In all districts, any accessory structure located on a lot with rear or side yard alley frontage shall set back a minimum of ten feet from the right-of-way line of all such alleys.

(Ord. No. 1256, § 1, 11-28-2006)

In all districts, any structure located on a lot at the corner of two or more streets, alleys, railroads, or combination thereof, shall set back a minimum of 20 feet from all right-of-way lines, except if the intersecting street is an alley the setback for accessory structures only shall be reduced to ten feet on the alley side (per section 31).

In no district shall any fence, shrubbery, sign face, wall, monument or other obstruction to vision between the heights of three feet and ten feet above finished ground level be located within an area defined as being the triangular area formed by two intersecting right-of-way lines and a straight line joining said right-of-way lines at points which are 20 feet each direction in distance from the point of intersection of said right-of-way lines.

(Ord. No. 1256, § 2, 11-28-2006)

Cross reference— Traffic and vehicles, ch. 90.

Swimming pools and wading pools with a depth of one foot or more in any portion of the pool, and not located within a permanently and completely walled structure, shall be constructed no closer than ten feet of any property line and shall be completely fenced off from the ground up to a height of at least five feet. Fences and gates shall be so constructed and of such materials so as to prevent the entry of children and usual household pets into the pool area. Gates shall be provided with adequate locking devices and shall be locked at all times when pool is not in use.

On any lot which, at the time of adoption of these regulations or at the time this ordinance is changed by amendment hereafter, may be reduced in area by widening a public street to a future street line as indicated on the duly adopted major street plan, or as same may be hereafter amended, the minimum required yards, the minimum required lot area, the minimum required lot width, and the maximum building area shall be measured by considering the future street right-of-way lines as the lot line of such lot. Along streets where the future street right-of-way line has been widened as indicated on the duly adopted major street plan, or as said major street plan may be hereafter amended, all buildings or structures to be constructed hereafter shall be set back to the future right-of-way line as indicated on said major street plan. In districts where no setback from the street right-of-way line is required, the existing street right-of-way line may be considered the building line except where said major street plan provides for a wider future street right-of-way.

The board of adjustment may require the conduct of any use, conforming or nonconforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, radio interference, or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort, and convenience. The board of adjustment may direct the building inspector to issue an abatement order; but such order may be directed only after a public hearing by the said board, notice of which shall be sent by registered mail to the owners and/or operators of the property on which the use is conducted in addition to due notice by advertisement in a newspaper of general circulation. A hearing to consider issuance of an abatement order shall be held by the board of adjustment either upon petition signed by any person affected by the hazard or nuisance or upon the initiative of the board. An abatement order shall be directed by the board of adjustment only upon reasonable evidence of hazard or nuisance and such order shall specify the date by which the hazard or nuisance shall be abated. (See Code of Ala. 1975, tit. 7.)

No provision of this ordinance shall be interpreted to prohibit the rental or sub-rental of a single-family dwelling, or to regulate the terms of said rental agreements, provided that the following conditions are satisfied:

(a)

The single-family dwelling and the renal thereof shall conform to all applicable provisions of this ordinance and all other laws, including, but not limited to, business licensing; permitted uses; signage prohibitions; occupancy limitations; health codes; building codes; and parking regulations.

(b)

Except within an approved bed and breakfast inn as defined and permitted herein, a single-family dwelling shall be rented only as a whole and the rental of individual rooms is hereby prohibited. This prohibition shall not be interpreted to prevent the exclusion of one or more closets, rooms, or accessory structures from the leased premises when such excluded area is being set aside for the exclusive use of the property owner, does not include kitchen or bath facilities, and will at no time be used for sleeping purposes.

(Ord. No. 1361, § 6, 10-25-2011)

Editor's note— Sec. 6 of Ord. No. 1361, adopted Oct. 25, 2011, amended § 36 in its entirety to read as herein set out. Former § 36 pertained to group housing projects and derived from the original codification of the Code.

Except as permitted within the MHR and MHS zones in accordance with the requirements of those zones, it shall be unlawful for any person to occupy any mobile structure within the city limits, or to connect any mobile structure to any public or private utility or sewer, except that the occupancy of such mobile structures shall be permitted when one of the following circumstances exists, subject to the limitations stated herein:

(a)

One mobile structure may be occupied on the site of an active commercial, manufacturing, multifamily residential, or townhouse development construction site only for the purposes of construction management, security, and/or unit sales or leasing during the time that a building permit is active on the property. Such mobile structure shall be removed from the property within 30 days following issuance of a certificate of occupancy for the first building.

(b)

One mobile structure may be occupied within the boundaries of a major single-family detached residential subdivision development only for the purposes of construction management, security, and/or lot sales during the time that infrastructure construction is active on the site. Such mobile structure shall be removed from the property within 180 days following approval of the final subdivision plat by the planning commission.

(c)

Upon approval of the board of zoning adjustment, and subject to such limitations deemed necessary and appropriate by the board, one mobile structure may be occupied on an active single-family residence construction site for the purposes of temporary living quarters, construction management, and/or security, provided that such mobile structure is disconnected from all utilities upon expiration of the maximum occupation duration approved by the board of zoning adjustment, or upon issuance of a certificate of occupancy for the permanent dwelling, whichever first occurs.

(Ord. No. 520, § 1, 6-10-1969; Ord. No. 1010, § 1, 3-11-1999; Ord. No. 1022, § 1, 5-25-1999; Ord. No. 1516, § 1, 1-14-2020; Ord. No. 1596, § 1, 10-24-2023)

(a)

In no residential or agricultural district shall shipping containers be permitted on any parcel for any use, with exception of the following:

(1)

For use as temporary storage on a bona fide construction site during such period that a building permit is active for the construction or renovation of the permanent primary structure, provided that the square footage sum of all containers present does not exceed 20 percent of the square footage of the primary structure.

(2)

For the shipping or storage of personal property when such containers are removed from the subject property within seven calendar days of placement. Upon approval of the board of zoning adjustment, and subject to such limitations deemed necessary and appropriate by the board, this maximum period may be extended.

(b)

In no business district shall shipping containers be permitted on any parcel for any use, with exception of the following:

(1)

For use as temporary storage on a bona fide construction site during such period that a building permit is active for the construction or renovation of the permanent primary structure.

(2)

For use as temporary storage and/or shipping/receiving of merchandise when located entirely in the rear of the permanent primary structure, provided that said primary structure is used solely for commercial purposes and contains no residential living quarters.

(3)

Upon approval of the board of zoning adjustment, and subject to such limitations deemed necessary and appropriate by the board, for the temporary display and/or sale of merchandise during a special sales event being held on the premises of a licensed business.

(Ord. No. 1258, § 1, 11-29-2006; Ord. No. 1516, § 2, 1-14-2020)

For the purpose of this ordinance words used in the present tense include the future, the singular number includes the plural, and the plural the singular. Words and terms are defined as follows:

39.1 Accessory structure. Any detached structure not including living quarters, being no more than two stories in height, being located entirely in the side or rear yard of the primary structure, having front support structure that is no closer to the front lot line than the rear support structure of any primary structure attached covered porch or carport, and being subordinate in both roof area and purpose to the primary structure. For the purpose of this definition, "rear support" shall be considered the structural support wall or post located farthest from the front lot line. Lattice-roofed structures such as pergolas and arbors of less than 200 square feet in size shall not be considered accessory structures.

39.2 Accessory use. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

39.3 Administrative official. Such person or persons designated by the board of aldermen [council] to administer and enforce this ordinance.

39.4 Alley. A narrow public or private way less in size than a street, designed for the special accommodation of the property it reaches, and not intended for general travel.

39.5 Alteration or altered. The word "alteration" shall include any of the following:

(a)

Any addition to the height or depth of a building or structure.

(b)

Any change in the location of any of the exterior walls of a building or structure.

(c)

Any increase in the interior accommodations of a building or structure.

In addition to the foregoing, a building or structure shall be classified as "altered" when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of 50 percent of its value prior to the commencement of such repairs, renovation, remodeling, or rebuilding.

39.6 Apartment. A building containing two or more dwelling units, and not considered a townhome/townhouse as defined herein.

39.7 Approved building. A stationary structure meeting all building and fire safety code requirements for all uses to be conducted therein, having a solid roof and being completely enclosed by solid walls, not including tents or buildings with walls/roofs constructed of canvas or similar material, cargo/shipping containers, or motorized vehicles.

39.7.0 Assisted Living Facility. A "nursing home" as defined herein with living quarters designed for long-term residential occupancy.

39.7.1 Auto repair, major. Motor vehicle repair that includes body work and/or the removal of motors, transmissions, or drivetrains, with or without offering towing service.

39.7.2 Auto repair, minor. Motor vehicle repair not considered "major auto repair" as defined herein, and not offering towing service.

39.7.3 Automobile. A motor vehicle as defined herein.

39.7.4 Automobile salvage yard. A lot of land used for the outside storage of inoperable motor vehicles or visibly damaged motor vehicles for up to six months while awaiting repair or disposal by an on-site major auto repair or towing service.

39.8 Automobile service station. Any place of business having pumps and/or storage tanks from which fuels or oils for the operation of motor vehicles are offered for sale at retail.

39.8.1 Automobile storage yard. A lot of land used for the outside storage of undamaged and operable motor vehicles for up to six months, not including RV storage facilities and automobile dealerships.

39.9 Awning. A shelter attached to and hanging from a vertical surface of a building without any other support from the ground.

39.10 Bathroom facilities. Any portion of a building including a shower, bathtub, and/or toilet. For the purpose of this definition, a toilet and/or shower with no bathtub that is located in a permanent, site-built detached accessory structure with no other living quarters as defined herein shall not be considered a bathroom facility.

39.11 Bed and breakfast inn. An owner-occupied single-family dwelling, which is the primary residence of the owner and where a portion of the dwelling is available for short-term lodging, subject to the following restrictions:

Meals/dining. Meals may be served for compensation with serving times not to exceed four hours total per day and number of patrons for any meal not to exceed the maximum occupancy for the number of guest rooms in the inn.

Location and usage. Not more than 40 percent of the total floor area of the dwelling shall be utilized for bed and breakfast guest rooms and the maximum occupancy term for guests shall be five nights. No retail sales shall be permitted on the premises. Dining room may be located in an adjacent building (carriage house, guest house, etc.) only with separate approval of the Board of Zoning Adjustment. Allowance of bed and breakfast inn shall require submittal of proof and finding by the Board of Zoning Adjustment of one of the following:

(1)

Structure is listed on the National Register of Historic Places, or

(2)

Structure is located within an Alabama Historic District, or

(3)

Structure is located within a locally designated historic district as defined by the official zoning map and ordinance, or

(4)

Structure is located on an acreage property permitting its complete isolation/screening from neighboring residential dwellings (farm property, etc.).

Signs and lighting. One unlighted sign on the premises is permitted identifying the bed and breakfast inn, not exceeding four square feet in area and placed not more than 36 inches from the ground. All exterior lighting shall be directed away from adjacent residential property.

General requirements. A proposed or operating bed and breakfast inn shall not appreciably change or alter the traffic pattern or density, appearance of the premises, or character of the residential area. No shared or common driveway shall be permitted. One off-street parking space shall be provided per guest room in addition to any parking requirement of the district.

39.12 Block. The word "block" as herein used shall be construed to be that portion on their side of the street considered, upon which the building is proposed, bounded by the nearest intersecting streets.

39.12.1 Boardinghouse. A bed and breakfast inn as defined herein.

39.13 Building. Any structure having a roof supported by columns or walls, including tents, lunch wagons, dining cars, trailers and similar structures whether stationary or moving.

39.14 Building area. The portion of the lot occupied by the main building, including porches, carports, accessory buildings, and other structures.

39.15 Building line. A line showing the nearest distance to the street property line or lines that it is permissible to build a structure, either to be in compliance with this ordinance, or in compliance with a plat, deed, or private contract.

39.16 Church facility.

(a)

(1)

A single building; or

(2)

Two or more buildings on a single lot or parcel of real property or on adjacent and contiguous lots or parcels of real property where both or all buildings are in such proximity, arrangement and use as to form a single homogenous campus associated with a particular church organization; and

(b)

Where said building, or at least one of said buildings where there are two or more, is regularly used for bona fide public religious meetings, ceremonies or rituals involving the gathering of a congregation of persons on at least a weekly basis (not including day care services not provided in conjunction with such meetings, ceremonies or rituals to accommodate persons attending same), it being the specific intent of this ordinance that daycare facilities not situated in the building or on the campus where the particular church organization affiliated with such daycare facility conducts such regular religious meetings, ceremonies or rituals not be permitted as a church daycare facility; and

(c)

Where the particular organization with which said building or buildings is or are affiliated is recognized as a church by the United States Internal Revenue Service.

39.17 Church daycare facility.

(1)

An operation conducted one or more days per week providing temporary care of children (no more than 14 hours per day of care per child, meaning that facilities providing residential or extended care of children shall not qualify as church daycare facilities for purposes of this ordinance); and

(2)

Being fully contained within a church building or buildings upon a single church campus as those terms are defined in this section 39, together with any outdoor activity areas immediately adjacent to such building or buildings or upon the campus where the same is or are situated; and

(3)

Where any building or buildings used for the provision of such daycare services is or are approved building(s) as defined in this section 39; and

(4)

Which said daycare facility is recognized by the applicable department, agency, commission or other instrumentality of the State of Alabama charged with responsibility for the oversight or regulation of daycare facilities as being a church daycare facility and thus exempt from the regulations and standards applicable to commercial or nonchurch daycare facilities.

39.17.1 Commercial event. A temporary event held on residential or agricultural property, during which one or more of the following conditions exists:

(1)

Payment is accepted in exchange for admission;

(2)

Payment has been accepted in exchange for event space;

(3)

Items are displayed for sale on the premises;

(4)

Nonresident employees, contractors, vendors, or volunteers are present.

39.18 Conference center. An area or structure used for meetings for the purpose of serious discussion and interchange of views. It is a building used for seminars or rap session. It is a place for formal or prearranged discussion, exchange, or negotiation.

39.18.1 Donation collection, staffed. Any location where donated items are received for further distribution and/or sale by a business or charity, and where at least one employee of the receiving business or charity is on the premises a minimum of three consecutive hours per day, Monday through Friday, for the purpose of receiving and managing donations.

39.18.2 Donation collection, unstaffed. Any location where donated items are received for further distribution and/or sale by a business or charity, and not meeting the definition of "donation collection, staffed.

39.19 Drive-in restaurant. A restaurant or public eating business so conducted that food, meals, or refreshments are brought to the motor vehicles for consumption by the customer or patron.

39.20 Drive-in theater. A theater so arranged and conducted that the customer or patron may view the performance while being seated in a motor vehicle.

39.21 Dry cleaners.

Small dry cleaners. Cleaning plants using nonflammable, nonexplosive type cleaning solvent, occupying not more than 1,500 square feet of floor space, operating not more than two delivery and pickup trucks and employing not more than four persons, exclusive of sales clerks and truck drivers.

Large dry cleaners. Cleaning plants occupying more than 1,500 square feet of floor space, and employing more than four persons, exclusive of sales clerks and truck drivers.

39.21.1 Duplex. An apartment containing not more than two dwelling units.

39.22 Dwelling. Any building containing one or more dwelling units, whether single-family or apartment.

39.23 Dwelling unit. A building or portion thereof, designed for and occupied by one family, and containing living quarters for the exclusive use of the occupying family.

39.24 Dwelling one-family. A single-family dwelling as defined herein.

39.25 Dwelling two-family. A duplex as defined herein.

39.26.1 Equine, animal. A horse, miniature horse, or pony.

39.27 Family. An individual; or two or more people all related by blood, marriage or legal adoption, maintaining a common household in a dwelling unit; or a group of not more than five people who are not all related by blood, marriage or legal adoption, living together as a common household in a dwelling unit, except when the purpose of such occupancy is excluded from the definition of a "group home" as defined herein.

39.28 Fence. Any partition, structure, wall or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard.

39.29 Group home. A building or portion thereof occupied by not more than 12 unrelated people for living and sleeping purposes with kitchen facilities for the exclusive use of the occupants, with the purpose of said occupancy being the housing of those with mental impairments in a natural residential environment per Code of Ala. 1975, § 11-52-75.1. The term mental impairment, as used in this section, does not include substance abuse or addiction issues. Buildings or portions thereof (a) which house persons for the temporary or long term treatment or management of, or rehabilitation or recovery from, substance abuse or addiction issues; or (b) where persons are housed therein pursuant to a transitional phase following other substance abuse or addiction treatment; or (c) where persons are housed therein to experience a sober living program, environment or lifestyle, are deemed not to be housing for persons with mental impairments and are excluded from the definition of group homes. Furthermore, the definition of group homes specifically excludes a building wherein persons who occupy the premises, voluntarily or under court order, are persons (a) who are convicted sex offenders; or (b) who occupy the premises relative to any criminal charge, conviction, sentence, probation or parole conditions, deferred prosecution, pretrial or post-conviction release or other conditional release, transition from incarceration or other penal or pretrial sanctions or requirements.

39.29.1 Halfway house. A building or portion thereof occupied by a group of persons not considered a family as defined herein, for living and sleeping purposes, whether with or without kitchen facilities, the purpose, occupancy or use of which does not fall within, or is excluded from, the definition of a "group home," "hospital," "nursing home," or "assisted living facility" as defined herein.

39.30 Home occupation. A business use being clearly incidental and secondary to the use of the property for residential purposes; not changing the residential character of the property; having no business-related signage on the property; including no public display of goods or exterior storage of supplies; being operated solely by the inhabitants of the residential dwelling; and conforming to any conditions deemed necessary by the board of zoning adjustment to ensure the quiet enjoyment of the neighboring residential community.

39.30.1 Hospital. An institution that is built, staffed, and equipped for the diagnosis of disease; and for the treatment, medical and/or surgical, of the sick and the injured; and for their housing during this process, except when the purpose of such occupancy is excluded from the definition of a "group home" as defined herein.

39.31 Hotel/motel. Any building, excluding bed and breakfast inns, containing one or more guest rooms intended for occupancy of a transient nature by individuals for compensation whether paid directly or indirectly.

39.32 House trailer. A manufactured home as defined herein.

39.33 Illegal nonconforming building. Any structure which was erected or altered outside the provisions of a prior zoning ordinance.

39.34 Illegal nonconforming use. Any use which on the effective date of this ordinance was operating outside the provisions of a prior zoning ordinance, such as a dine and dance establishment operating in a residential zone in defiance of zoning restrictions.

39.35 Junkyard. Any lot or parcel of land on which is kept, stored, bought or sold, articles commonly known as junk, including scrap paper, scrap metal, and used automobile bodies and parts not otherwise considered as an "automobile salvage yard" herein.

39.36 Kitchen facilities. Any portion of a building including one or more cooking appliances or designed for the future addition of one or more cooking appliances.

39.37 Legal nonconforming structure. Any structure which was lawfully erected or altered in conformity with all applicable municipal ordinances, or through variances granted by the board of adjustment, but which structure does not comply with all the provisions this ordinance establishes, for structures in the district in which the same is located.

39.38 Legal nonconforming use. A use which, on the effective date of this ordinance, was lawfully operated in accordance with the provisions of any prior zoning ordinance, or through variance granted by the board of adjustment, but which use is not a permitted use as established by this ordinance in the district in which the use is located.

39.39 Living space. The floor space in a dwelling to be calculated on the basis of total habitable room area.

39.40 Living quarters. Any building area including kitchen facilities, bathroom facilities, and/or sleeping facilities.

39.41 Lot. A piece, parcel, or plot of land occupied or intended to be occupied by one main building, accessory building, uses customarily incidental to such main buildings and such open spaces as are provided in this ordinance, or as are intended to be used with such piece, parcel or plat of land. (Two or more platted lots may be combined to create one lot as defined herein.)

39.41.1 Lot width. The chord width of a lot as measured at both its intersection with the public street right-of-way and its building line.

39.41.2 Manufactured home. Any structure, transportable in one or more sections, which is built on a chassis and designed to be used for human occupancy, with or without wheels or the addition of a permanent foundation, and not considered a recreational vehicle as defined herein.

39.41.3 Meat. The flesh of any animal, including fish and crustaceans.

39.41.4 Mobile home. A manufactured home as defined herein.

39.41.5 Mobile structure. A recreational vehicle or manufactured home as defined herein.

39.42 Motor court. A hotel/motel as defined herein.

39.42.1 Motor vehicle. Any conveyance utilizing a motor for operation and not considered a "small engine vehicle" or "motorcycle" as defined herein, including, but not limited to, cars/trucks, motorized watercraft, and motorized recreational vehicles.

39.42.2 Motorcycle. Any vehicle marketed for use as a motorized bike or all-terrain land vehicle, including, but not limited to, touring motorcycles, dirt bikes, "choppers", four-wheelers, go-carts, utility task vehicles (UTV), and golf carts.

39.42.3 Motorcycle repair shop. Any establishment offering the repair, customization, fabrication, or assembly of motorcycles.

39.43 Nonconforming use. A use of any structure or land which, though originally lawful, does not conform with the provisions of this ordinance or any subsequent amendments thereto for the district in which it is located.

39.43.1 Nursing home. An institution that is built, staffed, and equipped for the medical care and physical rehabilitation of the injured or infirm; and for their housing during this process, except when the purpose of such occupancy is excluded from the definition of a "group home" as defined herein.

39.44 Offices. Space or rooms used for professional, administrative, clerical and similar uses.

39.45 Office building. A building whose predominant use is for offices.

39.46 Parking space. The space necessary to park an automobile with[in] the necessary lanes and maneuvering areas as required in article I, section 17.

39.46.1 Primary structure. The structure located on any parcel with the intended purpose of serving the principal use of that property. In a residential zone, the "primary structure" is the residential structure, including any attached roof structures such as covered porches or carports.

39.47 Public land uses. Any land use operated by or through a unit or level of government, either through lease or ownership, such as municipal administration and operation, county buildings and activities, state highway offices and similar land uses; and federal uses such as post offices, bureau of public roads and internal revenue offices, military installations, etc.

39.48 Recreational vehicle. Travel trailers; pickup campers; motorized dwellings (motorhomes); buses; tent campers; "toy-hauler" campers; and similar.

39.49 Roadside stand. A structure for display, and sale of products with no space for customers within the structure itself.

39.50 Roominghouse. A bed and breakfast inn as defined herein.

39.50.1 RV storage facility. A business offering available for rent warehouse space, and/or fenced open areas for the temporary storage of recreational vehicles and/or watercraft all being undamaged and operable.

39.51 Self-service laundry. A structure containing washing machines and usually drying machines, which are coin-operated by the customer. It may or may not have an attendant.

39.51.1 Self-storage facility. A business offering available for rent temporary storage space for personal property completely within the confines of a warehouse.

39.51.2 Semiattached dwelling. A townhome/townhouse as defined herein.

39.52 Semipublic buildings. Structures for the use of a group, the membership of which is open to the public, such as churches, Y.M.C.A. and Y.W.C.A. facilities, private schools, hospitals and nursing homes, colleges and health clubs, country clubs, tennis clubs, etc., but not including profit-making organizations.

39.53 Semipublic land uses. Philanthropic and charitable land uses including: Y.M.C.A., Y.W.C.A., Salvation Army, churches and church related institutions, orphanages, humane societies, private welfare organizations, nonprofit lodges and fraternal orders, hospitals, Red Cross, and other general charitable institutions.

39.54 Shelter. A structure above or below ground intended to provide protection to human life during periods of danger.

39.55 Shipping container. Any transportation trailer, shipping crate, cargo bin or other container produced for the transportation, relocation or shipping of any item(s), including containers without wheels intended to be loaded and hauled to another location for storage and containers which have been altered or pinned in any way to be rendered immobile.

39.56 Signs. Any letters, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising purposes. For purposes of this ordinance, a flag constitutes a sign, but not including an emblem or insignia of a government, school or religious group when displayed for official purposes.

39.56.1 Single-family dwelling. A dwelling, with or without attached garage/storage space, containing one dwelling unit of not less than 800 square feet in finished and conditioned living space, and having a combined area of garage/storage space that is not more than double the area of the living space.

39.57 Sleeping facilities. Any portion of a building having one or more exterior windows, having bathroom and/or kitchen facilities located within the same building, and including space that in the opinion of the building official, lends itself to potential use as a closet.

39.57.1 Small engine vehicle. Any small motorized vehicle not considered a "motorcycle" as defined herein, including, but not limited to, lawn mowers and other small lawn maintenance devices.

39.57.2 Small engine repair shop. Any establishment offering the repair of small engine vehicles.

39.58 Special exception. A special exception is a use that would not be appropriate generally or without restriction throughout a zoning division or district, but which, if controlled, as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or district as a special exception if specific provision for such a special exception is made in this ordinance. (For procedure in securing special exceptions, see section 51.3.)

39.59 Story. Any portion of a building being entirely above grade plane, and lying between the upper surface of a floor and the upper surface of the floor or roof next above. For the purposes of this ordinance, a single story of an accessory structure shall have a wall height of no more than ten feet.

39.60 Streets. Any public way set aside for common travel more than 21 feet in width if such existed at the time of enactment of this ordinance, or such right-of-way 50 feet or more in width if established thereafter.

39.61 Structure. Any building with four walls and/or a roof, not including fences, privacy walls, or retaining walls.

39.62 Tourist court. A hotel/motel as defined herein.

39.62.1 Towing service. The operation of one or more automobile recovery/towing vehicles for private or public use, with or without the offering of other services and/or products.

39.63 Townhome/townhouse. A single-family dwelling that is physically attached to another single-family dwelling located on a separate land lot, and conforming to all codes applicable to such structures.

39.63. Travel center. A convenience store, with or without facilities for truck fueling, which includes additional facilities/services intended to cater to travelers. Such facilities/services may include restaurant counter(s), shower facilities, and retail souvenir/clothing merchandise sales.

39.64 Use. The purpose for which land or a building or other structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.

39.64.1 Warehouse. A commercial structure completely enclosed by a roof and solid walls on all sides in order to fully shield the contents being kept on the property from exterior view at all times, and utilized primarily for the purpose of temporary storage.

39.64.2 Watercraft. Any vehicle intended to be used as a conveyance on water, regardless of maximum occupancy or means of propulsion, as well as trailers and devices intended to transport such vehicles.

39.64.3 Winery. An establishment where wine is made using only produce grown on the premises, and which may offer such wines for wholesale or retail sale, subject to all applicable laws.

39.65 Yard. An open space on the lot with the main building left open, unoccupied and unobstructed by structures from the ground to the sky except as otherwise provided in this ordinance. Yards shall be measured from the wall of the structure to the property line, unless the overhang exceeds 30 inches, in which case the yard shall be measured from the overhang plus 30 inches. (Thus, if a ten-foot side yard is required and the roof overhangs five feet, the wall must be 12½ feet from the side property line.)

39.66 Yard, front. The yard extending across the full width of the lot, located between the front plane of the primary structure (support structure closest to the front lot line) and the front lot line. For the purpose of this definition, the "front" shall be considered the side of the lot to which the main entrance of the primary structure faces.

39.67 Yard, rear. The yard extending across the full width of the lot, located between the rear plane of the primary structure (support structure closest to the rear lot line) and the rear lot line.

39.68 Yard, side. The yard located between the front yard and the rear yard, and between the side plane of the primary structure (support structure closest to the side lot line) and the side lot line.

(Ord. No. 557, § 1, 9-26-1972; Ord. No. 951, § II, 5-13-1997; Ord. No. 1034, § 6, 8-24-1999; Ord. No. 1082, § 4, 12-12-2000; Ord. No. 1207, § 2, 11-22-2005; Ord. No. 1256, § 3, 11-28-2006; Ord. No. 1258, § 2, 11-29-2006; Ord. No. 1302, §§ 1—3, 6-10-2008; Ord. No. 1361, §§ 1, 3, 10-25-2011; Ord. No. 1382, §§ 2, 3, 10-23-2012; Ord. No. 1412, §§ 1, 2, 1-27-2015; Ord. No. 1413, § 4, 1-27-2015; Ord. No. 1428, § 3, 12-9-2015; Ord. No. 1438, § 4, 4-12-2016; Ord. No. 1469, §§ 2, 3, 10-10-2017; Ord. No. 1490, § 9, 1-22-2019; Ord. No. 1540, § 3, 6-23-2021; Ord. No. 1541, §§ 1—5, 8-11-2021; Ord. No. 1553, §§ 1—6, 10-13-2021; Ord. No. 1585, §§ 1—12, 4-11-2023; Ord. No. 1596, §§ 4—8, 10-24-2023)

For the purposes of this ordinance, no differentiation shall be made with regard to the ownership/conveyance form of a current property or proposed development when interpreting/enforcing the provisions herein. Multiple residential units occupying a single lot shall be permitted only in zones in which multifamily use is specifically permitted and all site plan and lot requirements pertaining to multifamily developments shall be in full force and effect. Multiple commercial units occupying a single lot shall be permitted only in zones in which the planned commercial use(s) is/are specifically permitted and all site plan and lot requirements pertaining to the applicable commercial zone shall be in full force and effect. Land areas defined for ownership or conveyance as condominium units shall conform to all lot and permitted use requirements of the zone in which the property is located and shall be subject to all requirements/processes of the Hartselle Subdivision Regulations as per a conventional subdivision.

(Ord. No. 1308, § 1, 7-22-2008)