are not limited to, meat or poultry processing, slaughterhouse, chemical and petroleum processing and manufacturing, foundries, the storage or manufacturing of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature.

2.04.58 Manufacturing, Light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products.

2.04.59 Medical Cannabis Dispensary. An entity licensed by the Alabama Medical Cannabis Commission (AMCC), authorized to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers pursuant to the Medical Cannabis Act and the AMCC Rules.

2.04.60 Medical Clinic. A building, in which a group of physicians, dentists, and associated professional assistants provide outpatient care with or without appointments, and which may include dental or medical laboratories and surgery suites but not in-patient care.

2.04.61 Mini-Warehouse. One or more buildings containing separate storage spaces that are leased on an individual basis for the exclusive purpose of storing non-hazardous goods.

2.04.62 Modular Building. A structure manufactured off-site in accordance with the Building Code, transported to and assembled on the building site on a permanent foundation. A "modular home" is a Modular Building designed, manufactured and used for dwelling purposes and, under this Ordinance, is regulated the same as a site-built dwelling, except as otherwise specified for Tiny Homes.

2.04.63 Motel. 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 dining facilities, fitness centers and other incidental services for guests.

2.04.64 Nonresidential Use. Uses including agricultural, institutional, commercial, lodging and industrial activities.

2.04.65 Nursing Care Facility. A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital but at a higher level than provided in a domiciliary care facility.

2.04.66 Open Air Market. Retail sales of arts, crafts, produce, discount or used goods partially or fully outside of an enclosed building, such as a flea market, produce market, craft market, or farmers' market.

2.04.67 Open Space. A yard area not used for a building, structure, driveway, parking, loading or storage.

2.04.68 Open Space, Common. 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 Ordinance to ensure that it remains in such use.

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

2.04.70 Parking, Off-site. Parking lots or structures providing parking for uses not located on the premises.

2.04.71 Personal Service. A retail establishment providing services involving the care of a person or their goods and apparel, including hair, nail and tanning salons, licensed massage therapists, cosmetic studios, seamstresses, tailors, travel agencies, interior decorators, formal wear rental, and repair of watches, phones, tablets, computers and other personal electronics and similar uses.

2.04.72 Pet Grooming. An establishment providing grooming services to household pets within a fully enclosed structure, which may include outside runs for keeping of animals for part of the day but not overnight. Pet Grooming may also include overnight boarding of household pets.

2.04.73 Place of Assembly. A facility used for and providing religious, fraternal, recreational, social, educational or cultural activities.

2.04.74 Public Facility. Buildings arranged for the purpose of providing public services, not otherwise listed in this section, including government offices, post offices, transit stations, police stations, fire and emergency service stations, civil defense operations, and similar uses.

2.04.75 Public Utility Facility, Major. Electric or gas generating plants, sewage treatment plants and water treatment facilities.

2.04.76 Public Utility Facility, Minor. A facility that provides utility services to the public at large, including water and sewer, gas distribution, electric transmission and distribution, and cable transmission and distribution facilities but excluding those defined as Major Public Utility Facility.

2.04.77 Recreation, Indoor. A commercial establishment providing recreational or sports activities to participants within an enclosed building, including fitness, swimming, yoga, martial arts, dance, billiards, skating, bowling and gaming, and other commercial indoor recreational and sports activities.

2.04.78 Recreation, Outdoor. A commercial establishment providing recreation or sports activities to participants in open or partially enclosed or screened facilities, including driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and other commercial outdoor recreational and sports activities.

2.04.79 Recreational Vehicle Park. A lot on which campsites are established for occupancy by travel trailers and other recreational vehicles of the general public as temporary living quarters for purposes of recreation or vacation.

2.04.80 Recycling Center. Land, with or without buildings, other than a Junkyard, where Recyclable Materials are collected and may be separated, packed, bailed, stored and compacted before being transported to a recycling plant or other location for processing and eventual reuse.

2.04.81 Recycling Plant. 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.

2.04.82 Repair Service. An establishment engaged in the repair and maintenance of electrical, electronic and mechanical equipment, and home and business appliances.

2.04.83 Research Laboratory. An establishment engaged in research of an industrial or scientific nature within an enclosed facility, such as an electronics research lab, research and development firm, or pharmaceutical research lab.

2.04.84 Resource Extraction. The removal of soil, sand, clay, gravel, minerals, or similar materials for commercial purposes, including quarries, borrow pits, sand and gravel operations, and mining.

2.04.85 Restaurant, Fast Food. An establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-through, or drive-in and may also include standard sit-down consumption.

2.04.86 Restaurant, Standard. An establishment where food and drink are prepared, served, and primarily consumed within the building where guests are seated and served.

2.04.87 Restaurant, Take-Out Only. An establishment where food and drink are prepared, but not served or consumed on the premises.

2.04.88 Retail, General. Retail sales of goods and services, not otherwise defined by this section, conducted within an enclosed building, including, but not limited to, food sales, department stores, clothing stores, home furnishings sales, appliance stores, auto supplies stores, gift shops, specialty stores, jewelry stores, cosmetics sales, package liquor stores, tobacco stores, drug stores and variety stores.

2.04.89 Retail, Unenclosed. Retail sales of goods and services, not otherwise defined by this section, conducted partially or fully outside of a building, including, but not limited to, sidewalk sales, outdoor tire sales, and outdoor display or sales.

2.04.90 Rooming House. See Boarding House.

2.04.91 School, Commercial. Private, gainful business providing instructional service in the arts, business, crafts, trades, and professions.

2.04.92 School, Nonprofit. School operated by a nonprofit organization.

2.04.93 School, Public. School or college or similar institution operated by a public school authority.

2.04.94 Small Cell Facilities. 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.

2.04.95 Stable. A commercial establishment engaged in the raising, keeping, boarding, or training of horses, ponies, and similar animals, including riding academies and incidental sales of riding accessories and animals raised or regularly kept on the premises.

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

2.04.97 Substance Abuse Treatment Facilities.

A.

Outpatient Substance Abuse Treatment Facility. A licensed facility meeting applicable state and federal standards that provides outpatient support services including counseling, rehabilitation and medical supervision for drug or alcohol treatment.

B.

Residential Substance Abuse Rehabilitation Facility. A licensed facility meeting applicable state and federal standards that provides inpatient support services including counseling, rehabilitation and medical supervision for drug or alcohol treatment.

2.04.98 Towing Service. An establishment that provides for the removal and transport of vehicles from streets or other public property or private property when such vehicles are disabled or in violation of parking or similar ordinances. Towing Services may include temporary storage of vehicles but do not include disposal, automobile wrecking, salvage, or indefinite storage of inoperable vehicles.

2.04.99 Vehicle Sales, Rental and Service.

A.

Heavy Vehicle and Equipment Sales, Rental and Service. The sale or rental of trucks over one ton, tractors and farm implements, manufactured homes, recreational vehicles, boats, and construction and similar equipment, including the storage, maintenance and servicing of the same.

B.

Vehicle and Equipment Sales, Rental and Service. The sale or rental of automobiles, light trucks, motorcycles, riding lawn mowers and similar household and gardening equipment, including the storage, maintenance and servicing of the same.

2.04.100 Warehousing and Distribution, Enclosed. A place of business engaged in warehousing or distribution services within a building.

2.04.101 Warehousing and Distribution, Unenclosed. A place of business engaged in open air warehousing or distribution services.

2.04.102 Wholesaling Establishment. 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 10% of inventory or sales.

2.05.01 AASHTO — American Association of State Highway and Transportation Officials

2.05.02 ac — acre

2.05.03 DU — dwelling unit

2.05.04 FEMA — Federal Emergency Management Agency

2.05.05 ft — feet

2.05.06 max. — maximum

2.05.07 MHP — Manufactured Home Park

2.05.08 min. — minimum

2.05.09 n/a — not applicable

2.05.10 sf — square feet