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Gadsden City Zoning Code

ARTICLE V.

ZONING DISTRICTS CREATED; ZONING MAPS[6]


Footnotes:
--- (6) ---

State Law reference— Zoning districts authorized, Code of Ala. 1975, §§ 11-52-70, 11-52-71.


Sec. 130-161.- Creation of districts.

For the purpose of this chapter, the city is divided into the following districts:

R-1 District: One-Family Residence District.

R-2 District: Multiple-Family Residence District.

R-T District: Residential Townhouse and Zero Lot Line Dwelling District.

B-1 District: Neighborhood Business District.

B-2 District: General Business District.

B-3 District: Central Business District.

B-4 District: Design Review District.

I-1 District: Light Industry District.

I-2 District: Heavy Industry District.

O-1 District: Office District.

Supplemental district:

Overlay District.

(Code 1982, § 24-20; Ord. No. O-33-05, § 2, 3-29-2005; Ord. No. O-04-06, 1-17-2006)

Sec. 130-162. - Official zoning map.

(a)

Adoption. The city is hereby divided into zones, or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

Changes in map. If, in accordance with the provisions of this chapter and applicable state laws, change is made in district boundaries or other matter portrayed on the official zoning map, such change shall be entered upon the official zoning map promptly upon adoption of the amendment effecting such change.

(c)

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highway or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, lakes or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (c)(1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (c)(1) through (4) of this section, the board of adjustment shall interpret the district boundaries.

(7)

In case of a street vacation, where a district boundary is indicated as following the right-of-way line at the edge of the street, such boundary shall be construed as moving to the centerline of the street.

(Code 1982, § 24-5)

Sec. 130-163. - Zoning of annexed territory.

(a)

All territory which may hereafter be annexed to the city shall be considered to be in the R-1 district (one-family residence district) until otherwise classified.

(b)

A petition to annex property to the city may be expressly conditioned upon the zoning of the property in a particular district. The property shall not be annexed unless it is subsequently zoned as requested in the petition to annex.

(c)

All petitions to annex conditioned upon a particular zoning district shall be referred to the planning commission for disposition in the manner provided in section 130-102(b).

(d)

The city council shall hold a public hearing on the recommendation of the planning commission and shall give notice thereof as required by law. After the public hearing, the city council may adopt an ordinance annexing the property to the city and may thereafter adopt an ordinance zoning the newly annexed property as it deems necessary and desirable. The ordinance of annexation shall be null and void if the zoning ordinance does not satisfy the zoning condition expressed in the petition to annex.

(Code 1982, § 24-6)