The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or structure on the same lot with, and of nature customarily incidental or subordinate to, the principal use or structure.

Airport means the Fort Payne Municipal Airport (Isbell Field).

Airport elevation means the highest point of the airport's usable landing area measured in feet from sea level.

Alley means a public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

Alternative support structure means a building or structure, other than a tower, which is used to support an antenna, such as a steeple, power pole, water tank, sign, clock tower, light pole and other similar structures.

Antenna means any exterior apparatus designed to transmit or receive electromagnetic waves.

Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the slope of 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

Approach, transitional, horizontal, and conical zones. These zones are set forth in section 44-562(a).

Bed and breakfast means a single-family, owner-occupied dwelling, wherein a fee is charged to provide more than two bedrooms as overnight accommodations for guests and where meals may be served to overnight guests but meals are not served to the non-resident general public.

Boardinghouse means a dwelling for the residency of two or more boarders on a long-term basis, at least month-to-month, wherein the rooms being rented do not constitute a dwelling unit as defined by this section.

Buffer strip. A buffer strip consists of a planting strip at least ten feet in width composed of evergreen trees, spaced not more than ten feet apart, and not less than one row of dense shrubs, spaced not more than five feet apart, and the strip shall be planted and maintained in a healthy growing condition by the property owner.

Buildable area means the portion of a lot remaining after required yards have been provided.

Building means any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or chattels.

Building, accessory, means a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

Building area means the portion of the lot occupied by the main building, including porches, carports, accessory buildings, and other structures.

Building, principal, means a building in which is conducted the main or principal use of the lot on which the building is situated.

Building setback line means a line parallel to the property line in front of which no structure may be erected.

Concealment structure means a structure which supports and completely conceals an antenna, such as a steeple, sign, man-made tree, clock tower and similar applications.

Conditional use means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this chapter.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

District means any section of the city in which zoning regulations are uniform.

Dwelling, multifamily, means a building arranged to be occupied by three or more families living independently of each other. A multifamily dwelling is an attached dwelling.

Dwelling single-family means a building arranged to be occupied by one family, the structure having only one dwelling unit. A single-family dwelling is a detached dwelling having a minimum of 1100 square feet and being site built in R-1 (Low Density Residential District), and 600 square feet and being site built in all other districts.

Dwelling, two-family, means a building arranged to be occupied by two families living independently of each other, the structure having two dwelling units. A two-family dwelling is an attached dwelling.

Dwelling unit means a building, or portion thereof, designed, arranged or used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.

Easement means a grant by the property owner of use, by the public, a corporation, or person of a strip of land for specified reasons, or as created by operations of law.

Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit, all but two of whom are related within the second degree by birth, adoption or marriage; provided, however, a family shall be deemed to include up to three unrelated persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if any one or more of the three unrelated occupants is disabled as the term "disabled" is defined in state and federal fair housing and related laws, rules and regulations. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as described in this definition.

Group home means a single-family dwelling which is owned by a nonprofit entity and occupied by not more than three unrelated persons who are disabled as the term "disabled" is defined in state and federal fair housing and related laws, rules and regulations.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height.

(a)

Airport zone. For purposes of determining the height limits in all airport zones set forth in this chapter, the datum shall be mean sea level elevation unless otherwise specified.

(b)

Buildings. For buildings, the term "height" means the vertical distance measured from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

(c)

All other structures. For all other structures, the term "height" means the vertical distance measured from the grade to the highest point of the structure.

Home occupation means an occupation conducted entirely in a dwelling unit, provided that:

(a)

No person other than immediate members of the family residing on the premises shall be engaged in such occupation.

(b)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(c)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the principal building.

(d)

No home occupation shall be conducted in any accessory building.

(e)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard or side yard.

(f)

There shall be no doctor's office for animals or humans conducted in a residential dwelling in a residential area as a home occupation.

(g)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(h)

The following, which are listed for emphasis, shall not be considered home occupations: beauty shops, barbershops, band instrument instructor, swimming instructor, studio for group instruction, public dining facility or tearoom, antique or gift shops, photographic studio, fortunetelling or similar activity, outdoor repair, food processing, retail sales, nursery school or kindergarten. The giving of group instruction of any type shall not be deemed a home occupation.

(i)

The giving of individual instruction to one person at a time, such as art or piano teaching, shall be deemed a home occupation; provided, however, that the provisions of subsection (h) of this definition shall apply to prohibiting individual instruction as a home occupation for those activities listed in subsection (h) of this definition.

(j)

Fabrication of articles such as are commonly classified under the terms "arts" and "handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition, and providing no retail sales are made at the home.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Hotel andmotel mean an establishment wherein a fee is charged to provide overnight accommodations for guests.

Inn means an establishment which is located in a building which was originally designed and used as a single-family dwelling, wherein a fee is charged to provide overnight accommodations for guests.

Junkyard means the use of more than 600 square feet of any lot or tract for the outdoor storage or sale of waste paper, rags, scrap metal, or other junk, and including machinery.

Loft apartment means a multifamily dwelling located above the first floor of a commercial building in the C-2 Central Business District.

Lot means a portion of a subdivision or any parcel of land intended as a unit for transfer of ownership or for development, or both. The term "lot" includes the word "plot" or "parcel."

Lot, corner, means a lot which occupies the interior angle at the intersection of two street lines. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front.

Lot depth means the mean distance of the side lines of the lot measured from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the probate judge of the county, or a lot described by metes and bounds, the description of which has been so recorded.

Lot width means the distance between side lot lines measured at the building setback line.

Manufactured home means a structure defined by and constructed in accordance with the national Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.). The definition at the date of adoption of the ordinance from which this chapter is derived is as follows: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 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 a permanent foundation, when connected with required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term "manufactured home" shall include any structure which meets all of the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.

Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, and which does not meet the standards required of a manufactured home herein.

Mobile home park means a parcel of land under single ownership, designed, maintained, intended or used for the purpose of supplying a location or accommodations for two or more mobile homes for non-transient use. The term "mobile home park" shall not include mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.

Nonconforming use means a legal use of a building or land that antedates the adoption or future amendment of the ordinance from which these regulations is derived and does not conform to the regulations for the district in which it is located.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 44-562(b).

Open storage means unroofed storage areas, whether fenced or not.

Parking space means a storage space of not less than nine feet by 18 feet for one automobile, plus the necessary access space. A parking space shall always be located outside the street right-of-way and required side yards.

Primary surface means a surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of the runway centerline. The width of the primary surface is set forth in section 44-562(a). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface extends 200 feet beyond each side of the runway.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Sign, off-premises, means a sign which directs attention to a business, commodity, service, entertainment, activity, institution or public use, which is located, conducted, sold, offered or undertaken at a location other than the premises on which the sign is located.

Sign, on-premises, means a sign which directs attention to a business, commodity, service, entertainment, activity, institution or public use, which is located, conducted, sold, offered or undertaken on the premises where the sign is located.

Square footage (feet) for residential dwellings shall be defined as an area of a house that is measured and calculated in accordance with the American Standards Institute, Inc., the Home Innovations Research Labs' square footage method for calculating, and the ANSI Z765-2021, American National Standard for single-family residential building, as amended.

Stand means an area within the mobile home park which has been improved for a single mobile home as provided in this chapter.

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

Street line means the dividing line between a right-of-way and the contiguous property.

Structure means an object, constructed or installed by man, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including, but without limitation, buildings, towers, smokestacks, earth formation, overhead transmission lines, and signs.

Telecommunications facility means a facility that transmits or receives electromagnetic waves. The term "telecommunications facility" includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, telecommunications towers or alternative supporting structures, equipment, buildings, cabinets, parking areas and all other accessory structures and uses.

Tourist home means a single-family, owner-occupied dwelling, wherein a fee is charged to provide not more than two bedrooms as overnight accommodations for guests and where meals may be served to overnight guests but meals are not served to the non-resident general public.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antenna, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and similar towers.

Transitional surfaces. These surfaces extend outward at 90-degree angles to the runway centerline and extend at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Tree means any object of natural growth.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Yard means 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 chapter.

Yard, front, means 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 right-of-way line.

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

Yard, side, means 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.

Zoning administrator means the individual appointed by the mayor and city council with the responsibility of enforcing this chapter and working in accordance with other city officials who have duties under this chapter.

(Ord. of 4-15-2008, § 12-2; Ord. No. 2017-08, § 2, 6-20-2017; Ord. No. 2024-05, § 1, 8-20-2024)