DEFINITION OF CERTAIN TERMS USED HEREIN
The purpose of this article is to clarify the meaning of certain words as they are used in this ordinance.
Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purpose of this ordinance, certain words or terms are to be interpreted as follows.
Words used in the present tense include the future tense.
Words used in the singular include the plural and words used in the plural include the singular.
Building includes the word "structure."
Lot includes the word "plot" or "parcel."
Map or zoning map means the "Zoning Map, City of Greenville, Alabama."
Person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
Shall is always mandatory.
Used or occupied, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
For the purpose of this ordinance, certain words are defined as follows:
Accessory use or building: A use of building customarily incidental and subordinate to the principal use of building and located on the same lot with such principal use or building.
Airport: The Greenville Municipal Airport.
Airport elevation: The established elevation of the highest point on the usable landing area.
Airport hazard: Any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport.
Automobile parts sales store: A retail establishment where the retail sale of automotive "TBA" and aftermarket parts is carried out, but no repair, maintenance, reconditioning or rebuilding activities are permitted.
Automobile repair garage: A retail establishment where sales and services permitted under Gas Service Stations may be offered, and where general automotive repair is carried out. General automotive repair shall include any combination of the following: rebuilding and reconditioning of automotive vehicles; rebuilding and replacement of automotive systems, including engine rebuilding and replacement; painting and undercoating of automotive vehicles; and collision repair of automotive vehicles.
Automobile sales center: A retail establishment where the retail sale and installation of automotive "TBA" is carried out, but not repair, maintenance, reconditioning, or rebuilding activities are permitted.
Boarding or rooming house: Any dwelling in which three (3) or more persons either individually or as families are housed for rent with or without meals.
Buffer strip: An evergreen buffer which shall consist of a greenbelt planted strip not less than ten (10) feet in width. Such a greenbelt shall be composed of one (1) row of evergreen trees, spaced not more than forty (40) feet apart and not less than two (2) rows of shrubs or hedge, spaced not more than five (5) feet apart and which grow to a height of five (5) feet or more after one (1) full growing season and will eventually grow to not less than ten (10) feet.
Building: Any structure which is permanently affixed to the land, and intended for shelter, housing or enclosure of persons, animals or property.
Business signs: An attached or freestanding structure on which is announced the business use of the premises and/or the name of the operator of the business.
Comprehensive plan: Any officially adopted part or element of the general comprehensive plan of the City or its environs. This may include but is not limited to: The land use plan, the major street plan, the community facilities plan, and the capital improvements program.
Condominium: A multiunit dwelling or group of multiunit dwellings, including townhouses, wherein each unit owner enjoys exclusive ownership of his individual dwelling unit and holds fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facilities and areas of the building(s) and grounds which are used by all unit owners.
Dwelling: A building designed or used for living quarters for one (1) or more families.
Dwelling unit: A dwelling or portion thereof arranged, designed or used as permanent living quarters for one (1) family.
Family: One (1) 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 (5) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
Flood: An overflow of water onto lands not normally covered by water and results in significant adverse effects in the vicinity.
Floodway: The natural channel and the portion of the floodplain along the channel which must be retained solely for the passage of floodwaters to prevent an undue increase in flood heights upstream.
Floodway fringe areas: Areas lying outside the floodway but within the area subject to flooding.
Front yard: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot.
Gas service station: A retail establishment where engine fuels for sale are stored in underground tanks, and the following business operations may be carried out: (1) engine fuels, kerosene, motor oil, lubricants or grease for the operation of automobiles, and automotive "TBA" (tires/batteries/accessories) are retailed directly to the public on premises; (2) the above items and other "remove and replace" components are installed on or in vehicles as a retail service, in completely enclosed service bays; and (3) automotive preventive maintenance as prescribed by manufacturers is carried out as a retail service in completely enclosed service bays.
Health officer: The county health officer or his authorized representative; or the state health officer or his authorized representative.
Height: For the purpose of determining the height limits in the airport hazard areas, the datum shall be the mean sea level elevation unless otherwise specified.
Hotel: Every building or structure or enclosure, or any part thereof, kept, used as, maintained as, advertised as, intended for, or held out to the public as, a place where sleeping accommodations are furnished—whether with or without meals—and furnishing accommodations to transient guests, in contradistinction to a boarding, rooming, lodging or apartment house, shall for the purpose of this ordinance be deemed a hotel and provide the customary hotel services such as maid and linen service, telephone and secretarial or desk service.
Junk yard: An area of more than two hundred (200) square feet, that is not inside a completely enclosed building, whether or not operated as a business or associated with a business, where waste and other unserviceable materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled, including but not limited to machinery, appliances, vehicles, scrap metals, paper, rags, rubber good, glassware and wood products.
Landing area: The area of the airport used for the landing, takeoff or taxiing of aircraft.
Lot: A parcel of land occupied or capable of being occupied by one (1) or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this ordinance.
Lot width: The distance between the side boundaries of the lot measured at the front building line.
Major street plan: The plan for the street system of the City of Greenville as adopted by the planning commission as an element of the comprehensive plan. The terms "major thoroughfare," "major collector street," "minor collector street" and "minor street," when used in this ordinance refer to the classification of the city's street system found in the major street plan.
Mobile home: A detached single-family dwelling unit, whether on wheels or a foundation, with the following characteristics:
(a)
Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
(b)
Designed to be transported after fabrication on its own wheels, or on a flatbed or other trailers or detachable wheels; and
(c)
Arriving at the site where it is to be occupied as a complete dwelling ready for occupancy except for assembly operations, location on foundation supports, connection to utilities and the like.
Mobile home park: The term "mobile home park" shall mean any parcel of land within the City of Greenville on which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located.
Mobile home space: The term shall mean a parcel of land within a mobile home park designated for the accommodation of one (1) mobile home.
Mobile home stand: That part of an individual mobile home space which has been reserved for the placement of a mobile home.
Mobile home subdivision: A planned unit development, specifically designed for mobile home occupancy, in which individuals have interest in the development or hold title to mobile home lots through a cooperative or condominium arrangement.
Motel: Lodging primarily for transient guests traveling by automobile with parking spaces on the lot for each lodging unit and with access to each such unit directly from the outside or from an interior hallway having direct access to the outside. The term motel includes buildings designed as auto courts, tourist courts, motor lodges, and similar terms.
Nonconforming use: A building, structure or use of land existing at the time of enactment of this ordinance, and which does not conform to the regulations of the district in which it is located.
Nursing home: Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation.
Outdoor advertising sign: An attached or freestanding structure conveying some information, knowledge or idea to the public.
Patio-garden home, patio-garden home area: A patio-garden home is a single-family residential building having a minimum of one (1) side yard, which may be attached by a party wall to one (1) other similar single-family residential building, and which together with other patio-garden homes constructed under the same development plan shall constitute a patiogarden home area of similar and/or complementary design and construction.
Runway: The paved surface of an airport landing strip.
Side yard: An open, unoccupied space on the same lot with a principal building located between the side of the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
Special exception: A use, specifically designated as a special exception in this ordinance, that would not be appropriate for location generally or without restriction throughout a given zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would not in the opinion of the board of appeals [adjustment], be detrimental to public health, safety, welfare, order, comfort, convenience or community appearance.
Structure: Anything constructed or erected on the ground or attached to something located on the ground.
Townhouse, townhouse complex, townhouse area: A townhouse is a single-family residential building, attached by not more than two (2) party walls to a series of not less than four (4), nor more than twelve (12) similar single-family residential buildings, which together shall constitute a townhouse complex, and which alone, or together with other townhouse complexes constructed under the same development plan shall constitute a townhouse area of similar and/or complementary design and construction.
Travel trailer: A travel trailer, pickup camper, converted bus, tent-trailer, tent, or similar device used for temporary portable housing, or:
(a)
A portable structure not more than thirty (30) feet long or eight (8) feet wide which is equipped, designed, converted or used for temporary living quarter by one (1) or more individuals; or
(b)
A unit that is identified by the manufacture as a travel trailer.
Travel trailer park: The term "travel trailer park" shall mean any parcel of land within the City of Greenville designed, intended or designated for accommodation of travel trailers, which will be occupied for camping or for short-term housing.
Tree: Any object of natural growth.
Variance: A modification of the strict terms of this ordinance granted by the board of adjustment where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.
(Ord. No. 1983-2, 6-6-83; Ord. No. 1988-2, §§ 1, 2, 2-1-88; Ord. No. 1988-7, § 1, 6-6-88)
DEFINITION OF CERTAIN TERMS USED HEREIN
The purpose of this article is to clarify the meaning of certain words as they are used in this ordinance.
Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purpose of this ordinance, certain words or terms are to be interpreted as follows.
Words used in the present tense include the future tense.
Words used in the singular include the plural and words used in the plural include the singular.
Building includes the word "structure."
Lot includes the word "plot" or "parcel."
Map or zoning map means the "Zoning Map, City of Greenville, Alabama."
Person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
Shall is always mandatory.
Used or occupied, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
For the purpose of this ordinance, certain words are defined as follows:
Accessory use or building: A use of building customarily incidental and subordinate to the principal use of building and located on the same lot with such principal use or building.
Airport: The Greenville Municipal Airport.
Airport elevation: The established elevation of the highest point on the usable landing area.
Airport hazard: Any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport.
Automobile parts sales store: A retail establishment where the retail sale of automotive "TBA" and aftermarket parts is carried out, but no repair, maintenance, reconditioning or rebuilding activities are permitted.
Automobile repair garage: A retail establishment where sales and services permitted under Gas Service Stations may be offered, and where general automotive repair is carried out. General automotive repair shall include any combination of the following: rebuilding and reconditioning of automotive vehicles; rebuilding and replacement of automotive systems, including engine rebuilding and replacement; painting and undercoating of automotive vehicles; and collision repair of automotive vehicles.
Automobile sales center: A retail establishment where the retail sale and installation of automotive "TBA" is carried out, but not repair, maintenance, reconditioning, or rebuilding activities are permitted.
Boarding or rooming house: Any dwelling in which three (3) or more persons either individually or as families are housed for rent with or without meals.
Buffer strip: An evergreen buffer which shall consist of a greenbelt planted strip not less than ten (10) feet in width. Such a greenbelt shall be composed of one (1) row of evergreen trees, spaced not more than forty (40) feet apart and not less than two (2) rows of shrubs or hedge, spaced not more than five (5) feet apart and which grow to a height of five (5) feet or more after one (1) full growing season and will eventually grow to not less than ten (10) feet.
Building: Any structure which is permanently affixed to the land, and intended for shelter, housing or enclosure of persons, animals or property.
Business signs: An attached or freestanding structure on which is announced the business use of the premises and/or the name of the operator of the business.
Comprehensive plan: Any officially adopted part or element of the general comprehensive plan of the City or its environs. This may include but is not limited to: The land use plan, the major street plan, the community facilities plan, and the capital improvements program.
Condominium: A multiunit dwelling or group of multiunit dwellings, including townhouses, wherein each unit owner enjoys exclusive ownership of his individual dwelling unit and holds fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facilities and areas of the building(s) and grounds which are used by all unit owners.
Dwelling: A building designed or used for living quarters for one (1) or more families.
Dwelling unit: A dwelling or portion thereof arranged, designed or used as permanent living quarters for one (1) family.
Family: One (1) 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 (5) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
Flood: An overflow of water onto lands not normally covered by water and results in significant adverse effects in the vicinity.
Floodway: The natural channel and the portion of the floodplain along the channel which must be retained solely for the passage of floodwaters to prevent an undue increase in flood heights upstream.
Floodway fringe areas: Areas lying outside the floodway but within the area subject to flooding.
Front yard: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot.
Gas service station: A retail establishment where engine fuels for sale are stored in underground tanks, and the following business operations may be carried out: (1) engine fuels, kerosene, motor oil, lubricants or grease for the operation of automobiles, and automotive "TBA" (tires/batteries/accessories) are retailed directly to the public on premises; (2) the above items and other "remove and replace" components are installed on or in vehicles as a retail service, in completely enclosed service bays; and (3) automotive preventive maintenance as prescribed by manufacturers is carried out as a retail service in completely enclosed service bays.
Health officer: The county health officer or his authorized representative; or the state health officer or his authorized representative.
Height: For the purpose of determining the height limits in the airport hazard areas, the datum shall be the mean sea level elevation unless otherwise specified.
Hotel: Every building or structure or enclosure, or any part thereof, kept, used as, maintained as, advertised as, intended for, or held out to the public as, a place where sleeping accommodations are furnished—whether with or without meals—and furnishing accommodations to transient guests, in contradistinction to a boarding, rooming, lodging or apartment house, shall for the purpose of this ordinance be deemed a hotel and provide the customary hotel services such as maid and linen service, telephone and secretarial or desk service.
Junk yard: An area of more than two hundred (200) square feet, that is not inside a completely enclosed building, whether or not operated as a business or associated with a business, where waste and other unserviceable materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled, including but not limited to machinery, appliances, vehicles, scrap metals, paper, rags, rubber good, glassware and wood products.
Landing area: The area of the airport used for the landing, takeoff or taxiing of aircraft.
Lot: A parcel of land occupied or capable of being occupied by one (1) or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this ordinance.
Lot width: The distance between the side boundaries of the lot measured at the front building line.
Major street plan: The plan for the street system of the City of Greenville as adopted by the planning commission as an element of the comprehensive plan. The terms "major thoroughfare," "major collector street," "minor collector street" and "minor street," when used in this ordinance refer to the classification of the city's street system found in the major street plan.
Mobile home: A detached single-family dwelling unit, whether on wheels or a foundation, with the following characteristics:
(a)
Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
(b)
Designed to be transported after fabrication on its own wheels, or on a flatbed or other trailers or detachable wheels; and
(c)
Arriving at the site where it is to be occupied as a complete dwelling ready for occupancy except for assembly operations, location on foundation supports, connection to utilities and the like.
Mobile home park: The term "mobile home park" shall mean any parcel of land within the City of Greenville on which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located.
Mobile home space: The term shall mean a parcel of land within a mobile home park designated for the accommodation of one (1) mobile home.
Mobile home stand: That part of an individual mobile home space which has been reserved for the placement of a mobile home.
Mobile home subdivision: A planned unit development, specifically designed for mobile home occupancy, in which individuals have interest in the development or hold title to mobile home lots through a cooperative or condominium arrangement.
Motel: Lodging primarily for transient guests traveling by automobile with parking spaces on the lot for each lodging unit and with access to each such unit directly from the outside or from an interior hallway having direct access to the outside. The term motel includes buildings designed as auto courts, tourist courts, motor lodges, and similar terms.
Nonconforming use: A building, structure or use of land existing at the time of enactment of this ordinance, and which does not conform to the regulations of the district in which it is located.
Nursing home: Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation.
Outdoor advertising sign: An attached or freestanding structure conveying some information, knowledge or idea to the public.
Patio-garden home, patio-garden home area: A patio-garden home is a single-family residential building having a minimum of one (1) side yard, which may be attached by a party wall to one (1) other similar single-family residential building, and which together with other patio-garden homes constructed under the same development plan shall constitute a patiogarden home area of similar and/or complementary design and construction.
Runway: The paved surface of an airport landing strip.
Side yard: An open, unoccupied space on the same lot with a principal building located between the side of the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
Special exception: A use, specifically designated as a special exception in this ordinance, that would not be appropriate for location generally or without restriction throughout a given zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would not in the opinion of the board of appeals [adjustment], be detrimental to public health, safety, welfare, order, comfort, convenience or community appearance.
Structure: Anything constructed or erected on the ground or attached to something located on the ground.
Townhouse, townhouse complex, townhouse area: A townhouse is a single-family residential building, attached by not more than two (2) party walls to a series of not less than four (4), nor more than twelve (12) similar single-family residential buildings, which together shall constitute a townhouse complex, and which alone, or together with other townhouse complexes constructed under the same development plan shall constitute a townhouse area of similar and/or complementary design and construction.
Travel trailer: A travel trailer, pickup camper, converted bus, tent-trailer, tent, or similar device used for temporary portable housing, or:
(a)
A portable structure not more than thirty (30) feet long or eight (8) feet wide which is equipped, designed, converted or used for temporary living quarter by one (1) or more individuals; or
(b)
A unit that is identified by the manufacture as a travel trailer.
Travel trailer park: The term "travel trailer park" shall mean any parcel of land within the City of Greenville designed, intended or designated for accommodation of travel trailers, which will be occupied for camping or for short-term housing.
Tree: Any object of natural growth.
Variance: A modification of the strict terms of this ordinance granted by the board of adjustment where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.
(Ord. No. 1983-2, 6-6-83; Ord. No. 1988-2, §§ 1, 2, 2-1-88; Ord. No. 1988-7, § 1, 6-6-88)