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. The words "used or occupied" include the words "intended, designed, or arranged to be used or occupied."

Abandoned sign means any sign or sign structure identifying a previous use or activity that has not occupied the site for a period greater than 120 days, does not maintain a current business license or pertains to a time, event or purpose which no longer applies.

Accessory structure means a detached subordinate building located on the same building site with the main building, the use of which is incidental to that of the main building.

Accessory use means a use customarily incidental to the principal use of a building site or to a building and located upon the same building site with the principal use.

Activities of daily living means those activities necessary to health, grooming, personal sanitation, financial security, and well-being which reasonably competent and healthy individuals can ordinarily perform for themselves. Such activities include, but are not limited to, walking, bathing, shaving, brushing one's teeth, combing one's hair, dressing oneself, managing one's money, shopping, food preparation, self-administration of medication, recreation and leisure activities.

Alley means any public space or thoroughfare 20 feet or less in width which has been dedicated or deeded for public use.

Alteration means any structural change in the supporting or loadbearing members of a building such as bearing walls, columns, beams or girders.

Assisted living facility means a permanent building, portion of a building, or group of buildings (not including mobile homes or trailers) in which room, board, meals, laundry, and assistance with personal care and other services are provided for not less than 24 hours in any week to a minimum of two adults not related by blood or marriage to the owner and/or administrator.

Back-to-back signs means signs erected with faces oriented in opposite directions and separated by no more than four feet.

Banner means any sign made of lightweight fabric, cloth, canvas, plastic sheeting, nylon or any other flexible material which is not rigidly and permanently attached to a building or the ground through a permanent support structure. A banner shall be considered a temporary sign.

Beer or malt or brewed beverages means beer or malt or brewed beverages as defined in Code of Ala. 1975, § 28-3-1 et seq.

Boardinghouse means a building where, for compensation and by prearrangement, three or more persons but not more than ten persons, other than occasional or transient customers, are provided with meals; the term includes "bed and breakfast."

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

Building means any covered structure intended for shelter, housing or enclosure of persons, animals or chattels.

Building height means the vertical distance from grade to the highest finished roof surface in the case of flat (or nearly flat) roofs or to a point at the average heights of roofs having a pitch of more than one foot in 4½ feet.

Building site means the land occupied or to be occupied by a building and its accessory buildings and including such open spaces, yards, minimum area, off-street parking facilities and off-street truck loading facilities as are required by this chapter. Any building site established after the effective date of the ordinance from which this chapter is derived which occupies any portion of a lot of record may be established only in accordance with the requirements of the subdivision regulations of the city planning commission.

Building wall sign means a sign displayed upon or attached to any part of the exterior of a building, including walls, doors, parapets, and marquees. Canopy signs, awning signs, projecting signs, and signs suspended from buildings are considered types of building wall signs.

Certificate of appropriateness means a document evidencing approval of an application for use requiring planning approval to make a material change in the appearance for property located in that design review district.

Changeable copy sign, manual means a sign such as a bulletin board, public-announcement device or message center where letters, figures, numbers or combinations thereof which are not permanently affixed to the structure, framing or background and where the message is manually replaced or altered periodically.

Changeable copy sign, electronic means a sign or portion of a sign designed so that the legible message or copy could be changed frequently and which contains a display of letters, characters, figures or illustrations that can be rearranged altered or manipulated without altering the face or surface of the sign by electrical, electromechanical, electronic or computerized process.

Changeable copy sign, digital or video technology means a sign or portion of a sign designed so that the legible message or copy can be changed frequently. Any sign, existing or otherwise, which could be altered, erected, placed or constructed upon a new or existing supporting structure, mono pole or otherwise, that is capable of full-motion video technology consisting of a matrix board behind which computerized lights are projected to form images, as for a television or a sign which can be computerized or programmed to depict action, animation, movement, scrolling, change of position, formation of word messages or visible displays, the change of word messages or visible displays, words, numbers, symbols or graphics by means of computerized, digital enhancement, artificial light or lights which are capable of changing the degrees of intensity or lumens that can be electronically changed, arranged or controlled without altering the face or surface of the sign. Any sign which has the capability by its design of being programmed to automatically change the depiction of a scene or message upon a set and determined period of time, frequency or interval. Any sign which may require the use artificial means of heating and cooling for its operation which are utilized and may be attached to the supporting structure.

Chief building official means the building official or his designee.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clinic, dental or medical, means a building in which a physician or dentist or group of physicians, dentists and allied professional assistants are associated for the purpose of carrying on their profession; the clinic may include a dental or medical laboratory but it shall not include inpatient care or operating rooms for major surgery.

Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Commercial sign means when describing the content of a sign, a sign advertising, identifying, directing attention to, or otherwise relating to commerce and to property, goods or services for sale, lease, exchange or any other transaction where value is given or received by any party to the transaction.

Completely enclosed structure means a building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrance and exit doors.

Congregate assisted living facility means an assisted living facility for 17 or more adults.

Cultivator means an entity licensed by the Alabama Medical Cannabis Commission (or, as applicable, the Department of Agriculture and Industries) under Code of Ala. 1975, § 20-2A-62 (as amended), to grow cannabis pursuant to article 4 of the Act.

Department means the city building department.

Development sign means any sign of a temporary nature used at the entrance to a subdivision, office park, or similar development that may indicate current or planned development of property, lots being sold, the name of the developer, financial institution or other development parties.

Dispensary means an entity licensed by the commission under Code of Ala. 1975, § 20-2A-64 (as amended), authorized to disperse and sell medical cannabis at dispensing sites.

Display area means the area of a sign or advertising device that can be enclosed or measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire sign or advertising device; excluding trim, frame, apron, posts, uprights, braces or other structural members which support it. (See subsection 130-486(2) calculation of display area).

Drive-in restaurant means a place or premises used for sale, dispensing or service of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages o the premises.

Dwelling, manufactured home means a single-family home which:

(1)

Is comprised of at least two, fully enclosed parallel sections each of which is not less than 432 square feet;

(2)

Was originally constructed with and now has a composition or wood shake shingle, coated metal, or similar roof of not less than 5:12 pitch;

(3)

Has exterior siding similar in appearance to siding materials commonly used on site-built single-family homes; and

(4)

Was built in accordance with the International Building Code.

Dwelling, mobile home, means a transportable, factory-built home designed and intended to be used as a year-round dwelling, is built in accordance with the Federal Manufactured Housing and Safety Standards Act of 1974, and is inspected by the Department of Housing and Urban Development (HUD).

Dwelling, multiple-family, means a residential building designed for or occupied by two or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, one-family, means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.

Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

Erect means to construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign. It shall not include any of the foregoing activities when performed as an incident to change a message on a reader board, or maintain the sign.

Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a building or other structure, including, but not limited to, the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.

Exterior environmental features means all those aspects of the landscape or the development of a site which affect the character of the property.

Family means one or more persons occupying a single dwelling unit; provided that, unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family.

Family child care home means the care of six or less children in a first, second or third shift (or a combination of these shifts) by the occupant of the home; such use must meet the requirements of a home occupation and be approved as a special exception in the R-1 and R-2 zones.

Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. The posts or other supporting structures shall be considered as part of the sign, except that they shall not be included in computing the sign display area.

Grade level, finished means the finished elevation of the lot or development site upon which the sign is located and or the curb line or in the absence of a curb line the edges of the street pavement of the primary access street for all freestanding signs. Finished grade for signs mounted on buildings shall be the sidewalk, alley or ground directly below said sign.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines; all horizontal dimensions shall be measured between the exterior faces of walls, including walls of roofed porches having more than one wall. The gross floor area of a building shall include the floor area of accessory buildings on the same building site, measured the same way.

Group assisted living facility means an assisted living facility for four to 16 adults.

Home occupation means an occupation for gain or support conducted in a dwelling unit only by members of a family residing in the dwelling unit and not including the employment of any additional persons, provided that no article is sold or offered for sale except such as may be produced by members of the family in the dwelling unit; provided further that the occupation is incidental to the residential use of the dwelling unit and does not utilize more than 25 percent of the floor area, that no traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and that 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. There shall be no visible evidence of the conduct of a home occupation other than one non-illuminated sign not exceeding two square feet in area and mounted flat against the wall of the principal structure.

Hospital means an institution providing health services, primarily for inpatients, and medical and surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

Hotel means a building or group of buildings in which any sleeping quarters are furnished on a commercial basis to transients or to any person for a period of less than one month; the term includes "motel."

Illuminated sign means any sign erected which emanates light by means of exposed tubing or lamps on its surface or by means of illumination transmitted through the sign faces, or reflecting light from a separate outside source aimed toward it.

Integrated facility means an entity licensed under Code of Ala. 1975, 20-2A-67 (as amended).

Legible means that a message can be comprehended by a person with eyesight adequate to obtain a current Alabama driver's license standing in the public way or other location from which legibility is to be determined. Where such facts are material, it shall be presumed that the observation takes place in daylight hours, and that the person making the observation is standing and is between five feet two inches and six feet tall.

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

Maintenance means any cleaning, painting, copy change on a changeable copy sign, poster panel replacement or bulb replacement which does not alter the basic message, design, structure, size or electrical service to the sign. Poster panel replacement or copy change shall be identical to that which is being replaced or changed.

Material change in appearance means a change that will affect either the exterior architectural or the environmental features of any property, building, structure, site, object, landscape feature, sign or work of art such as:

(1)

A reconstruction or alteration of the size, shape or facade of the property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements; provided, however, that the placement or removal of religious symbols, artifacts or objects, including stained glass windows, shall not be considered a material change in appearance so long as the structure remains intact and usable;

(2)

Demolition or relocation of a structure;

(3)

Commencement of excavation for construction purposes;

(4)

A change in the location of advertising visible from the public right-of-way; or

(5)

The erection, alteration, restoration or removal of any building or other structure, including walls, fences, steps and pavements or other appurtenant features; provided, however, that the erection of religious displays shall not be considered a material change in appearance.

Main or entry facade means generally the facade or side of the building that faces the public street, road or highway. In cases where the building is oriented in a manner not parallel to the street, the primary entrance facade is used as the main facade.

Micro-distillery: An establishment for the manufacture, blending, fermentation, processing and packaging of alcoholic beverages, except beer and wine, which takes place wholly inside a building and produces no more than 75,000 proof gallons of alcoholic beverages annually. A tasting room is permitted within the micro-distillery. The micro-distillery must be properly licensed by any state or federal regulatory agency with jurisdiction over the facility, including the Alabama Beverage Control Board. All activities must occur within the building and outdoor storage is prohibited. The manufacture, processing and packing of beer and wine by the micro-distillery is prohibited.

Mobile home park means any plot of ground on which two or more mobile homes are located for long-term occupancy (for periods of 30 days or more) for use as dwellings. Mobile home parks shall not be occupied by travel trailers.

Monument sign means a low-profile freestanding sign not visibly supported by poles or posts which is directly attached to the ground and which may typically incorporate the design and building materials complementary to the architectural theme of the buildings on the same property.

Nit means a unit of measurement of brightness (luminance).

Noncommercial message means noncommercial messages including, but not limited to, signs expressing political views, religious views, support for a public educational or other institution, support for a noncommercial public event, or opposition or comment on any of the above. This definition shall be broadly construed; there shall be a rebuttable presumption that any sign not bearing a commercial message and bearing any other message at all is a noncommercial message, protected under this chapter.

Noncommercial sign means any sign not bearing a commercial message related to the commercial interests of the sign owner, lessee, author or other person responsible for the sign message.

Nonconforming structure means a building or part thereof lawfully existing on January 28, 1982, and which does not conform to all of the regulations of the district in which it is located.

Nonconforming use means a use which lawfully occupies a building or land on January 28, 1982, and which does not conform to the regulations of the district in which it is located.

Off-premises sign means any permanent or temporary sign which directs the attention of the general public to a business, service, product or activity not conducted, offered or sold as a major portion of business upon the premises where such sign is located. None of the following shall be deemed an off-premises sign:

(1)

Directional and other official signs authorized by law;

(2)

Signs advertising the sale or lease of property upon which they are located;

(3)

On-premises signs; and

(4)

Authorized banners or signs advertising community or cultural event on city-owned utility or streetlight poles on Broad Street between First Street and Seventh Street, Chestnut Street between First Street and Seventh Street, Wall Street between Norris Avenue and Meighan Boulevard, Tuscaloosa Avenue between Sixth Street and Twelfth Street, East Broad Street between Hood Avenue and Hoke Street and as otherwise authorized by ordinance.

On-premises sign means a permanent sign erected upon and maintained in conjunction with the use of a specific parcel of property identifying the name of the place, person or organization occupying the premises or designating the principal use or activity or the principal product or service available on the premises.

Open letter sign means a sign consisting of a logo or symbol, individual letters or connected lettering mounted on a building in a raceway or similar mounting or on the surface of an integral architectural element, which is attached to the building. Individual letters may be illuminated. The display area of an open letter sign shall not exceed the maximum permitted area for building signs on the property. (See subsection 130-485(2) calculation of display area).

Parapet means that portion of a wall which extends above the roof line.

Painted graphics means any mosaic, mural, painting, graphic art technique, or combination thereof placed on a wall and containing no copy, symbols, lettering, trademarks, or other references to the premises or products and/or services offered for sale on the premises.

Permit means the authorization or granting by license or written permission for a sign which is issued by the city.

Permitted structure means a structure meeting all the requirements established by this chapter for the district in which the structure is located.

Permitted use means a use meeting all the requirements established by this chapter for the district in which the use is located.

Personal care and other services means providing an adult with individualized supervision, care and assistance with activities of daily living.

Pole sign means a sign that is affixed, attached, or erected on a pole(s) that is not itself an integral part of or attached to the building or structure to which the sign pertains.

Political signs mean any temporary sign bearing a noncommercial message related to an election, a candidate, a public event, or a public issue.

Portable sign means any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for commercial messages; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business and any sign which is clearly designed to be relocated in its entirety, easily and without significant expense.

Premise means a single piece of real property. If two or more contiguous pieces of real property are owned by the same person they shall be considered one premise. If the properties would be contiguous except for the interposition of a road, street, railroad, stream or similar property, the properties may be considered one premise.

Processor means one who is licensed by the commission under Code of Ala. 1975, § 20-2A-63 (as amended), authorized pursuant to article 4 of the Act of these rules to purchase cannabis from a cultivator and extract derivatives from the cannabis to produce a medical cannabis product or products for sale and transfer in packaged and labeled form back to the contracting cultivator, if applicable, or to a dispensary or integrated facility where the packaged and labeled product may be offered for sale at a dispensary site to holders of a valid, unrevoked and unexpired medical cannabis card.

Projecting sign means a sign which is attached to and projecting from a structure, building or wall and is perpendicular or nearly perpendicular to the building or wall.

Prohibited sign means any sign not expressly authorized by these regulations (see section 130-484, prohibited signs).

Real estate sign means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

Roominghouse means a dwelling in which the resident family provides rooms for the accommodation of three or more persons on a semi-permanent basis (one month or longer) and not as transients.

Scenic drive/corridor means any traveling corridor having a unique aesthetic quality worthy of preservation and having been designated as a scenic drive or corridor by the city council.

Secure transporter means an entity licensed by the commission under Code of Ala. 1975, § 20-2A-65 (as amended), authorized to transport cannabis or medical cannabis from one licensed facility or site to another licensed facility or site.

Shopping center means a development consisting of two or more commercial units which may share common walls and ownership and is constructed primarily for retailing purposes on common property which may consist of one or more lots sharing appurtenant facilities, such as driveways, parking (off-street and parking deck) and pedestrian walkways and which is planned, developed, designed, owned or managed to provide the public with varied products and services at a single location.

Sign means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks or combinations thereof, designed to inform or attract the attention of the public.

Sign area means the area of a sign face computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral of the background of the display, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets the regulations in this chapter and is clearly incidental to the display itself; provided that:

(1)

Where two signs are placed side by side on a structure, the sign area shall be the total of the area of the faces.

(2)

Where sign faces are erected back to back or in a "V" type, the sign area shall be one-half of the totals of the areas of the faces.

Sign, height of, means the vertical distance measured from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of the public street.

Signs, spacing of, means the distance between signs measured along the centerline of the street or highway adjacent to the signs between the lines intersection with the centerline which are drawn as perpendicular lines from the center points of the sign faces to the centerline of the street.

Sign structure means the supports, pole(s), uprights, braces, framework, base, foundation, stringers, walkways or catwalks, lighting, display surfaces or face(s) of a sign and any artificial means of heating and cooling of a sign (i.e. electronic, digital or video signs).

Street means a public right-of-way more than 20 feet in width which provides vehicular access to adjacent properties.

Street line means the line or boundary separating the public right-of-way from the land or property adjoining.

Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground; provided, however, that utility poles, wires, guy wires, cables and towers, and all attachments thereto suspended on such poles or towers and fences and walls (other than building walls) shall not be considered to be structures.

Subdivision identification sign means a sign marking an entrance to a residential subdivision, office park, or industrial park.

Swimming pool means any constructed or prefabricated pool, 18 inches or more in depth, used for swimming or bathing.

Swimming pool, private, means all constructed or prefabricated pools which are used as a swimming pool in connection with a single-family residence and available only to the family of the householder and his private guests.

Temporary sign means any sign that is used only for a short, specifically limited time and that is not permanently mounted.

Trailer, mobile, means a detached structure designed for transportation after fabrication on streets and highways on its own wheels, or provisions for such, and arriving at the site where it is to be occupied by a nonresidential use complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks and other temporary or permanent foundations, connections to utilities and the like.

Trailer park means any plot of ground on which two or more travel trailers are located for short term (less than 30 days) occupancy during travel, recreational or vacation use. Trailer parks shall not be occupied by any travel trailer for 30 days or more nor by any mobile home.

Travel trailer means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet. For purposes of this chapter, the term includes pickup campers, camping trailers and motorized homes (living facilities constructed as integral parts of self-propelled vehicles).

V-type sign means signs erected with faces oriented in different directions which shall be separated by no more than four feet at their nearest point and with a horizontal angle no greater than 30 degrees.

Wind sign means any signs, banners, pennants, flags (other than official flags), ribbons, spinners, streamers or captive balloons, or other objects or materials fastened in such a manner as to move upon being subjected to pressure by wind (natural or otherwise) and drawing attention to a business, product, service or activity whether it contains a message or not.

Window sign means any sign, picture, symbol, or combination thereof designed to communicate information about a business, commodity, event, sale, or service for the location on which it is located that is placed inside or upon a window and is visible from the exterior of the window.

Yard means a required open space unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the building site upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility contained in this chapter.

Yard, front, means a yard extending the full width of the building site across its front, with required depth measured at right angles to and from the front street line of the building site.

Yard, rear, means a yard extending the full width of the building site across its rear, with required depth measured at right angles to and from the rear lines of the building site.

Yard, side, means a yard extending from the rear line of the front yard to the front line of the rear yard, with required width measured at right angles to and from the adjacent side line of the building site. If no front and/or rear yard is provided, the front and/or rear lines of the building site shall be construed as front and/or rear boundaries of the side yard.

(Code 1982, § 24-2; Ord. No. O-33-05, § 1, 3-29-2005; Ord. No. O-148-05, 10-25-2005; Ord. No. O-44-08, § 1, 9-2-2008; Ord. No. O-33-10, § 2, 7-27-2010; Ord. No. O-15-17, § 1, 6-6-2017; Ord. No. O-49-22, § 2, 12-13-2022)

Cross reference— Definitions generally, § 1-2.

The city council hereby finds that:

(1)

Code of Ala. 1975, title 11, ch. 52 (Code of Ala. 1975, § 11-52-1 et seq.) empowers

the city to enact a zoning ordinance and to provide for its administration, enforcement and amendment;

(2)

The city council deems it necessary, for the purpose of promoting the health, safety, morals or general welfare of the city, to enact such an ordinance;

(3)

The city council, pursuant to the provisions of Code of Ala. 1975, title 11, ch. 52 (Code of Ala. 1975, § 11-52-1 et seq.), has appointed a zoning commission, which zoning commission is the city planning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein;

(4)

The zoning commission has divided the city into districts and has prepared regulations pertaining to such districts in accordance with the comprehensive plan (master plan) heretofore made and adopted by the city planning commission, such regulations being designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewers, schools, parks and other public requirements;

(5)

The zoning commission has given consideration to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city;

(6)

The zoning commission has made a preliminary report and held a public hearing thereon and submitted its final report to the city council;

(7)

The city council has given due public notice of a hearing relating to zoning districts, regulations, and restrictions and has held such public hearing;

(8)

The city council has given due consideration to the recommendation of the planning commission and to the comments, evidence and proceedings adduced and occurring at the public hearing and has studied and considered the provisions of this chapter;

(9)

The city council does now find, determine and adjudicate that it is in the public interest, and necessary in promotion of the health, safety, morals and general welfare of the city, that the ordinance codified in this chapter be enacted;

(10)

The city council does further find, determine and adjudicate that, in each instance in which any area of land is by this chapter placed in a different classification or subjected to different regulations or ordinances of the city, a material change of circumstances has occurred or exists which requires such different classification or regulation, and that such different classification or regulation is in the public interest and required for the promotion of the general welfare; and

(11)

All requirements of Code of Ala. 1975, title 11, ch. 52, with regard to the preparation of the report of the zoning commission and subsequent action of the city council have been met.

(Code 1982, § 24-1)