This ordinance shall be known as the "Zoning Ordinance of Hartselle, Alabama," and the map herein referred to, identified by the title "Zoning Map of Hartselle", shall be further identified by the signature of the mayor of Hartselle, and attested by the city clerk. The Zoning Map of Hartselle and all explanatory matter thereon are hereby adopted and made a part of this ordinance. Such map shall be filed in the office of the city clerk and shall show thereon the date of adoption of this ordinance.

For the purpose of this ordinance the City of Hartselle is hereby divided into districts designated as follows:

(Ord. No. 534, § 1, 4-28-1970; Ord. No. 716, § 2, 2-24-1987; Ord. No. 969, § 3(22.1(a)), 1-27-1998; Ord. No. 1490, § 1, 1-22-2019)

Editor's note— Ord. No. 994, § II, amended the zoning ordinance pertaining to the AG-1 agricultural district. The editor listed said district in § 12 to bring the district designation up to date.

The boundaries of the above districts are hereby established as shown on the zoning map of the City of Hartselle. Unless otherwise shown on said zoning map, the boundaries of districts are lot lines, the centerlines of streets or alleys or such lines extended, railroad right-of-way lines, or the corporate limit lines as they existed at the time of enactment of this ordinance. Questions concerning the exact location of district boundary lines shall be decided by the board of adjustment, constituted as provided in section 51 hereof.

In each district no other use other than the types specified as "permitted" or "permitted on appeal" shall be allowed (see article 2). Uses specified as "permitted" shall be permitted upon application to the building inspector. Uses specified as "permitted on appeal" are exceptions; and no permit shall be issued for such uses except with the written approval of the board of adjustment, and subject to such conditions as said board may require to preserve and protect the character of the district.

Any use or structure existing at the time of enactment or of subsequent amendment to this ordinance, but not in conformity with its provisions, may be continued with the following limitations. Any use or structure which does not conform to the provisions of this ordinance shall not be:

(a)

Changed to another nonconforming use.

(b)

Reestablished after discontinuance for one year.

(c)

Extended except in conformity to this ordinance.

(d)

Rebuilt after fire or damage exceeding its full value above the foundation for tax purposes.

Notwithstanding the language of section 14, the following shall be removed from premises where prohibited within six months of the effective date of the adoption or amendment of the applicable section unless an appeal is pending. In the event of such appeal, such prohibited item(s) may be continued during the process of such appeal, and shall be eliminated based on the result of such appeal.

(a)

Nonconforming receptacles for unstaffed donation collection as defined in section 39.18.2.

(b)

Shipping containers not permitted in accordance with section 38.

(Ord. No. 1460, § 12, 4-11-2017; Ord. No. 1516, § 3, 1-14-2020)

In each district each structure hereafter erected or altered shall be provided with the yards specified, and shall be on a lot of the area and width specified in article 2. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure.

Exceptions to the district requirements for building lots and yards follow:

(a)

Where the owner of a lot of official record at the time of adoption of this ordinance does not own sufficient adjacent land to enable him to conform to the yard and other requirements of this chapter, one building and its accessory structures may be built provided the yard space and other requirements conform as closely as possible, in the opinion of the board of adjustment, to the requirements of the district in which it is located; and further provided that neither side yard shall be reduced to less than five feet in width.

(b)

No building need be set back more than the average of the setbacks of the existing residences within 100 feet each side thereof, but in no case shall it be less than 20 feet for residential lots.

(c)

Lot width regulations herein shall not apply to lots intended solely for communication tower construction, provided that the site and any subdivision required to create the lot conform to all other applicable codes, ordinances, and regulations, and further provided that proof of easement access to the lot in conformity with all applicable subdivision regulations and city ordinances is provided to the city at the time of site and/or subdivision submittal.

(Ord. No. 1428, § 11, 12-9-2018)

In each district each structure hereafter erected or altered shall not exceed the heights specified in the district requirements, article 2.

Height limitations shall not apply to church steeples, hospitals, sanitariums, barns, silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers, and aerials, cooling towers, water tanks; and industrial structures when required by manufacturing process but not to exceed 25 percent of the area of the lot.

At no time shall this section be construed to apply to or replace the requirements of article 2, section 22.1 Central Business District of the zoning ordinance.

The following are minimum requirements for parking within the City of Hartselle. "Square feet" is identified as the total square footage of the building unless otherwise specified.

All parking spaces and travel lanes shall be paved.

The minimum parking space size shall be nine feet wide by 18 feet deep.

The minimum width for single direction aisles shall be 11 feet.

The minimum width for two-direction aisles shall be 24 feet.

Ninety-degree parking shall have a backing area at the end of the aisle at a minimum of 20 feet by 20 feet.

Angle parking shall not be located on a dead-end single direction aisle.

The following are paint color criteria:

(a)

Customer parking, white paint.

(b)

No parking, yellow paint.

(c)

Handicapped parking, blue paint.

(d)

Fire lane, red paint.

AGRICULTURE, MINING, QUARRYING:

One space per two employees of maximum shift.

AIRPORT:

One space per 100 square feet of waiting room.

ANIMAL CARE/CLINIC/SHELTER:

One space per 300 square feet.

ART GALLERY:

Four spaces per 1,000 square feet.

ASSISTED LIVING FACILITY:

One space per four beds plus one space per employee.

ASYLUM/SANITARIUM:

One space per two beds.

AUCTION HOUSE:

One space per four seats.

AUDITORIUM, CHURCH, STADIUM, PLACE OF PUBLIC ASSEMBLY:

Church: One space per six seats.

Auditorium/Stadium: One per 2.5 seats plus one per employee of largest shift.

Where seating is not a measure of capacity, one space per 200 sq. ft.

AUTO WASH—SELF SERVICE:

Three stack-up spaces per washer bay.

AUTO WASH—CONVEYOR TYPE:

Five spaces per bay.

AUTOMOBILE/TRUCK REPAIR:

Two spaces per service stall or one space per 250 square feet of service area, whichever is greater; plus two spaces per three employees.

AUTOMOBILE SALES: NEW/USED:

Five spaces plus one space per 200 square feet.

AUTOMOBILE SERVICE:

One space per 500 square feet plus one space per business vehicle and two spaces per grease rack or indoor service stall.

BANK, DRIVE-IN:

Space to accommodate autos equal to five times the number of teller windows.

BANK, BUSINESS OFFICE:

One space per 300 square feet, plus one space per three employees.

BARBER SHOP/BEAUTY PARLOR:

Two spaces per barber or three spaces per beautician.

BED & BREAKFAST:

One space per room plus two spaces per permanent residence.

BILLIARD HALL:

One space per ten persons of design capacity.

BOARDINGHOUSE/ROOMINGHOUSE:

One space per sleeping room plus one space per non-resident owner or employee.

BOWLING ALLEY:

Four spaces per lane plus one space per employee of the largest shift.

BUS/TRAIN TERMINAL:

One space per 200 square feet of waiting room space.

CARPET, RUG, LINOLEUM, FLOOR COVERING SALES:

One space per 500 square feet plus one space per business vehicle.

CARTAGE/EXPRESS/PARCEL DELIVERY:

One space per two employees on largest shift plus one space per company auto.

CLUBS/LODGES/COUNTRY CLUBS:

One space per 400 square feet plus: One-fifth spaces per hole for golf courses, two spaces per tennis court, one space per 100 square feet of surface for swimming pool.

COIN OPERATED LAUNDRY/DRY CLEANING:

One space per two washing machines.

COMMUNITY CENTER:

Four spaces per 1,000 square feet.

CONSTRUCTION SALES & SERVICE:

One space per 1,000 square feet.

CONTRACTOR'S YARD:

One space per 200 square feet plus one space per employee.

CONVENIENCE MARKET/CENTER:

2.71 spaces per 1,000 square feet.

CONVENIENCE SALES & SERVICE:

One space per 150 square feet.

DANCE HALL:

One space per 100 square feet plus one space per employee.

DAY CARE CENTER:

One space per employee plus one space per eight pupils.

DISCOUNT STORE:

One space per 400 square feet plus one space per business vehicle.

DWELLING, SINGLE-FAMILY:

1—2 bedrooms: Two spaces;

3—5 bedrooms: Four spaces;

6+ bedrooms: One space per bedroom.

For the purposes of this requirement, a "space" shall be considered any covered or uncovered all-weather surface (concrete, asphalt, or pavers) being at least eight feet × 16 feet in area, located entirely outside of the public right-of-way, and assessable from the street by a vehicle for use as off-street parking. A "bedroom" shall be considered any room indicated as such on the permitted house plan, as well as any study, office, bonus, or similar room being at least 100 square feet in size, having one or more exterior windows, and including a space that in the opinion of the building official, lends itself to potential use as bedroom closet.

i.

No required space shall be oriented in such a way that would require parallel orientation of the vehicle to the street.

ii.

A minimum of two required spaces shall be located as necessary to ensure that they will not be blocked from the street by a vehicle parked in any other space.

DWELLING, MULTIFAMILY: Two spaces per dwelling unit.

ELDERLY HOUSING/GROUP HOUSING:

One space per four beds plus two space per employee.

EMPLOYMENT AGENCY:

Five spaces per 1,000 square feet.

FIRE/POLICE STATION:

One space per employee and one space per three volunteer personnel on a normal shift. If a business office is included, one space per 200 square feet.

FUNERAL HOME:

One space per 100 square feet.

FURNITURE/MAJOR APPLIANCE:

One space per 400 square feet.

GASOLINE SERVICE STATION:

One space per employee plus: two spaces per service bay or one space per three fuel pumps, whichever is greater.

GYMNASIUM:

One space per three persons of maximum occupancy load plus one space per employee. In those instances when memberships are provided for, not less than one space per three memberships shall be provided plus one space per employee.

HARDWARE STORE:

One space per 400 square feet.

HEADQUARTERS, CORPORATE:

2.5 spaces per 1,000 square feet.

HOME IMPROVEMENT STORE:

2.85 spaces per 1,000 square feet.

HOSPITAL:

One space per four beds plus one space per two staff and visiting doctors.

HOTEL:

One space per guest unit and one space per 200 square feet of public meeting rooms and restaurants.

JUNK YARD/SALVAGE YARD:

One space per employee plus one space per 10,000 square feet of storage area.

LANDFILL:

One space per two employees of maximum shift.

LAUNDRY/DRY CLEANING COLLECTION STATION:

One space per 400 square feet.

LIBRARY/MUSEUM:

One space per 400 square feet.

LUMBER YARD:

One space per 500 square feet.

MANUFACTURING/INDUSTRIAL USE:

One space per two employees of largest shift plus space for all vehicles associated with use.

MAUSOLEUM:

Parking area equal to ground floor area.

MEDICAL/DENTAL CLINIC or COMPLEX:

Three spaces per doctor plus one space per employee.

MOTEL/TOURIST COURT:

One space per guest unit and one space per 200 square feet or public meeting rooms and restaurant.

MUNICIPAL BUILDING:

One space per employee plus one space per four patrons at capacity plus spaces equal to municipal vehicles located on site.

NURSERY, PLANT:

One space per two acres of land within the lot where the use is located or five spaces, plus one space per business vehicle.

NURSING HOME:

One space per five beds plus one space per employee.

OFFICE UNIT (more than one office in a building):

One space per 250 square feet.

OFFICE (single):

One space per 300 square feet.

PARK:

One space per three users at maximum utilization.

PERFORMING ARTS CENTER/THEATER:

One space per three patrons at capacity.

PHOTOGRAPHY STUDIO:

Five spaces per 1,000 square feet.

PLUMBING/HEATING SUPPLY:

One space per 1,000 square feet plus one space per employee and one space per company vehicle.

POST OFFICE:

Four spaces per 1,000 square feet.

RADIO/TV STATION:

One space per two employees.

RECREATION/AMUSEMENT/COMMUNITY BUILDING:

One space per three patrons based on design capacity.

RESTAURANT:

One space per employee, plus eight spaces per 1,000 square feet or one space per three seats, whichever is greater. For the purpose of this requirement, a "restaurant" is any food service establishment not otherwise classified as a fast-food restaurant herein.

RESTAURANT, FAST-FOOD:

One space per 60 square feet with a minimum of four spaces. For the purpose of this requirement, a "fast-food restaurant" is any food service establishment having one or more dining tables (whether indoor or outdoor) and one or more vehicle drive-thru lanes for ordering and/or pick-up.

RETAIL, OUTDOOR:

One space per 1,000 square feet used for display purposes.

RETAIL/PERSONAL SERVICE (except as otherwise specified herein):

One space per 200 square feet.

SCHOOL, DANCE:

One space per 200 square feet.

SCHOOL:

Pre-K, Kindergarten: Two spaces per three teachers/employees plus one space per eight pupils.

Elementary/Junior High: One space per classroom plus one space per 100 students at capacity.

High School: Two spaces per three teachers/employees plus one space per five students at capacity.

SELF-SERVICE STORAGE FACILITY:

One space per 100 individual storage spaces, two spaces per manager and one space per additional employee, with a minimum of three spaces.

SHOPPING CENTER:

Five spaces per 1,000 square feet within the principal building, excluding theaters, restaurants, banks and auto service stations which shall comply with the parking requirements for their particular use.

SKATING RINK:

One space per 200 square feet.

STABLES:

One space per horse at design capacity.

STADIUM/SPORTS ARENA:

Ten spaces per acre of land plus one space per four spectator seats.

SUPERMARKET/GROCERY STORE:

One space per 300 square feet.

SWIMMING POOL:

One space per 30 square feet of water area.

TRANSPORT AND WAREHOUSING:

One space per 1,000 square feet or one space per employee, whichever is greater.

UNDERTAKING SERVICE:

One space per 100 square feet or with a chapel, one space per four seats.

WHOLESALE ESTABLISHMENT/BUSINESS SERVICE:

One space per 50 square feet of customer service area plus two spaces per three employees at capacity of the largest shift.

ZOO/PUBLIC ANIMAL CENTER:

One space per 2,000 square feet of land area.

OTHER BUSINESS BUILDING OR USE NOT SPECIFICALLY IDENTIFIED:

One square feet of parking space per one square feet of building.

(Ord. No. 1034, § 7, 8-24-1999; Ord. No. 1365, § 2, 3-26-2012; Ord. No. 1512, §§ 3—5, 1-14-2020; Ord. No. 1572, § 1, 7-12-2022; Ord. No. 1585, §§ 13, 14, 4-11-2023)

In each business and industrial district each structure hereafter erected or altered shall be provided with off-street loading and unloading facilities as specified in the district schedule, article 2.

On an "R" zoned lot, including the "RP" zone, no more than one main structure will be permitted. Accessory allowed in these zones are not permitted in the absence of a main structure except on tracts being at least five acres in size, in which case no more than one accessory structure will be permitted in the absence of a main structure. In no case shall the combined footprint size of all accessory structures exceed the footprint size of the main structure if existing. Accessory structures shall not include living quarters, except for protective shelters intended to provide essential temporary living quarters in times of danger or emergency.

(Ord. No. 1373, § 1, 3-26-2012; Ord. No. 1542, § 2, 8-11-2021)

(a)

Purpose. The purpose of this section is to establish guidelines for the establishment and operation of home day care facilities in the City of Hartselle. It is intended that the operation of these activities be compatible with the integrity of the surrounding area by not creating adverse impacts such as additional traffic, or noise.

(b)

Goals. The goals of this section are:

(1)

To maintain the integrity of Hartselle residential neighborhoods.

(2)

To have strict and enforceable criteria for the establishment and operation of home day care facilities in residential neighborhoods in the City of Hartselle.

(c)

Definitions. Whenever used in this chapter, the definitions set forth in Code of Ala. 1975, tit. 38, ch. 7, are hereby adopted by reference, and made a part hereof as if fully set forth herein.

(d)

Usage. For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.

(1)

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense.

(2)

Words used in the plural number include the singular.

(3)

The word "herein" means "in these regulations".

(4)

The word "regulations" or "these regulations" mean "Appendix A of the Code of the City of Hartselle, Alabama".

(5)

The word "person" includes a corporation, a partnership, an incorporated association of persons such as a club, or any other legal entity.

(6)

The word "shall" is always mandatory.

(7)

The word "may" is discretionary.

(8)

The words "building" or "structure" includes any part thereof.

(9)

The words "used" or "occupied" as applied to any land or building shall be construed to include the word "intended, arranged, or designed to be used or occupied".

(e)

Terms defined.

(1)

Home day care facilities: A child care facility which is primarily a family home and which receives children for care. Such facility shall be licensed by the State of Alabama.

a.

Day care home: A home day care facility which receives not more that six children for care during the day (not after 7:00 p.m.).

b.

Nighttime home: A home day care facility which receives not more than six children for care 24 hours a day.

c.

Group day care home: A home daycare facility which receives seven to 12 children for care during the day (not after 7:00 p.m.).

d.

Group nighttime home: A home daycare facility which receives seven to 12 children for care 24 hours a day.

(f)

Applicability.

(1)

In all "R" (Residential) zoning districts, as well as in "R" areas within a PUD zoned development as shown on the approved development master plan, day care homes between the hours of 6:00 a.m. and 7:00 p.m. may be permitted by the board of zoning adjustment as a use permitted on appeal, provided all other requirements of this section are met.

(2)

In AG-1 (Agricultural) zoning districts, day care homes and nighttime homes may be permitted by the board of zoning adjustment as a use permitted on appeal, provided all other requirements of this section are met.

(3)

In single-family detached residences located within "B" (Business) zoning districts, day care homes between the hours of 6:00 a.m. and 7:00 p.m. are permitted without variance by the board of zoning adjustment, provided all other requirements of this section are met.

(4)

Home day care facilities shall be prohibited in all other zoning districts and in all other arrangements not specifically permitted above.

(g)

Requirements applicable to all home day care facilities.

(1)

All home day care facilities for children shall be located in a single-family detached dwelling occupying a lot of not less than 7,000 square feet in area. Under no circumstances shall a home day care facility be permitted in any structure occupying a lot of less than 7,000 square feet in area, regardless of zoning designation.

(2)

Under no circumstances shall a home day care facility be permitted in a multifamily structure or semi-attached (townhouse) structure, regardless of zoning designation.

(3)

Group day care homes and group nighttime homes are prohibited in all zones.

(4)

All home day care facilities shall conform to all standards and regulations for a Home Occupation as defined in section 39.23 of the Hartselle Zoning Ordinance.

(5)

No structural or decorative alterations shall be made or permitted that will alter the single-family character of an existing residential structure or be incompatible with surrounding residences.

(6)

When exterior alterations or additions are made, lot size, setbacks, and all other aspects of the premises must conform to those applicable to the zoning district.

(7)

All state, county, and city licensing requirements shall be met including those pertaining to building, fire, safety, and health codes.

(8)

Any special exceptions or modifications obtained shall be nontransferable without prior approval of the board of zoning adjustment.

(9)

Play area and play ground equipment is restricted to the rear yard only.

(10)

Outdoor play areas shall be a minimum of 600 square feet in size and shall be enclosed with not less than a four-foot high solid-panel privacy fence or wall with locking gate.

(11)

Off-street all-weather driveway surface shall be available as required to accommodate parking of at least four cars, each being 15 feet in length.

(12)

Prior to operation of a home day care facility for children, a copy of the state license certifying that the department of human resources has granted approval of such facility shall be presented to the department of development and be placed on file. Therefore, any home day care facility permitted or permitted on appeal shall be only given conditional approval by the board of zoning adjustment until this requirement is met.

(h)

Required permits and approvals.

(1)

Use permitted on appeal: The granting of a use permitted on appeal to operate a home day care facility may be accomplished by submitting an application to the Hartselle City Planner on forms provided by him/her and providing such information as may be necessary for a determination that the request complies in all respects to the terms of this section.

a.

Public hearing by the board of zoning adjustment: A use permitted on appeal to operate a home day care facility may be granted by the board of zoning adjustment after holding a public hearing during the regular or special called board of zoning adjustment meeting. The board may approve, approve on condition or deny the request after the public hearing and their determination that the home day care facility conforms to this article.

(i)

Termination of previously granted permits and approvals.

(1)

Any grant of a certificate of approval for a home day care facility shall be deemed a privilege and requires the continual compliance with all rules, regulations and conditions applied to the permit or approval. At any time after the granting of same, the board may set a public hearing to revoke a previously granted permit or approval, upon being presented with evidence of potential violation of the previously granted permit or approval. The grantee of such certificate of approval shall have not less than 30 days notice of such public hearing.

(2)

No entity receiving a certificate of approval for a home day care facility shall receive thereby any property right or other interest by such approval or permit.

(3)

Should a previously granted certificate of approval be revoked, the certificate holder shall be allowed 90 days to close the home day care facility.

(j)

Severability. The requirements and provisions of this article are severable. Should any section or part thereof be declared by any court of competent jurisdiction to be unconstitutional or invalid, the decision of the court shall not affect the validity of this article as a whole nor any section of part thereof other than the section or part so declared to be unconstitutional or invalid.

(Ord. No. 1207, § 1, 11-22-2005)