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Enterprise City Zoning Code

ARTICLE 4:

RESIDENTIAL DISTRICTS

Sec. 4.01.- General Regulations.

4.01.01 All uses must comply with the area and dimensional requirements in Table 4-1 and the use regulations in Table 4-2.

4.01.02 Any districts designated or defined heretofore by the previous comprehensive zoning ordinance(s) which were in effect prior to the enactment of this ordinance are considered conforming to the new designations for the respective, corresponding districts listed in this ordinance and shall not require rezoning in the event that they are destroyed or damaged.

4.01.03 Except as permitted for tiny houses in the MHP District, all dwelling units must have a minimum floor area of 400 sf.

4.01.04 Private swimming pools may be located in the rear yard only.

4.01.05 Corner Lots in Residential Districts. On any corner lot adjoining the rear of another residentially-zoned lot, all structures must be set back from the same street as required for the dwelling on the adjoining lot.

4.01.06 Accessory Structures. Only accessory structures with a permanent foundation are permitted in the established side yard.

4.01.07 Minimum Open Space

A.

In all residential districts, open space comprising at least one percent of the gross tract must be provided as common open space in the following cases:

(1)

Subdivisions containing 30 or more dwelling lots;

(2)

Townhouse developments containing 30 or more dwellings;

(3)

Manufactured and tiny home parks.

B.

All common open spaces must be well maintained in a safe and orderly condition, subject to Section 3.10 Common Open Spaces and Facilities.

C.

Required setbacks, parking areas and drives do not count toward common open space requirements. Spaces must be large enough to support leisure and recreational activity; no dimension may be less than 15 ft, except that paved paths at least six feet in width may be counted. Stormwater ponds may be counted up to 50% of the open space requirement.

D.

Common open spaces should be consolidated into one or a few central locations to assure accessibility and usability and must be oriented to receive adequate sunlight. Required open space must have frontage on a street, common drive or parking area or otherwise be accessible without requiring passage through dwelling lots.

E.

At least 50% of the required open space must be improved and maintained for recreational use. Improved open space must be graded and sodded, at a minimum, to accommodate use by residents, and must be adequately drained to prevent ponding.

4.01.08 Off-street parking areas for buildings containing three or more dwelling units and any common parking areas serving three or more dwellings must comply with the following specifications:

A.

May be used only by passenger vehicles and vehicles up to one ton and may not be used for the parking or storage of trailers or similar equipment;

B.

May not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies;

C.

Must be graded for proper drainage and provided with a paved surface maintained at all times to prevent the release of dust and to be free of dust, trash and debris;

D.

Lighting of parking may not unreasonably disturb occupants of adjacent residential property nor interfere with traffic;

E.

May have no more than one attendant shelter building, which must conform to all setback requirements and which may not exceed 50 sf of gross floor area;

F.

The parking area must be set back at least 20 ft from all front lot lines nor less than the front yard of any existing residential structure on any adjoining lot. The setback may not be used or occupied for any purpose except as permitted or required in this section.

Sec. 4.02. - R-1 Low Density Single-Family Residential District.

The purpose of this District is to provide and preserve land for use for low-density single family dwelling units and other compatible uses in areas that are geographically defined and protected from the encroachment of incompatible uses.

Sec. 4.03. - R-2 Medium Density Single-Family Residential District.

The purpose of this District is to provide and preserve land for use for medium-density single family dwelling units and other compatible uses in areas that are geographically defined and protected from the encroachment of incompatible uses.

Sec. 4.04. - R-3 High Density Single-Family Residential District.

The purpose of this District is to provide and preserve land for use for high-density single family dwelling units and other compatible uses in areas that are geographically defined and protected from the encroachment of incompatible uses.

Sec. 4.05. - R-4 Mixed Residential District.

The purpose of this District is to provide and preserve land for both single family and duplex and multiplex dwelling units and other compatible uses in areas that are accessible to central community facilities, or where a transition from different density residential or nonresidential development is desirable.

4.05.01 Triplexes and quadplexes may not be established on any interior lot located between two existing single-family dwellings.

Sec. 4.06. - R-5 Multifamily Residential District.

The purpose of this District is to provide and preserve land that is and can be used for the construction of multifamily dwellings and other compatible uses in areas having access to services and facilities appropriate for higher density residential development.

Sec. 4.07. - R-T Townhouse District.

The purpose of this District is to provide and preserve land that is and can be used for the construction of townhouse dwellings in areas having access to services and facilities appropriate for higher density residential development.

4.07.01 Townhouse developments are subject to Section 7.17 Townhouses and must be approved by the Commission, if developed as a subdivision, prior to the issuance of a building permit.

4.07.02 It is the intended that townhouse developments:

A.

Should be located near major thoroughfares and collector streets where a high level of vehicular access can be provided.

B.

May be located primarily in areas near or adjacent to single-family residential areas.

C.

May be used as a transitional use between single-family dwellings and other high density or nonresidential uses.

D.

Must constitute groupings making efficient, economical, comfortable and convenient use of land and open space and providing alternative means to conventional arrangements of yards and building areas.

E.

Must be high quality living units offering usable open space and other residential amenities and preserving natural landform and foliage.

Sec. 4.08. - MHP Manufactured Home Park District.

The purpose of this District is to provide and preserve land that is and can be used for the development of manufactured and tiny home communities.

4.08.01 General Standards. Manufactured home and tiny home parks are subject to the following minimum standards:

A.

The site must be well-drained and graded to ensure adequate treatment of surface water runoff.

B.

Manufactured and tiny home parks may not be platted or otherwise divided for fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including streets, must be privately owned, or owned in common by the residents of the park, and may not occupy parcels of land deeded separately from the common facilities within the park.

C.

Uses. The following accessory uses are allowed:

(1)

Clubhouse, laundry, swimming pool, and other similar facilities for the common use of the residents of the park.

(2)

No more than one dwelling unit of conventional construction, containing at least 600 sf of floor space and intended for the use of a resident manager.

D.

The front, rear and side yards for each home stand must be at least ten feet in depth. No manufactured or tiny home and its accessory building may cover more than 40% of the total area of the home stand.

E.

Each home stand must have at least two parking spaces maintained with an all-weather wearing surface such as asphalt and concrete. All off-street parking spaces must have access to an interior roadway within the park. No direct access is allowed between home stands and any exterior street.

F.

Home stands must front on interior streets having a paved surface at least 22 ft wide. Interior streets must be an all-weather surface of concrete or asphalt and built to the standards of the City. Cul-de-sacs must have a paved surface with a minimum radius of 40 ft.

G.

Street lighting must be provided throughout the park with lighting units spaced and equipped with luminaries of a height to provide an average luminance of four lumens per square meter reaching the ground surface, and the luminance ratio must be set at a maximum of six to one. Lights must be directed downward or otherwise shielded.

H.

Storage areas for boats, recreational vehicles, and other types of vehicle that exceed 30 ft in length must be screened from view off the premises. Storage of such vehicles is not allowed on home stands or on the internal streets in the park.

I.

Home stands must be clearly staked or otherwise identified and have a permanent marker giving a number and/or letter of a minimum height of three inches so that they may easily be read from the interior roadway. All individual utility meters must be numbered for easy identification by service personnel.

J.

Utilities.

(1)

A sanitary sewer collection system must be extended to every home stand. The connection from individual homes must be made under and/or within five feet of the home and equipped with a seal.

(2)

Every home stand must be provided with an individual branch service line for potable water with a minimum diameter of 3/4 inches. A cut-off and back flow prevention device approved by a nationally recognized testing agency must be installed on each branch. All connections to the water distribution system must be under, and/or within five feet of the home. Each home stand must have a water meter; and the service line from the meter to the home must be buried a minimum depth of 12 inches in the ground.

(3)

Every home stand must be provided with individual electrical service. Each such service must be mounted on a treated wooden pole or a metal pedestal and equipped with a circuit breaker, or a switch and fuses, housed in a panel approved for exterior use. The power supply wiring from the service to the home must be of a direct burial type, properly sized, and buried in the earth from the service to a connection point underneath the individual home. The supply cable must be encased in metal or plastic pipe and buried to the depth required by City regulations. Primary service lines may not be located across the top of any home.

(4)

Where gas service is provided, installation must conform to the requirements of the Alabama Public Service Commission, the gas district, and the International Codes Congress Standard Gas Code.

4.08.02 Manufactured Home Park Standards. The following standards apply to portions of manufactured home parks containing manufactured home stands:

A.

The minimum site area for manufactured home parks, regardless of whether they include tiny home stands, is ten acres.

B.

Each manufactured home stand must be at least 5,000 sf in area and have a width of at least 50 ft.

C.

Any portions of parks containing manufactured homes may not exceed seven homes per gross acre.

D.

All homes must have skirting installed between the base of the structure and the ground. Skirting must be made of concrete block, wood, vinyl, or other approved materials. Any opening in the skirting may not be larger than two inches square.

E.

All homes must be blocked and tied down in conformance with §11-49-219, Code of Alabama, 1975, as amended.

4.08.03 Tiny Home Park Standards. The following standards apply to tiny home parks and any portions of manufactured home parks containing tiny home stands:

A.

The minimum site area for tiny home parks that are not part of a manufactured home park and that do not contain any manufactured home stands is six acres.

B.

Tiny home stands must be provided in a separate section of a park that contains manufactured home stands.

C.

Each tiny home stand must be at least 1,500 sf in area and have a width of at least 30 ft.

D.

Any portions of parks containing tiny homes may not exceed ten homes per gross acre.

4.08.04 Storm Shelter.

A.

Every manufactured and tiny home park of ten or more home stands must be provided with storm shelters, which shall:

(1)

Have a minimum floor area of seven square feet for each home stand.

(2)

Be designed by a licensed structural engineer or architect and built in accordance with plans approved by the Zoning Official.

(3)

Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain.

(4)

Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the City's currently adopted editions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and National Electrical Code, where applicable.

(5)

Be designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA).

(6)

Be located no farther than 1,320 ft from the furthest home stand in the park.

B.

The park owner or their designated agent is responsible for making the storm shelter accessible and usable in times of need. It is unlawful for any required storm shelter to be used for storage purposes if such storage reduces the minimum floor area available for shelter of persons below the requirements of this subsection.

C.

For any addition of ten or more home stands to any existing park, a storm shelter that complies with the requirements of this section must be provided to serve such additional spaces. For any addition of fewer than ten home stands to an existing park there is no requirement that an additional shelter be provided to serve such additional spaces. However, when two or more such additions of fewer than ten home stands result in a cumulative addition of ten or more home stands to a park, a storm shelter which complies with the general requirements of this subsection must be provided to serve such additional spaces.

D.

Any park of ten or more home stands which has an existing storm shelter, as of the effective date of the ordinance, which does not conform to the requirements of this section is considered nonconforming and may continue to exist as long as said existing shelter remains in place and usable; provided, however, any home stands added to such community after such effective date require storm shelters as provided herein.

4.08.05 Nonconforming Parks. Any manufactured or tiny home park that does not conform with these requirements must be brought into conformance within ten years from the date on which this amendment is adopted. At a minimum, the following requirements must be met to the fullest extent practicable as determined by the Zoning Official: interior street widths and paving; parking; lighting; home stand sizes; skirting, blocking and tie-downs, water, sanitary sewer and electrical service.

Table 4-1 Area and Dimensional Requirements, Residential Districts

R-1 R-2 R-3 R-4 R-5 R-T 3 MHP 4
Minimum Lot Area (sf)
One Dwelling
Per Additional Dwelling on the same lot

14,000
n/a

10,000
n/a

6,000 1
n/a

4,000 1,2
2,000

4,000 1,2
2,000 2

2,000
n/a

n/a
n/a
Minimum Lot Width (ft) 100 75 50 40 40 20 100
Minimum Setbacks (ft)
Front or Primary Front Yard
Secondary Front Yard
Side Yard
Rear yard

35
n/a
10
40

30
n/a
10
30

25
20
7
30

20
15
7 5
25
20
15
7 5
25

25
20
0/10
25

25
n/a
10
25
Maximum building area, percent of gross lot area 25 40 50 40 60 n/a n/a
Maximum building height
in feet
in stories

35

35

35

35

45
3

35

n/a
1

 

1. The minimum lot area for each lot in a Cottage Development is 2,500 sf. Refer also to Section 7.06 Cottage Developments.

2. For multifamily buildings containing more than four dwelling units and for any multifamily development including more than one building on the same lot, refer to Section 7.13 Multifamily Development.

3. Refer to Section 7.17 Townhouses for additional standards.

4. Minimum lot width and setbacks apply to the overall tract. Refer to Section 4.08 for requirements applicable to each home stand.

5. Between detached single-family dwellings in a proposed subdivision, the minimum side yard setback may be waived provided that the dwellings are set apart as necessary to meet Building Code requirements. However, the minimum side yard must be provided wherever proposed dwellings will adjoin an existing development.

Table 4-2: Uses Permitted in Residential Districts

P — Permitted by right.
A — Requires administrative approval.
SE — Requires Board of Adjustment approval per Section 12.06.
R — Subject to Planning Commission review in accordance with Code of Ala. 1975, §11-52-11 as amended.
A blank in the Table indicates the use is not permitted.
Uses R-1 R-2 R-3 R-4 R-5 R-T MHP
Accessory Dwellings, subject to Section 7.01 P P P
Conservation Subdivision, subject to Section 7.05 P P P
Cottage Development, subject to Section 7.06 P P P
Dwelling, Multifamily, subject to Section 7.13 P
Dwelling, Triplex or Quadplex P P
Dwelling, Duplex P P
Dwelling, Single Family P P P P P
Dwelling, Townhouse, subject to Section 7.17 P
Manufactured Home, on its own lot P
Manufactured Home and Tiny Home Park P
Modular Home P P P P P P
Residential Care and Day Care Facilities
Assisted Living Facility SE SE
Day Care Center SE SE
Emergency or Transitional Care Home, subject to Section 7.07 SE
Family Care Home P
Family Day Care Home SE SE SE SE SE SE
Group Day Care Home SE SE SE SE SE
Independent Living Facility SE P
Other Uses
Amateur Radio Towers P P P P
Bed and Breakfast, subject to Section 7.03 SE SE SE SE
Cemetery, subject to Section 7.04 P P
Country Club SE SE SE SE SE
Golf Course SE SE SE SE SE
Home Occupation, Minor, subject to Section 7.08 A A A A A A
Home Occupation, Major, subject to Section 7.08 SE SE SE SE SE
Institutional Use, Low Intensity SE SE SE SE SE SE SE
Institutional Use, Medium Intensity SE SE SE SE SE
Keeping of Chickens, subject to Section 7.10 P P SE SE
Keeping of Honeybees, subject to Section 7.11 SE SE SE SE
Parks, Playgrounds and Nature Preserves P P P P P P P
Parking, Off-site SE SE SE SE
Public Facility R R R R R R R
Public Utility Facility R R R R R R R
Rooming/Boarding House SE
Short-Term Rentals, subject to City Ord. 12-06-22-C P P P P P P P
Telecommunication Towers, subject to Section 7.16 SE SE SE SE