A subordinate building the use of which is incidental to that of the main building.

A subordinate structure the use of which is incidental to that of the main structure.

A use naturally and normally incidental to the main use of the premises.

A public thoroughfare or way which affords only a secondary means of access to abutting property.

Any change, addition, or removal, of or affecting the structural or supporting members or intermediate divider walls of a building such as bearing walls, columns, beams, girders, joists, and foundations.

A building used or intended to be used as a dwelling by three (3) or more families, or as an apartment house.

A business that operates a dealership or dealerships for the retail sales of new and/or used automobiles or trucks and businesses ancillary to the operation of such dealerships, including service and parts operations, body shops, the sale of finance, extended warranty and insurance products, the financing of the purchase of new and/or used vehicles and the purchase, sale, and servicing of finance contracts for new and/or used vehicles.

(Ord. No. 2022-28, § 1, 10-18-22)

A story wholly or partly underground. A basement is counted as a story for the purpose of height regulations only.

All land fronting on one side of a street between the nearest intersecting streets, roads, railroad rights-of-way and waterways, meeting or crossing the aforesaid street and bounding such land.

A building other than a hotel or motel, where for compensation and by prearrangement for specific time periods meals and lodgings are provided for not less than three persons nor more than ten persons.

A building in which is conducted or intended to be conducted the main or principal use of the lot on which said building is located.

A structure having a roof supported by columns or walls. When supported by division walls from the ground up with or without ingress and egress provided between such divisions by suitable openings, each portion of such building so divided without ingress and egress shall be deemed a separate building.

That portion of a lot occupied by the main building, including porches, carports, accessory buildings, and other structures.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and the ridge for gable, hip and gambrel roofs.

The street-side line of the lot or legally established line which determines the location of the building setback with respect to the street right-of-way line.

That official of the City of Irondale appointed to oversee the enforcement and administration of this zoning ordinance, or their designee.

(Ord. No. 2023-28, § 3, 9-19-23)

An accessory structure attached or detached to a principal building, having a roof with one or more open sides and intended for the sheltering of motor vehicles.

The most recently adopted building, construction, electrical and fire-related codes adopted by the City of Irondale.

(Ord. No. 2023-28, § 3, 9-19-23)

A public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by one or a group of medical doctors backing individually or jointly and in the same building for the purposes aforesaid.

Individual ownership of a unit. (See State Law 1059. H.B. No. 107, 1973 Regular Session of the Legislature of the State of Alabama.)

A building or group of buildings in which units are owned individually, and the structure, common areas, and the facilities are owned by the owners on a proportional, undivided basis: includes commercial and industrial buildings (or group of buildings) organized, owned, and maintained as a condominium.

(Ord. No. 2006-52, § 1, 2-6-07)

A basin which is located and constructed in such a manner that it will catch and hold the contents of an above ground liquid storage tank in the event of a leak or rupture in said tank.

A dead-end street terminated by a vehicle turnaround area having a minimum right-of-way radius of 50 feet and pavement radius of 45 feet.

A restaurant or public eating establishment so conducted that food, meals or refreshments are brought to a vehicle for consumption therein or on the premises by the customer or patron.

A theatre so arranged and conducted that the customer or patron may view the performance while being seated in a vehicle.

Any building or portion thereof which is designed or used exclusively for residential occupancy and providing sleeping, cooking, and kitchen accommodation, and toilet facilities.

A detached building so designed and arranged to provide sleeping, cooking and kitchen accommodations and toilet facilities for occupancy by one family only, together with such domestic help as are necessary to service and maintain the premises and their occupants.

A building so designed and arranged to provide sleeping, cooking and kitchen accommodations and toilet facilities for occupancy of two families only together with such domestic help as is necessary to service and maintain the premises and their occupants.

A building used or intended to be used as a dwelling by three or more families, or an apartment house.

Any portion of a building used as a separate abode for a family hiving its own cooking and kitchen facilities. Dwelling unit occupancy limitations shall meet the requirements of Section 3:47.

(Ord. No. 2000-80, § 1, 10-17-2000)

To construct, reconstruct, relocate or any physical operations on the premises required for the establishment of a building, principal structure, or accessory use. Excavation, earthwork, fill, drainage work, utilities installations and other work as it relates to the construction or use of a building, principal structure or accessory use shall be considered within the meaning of erect. The principal building must be constructed prior to the accessory building in all residential districts, including A-1 recorded Subdivisions, but excepting A-1 tracts.

Erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems; or other transmission, collection, communication, supply or disposal systems including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories used in connection therewith but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the general public health, safety and welfare.

One person or a group of two or more persons living together and inter-related by bonds of consanguinity, marriage, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a common and single set of culinary facilities. The persons thus constituting a family may also include two additional guests who occupy rooms for which compensation may or may not be paid. Any group of persons not so related, but inhabiting a single housekeeping unit, shall be considered to constitute one family for each five persons, exclusive of domestic, employees, contained in each group. The number of domestic employees shall not exceed two additional persons who are necessary to service and maintain the premises and the occupants thereof. In case of extreme hardship the dwelling family may request a variance to secure additional domestic help and state in writing the particular hardship and need for the services of additional domestic help.

(Ord. No. 2000-80, § 2, 10-17-2000)

A farm is all of the unplatted contiguous or neighboring land which is directly farmed by one farmer and his own labor or with the assistance of members of his household or hired employees provided, however, land to be considered a farm hereafter shall include a continuous unplatted parcel of not less than five acres in extent, provided, further, farms may be considered as including establishments operated as green houses, nurseries, orchards, chicken hatcheries, apiaries, but establishments keeping or operating fur bearing animals, game, fish hatcheries, stockyards, recreational parks, stone quarries, or gravel or sand pits shall not be considered farms hereunder unless combined with bona fide farm operations on the same continuous tract of land.

A structure intended for a barrier or enclosure constructed of any standard fencing material.

The term "first floor" shall mean the lowest floor surface of that portion of a structure defined as a story.

(a)

The livable floor area shall be the area of the first floor plus the area of the floors next above, and the area under a sloping roof having a minimum height of five feet when one-half of the floor area has a ceiling height of seven feet six inches. Garage floor area, basements, decks, porches, patios, terraces, and carport floor area are not included as livable floor area, except when used as finished heated and cooled area.

(b)

All new permitted structures shall comply with the square footage floor area requirements as adopted on May 19, 1998. All previously permitted structure/structures need only to comply with the square footage as required by the district at the time of permitting.

A local road which is adjacent to and parallel with an expressway or major street, the purpose of which is to avoid interference with through traffic and from which ingress and egress to abutting property is gained.

A private garage is a garage for which the principal use is storage of privately owned vehicles and constituting an accessory use on the lot. Square footage shall not exceed 600 square feet and shall not be used for commercial or industrial use.

A public garage is a business enterprise in which the principal operation involves a garage used for the storage, repair or servicing of vehicles for a profit.

Any building, structure or land used primarily for the dispensing, sale or offering for sale at retail of automotive fuels, oils, accessories or minor maintenance and repair services, but not including major repair work such as motor or transmission overhaul, body repairs or painting.

The mean established center line elevation or grade of the street or road fronting on the property in question as determined by the public authorities having supervision. If no grade level has been established by public authority, the determination and certification thereto of the existing grade level by a registered professional engineer in the State of Alabama is required.

(a)

Greenbelt, eight feet wide.

An eight-foot wide greenbelt shall be a planting strip composed of deciduous or evergreen trees equivalent in number to one tree for each 40 feet of greenbelt length and not less than one row of shrubs spaced not more than four feet apart, and which will attain a height of at least five feet after one full growing season, which shall be planted and maintained in a healthy growing condition by the property owner, tenant, lessee, or management. A chain link fence having a minimum height of five feet, or a solid masonry wall having a minimum height of four feet shall be provided on the property line, except where the greenbelt shall be within a front yard. Said shrubs shall be maintained in such a manner as not to exceed a height of 12 feet.

(b)

Greenbelt, 12 feet wide.

A twelve-foot wide greenbelt shall be a planting strip composed of deciduous or evergreen trees equivalent in number to one tree for each 40 feet of greenbelt length and not less than two rows of shrubs spaced not more than four feet apart, and each row being planted not more than six feet apart. Said shrubs shall attain a height of at least five feet after one full growing season, which shall be planted and maintained in a healthy growing condition by the property owner, tenant, lessee, or management. A chain link fence having a minimum height of five feet, or a solid masonry wall having a minimum height of four feet shall be provided at the property line, except where the greenbelt shall be within a front yard. Said shrubs shall be maintained in such a manner as not to exceed a height of 12 feet.

(c)

Greenbelt, 20 feet wide.

A twenty-foot wide greenbelt composed of a mowed grass area planted with two rows of deciduous or evergreen trees, spaced alternately, at not more than 50 feet intervals in the row, and not less than one row of shrubs spaced not more than eight feet apart, providing the total number of shrubs shall be equivalent in number to one shrub for each two and one-half feet of greenbelt length. Said shrubs shall attain a height of at least five feet after one full growing season, which shall be planted and maintained in a healthy growing condition by the property owner, tenant, lessee, or management. A chain link fence having a minimum height of five feet, or a solid masonry wall having a minimum height of four feet shall be provided at the property line, except where the greenbelt shall be within a front yard. Said shrubs shall be maintained in such a manner as not to exceed a height of 12 feet. Said grass shall be maintained in such a manner as not to exceed a height of four inches.

(d)

Greenbelt, security.

A security type greenbelt shall be a planting strip composed of a mowed grass area throughout its entire length and width. Said grass shall be maintained in a healthy growing condition and trimmed to a height of not more than four inches by the property owner, tenant, lessee, or management. A security type greenbelt may be substituted for any other greenbelt required in this ordinance. The required width of a security type greenbelt shall be twice that specified for the above required greenbelt (a), (b) or (c).

All uses which involve the storage, sale, manufacture, processing of handling of materials which are easily ignited and likely to burn with moderate rapidity or cause smoke, including materials which are highly flammable, explosive, noxious, toxic, or inherently dangerous to humans, animals, land, crops or property.

Any occupation or profession, carried on by one member of a family residing on the premises, in connection with which there is no sign other than one non-illuminated name plate attached to the building entrance which is not more than one square foot in area, provided that no commodity is sold on the premises; and provided that such profession or occupation does not create noise, odors, vibration, or traffic congestion which interfere with the residential qualities of the neighborhood insofar as health, safety, morals, convenience, and general welfare are concerned. A home occupation shall not include beauty parlors, barber shops, doctors or dentist's offices, chiropractic clinics, fortune telling establishments, or other similar activity as determined by the City of Irondale Zoning Board of Adjustment.

Home occupations may be approved by the city clerk and/or the designated agent of the City of Irondale provided that all of the following regulations are met, or the application may be forwarded at their discretion to the zoning board of adjustment for a decision.

Section 2.41-1. Restrictions.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential character of the dwelling nor adversely affect the uses permitted in the district of which it is a part. No home occupations shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian or vehicular traffic, or any other conditions which would constitute an objectionable use of residentially zoned property.

Section 2.41-2—Limitations of type of home occupation.

Customary home occupations should be limited to an office or business of a personal service nature.

Section 2.41-3—Limitation of area.

Use of the dwelling for a home occupation purpose shall be limited to 25 percent of one floor of the principal building. Accessory buildings shall be no larger than 25 percent of the floor area of the principal building.

Section 2.41-4—Confinement to building.

The home occupation shall be confined entirely to the principal building and/or accessory building; however, no outside storage shall be used in connection with the home occupation.

Section 2.41-5—Employment limitations.

Employment shall be limited to members of the family residing in the dwelling and there shall be no employment of help other than members of the residential family.

Section 2.41-6—Sale of products.

No display of products shall be visible from the street and only articles made on the premises may be sold; except that non-durable articles (consumable products) that are incidental to a service, which service shall be the principal use in the home occupation, may be sold on the premises.

Section 2.41-7—Limitation of students.

Instructions in music, dancing and similar subjects should be limited to two students at a time.

Section 2.41-8—Time restrictions.

The activity carried on, as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

Section 2.41-9—Signage restrictions.

There shall be no signage erected or displayed on the premises identifying or advertising a home occupation other than one non-illuminated name plate attached to the building entrance which is not more than one square foot in area as set out under this section.

Section 2.41-10—Review.

Home occupations will be reviewed annually upon issuance of business license for compliance with the above regulations.

Section 2.41-11—Appeal by applicant to the zoning board of adjustment.

Any applicant aggrieved by the decision of the city clerk and/or the designated agent of the City of Irondale to deny an application may, within a reasonable time, appeal the decision to the City of Irondale Zoning Board of Adjustment in accordance with the procedures and guidelines established pursuant to article VII of the City of Irondale Zoning Ordinance.

(Ord. No. 2002-12, 5-7-2002)

A public or proprietary institution providing medical diagnosis, treatment, or other care of human ailments, operating under license by the Alabama State Health Department, and which, unless otherwise specified, shall be deemed to include institutions primarily for treatment of contagious diseases and the insane or feeble minded but not including clinics as herein defined.

A building or part thereof occupied as the more or less temporary abiding place of individuals in which the rooms are usually occupied singularly for hire and in which building there is usually a kitchen or public dining room for the accommodation of the occupants and guests.

See "MOBILE HOMES"

A building or activity operated by a non-profit corporation or non-profit establishment for public use.

A place, structure or lot where junk, waste, discarded, salvaged or similar materials such as old iron or other metal, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, disassembled or handled, including auto-wrecking yards, used lumber yards, house-wrecking and structural steel materials and equipment, and excluding pawn shops and establishments for the sale, purchase or storage of used cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

A kennel is a lot or premises on which four or more domestic animals are kept either permanently or temporarily boarded, excluding puppies less than three months old.

Land occupied or intended to be occupied by a building and its accessory buildings or by a dwelling or group of dwellings and its accessory buildings, together with such open spaced as are required under the provisions of this ordinance and having not less than the minimum area required by this ordinance for a lot in the zoning district in which it is located and having its principal frontage upon a public street.

A lot abutting upon two or more streets-at their intersection.

A lot other than a corner lot.

The lines bounding a lot as defined herein.

In the case of a lot line abutting upon one (1) street, the front lot line is the line separating such lot from such a street. In the case of any other lot, one such line shall be elected to be a front lot line for the purpose of this ordinance.

The rear lot line is that opposite the front line. In case of a lot terminating at a point at the rear of the lot, or having a rear lot line less than ten feet long, the rear lot line shall be considered a line parallel to the front lot line having a length not less than ten feet.

Any lot lines other than front lot line or rear lot line.

A lot of record is a lot shown on the records in the office of the Judge of Probate, Jefferson County, Alabama.

A through lot or double frontage lot is an interior lot extending from one street to another and abutting a street on two ends.

The width of the lot measured at the front building setback line.

A business facility, other than a storage warehouse, with a building or buildings divided into separate compartments for lease that may include climate-controlled units, exclusively used for the storage of non-explosive and non-volatile materials and used to meet the temporary storage needs of households and small businesses, with no commercial transactions permitted other than the rental of the storage units. This does not include the rental of trucks or equipment as an accessory use.

(Ord. No. 2006-11, 3-21-06; Ord. No. 2022-11, § 1, 6-22-22)

A mobile home, house trailer or trailer coach refers to any vehicle used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such and shall include self-propelled and non self-propelled vehicles so designed, constructed, or reconstructed in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one (1) or more persons and having no foundation other than wheels, jacks, or similar structural supporting members.

A mobile home park means any park, trailer park, mobile home court, camp, site, lot, parcel, or tract of land designed, maintained, or intended for the purpose of supplying a location or accommodation for one or more mobile homes or trailers or upon which one or more mobile homes or trailers are parked, and shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the mobile home and its facilities or not.

(See section 5:11)

A motel or motor court is a business comprised of a dwelling unit or a group of dwellings or dwelling units so arranged as to furnish overnight accommodations for transient guests.

The use of any building, structure or land which was lawful at the time of the passage of this ordinance, or amendment thereto, but which use does not conform, after the passage of this ordinance or amendment thereto, with the use regulations of the zoning district in which it is situated.

Any premises or portion thereof used for educational work or care of children of less than the age required for enrollment in the public school system.

A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.

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

An open, unoccupied space used or intended to be used for the parking of vehicles without charge exclusively, and in connection with which no gasoline or vehicular accessories are sold and no other business is conducted.

An open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oil may be sold and fees charged; but vehicles may not be equipped, repaired, rented or sold.

A parking space is an area surfaced by either bituminous pavement, oil aggregate, stabilized gravel or equivalent, enclosed or unenclosed, not less than nine (9) feet wide by eighteen (18) feet long, together with a concrete or bituminous surfaced driveway connecting such parking space with a street or alley and permitting ingress and egress of a motor vehicle.

(Ord. No. 2009-24, § 1, 6-2-09)

Any material discharged into or suspended in the atmosphere in a finely divided form.

See section 4:08.

A lot, together with all buildings and structures existing thereon.

The lines forming the boundaries of a lot or parcel as defined herein. See "Lot line."

A protective wall shall be a six-foot high solid masonry wall, unpierced, except for ingress and egress of vehicles or pedestrians when located along the property lines which afford a direct means of access from a public thoroughfare, or when necessary for fire lanes, or for other requirements pertinent to the preservation of the public health, safety, or welfare.

Any person, firm or corporation, municipal department or board, duly authorized by the public service commission to furnish and furnishing under regulations to the public, electricity, gas, steam, telephone, cable, telegraph, transportation, storm drainage, water or sanitary sewerage services, or like or similar service or industry.

A tract of land under unified ownership which has been developed with all necessary facilities and services and which is intended for the express purpose of providing a satisfactory living environment for travel trailer residents on a temporary basis, with the option for storage of such vehicles as permitted by Section 4:24-7 herein.

(Ord. No. 2023-27, § 1, 9-19-23; Ord. No. 2023-34, § 1, 12-5-23)

Editor's note— Ord. No. 2023-27, § 1, adopted December 5, 2023, renumbered §§ 2:74(a) and 2:74(b) as 2:74(b) and 2:74(c).

A retail establishment engaged in providing or supplying convenience goods/items for sale to the general public wherein a city, county, state, or federal sales tax is collected for the providing of said goods or items.

(Ord. No. 2023-27, § 1, 9-19-23)

Editor's note— See editor's note, § 2:74(a).

A sales establishment/charitable organization engaged in providing and or supplying convenience goods/items for sale to the general public wherein a city, county, state, or federal sales tax is not collected for the providing of said goods or items.

(Ord. No. 2010-37, 9-7-10; Ord. No. 2023-27, § 1, 9-19-23)

Editor's note— See editor's note, § 2:74(a).

That portion of a public thoroughfare or right-of-way intended for use by vehicles.

Either a one- or two-family dwelling other than a hotel, motel, or apartment house where lodging for three of more persons not of the immediate family is provided for compensation and by pre-arrangement for definite time periods.

See section 2:37.

A group of two or more retail sales or service establishments located within one building or a group of architecturally unified buildings; said buildings being under one ownership or management, with selected tenants or lessees, and having an integrated parking area.

In conformance with and as defined in article 5, section 5:22.

The paved portion of a public thoroughfare or right-of-way intended for use by pedestrians.

Sound pressure level, in decibels, is the reading of a sound-level meter which conforms to the latest standards of the American Standards Association for Sound-Level Meters. Reading shall be taken in accordance with the latest recommended methods of the American Standards Association for Sound-Level Meters.

That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is not a floor above it, then the space between the floor and the ceiling next above it. A mezzanine floor shall be counted as a story if it covers over one-third of the area of the floor next above it, or if the vertical distance from the floor next above it is 24 feet or more. A basement or cellar shall be counted as a story if its ceiling is over five feet above the level from which the height of the building is measured or if it is used for business purposes or if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same.

A half story is a story situated within a sloping roof, the floor area of which, at a height of five feet above the floor, does not exceed one-half of the floor area in the story directly below it and the height above at least 200 square feet of floor space is seven feet six inches or more.

(a)

Public—A thoroughfare which affords a principal means of access to abutting property and which has been accepted by the city as a public street.

(b)

Private—A thoroughfare which affords a principal means of access to property held under private ownership, ie: condominium, apartment, mobile home park, subdivision, commercial or industrial developments.

(1)

The record plat for the individual development shall denote the intent of said private street and declare the ownership and maintenance responsibility.

A structure is any construction or production of a piece of work artificially built up or composed of parts joined together in some definite manner.

A dwelling in which over-night accommodations are offered or provided for transient guests for a consideration.

Two or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one family.

A use is the purpose for which land or buildings and structures thereon are designed, arranged or intended to be used, occupied or maintained.

The use of any building, structure or land which was lawful at the time of the passage of this ordinance, or amendment thereto, but which use does not conform, after the passage of this ordinance or amendment thereto, with the use regulations of the zoning district in which it is situated.

A modification of the strict application of the provisions of this ordinance, where owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, as determined by the zoning board of adjustments in accord with procedures specified in this ordinance.

A ground area open to the sky, unoccupied and unobstructed. Yard measurements shall be the minimum horizontal distances.

A yard extending across the full width of the lot between the front lot line and the nearest line of the main building.

A yard extending across the full width of the lot between the rear lot line and the nearest line of the main building.

A yard between the side of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be, except that on a corner lot the side yard adjacent to a street shall extend the full depth of the lot.

(a)

Lot width at the front building line shall be at least the minimum required by the specific zoning district.

(b)

Minimum road, street or highway frontage shall be not less than 50 percent of that required at the minimum front/street building setback lines as specified for the zoning district.

Where access to right-of-way is by deed or record plat and the building line measured at the required setback from right-of-way does not satisfy the required lot/parcel width, the building inspector may establish a building line at a point not less than the required lot/parcel width. The building inspector may also determine the front, rear and side yards with consideration given to future development and provisions for access to adjacent property and location of existing structures, residences and topography.

On corner lots, the determination of the front yard shall be made by the owner/applicant.

(1)

Setback lines from roads and/or streets.

(a)

Yards and building setback lines.

(1)

When any required yard abuts a street or roadway with a dedicated right-of-way of 40 feet or more, the setback shall be the standard setback required in that zoning district. The setback shall be measured from the property line.

(2)

When any required yard abuts a street or roadway with a dedicated right-of-way of less than 40 feet, the setback shall be not less than 25 feet plus a setback required in the zoning district affected. The setback shall be measured from the center line of the existing road.

(3)

When any required yard abuts a street or roadway without a dedicated right-of-way, the setback shall be not less than 25 feet plus a setback required in the zoning district affected. The setback shall be measured from the center of the existing street or roadway.

(2)

Corner lot setbacks: The appropriate setback shall be observed on all streets.

(3)

Front setbacks to conform to existing pattern:

(a)

In any residential district, where a majority of the existing residences have established building setback patterns that are predominant to each side of the proposed new residence, the building inspector shall establish the required set back line for conformity with the existing residences.

(b)

Where existing residences have established building set back patterns on only one side of the proposed new residence, the building inspector may use the alignment of the existing residences to establish a set back line for the proposed new residence.

(4)

Gasoline, fuel, lubricating oil, etc.: The following shall apply:

Gasoline pumps, air and water services of retail service stations shall be at least 15 feet from the street or road right-of-way. Canopies over pump islands shall not have any supports beyond the center of the pump island nearest to the property lines.

(5)

Setbacks for accessory buildings: Incidental or accessory buildings (not for occupancy, commercial or industrial use) shall be located to the rear of the principal building (except in agricultural districts not in a recorded subdivision) and shall be not less than five feet from the side yard line and five feet from the rear property line.

(6)

Fences, hedges and shrubbery: At street and/or road intersections, fences, hedges and shrubbery must be kept down to a height that will permit clear view within the vision triangle provided by the required setback lines of both front and side yards, between points three and one-half feet above the crown of such intersecting roads.

(7)

Denied access highways and railroad rights-of-way: Setback requirements along denied access highways and railroad rights-of-way shall not be less than fifteen (15) feet.

(8)

Setbacks for signs: The minimum front setback shall be zero feet from the right-of-way, or 25 feet from the center line of an un-dedicated public road. The side and rear setback shall be the minimum required for the district in which said sign is located.

(9)

See ordinance numbers 3-0297, 4-0297 and 5-0297.

(Ord. No. 2002-12, 5-7-2002)