Except as otherwise provided for in this Ordinance:

1.

No land may be used nor building erected, enlarged, reconstructed, moved, structurally altered or used except for a use permitted by right, by Special Exception, or as a Conditional Use in the applicable district. Uses are permitted within each district as specified in this Article and in Articles 4, 5 and 6.

2.

Structures must be located on each lot in accordance with the area and dimensional regulations in Articles 4, 5 and 6 unless modified by any applicable Use-Specific Regulations (refer to Article 7).

All buildings erected, enlarged, reconstructed, moved or structurally altered must conform to the dimensional regulations of the applicable district. The minimum lot area, yard setbacks, open spaces and parking spaces required for each building, may not be encroached upon or counted toward the requirements for any other building unless stated otherwise in this Ordinance.

3.

No building for human occupancy may be erected without unrestricted vehicular access to a public street.

4.

No private permanent building, fence or other structure may be placed or constructed within a public right-of-way or easement.

5.

No lot may be reduced in area so that yards and open spaces total less than that required under this Ordinance.

(Ord. No. 12-2017-05, § 3.01, 12-18-2017)

The Zoning Official may classify a use not set out in this ordinance within a listed use of most similar impact and characteristics. Appeals to this interpretation may be filed with the Board of Adjustment.

In the event the Zoning Official finds a new or unusual use that cannot appropriately fit a listed use, the following procedures apply:

1.

If compatible with the existing zoning district, the unclassified use may be permitted by Special Exception upon approval by the Board of Adjustment.

2.

If the unclassified use would not be compatible with the existing zoning district, the Zoning Official will determine the most appropriate district and inform the applicant accordingly, at which time the applicant may apply for rezoning (see §11.05 Amendments). The unclassified use may then be considered as a Special Exception by the Board.

Following final action as (1) and (2) above may require, the Commission may amend this Ordinance to list the newly permitted use in the most appropriate district(s).

(Ord. No. 12-2017-05, § 3.02, 12-18-2017)

Except as specifically provided for upper-story dwellings, accessory dwellings, home occupations and caretaker dwellings, no structure may be used as a dwelling simultaneously with any other use.

(Ord. No. 12-2017-05, § 3.03, 12-18-2017)

Utility poles, wires, cross-arms, transformers attached to poles, guy wires, insulators, conduits and other utility structures necessary for electric power, telephone or telegraph service, distribution of gas, oil, water or other utilities may be constructed, erected, repaired, maintained or replaced within any district of the City.

(Ord. No. 12-2017-05, § 3.04, 12-18-2017)

Any structure to be moved within the city limits will be considered a new building under construction; and must conform to all applicable provisions of this Ordinance.

(Ord. No. 12-2017-05, § 3.05, 12-18-2017)

1.

No building will be required to be set back more than the average setback of existing buildings within 100 ft on each side.

2.

Single frontage corner lots for detached single-family and duplex dwellings have a primary (greater) front yard and a secondary (lesser) front yard, as specified in the district regulations. Corner lots, in all other cases, must provide a front yard on each street frontage.

3.

Through lots must provide a front yard setback on both street frontages.

4.

The following projections into required yards are permitted:

a)

Chimneys, roof overhangs, eaves and similar architectural features may not be closer than three ft to any side or rear lot line.

b)

Terraces, steps, uncovered porches and similar features that extend no more than three ft above the ground may project into a required yard but no closer than five ft to any side or rear lot line.

5.

In residential districts, satellite dish antennas must be located behind the front building line and no closer to any property line than 10 ft.

6.

For any lot which, at the time of adoption of this Ordinance or subsequent amendment, may be reduced in area by widening a public street to a future street line as indicated on a duly adopted "Major Street Plan", or as reserved under the mapped street provisions of Title 35, Chapter 2, Article 3, Sections 50-62, inclusive, Code of Alabama 1975 (as amended), area and dimensional requirements must be met considering the future street line(s) as the lot lines.

(Ord. No. 12-2017-05, § 3.06, 12-18-2017)

Each structure hereafter erected or altered may not exceed the maximum height of the applicable district. Height limitations do not apply to steeples, barns, silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers and aerials, cooling towers, water tanks, industrial structures (when required by manufacturing process), and similar structures or portions thereof.

(Ord. No. 12-2017-05, § 3.07, 12-18-2017)

Fences or walls on residentially zoned property or abutting a residential district may not exceed eight ft above the ground. Otherwise, where the lot line abuts a nonresidential district, fences and walls may be taller but may not exceed ten ft.

(Ord. No. 12-2017-05, § 3.08, 12-18-2017)

Visibility for drivers must be maintained within a triangular area at the junction of any two streets or a street with a driveway or alley. The size of this triangular area is a function of the classification of the streets, which is determined by the relative volume and speed of traffic on them. Within these areas, nothing may be planted, placed, erected, or allowed to grow that interferes with visibility between a height of 2.5 ft and eight ft above finished grade at the intersection of the street centerline with that of the other street.

For streets that intersect at an oblique angle; or, in cases where there are unusual circumstances that require special consideration, the triangular area is determined using the standards of the latest edition of the Manual of Uniform Traffic Control Devices.

Where a driveway or alley intersects with a public street, the triangular area extends 10 ft from the intersection along the right-of-way and 10 ft from the intersection along the edge of the driveway or alley.

(Ord. No. 12-2017-05, § 3.09, 12-18-2017)

1.

Accessory structures may not be used for human habitation, except as allowed for accessory dwellings.

2.

Accessory structures may not be erected forward of the front building line. In residential districts, they may only be placed to the rear of the dwelling or other principal building.

3.

Accessory structures may not exceed two stories in height and may not cover more than 30% of any required rear yard. They must be set back at least five ft from rear and side lot lines.

4.

Private below-ground swimming pools on residential lots may be located in the rear yard only and must be set back 10 ft or more from the nearest lot line.

(Ord. No. 12-2017-05, § 3.10, 12-18-2017)

For all proposals involving the creation of open spaces and facilities to be owned and maintained by the developer or a homeowner, property owner, or condominium association, the following apply:

1.

If not owned and maintained by the developer, an association representing the owners must own the common open space or facility in perpetuity. Membership in the association is mandatory and automatic for all owners of the subdivision or condominium and their successors. The association must have lien authority to ensure the collection of dues from members. The responsibility for maintaining the common open space and/or facilities will be borne by the association.

2.

Management Plan. The applicant must submit a plan for management of open space that:

a)

Allocates responsibility and guidelines for maintenance and operation;

b)

Estimates the costs for maintenance, operation, and insurance and outlines the means of funding;

c)

Provides that any changes to the plan be approved by the Commission; and

d)

Provides for enforcement of the plan.

3.

In the event the party responsible for maintenance fails to maintain the facility in reasonable order and condition, the City may assume responsibility for maintenance and may enter the premises and take corrective action. Costs incurred may be charged to the association or its members. Such costs will become a lien on all involved properties.

(Ord. No. 12-2017-05, § 3.11, 12-18-2017)

1.

Manufactured homes must be located in an approved manufactured home sales establishment or manufactured home district, except as follows:

a)

A manufactured home may be temporarily parked and used as a construction office or the quarters of a night watchman at a construction site with approval of the Zoning Official. Such approval expires upon completion of construction.

b)

A manufactured home may be used as an office in the B-2, M-1 or M-2 Districts through approval of a Special Exception from the Board of Adjustment.

c)

A manufactured home may be temporarily occupied for residential purposes in an AG-1, AG-2, R-1, R-2 or R-3 District for up to three years through approval of a Special Exception from the Board.

2.

For public health and safety purposes, at the time of installation, manufactured homes must be inspected and approved by the Building Inspector. Manufactured homes must have the undercarriage skirted with commercially-approved skirting and must meet any State and local tie-down and sewerage regulations.

3.

Recreational vehicles, travel trailers, motor homes, boats and boat rigs may be stored in any district provided they are stored in the rear yard or in an enclosed building. Other methods of storage must be approved as a Special Exception by the Board of Adjustment.

(Ord. No. 12-2017-05, § 3.12, 12-18-2017)

1.

General Provisions.

a)

Except as otherwise provided in this Section, any nonconforming lot, structure or use lawfully existing on the effective date of this Ordinance, or subsequent amendment thereto, may continue so long as it remains otherwise lawful.

b)

Nothing in this Section may be interpreted to prohibit routine maintenance, restoration of a structure to a safe condition, internal renovations and modifications, and external improvements that do not increase in scope or scale the nonconformity of a structure.

c)

No nonconformity may be moved to any other location on the same or any other lot unless the entire structure will conform, after being moved, to district regulations.

d)

No use or structure that is accessory to a nonconforming principal use may continue after the principal use ceases, unless it thereafter conforms to all applicable regulations.

e)

The burden of establishing the lawful status of a nonconforming structure or use rests with the owner.

2.

Definitions. For the purposes of this Section the following definitions apply:

a)

Nonconforming Lot of Record: Any vacant lot legally established prior to the effective date of this Ordinance or amendment thereto, that does not fully comply with area and dimensional regulations.

b)

Nonconforming Developed Lot: Any lot containing a structure or activity legally established prior to the effective date of this Ordinance or amendment thereto, that does not comply with area and dimensional regulations.

c)

Nonconforming Improvements: Any physical improvements, including drainage improvements, driveways, landscaping, lighting and parking areas, but excluding structures or signs, legally established prior to the effective date of this Ordinance or amendment thereto, that do not comply with applicable regulations for such improvements.

d)

Nonconforming Structure: Any building or structure, other than a sign, legally established prior to the effective date of this Ordinance or amendment thereto, that does not fully comply with area and dimensional regulations.

e)

Nonconforming Use: An activity using land or structures for purposes, which were legal prior to the effective date of this Ordinance or amendment thereto, but which does not comply with the use regulations of this Ordinance.

3.

Nonconforming Lots and Structures.

a)

Where the owner of a nonconforming lot of record does not own sufficient abutting land to enable compliance with the dimensional regulations of this Ordinance, one building and its accessory structures may be built on the lot provided they conform as closely as possible to district requirements. No side yard, if required to be greater than five ft in the particular district, may be reduced to less than five ft.

b)

Nonconforming developed lots and structures used for permitted uses may be modified, enlarged, and/or expanded provided that the change conforms to or increases conformity with the this Ordinance.

4.

Nonconforming Uses.

a)

A nonconforming use may be changed to another nonconforming use that is the same or lesser intensity. Once a nonconforming use changes to a permitted use, it may not revert to a nonconforming use.

b)

A nonconforming use may not be altered, enlarged, or intensified in any way that increases its nonconformity, but may be altered or reduced to decrease its nonconformity.

c)

If a nonconforming use is damaged to the extent that restoration costs exceed 60% of the value of the use immediately before the damage occurred, or is discontinued and remains vacant for one year or more, subsequent use of the lot or structure must comply with district regulations.

5.

Nonconforming Improvements. Off-street parking, loading areas and landscaping must be brought into conformance prior to occupancy by a new use (when a building permit is required), expansion of an existing use or occupancy following a period of vacancy of 365 calendar days or longer. The Board of Adjustment may modify this requirement through approval of a special exception if it finds that full compliance is either not practicable or unreasonable in the particular case.

(Ord. No. 12-2017-05, § 3.13, 12-18-2017)