It is the intent of the R-A Residential-Agricultural District to provide areas for low-density residential development where continuation of certain farms uses, which are compatible with this type of development, are permitted.

In the R-A Residential-Agricultural District, the following uses are permitted:

501.1 Any use permitted in the R-1 Residential District.

501.2 Agricultural.

501.3 Animal hospitals and veterinary clinics, including kennels.

501.4 Cemeteries, provided that the application procedures conform with the provisions set forth in the Code of Alabama 1975 Section 22-20-4, and the Code of Alabama 1975 Section 11-47-40, and further provided that satisfactory evidence of adequate perpetual care shall be furnished the city council.

501.5 Open land recreation, such as a boating and fishing establishment, a swimming area or beach, or a riding stable, and the structures incidental thereto.

501.6 Roadside stands for farm produce grown on the premises.

(Ord. No. 1993-16, 12-20-93)

The R-1 Residential District is composed chiefly of existing low-density residential areas of the city, and vacant or open areas where similar residential development appears likely to occur. The regulations for this district are designed to protect existing residential development and to encourage similar and complementary residential development, together with associated recreational, religious and educational facilities.

In the R-1 Residential District, the following uses are permitted:

502.1 One-family dwellings.

502.2 Agricultural, except commercial dairy operations, livestock feeding yards, and poultry feeding operations.

502.3 Church bulletin boards not exceeding twenty (20) square feet in area.

502.4 Churches, and hospitals or clinics for treatment of human ailments provided that:

(a)

There is a planted buffer strip of at least ten (10) feet wide along the property line, except the front; and

(b)

The buildings are located not less than thirty-five (35) feet from any property line.

502.5 Customary accessory buildings, including private garages and noncommercial greenhouses and workshops, provided they are located in the rear yard and not closer than five (5) feet from any lot line.

502.6 Customary incidental home occupations including the professional office of an architect, artist, dentist, engineer, lawyer, physician, barber, beauty and tailor shops, or the accommodation of not more than two (2) boarders or roomers provided that there is no external evidence of such occupation except an announcement sign not more than two (2) square feet in area and that the operations are conducted within a dwelling by not more than one (1) person in addition to those persons resident therein.

502.7 Municipal, county, state or federal buildings or land uses.

502.8 Nursery schools or kindergartens provided that:

(a)

There is at least one hundred seventy-five (175) square feet of outdoor play area for each child; and

(b)

The play area is enclosed by a fence at least five (5) feet high that will contain children.

502.9 Nursery schools, kindergartens and day-care centers provided that the size of the play area and the fencing around the play area conform to standards established by the Alabama Department of Pensions and Security.

502.10 Public and private schools offering general education courses, provided that:

(a)

The buildings are placed not less than fifty (50) feet from any property line;

(b)

There is a planted buffer strip at least ten (10) feet wide along any property line abutting residential property.

502.11 Signs not more than six (6) square feet in area advertising the sale or rental of the property on which they are located.

502.12 Substations, such as electric, telephone or gas, if essential for service to the zoning district in which it is proposed they be located, provided that:

(a)

The structures are placed not less than fifty (50) feet from any property line;

(b)

The structures are enclosed by a woven-wire fence at least eight (8) feet high;

(c)

No vehicles or equipment are stored on the premises; and

(d)

The lot is suitably landscaped, including a planted buffer strip at least ten (10) feet wide along the side and rear property lines.

State Law reference— Powers and duties of state department of pensions and security, Code of Ala. 1975, § 38-2-6; child care, Code of Ala. 1975, § 38-7-1 et seq.

It is the intent of the R-2 Residential District to provide suitable areas for the development of medium-density residential housing and complementary uses under environmental conditions similar to the R-1 District and to facilitate greater convenience and economy in the use of urban facilities.

In the R-2 Residential District the following uses are permitted:

503.1 Any use permitted in the R-1 Residential District.

503.2 Two-family dwellings.

503.3 Adult congregate living centers. (Ord. No. 84-8, § 1, 7-16-84)

503.4 Townhouses, subject to the "General provisions" contained in section 506.

(Ord. No. 1986-10, 12-15-86)

It is the intent of the R-3 Residential District to provide suitable areas for controlled development of apartments and similar types of higher density residential housing.

In the R-3 Residential District the following uses are permitted:

504.1 Any use permitted in the R-2 Residential District.

504.2 Multifamily dwellings.

504.3 Boarding and rooming houses.

504.4 Dormitories.

504.5 Fraternity and sorority houses.

504.6 [Repealed by Ord. No. 1986-7, 6-2-86]

504.7 Nursing homes.

It is the intent of the R-4 Residential District to provide suitable areas for all types of higher density residential development.

In the R-4 Residential District the following uses are permitted:

505.1 Any use permitted in the R-3 Residential District.

505.2 [Repealed by Ord. No. 1999-3, 3-23-99]

505.3 Mobile home parks, not including the sale or service of mobile homes.

505.4 Mobile home subdivisions.

It is the intent of this ordinance that townhouses and patio-garden homes, in areas where they are or may be permitted, shall be intermingled appropriately with other types of development; shall constitute groupings resulting in efficient, economical, comfortable and convenient use of land and open space; and shall benefit the general public through zoning by means alternative to conventional arrangements of yards and building areas. In line with these general considerations, the following planning and design criteria are established.

In the R-TH Townhouse/Patio-Garden Home District, the following uses are permitted:

506.1 Townhouses.

506.2 Condominiums.

506.3 Patio-garden homes.

506.4 Church bulletin boards, not exceeding twenty (20) square feet in area.

506.5 Municipal, county, state or federal buildings or land uses.

506.6 Signs not more than six (6) square feet in area, advertising the sale of the property on which they are located.

506.7 Temporary buildings or structures for construction purposes.

506.8 Accessory uses incidental to principal uses permitted in the R-TH district.

General provisions.

1.

Townhouse Design Criteria.

a.

Townhouse complexes shall not form long unbroken lines of row housing.

b.

A townhouse complex shall contain no less than four (4), and no more than twelve (12) townhouses, which shall be contiguous.

c.

Not more than six (6) contiguous townhouses shall be built in a row with the same front line. In a group of townhouses consisting of more than six (6) units, the required difference in front line shall be a minimum of three (3) feet.

d.

Minimum width for the portion of the lot on which [is situated] a townhouse unit shall be twenty (20) feet.

e.

No portion of a townhouse complex or accessory structure in or related to one townhouse complex shall be closer than thirty (30) feet to any tract of land adjacent to the townhouse area which is not under same ownership and zoned for patio-garden home or townhouse development.

f.

Townhouse complexes and accessory structures in or related to townhouse complexes shall be located such that public safety equipment has clear (fifteen-foot minimum width) access to the rear of each townhouse unit.

g.

Minimum lot area or each townhouse unit shall be two thousand (2,000) square feet.

h.

Each townhouse shall be constructed on its own lot. Townhouses constructed in condominium developments may be exempted from this provision by the planning commission.

i.

Side yards apply only to end townhouse units, or a townhouse complex, in which case the minimum setback shall be fifteen (15) feet.

j.

Minimum depth of front yards for townhouses shall be thirty-five (35) feet where they front on the street bordering the townhouse area. Minimum depth of front yards for townhouses that front on a street developed within the townhouse area shall be twenty (20) feet.

k.

Each townhouse shall have on its own lot, one (1) yard containing not less than four hundred (400) square feet, reasonably secluded from view from streets or neighboring property. In condominium townhouse developments not subdivided into individual lots, one yard containing not less than four hundred (400) square feet, reasonably secluded from view from streets or neighboring property, shall be provided contiguously to, and for the private use of the occupants of each dwelling unit.

l.

Off-street parking shall be provided at the rate of two (2) spaces per townhouse. No off-street parking space shall be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it is intended to serve.

m.

In townhouse developments with a total area greater than five (5) acres, at least twenty (20) percent of the total development area shall be devoted to common open space, exclusive of parking areas and accessory buildings. Such common areas may include recreational facilities. Provisions satisfactory to the city council and approved by the city attorney shall be made to assure that common open areas for the use and enjoyment of occupants of townhouses shall be maintained in a satisfactory manner without expense to the general taxpayer. In addition, the developer of a townhouse complex/area, or a homeowners association created by the developer, by recorded covenants and restriction, shall reserve for the owners and occupants of the development such lands set aside for open area, parks or recreational use, and the common off-street parking spaces established for the development.

n.

The maximum height for townhouses shall be thirty-five (35) feet.

o.

Firewalls will be placed between each unit and will be a nonload bearing wall, according to the Southern Standard Building Code.

2.

Patio-Garden Homes Design Criteria.

a.

A patio-garden home area shall contain no less than four (4) dwelling units of similar or complementary design and construction.

b.

Minimum width for the portion of the lot on which [is situated] a patio-garden home shall be thirty-five (35) feet.

c.

No portion of a patio-garden home development, or accessory structure in or related to a patio-garden home development, shall be closer than thirty (30) feet to any tract of land adjacent to the patio-garden home area, which is not under same ownership and zoned for patio-garden home or townhouse development.

d.

Minimum lot area for each patio-garden unit shall be three thousand five hundred (3,500) square feet.

e.

Each patio-garden home shall be constructed on its own lot.

f.

Each patio-garden home shall have one (1) side yard with a minimum width of eight (8) feet from the building line to the lot line. Side yards may be averaged, but at least one shall have a minimum width of six (6) feet. Fireplaces and chimneys may be placed in the side yard setback, provided they do not project beyond the thirty-inch permitted roof overhang defined at m., below, and provided they do not restrict or obstruct any drainage or drainage easement, either existing or as proposed in the development plan.

g.

The required eight-foot side yard must be kept perpetually free of permanent obstructions, accessory structures, and walls and fences without gates.

h.

Minimum depth of front yards for patio-garden homes shall be thirty-five (35) feet where they front on a street bordering the patio-garden home area. Minimum depth of front yards for patio-garden homes that front on a street within the patio-garden home area shall be twenty (20) feet. Fireplaces and chimneys may be placed in the front yard setback, provided they do not project beyond the thirty-inch permitted roof overhang defined at m., below, and provided they do not restrict or obstruct any drainage or drainage easement, either existing or as proposed in the development plan.

i.

Minimum depth of rear yards for patio-garden homes shall be fifteen (15) feet. Fireplaces and chimneys may be placed in the rear yard setback, provided they do not project beyond the thirty-inch permitted roof overhang defined at m., below, and provided they do not restrict or obstruct any drainage or drainage easement, either existing or as proposed in the development plan. Patio-garden homes and accessory structures shall be located such that public safety equipment has clear (fifteen-foot minimum width) access to the rear of each patiogarden home.

j.

Privacy fences or walls may be placed on or along any lot lines, provided that such fences or walls are not constructed in such a manner as to block any local lot drainage and provided gates or other openings are provided that will not restrict access for police and fire protection. An eight-foot maximum height limit will be permitted for privacy fences or walls located on or along any required side or rear yard, except that when a patio-garden home fronts on a street bordering the patio-garden home area, such walls and fences placed in front of the building line shall conform to any and all city ordinances and regulations applicable to fences and walls in residential areas.

k.

Each patio-garden home shall have on its own lot, one (1) yard containing not less than five hundred twenty-five (525) square feet, reasonably secluded from view from streets or neighboring property.

l.

Off-street parking shall be provided at the rate of two (2) spaces per patio-garden home, and shall be located within the interior of the lot. Garages shall not be credited towards this parking requirement, if said garage is a part of the main dwelling unit, or shares a wall in common with the main dwelling unit.

m.

The exterior walls of the patio-garden home, or any accessory structures located on the zero-foot side yard setback, shall not project over the property line. Roof overhang may penetrate the maintenance and drainage easement of the adjacent lot to a maximum of thirty (30) inches, provided the roof shall be so designed that water runoff shall be restricted to the drainage easement area.

n.

No windows, doors or other openings shall be permitted on the zero-foot setback side of any patio-garden home.

o.

Where adjacent zero-foot setback dwellings are not connected by a party wall, a perpetual wall maintenance easement of three (3) feet in width, shall be provided along and parallel to each adjacent lot.

p.

Where adjacent zero-foot setback dwellings are not connected by a party wall, a perpetual drainage easement of adequate capacity shall be provided. Fences and walls may be placed on or along this easement, provided gates or other openings that will not block drainage are maintained. A hold harmless agreement shall be required.

q.

Any lot adjacent to a zero (0) setback side yard must be under the same ownership at the time the development plan is submitted, so as to ensure that a developer does not infringe on the property rights of adjacent traces, provided the adjacent property is not under same ownership and zoned for patio-garden homes or townhouses.

r.

No accessory structures shall be erected in a required front yard, side yard, yard fronting a public street, or open space.

s.

Accessory structures shall be permitted in the rear yard. Accessory structures placed in the rear yard, except for unattached garages and carports, shall not exceed one and one-half (1½) stories in height; nor shall accessory structures cover more than twenty-five (25) percent of the required yard; nor shall any accessory structure be placed less than five (5) feet from any other roofed structure, either on the same lot or on an adjacent lot.

t.

Accessory structures shall be permitted a zero (0) setback from lot lines to the rear of the building line, consistent with s., above. Except for unattached garages and carports, a fence or wall shielding such structures from view from adjacent property shall be placed between said accessory structures and the lot line. Accessory structures not shielded by such a fence or wall shall conform to the setback restrictions specified for residential districts elsewhere in this ordinance.

u.

Unattached garages and carports shall be permitted in addition to the twenty-five (25) percent coverage for accessory structures. Garages and carports so exempted shall not exceed six hundred (600) square feet in area. Garages and carports shall not be placed in any required front, side or street yard, or open space; shall not exceed one and one-half (1½) stories in height; and consistent with s., above, shall be permitted a zero (0) setback from the lot lines to the rear of the building line.

v.

The maximum height for a patio-garden home shall be thirty-five (35) feet.

w.

Firewalls will be placed between each unit attached to another unit, and will be a nonload-bearing wall, according to the Southern Standard Building Code.

(Ord. No. 1988-2, § 5, 2-1-88)

Editor's note— Section 4 of Ord. No. 1988-2, adopted Feb. 1, 1988, repealed former § 506, R-TH residential townhouses district, which derived from Ord. No. 1983-2, adopted June 6, 1983. Section 5 of Ord. No. 1988-2 added a new § 506 to read as herein set out.