This ordinance and all subsequent amendments, attachments, and supplements thereto shall be known as the "Irondale Zoning Ordinance."

The City of Irondale is hereby divided into land-use zones designated as follows:

The aforementioned land-use zoning districts and their boundaries as shown on the original map on file in the office of the city clerk, is so designated as the city zoning map, with all notations, references, revisions, official certification, and other information appearing thereon are hereby declared to be a part of this ordinance and as such carry the same force and effect.

No building or structure or part thereof, shall hereafter be erected, constructed, reconstructed, or altered, and no building, structure, or land, or part thereof, shall be used except in conformity with the provisions of this ordinance.

Unless otherwise shown, the zone boundaries are the centerlines of streets, alleys, or the subdividing or boundary lines of recorded plats or the extensions thereof, and where the zones designated on the map and made a part of this ordinance are approximately bounded by the centerline of streets, alleys, or the subdividing of boundary lines of recorded plats, such lines or the extension thereof shall be considered the zone boundaries. Where there is any uncertainty, contradictions, or conflict as to the intended location of zone boundaries due to a variance in actual conditions from that as shown on said map, or due to scale or illegibility of said map, the planning and zoning commission shall have the power and the duty to interpret said map so as to determine, and designate the proper location for such zone boundaries in accordance with the spirit, intent, and purpose of this ordinance, after due notice and hearing to parties owning property involved in such interpretation.

The boundary lines of zones affected by vacation of streets or other rights-of-way shall remain at the center line of the said street of right-of-way before vacation unless this conflicts with a created property line thus affected by the vacation, in which case the zone boundary line shall follow the property line most nearly located to the original center line before vacation.

All annexed areas will acquire a new city zoning classification most similar to its previous Jefferson County zoning classification until a study can be made by the planning board to determine their future classification and proper amendments are made to the zoning map within six months and applicant shall submit a proposed use plan when required by the planning and zoning commission or the city council.

Lot areas shall be determined by lot dimensions. Abutting public thoroughfares, alleys, or other rights-of-way except easements, shall not be included in the determination of lot area. No portion of a lot used in complying with the provisions of this ordinance for yards, lot area per family, or percentage of lot occupancy in connection with an existing or proposed structure shall again be used as part of the lot required in connection with any other structures existing or intended to exist at the same time.

No more than one single-family dwelling shall be placed on a lot-of-record in a single-family zone.

On through (double frontage) lots a front yard, as herein prescribed for the zone, shall be provided on both streets.

Section 3:11-1—Front yard measurements.

Front yard depth shall be the minimum horizontal distance to the front lot line as measured perpendicularly to the structure from any point on the front wall of the main structure. Such measurements shall be equal to or greater than the front yard depth required for the zone.

Section 3:11-2—Rear yard measurements.

Rear yard depth shall be the minimum horizontal distance to the rear lot line as measured perpendicularly to the structure from any point on the rear wall of the main structure. Such measurements shall be equal to or greater than the rear yard depth required for the zone.

Section 3:11-3—Side yard measurements.

Side yards shall be measured as the minimum horizontal distance from the side property line and shall be equal to or greater than the side yards required for the zone.

Note: See section 3:44(2)b.

Section 3:11-4—Yard encroachments.

Every part of any required yard shall be open and unobstructed from the ground upwards except that a rear yard may be used for any allowable accessory building provided that such accessory building shall not be located closer than five feet from any property line and further excepting that fences may be erected provided they comply with section 3:15(c) of this ordinance. Chimneys, ducts, sills, belt courses, cornices, eaves, gutters, unenclosed porches, fire escapes, stairways, balconies, or other similar features may project into any required yard beyond the building setback line 30 inches. Unenclosed porches, decks, and other similar construction may extend into the front yard beyond the building setback line a maximum of five feet, and into the rear yard beyond the building setback line eight feet.

Section 3:11-5—Yard requirements for smokestacks and towers.

A smokestack, radio transmission tower, television transmission tower line, or similar structure, or part thereof, shall not be closer to any property line less than the total height of said structure plus 50 feet. For the purpose of this ordinance the total height of such structure shall be deemed to be the measurement from normal ground grade at its base to its uppermost extremity, or, if fastened to a building, from the lowest point of anchorage of its base to its uppermost extremity. See ordinance 3-0297 for compliance and application procedures concerning towers.

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

Section 3:12-1—Loading space.

On the same premises with every building, structure or part thereto, erected and occupied for the purpose of manufacturing storage, goods display, department store, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or dispatch of vehicles as a necessity for, or incidental to, the operation, function, or use of rebuilding, structure, or part thereof, there shall be provided and maintained adequate space for standing, loading, and unloading services, in order to avoid undue interference with public use of streets or alleys. Each such space shall have a minimum clear height of 15 feet and shall be a minimum of ten feet wide by 40 feet long, where vans are to be received, or a minimum of ten feet wide by 60 feet long, where tractors and semi-trailers are to be received, and there shall be provided:

One space for floor areas up to 20,000 square feet.

Two spaces for floor areas 20,000 to 50,000 square feet.

Three spaces for floor areas 30,000 to 100,000 square feet.

One additional space for every additional 100,000 square feet of floor space.

Section 3:12-2—Loading area site arrangement.

All loading areas shall be provided with safe entrance to and exit from the public thoroughfare. Said entrance and exit may be combined as one, but in no case shall there be more than one exit and one entrance from any one street. Approval for the location of such entrance, exit, and overall layout shall be obtained from the planning and zoning commission. The city engineer shall approve the design and construction thereof in the interests of safety, adequate drainage and other public requirements. The entire loading area shall be paved and graded to properly drain off and dispose of all surface water accumulation. The pavement shall be of concrete or bituminous materials meeting the requirements of the City of Irondale standard construction specifications and specifically designed for anticipated vehicle loads thereon with consideration in design given to actual subgrade soil conditions, which exist on the site of construction.

Section 3:13-1—Off-street parking requirements.

No building or structure or part thereof shall hereafter be erected or altered and no land or part thereof shall be used except where there shall be provided and maintained adequate off-street parking space as herein defined, for the needs of the occupants, tenants, personnel, patrons, clients, or visitors, together with a means of ingress and egress. Parking spaces shall be provided in amounts not less than hereinafter specified, and shall not subsequently be reduced below the requirements of this ordinance.

(a)

Loading space as required in section 3:12 of this ordinance shall not be construed as supplying required off-street parking space.

(b)

Existing off-street parking facilities provided at the effective date of this ordinance and actually being used at that date for the parking of automobiles in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required under this ordinance for a similar new building or new use.

(c)

Whenever a use requiring off-street parking is increased in floor area and use is located in a building existing on or before the date of this ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereinafter specified for that use.

(d)

Off-street parking facilities for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve. The location of required off-street parking facilities for other than one- and two-family dwellings shall be within 300 feet of the building they are intended to serve measured from the nearest point of the off-street parking facilities to the nearest point of the building.

(e)

In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is so mentioned and which said use is most similar to, shall apply.

(f)

In hospitals, bassinets shall not be counted as beds. In stadia, sports arenas, churches, and other places where spectators occupy benches, pews, or other similar seating facilities, each 20 inches of such seating shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this ordinance.

(g)

Not more than 50 percent of the off-street parking facilities required by this ordinance for public or private buildings, may be supplied by off-street parking facilities provided for existing public or private buildings on adjoining properties, provided that said public or private buildings do not operate during regular operating hours of existing public or private buildings, also a written consent agreement between the owners of the aforementioned buildings shall be filed with the application for a building permit.

Section 3:13-2—Collective parking.

Nothing in this section shall be construed to prevent collective provisions for off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking facilities provided collectively shall not be less than the sum of the various individual uses computed separately in accordance with the prescribed requirements as hereinafter specified, except as may be applicable in section 3:13-1(g).

Section 3:13-3—Existing parking.

Any building or structure, or part thereof, which meets the requirements of this ordinance on the effective date thereof or at any subsequent time shall continue to comply fully with the requirements hereof. Any existing building which partially meets the requirements of this ordinance on the effective date thereof or at any subsequent time shall thereafter continue to comply as nearly with these requirements as the highest degree of compliance reached.

Section 3:13-4—Parking area and parking lot site arrangement.

All parking areas shall be provided with safe entrance to and exit from the public thoroughfare. Said entrance and exit may be combined as one, but in no case shall there be more than one exit and one entrance from any one street. Approval for the location of such entrances, exits, and general layout shall be obtained from the planning and zoning commission. The city engineer shall approve the design and construction thereof in the interests of safety, adequate drainage and other public requirements. A minimum space of nine feet × 20 feet exclusive of drives, entrances and exits, shall comprise one automobile parking space. The entire parking area shall be paved and graded to properly drain off and dispose of all surface water accumulation. The pavement shall be of concrete or bituminous materials meeting the requirements of the city standard construction specifications and specifically designed for the anticipated vehicle loads thereon with consideration in design given to actual subgrade soil conditions which exist at the site of construction. Site arrangement shall comply with chapter 5, article 507 and chapter 6, article 602.6 and 602.1 of S. F. P. C. and as updated and adopted by city council.

Section 3:13-5—Parking area and parking lot approval.

Each owner, occupant, or person in charge of any building, or premises, structure, or part thereof, or addition thereto, for which off-street parking facilities are to be required shall submit a plan to the building inspector of said parking area or lot. Such plan shall show, at a scale of not more than 50 feet to the inch, the boundary lines of the property involved, the location and size of building or buildings on said property, parking spaces, driveways, use of property, ingress and egress, construction plans designating paving materials and thicknesses, drainage structures where required, construction plans for boundary or retaining walls, and landscape treatment where required.

Section 3:13-6—Minimum parking space requirements.

When units or measurements determining the number of required off-street parking spaces results in the requirement of a fractional space, any fraction shall require one parking space. For the purpose of this section, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients, patients, or ad tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise. The amount of required off-street parking space shall be determined in accordance with the following table and the space so required shall be stated in the application for a building permit and shall irrevocably be reserved exclusively for such use:

Appliance stores:

One parking space for each 400 square feet of floor area.

Arenas, sports:

One parking space for each four seats.

Assembly halls (without fixed seats):

One parking space for each 35 square feet of floor area.

Asylums:

One and one-half parking spaces for each patient bed.

Auditoriums (other than incidental to schools):

One parking space for each four seats.

Auto repair:

One and one-half parking spaces for each employee, other than service space or floor space.

Banks:

One parking space for each 200 square feet of floor space.

Barber shops:

Two parking spaces for each employee or a minimum of five parking spaces.

Billiard rooms:

One (1) parking space for each table.

Boarding houses:

One parking space for each two beds.

Bottling works:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Bowling alleys:

Three parking spaces for each bowling lane.

Business offices:

Four parking spaces plus one additional parking space for each 200 square feet of floor area over 1,000 square feet.

Cabins:

One parking space for each unit.

Churches:

One parking space for each four seats.

Clinics, medical or dental:

One parking space for each 200 square feet of floor space.

Clubs, civic:

One parking space for each 100 square feet of floor area.

Clubs, private:

One parking space for each 100 square feet of floor area.

Collision shops:

One and one-half parking spaces for each employee, other than service space or floor space.

Community centers:

One parking space for each 100 square feet of floor area.

Convalescent homes:

One and one-half parking space for each patient bed.

Creameries:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Dance halls:

One parking space for each 100 square feet of floor area.

Drive-in banks:

One parking space for each two employees, plus four parking spaces for each teller's window.

Drive-in restaurants:

One parking space for each two employees, plus one parking space for each two seats intended for patrons within the restaurant building, plus one parking space for each 20 square feet of building floor area.

Dwellings, one-family:

Two parking spaces for each dwelling unit.

Dwellings, two-family:

Two parking spaces for each dwelling unit.

Dwellings, multiple:

Two parking spaces for each dwelling unit.

Engineering shops:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Engraving shops:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Exhibition halls:

One parking space for each 100 square feet of floor area.

Fraternal orders:

One parking space for each 100 square feet of floor area.

Funeral homes:

One parking space for each 50 square feet of floor space exclusive of chapel area, plus one parking space for each three employees, plus one parking space for each three chapel seats.

Furniture stores:

One parking space for each 500 square feet of floor area.

Garages, service:

One and one-half parking spaces for each employee, other than service space or floor space.

Gasoline service stations:

One and one-half parking spaces for each employee, other than service space or floor space.

Hardware stores:

One parking space for each 500 square feet of floor space.

Homes for the aged:

One and one-half parking spaces for each patient bed.

Hospitals:

One and one-half parking spaces for each patient bed.

Hotels:

One parking space for each two bedrooms.

Household equipment shops:

One parking space for each 500 square feet of floor area.

Industrial establishments:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Laboratories, research and testing:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day of night, plus one space for each vehicle used in connection therewith.

Libraries:

One parking space for each 500 square feet of floor space plus one parking space for each two employees.

Lodging houses:

One parking space for each two beds.

Machinery sales:

One parking space for each 500 square feet of floor space.

Manufacturing establishments:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Motels:

One parking space for each unit.

Motor vehicle sales:

One parking space for each 400 square feet of floor area.

Mortuaries:

One parking space for each 50 square feet of floor space exclusive of chapel areas, plus one parking space for each three employees, plus one parking space for each three chapel seats.

Museums:

One parking space for each 500 square feet of floor space plus one parking space for each two employees.

Offices:

Four parking spaces, plus one additional parking space for each 200 square feet of floor area over 1,000 square feet.

Orphanages:

One parking space for each ten beds.

Personal service shops:

One parking space for each 500 square feet of floor space.

Pool rooms:

One parking space for each table.

Post offices:

One parking space for each 300 square feet of floor space, plus one parking space for each one and one-half employees.

Printing shops:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Professional offices:

One parking space for each 200 square feet of floor space.

Retail stores (except as otherwise specified herein):

One parking space for each 200 square feet of floor area.

Restaurants (except drive-in restaurants):

One parking space for each two employees, plus one parking space for each two seats intended for patrons within the restaurant building.

Sanitariums:

One and one-half parking spaces for each patient bed.

Schools:

One parking space for each one and one-half employees (including teachers, administrators, and other employees).

Stadia:

One parking space for each four seats.

Storage building:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Theatres:

One parking space for each four seats.

Tourist homes:

One parking space for each unit.

Union halls:

One parking space for each 100 square feet of floor space.

Warehouses:

One parking space for each one and one-half employees, computed on the basis of the greatest number of persons employed at any one period during the day or night, plus one space for each vehicle used in connection therewith.

Wholesale stores:

One parking space for each 500 square feet of floor space.

Whenever any greenbelt is required by the provisions of any section of this ordinance, the width of the greenbelt may be included in the width of any yard which is required for the parcel containing such greenbelt and which is situated within and along the same boundary as the greenbelt. All greenbelts shall consist of trees and shrubs of such kind as may be approved by the planning and zoning board.

Section 3:14-1—Landscaping/site requirements.

a.

In the following zones, O, Inst., C-1, C-2, C-3, I-1, I-2, I-3, R-4, R-6 and certain zones in special use zones, a site preparation plan including B.M.P.'s for erosion siltation control along with a final proposed landscaping plan may be required by the planning and zoning board or the city engineer for approval prior to site construction and building permits being issued. The approved plan must be complied with or the building inspector shall not issue a certificate of occupancy until the site is brought into compliance.

b.

Plan requirements: Building footprint, building elevations, if necessary, parking lot configuration, all concrete curbs, grassed areas, planted areas, types of shrubs or trees and fencing or as required for review and approval.

Except as herein provided, no building or structure shall be erected or altered to exceed the height limit established by this ordinance for the zone in which such building or structure is located. No building or structure shall be erected, nor shall an existing building or structure be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building of structure be encroached upon or reduced in any manner, except in conformity with the regulations hereby established for the zone in which such building or structure is located, provided:

(a)

The height of public or semi-public buildings, churches, cathedrals, temples, hospitals, sanitariums, or schools shall not in any case exceed 100 feet, and if the height of any such building exceeds the height allowed in the zone wherein the building is located, then all required yard dimensions shall be increased by not less than one foot for each one foot of the building exceeds the height allowed in the zone concerned.

(b)

Chimneys, church towers and steeples, roof structures (penthouses) for the housing of elevators, stairways, tanks, heating, ventilating, and/or air conditioning equipment, fire-walls, skylights, electrical transmission and communication poles, towers and antennae, theatre screens, flag poles, smoke stacks, water tanks, silos, signs, conveyors, or similar structures, may be erected above the height limits established for the zone in which such structure is located provided the requirements of section 3:15(a) herein before specified are met.

Also see Ordinance 3-0297.

(c)

Fences located in front yards of all residential zone districts, E-1, R-1, R-2, R-3, R-4, R-5, R-6 and R-7 shall not exceed a height of four feet and fence structures or plantings higher than four feet shall not be permitted within 25 feet of any street intersection in any zone or otherwise block a safe site distance of vehicular traffic. This shall apply only to the residential zoning districts mentioned above.

Any building requiring yard space shall be located at such an elevation that sloping grade shall be maintained to cause the flow of surface water to run away from the wall of the building. In addition, a continuous sloping grade shall be established and maintained over the entire lot in conformance with adjacent property grades and the natural flow of surface drainage. However, this shall not prevent the grading of a yard space to provide sunken or terraced areas provided proper means are constructed and maintained to prevent ponding or abnormal runoff of surface water flowing onto adjacent properties. When a new building is being constructed on a lot between two existing buildings or adjacent to an existing building, the existing established grades shall be considered in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and avoid an increase or concentration of runoff of surface water to flow on to the adjacent properties. All proposed grades shall be approved by the building inspector and/or the city engineer. All proposed grades, along with existing grades, shall be submitted for approval in the form of a topographic grading plan utilizing two-foot maximum contour intervals when required by the city engineer.

Any building or structure for which a building permit has been issued and the construction of the whole or a part of which has been started, or for which a contract or contracts have been entered into pursuant to a building permit, issued prior to the effective date of this ordinance, may be completed and used in accordance with the plans and application on which said building permit was granted.

Any building or structure which is to be moved into or within the limits of the city, regardless whether its origin or destination be outside the municipal limits of the city, shall be considered for the purposes of this ordinance to be a new building under construction, and as such shall conform to the applicable provisions of this ordinance.

A building or structure or part thereof, or land constructed or used to a lesser height, area or bulk than originally planned, prior to the effective date of this ordinance, may be erected or completed and thus used to its full height, area and bulk, provided the building inspector and/or city engineer approves such extension, enlargement or addition as being in accordance with the original intent when the building or structure was erected and as being not injurious to the surrounding neighborhood and not contrary to the spirit, intent, and purpose of this ordinance.

No building, structure or part thereof, shall be erected, altered or used, or premises used, in whole or in part, for both business purposes and dwellings when the business portion of the building, structure, or part thereof conforms to one or more of the following specified uses:

(1)

Dry cleaning establishments, having dry cleaning equipment on the premises.

(2)

Motor vehicle service and gasoline service stations.

(3)

Paint sales.

(4)

Any building which stores or has incidental to its use, inflammable, hazardous, or explosive material on the premises.

(5)

Poultry sales or storage.

(6)

Meat sales.

(7)

Fish and seafood sales.

(8)

Produce sales or storage.

(9)

Perishable food sales or storage.

(10)

Restaurants.

(11)

Liquor bars, cafes, taverns, or any retail sales of liquor or beer for consumption on the premises.

(12)

Any use causing smoke, noise, fumes, or disagreeable odors deemed undesirable for dwellings by the planning and zoning commission.

Further, said dwelling shall have provided a minimum floor area of not less than 800 square feet and a usable lot area of not less than 4,000 square feet. The dwelling shall conform to the required setbacks of the district. The business use shall provide a lot area in addition to the above lot area for the required yard space and the required off-street parking as provided under section 3:13.

The use of land or a structure or part thereof exactly as such lawfully existed at the time of the enactment of this ordinance, although such use of structure does not conform to the provisions of this ordinance, may be continued except as provided herein. Such a use, where lawfully continued pursuant to the provisions of this section shall, for the purpose of this ordinance, be known as a "valid nonconforming use", but where such a use is not thus lawfully continued the same, for the purpose of this ordinance, shall be known as an "invalid nonconforming use".

1.

Provisions.

a.

Continuance of nonconforming uses and structures: The lawful use of a structure or the lawful use of land existing at the time of the effective date of this ordinance may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of the same or a more restrictive classification or to a conforming use, but such use shall not hereafter be changed to a less restrictive classification.

b.

Discontinued Nonconforming uses: In the event that a structure or premises occupied by a nonconforming use becomes and remains discontinued for a continuous period of six months, the use of the same shall thereafter conform to the use regulation of the district in which such structure or premises is located.

c.

Structural extensions and alterations: No structure or premises occupied by a nonconforming use shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use which conforms to the use regulations of the zone in which such structure or premises is located; provided, however, that a structure or premises may be physically enlarged, extended, reconstructed or structurally altered to the extent necessary for compliance with any existing and applicable law or ordinance specifying minimum standards of health and safety.

d.

Use extensions: No nonconforming use shall be enlarged, extended or expanded unless such use is changed to a use which conforms to the use regulations of the zone in which such use is located.

e.

A structure or building conforming to the use regulations of the zone in which it is located but not conforming to any other provision of these regulations may be enlarged, extended or expanded provided that such enlargement, extension, or expansion conforms to all regulations required in the zone.

f.

Destruction: Any building or structure damaged by explosion, fire, act of God or the public enemy to the extent of more than 75 percent of its fair market value immediately prior to said damage, shall not be restored except in conformity with the regulations of this section.

2.

Termination.

A valid nonconforming use shall be terminated under the following conditions:

(a)

A change of the actual use of a building or parcel of land from a valid nonconforming use to a use expressly permitted within the zoning district in which such building or parcel is located.

(b)

Actual discontinuance of such valid nonconforming use for a period of six months, either as to the whole or any part of a building or parcel of land.

(c)

Damage to the extent of more than 75 percent of the appraised market valuation of a building or structure by fire, explosion, collapse, or acts of God occurring subsequent to the effective date of this ordinance.

(3)

Restoration.

This ordinance shall not prevent the restoration, repairing or rebuilding of any valid nonconforming building or structure damaged to the extent of 75 percent or less of its appraised market valuation, at the time of a damage occurred, by fire, explosion, collapse, or act of God.

(4)

Repair.

This ordinance shall not prevent the repair, reinforcement or reconstruction of a valid nonconforming building, structure, or part thereof existing at the effective date of this ordinance, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of such work shall not exceed 50 percent of the appraised market valuation of such building or structure at the time such work is done, nor shall any provision of this ordinance prevent compliance with the provisions of any building code in effect in this city.

(5)

Exceptions.

This ordinance shall not prevent any alteration, improvement, repair, strengthening, rehabilitation, or reconstruction of any kind deemed necessary by the building department, the department of health, or the department of public safety, or by and of the divisions of said departments, for the protection of the public health, safety and welfare.

(6)

Appraised market valuation.

For the purpose of this ordinance, appraised market valuation of a building or structure shall be deemed to be its appraised valuation as determined by a board of not less than three competent appraisers.

Lots of record, at the effective date of this ordinance, having less area or less width than herein required shall be permitted to be used not withstanding limitations imposed by the area and width provisions of this ordinance. However, this provision shall not apply when two or more such lots exist with continuous frontage in single ownership at the time of passage of this ordinance or anytime thereafter. Such lands shall be considered to be an undivided parcel for the purpose of this ordinance and shall not be used or sold in a manner which creates a lot with width or area below the requirements stated in this ordinance.

Essential services shall be permitted as authorized and regulated by law and ordinances of the city and by the state, it being the intention hereof to except such essential services from the requirements of this ordinance, provided that heating and power plants, coal, coke, and fuel yards, storage yards, sewage disposal plants, water and gas tanks, railroad yards, transfer and storage tanks shall only be permitted in industrial zones. Also see ordinance numbers 3-0297, 4-0297 and 5-0297.

No garbage, sewage, filth, refuse, waste, trash, debris or rubbish, including cans, bottles, waste paper, cartons, boxes and crates, tires or other offensive or obnoxious material or matter, shall be kept in open containers or piled, placed, stored or dumped on any land within the city, except in accordance with the regulations set forth in the laws and ordinances of the city. All waste material, trash, and rubbish must be disposed of at least once in each week; and provided further, that nothing contained in this ordinance shall prevent the reasonable use of garbage, fertilizers, manure and similar material, for the improvement of land situated within any zone which is being utilized for farming purposes, where such use is not carried on in an unhealthy or unsanitary manner and does not constitute a menace to the health and welfare of the public or a nuisance to the surrounding area.

The removal of soil, sand, clay, gravel, minerals, coal, or similar material as herein specified shall not be removed commercially or for financial profit, and shall only apply to the moving, grading, or leveling of soil, sand, clay, gravel or similar material within a parcel of land for reasonably immediate use of such parcel of land.

(1)

Approval.

No permit will be granted for the removal of soil, sand, clay, gravel, coal, minerals or similar materials nor hereafter removed from any land within the limits of the city unless a public hearing is held prior to the removal of subject material. The public hearing and subsequential approval or denial for a permit shall be subject to any limitations or requirements set out by the planning and zoning commission.

(2)

Requirements.

No permit for the removal of soil, sand, clay, gravel, coal, minerals or similar material shall be issued, except when such removal shall be in compliance with the following specified requirements:

(a)

No soil, sand, gravel, clay, minerals or similar material shall be removed below a point six inches above the mean elevation of the center line of the nearest existing street or road by quarrying, stripping, or open field mining operations except as approved by the planning and zoning commission.

(b)

No soil, sand, gravel, clay, minerals or similar material shall be removed in such a manner as to cause water to collect or as to result in a menace or danger to the public health, safety, or welfare.

(c)

Ingress of vehicles to the site of removal of subject material and egress from said site shall be protected by such traffic control measures as shall be deemed necessary by the planning and zoning commission and the city engineer. Owners of said property where such operations are planned shall bear the full expense for damage to street pavement due to excessive loads. Owner shall maintain street pavement adjacent and adjoining site at his sole expense at the direction of the city engineer.

Fowl or livestock shall not be permitted in any zone, where applicable, except when in conformance with the following provisions: (SEE SECTION 3:39).

Swine shall be housed not less than 200 feet from any use permitted in any residential or business zone, other than the residence of the owner, with at least 3,000 square feet of lot area for each mature animal.

Horses and cows shall be housed not less than 150 feet from any primary structure in any residential or business zone, other than the residence of the owner, with at least 15,000 square feet of lot area for each animal.

Fowl, rabbits and other small animals shall be housed not less than 200 feet from any use permitted in any residential or business zone, other than the residence of the owner, with a maximum of 20 such fowl or animals for every 8,000 square feet of lot area.

(Ord. No. 2018-22, 11-20-18)

No gasoline, fuel, lubricating oil, refractories, processing plants, distribution plants, pipeline terminals, storage tanks, loading platforms and other similar uses which involve the handling of petroleum products shall be permitted in any zone except upon approval by the planning and zoning commission and when in conformance with the following provisions:

(1)

Loading platforms shall be set back from the closest property line a minimum of 150 feet.

(2)

All above ground storage tanks shall be provided with separate containment reservoirs, each reservoir being of sufficient capacity to insure containment of the storage tank contents when completely full in the event of rupture or leak. Such containment reservoir shall be lined with an appropriate material to prevent infiltration into the ground by the storage tank contents and to facilitate clean-up operations. Such reservoirs shall be set back from the closest property line a minimum of 200 feet.

(3)

All above ground storage tanks shall comply with NFPA-30 and 30-A, and all other governmental regulations.

(a)

Provision for safe supply.

In the interests of protecting the public health and welfare, every building or structure hereafter erected, altered, or moved upon any premises and used in whole or in part for human habitation, including buildings to be used for dwellings, business, recreational, commercial, industrial or other purposes, shall be provided with a safe and sanitary water supply conforming to standards of design and location as approved by the city and the state and county health authorities.

(b)

Public water supply.

Where a public water supply is available, every fixture from which water for human consumption can be obtained shall be supplied with water from such supply system, except where a private water supply system meets all applicable health and sanitary requirements. Connections between the public and private supplies is expressly prohibited due to potential contamination of the public supply by the private supply.

(c)

Outdoor toilets.

No land or building or structure or part thereof, within the limits of the city shall hereafter be used, erected, altered, or converted, for an outside toilet of any type. If a public sewer system is not available, lavatory facilities shall be installed and connected to a septic tank and drainage field system as approved by the county health authorities.

More than one multiple dwelling, institutional, commercial or industrial building or structure may be located upon a lot or tract, but such buildings or structures shall not encroach upon the front, side or rear yards, or other open space required by the zone regulations or other requirements of this ordinance.

In all residential districts, including A-1 recorded subdivisions, but excepting A-1 tracts, the construction of the principal building must take place prior to the establishment or construction of an accessory building.

The minimum yards or other open spaces required by this ordinance for each and every building hereafter erected, moved or structurally altered shall not be encroached upon or considered to meet the yard or open space requirements of any other building.

(1)

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

(2)

Minimum road, street or highway frontage shall be not less than 50 percent of that required at the minimum front building setback lines as specified in each zone.

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 in relations to the dwelling structure.

Note: See section 3:44(2)b.

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

No yard or lot existing at the time of passage of this resolution shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this resolution shall meet at least the minimum requirements established by this resolution.

In cases where a buffer strip, greenbelt or privacy fence is required or deemed necessary by the planning and zoning commission for the protection and/or separation of uses on adjoining properties or parcels, the following elements shall constitute the minimum requirements for each (unless otherwise specified in individual cases):

(1)

For a buffer strip or greenbelt, see section 2:39 (as required).

(2)

For a privacy fence, a solid wooden fence, six feet in height, erected on the interior of the property in question at least 15 feet from and parallel to the property line(s) abutting the parcels that are to be screened. The land area between the privacy fence and the property line shall be grassed, landscaped or otherwise maintained as a buffer strip or green belt, and both said grassed or landscaped area and the fence shall be perpetually maintained neat and orderly in appearance by the owner of the property.

Every building hereafter erected or moved shall be located on a lot, tract or parcel and in no case shall there be more than one principal residential building and its accessory structures and uses.

Every residence, business, trade, or industry hereafter established and requiring water supply and sewage disposal facilities shall provide such facilities conforming to standards of design and location approved by the state and county health authorities, and/or the county sanitation engineer.

No livestock, poultry, swine or fowl shall be permitted in any residential zone except A-1, not in a recorded subdivision.

A maximum of five laying hens may be allowed in A-1 recorded subdivisions, E-1 Single Family Estate Zones, R-1 Single Family Zones and R-2 Single-Family Zones subject to the following:

(1)

A permit must be obtained and approved for an accessory building for five laying hens by the city building inspector (laying hens are defined as egg-producing chickens for private/personal consumption only).

(2)

The permit is subject to approval based on the requirements and regulations of the adopted procedures and requirements of the accessory building permit for five laying hens.

(3)

Said requirements and procedures of the accessory building permit for five laying hens are hereby adopted and made a part of this amendment.

(Ord. No. 2018-22, 11-20-18)

Garage apartments and guest houses will be permitted on appeal to and approval of the board of zoning adjustment or planning and zoning commission.

The height limitations, if any, of this resolution shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, masts, aerials and similar structures, except as otherwise proved in the vicinity of airports, as required by FAA regulations.

(1)

Cellular site: A parcel of land or building (leased or purchased) on which is located one or more transmitter/receiver stations for wireless communication systems. In cases involving vacant land or low-lying existing structures, a support structure for transmitter/receiver antennas are usually required.

(2)

Mini-cellular site: A parcel of land or building (leased or purchased) on which is located one or more transmitter/receiver stations for wireless communication systems, such that towers and/or antennae do not exceed 20 feet in height, and "whips," "panels," and parabolic "dishes" do not exceed 100 square feet.

(3)

Antenna support structure: Any structure on which radio antennas and cabling can be attached. Typically this includes steel towers with guy-wires (guy towers); wooden, steel or concrete single poles (monopoles); self-supporting steel towers with three or four "leg" (towers); faces of existing buildings or structures such as elevated water storage tanks and faces or rooftops of multistory buildings.

(4)

Antenna: An electromagnetic device which conducts radio signals, through an attached cable or waveguide, to or from a radio transmitter or receiver. Typically this includes "whips," "panels" and parabolic "dishes."

(5)

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

All petitions and/or applications for use permits covering the sale of alcoholic beverages shall be referred to the city police department for investigation and said police department findings shall be filed with said petition or application. Legal description of property must accompany each application for use permit or change of zoning. An application fee for all liquor applications requiring a public hearing will be assessed in accordance with city ordinances.

Section 3:44-1—Setback lines from roads and/or streets.

(1)

Yards and building setback lines.

a.

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.

b.

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.

c.

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.

d.

When any development has private streets, the setbacks shall be the minimum required in the district or as required within the district. (When private streets are planned for any development, all plans and site information required must denote the streets as private and declare the ownership and maintenance declaration of same.)

(2)

Corner lot setback.

a.

The appropriate setback shall be observed on all streets.

b.

On all corner lots the setback shall be the same for all streets as required for the front yard within the zoning district.

c.

Structures built prior to the adoption of Section 3:44(2)(b) above shall remain as a conforming structure, and may be enlarged, extended or expanded, provided that such enlargement, extension or expansion conforms to all regulations that were required precedent to the adoption of this amendment.

(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:

a.

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.

a.

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 and meet the provisions of article 2, section 2:98.

(6)

Fences, hedges and shrubbery.

a.

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.

a.

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

(8)

Setbacks for livestock barns.

a.

In agricultural zones, the minimum setback of livestock barns and commercial chicken (fowl) houses from adjoining property lines shall be 100 feet; and from highway (road) right-of-way lines shall be 300 feet, provided, however, that no livestock barn or commercial chicken (fowl) house shall be built closer than 300 feet to the nearest then existing residence other than that of the owner. Swine (hogs) are to be housed, fed and/or watered no nearer than 100 feet to any adjoining property line or within 300 feet of any road or road right-of-way.

(9)

Setbacks for signs.

a.

The minimum front setback shall be zero feet from the right-of-way, or 25 feet from the center line of an undedicated public road. The side and rear setback shall be the minimum required for the district in which said sign is located all signs shall comply as provided in article 5, section 5:22.

b.

When districts requiring a side and rear setback of 35 feet abut a residential use there shall be a buffer strip/privacy fence planted/erected and maintained in accordance with article 2, section 2:39.

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

(1)

Minimum requirements for distances between buildings shall be:

Between residences and accessory buildings as required by NBFUC.

The building inspector may also, in cases of practical difficulty or unnecessary hardship, grant the following exceptions in a residential district:

(1)

For yard requirements for stoops, steps, decks, chimneys, bay windows, etc.:

a.

Up to five feet for uncovered front or rear stoops or steps.

b.

Chimneys, bay windows, etc. may project no more that 30 inches into the required rear or side yards provided they are not more than ten feet in width.

c.

Uncovered rear decks may project not more than eight feet into the minimum required rear yard.

The owner of any dwelling unit shall provide and maintain light, ventilation and space conditions in compliance; and a person shall not occupy as an owner occupant, nor permit another person to occupy, any dwelling that does not comply with the following requirements of this Section 3:47, and the following Sections: 2:23 Dwelling—One Family; Section 2:24 Dwelling—Two Family; Section 2:26 Dwelling Unit; and Section 2:29 Family, and or other code requirements.

a.

Every habitable space shall have at least one window of approved size per building code requirements facing directly to the outside. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room.

Exception: Where natural light for rooms or spaces without exterior glazing is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the interior room or space, but not less than 25 square feet.

b.

Every common hall and stairway shall be lighted with incandescent light as per building code requirements. Every means of ingress and ingress shall be lighted as per the building code.

c.

All other spaces shall be provided with natural or artificial light to permit the maintenance of sanitary conditions and the safe occupancy of the space and utilization of the appliances and equipment and fixtures.

d.

Every habitable space shall have at least one operable window. The total openable area of the window in every room shall be equal to 45 percent of the minimum glazed area in subsection a. above:

Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the outdoors shall be based on the total floor area being ventilated and shall meet all building code requirements.

e.

Every bathroom and toilet room shall comply with the ventilation requirements as per the building code specifications and requirements.

f.

Cooking facilities, unless approved through the certificate of occupancy, shall not be permitted in any room or space except the designated kitchen area as approved and constructed in the original construction and building permit for the dwelling, or as re-permitted and approved as an addition or remodeling of the dwelling.

Exception: Where specifically approved in writing by the code official.

g.

Every bedroom occupied by one person shall contain a minimum of 70 square feet and every bedroom occupied by more than one person shall contain at lest 50 square feet of floor area for each occupant thereof.

h.

Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

i.

Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Also every bedroom in a dwelling unit shall have access to at least one water closet and one lavatory located in the same story as the bedroom.

j.

Kitchens and non-habitable spaces shall not be used for sleeping purposes.

k.

Bedrooms shall comply with all adopted building code requirements including but not limited to light, ventilation, room area ceiling height, plumbing facilities, heating and cooling facilities, electrical receptacle requirements and, the smoke detector requirements.

l.

Dwelling units shall not be occupied by more occupants than the number allowed as per the zoning district and definition of use thereof.

m.

Rental dwelling units and those individual dwelling units not meeting the definition of family within the single family and duplex dwelling definitions for residential occupancy must meet the following criteria for the minimum area requirements for bedrooms and or apply for and receive a variance to these requirements from the zoning board of adjustment for each variance requested.

(1)

Owners of all rental dwelling units in residentially zoned areas must comply with all City of Irondale licensing requirements and all building codes and all other regulations and requirements for rental dwellings.

(2)

The owner shall be responsible for the compliance of all dwelling units and with the compliance of each rental unit with the above requirements of this section and all other sections and codes of the City of Irondale pertaining to dwelling units.

(3)

Resident or non resident owners of residential dwelling units privately owned and not classified as rental dwelling shall be responsible for complying with the above requirements of this Section and all other Sections and Codes of the City of Irondale pertaining to dwelling units.

n.

Violations of the above requirements shall be subject to Section 6:07 — Penalties of the Zoning Ordinance of the City of Irondale, the city building code, City of Irondale Licensing Codes and all other regulations and codes that may be associated with violations and penalties requirements. Each violation of each such requirement shall constitute a separate offense.

o.

All dwellings shall comply with the Occupancy Requirements as set out above within 30 days of the adoption of Section 3:47 by the City Council of the City of Irondale. All dwellings not meeting the requirements of the light and ventilation requirements of Section 3:47 may be grandfathered from compliance. All dwelling units constructed and or converted to rental dwelling units, owner occupied or non-residential dwelling owner, after the date of adoption shall comply with all of the above requirements before a rental license will be issued by the City of Irondale.

(Ord. No. 2000-80, § 3, 10-17-2000)