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Geneva City Zoning Code

ARTICLE 1.

AUTHORITY, PURPOSE AND SCOPE

Sec. 1.01.- Short Title.

This Ordinance shall be known as the "Zoning Ordinance of the City of Geneva, Alabama" and the Official Zoning Map herein referred to, known as the "Zoning Map of the City of Geneva, Alabama," shall be further identified by the signature of the mayor and attested by the city clerk. The Zoning Map of Geneva and all explanatory matter thereon is hereby adopted and made a part of this Ordinance. The map is filed in the office of the city clerk.

(Ord. No. 12-2017-05, § 1.01, 12-18-2017)

Sec. 1.02. - Purpose.

The purpose of this Ordinance is to influence the use of property within the City of Geneva in accordance with Title 11, Chapter 52, of the Code of Alabama, 1975 Compilation, as amended; and generally to implement and support the Comprehensive Plan and the developmental policies of the City of Geneva.

(Ord. No. 12-2017-05, § 1.02, 12-18-2017)

Sec. 1.03. - Applicability, Conflict with Other Regulations.

The provisions of this Ordinance apply to all property located within the corporate boundary of the City of Geneva. All uses, structures, sites, lots and parcels must be in compliance with the provisions of this Ordinance.

Wherever there is a conflict between the provisions of this Ordinance, and those of any statute, or any local law or regulation, the most restrictive provisions apply.

(Ord. No. 12-2017-05, § 1.03, 12-18-2017)

Sec. 1.04. - Minimum Requirements.

The provisions of this Ordinance are minimum requirements to promote the public health, safety, and welfare. This Ordinance does not lower the restrictions of plats, deeds or private contracts, if they are greater than the provisions of this Ordinance. The more restrictive requirements apply.

No business license will be issued for the use of a property unless the use and property are in compliance with the provisions of this Ordinance.

(Ord. No. 12-2017-05, § 1.04, 12-18-2017)

Sec. 1.05. - Severability.

If any clause, portion, provision, or section of this Ordinance is held invalid by any court of competent jurisdiction, the holding shall not render invalid any other clause, portion, provision, or section.

(Ord. No. 12-2017-05, § 1.05, 12-18-2017)

Sec. 1.06. - Repeal of Conflicting Ordinances.

Except where otherwise stated herein, on the effective date of this Ordinance, all other local ordinances or parts of ordinances in conflict or inconsistent with this Ordinance, and all amendments thereto, are hereby repealed to the extent necessary to give this Ordinance full force and effect.

(Ord. No. 12-2017-05, § 1.06, 12-18-2017)

Sec. 1.07. - Establishment of Districts.

The City is hereby subdivided into residential, commercial, industrial and special districts as shown on the Official Zoning Map. The Official Zoning Map, together with all explanatory materials it contains, is hereby made a part of this Ordinance.

For the purpose of this Ordinance the City of Geneva is hereby divided into types of districts designated as follows:

1.

R-1 Residential District.

2.

R-2 Residential District.

3.

R-3 Residential District.

4.

T-1 Manufactured Home Overlay District.

5.

T-2 Manufactured Home Park District.

6.

T-3 Manufactured Home Subdivision District.

7.

B-1 Local Shopping District.

8.

B-2 General Business District.

9.

B-3 Downtown Business District.

10.

INST Institutional District.

11.

M-1 Light Industry District.

12.

M-2 General Industry District.

13.

AG-1 Agricultural District.

14.

AG-2 Agricultural District.

(Ord. No. 12-2017-05, § 1.07, 12-18-2017)

Sec. 1.08. - District Boundaries.

The boundaries of the zoning districts shown on the Official Zoning Map are intended, as far as possible, to follow lot lines, the centerlines of streets or alleys, the centerline of railroad tracks, the centerlines of streams and watercourses, and the corporate boundary. Where any district boundary cannot be accurately determined from the Map, the Board of Adjustment determines where the boundary is officially located.

Whenever any street, alley or other public way is vacated or abandoned by official action of the City the zoning district adjoining each side of the street, alley or public way will be automatically extended to the center of same and all area included therein will then be subject to the regulations of the extended district.

(Ord. No. 12-2017-05, § 1.08, 12-18-2017)

Sec. 1.09. - Annexed Property.

Following the adoption of this Ordinance, any property annexed into the City will be immediately and automatically placed in the AG-1 District, or another district(s) determined by the City Council. Any subsequent rezoning of the property will follow the procedures for amendments in this Ordinance.

(Ord. No. 12-2017-05, § 1.09, 12-18-2017)

Sec. 1.10. - Transitional Rules.

This Ordinance applies to applications accepted on or after the effective date of this Ordinance. This Ordinance will not affect any complete application accepted for review, but for which no final action has been taken, prior to this date. The application will be acted on under the law in effect at the time the completed application is accepted.

When a development plan has been started or approved under a previous version of this Ordinance, it may be completed only as follows:

1.

If development, for which a site plan, subdivision plat or building permit was approved prior to the effective date of this Ordinance, fails to meet any time frames in effect for that development at the time of approval, the approval will expire; and future development will be subject to this Ordinance.

2.

Any violation of the previous Ordinance shall be a violation under this Ordinance and subject to the penalties set out in §11.10 Penalty and Remedies, unless the development, use or other activity complies with this Ordinance.

(Ord. No. 12-2017-05, § 1.10, 12-18-2017)