2.0.1

Words used in the present tense include the future tense.

2.0.2

Words used in the singular number include the plural, and words used in the plural number include the singular.

2.0.3

The word "map" or "zoning map" shall mean the "The Town of Falkville Zoning Ordinance Map."

2.0.4

The word "shall" is mandatory; the word "may" is permissive.

2.0.5

The word "town" shall mean the Town of Falkville, Alabama.

2.1.1

Accessory structure. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

2.1.2

Alley. Shall mean a permanent service way providing a secondary access to abutting properties.

2.1.3

Alteration; altered. The word "alteration" shall include any of the following:

a.

Any addition to the height or depth of a building or structure;

b.

Any change in the location of any of the exterior walls of a building or structure; or

c.

Any increase in the interior accommodations of a building or structure.

In addition to the foregoing, a building or structure shall be classified as altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of $500.00 or where alterations cost less than $500.00, but change the character of the structure.

2.1.4

Boarding house. A building other than a hotel, cafe or restaurant where, for compensation, meals are provided for three or more persons.

2.1.5

Building inspector. Shall mean the building inspector of the town, his or her designee, or the mayor or any other town official designated by the mayor or council with the authority to administer the provisions of this ordinance.

2.1.6

District or zone. Shall mean any section(s) or area(s) of the Town of Falkville as to which the regulations and restrictions of this ordinance as to the use of premises, or regarding buildings or structures thereon, are shared in common as distinguished from those of other section(s) or area(s). It shall also include the area included within the overlay area of the B-3 District as provided in section 6.2.

2.1.7

Dwelling, single-family. Shall mean a detached house or building designed and intended for, or occupied exclusively by, one family (see 2.2.2) and having no party wall or walls in common with the adjacent house or houses, building or buildings.

2.1.8

Dwelling, two-family. Shall mean a building designed and intended for, or occupied exclusively by, two families (see 2.1.13) living independently of each other, or a secondary living unit on a lot with a conforming one-family residence.

2.1.9

Dwelling, multiple-family. Shall mean a building intended as a residence for three or more families (see 2.1.13) living independently of each other, including apartment houses, condominiums, townhouses, apartment hotels, apartment cooperatives and group homes.

2.1.10

Dwelling unit. Any portion of a building providing complete living facilities for one family (see 2.1.13).

2.1.11

Drive-in restaurant. A restaurant or public eating business so conducted that food, meals, or refreshments are consumed in motor vehicles on the premises of such establishments.

2.1.12

Drive-in theater. A theater so arranged and conducted that the customer or patron may view the performance while being seated in a motor vehicle.

2.1.13

Family orfamily unit. An individual; or two or more persons all related by blood, marriage or legal adoption, maintaining a common household in a single dwelling unit; or a group of not more than four adult persons who are not all related by blood, marriage or legal adoption, living together as a common household in a single dwelling unit. (Note: The natural or adopted children of any one of the persons living in this third category of "family" shall not count as one of the four persons in limiting the number of residents to qualify the group as a "family.")

2.1.14

Home occupation. Any use customarily conducted entirely within a dwelling and carried on solely by the inhabitant thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in which not more than 25 percent of the dwelling is used for said home occupation, and in which any signs advertising said home occupation are limited to one uplighted sign, not over two square feet in area, and also in which there is no public display of goods. Examples of home occupations are: office of doctor, lawyer, or notary, dressmaking, the taking of tourists and boarders, home day cares and leasing of rooms.

2.1.15

Hotel. A building designed for occupancy as the temporary place of abode for individuals who are lodged with or without meals, in which there are ten or more guest rooms, and in which no provision is made for cooking in any individual room or suite.

2.1.16

Junk yard. Junk yards shall include any lot or parcel of land on which is kept, stored, bought or sold, articles commonly known as junk, including scrap paper, scrap metal, and used automobile bodies and parts.

2.1.17

Lot. A piece, parcel or plat of land occupied or capable of being occupied by one main building, accessory buildings, uses customarily incidental to such main building and such open spaces as are provided in this ordinance.

2.1.18

Manufactured home space. A well-defined area of sufficient size to accommodate one manufactured home within a manufactured home park development.

2.1.19

Manufactured home stand. A permanent foundation of sufficient area to accommodate a manufactured home and its appurtenances, such as canopies, patios and porches.

2.1.20

Minimum livable floor area. The minimum floor space required for dwelling units: The minimum livable floor area shall be expressed in square footage, by measuring dimensions between exterior walls. Carports, garages, patios, and similar unenclosed spaces shall not be considered livable floor area.

2.1.21

Mobile homes and related terms.

a.

Mobile home and house trailer. Except as inconsistent with the definition of the term "manufactured home" as set out in section 2.1.21(b) hereof, in which case the definition set out in section 2.1.21(b) shall apply, the terms "mobile home" and "house trailer" shall be construed to mean and include any structure intended for, or capable of human habitation, mounted upon wheels, capable of being driven, moved, propelled, drawn or towed from place to place without substantial change in structure or design, whether in one or in two or more connectable or disconnectable sections, regardless of by whatever name the same is colloquially or commercially known. Removal of wheels or placing such a structure on the ground, piers, mobile home stand or other foundation, temporary or permanent, or underpinning such a structure shall not remove the same from this definition.

b.

The term "manufactured home" shall be construed to mean and include any structure defined by and constructed in accordance with National Manufactured Housing Construction and Safety Standards Act of 1974 as amended (42 U.S.C. 5401 et seq., as amended). The definition as of the adoption of this ordinance is as follows, but shall be deemed amended at any times as said section 42 U.S.C. 5401 shall be amended:

"Manufactured Home" means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this title. (Note: See also section 5.10)

c.

The term "modular home" shall be construed to mean and include any factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Alabama Manufactured Housing Commission.

2.1.22

Mobile home park or court. Any site, lot, field, or tract of land privately or publicly owned or operated, upon which two or more mobile homes used for living, eating or sleeping quarters are, or are intended to be, located, such establishments being open and designated available, whether operated for or without compensation.

2.1.23

Motel, motor court. A building or group of buildings containing one or more guest rooms having separate exterior or interior hallway entrances for each such room or suite of rooms and for each of which rooms or suites of rooms automobile parking space is provided.

2.1.24

Nonconforming use. A use of any structure of land which though originally lawful, does not conform with the provisions of this ordinance or any subsequent amendments thereto for the district in which it is located.

2.1.25

Offices. Space or rooms used for professional, administrative, clerical and similar uses.

2.1.26

Public land uses. Any land use operated by or through a unit or level of government, either through lease or ownership, such as municipal administration and operation, county buildings and activities, state highway offices, and similar land uses, and federal uses, such as post offices, and military installations, etc.

2.1.27

Roadway. As used in context referring to a manufactured home rental district, means a vehicular circulation route within a manufactured home rental district. Otherwise, it shall have its obvious, common meaning.

2.1.28

Rooming house. Any building or portion thereof which contains not less than three or 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.

2.1.29

Semi-public land uses. Philanthropic and charitable land uses including Y.M.C.A., Y.W.C.A., Salvation Army, churches and church related institutions, orphanages, humane societies, private welfare organizations, non-profit lodges and fraternal orders, hospitals, Red Cross, and other general charitable institutions.

2.1.30

Site. As used in context referring to a mobile home park development, means a parcel of raw land comprising the total land area proposed for development as a manufactured home park development.

2.1.31

Street. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

2.1.32

Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to, the following: site built buildings, industrialized buildings, modular homes, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes, communications towers, storm shelters and fall-out shelters.

2.1.33

Use. The purpose for which land or a building or other structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.

2.1.34

Yard. An open space on the lot with the main building, left open, unoccupied and unobstructed by buildings from the ground to the sky, except as otherwise provided in this ordinance.

a.

Front yard. The yard extending across the entire width of the lot between the main building, including covered porches, and the front lot line or, if an official future street right-of-way line has been established, between the main building, including covered porches and the rear lot line.

b.

Rear yard. The yard extending across entire width of the lot between the main building and rear lot line, including covered porches and the rear lot line.

c.

Side yard. The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line.

2.1.35

For definitions specific to swimming pools, see section 5.4; for definitions specific to mobile homes and house trailers, see section 5.10; for definitions specific to the B-3 (Intrastate Corridor) District, see section 6.2(b); for definitions specific to telecommunication towers, see section 13.2.