In order to classify, regulate, and restrict the location of dwellings, institutions, business, industries, and the location of buildings designed for specific uses; to regulate and limit the height and bulk of buildings hereafter erected or structurally altered; to regulate and limit the intensity of the use of land area; and to regulate and determine the areas of open spaces within and surrounding such buildings; the City of Homewood, Alabama, is hereby divided into the following districts:

(1)

Residential Districts:

NPD Neighborhood Preservation District

R-1 Detached Dwelling Unit District

R-2 Detached Dwelling Unit District

R-3 Detached Dwelling Unit District

R-4 Attached Dwelling Unit District

R-5 Attached Dwelling Unit District

R-6 Attached Dwelling Unit District

R-7 Attached Dwelling Unit District

PR-1 Planned Residential District

PR-2 Planned Residential District

(2)

Commercial Districts:

C-1 Office District

C-2 Neighborhood Shopping District

C-3 Community Business District

C-4 Central Business District

C-4(a) Retail Shopping District

C-4(b) High Rise Office/Commercial District

C-5 General Business District

PCD-1 Planning Office District

PCD-2 Planned Commercial District

(3)

Manufacturing Districts:

M-1 Light Manufacturing District

PI Planned Industrial District

(4)

Institution Districts:

I-1 Institution District

I-2 Institution District

I-3 Institution District

(5)

PMUD Planned Mixed Use Districts:

(6)

MXD Mixed Use District

(7)

Urban Renewal Districts:

GURD Greensprings Urban Renewal District

EURD Edgewood Urban Renewal District

WHD West Homewood District

(8)

Land Preserve District (LPD)

(Ord. No. 2257, § 1, 7-25-2005; Ord. No. 2455, § 1, 5-14-2012; Ord. No. 2505, § 2, 8-26-2013)

The boundaries of the districts are as shown on the "Homewood Zoning Map," together with any subsequent zoning map amendments. Unless otherwise shown on said zoning map, the boundaries of districts are lot lines, the center lines of streets or alleys or such lines extended, railroad right-of-way lines, or corporate limit lines. The zoning map and all the notations, references, and other information shown thereon are 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 and revisions of said map.

The zoning administrator shall make an interpretation of the "Homewood Zoning Map" upon request of any person. Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

(1)

Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines shall be construed to be such boundaries.

(2)

In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimensions, shall be determined by the use of the scale appearing on such maps.

(3)

Where boundaries are approximately parallel to public right-of-way lines, such boundaries shall be construed as being parallel thereto.

(4)

In case any further uncertainty exists, the board of adjustment shall determine the location of boundaries.

(Ord. No. 2001, § 2, 11-23-98)

(1)

Application of this ordinance: No structure shall be construed, erected, placed or maintained and no land use commenced or continued within the city except as specifically or by necessary implication, authorized by this ordinance.

(2)

Except as otherwise provided in this ordinance:

a.

No land or structure may be used except for a purpose permitted in the district in which it is located.

b.

No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area and height regulations of the district in which the building is located.

c.

The minimum building lines, parking spaces, open spaces, and lot areas, required by this ordinance for each existing building or for any building hereafter erected, shall not be encroached upon nor reduced.

d.

Every building hereafter erected or structurally altered shall be located on one lot. However, this ordinance specifically permits more than one building on a lot, in the case of attached dwellings, and uses which require development plan approval. Townhouses shall be constructed as one building on more than one lot.

(3)

Temporary structures for uses incidental to construction work may be permitted in any district during the period that construction work is in progress, but such temporary structures shall be removed upon completion or abandonment of the construction work.

(4)

Utility structures including, but not limited to, poles, wires, crossarms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone, telegraph, or cable television service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other fluids may be constructed, erected, repaired, maintained or replaced within any district within the City of Homewood. This is not to be construed to include the erection or construction of buildings or electric substations.

Statement of intent. Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures, and uses of land and structures, which were lawful when established, but which would be prohibited or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(1)

Continuance: A nonconforming use lawfully existing at the effective date of this ordinance may be continued, except as hereafter provided, although such use does not conform with the provisions of this ordinance.

(2)

Restoration to safe condition: Nothing in this ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

(3)

Restoration after damages: Other than detached dwellings, no nonconforming building or structure which has been damaged by fire or other causes to the extent of more than fifty (50) percent of its current replacement value prior to the time of such damage, shall be rebuilt or restored except in conformity with the provisions of this ordinance.

(4)

Abandonment: A nonconforming use which has been discontinued for a period of six (6) months shall not be reestablished, and any future use shall be in conformity with the provisions of this ordinance.

(5)

Change is use: A nonconforming use shall not be changed to another nonconforming use. A nonconforming use which is changed to a conforming use shall not be permitted to revert to a nonconforming use.

(Ord. No. 2710, § 5, 8-13-2018)

Whenever any street, alley or other public way is vacated or abandoned by official action of the City of Homewood, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of same and all area included therein shall then be subject to all appropriate regulations of the extended district.

There exist lots in the city, which were lawful when platted, but which are too small to be developed under the provisions of this ordinance. (Nonconforming lot(s) of record.) Some of these lots are in subdivisions which have a dwelling on each lot; others are in subdivisions which were developed using more than one (1) lot per dwelling.

It is the intent of this ordinance to maintain the average lot width and developed density within each of the city's subdivisions or districts.

If two (2) or more lots or parcels are adjacent or contiguous to each other and are under common ownership on the effective date of this ordinance, or subsequent thereto, such adjacent or contiguous lots or parcels shall be combined to form one (1) lot or parcel [hereinafter referred to as "zoning lot(s)"] and shall be considered one (1) zoning lot for purposes of complying with the Homewood Zoning Ordinance minimum lot width and area requirements, if any such individual lot(s) do not meet said minimum requirements. No zoning lot(s), or any portion thereof, shall be used in any way that conflicts with the regulations or requirements of this ordinance. No building permit shall be issued for construction on any nonconforming lot or portion of any zoning lot(s) that is sold, transferred, or conveyed in violation of the provision of this ordinance and/or of this section, provided however, that this provision shall not prevent the dividing of presently existing townhouses or other multifamily dwellings into separate ownership units.

The provisions of this section are intended to apply to all nonconforming lots or parcels whether shown on an approved or recorded plot or plan. No building permit shall be issued for any zoning lot(s), or any portion thereof, until such time as said zoning lot is resurveyed so as to create one (1) or more lots or parcels which conform with the provisions of this ordinance which include, but are not limited to, the minimum lot width or frontage and area requirements of the district in which such property is located.

A lot of record, at the time of the effective date of this ordinance (or December 9, 1986), which does not conform to the requirements of this ordinance and which is not adjacent to or contiguous to and under common ownership with another lot of record or parcel, may be used as a building site upon an appeal to and approval by the board of zoning and adjustment of the city.

(Ord. No. 1826, § 2, 8-23-93)

Occupancy of a dwelling unit shall be limited to one family as defined herein, and in no case shall a dwelling unit be occupied by more than one family. For a family who has a handicapped member, in case of extreme hardship, the family may request a variance to secure additional domestic help and state in writing a particular hardship and need for services of additional domestic help by making application to the Board of Zoning Adjustments or as otherwise required by the Federal Housing Act Amendment of 1988, as amended.

(Ord. No. 2459, § 2, 5-14-2012)