a.

Any use or structure existing at the time of enactment or of subsequent applicable amendment to this ordinance, but not in conformity with its provisions, may be continued with the following limitations. Except as provided in any other provision of this ordinance to the contrary, any use or structure which does not conform to the provisions of this ordinance shall not be:

i.

Changed to another nonconforming use;

ii.

Re-established after discontinuance for six months;

iii.

Extended except in conformity to this ordinance; or

iv.

Rebuilt, altered, or repaired after fire or damage equal to its full value immediately prior to damage.

b.

For special provisions relating to the B-3 District, see section 6.2(p).

c.

For special provisions relating to the billboards and advertising signs, see section 5.12(b).

In each zoning district other than B-3, which is governed by section 6.2(h), each structure hereafter erected or altered shall be provided with off-street automobile parking as follows:

5.1.1.

Residential. In all cases of new structures, converted structures, or structures increased in capacity, facilities for the parking or storage of passenger vehicles for the use of the occupants of the dwelling units erected, altered or increased in capacity, there shall be provided and maintained on the premises as follows:

a.

Single-family residence: In R-1 and R-2 Districts two parking spaces for each dwelling unit.

b.

Two-family residence: Two parking spaces for each dwelling unit.

c.

Apartments: 1½ parking spaces for each dwelling unit.

5.1.2.

Non-residential. In all cases of new structures or converted structures which are increased in capacity, facilities for the storage of vehicles for the use of the occupants, employees, and patrons of buildings hereafter erected, altered or increased in capacity, shall be provided and maintained on the premises in accordance with the requirements of each type of use as follows, unless other[wise] provided in this ordinance:

a.

Schools: One parking space for each four seats in the main assembly room plus one (1) space for each classroom.

b.

Church, community building, auditorium and place of public assembly: One parking space for each five seats in the main assembly area, or in the case of general purpose rooms without fixed seats, there shall be one parking space for each 35 square feet of floor area.

c.

Hotel: One parking space for each room or unit offered for rent.

d.

Motel, tourist court, tourist house, boarding house, rooming house: One parking space for each room or unit offered for rent.

e.

Clinic or professional office: One parking space for each professional, plus one parking space for each 25 square feet of floor area in the reception room, plus one parking space for each two examining or conference rooms.

f.

Restaurant or other eating place: One parking space for each four seats, or one parking space for each 50 square feet of floor space in such area, whichever is greater.

g.

Drive-in restaurant and refreshment stand: Six parking spaces per 100 square feet of area occupied by the facility.

h.

Office and office building: One parking space for each 400 square feet of floor area. (See "e" above for professional offices.)

i.

Bowling alley: Five parking spaces for each lane.

j.

Industrial uses: One parking space for each 1½ employees.

k.

Mobile home court: Two parking spaces for each mobile home, except as otherwise provided herein.

l.

Planned shopping center: Area devoted to parking and access shall not be less than three times the floor area proposed; and within this parking area there shall be a minimum of six parking spaces per 1,000 square feet of floor area.

m.

Hospital, sanitorium or nursing home: One parking space for each two beds, plus one parking space for each five employees or fraction thereof.

n.

Private club or lodge: One parking space for each 200 square feet of floor space.

o.

Food store and market: One parking space for each 200 square feet of floor space.

p.

Wholesale use and storage building, warehouse, lumber or fuel business, truck terminals and similar uses: One parking space for each 1½ employees.

q.

Any use not otherwise specified: One parking space for each 200 square feet of floor space.

r.

Whenever two or more uses shall be made of the same property, the parking requirements for the use with the greatest required shall apply.

s.

Whenever a structure or use may qualify under two or more classifications, the one with the largest requirement shall govern.

t.

For regulations specific to the B-3 District, See section 6.2.

5.1.3.

Measurement of area. For the purpose of this section, "floor area" shall mean the gross floor area of all floors of a building or an addition to an existing building. The total parking area includes access drives within the actual parking area.

5.1.4

Existing parking. Any building which meets with the parking requirements of this ordinance on the effective date hereof or at any subsequent time, shall continue to comply fully with all requirements thereof. Any existing building which partially meets the requirements of this ordinance on the effective date thereof or at any subsequent time shall thereafter continue to comply as nearly with these requirements as the highest degree of compliance reached.

5.1.5

General. No off-street parking required for a building or structure shall, during its life, be occupied by or counted as off-street parking for another building or structure but may be counted as yard space.

5.1.6

Parking space. An off-street space, enclosed or unenclosed, containing not less than 180 square feet of area exclusive of driveways appurtenant thereto, permanently reserved for the temporary parking or storage of one motor vehicle and connected without obstruction to a street or alley shall be counted as off-street parking area or space. (See also section 6.2)

5.1.7

Design. No parking space shall be so designated as to require the vehicle parked therein to back on to a public street, with the exception of single and two-family residences. (See also section 6.2)

All parking areas shall be surfaced for all-weather use equivalent to at least four inches of limestone. (See also section 6.2)

5.1.8

Exemption.

a.

The territory embraced within the boundaries set out in subsection b to follow shall be exempted from the off-street parking requirements of sections 5.1.2 through 5.1.6, inclusive, of this Appendix A.

b.

The boundaries of the territory to which the exemption set out in [sub]section 5.1.8 a of this Appendix A shall be as follows:

i.

The area which includes all lots which front on either side of U.S. Highway 31 from its intersections with West 3rd Street and East Pike and South to its intersections with West 3rd Street and East Main Street; and

ii.

The area which includes all lots which front on East Main Street from its intersection with U.S. Highway 31, East to its intersection with Railroad Avenue; and

iii.

The area which includes all lots which front on Railroad Avenue from its intersection with East Main Street, North to its intersection with East Pike; and

iv.

The area which includes all lots which front on the South side of East Pike from its intersection on Railroad Avenue and West to its intersection with Highway 31.

(Ord. No. 2024-02, § 1, 8-5-2024)

In each business and industrial district, each structure hereafter erected or altered shall be provided with off-street loading and unloading facilities as specified in the district requirements, article VI.

In any district requiring a front yard setback, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of four feet and 15 feet above street level shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroads or of a street and a railroad right-of-way line.

Accessory structures within 25 feet of the rear lot line of a corner lot shall be set back to the minimum front yard depth required on the side street.

a.

Definitions: As used in this chapter, the following words and phrases shall have the meanings ascribed to them as follows:

Artificial pool shall mean a pool composed entirely of artificial construction, located above or below ground.

Partly artificial pool shall mean a pool formed from a natural body of water which has either so limited a flow or such an inadequate natural circulation that the quality of water must be maintained by artificial means.

Person shall mean any individual, partnership, corporation, entity, association, or public or private organization of any character.

Private swimming pool shall mean any pool designed, used and maintained for swimming purposes by an individual for use by members of his household and guests and located on a lot as an accessory use to a residence. Unless otherwise qualified the term "private swimming pool" shall be construed as including both artificial and partly artificial pools.

Wading pool shall mean any artificially constructed pool, not designed or used for swimming purposes, with a maximum area of 120 square feet and a maximum water depth of 24 inches.

b.

Fences or walls: Required; specifications; gates and doors.

(i)

No person owning, controlling, in possession of or responsible for land within the town, upon which is situated a swimming pool or wading pool or other outside body of water designed or used for swimming, dipping or immersion purposes by men, women or children, of a water depth exceeding 24 inches, shall fail to maintain on the lot or premises upon which such pool or body of water is located a fence or wall.

(ii)

Such fence or wall shall not be less than four feet in height with a maximum height not to exceed seven feet. Such fence or wall shall not have openings, holes or gaps larger than four inches in any dimension, except for doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal gap dimension shall not exceed four inches; provided, further, that a dwelling house or accessory building may be used as a part of such enclosure.

(iii)

All gates or doors opening through an enclosure required by this section shall be equipped with self-closing and self-latching devices designed to keep, and capable of keeping, such doors or gates securely closed at all times when not in actual use. Such gates or doors shall have a latching device placed four feet above ground level, or otherwise made inaccessible from the outside to small children; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure need not be so equipped. All such gates or doors shall be kept closed or latched when the pool or body of water is not in use.

c.

Compliance with fencing provisions prerequisite to final inspection, approval. Final inspection and approval of all swimming pools and wading pools constructed subsequent to November 1, 2013 shall be withheld until all the requirements of section 5.4 (b) have been complied with.

d.

Variances. Variances from the terms of this chapter shall be granted by the zoning board of adjustments only based upon the same standards as are required for other variances under the zoning ordinance.

On any lot which, at the time of adoption of this ordinance or at the time this ordinance is changed by amendment hereafter, may be reduced in area by widening a public street to a future street line, as indicated by the duly adopted "comprehensive plan" or as same may be hereafter amended, the minimum required yards, the minimum required lot area, the minimum required lot width and the maximum building area shall be measured by considering the future street lines as the lot line of such lot.

The board of adjustment may require the conduct of any use, conforming or nonconforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, radio interference, or explosion hazard or any nuisance to surrounding property to be modified or changed to abate such hazard or nuisance to health, comfort, and convenience. The board of adjustment may direct the municipal building inspector to issue an abatement order, but such order may be directed only after a public hearing by the said board, notice of which shall be sent by registered mail to the owners and/or operators of the property on which the use is conducted, in addition to due notice of advertisement in a newspaper of general circulation. A hearing to consider issuance of an abatement order shall be held by the board of adjustment either upon petition signed by any person affected by the hazard or nuisance or upon the initiative of the board. An abatement order shall be directed by the board of adjustment only upon reasonable evidence of hazard or nuisance and such order shall specify the date by which the hazard or nuisance shall be abated. Appeals from such orders shall be in accordance with the provisions of section 9.1.

In the case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least four acres not subdivided into the customary streets and lots and not to be so subdivided or where existing or contemplated street and lot layout make it impracticable to apply the requirements of this ordinance to the individual buildings in such housing projects, the application of such requirements to such housing projects shall be done by the board of adjustment, with the advice of the planning commission in a manner that will be in harmony with the character of the neighborhood; that will ensure substantially the same character of occupancy, density or land use no higher, and a standard of open space at least as high as required by this ordinance in the district in which the proposed project is to be located; and will provide layout design and public utilities in harmony with the general requirements and minimum standards of design of the subdivision regulations of the town.

In no case shall the board of adjustment authorize a use or a building height or building area prohibited in the district in which the housing project is to [be] located.

1.

Construction permit required. Construction of; addition to, or extension of a manufactured home subdivision may not commence until a construction permit has been obtained. A construction permit may not be issued until the final plat of the subdivision has been approved by the Falkville Planning Commission in accordance with this title.

a.

Application for construction permit - Information required. The following shall be reflected on the application for a construction permit:

(1)

Name and address of the applicant;

(2)

Legal description of the site;

(3)

Final plat of the proposed subdivision, prepared in accordance with this ordinance;

(4)

Proof of ownership or legal land option.

(5)

See also section 5.8(5).

2.

General requirements.

a.

Each manufactured home shall be installed on its own lot;

b.

No manufactured home or lot within an MH-S district shall have vehicle access to an existing collector or arterial street;

c.

All principal structures within an MH-S district shall be single-family only;

d.

All towing devices, wheels, axles, hitches and license plates shall be removed;

e.

All manufactured homes shall have permanent steps, porches or decks on all outside doorways, the supports for which shall be permanently anchored in the ground to meet all applicable building codes;

f.

All manufactured homes shall have at least a nominal 3:12 roof pitch and the roof shall have a surface of wood shakes, asphalt composition shingles, fiberglass or metal tiles;

g.

Manufactured homes shall be installed as provided in the rules of the Alabama Manufactured Housing Commission administrative procedures code;

h.

The subdivision shall be sited on not less than three acres;

i.

The development shall be located on a well drained site, graded to ensure proper drainage and freedom from stagnant pools of water;

j.

Permanent residential structures, other than manufactured homes, shall not be permitted;

k.

Each development shall have at its perimeter a minimum yard of 25 feet allowing no structures to be placed or erected within this requirement;

l.

No building or structure erected or placed shall have a height greater than three stories or 35 feet;

m.

Accessory structures shall not exceed one story in height and shall be no larger than 33 percent of the total square footage floor area of the dwelling which occupies that space. Accessory structures must be located in the rear yard behind the main dwelling and shall have a rear setback of five feet;

n.

All residential structures shall be placed parallel to the existing public street.

3.

Specific requirements:

Minimum lot size: 9,000 square feet.

Maximum building area: 50 percent of the lot area.

Minimum lot width: 75 feet.

Minimum front setback: 20 feet.

Minimum rear setback: 20 feet; unless at perimeter, then 25 feet.

Minimum side setback: Ten feet.

Maximum density: Seven lots per acre.

Off-street parking: Two paved spaces per lot.

4.

Uses prohibited. Any use not permitted or permitted on appeal is prohibited. (See section 6.1, "District MH-S" provisions.)

5.

Review procedure.

The development shall meet all requirements of the Falkville subdivision regulations.

The following notes must appear of the face of the preliminary and final development plans:

"Road grades shall not exceed ten percent."

"This property is not (is) in an area designated as a special flood area, as shown on Community Map/Panel Number ___________, Effective Date ___________."

a.

All mobile homes and house trailers, except as hereinafter provided, shall be located only where permitted or permitted on appeal by this ordinance.

b.

House trailers and other trailers may be parked and used on a bona fide construction site provided a permit is secured from the building official at the same time a permit for the construction of the permanent structure is issued. Temporary trailers shall be permitted for and during the construction period or until construction ceases, whichever occurs first. Temporary trailers shall be removed from site prior to the issuance of the certificate of occupancy for the permanent structure. No temporary trailer shall be used for residential purposes. No temporary trailer shall be placed nearer to any public street than 20 feet.

c.

Camping or recreation trailers or motor homes may be stored in any district but shall not be parked upon any public street for a period of more than 24 hours. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on any lot or in any location not approved for such use.

d.

House trailers or mobile homes may be permitted as uses permitted on appeal by the board of adjustment within the AG-1 District, subject to the provisions of article IX of this ordinance and the following site and structural requirements and design standards:

1.

As a minimum, the minimum lot size, yard size and off-street parking requirements or regulations of the AG-1 District, shall be complied with in accordance with other provisions of this ordinance as they apply to the district in which a mobile home or house trailer is permitted under the provisions of this section.

2.

Such house trailer or mobile home shall be of a type, design, and size as shall be suitable for human habitation.

3.

No external structural changes or additions to a house trailer or mobile home will be allowed after said house trailer or mobile home is moved to any lot within the AG-1 District. An open-type carport, unattached from the house trailer or mobile home, will be allowed in conjunction with the placement of a house trailer or mobile home in an AG-1 District. The construction or erection of "lean-to" structures will not be allowed.

4.

All house trailers and mobile homes to be located in such AG-1 District shall be placed parallel to the street with the front door facing the street. In the event the lot upon which the house trailer or mobile home is to be erected is located on a corner, then the front door of such house trailer or mobile home shall face as may be directed by the building inspector of the Town of Falkville, Alabama.

As used throughout the zoning ordinance the terms "mobile home" and "house trailer" shall be deemed to include manufactured homes as defined herein so that all provisions applicable to mobile homes and house trailers shall apply to manufactured homes unless inconsistent with the plain and obvious intent of the provision in which either term is used.

No mobile home, house trailer, manufactured home or modular home shall be located anywhere within the corporate limits of the Town of Falkville, Alabama, except as specifically permitted in the MH-S District, as permitted under section 5.9(b), or as permitted on appeal in the AG-1 District.

a.

No outdoor advertising signs or structures shall be allowed in any residential district. In all other districts outdoor advertising structures may be placed within the applicable front yard or setback restrictions of a place of business, subject to the following terms and conditions:

1.

Such structures must be used exclusively for the purpose of identifying or advertising the place(s) of business or activity(ies) at that location.

2.

No such structure shall be placed at intersections or locations which would obstruct the view of intersecting traffic.

3.

No such structure shall be placed within ten feet of the front lot line or street right-of-way.

4.

Nothing herein shall alter the effect of section 5.3 of this ordinance upon structures in districts requiring front yard setbacks.

5.

Billboards, as defined hereafter, shall be prohibited in all districts.

6.

"Billboard," as used herein, shall mean a sign, including the supporting sign structure, which is visible from a street, highway or other public way and which advertises goods or services or contains a message related or unrelated to a business, profession or activity conducted, or to a commodity or service sold or offered, upon the premises where such sign is located. However, a sign of no more than 50 square feet, exclusive of necessary structural support, shall not be considered a billboard if located on the premises to which the message or advertising on said sign exclusively relates.

b.

Billboards and other advertising signs and structures that lawfully existed prior to the adoption of this ordinance and which are prohibited under the terms of this ordinance may remain in use as non-conforming uses until they are altered, discontinued, damaged beyond 50 percent of their replacement value, become dilapidated and in disrepair or are removed. Such a billboard shall be considered discontinued if not used for its intended purposes for a period of 60 successive days.

c.

See also section 13.3(6).

a.

"Shipping containers" shall mean any transportation trailer, shipping crate, cargo bin or other container produced for the transportation, relocation or shipping of any item(s), including containers without wheels intended to be loaded and hauled to another location for storage and containers which have been altered or pinned in any way to be rendered immobile.

b.

In no residential district shall shipping containers be permitted on any parcel for any use. This restriction shall not prevent the use of such containers under the following limited circumstances: 1) For use as temporary storage on a bona fide construction site while a building permit is active and the square footage sum of all containers present does not exceed 20 percent of the square footage of the primary structure; 2) To load personal property for shipping or storage when such containers are removed from the subject property within 14-calendar-days of placement. Upon written request to the building department, this maximum 14-calendar-day period may be extended on a week-to-week basis if deemed necessary by the building official up to a maximum of 30-calendar-days from original placement.

For the purpose of this ordinance, no differentiation shall be made with regard to the ownership/conveyance form of a current property or proposed development when interpreting/enforcing the provisions herein. Multiple residential units occupying a single lot shall be permitted only in zones in which multifamily use is specifically permitted and all site plan and lot requirements pertaining to multifamily developments shall be in full force and effect. Multiple commercial units occupying a single lot shall be permitted only in zones in which the planned commercial uses(s) is/are specifically permitted and all site plan and lot requirements pertaining to the applicable commercial zone shall be in full force and effect. Land areas defined for ownership or conveyance as condominium units shall conform to all lot and permitted use requirements of the zone in which the property is located and shall be subject to all requirements/processes of the Falkville Subdivision Regulations as per a conventional subdivision.