ZONE REGULATIONS
This is an agricultural zone, with a low population density, the use of land is primarily for general farming and related functions generally associated with farming, single family residences and related accessory uses.
Section 4:01-1—Uses permitted.
In the A-1 zones, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
Single-family dwelling provided, however, recording of new subdivisions with lots of three acres or more only shall be permitted.
(2)
Apiary.
(3)
Dairy.
(4)
Dog kennel with outside runs. No retail sales.
(5)
General farming.
(6)
Greenhouse and nursery, wholesale only.
(7)
Home occupations, clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the zone 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 and vehicular traffic or any other conditions which would constitute an objectionable use of agriculturally zoned property.
(8)
Poultry farm.
(9)
Rabbit and other animal farms.
(10)
Ranching.
(11)
Removal of chert (temporary use only) maximum six months.
(12)
Recreational camps, river camps, etc. (plat to be approved by the planning and zoning commission).
(13)
Sale and storage of farm products grown on the premises.
(14)
Truck farming.
(15)
Signs, when in conformance with article 5, section 5:22.
Section 4:01-2—Area/dimensional regulations and other requirements.
*All new lots recorded as a subdivision.
ADDITIONAL REQUIREMENTS
See article 3, section 3:26
This is a residential zone and is the most restrictive zone established by this ordinance. The use of land is primarily for single-family residences and related accessory uses.
Section 4:02-1—Uses permitted.
In the E-1 zones no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
Single family dwellings.
(2)
Temporary construction trailers and temporary buildings necessary for the construction of a permitted use, under a temporary permit not exceeding one year in duration.
(3)
Signs, when in conformance with article 5, section 5:22.
(4)
Accessory buildings provided that such buildings, including garages, shall be erected and maintained only as accessory to the dwelling situated on the same lot or grounds.
(5)
Home occupations, when situated within the dwelling and fulfilling the requirements of a home occupation as defined in this ordinance, upon approval of the board of zoning adjustment.
(6)
The leasing of sleeping rooms by a resident family provided the total number of roomers or boarders does not exceed two in any one dwelling.
Section 4:02-2—Area/dimensional regulations and other requirements.
This is a residential zone in which population density is slightly higher than in the E-1 zone, but with basic use restrictions remaining similar to those of E-1. The use of land is primarily for single-family residences and related accessory uses.
Section 4:03-1—Uses permitted.
In the R-1 zones no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
Single family dwelling.
(2)
Temporary construction trailers necessary for the construction of a permitted use, under a temporary permit not exceeding one year in duration.
(3)
Signs, when in conformance with article 5, section 5:22.
(4)
Accessory buildings provided that such buildings, including garages, shall be erected and maintained only as accessory to the dwelling situated on the same lot or grounds.
(5)
Home occupations, when situated within the dwelling and fulfilling the requirements of a home occupation as defined in this ordinance, upon approval of the board of zoning adjustment.
(6)
The leasing of sleeping rooms by a resident family provided the total number of roomers or boarders does not exceed two in any one dwelling.
Section 4:03-2—Area/dimensional regulations and other requirements.
This is a residential zone in which population density is slightly higher than in the R-1 zone, but with the basic use restrictions remaining similar to those of R-1. The use of land is primarily for single-family residences and related accessory uses.
Section 4:04-1—Uses permitted.
In the R-2 zones no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
All uses permitted in R-1.
(2)
Signs when in conformance with article 5, section 5:22.
Section 4:04-2—Area/dimensional regulations and other requirements.
This is a residential zone of medium to high population density. The principal use of land is to provide two-family or duplex structures and related accessory uses.
Section 4:05-1—Uses permitted.
In the R-3 zones, no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
All uses permitted in R-2 zones.
(2)
Two-family duplex dwellings.
Section 4:05-2—Area/dimensional regulations and other requirements.
This is a residential zone of medium to high population density. The principal use of land is to provide multi-family structures and related accessory uses.
Section 4:06-1—Uses permitted.
In the R-4 zones, no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
Condominiums.
(2)
Multi-family apartment dwelling buildings.
(3)
Nurseries for pre-school age children with the approval of the planning and zoning commission.
(4)
Related uses: maintenance buildings, laundromats, etc.
Section 4:06-2—Area and dimensional regulations and other requirements for multi-family dwellings (other than duplex).
In the permitted uses shown above under Section 4:06-2, the area and dimensional regulations set forth in the following table shall be observed;
Note: Side yards may be reduced to a minimum dimension of fifteen (15) feet if adjoining property is zoned commercial.
a.
Setbacks shall be measured in accordance with Section 3.44—Exceptions and Modifications to Area and Dimensional requirements or as required herein.
b.
No building located in R-4 Multifamily District shall be located nearer a dedicated exterior street than thirty (35) feet. No dwelling unit or building shall be located nearer to a private drive than ten (10) feet. All buildings shall be separated by not less than sixteen (16) feet.
Section 4:06-3—Interior living space.
(Ord. No. 2006-11, 3-21-06)
This is a residential zone of medium to high population density. The principal use of land is to provide multi-family structures and related accessory uses.
Section 4:06A-1—Uses permitted.
In RCD zones no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
Condominiums (single family residential dwellings).
(2)
Related uses: maintenance buildings, laundromats, covered pool areas, etc.
Section 4:06A-2—Area and dimensional regulations for condominium-residential dwellings.
In the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
Building Height
Vertical measure: 110 feet or 8 stories whichever is highest. (Vertical height is measured on the building front from the ground elevation to the top (roof) of the highest finished dwelling unit.)
Note: Side yards may be reduced to a minimum dimension of thirty (30) feet if adjoining property is zoned commercial and/or industrial.
a.
Setbacks shall be measured in accordance with Section 3.44 Exceptions and Modifications to Area and Dimensional requirements or as required herein.
b.
No building located in an RCD district shall be located near a dedicated exterior street closer than Fifty (50) feet. No dwelling unit or building shall be located closer than ten (10) feet to a private drive. All buildings shall be separated by no less than forty (40) feet.
c.
Building coverage. No more than 40% of the lot may be covered by principal and accessory buildings, except that where parking is located within the structure, the maximum coverage may be increased to 50%.
d.
Additional development requirements:
(1)
Placement of drives and parking areas: No drive or parking area shall be located closer than twenty five (25) feet from any lot line, unless there is adequate buffering as determined by the planning and zoning commission.
(2)
Spacing of buildings: Detached principal or accessory buildings shall not be placed closer than forty (40) feet from any other building.
(3)
Recreation area required:
(a)
No less than 8% of net development acreage shall be designated for recreational usage.
(b)
The 8% of land area shall not include land used to provide minimum yard requirements, parking areas for dwelling units, or streets.
(4)
Separation of more than 150 dwelling units:
(a)
Individual site plans shall not be approved for more than 150 dwelling units unless there is at least a 25-foot landscaped or natural buffer screen separating the different portions of the plan.
(b)
A buffer screen compliance of 15 feet will be required on the side and rear lot lines, and a landscaped buffer area will be required on the front lot line of the development.
(5)
The building structure must be provided with a sprinkler system for each residential unit, maintenance building, garage area, and any other structure as determined by the fire marshal.
e.
Reference to additional regulations:
(1)
In addition to the above, all applicable off-street parking, loading, sign, buffer, and supplemental regulations shall apply to uses within this district.
(2)
The developer shall provide a letter to the planning and zoning board at the public hearing from the respective utilities as to their capability of serving the development. In addition, a final letter of capacity to serve the development and building structures for fire protection shall be submitted before a building permit is issued.
(3)
The plans for the structures and site development shall be signed by an Alabama registered architect, engineer, and a fire protection engineer respectively.
(4)
The plans must provide adequate provisions for the city fire department equipment to safely serve the development.
(Ord. No. 2006-52, § 2, 2-6-07)
This is a residential zone of medium to high population density. The principal use of land is to provide town house structures. Internal stability, safety, attractiveness, order and efficiency in the use of land are encouraged by providing for adequate light, air and open space for dwelling and related facilities and through consideration for the proper functional relationships of the different land uses within the zone.
Section 4:07-1—Uses permitted.
In the R-5 zones, no building or structure except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
Town house dwellings.
(2)
Accessory structures in conformance with article 2, section 2:98. One (1) per lot not to exceed two hundred (200) square feet.
Section 4:07-2—Area/dimensional regulations and other requirements.
ADDITIONAL REQUIREMENTS
This is a residential zone of medium to high population density. The principal use of land is for the flexible and orderly arrangement of large planned residential areas designed as a single unit incorporating single family detached to multiple family structures and other compatible uses. This zone is intended to be defined and protected from encroachment of uses which are not compatible with residential environments. Internal stability, safety, attractiveness, order and efficiency in the use of land are encouraged by providing adequate light, air and open space for residences and related facilities and through consideration for the proper functional relations of the different land uses.
Section 4:08-1—Uses permitted.
In R-6 zones, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided in this ordinance, except for the following uses:
1.
Residential single-family dwellings.
2.
Duplex dwellings.
3.
Multi-family dwellings.
4.
Institutional I and II uses.
5.
Office and C-1 commercial uses.
6.
Accessory structures and uses customarily incidental to the above permitted uses in accordance with article 2, section 2:98.
7.
Additional uses as may be approved based upon site plan review by the planning and zoning commission.
8.
Signs shall be permitted only in accordance with article 5, section 5:22 of this ordinance; however, business signs shall be further limited to identification signs placed upon the structures or individual businesses themselves, and shopping center identification signs placed within such designated commercial district. No outdoor advertising signs or billboards will be permitted in a planned unit development district.
Section 4:08-2—Definitions.
The following definitions shall apply to terms used in the regulations for a planned unit development district:
a.
Common open space—Land area of the site which is accessible and available to all occupants of dwelling units for whose use the space is intended, reserved primarily for the leisure and/or recreational use of the development's residents and is not covered by buildings (except recreational structures), right-of-ways, institutional and commercial uses.
b.
Gross site area—Total land area to be classified as a planned unit development district.
c.
Land use district—Delineation of land area intended for a specific use, including commercial development, institutional sites, the various types of single and multi-family housing (as defined herein), etc.
d.
Net residential density—Number of dwelling units per acre by specific type (e.g., single family residences, multi-family, town houses, etc.) for each specific residential district.
e.
Planned unit development—A development project comprehensively planned as a single entity via a unified site plan which permits flexibility in siting and development design, mixtures of housing types and land uses, usable open spaces and the preservation of natural features; such a project shall hereinafter be referred to as "the development."
f.
Public open space—Land reserved for leisure and/or recreational use but dedicated in fee to a governing body or agency to be responsible for operation and maintenance; such land is therefore not for the exclusive use of the development's residents.
Section 4:08-3—General regulations and guidelines.
a.
The permitted number of dwelling units should in no case exceed the number which could be permitted in accordance with the minimum lot size and density requirements of each individual district.
b.
Office, institutional and commercial shall meet the requirements of each district as required by the individual district.
c.
All pertinent regulations specified elsewhere in the zoning ordinance that may be applicable, including minimum parking requirements, water supply and sewage disposal, density schedules, etc., shall be in force.
d.
All setbacks shall be those of each zone as required within that zone.
Section 4:08-4—Procedure of application for a planned unit development district.
a.
Pre-application conference. Before filing any application for a planned unit development district, the prospective applicant shall submit to the planning and zoning commission the preliminary development plans and sketches and basic site information for consideration and comments as to the relation of the proposal to general development objectives in the area, city policies and practices, etc. In order to allow adequate review time, these materials must be submitted to the city clerk at least ten days prior to the date for the pre-application conference.
b.
Application. After the pre-application conference has been held, formal application for zoning can be made. However, in addition to the information usually required, supplementary materials regarding such things as ownership(s), development objectives and construction schedules, maintenance agreements, quantitative development summaries and a development site plan must be submitted at the time of application.
Section 4:08-5—Supplementary materials to the application for a planned unit development district.
Listed below is the additional information required when applying for R-6 PUD (planned unit development) zoning:
a.
Written documentation.
1.
Legal description of the total site, including a statement of present and proposed ownership.
2.
A statement of development objectives, including a description of the character of the proposed development and its relationship to surrounding development.
3.
A development schedule indicating the approximate date when construction of the development can be expected to begin and be completed, and any applicable phasing of construction.
4.
A statement of the applicant's intentions with regard to future selling or leasing of all or portions of the development, including land areas, dwelling units, etc.
5.
Plan or intended manner of permanent care and maintenance of open spaces, recreational areas, road right-of-ways, public utilities, etc.
6.
Quantitative summary information for each proposed district in the PUD development.
b.
Development site plan including the following items:
1.
Development name.
2.
Legal tie, quarter-quarter section, township and range.
3.
Scale.
4.
Vicinity map and north arrow.
5.
Boundary survey and dimensions of property.
6.
Topographic map and floodplain information.
7.
Delineation of proposed land use districts.
8.
Proposed lot lines and dimensions.
9.
Number of all existing and proposed residential buildings and structures, including: Distribution of housing types - location, grouping and orientation - number of stories and maximum heights.
10.
Number of all existing and proposed non-residential buildings and structures, including: Types of uses proposed - location, grouping and orientation - number of stories and maximum heights.
11.
Location and sizes of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi-public uses.
12.
Location of utility easements.
13.
Existing and proposed circulation system of public arterial, collector and local streets, and any private streets including: Location and dimensions of streets, alleys, driveways and points of access to public right-of-ways - notations of proposed ownership - location, dimensions and capacities of parking areas - service and loading zones - pedestrian circulation.
14.
A general landscape plan indicating treatment of materials used for private and common open spaces, and the proposed treatment of the perimeter of the development, including materials and techniques used.
c.
Any additional information necessary to evaluate the character and potential impact of the proposed development and or as required by the planning and zoning commission.
This is a residential zone of medium to high population density. The principal use of land is to provide detached single family dwellings to be developed and constructed according to an overall plan. This zone is intended to be defined and protected from encroachment of uses which are not compatible with residential environments. Internal stability, safety, attractiveness, order and efficiency in the use of land are encouraged by providing adequate light, air and open space for residences and related facilities.
Section 4:09-1—Uses permitted.
In R-7 zones, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
1.
Single family dwellings.
2.
Group homes (within a single-family dwelling) for housing people who are mentally retarded or mentally ill who have not demonstrated an overt act of harm to themselves or someone else.
3.
Accessory structures in accordance with article 2, section 2:98.
Section 4:09-2—Area/dimensional regulations and other requirements.
Section 4:10-1—Purpose.
The (O) office district zone is provided for the orderly arrangement of commercial, clerical and administrative and professional office space. The regulations set forth in this article or elsewhere in this ordinance, when referred to in this article, are the regulations in the (O) office district.
Section 4:10-2—Use regulations.
A building or premises shall be used only for the following purposes:
(1)
A public, semi-public, or private office:
a.
Sales office; provided, that merchandise shall not be stored on the premises.
b.
Professional offices.
c.
Accessory structures and uses incidental to the permitted use of the premises and which are carried on wholly within a main building or accessory building. Such uses may include:
(1)
Drugstore limited in size to that which is of service to the principal use of the premises.
(2)
Restaurant or coffee shop; provided, that the serving of food or beverages to patrons waiting in parked automobiles or drive-thru windows shall not be permitted.
(3)
Retail sales and service shops limited in character and size to that which is of service to the principal use of the premises.
(4)
See ordinance 3-0297.
Section 4:10-3—Area and dimensional regulations.
(1)
Generally. The area and dimensional regulations set forth in the following shall be observed:
(2)
Open space between buildings. Open space between buildings, measured at the closest point between buildings, shall not be less than twenty (20) feet.
Section 4:10-4—Parking regulations.
Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in section 3:13-3 through section 3:13-6 inclusive, of the existing zoning ordinance of the city.
Section 4:10-5—Plan and other information may be required.
A development plan may be required by the planning and zoning board as an aid in determining the merits of a petition to establish an O zone district. If such a zone district is established partially on the basis of an approved development plan, building permits will be issued only for structures which are in general conformity with said plan. Said plan shall include the following:
(1)
A site plan showing:
a.
The direction of north, scale and topography in not greater than five-foot contour intervals.
b.
The proposed location of buildings.
c.
The use of building and premises.
d.
The areas and proportionate amounts of parking to be developed.
e.
The location of streets, driveways and walks.
f.
All service and loading spaces.
g.
Location and areas of illumination of all exterior lighting.
h.
The location, size, number and character of all exterior signs.
i.
The location, character and extent of landscaping, retaining and screen walls, and other treatment for the protection of adjoining property.
j.
The facilities for surface drainage of the premises.
(2)
A copy of any deed restrictions to be recorded.
Section 4:10-6—Review and approval of plan.
If a development plan is required, said plan, together with any supplementary information, shall be referred to the planning and zoning commission for study and recommendations before any action is taken on petition for establishment of an O zone district. Reasonable additional requirements may be recommended by the planning and zoning commission for the protection of adjoining property. The planning and zoning commission shall report its recommendations and reasons therefore to the city council for action according to the procedure specified in section VII of the zoning ordinance of the city.
Section 4:11-1—Use regulations.
Within an Inst.-1 institutional district, a building or land shall be used only for the following purposes:
a.
Churches, including all structures normal and incidental to such use.
b.
Public elementary and high schools, and private or parochial elementary and high schools having curricula approximately the same as ordinarily given in public schools.
c.
Public playgrounds and parks.
d.
On premise signs and permitted only in accordance with the regulations contained in article 5, section 5:22 of this ordinance.
Section 4:11-2—Area and dimensional regulations.
In all the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
a.
There shall be no more than 35 percent coverage of the land area by buildings or structures. This provision shall apply only to newly established uses.
Section 4:11-3—Change of ownership.
When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified to use.
Section 4:11-4—Buffer regulations.
Upon any side or rear lot line which abuts a residential district there shall be a planted buffer strip along the rear and/or side lot line(s) abutting the residential properties as described in article 2, section 2:40 of this resolution. This provision shall apply only to newly established uses.
Section 4:12-1—Use regulations.
Within an Inst.-2 institutional district, a building or land shall be used only for the following purposes:
a.
Business colleges and trade schools.
b.
Charitable and philanthropic organizations including sales establishments/charitable organizations engaged in providing and or supplying convenience goods/items for sale to the general public as defined in section 2:74(b), Retail sales—Non-taxable.
c.
Colleges and universities.
d.
Convalescent and nursing homes and homes for the aged.
e.
Convents and monasteries.
f.
Day nurseries and kindergartens.
g.
Fire stations.
h.
Government buildings used exclusively by the federal, state, county, or municipal government for public purposes except for garages, repair or storage yards, warehouses and buildings used or intended to be used as correctional or penal institutions for housing prisoners, for industrial type operations, or for operations requiring heavy and frequent movement of trucks.
i.
Helistops. (Permitted on appeal only)
j.
Hospitals.
k.
Libraries, community centers, private parks, museums, art galleries, legitimate theaters, etc.
l.
Lodges, fraternal and social organizations, headquarters for Scout and other youth organizations, YMCA and YWCA facilities.
m.
Membership clubs not operated for profit.
n.
On premise signs are permitted only in accordance with the regulations contained in article 5, section 5:22 of this ordinance.
o.
Stadiums, coliseums and assembly halls owned by non-profit organizations or by state, county or municipal government.
p.
Transitional homes.
q.
See ordinance 3-0297.
Section 4:12-2—Area and dimensional regulations.
In all the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
*Rear yard may be reduced to fifteen (15) feet if the adjoining property is zoned commercial, industrial or utilities.
**If the adjoining property is zoned commercial, industrial, utilities, or institutional-3, interior side yard setbacks may be reduced to zero feet; however, if the structure is not built to the side lot line, a minimum setback of at least ten feet shall be maintained.
Section 4:12-3—Change of ownership.
When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified to use.
(Ord. No. 2010-37, 9-7-10)
Section 4:13-1—Use regulations.
Within an Inst.-3 institutional district, a building or land shall be used only for the following purposes:
a.
Government buildings used exclusively by federal, state, county of municipal government for public purposes.
b.
Helistops. (Permitted on appeal only)
c.
Mental health care or treatment facilities.
d.
Penal and correctional institutions.
e.
On premise signs are permitted only in accordance with the regulations contained in article 5, section 5:22 of this ordinance.
f.
See ordinance 3-0297.
Section 4:13-2—Area and dimensional regulations.
In all the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
Section 4:13-3—Change of ownership.
When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified to use.
This is a commercial zone in which it is intended that personal and business services as well as the general retail business of the community will be conducted. The use of land is primarily for offices, shops, stores, and related establishments supplying convenience goods and services. Order and efficiency in the use of land, safety, and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:14-1—Uses permitted.
No building or structure or part thereof shall be erected, altered, or used, or premises used in whole or in part for other than one or more of the following specified uses and shall comply with the definition of retail sales as defined in section 2:74(a).
(a)
Business services; including banks, loan companies, insurance offices, public accountants, real estate offices, stenographic services, business consultants, and management companies.
(b)
Clothing services; including laundry shops, dry cleaning establishments which do not have dry cleaning equipment on the premises, dressmaking shops, millinery shops, tailors, and shoe repair shops.
(c)
Skilled trade services; including plumbing, electric and heating technicians, radio and television repair, carpenters, painters and brick masons.
(d)
Commercial offices; including-advertising agencies, travel agencies, building contractors offices, and corporation offices.
(e)
Food sales and restaurants; including groceries, meat markets, delicatessens, bakeries, coffee shops, soda fountains, poultry sales, and seafood sales; including drive-in restaurants but not including any meat or poultry sales where slaughtering is done on the premises.
(f)
Personal services; including beauty shops, barber shops, reducing salons, photographic studios, and shoe repairs.
(g)
Professional services; including medical clinics, doctors, sports medicine and therapeutic clinics, dentists offices, attorneys, engineers, architects, landscape architects and surveyors offices, opticians.
(h)
Retail sales; including drug stores, department stores, stationery and book stores, news dealers, flower stores, haberdasheries, household appliance shops, hardware stores, gift shops, and art supply stores.
(i)
Trade schools, dance schools, business colleges and correspondence schools.
(j)
Other retail sales and personal service establishments similar in character to the above uses.
(k)
Combination business and dwelling buildings as specified in section 3:20 of this ordinance.
(l)
Radio and telecasting studios but not transmitting antennae.
(m)
Central offices and professional office buildings.
(n)
Civic centers, theaters, clubs and lodges.
(o)
Shops for making merchandise to be sold at retail on the premises employing not more than five (5) employees in manufacturing operations, such as; wearing apparel, including gloves, hosiery, dresses and handbags; small leather goods, dental products; optical goods, jewelry; surgical goods; toiletries and cosmetics; printing and engraving; furniture re-upholstering and redecorating.
(p)
Greenhouses in conjunction with florist shops provided said greenhouses shall not be over 1,000 square feet in area.
(q)
Reserved.
(r)
Retail plumbing shop.
(s)
Recreation centers including bowling alleys, roller skating rinks, dance halls, pool and billiard rooms; when conducted entirely within an enclosed building.
(t)
Pet hospitals and dog kennels where animals are kept entirely within an enclosed building. No outside runs.
(u)
Planned shopping centers on approval of the planning and zoning commission as called for under article V of this ordinance.
(v)
Motels on the approval of the planning and zoning commission as called for under article V of this ordinance.
(w)
Any accessory building and use customarily incidental to a use authorized by this section. Any building and use for any of the above enumerated purposes may not have more than 40 percent of the floor area devoted to fabricating or storage areas incidental to such primary use, unless approved by the planning and zoning commission as called for under article V of this ordinance.
(x)
Mini-cellular sites. Sites inclusive of towers and/or antennae, not to exceed 20 feet in height; also inclusive of "whips," panels, and/or parabolic "dishes" not to exceed 100 square feet. See ordinance 3-0297.
1.
Mini-cellular sites shall be located no closer than 500 feet to another legally located mini-cellular site (measured structure to structure) on same side of the street or highway.
2.
Mini-cellular sites shall be located no closer than 250 feet to another legally located mini-cellular site (measured structure to structure) on the opposite side of the street.
Section 4:14-2—Area/dimensional regulations and other requirements.
Section 4:14-3—Signs.
In conformance with article 5, section 5:22.
Section 4:14-4—Lighting.
All lighting utilized within a C-1 zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors, or signs which flicker or flash, must be first approved by the planning and zoning commission to insure that such signs will not be confused with traffic control signals.
Section 4:14-5—Off-street parking and loading.
Off-street parking and loading space for all C-1 uses, shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:14-6—Greenbelt.
All nonresidential uses permitted in C-1 zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt eight feet wide along the property line.
Section 4:14-7—Off-street parking and loading.
Off-street parking and loading space for all I-3 uses, shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:14-8—Submission of plan and other information.
The owner or owners of a tract of land comprised of ten acres or more, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
(1)
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks, and the points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property. All streets/roadways shall be marked as public or private ownership.
(2)
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
(3)
A copy of any deed restrictions intended to be recorded.
Section 4:14-9—Conditional uses.
(a)
Automobile dealership.
(Ord. No. 2010-37, 9-7-10; Ord. No. 2011-3, 2-1-11; Ord. No. 2022-28, §§ 2, 3, 10-18-22)
This is a commercial zone in which it is intended that general retail, wholesale, and related transportation activities will be conducted. The use of land is primarily for commercial enterprises in which medium to large sites are required for storage, distribution, service, and assembly purposes. Order and efficiency in the use of land, safety and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:15-1—Uses permitted.
No building or structure, or part thereof, shall be erected, altered, or used, in whole or in part for other than one or more of the following specified uses:
(a)
Uses permitted in C-1 zones except dwellings.
(b)
Warehouses, storage terminals and loft buildings, bus and trucking stations and terminals, provided loading and unloading platforms are at least 50 feet from the roadway.
(c)
Service stations and repair garages.
(d)
Storage in bulk of, or warehouses for, building materials, contractors, equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(e)
Industrial research laboratories.
(f)
Machine shops in which only lathes, drill presses, shapers, planers, grinders and similar tools are used and no hammering, rolling, spinning, heat treating, welding or riveting is done, or stamping machines, die presses, forges, heavy metal shears, saws, or other noise or vibration-producing tools or machines are used; and further provided that the number of employees shall not exceed 15.
(g)
Publishing, newspaper, and printing plants provided the number of employees shall not exceed 15.
(h)
Monument shops.
(i)
Greenhouses.
(j)
Cold storage plants.
(k)
Bottling works, including milk bottling or distribution stations.
(l)
Recreational centers partially or entirely out of doors.
(m)
Pet hospitals and dog kennels where animals and birds are kept partially or entirely out of doors.
(n)
Other retail sales and personal service establishments similar in character to the above uses.
(o)
Drive-in theatres on approval of the planning and zoning commission as called for under article V of this ordinance.
(p)
Circuses, private stadiums, race tracks, and amusement parks on approval of the planning and zoning commission as called for under article V of this ordinance, when applicable.
(q)
Funeral homes, parlors or mortuaries.
(r)
Radio or television transmitting antennae facilities and communication sites. See ordinance 3-0297.
(s)
Manufacture and assembly of electronic circuit components for computers and similar equipment.
(t)
Reserved.
(u)
Rental establishments, not including heavy equipment.
(v)
Personal service establishment. Quick oil change, muffler and brakes, minor tune up, lawn mower repair, other similar uses, but not including major engine, transmission or any type of paint and body repair.
(w)
Any customary accessory building or use incidental to the main use herein permitted.
(x)
Hospitals with accessory and incidental structures having a minimum lot area of 10 acres.
Section 4:15-2—Area/dimensional regulations and other requirements.
Section 4:15-3—Signs.
In conformance with article 5, section 5:22.
Section 4:15-4—Lighting.
All lighting utilized within a C-2 zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors; or signs which flicker or flash must be first approved by the planning and zoning commission to insure that such signs will not be confused with traffic control signals.
Section 4:15-5—Off-street parking and loading.
Off-street parking and loading space for all C-2 uses shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:15-6—Greenbelt.
All nonresidential uses permitted in C-2 zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt 12 feet wide along the property line.
(Ord. No. 2007-38, § 1, 10-16-07)
Section 4:15-7—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(b)
Automobile dealership.
(Ord. No. 2022-11, § 3, 6-22-22; Ord. No. 2022-28, §§ 4, 5, 10-18-22)
Section 4:16-1—Use regulations.
Within a C-3 commercial adult entertainment district, a building or land shall be used only for the following purposes:
a.
Adult establishments.
b.
Adult amusement or recreational facilities.
c.
Massage parlors.
d.
Accessory structure and uses.
e.
No adult entertainment establishment operating within this zoning district shall be permitted within 1,000 feet of any religious institution, school and/or residential district, kindergarten or child-care facility, public or private park or playground. The distance provided herein shall be measured from zoning district/line of the facility authorized to the nearest zoning district/line of the above listed use.
f.
All establishments shall be limited to one sign only, not to exceed 15 square feet and must be placed to the front of the establishment. Signs shall not have flashing lights or graphic displays.
g.
No visible exposure to the general public of activities within the establishment (all windows and doors to be covered or blacked out).
h.
See ordinance 3-0297.
i.
The following shall apply to all establishments offering and providing the services for tattooing, body art, or body piercing procedures.
(1)
Any establishment offering the above services shall have Jefferson County Health Department approval before being allowed to operate in the City of Irondale.
(2)
All licenses for such services shall be reviewed for approval on a year-to-year basis by the city council.
(3)
All other pertinent subsections of Section 4:16 shall apply to the operation of such establishments within the zoning district.
Section 4:16-2—Area and dimensional regulations.
In the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
Section 4:16-3—Definitions.
For the purposes of this ordinance, certain words and terms are defined as herein indicated and shall apply to all parts of this ordinance. Unless specifically defined herein, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicated otherwise: the words "used for" shall include the meaning "designed for"; and the word "structure" shall include the word "building"; the word "lot" shall include the words "plot" and "tract"; and the word "shall" is mandatory.
Section 4:16-4—Accessory structure or use.
An accessory structure is a subordinate building, the use of which is incidental to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.
Section 4:16-5—Adult establishments.
a.
Adult book store: An establishment having, as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, cassette tapes and films which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, or an establishment with a segment or section devoted to the sale or display of such material.
b.
Adult establishment, amusement or recreational facility: Mini motion picture theater, adult motion picture theater or any combination thereof.
c.
Massage parlors: An enclosed building used for the purpose of providing body rubdowns, back rubs, baths and massages wherein staff of said establishment may provide the foregoing services to patrons of the opposite sex, except for duly defined and licensed, by the city or state licensing boards, physical therapists, massage therapists, athletic trainers, barbers, cosmetologists as well as physicians, chiropractors or any individual working under the supervision of a physician or chiropractor.
d.
Adult mini motion theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, for observation by patrons therein.
e.
Adult motion picture theater: An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, for observation by patrons therein.
f.
Specified anatomical areas: (1) Less than completely and opaquely covered human genitals, public region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
g.
Specified sexual activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse or sodomy; and (3) fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Ord. No. 2002-12, 5-7-2002)
This is an industrial zone in which it is intended that manufacturing, assembling, and fabricating processes will be conducted. The use of land is primarily for industrial operations in which medium to large sites are required, convenient access to highway or rail is necessary, and the offensive characteristics of the process are kept to a minimum. Order and efficiency in the use of land, safety and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:17-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used, or premises used, in whole or in part, for other than one or more of the following specified uses, and/or when in conformance with section 3:25 of this ordinance:
(a)
Uses permitted in C-2 zones.
(b)
Blacksmith shop, or machine shop, wrought iron shop, excluding the following: punch presses over 20 tons rated capacity, drop hammers, and automatic screw machines.
(c)
Electric appliance assembly.
(d)
The manufacturing of small electrical parts, and neon signs.
(e)
The manufacture of musical instruments, toys, novelties, rubber or metal stamps.
(f)
Assembly plants, the assembled or sub-assembled products of which shall, in their finished state be such as to be easily portable.
(g)
Production of crystal glass, art novelties, pottery, figurines, or similar ceramic products using previously pulverized clay.
(h)
The manufacturing, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, wood excluding the use of planing mills, yards, and paint not requiring a boiling process.
(i)
The manufacturing, compounding, processing, treatment, or packing of: bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, toiletries, and condiments; but not including fish, sauerkraut, vinegar, and yeast.
(j)
Any other manufacturing or industrial enterprise, operation or processing, whether making, assembling, repairing, buffing, finishing, plating, polishing, tempering, welding, packing, shipping or storing: provided that any resulting cinders, dust, flashing, fumes, gas, noise, odor, refuse matter, smoke, vapor, or vibration is confined effectively to the premises and no fire hazard is created.
(k)
Poultry and meat processing. (excluding slaughter houses and tanneries)
(l)
Any use determined by the planning and zoning commission as called for under article V of this ordinance, when applicable.
(m)
Accessory buildings and uses customarily incidental to the above uses when on the same lot.
(n)
Storage in bulk of, or warehouses for, building materials, contractors equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(o)
Reserved.
(q)
Rental establishments including heavy equipment.
(r)
Personal service establishments, quick oil change, muffler and brakes, minor tune up, lawn mower repair, other similar uses, including major engine, transmission or any type of automobile paint and body repair.
(s)
See ordinance 3-0297.
Section 4:17-2—Area/dimensional regulations and other requirements.
Section 4:17-3—Signs.
In conformance with article 5, section 5:22.
Section 4:17-4—Off-street parking and loading.
Off-street parking and loading space for all I-1 uses shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:17-5—Greenbelt.
Where an I-1 zone is located adjacent to a residential zone, a twenty-foot greenbelt shall be provided and maintained along all interior lot lines.
Section 4:17-6—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(b)
Automobile dealership.
(Ord. No. 2022-11, § 4, 6-22-22; Ord. No. 2022-28, §§ 6, 7, 10-18-22)
This is an industrial zone in which it is intended that industrial uses not permitted in I-1 will be located. In addition, other uses not provided for or prohibited by this ordinance shall be permitted in this zone. Safety and efficiency in the use of land are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within the zone. The following provisions shall apply in all I-2 zones.
Section 4:18-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used, or premises used, in whole or in part for other than one or more of the following specified uses:
(a)
Uses permitted in I-1 zones.
(b)
Railroad yards.
(c)
Automobile wrecking and junk yards provided that such use is entirely enclosed within a substantial opaque fence not less than six feet nor more than ten (10) feet in height, subject to approval by the planning and zoning commission. Material stored within the fence shall not be higher than the height of the fence.
(d)
Any lawful use of land or building when not expressly prohibited or provided for in this ordinance, shall be a lawful use in all I-2 zones when such uses comply with this ordinance, subject to approval by the planning and zoning commission.
(e)
Heavy equipment sales and service.
(f)
See ordinance 3-0297.
Section 4:18-2—Uses prohibited.
In I-2 zones, no building or structure or premises shall be used and no building or structure shall be erected or altered which is intended or designed to be used in whole or in part, except where incidental to a permitted principal use, for any of the following uses:
—
Tanneries.
—
Stockyards.
—
Rendering plants.
—
Glue, size or gelatin manufacturing where the process includes the refining or recovery of products from fish, animal refuse or offal.
—
Steam hammers.
—
Corrosive acid manufacture, such as hydrochloric, nitric, picric, and sulphurous or sulfuric acid.
—
Explosive manufacture or storage, except the storage of small arms ammunition.
—
Fertilizer manufacture, compost or storage.
—
Operation similar to the above.
—
Dwellings for humans including motels and mobile homes.
—
Institutions for human care including hospitals, clinics, and schools.
Provided that the above listed manufacturing or processing operations may be permitted by planning commission approval upon satisfactory proof and evidence that engineering, design and practice for such operations will comply with all requirements set forth in this ordinance and as being no injurious to the surrounding property and not contrary to the spirit and purpose of this ordinance.
Section 4:18-3—Area/dimensional regulations and other requirements.
Section 4:18-4—Signs.
In conformance with article 5, section 5:22.
Section 4:18-5—Greenbelt.
A twenty-foot greenbelt shall be provided and maintained in a healthy growing condition along all interior lot lines abutting a residence or a residential zone.
Section 4:18-6—Off-street parking and loading.
Off-street parking and loading space for all I-2 uses shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:18-7—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(Ord. No. 2022-11, § 5, 6-22-22)
This is an industrial zone in which it is intended that manufacturing, assembling, and fabricating processes will be conducted. The use of land is primarily for industrial operations in which medium to large sites are required, convenient access to highway or rail is necessary, and the offensive characteristics of the process are kept to a minimum. Order and efficiency in the use of land, safety and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:19-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used, or premises used, in whole or in part for other than one or more of the following specified uses:
(a)
Skilled trade services; including plumbing, electric and heating technicians, radio and television repair, carpenters, painters and brick masons.
(b)
Commercial offices; including advertising agencies, travel agencies, building contractors offices, and corporation offices.
(c)
Radio and telecasting studios including transmitting antennae.
(d)
Central offices and professional office buildings.
(e)
Warehouses, storage terminals and loft buildings, trucking stations, terminals and attendant service repair garages, providing loading and unloading platforms are at least fifty (50) feet from the roadway.
(f)
Storage in bulk of, or warehouses for, building materials, contractors equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, petroleum or other flammable fluids in above ground tanks, except in accordance with section 3:27, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(g)
Industrial research laboratories.
(h)
Machine shops in which only lathes, drill presses, shapers, planers, grinders and hammering, rolling, spinning, heat treating, welding or riveting is done, or stamping machines, die presses, forges, heavy metal shears, saws, or other noise or vibration producing tools or machines are used.
(i)
Publishing, newspaper, and printing plants.
(j)
Monument shops.
(k)
Cold storage plants.
(l)
Bottling works, including milk bottling or distribution stations.
(m)
Other uses similar in character to the above uses.
(n)
Any customary accessory building or use incidental to the main use herein permitted.
(o)
Blacksmith shop, or machine shop, wrought iron shop, excluding the following: punch presses over 20 tons rated capacity, drop hammers, and automatic screw machines.
(p)
Electric appliance assembly.
(q)
The manufacturing of small electrical parts, and neon signs.
(r)
The manufacture of musical instruments, toys, novelties, rubber or metal stamps.
(s)
Assembly plants, the assembled or sub-assembled products of which shall, in their finished state be such as to be easily portable.
(t)
Production of crystal glass, art novelties, pottery, figurines, or similar ceramic products using previously pulverized clay.
(u)
The manufacturing, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, wood excluding the use of planing mills, yards, and paint not requiring a boiling process.
(v)
The manufacturing, compounding, processing, treatment, or packing of: bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, toiletries, and condiments; but not including fish, sauerkraut, vinegar and yeast.
(w)
Any other manufacturing or industrial enterprise, operation or processing, whether making, assembling, repairing, buffing, finishing, plating, polishing, tempering, welding, packing, shipping or storing; provided that any resulting cinders, dust, flashing, fumes, gas, noise, odor, refuse matter, smoke, vapor, or vibration is confined effectively to the premises and no fire hazard is created.
(x)
Poultry and meat processing.
(y)
Any use determined by the planning and zoning commission as called for under article V of this ordinance, when applicable.
(z)
Accessory buildings and uses customarily incidental to the above uses when on the same lot.
(aa)
Storage in bulk of, warehouses for, building materials, contractors equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, petroleum or other flammable fluids in above ground tanks, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(bb)
Railroad yards.
(cc)
Any lawful use of land or building when not expressly prohibited or provided for in this ordinance, shall be a lawful use in all I-3 zones when uses comply with this ordinance, subject to approval by the planning and zoning commission.
(dd)
See ordinance 3-0297.
Section 4:19-2—Uses prohibited.
In I-3 no building or structure or premises shall be used and no building or structure shall be erected, altered which is intended or designed to be used in whole or in part, except where incidental to a permitted principal use, for any of the following uses or under article V:
—
Tanneries.
—
Stockyards.
—
Rendering plants.
—
Glue, size or gelatin manufacturing where the process includes the refining or recovery of products from fish, animal refuse or offal.
—
Steam hammers.
—
Corrosive acid manufacture, such as hydrochloric, nitric, picric, and sulphurous or sulfuric acids.
—
Explosive manufacture or storage, except the storage of small arms ammunition.
—
Fertilizer manufacture, compost or storage.
—
Operations similar to the above.
—
Dwellings for humans including motels and mobile homes.
—
Institutions for human care including hospitals, clinics, and schools.
Provided that the above listed manufacturing or processing operations may be permitted by planning and zoning commission approval upon satisfactory proof and evidence that engineering, design and practice for such operations will comply with all requirements set forth in the ordinance and as being not injurious to the surrounding property and not contrary to the spirit and purpose of this ordinance.
Section 4:19-3—Area/dimensional regulations and other requirements.
Section 4:19-4—Signs.
In conformance with article 5, section 5:22.
Section 4:19-5—Greenbelt.
A twenty-foot greenbelt shall be provided and maintained in a healthy growing condition along all interior lot lines abutting a residence or a residential zone.
Section 4:19-6—Off-street parking and loading.
Off-street parking and loading space for all I-3 uses, shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:19-7—Submission of plan and other information.
The owner or owners of a tract of land comprised of ten acres or more, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
1.
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks, and the points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property.
2.
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
3.
A copy of any deed restrictions intended to be recorded.
Section 4:19-8—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(Ord. No. 2022-11, § 6, 6-22-22)
This is a specialized zone consisting of existing structures and established zoning uses. The principal use of the land is for the flexible and orderly arrangement and use of the established residential uses, commercial uses, and other established uses which are existing in the designated historical district as established by the city council. The zone is intended to establish compatible environments that are flexible to use of existing structures and available land area associated with the allowable use. The zone requirements are intended to be controlled by approval of the city council as to the established use, zone regulations, internal stability, safety, attractiveness, order and efficiency in the use of the land. The city council may approve minimum and or maximum requirements in this specialized district based upon the providing of adequate related facilities including parking spaces based on consideration for the proper functional relations of the different land uses and the existing use area of the site.
Section 4:20-1—Definition—Historic district.
A specific area of the city as established by the city council as a special area.
Section 4:20-2—Uses permitted.
In HD zones the existing building or land uses are defined by the established use of the land. Any proposed change to the existing land use shall follow the proper procedures for requesting a rezoning of the land to a different use. Any proposed use that would result in the reduction or increase of the established zone regulations/requirements must be submitted to the city council for approval. The council may request information and or design plans as necessary for their review of the request.
(Ord. No. 2010-37, 9-7-10)
Editor's note— Ord. No. 2010-37, adopted Sept. 7, 2010, enacted new provisions numbered as § 4:20. The existing §§ 4:20 and 4:21 have been renumbered as §§ 4:21 and 4:22 at the discretion of the editor. The historical notation has been retained with the amended provisions for reference purposes.
This is a commercial zone in which it is intended that personal and business services as well as the preferred and general retail business of the community will be conducted. The use of land is primarily for offices, shops, stores, retail sales and related establishments supplying preferred convenience goods and services. Order and efficiency in the use of land, safety, and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:21-1—-Uses permitted.
No building or structure or part thereof, shall be erected, altered or used or premises used, in whole or in part for other than one or more of the following specified uses:
(a)
Business services; including banks, loan companies, insurance offices, public accountants, real estate offices, stenographic services, business consultants, and management companies.
(b)
Commercial offices; including advertising agencies, travel agencies, building contractors offices, and corporation offices.
(c)
Personal services; including beauty shops, barber shops, reducing salons, photographic studios.
(d)
Professional services; including medical clinics, doctors, sports medicine and therapeutic clinics, dentist offices, attorneys, engineers, architects, landscape architects and surveyors offices, and opticians.
(e)
Retail sales; including drug stores, department stores, stationery and book stores.
(f)
Private instruction institutions; including business colleges.
(g)
Other retail sales and personal service establishments similar in character to the above uses with approval of the planning and zoning commission.
(h)
Reserved.
(i)
Planned shopping centers on approval of the planning and zoning commission as called for under Article V of the zoning ordinance of the City of Irondale.
(j)
Any accessory building and use customarily incidental to a use authorized by this section. Any building and use for any of the above enumerated purposes may not have more than 40 percent of the floor area devoted to fabricating or storage areas incidental to such primary use, unless approved by the planning and zoning commission as called for under article V of the zoning ordinance of the City of Irondale.
Section 4:21-2—-Area/dimensional regulations and other requirements.
Section 4:21-3—Signs.
In conformance with article 5, section 5:22 of the zoning ordinance and any requirements of any other sign ordinance of the City of Irondale.
Section 4:21-4—Lighting.
All lighting utilized within a C-PB zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors, or signs which flicker or flash, must be first approved by the planning and zoning commission to insure that such signs will not be confused with traffic control signals. All signs must be referred to the sign review committee for recommendation and approved by the city council.
Section 4:21-5—Off-street parking and loading
Off-street parking and loading space for all C-PB uses, shall be provided in conformance with Sections 3:12 and 3:13 of this section.
Section 4:21-6—Greenbelt.
All non-residential uses permitted in C-PB zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt eight feet wide along the property line.
Section 4:21-7—Submission of plan and other information.
The owner or owners of a tract of land comprised of ten acres or more, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
(1)
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of loads, driveways and walks, and the points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property. All streets/roadways shall be marked as public or private ownership.
(2)
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
(3)
A copy of any deed restrictions intended to be recorded.
Section 4:21-8—Conditional uses.
(a)
Automobile dealership.
(Ord. No. 2000-24, 6-20-2000; Ord. No. 2010-37, 9-7-10; Ord. No. 2022-28, §§ 8, 9, 10-18-22)
Note— See the editor's note to § 4:20.
This is a commercial zone in which it is intended that personal and business services as well as the preferred and general amusement business of the community will be conducted. The use of land is primarily for coin-operated amusement facilities, amusement video arcades, amusement parks, drive-in theaters, practice golf driving tees, skeet, rifle or trap shooting ranges (inside or outside), roller and ice skating rinks and related establishments supplying preferred convenience goods and services. Order and efficiency in the use of land, safety, and convenience are encouraged by providing for off street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:22-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used or premises used in whole or in part for other than one or more of the following specified uses:
(a)
Amusement parks.
(b)
Drive-in theaters.
(c)
Practice golf driving tees.
(d)
Skeet, rifle or trap shooting ranges (inside or outside). (Provided that such use is not located nearer than 1000 feet to any residence other than the owner or lessor of the site.)
(e)
Shooting galleries.
(f)
Coin operated amusement facilities (where no affording of a type of award is offered). (Provided that such use is not nearer than 1000 feet from a church, school or residence).
(g)
Amusement video arcades (Entertainment and amusement purposes only).
(h)
Signs in accordance with section 5:22.
(i)
Any accessory building and use customarily incidental to a use authorized by this section. Any building and use for any of the above enumerated purposes may not have more than 40 percent of the floor area devoted to storage areas incidental to such primary use, unless approved by the planning and zoning commission as called for under article v of the zoning ordinance of the City of Irondale.
Section 4:22-2—Area/dimensional regulations and other requirements.
Section 4:22-3—Signs.
In conformance with article 5, section 5:22 of the zoning ordinance and any requirements of the aesthetic sign ordinance of the City of Irondale.
Section 4:22-4—Lighting.
All lighting utilized within a C-A1-AO zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors, or signs which flicker or flash, must be first approved by the planning and zoning commission and the city council to insure that signs will not be confused with traffic control signals. All signs must be referred to the sign review committee for recommendation and approved by the city council.
Section 4:22-5—Off-street parking and loading.
Off-street parking and loading space(s) for all C-A1-AO uses, shall be provided in conformance with sections 3:12 and 3:13 of this section and or as determined by the planning and zoning commission upon review of the proposed use and facilities.
Section 4:22-6—Greenbelt.
All uses permitted in C-A1-AO zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt 15 feet wide along the property line and or as determined by the planning and zoning commission upon application.
Section 4:22-7—Submission of plan and other information.
The owner or owners of a tract of land, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
(1)
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks, and points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property. All streets/roadways shall be marked as public or private ownership.
(2)
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
(3)
A copy of any deed restrictions intended to be recorded.
(4)
Any other information as required by the planning and zoning commission and or the city council.
(Ord. No. 2001-66, 12-28-2001; Ord. No. 2010-37, 9-7-10)
Note— See the editor's note to § 4:20.
The following PCD zoning district provisions represent a commercial zoning classification that permits, rather than mandates, a vertical/horizontal mix of commercial uses within the same building and within the same lot(s). The district is intended to accommodate a physical pattern of development often found along city main streets and in neighborhood commercial areas of other cities.
4:23.1.—Purpose.
The purposes of the (PCD) planned commercial district are:
(1)
Accommodate mixed-commercial use buildings within a neighborhood type setting—providing retail, personal services, and other similar/specified commercial uses in a setting with setbacks requirements precluded for buildings as approved and recommended by the planning and zoning board to the city council; and
(2)
Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping-parking areas and street designs; and
(3)
Promote the health and well-being of surrounding residential areas by encouraging physical activity, alternative transportation, and greater social interaction.
4:23.2.—Definition.
As used in this section, the following words and terms shall have the meanings specified herein:
Floor area ratio means the ratio of a building's gross floor area to the area of the lot on which the building(s) is located.
Gross floor area is the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one- half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.
4:23.3.—Allowed uses.
Commercial uses allowed in "PCD" zoning districts will be considered in accordance with the proposed types of commercial uses and the design of structures within the development as approved and recommended by the planning and zoning board to the city council.
4:23.4.—Commercial establishment size limits.
The gross floor area of commercial establishments and uses within the PCD district will be reviewed by the planning and zoning board and recommended to the city council for their consideration and final approval.
4:23.5.—Indoor/outdoor operations.
All permitted uses in the PCD district must be conducted within completely enclosed buildings unless otherwise expressly authorized (Exception; such as outdoor seating for restaurant facilities). This requirement does not apply to off-street parking or loading areas, automated teller machines, or public outdoor seating areas.
4:23.6.—Building heights.
Maximum proposed building height elevations within the PCD district shall be included in the proposed plan.
4:23.7.—Lot area(s).
The lot area of any outparcels/divisions shall be detailed on the proposed plan and a subdivision plat will be required with a copy of the subdivision covenants and restrictions for the development.
4:23.8.—Floor area ratio.
The maximum (FAR) for all proposed buildings shall be shown on the proposed plan.
4:23.9.—Setbacks.
All proposed property line setbacks shall be shown on the proposed plan and will be reviewed for approval by the planning and zoning board for recommendation to the city council.
4:23.9.1—Buffers.
All proposed property line buffer /setbacks abutting single family districts shall be shown on the proposed plan and will be reviewed for approval by the planning and zoning board for recommendation to the city council.
4:23.10.—Off-street parking/parking lot(s).
The proposed off-street parking and all proposed parking lots with proposed landscaping/lighting shall be shown on the proposed plan for review and approval by the planning and zoning board for recommendation to the city council.
4:23.11.—Transparency.
(1)
A minimum of (50) percent of any street-facing building façade between two feet and eight feet in height should be comprised of clear windows that allow views of indoor space or product display areas.
(2)
The bottom of any window or product display window used to satisfy the transparency standard of paragraph (1) above should not be more than (3-4.5) feet above the adjacent sidewalk.
(3)
Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted.
4:23.12—Doors and entrances.
(1)
Buildings must have a primary entrance door facing a public sidewalk (*if required). Entrances at building corners may be used to satisfy this requirement.
(2)
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
4:23.13—Public street and driveway access.
All curb cuts must be approved by the city engineer for lots accessing public streets and alleys.
(Ord. No. 2016-70, 5-3-16)
Editor's note— Ord. No. 2016-70, adopted May 3, 2016, enacted new provisions numbered as § 4:21. At the discretion of the editor, these provisions have been renumbered as § 4:23 to avoid conflicting with the existing § 4:21.
The following zoning district allows for the establishment of recreational vehicle parks, which contain adequate sites for the temporary parking and use of recreational vehicles whose occupants are visiting, vacationing in, or passing through the city. Pursuant to the requirements of Section 4:24-7 herein, these parks may also include an area for the types of long-term storage of recreational vehicles, as defined in Section 4:24-2.
Section 4:24-1—Use regulations.
Recreational vehicle parks may include the following principal and accessory uses and structures. The accessory uses and structures set forth below shall only be permitted in the presence of one or more principal uses or structures. This use is subject to the approval of the planning and zoning commission as required under Article V. Special Use Regulations.
(a)
Permitted principal uses and structures authorized.
1.
Recreational vehicles.
2.
Recreational vehicle parking and storage areas.
3.
Recreation open space with recreational amenities.
(b)
Permitted accessory uses and structures authorized.
1.
Park office.
2.
Recreation hall.
3.
A single park/camp store to supply retail goods for tenants and staff.
4.
Sanitation-related structures, fixtures and amenities.
5.
Recreational vehicle park-related maintenance uses and structures.
6.
Storage of recreational vehicles pursuant to the regulations set forth in Section 4:24-7 herein.
(c)
All principal and accessory uses and structures not permitted here are specifically prohibited.
Section 4:24-2—Definitions.
Recreational vehicle: For the purposes of Section 4:24, a recreational vehicle shall consist of any of the following as herein defined:
(a)
Travel trailer - a vehicular portable structure mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a stock passenger automobile; primarily designed and constructed to provide temporary living quarters for recreation, camping, or travel use.
(b)
Camping trailer - a vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other pliable material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location, providing temporary living quarters; and whose primary design is for recreation, camping, or travel use.
(c)
Truck camper - a portable structure designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters; and whose primary design is for recreation, camping, or travel use.
(d)
Motor home - a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car, primarily designed to provide temporary living quarters for recreation, camping and travel.
Section 4:24-3—Recreational Vehicle Park Standards.
(a)
Recreational vehicles shall be placed in a recreational vehicle parking space within a Recreational Vehicle Park. Only one recreational vehicle may be located within a single recreational vehicle parking space.
(b)
Minimum site size: 500 square feet.
(c)
Separation: Recreational vehicle parking spaces shall be designed so as to maintain a minimum of 20 feet between recreational vehicles when parked.
(d)
Each parking space shall be clearly marked, consecutively numbered or lettered.
(e)
Parking: Each site shall include one parking space for one automobile.
(f)
Recreational Vehicle Parks shall be kept clean and free of trash and debris.
Section 4:24-4—Length of Stay Restrictions.
The length of stay in a recreational vehicle park for each recreational vehicle is limited to a maximum of ninety (90) days in a twelve (12) month period. Moving to another recreational vehicle space in the same recreational vehicle park is not permitted and does not reset the 90-day clock.
This restriction shall not apply to those recreational vehicles being stored onsite pursuant to the requirements of Section 4:24-7 herein.
Section 4:24-5—Recreational Vehicle Park Requirements.
(a)
A rezoning application for a recreational vehicle park along with a development plan shall be filed by or on behalf of the landowner or designee with the building inspections department. The purpose of the development plan is to provide the city with information in respect to the type, character, scale and intensity of development as well as the time phasing of the proposed recreational vehicle park in order for the city to evaluate the impact of the development upon the city.
(b)
A minimum area for a recreational vehicle park is three (3) acres.
(c)
Minimum park frontage/width: 100 feet.
(d)
Park minimum setbacks:
(e)
The maximum density shall not exceed 10 recreational vehicle units per acre.
(f)
Minimum 25% open space excluding required stormwater/drainage. The minimum 25% shall be reserved collectively in contiguous units accessible to all the RV sites and maintained by the property owners. This open space is to be used for: accessory uses, parks, recreation facilities, sidewalks clubhouse, pool and similar.
(g)
All recreational vehicle parks shall have frontage on an existing publicly or privately maintained street.
(h)
The RVP zoning designation is for recreational vehicles only. Manufactured homes are not permitted.
(i)
All recreational vehicle parks shall meet zoning and all city, county and state codes and regulations. This includes all required accessory uses such as toilets, showers, laundry facilities, etc.
(j)
Amenities and accessory uses shall be restricted to use by park occupants only.
(k)
The addition or attachment of any accessory structures such as awnings, porches, carports, or individual storage facilities not specifically designed and included as a standard part of the original recreational vehicle is expressly prohibited.
(l)
The removal of wheels and/or the installation of skirting materials around the base of a recreational vehicle is expressly prohibited.
(m)
Water and Sanitation.
1.
Each recreational vehicle park shall provide individual service lines delivering potable water. The owner shall install such water facilities in a manner equal to the specifications of the State and any applicable ordinances adopted by the City, and will comply with all applicable federal, state, county, and city laws, codes, regulations, ordinances, and requirements.
2.
Sanitary facilities shall be provided in accordance with the requirements of the Alabama Department of Environmental Management.
3.
Sanitary facilities shall include a minimum of one toilet and one lavatory for each gender and a minimum of one shower for each gender shall be provided for the exclusive use of the park occupants for the first 10 recreational vehicle spaces. An additional toilet, lavatory, and shower for each gender shall be provided for each additional 10 spaces.
4.
Where a public sanitary sewage system is reasonably accessible, the owner shall connect with the same and provide all recreational vehicle parking spaces a sewer hook-up, except as provided herein. In lieu of individual parking space sewer hook-up capability, trailer sanitation/dump stations, built to code and designed to receive the discharge of sewage holding tanks of self-contained vehicles, may be installed in an accessible location in a recreational vehicle park. If trailer sanitation/dump stations are built on the property, they shall be built in accordance with any Jefferson County Health Department guidelines and subject to inspection by both the City Building Inspector and the Jefferson County Health Department Inspector. Sanitary dump stations shall be screened from other activities by visual barriers such as fences, walls or natural growth and shall be separated from any recreational vehicle parking space by a minimum of 50 feet.
5.
Trash dumpsters shall be located within 300 feet of every recreational vehicle parking space, but no closer than 200 feet and shall be enclosed on all sides with a gated, solid wood or masonry enclosure that is a minimum of six feet in height.
6.
Each recreational vehicle lot shall be provided with an individual electrical service mounted on a pole or pedestal and shall have a disconnecting means consisting of a circuit breaker or a switch and fuses houses in a panel approved for exterior use. A minimum combination of thirty (30) AMP must be provided for each recreational vehicle lot. The owner shall install such electric facilities in a manner equal to the specifications of the City and any applicable codes adopted by the City.
(n)
Access: Recreational vehicle parks shall be so located and designed that no entrance or exit shall require movement of traffic to or from the recreational vehicle park through a residential subdivision. Nothing herein prohibits movement adjacent to a residential subdivision.
(o)
There shall be a twenty (20) foot buffer consisting of trees, landscaping, or natural terrain to serve as a buffer along all property lines where the park adjoins a right-of-way, road, vacant property, or a different land use.
(p)
Conditions of soil, groundwater, drainage and topography shall not create hazards to the property or safety of the occupants. A recreational vehicle park shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. To this end, all recreational vehicle spaces which are located in any designated flood zone shall comply with all applicable federal, state, county, and city laws, codes, regulations, ordinances and requirements.
Section 4:24-6—Other Regulations.
(a)
Access and Internal Streets: Recreational vehicle sites within the park shall be served by internal roads and shall not have direct access to public streets except for entering or exiting. Maintenance of private roads within the park shall be the responsibility of the developer and/or owner of the property.
(b)
Off-Street Parking and Maneuvering Space: The internal circulation system of a recreational vehicle park shall be designed so that parking, loading or maneuvering of vehicles shall not necessitate the use of any public street, sidewalk, right-of-way, or any private grounds not part of the designated parking area. Sufficient maneuvering, space, and off-street parking facilities shall be provided at each vehicle site to accommodate a towing vehicle.
(c)
Fire Hydrants: Fire hydrants shall be required for all recreational vehicle park developments. Fire hydrants shall be located no more than 1,000 feet apart and within five hundred (500) feet of any recreational vehicle site or park structure and shall be of the type, size and design specified by the codes adopted by the city.
(d)
Ground Cover: Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be grassed, landscaped, paved, or covered with gravel to prevent soil erosion.
(e)
Drainage Requirements: Surface drainage plans for the entire tract shall be reviewed as a part of the building permitting process by the city engineer, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan.
Section 4:24-7—Long-Term Storage of Recreational Vehicles.
Recreational vehicles may be stored within an area in a recreational vehicle park only if each of the following requirements are satisfied.
(a)
The recreational vehicle park contains at least six (6) acres.
(b)
The storage area of the recreational vehicle park does not encompass more than three percent (3%) of the total acreage of the area of the property utilized as a recreational vehicle park.
(c)
Recreational vehicles being stored must not be occupied and not be attached to electrical, sewer, or water lines.
(d)
The owner and/or operator of the recreational vehicle park must obtain and maintain current vehicle title documentation of each recreational vehicle stored prior to the placement of the recreational vehicle into storage. The park owner and/or operator shall retain current title documentation for the duration of the storage of a recreational vehicle.
Section 4:24-8—RV Park Rules and Regulations.
All recreational vehicle parks shall have rules and regulations which shall include a statement of when the recreational vehicle park manager will be available, and the rules in regard to storage, garbage, trash, animals, electric utilities, water, sewer, maximum duration of stay, maintenance, security, and other matters having a bearing on the area sanitation, maintenance, use, health and safety. A copy of the recreational vehicle park rules and regulations shall be submitted with the site plan.
Section 4:24-9—Ownership.
Recreational vehicle parks may not be platted or otherwise divided by fee simple ownership, and all facilities, including roads, shall be privately owned and shall not occupy parcels of land which are deeded separately from the rest of the park. The City of Irondale shall not be responsible for maintenance and/or repair of common facilities and/or roadways within any recreational vehicle park.
(Ord. No. 2023-27, § 2, 9-19-23; Ord. No. 2023-34, §§ 2—6, 12-5-23)
ZONE REGULATIONS
This is an agricultural zone, with a low population density, the use of land is primarily for general farming and related functions generally associated with farming, single family residences and related accessory uses.
Section 4:01-1—Uses permitted.
In the A-1 zones, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
Single-family dwelling provided, however, recording of new subdivisions with lots of three acres or more only shall be permitted.
(2)
Apiary.
(3)
Dairy.
(4)
Dog kennel with outside runs. No retail sales.
(5)
General farming.
(6)
Greenhouse and nursery, wholesale only.
(7)
Home occupations, clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the zone 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 and vehicular traffic or any other conditions which would constitute an objectionable use of agriculturally zoned property.
(8)
Poultry farm.
(9)
Rabbit and other animal farms.
(10)
Ranching.
(11)
Removal of chert (temporary use only) maximum six months.
(12)
Recreational camps, river camps, etc. (plat to be approved by the planning and zoning commission).
(13)
Sale and storage of farm products grown on the premises.
(14)
Truck farming.
(15)
Signs, when in conformance with article 5, section 5:22.
Section 4:01-2—Area/dimensional regulations and other requirements.
*All new lots recorded as a subdivision.
ADDITIONAL REQUIREMENTS
See article 3, section 3:26
This is a residential zone and is the most restrictive zone established by this ordinance. The use of land is primarily for single-family residences and related accessory uses.
Section 4:02-1—Uses permitted.
In the E-1 zones no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
Single family dwellings.
(2)
Temporary construction trailers and temporary buildings necessary for the construction of a permitted use, under a temporary permit not exceeding one year in duration.
(3)
Signs, when in conformance with article 5, section 5:22.
(4)
Accessory buildings provided that such buildings, including garages, shall be erected and maintained only as accessory to the dwelling situated on the same lot or grounds.
(5)
Home occupations, when situated within the dwelling and fulfilling the requirements of a home occupation as defined in this ordinance, upon approval of the board of zoning adjustment.
(6)
The leasing of sleeping rooms by a resident family provided the total number of roomers or boarders does not exceed two in any one dwelling.
Section 4:02-2—Area/dimensional regulations and other requirements.
This is a residential zone in which population density is slightly higher than in the E-1 zone, but with basic use restrictions remaining similar to those of E-1. The use of land is primarily for single-family residences and related accessory uses.
Section 4:03-1—Uses permitted.
In the R-1 zones no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
Single family dwelling.
(2)
Temporary construction trailers necessary for the construction of a permitted use, under a temporary permit not exceeding one year in duration.
(3)
Signs, when in conformance with article 5, section 5:22.
(4)
Accessory buildings provided that such buildings, including garages, shall be erected and maintained only as accessory to the dwelling situated on the same lot or grounds.
(5)
Home occupations, when situated within the dwelling and fulfilling the requirements of a home occupation as defined in this ordinance, upon approval of the board of zoning adjustment.
(6)
The leasing of sleeping rooms by a resident family provided the total number of roomers or boarders does not exceed two in any one dwelling.
Section 4:03-2—Area/dimensional regulations and other requirements.
This is a residential zone in which population density is slightly higher than in the R-1 zone, but with the basic use restrictions remaining similar to those of R-1. The use of land is primarily for single-family residences and related accessory uses.
Section 4:04-1—Uses permitted.
In the R-2 zones no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
(1)
All uses permitted in R-1.
(2)
Signs when in conformance with article 5, section 5:22.
Section 4:04-2—Area/dimensional regulations and other requirements.
This is a residential zone of medium to high population density. The principal use of land is to provide two-family or duplex structures and related accessory uses.
Section 4:05-1—Uses permitted.
In the R-3 zones, no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
All uses permitted in R-2 zones.
(2)
Two-family duplex dwellings.
Section 4:05-2—Area/dimensional regulations and other requirements.
This is a residential zone of medium to high population density. The principal use of land is to provide multi-family structures and related accessory uses.
Section 4:06-1—Uses permitted.
In the R-4 zones, no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
Condominiums.
(2)
Multi-family apartment dwelling buildings.
(3)
Nurseries for pre-school age children with the approval of the planning and zoning commission.
(4)
Related uses: maintenance buildings, laundromats, etc.
Section 4:06-2—Area and dimensional regulations and other requirements for multi-family dwellings (other than duplex).
In the permitted uses shown above under Section 4:06-2, the area and dimensional regulations set forth in the following table shall be observed;
Note: Side yards may be reduced to a minimum dimension of fifteen (15) feet if adjoining property is zoned commercial.
a.
Setbacks shall be measured in accordance with Section 3.44—Exceptions and Modifications to Area and Dimensional requirements or as required herein.
b.
No building located in R-4 Multifamily District shall be located nearer a dedicated exterior street than thirty (35) feet. No dwelling unit or building shall be located nearer to a private drive than ten (10) feet. All buildings shall be separated by not less than sixteen (16) feet.
Section 4:06-3—Interior living space.
(Ord. No. 2006-11, 3-21-06)
This is a residential zone of medium to high population density. The principal use of land is to provide multi-family structures and related accessory uses.
Section 4:06A-1—Uses permitted.
In RCD zones no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
Condominiums (single family residential dwellings).
(2)
Related uses: maintenance buildings, laundromats, covered pool areas, etc.
Section 4:06A-2—Area and dimensional regulations for condominium-residential dwellings.
In the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
Building Height
Vertical measure: 110 feet or 8 stories whichever is highest. (Vertical height is measured on the building front from the ground elevation to the top (roof) of the highest finished dwelling unit.)
Note: Side yards may be reduced to a minimum dimension of thirty (30) feet if adjoining property is zoned commercial and/or industrial.
a.
Setbacks shall be measured in accordance with Section 3.44 Exceptions and Modifications to Area and Dimensional requirements or as required herein.
b.
No building located in an RCD district shall be located near a dedicated exterior street closer than Fifty (50) feet. No dwelling unit or building shall be located closer than ten (10) feet to a private drive. All buildings shall be separated by no less than forty (40) feet.
c.
Building coverage. No more than 40% of the lot may be covered by principal and accessory buildings, except that where parking is located within the structure, the maximum coverage may be increased to 50%.
d.
Additional development requirements:
(1)
Placement of drives and parking areas: No drive or parking area shall be located closer than twenty five (25) feet from any lot line, unless there is adequate buffering as determined by the planning and zoning commission.
(2)
Spacing of buildings: Detached principal or accessory buildings shall not be placed closer than forty (40) feet from any other building.
(3)
Recreation area required:
(a)
No less than 8% of net development acreage shall be designated for recreational usage.
(b)
The 8% of land area shall not include land used to provide minimum yard requirements, parking areas for dwelling units, or streets.
(4)
Separation of more than 150 dwelling units:
(a)
Individual site plans shall not be approved for more than 150 dwelling units unless there is at least a 25-foot landscaped or natural buffer screen separating the different portions of the plan.
(b)
A buffer screen compliance of 15 feet will be required on the side and rear lot lines, and a landscaped buffer area will be required on the front lot line of the development.
(5)
The building structure must be provided with a sprinkler system for each residential unit, maintenance building, garage area, and any other structure as determined by the fire marshal.
e.
Reference to additional regulations:
(1)
In addition to the above, all applicable off-street parking, loading, sign, buffer, and supplemental regulations shall apply to uses within this district.
(2)
The developer shall provide a letter to the planning and zoning board at the public hearing from the respective utilities as to their capability of serving the development. In addition, a final letter of capacity to serve the development and building structures for fire protection shall be submitted before a building permit is issued.
(3)
The plans for the structures and site development shall be signed by an Alabama registered architect, engineer, and a fire protection engineer respectively.
(4)
The plans must provide adequate provisions for the city fire department equipment to safely serve the development.
(Ord. No. 2006-52, § 2, 2-6-07)
This is a residential zone of medium to high population density. The principal use of land is to provide town house structures. Internal stability, safety, attractiveness, order and efficiency in the use of land are encouraged by providing for adequate light, air and open space for dwelling and related facilities and through consideration for the proper functional relationships of the different land uses within the zone.
Section 4:07-1—Uses permitted.
In the R-5 zones, no building or structure except as otherwise provided in this ordinance shall be erected or used except for one or more of the following uses:
(1)
Town house dwellings.
(2)
Accessory structures in conformance with article 2, section 2:98. One (1) per lot not to exceed two hundred (200) square feet.
Section 4:07-2—Area/dimensional regulations and other requirements.
ADDITIONAL REQUIREMENTS
This is a residential zone of medium to high population density. The principal use of land is for the flexible and orderly arrangement of large planned residential areas designed as a single unit incorporating single family detached to multiple family structures and other compatible uses. This zone is intended to be defined and protected from encroachment of uses which are not compatible with residential environments. Internal stability, safety, attractiveness, order and efficiency in the use of land are encouraged by providing adequate light, air and open space for residences and related facilities and through consideration for the proper functional relations of the different land uses.
Section 4:08-1—Uses permitted.
In R-6 zones, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided in this ordinance, except for the following uses:
1.
Residential single-family dwellings.
2.
Duplex dwellings.
3.
Multi-family dwellings.
4.
Institutional I and II uses.
5.
Office and C-1 commercial uses.
6.
Accessory structures and uses customarily incidental to the above permitted uses in accordance with article 2, section 2:98.
7.
Additional uses as may be approved based upon site plan review by the planning and zoning commission.
8.
Signs shall be permitted only in accordance with article 5, section 5:22 of this ordinance; however, business signs shall be further limited to identification signs placed upon the structures or individual businesses themselves, and shopping center identification signs placed within such designated commercial district. No outdoor advertising signs or billboards will be permitted in a planned unit development district.
Section 4:08-2—Definitions.
The following definitions shall apply to terms used in the regulations for a planned unit development district:
a.
Common open space—Land area of the site which is accessible and available to all occupants of dwelling units for whose use the space is intended, reserved primarily for the leisure and/or recreational use of the development's residents and is not covered by buildings (except recreational structures), right-of-ways, institutional and commercial uses.
b.
Gross site area—Total land area to be classified as a planned unit development district.
c.
Land use district—Delineation of land area intended for a specific use, including commercial development, institutional sites, the various types of single and multi-family housing (as defined herein), etc.
d.
Net residential density—Number of dwelling units per acre by specific type (e.g., single family residences, multi-family, town houses, etc.) for each specific residential district.
e.
Planned unit development—A development project comprehensively planned as a single entity via a unified site plan which permits flexibility in siting and development design, mixtures of housing types and land uses, usable open spaces and the preservation of natural features; such a project shall hereinafter be referred to as "the development."
f.
Public open space—Land reserved for leisure and/or recreational use but dedicated in fee to a governing body or agency to be responsible for operation and maintenance; such land is therefore not for the exclusive use of the development's residents.
Section 4:08-3—General regulations and guidelines.
a.
The permitted number of dwelling units should in no case exceed the number which could be permitted in accordance with the minimum lot size and density requirements of each individual district.
b.
Office, institutional and commercial shall meet the requirements of each district as required by the individual district.
c.
All pertinent regulations specified elsewhere in the zoning ordinance that may be applicable, including minimum parking requirements, water supply and sewage disposal, density schedules, etc., shall be in force.
d.
All setbacks shall be those of each zone as required within that zone.
Section 4:08-4—Procedure of application for a planned unit development district.
a.
Pre-application conference. Before filing any application for a planned unit development district, the prospective applicant shall submit to the planning and zoning commission the preliminary development plans and sketches and basic site information for consideration and comments as to the relation of the proposal to general development objectives in the area, city policies and practices, etc. In order to allow adequate review time, these materials must be submitted to the city clerk at least ten days prior to the date for the pre-application conference.
b.
Application. After the pre-application conference has been held, formal application for zoning can be made. However, in addition to the information usually required, supplementary materials regarding such things as ownership(s), development objectives and construction schedules, maintenance agreements, quantitative development summaries and a development site plan must be submitted at the time of application.
Section 4:08-5—Supplementary materials to the application for a planned unit development district.
Listed below is the additional information required when applying for R-6 PUD (planned unit development) zoning:
a.
Written documentation.
1.
Legal description of the total site, including a statement of present and proposed ownership.
2.
A statement of development objectives, including a description of the character of the proposed development and its relationship to surrounding development.
3.
A development schedule indicating the approximate date when construction of the development can be expected to begin and be completed, and any applicable phasing of construction.
4.
A statement of the applicant's intentions with regard to future selling or leasing of all or portions of the development, including land areas, dwelling units, etc.
5.
Plan or intended manner of permanent care and maintenance of open spaces, recreational areas, road right-of-ways, public utilities, etc.
6.
Quantitative summary information for each proposed district in the PUD development.
b.
Development site plan including the following items:
1.
Development name.
2.
Legal tie, quarter-quarter section, township and range.
3.
Scale.
4.
Vicinity map and north arrow.
5.
Boundary survey and dimensions of property.
6.
Topographic map and floodplain information.
7.
Delineation of proposed land use districts.
8.
Proposed lot lines and dimensions.
9.
Number of all existing and proposed residential buildings and structures, including: Distribution of housing types - location, grouping and orientation - number of stories and maximum heights.
10.
Number of all existing and proposed non-residential buildings and structures, including: Types of uses proposed - location, grouping and orientation - number of stories and maximum heights.
11.
Location and sizes of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi-public uses.
12.
Location of utility easements.
13.
Existing and proposed circulation system of public arterial, collector and local streets, and any private streets including: Location and dimensions of streets, alleys, driveways and points of access to public right-of-ways - notations of proposed ownership - location, dimensions and capacities of parking areas - service and loading zones - pedestrian circulation.
14.
A general landscape plan indicating treatment of materials used for private and common open spaces, and the proposed treatment of the perimeter of the development, including materials and techniques used.
c.
Any additional information necessary to evaluate the character and potential impact of the proposed development and or as required by the planning and zoning commission.
This is a residential zone of medium to high population density. The principal use of land is to provide detached single family dwellings to be developed and constructed according to an overall plan. This zone is intended to be defined and protected from encroachment of uses which are not compatible with residential environments. Internal stability, safety, attractiveness, order and efficiency in the use of land are encouraged by providing adequate light, air and open space for residences and related facilities.
Section 4:09-1—Uses permitted.
In R-7 zones, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:
1.
Single family dwellings.
2.
Group homes (within a single-family dwelling) for housing people who are mentally retarded or mentally ill who have not demonstrated an overt act of harm to themselves or someone else.
3.
Accessory structures in accordance with article 2, section 2:98.
Section 4:09-2—Area/dimensional regulations and other requirements.
Section 4:10-1—Purpose.
The (O) office district zone is provided for the orderly arrangement of commercial, clerical and administrative and professional office space. The regulations set forth in this article or elsewhere in this ordinance, when referred to in this article, are the regulations in the (O) office district.
Section 4:10-2—Use regulations.
A building or premises shall be used only for the following purposes:
(1)
A public, semi-public, or private office:
a.
Sales office; provided, that merchandise shall not be stored on the premises.
b.
Professional offices.
c.
Accessory structures and uses incidental to the permitted use of the premises and which are carried on wholly within a main building or accessory building. Such uses may include:
(1)
Drugstore limited in size to that which is of service to the principal use of the premises.
(2)
Restaurant or coffee shop; provided, that the serving of food or beverages to patrons waiting in parked automobiles or drive-thru windows shall not be permitted.
(3)
Retail sales and service shops limited in character and size to that which is of service to the principal use of the premises.
(4)
See ordinance 3-0297.
Section 4:10-3—Area and dimensional regulations.
(1)
Generally. The area and dimensional regulations set forth in the following shall be observed:
(2)
Open space between buildings. Open space between buildings, measured at the closest point between buildings, shall not be less than twenty (20) feet.
Section 4:10-4—Parking regulations.
Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in section 3:13-3 through section 3:13-6 inclusive, of the existing zoning ordinance of the city.
Section 4:10-5—Plan and other information may be required.
A development plan may be required by the planning and zoning board as an aid in determining the merits of a petition to establish an O zone district. If such a zone district is established partially on the basis of an approved development plan, building permits will be issued only for structures which are in general conformity with said plan. Said plan shall include the following:
(1)
A site plan showing:
a.
The direction of north, scale and topography in not greater than five-foot contour intervals.
b.
The proposed location of buildings.
c.
The use of building and premises.
d.
The areas and proportionate amounts of parking to be developed.
e.
The location of streets, driveways and walks.
f.
All service and loading spaces.
g.
Location and areas of illumination of all exterior lighting.
h.
The location, size, number and character of all exterior signs.
i.
The location, character and extent of landscaping, retaining and screen walls, and other treatment for the protection of adjoining property.
j.
The facilities for surface drainage of the premises.
(2)
A copy of any deed restrictions to be recorded.
Section 4:10-6—Review and approval of plan.
If a development plan is required, said plan, together with any supplementary information, shall be referred to the planning and zoning commission for study and recommendations before any action is taken on petition for establishment of an O zone district. Reasonable additional requirements may be recommended by the planning and zoning commission for the protection of adjoining property. The planning and zoning commission shall report its recommendations and reasons therefore to the city council for action according to the procedure specified in section VII of the zoning ordinance of the city.
Section 4:11-1—Use regulations.
Within an Inst.-1 institutional district, a building or land shall be used only for the following purposes:
a.
Churches, including all structures normal and incidental to such use.
b.
Public elementary and high schools, and private or parochial elementary and high schools having curricula approximately the same as ordinarily given in public schools.
c.
Public playgrounds and parks.
d.
On premise signs and permitted only in accordance with the regulations contained in article 5, section 5:22 of this ordinance.
Section 4:11-2—Area and dimensional regulations.
In all the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
a.
There shall be no more than 35 percent coverage of the land area by buildings or structures. This provision shall apply only to newly established uses.
Section 4:11-3—Change of ownership.
When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified to use.
Section 4:11-4—Buffer regulations.
Upon any side or rear lot line which abuts a residential district there shall be a planted buffer strip along the rear and/or side lot line(s) abutting the residential properties as described in article 2, section 2:40 of this resolution. This provision shall apply only to newly established uses.
Section 4:12-1—Use regulations.
Within an Inst.-2 institutional district, a building or land shall be used only for the following purposes:
a.
Business colleges and trade schools.
b.
Charitable and philanthropic organizations including sales establishments/charitable organizations engaged in providing and or supplying convenience goods/items for sale to the general public as defined in section 2:74(b), Retail sales—Non-taxable.
c.
Colleges and universities.
d.
Convalescent and nursing homes and homes for the aged.
e.
Convents and monasteries.
f.
Day nurseries and kindergartens.
g.
Fire stations.
h.
Government buildings used exclusively by the federal, state, county, or municipal government for public purposes except for garages, repair or storage yards, warehouses and buildings used or intended to be used as correctional or penal institutions for housing prisoners, for industrial type operations, or for operations requiring heavy and frequent movement of trucks.
i.
Helistops. (Permitted on appeal only)
j.
Hospitals.
k.
Libraries, community centers, private parks, museums, art galleries, legitimate theaters, etc.
l.
Lodges, fraternal and social organizations, headquarters for Scout and other youth organizations, YMCA and YWCA facilities.
m.
Membership clubs not operated for profit.
n.
On premise signs are permitted only in accordance with the regulations contained in article 5, section 5:22 of this ordinance.
o.
Stadiums, coliseums and assembly halls owned by non-profit organizations or by state, county or municipal government.
p.
Transitional homes.
q.
See ordinance 3-0297.
Section 4:12-2—Area and dimensional regulations.
In all the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
*Rear yard may be reduced to fifteen (15) feet if the adjoining property is zoned commercial, industrial or utilities.
**If the adjoining property is zoned commercial, industrial, utilities, or institutional-3, interior side yard setbacks may be reduced to zero feet; however, if the structure is not built to the side lot line, a minimum setback of at least ten feet shall be maintained.
Section 4:12-3—Change of ownership.
When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified to use.
(Ord. No. 2010-37, 9-7-10)
Section 4:13-1—Use regulations.
Within an Inst.-3 institutional district, a building or land shall be used only for the following purposes:
a.
Government buildings used exclusively by federal, state, county of municipal government for public purposes.
b.
Helistops. (Permitted on appeal only)
c.
Mental health care or treatment facilities.
d.
Penal and correctional institutions.
e.
On premise signs are permitted only in accordance with the regulations contained in article 5, section 5:22 of this ordinance.
f.
See ordinance 3-0297.
Section 4:13-2—Area and dimensional regulations.
In all the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
Section 4:13-3—Change of ownership.
When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified to use.
This is a commercial zone in which it is intended that personal and business services as well as the general retail business of the community will be conducted. The use of land is primarily for offices, shops, stores, and related establishments supplying convenience goods and services. Order and efficiency in the use of land, safety, and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:14-1—Uses permitted.
No building or structure or part thereof shall be erected, altered, or used, or premises used in whole or in part for other than one or more of the following specified uses and shall comply with the definition of retail sales as defined in section 2:74(a).
(a)
Business services; including banks, loan companies, insurance offices, public accountants, real estate offices, stenographic services, business consultants, and management companies.
(b)
Clothing services; including laundry shops, dry cleaning establishments which do not have dry cleaning equipment on the premises, dressmaking shops, millinery shops, tailors, and shoe repair shops.
(c)
Skilled trade services; including plumbing, electric and heating technicians, radio and television repair, carpenters, painters and brick masons.
(d)
Commercial offices; including-advertising agencies, travel agencies, building contractors offices, and corporation offices.
(e)
Food sales and restaurants; including groceries, meat markets, delicatessens, bakeries, coffee shops, soda fountains, poultry sales, and seafood sales; including drive-in restaurants but not including any meat or poultry sales where slaughtering is done on the premises.
(f)
Personal services; including beauty shops, barber shops, reducing salons, photographic studios, and shoe repairs.
(g)
Professional services; including medical clinics, doctors, sports medicine and therapeutic clinics, dentists offices, attorneys, engineers, architects, landscape architects and surveyors offices, opticians.
(h)
Retail sales; including drug stores, department stores, stationery and book stores, news dealers, flower stores, haberdasheries, household appliance shops, hardware stores, gift shops, and art supply stores.
(i)
Trade schools, dance schools, business colleges and correspondence schools.
(j)
Other retail sales and personal service establishments similar in character to the above uses.
(k)
Combination business and dwelling buildings as specified in section 3:20 of this ordinance.
(l)
Radio and telecasting studios but not transmitting antennae.
(m)
Central offices and professional office buildings.
(n)
Civic centers, theaters, clubs and lodges.
(o)
Shops for making merchandise to be sold at retail on the premises employing not more than five (5) employees in manufacturing operations, such as; wearing apparel, including gloves, hosiery, dresses and handbags; small leather goods, dental products; optical goods, jewelry; surgical goods; toiletries and cosmetics; printing and engraving; furniture re-upholstering and redecorating.
(p)
Greenhouses in conjunction with florist shops provided said greenhouses shall not be over 1,000 square feet in area.
(q)
Reserved.
(r)
Retail plumbing shop.
(s)
Recreation centers including bowling alleys, roller skating rinks, dance halls, pool and billiard rooms; when conducted entirely within an enclosed building.
(t)
Pet hospitals and dog kennels where animals are kept entirely within an enclosed building. No outside runs.
(u)
Planned shopping centers on approval of the planning and zoning commission as called for under article V of this ordinance.
(v)
Motels on the approval of the planning and zoning commission as called for under article V of this ordinance.
(w)
Any accessory building and use customarily incidental to a use authorized by this section. Any building and use for any of the above enumerated purposes may not have more than 40 percent of the floor area devoted to fabricating or storage areas incidental to such primary use, unless approved by the planning and zoning commission as called for under article V of this ordinance.
(x)
Mini-cellular sites. Sites inclusive of towers and/or antennae, not to exceed 20 feet in height; also inclusive of "whips," panels, and/or parabolic "dishes" not to exceed 100 square feet. See ordinance 3-0297.
1.
Mini-cellular sites shall be located no closer than 500 feet to another legally located mini-cellular site (measured structure to structure) on same side of the street or highway.
2.
Mini-cellular sites shall be located no closer than 250 feet to another legally located mini-cellular site (measured structure to structure) on the opposite side of the street.
Section 4:14-2—Area/dimensional regulations and other requirements.
Section 4:14-3—Signs.
In conformance with article 5, section 5:22.
Section 4:14-4—Lighting.
All lighting utilized within a C-1 zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors, or signs which flicker or flash, must be first approved by the planning and zoning commission to insure that such signs will not be confused with traffic control signals.
Section 4:14-5—Off-street parking and loading.
Off-street parking and loading space for all C-1 uses, shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:14-6—Greenbelt.
All nonresidential uses permitted in C-1 zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt eight feet wide along the property line.
Section 4:14-7—Off-street parking and loading.
Off-street parking and loading space for all I-3 uses, shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:14-8—Submission of plan and other information.
The owner or owners of a tract of land comprised of ten acres or more, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
(1)
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks, and the points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property. All streets/roadways shall be marked as public or private ownership.
(2)
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
(3)
A copy of any deed restrictions intended to be recorded.
Section 4:14-9—Conditional uses.
(a)
Automobile dealership.
(Ord. No. 2010-37, 9-7-10; Ord. No. 2011-3, 2-1-11; Ord. No. 2022-28, §§ 2, 3, 10-18-22)
This is a commercial zone in which it is intended that general retail, wholesale, and related transportation activities will be conducted. The use of land is primarily for commercial enterprises in which medium to large sites are required for storage, distribution, service, and assembly purposes. Order and efficiency in the use of land, safety and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:15-1—Uses permitted.
No building or structure, or part thereof, shall be erected, altered, or used, in whole or in part for other than one or more of the following specified uses:
(a)
Uses permitted in C-1 zones except dwellings.
(b)
Warehouses, storage terminals and loft buildings, bus and trucking stations and terminals, provided loading and unloading platforms are at least 50 feet from the roadway.
(c)
Service stations and repair garages.
(d)
Storage in bulk of, or warehouses for, building materials, contractors, equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(e)
Industrial research laboratories.
(f)
Machine shops in which only lathes, drill presses, shapers, planers, grinders and similar tools are used and no hammering, rolling, spinning, heat treating, welding or riveting is done, or stamping machines, die presses, forges, heavy metal shears, saws, or other noise or vibration-producing tools or machines are used; and further provided that the number of employees shall not exceed 15.
(g)
Publishing, newspaper, and printing plants provided the number of employees shall not exceed 15.
(h)
Monument shops.
(i)
Greenhouses.
(j)
Cold storage plants.
(k)
Bottling works, including milk bottling or distribution stations.
(l)
Recreational centers partially or entirely out of doors.
(m)
Pet hospitals and dog kennels where animals and birds are kept partially or entirely out of doors.
(n)
Other retail sales and personal service establishments similar in character to the above uses.
(o)
Drive-in theatres on approval of the planning and zoning commission as called for under article V of this ordinance.
(p)
Circuses, private stadiums, race tracks, and amusement parks on approval of the planning and zoning commission as called for under article V of this ordinance, when applicable.
(q)
Funeral homes, parlors or mortuaries.
(r)
Radio or television transmitting antennae facilities and communication sites. See ordinance 3-0297.
(s)
Manufacture and assembly of electronic circuit components for computers and similar equipment.
(t)
Reserved.
(u)
Rental establishments, not including heavy equipment.
(v)
Personal service establishment. Quick oil change, muffler and brakes, minor tune up, lawn mower repair, other similar uses, but not including major engine, transmission or any type of paint and body repair.
(w)
Any customary accessory building or use incidental to the main use herein permitted.
(x)
Hospitals with accessory and incidental structures having a minimum lot area of 10 acres.
Section 4:15-2—Area/dimensional regulations and other requirements.
Section 4:15-3—Signs.
In conformance with article 5, section 5:22.
Section 4:15-4—Lighting.
All lighting utilized within a C-2 zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors; or signs which flicker or flash must be first approved by the planning and zoning commission to insure that such signs will not be confused with traffic control signals.
Section 4:15-5—Off-street parking and loading.
Off-street parking and loading space for all C-2 uses shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:15-6—Greenbelt.
All nonresidential uses permitted in C-2 zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt 12 feet wide along the property line.
(Ord. No. 2007-38, § 1, 10-16-07)
Section 4:15-7—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(b)
Automobile dealership.
(Ord. No. 2022-11, § 3, 6-22-22; Ord. No. 2022-28, §§ 4, 5, 10-18-22)
Section 4:16-1—Use regulations.
Within a C-3 commercial adult entertainment district, a building or land shall be used only for the following purposes:
a.
Adult establishments.
b.
Adult amusement or recreational facilities.
c.
Massage parlors.
d.
Accessory structure and uses.
e.
No adult entertainment establishment operating within this zoning district shall be permitted within 1,000 feet of any religious institution, school and/or residential district, kindergarten or child-care facility, public or private park or playground. The distance provided herein shall be measured from zoning district/line of the facility authorized to the nearest zoning district/line of the above listed use.
f.
All establishments shall be limited to one sign only, not to exceed 15 square feet and must be placed to the front of the establishment. Signs shall not have flashing lights or graphic displays.
g.
No visible exposure to the general public of activities within the establishment (all windows and doors to be covered or blacked out).
h.
See ordinance 3-0297.
i.
The following shall apply to all establishments offering and providing the services for tattooing, body art, or body piercing procedures.
(1)
Any establishment offering the above services shall have Jefferson County Health Department approval before being allowed to operate in the City of Irondale.
(2)
All licenses for such services shall be reviewed for approval on a year-to-year basis by the city council.
(3)
All other pertinent subsections of Section 4:16 shall apply to the operation of such establishments within the zoning district.
Section 4:16-2—Area and dimensional regulations.
In the above permitted uses, the area and dimensional regulations set forth in the following table shall be observed:
Section 4:16-3—Definitions.
For the purposes of this ordinance, certain words and terms are defined as herein indicated and shall apply to all parts of this ordinance. Unless specifically defined herein, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicated otherwise: the words "used for" shall include the meaning "designed for"; and the word "structure" shall include the word "building"; the word "lot" shall include the words "plot" and "tract"; and the word "shall" is mandatory.
Section 4:16-4—Accessory structure or use.
An accessory structure is a subordinate building, the use of which is incidental to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.
Section 4:16-5—Adult establishments.
a.
Adult book store: An establishment having, as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, cassette tapes and films which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, or an establishment with a segment or section devoted to the sale or display of such material.
b.
Adult establishment, amusement or recreational facility: Mini motion picture theater, adult motion picture theater or any combination thereof.
c.
Massage parlors: An enclosed building used for the purpose of providing body rubdowns, back rubs, baths and massages wherein staff of said establishment may provide the foregoing services to patrons of the opposite sex, except for duly defined and licensed, by the city or state licensing boards, physical therapists, massage therapists, athletic trainers, barbers, cosmetologists as well as physicians, chiropractors or any individual working under the supervision of a physician or chiropractor.
d.
Adult mini motion theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, for observation by patrons therein.
e.
Adult motion picture theater: An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, for observation by patrons therein.
f.
Specified anatomical areas: (1) Less than completely and opaquely covered human genitals, public region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
g.
Specified sexual activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse or sodomy; and (3) fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Ord. No. 2002-12, 5-7-2002)
This is an industrial zone in which it is intended that manufacturing, assembling, and fabricating processes will be conducted. The use of land is primarily for industrial operations in which medium to large sites are required, convenient access to highway or rail is necessary, and the offensive characteristics of the process are kept to a minimum. Order and efficiency in the use of land, safety and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:17-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used, or premises used, in whole or in part, for other than one or more of the following specified uses, and/or when in conformance with section 3:25 of this ordinance:
(a)
Uses permitted in C-2 zones.
(b)
Blacksmith shop, or machine shop, wrought iron shop, excluding the following: punch presses over 20 tons rated capacity, drop hammers, and automatic screw machines.
(c)
Electric appliance assembly.
(d)
The manufacturing of small electrical parts, and neon signs.
(e)
The manufacture of musical instruments, toys, novelties, rubber or metal stamps.
(f)
Assembly plants, the assembled or sub-assembled products of which shall, in their finished state be such as to be easily portable.
(g)
Production of crystal glass, art novelties, pottery, figurines, or similar ceramic products using previously pulverized clay.
(h)
The manufacturing, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, wood excluding the use of planing mills, yards, and paint not requiring a boiling process.
(i)
The manufacturing, compounding, processing, treatment, or packing of: bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, toiletries, and condiments; but not including fish, sauerkraut, vinegar, and yeast.
(j)
Any other manufacturing or industrial enterprise, operation or processing, whether making, assembling, repairing, buffing, finishing, plating, polishing, tempering, welding, packing, shipping or storing: provided that any resulting cinders, dust, flashing, fumes, gas, noise, odor, refuse matter, smoke, vapor, or vibration is confined effectively to the premises and no fire hazard is created.
(k)
Poultry and meat processing. (excluding slaughter houses and tanneries)
(l)
Any use determined by the planning and zoning commission as called for under article V of this ordinance, when applicable.
(m)
Accessory buildings and uses customarily incidental to the above uses when on the same lot.
(n)
Storage in bulk of, or warehouses for, building materials, contractors equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(o)
Reserved.
(q)
Rental establishments including heavy equipment.
(r)
Personal service establishments, quick oil change, muffler and brakes, minor tune up, lawn mower repair, other similar uses, including major engine, transmission or any type of automobile paint and body repair.
(s)
See ordinance 3-0297.
Section 4:17-2—Area/dimensional regulations and other requirements.
Section 4:17-3—Signs.
In conformance with article 5, section 5:22.
Section 4:17-4—Off-street parking and loading.
Off-street parking and loading space for all I-1 uses shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:17-5—Greenbelt.
Where an I-1 zone is located adjacent to a residential zone, a twenty-foot greenbelt shall be provided and maintained along all interior lot lines.
Section 4:17-6—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(b)
Automobile dealership.
(Ord. No. 2022-11, § 4, 6-22-22; Ord. No. 2022-28, §§ 6, 7, 10-18-22)
This is an industrial zone in which it is intended that industrial uses not permitted in I-1 will be located. In addition, other uses not provided for or prohibited by this ordinance shall be permitted in this zone. Safety and efficiency in the use of land are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within the zone. The following provisions shall apply in all I-2 zones.
Section 4:18-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used, or premises used, in whole or in part for other than one or more of the following specified uses:
(a)
Uses permitted in I-1 zones.
(b)
Railroad yards.
(c)
Automobile wrecking and junk yards provided that such use is entirely enclosed within a substantial opaque fence not less than six feet nor more than ten (10) feet in height, subject to approval by the planning and zoning commission. Material stored within the fence shall not be higher than the height of the fence.
(d)
Any lawful use of land or building when not expressly prohibited or provided for in this ordinance, shall be a lawful use in all I-2 zones when such uses comply with this ordinance, subject to approval by the planning and zoning commission.
(e)
Heavy equipment sales and service.
(f)
See ordinance 3-0297.
Section 4:18-2—Uses prohibited.
In I-2 zones, no building or structure or premises shall be used and no building or structure shall be erected or altered which is intended or designed to be used in whole or in part, except where incidental to a permitted principal use, for any of the following uses:
—
Tanneries.
—
Stockyards.
—
Rendering plants.
—
Glue, size or gelatin manufacturing where the process includes the refining or recovery of products from fish, animal refuse or offal.
—
Steam hammers.
—
Corrosive acid manufacture, such as hydrochloric, nitric, picric, and sulphurous or sulfuric acid.
—
Explosive manufacture or storage, except the storage of small arms ammunition.
—
Fertilizer manufacture, compost or storage.
—
Operation similar to the above.
—
Dwellings for humans including motels and mobile homes.
—
Institutions for human care including hospitals, clinics, and schools.
Provided that the above listed manufacturing or processing operations may be permitted by planning commission approval upon satisfactory proof and evidence that engineering, design and practice for such operations will comply with all requirements set forth in this ordinance and as being no injurious to the surrounding property and not contrary to the spirit and purpose of this ordinance.
Section 4:18-3—Area/dimensional regulations and other requirements.
Section 4:18-4—Signs.
In conformance with article 5, section 5:22.
Section 4:18-5—Greenbelt.
A twenty-foot greenbelt shall be provided and maintained in a healthy growing condition along all interior lot lines abutting a residence or a residential zone.
Section 4:18-6—Off-street parking and loading.
Off-street parking and loading space for all I-2 uses shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:18-7—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(Ord. No. 2022-11, § 5, 6-22-22)
This is an industrial zone in which it is intended that manufacturing, assembling, and fabricating processes will be conducted. The use of land is primarily for industrial operations in which medium to large sites are required, convenient access to highway or rail is necessary, and the offensive characteristics of the process are kept to a minimum. Order and efficiency in the use of land, safety and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:19-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used, or premises used, in whole or in part for other than one or more of the following specified uses:
(a)
Skilled trade services; including plumbing, electric and heating technicians, radio and television repair, carpenters, painters and brick masons.
(b)
Commercial offices; including advertising agencies, travel agencies, building contractors offices, and corporation offices.
(c)
Radio and telecasting studios including transmitting antennae.
(d)
Central offices and professional office buildings.
(e)
Warehouses, storage terminals and loft buildings, trucking stations, terminals and attendant service repair garages, providing loading and unloading platforms are at least fifty (50) feet from the roadway.
(f)
Storage in bulk of, or warehouses for, building materials, contractors equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, petroleum or other flammable fluids in above ground tanks, except in accordance with section 3:27, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(g)
Industrial research laboratories.
(h)
Machine shops in which only lathes, drill presses, shapers, planers, grinders and hammering, rolling, spinning, heat treating, welding or riveting is done, or stamping machines, die presses, forges, heavy metal shears, saws, or other noise or vibration producing tools or machines are used.
(i)
Publishing, newspaper, and printing plants.
(j)
Monument shops.
(k)
Cold storage plants.
(l)
Bottling works, including milk bottling or distribution stations.
(m)
Other uses similar in character to the above uses.
(n)
Any customary accessory building or use incidental to the main use herein permitted.
(o)
Blacksmith shop, or machine shop, wrought iron shop, excluding the following: punch presses over 20 tons rated capacity, drop hammers, and automatic screw machines.
(p)
Electric appliance assembly.
(q)
The manufacturing of small electrical parts, and neon signs.
(r)
The manufacture of musical instruments, toys, novelties, rubber or metal stamps.
(s)
Assembly plants, the assembled or sub-assembled products of which shall, in their finished state be such as to be easily portable.
(t)
Production of crystal glass, art novelties, pottery, figurines, or similar ceramic products using previously pulverized clay.
(u)
The manufacturing, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, wood excluding the use of planing mills, yards, and paint not requiring a boiling process.
(v)
The manufacturing, compounding, processing, treatment, or packing of: bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, toiletries, and condiments; but not including fish, sauerkraut, vinegar and yeast.
(w)
Any other manufacturing or industrial enterprise, operation or processing, whether making, assembling, repairing, buffing, finishing, plating, polishing, tempering, welding, packing, shipping or storing; provided that any resulting cinders, dust, flashing, fumes, gas, noise, odor, refuse matter, smoke, vapor, or vibration is confined effectively to the premises and no fire hazard is created.
(x)
Poultry and meat processing.
(y)
Any use determined by the planning and zoning commission as called for under article V of this ordinance, when applicable.
(z)
Accessory buildings and uses customarily incidental to the above uses when on the same lot.
(aa)
Storage in bulk of, warehouses for, building materials, contractors equipment, food, fabrics, plumbing supplies, hardwares, and similar goods; provided that such permitted use shall not store scrap, junk, discarded or salvage materials, petroleum or other flammable fluids in above ground tanks, or be used for wrecking or dismantling of motor vehicles; provided that any open yard storage is entirely enclosed within a substantial opaque fence not less than six feet in height.
(bb)
Railroad yards.
(cc)
Any lawful use of land or building when not expressly prohibited or provided for in this ordinance, shall be a lawful use in all I-3 zones when uses comply with this ordinance, subject to approval by the planning and zoning commission.
(dd)
See ordinance 3-0297.
Section 4:19-2—Uses prohibited.
In I-3 no building or structure or premises shall be used and no building or structure shall be erected, altered which is intended or designed to be used in whole or in part, except where incidental to a permitted principal use, for any of the following uses or under article V:
—
Tanneries.
—
Stockyards.
—
Rendering plants.
—
Glue, size or gelatin manufacturing where the process includes the refining or recovery of products from fish, animal refuse or offal.
—
Steam hammers.
—
Corrosive acid manufacture, such as hydrochloric, nitric, picric, and sulphurous or sulfuric acids.
—
Explosive manufacture or storage, except the storage of small arms ammunition.
—
Fertilizer manufacture, compost or storage.
—
Operations similar to the above.
—
Dwellings for humans including motels and mobile homes.
—
Institutions for human care including hospitals, clinics, and schools.
Provided that the above listed manufacturing or processing operations may be permitted by planning and zoning commission approval upon satisfactory proof and evidence that engineering, design and practice for such operations will comply with all requirements set forth in the ordinance and as being not injurious to the surrounding property and not contrary to the spirit and purpose of this ordinance.
Section 4:19-3—Area/dimensional regulations and other requirements.
Section 4:19-4—Signs.
In conformance with article 5, section 5:22.
Section 4:19-5—Greenbelt.
A twenty-foot greenbelt shall be provided and maintained in a healthy growing condition along all interior lot lines abutting a residence or a residential zone.
Section 4:19-6—Off-street parking and loading.
Off-street parking and loading space for all I-3 uses, shall be provided in conformance with sections 3:12 and 3:13 of this ordinance.
Section 4:19-7—Submission of plan and other information.
The owner or owners of a tract of land comprised of ten acres or more, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
1.
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks, and the points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property.
2.
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
3.
A copy of any deed restrictions intended to be recorded.
Section 4:19-8—Conditional uses.
(a)
Mini-warehouse or self-service storage facility.
(Ord. No. 2022-11, § 6, 6-22-22)
This is a specialized zone consisting of existing structures and established zoning uses. The principal use of the land is for the flexible and orderly arrangement and use of the established residential uses, commercial uses, and other established uses which are existing in the designated historical district as established by the city council. The zone is intended to establish compatible environments that are flexible to use of existing structures and available land area associated with the allowable use. The zone requirements are intended to be controlled by approval of the city council as to the established use, zone regulations, internal stability, safety, attractiveness, order and efficiency in the use of the land. The city council may approve minimum and or maximum requirements in this specialized district based upon the providing of adequate related facilities including parking spaces based on consideration for the proper functional relations of the different land uses and the existing use area of the site.
Section 4:20-1—Definition—Historic district.
A specific area of the city as established by the city council as a special area.
Section 4:20-2—Uses permitted.
In HD zones the existing building or land uses are defined by the established use of the land. Any proposed change to the existing land use shall follow the proper procedures for requesting a rezoning of the land to a different use. Any proposed use that would result in the reduction or increase of the established zone regulations/requirements must be submitted to the city council for approval. The council may request information and or design plans as necessary for their review of the request.
(Ord. No. 2010-37, 9-7-10)
Editor's note— Ord. No. 2010-37, adopted Sept. 7, 2010, enacted new provisions numbered as § 4:20. The existing §§ 4:20 and 4:21 have been renumbered as §§ 4:21 and 4:22 at the discretion of the editor. The historical notation has been retained with the amended provisions for reference purposes.
This is a commercial zone in which it is intended that personal and business services as well as the preferred and general retail business of the community will be conducted. The use of land is primarily for offices, shops, stores, retail sales and related establishments supplying preferred convenience goods and services. Order and efficiency in the use of land, safety, and convenience are encouraged by providing for off-street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:21-1—-Uses permitted.
No building or structure or part thereof, shall be erected, altered or used or premises used, in whole or in part for other than one or more of the following specified uses:
(a)
Business services; including banks, loan companies, insurance offices, public accountants, real estate offices, stenographic services, business consultants, and management companies.
(b)
Commercial offices; including advertising agencies, travel agencies, building contractors offices, and corporation offices.
(c)
Personal services; including beauty shops, barber shops, reducing salons, photographic studios.
(d)
Professional services; including medical clinics, doctors, sports medicine and therapeutic clinics, dentist offices, attorneys, engineers, architects, landscape architects and surveyors offices, and opticians.
(e)
Retail sales; including drug stores, department stores, stationery and book stores.
(f)
Private instruction institutions; including business colleges.
(g)
Other retail sales and personal service establishments similar in character to the above uses with approval of the planning and zoning commission.
(h)
Reserved.
(i)
Planned shopping centers on approval of the planning and zoning commission as called for under Article V of the zoning ordinance of the City of Irondale.
(j)
Any accessory building and use customarily incidental to a use authorized by this section. Any building and use for any of the above enumerated purposes may not have more than 40 percent of the floor area devoted to fabricating or storage areas incidental to such primary use, unless approved by the planning and zoning commission as called for under article V of the zoning ordinance of the City of Irondale.
Section 4:21-2—-Area/dimensional regulations and other requirements.
Section 4:21-3—Signs.
In conformance with article 5, section 5:22 of the zoning ordinance and any requirements of any other sign ordinance of the City of Irondale.
Section 4:21-4—Lighting.
All lighting utilized within a C-PB zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors, or signs which flicker or flash, must be first approved by the planning and zoning commission to insure that such signs will not be confused with traffic control signals. All signs must be referred to the sign review committee for recommendation and approved by the city council.
Section 4:21-5—Off-street parking and loading
Off-street parking and loading space for all C-PB uses, shall be provided in conformance with Sections 3:12 and 3:13 of this section.
Section 4:21-6—Greenbelt.
All non-residential uses permitted in C-PB zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt eight feet wide along the property line.
Section 4:21-7—Submission of plan and other information.
The owner or owners of a tract of land comprised of ten acres or more, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
(1)
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of loads, driveways and walks, and the points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property. All streets/roadways shall be marked as public or private ownership.
(2)
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
(3)
A copy of any deed restrictions intended to be recorded.
Section 4:21-8—Conditional uses.
(a)
Automobile dealership.
(Ord. No. 2000-24, 6-20-2000; Ord. No. 2010-37, 9-7-10; Ord. No. 2022-28, §§ 8, 9, 10-18-22)
Note— See the editor's note to § 4:20.
This is a commercial zone in which it is intended that personal and business services as well as the preferred and general amusement business of the community will be conducted. The use of land is primarily for coin-operated amusement facilities, amusement video arcades, amusement parks, drive-in theaters, practice golf driving tees, skeet, rifle or trap shooting ranges (inside or outside), roller and ice skating rinks and related establishments supplying preferred convenience goods and services. Order and efficiency in the use of land, safety, and convenience are encouraged by providing for off street parking and loading facilities, proper lighting, and the regulation of commercial signs and through consideration for the proper compatible relationships of the different land uses within this zone.
Section 4:22-1—Uses permitted.
No building or structure or part thereof, shall be erected, altered or used or premises used in whole or in part for other than one or more of the following specified uses:
(a)
Amusement parks.
(b)
Drive-in theaters.
(c)
Practice golf driving tees.
(d)
Skeet, rifle or trap shooting ranges (inside or outside). (Provided that such use is not located nearer than 1000 feet to any residence other than the owner or lessor of the site.)
(e)
Shooting galleries.
(f)
Coin operated amusement facilities (where no affording of a type of award is offered). (Provided that such use is not nearer than 1000 feet from a church, school or residence).
(g)
Amusement video arcades (Entertainment and amusement purposes only).
(h)
Signs in accordance with section 5:22.
(i)
Any accessory building and use customarily incidental to a use authorized by this section. Any building and use for any of the above enumerated purposes may not have more than 40 percent of the floor area devoted to storage areas incidental to such primary use, unless approved by the planning and zoning commission as called for under article v of the zoning ordinance of the City of Irondale.
Section 4:22-2—Area/dimensional regulations and other requirements.
Section 4:22-3—Signs.
In conformance with article 5, section 5:22 of the zoning ordinance and any requirements of the aesthetic sign ordinance of the City of Irondale.
Section 4:22-4—Lighting.
All lighting utilized within a C-A1-AO zone shall be arranged and so located that it will not shine, reflect or glare into public streets or residential areas. Signs having illumination and which use green, yellow, or red colors, or signs which flicker or flash, must be first approved by the planning and zoning commission and the city council to insure that signs will not be confused with traffic control signals. All signs must be referred to the sign review committee for recommendation and approved by the city council.
Section 4:22-5—Off-street parking and loading.
Off-street parking and loading space(s) for all C-A1-AO uses, shall be provided in conformance with sections 3:12 and 3:13 of this section and or as determined by the planning and zoning commission upon review of the proposed use and facilities.
Section 4:22-6—Greenbelt.
All uses permitted in C-A1-AO zones, when adjacent to an existing residence or residential zone and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition, a greenbelt 15 feet wide along the property line and or as determined by the planning and zoning commission upon application.
Section 4:22-7—Submission of plan and other information.
The owner or owners of a tract of land, may submit to the planning and zoning commission a plan for the development and use of such tract meeting the requirements set forth in this article and shall be accompanied by evidence concerning the number of persons expected to be employed, the effect of the proposed development on surrounding property, and other physical conditions, which plan and supporting evidence shall include each of the following:
(1)
A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks, and points of ingress and egress of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property. All streets/roadways shall be marked as public or private ownership.
(2)
A professional traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing objectionable volumes of traffic on residential streets.
(3)
A copy of any deed restrictions intended to be recorded.
(4)
Any other information as required by the planning and zoning commission and or the city council.
(Ord. No. 2001-66, 12-28-2001; Ord. No. 2010-37, 9-7-10)
Note— See the editor's note to § 4:20.
The following PCD zoning district provisions represent a commercial zoning classification that permits, rather than mandates, a vertical/horizontal mix of commercial uses within the same building and within the same lot(s). The district is intended to accommodate a physical pattern of development often found along city main streets and in neighborhood commercial areas of other cities.
4:23.1.—Purpose.
The purposes of the (PCD) planned commercial district are:
(1)
Accommodate mixed-commercial use buildings within a neighborhood type setting—providing retail, personal services, and other similar/specified commercial uses in a setting with setbacks requirements precluded for buildings as approved and recommended by the planning and zoning board to the city council; and
(2)
Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping-parking areas and street designs; and
(3)
Promote the health and well-being of surrounding residential areas by encouraging physical activity, alternative transportation, and greater social interaction.
4:23.2.—Definition.
As used in this section, the following words and terms shall have the meanings specified herein:
Floor area ratio means the ratio of a building's gross floor area to the area of the lot on which the building(s) is located.
Gross floor area is the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one- half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.
4:23.3.—Allowed uses.
Commercial uses allowed in "PCD" zoning districts will be considered in accordance with the proposed types of commercial uses and the design of structures within the development as approved and recommended by the planning and zoning board to the city council.
4:23.4.—Commercial establishment size limits.
The gross floor area of commercial establishments and uses within the PCD district will be reviewed by the planning and zoning board and recommended to the city council for their consideration and final approval.
4:23.5.—Indoor/outdoor operations.
All permitted uses in the PCD district must be conducted within completely enclosed buildings unless otherwise expressly authorized (Exception; such as outdoor seating for restaurant facilities). This requirement does not apply to off-street parking or loading areas, automated teller machines, or public outdoor seating areas.
4:23.6.—Building heights.
Maximum proposed building height elevations within the PCD district shall be included in the proposed plan.
4:23.7.—Lot area(s).
The lot area of any outparcels/divisions shall be detailed on the proposed plan and a subdivision plat will be required with a copy of the subdivision covenants and restrictions for the development.
4:23.8.—Floor area ratio.
The maximum (FAR) for all proposed buildings shall be shown on the proposed plan.
4:23.9.—Setbacks.
All proposed property line setbacks shall be shown on the proposed plan and will be reviewed for approval by the planning and zoning board for recommendation to the city council.
4:23.9.1—Buffers.
All proposed property line buffer /setbacks abutting single family districts shall be shown on the proposed plan and will be reviewed for approval by the planning and zoning board for recommendation to the city council.
4:23.10.—Off-street parking/parking lot(s).
The proposed off-street parking and all proposed parking lots with proposed landscaping/lighting shall be shown on the proposed plan for review and approval by the planning and zoning board for recommendation to the city council.
4:23.11.—Transparency.
(1)
A minimum of (50) percent of any street-facing building façade between two feet and eight feet in height should be comprised of clear windows that allow views of indoor space or product display areas.
(2)
The bottom of any window or product display window used to satisfy the transparency standard of paragraph (1) above should not be more than (3-4.5) feet above the adjacent sidewalk.
(3)
Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted.
4:23.12—Doors and entrances.
(1)
Buildings must have a primary entrance door facing a public sidewalk (*if required). Entrances at building corners may be used to satisfy this requirement.
(2)
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
4:23.13—Public street and driveway access.
All curb cuts must be approved by the city engineer for lots accessing public streets and alleys.
(Ord. No. 2016-70, 5-3-16)
Editor's note— Ord. No. 2016-70, adopted May 3, 2016, enacted new provisions numbered as § 4:21. At the discretion of the editor, these provisions have been renumbered as § 4:23 to avoid conflicting with the existing § 4:21.
The following zoning district allows for the establishment of recreational vehicle parks, which contain adequate sites for the temporary parking and use of recreational vehicles whose occupants are visiting, vacationing in, or passing through the city. Pursuant to the requirements of Section 4:24-7 herein, these parks may also include an area for the types of long-term storage of recreational vehicles, as defined in Section 4:24-2.
Section 4:24-1—Use regulations.
Recreational vehicle parks may include the following principal and accessory uses and structures. The accessory uses and structures set forth below shall only be permitted in the presence of one or more principal uses or structures. This use is subject to the approval of the planning and zoning commission as required under Article V. Special Use Regulations.
(a)
Permitted principal uses and structures authorized.
1.
Recreational vehicles.
2.
Recreational vehicle parking and storage areas.
3.
Recreation open space with recreational amenities.
(b)
Permitted accessory uses and structures authorized.
1.
Park office.
2.
Recreation hall.
3.
A single park/camp store to supply retail goods for tenants and staff.
4.
Sanitation-related structures, fixtures and amenities.
5.
Recreational vehicle park-related maintenance uses and structures.
6.
Storage of recreational vehicles pursuant to the regulations set forth in Section 4:24-7 herein.
(c)
All principal and accessory uses and structures not permitted here are specifically prohibited.
Section 4:24-2—Definitions.
Recreational vehicle: For the purposes of Section 4:24, a recreational vehicle shall consist of any of the following as herein defined:
(a)
Travel trailer - a vehicular portable structure mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a stock passenger automobile; primarily designed and constructed to provide temporary living quarters for recreation, camping, or travel use.
(b)
Camping trailer - a vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other pliable material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location, providing temporary living quarters; and whose primary design is for recreation, camping, or travel use.
(c)
Truck camper - a portable structure designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters; and whose primary design is for recreation, camping, or travel use.
(d)
Motor home - a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car, primarily designed to provide temporary living quarters for recreation, camping and travel.
Section 4:24-3—Recreational Vehicle Park Standards.
(a)
Recreational vehicles shall be placed in a recreational vehicle parking space within a Recreational Vehicle Park. Only one recreational vehicle may be located within a single recreational vehicle parking space.
(b)
Minimum site size: 500 square feet.
(c)
Separation: Recreational vehicle parking spaces shall be designed so as to maintain a minimum of 20 feet between recreational vehicles when parked.
(d)
Each parking space shall be clearly marked, consecutively numbered or lettered.
(e)
Parking: Each site shall include one parking space for one automobile.
(f)
Recreational Vehicle Parks shall be kept clean and free of trash and debris.
Section 4:24-4—Length of Stay Restrictions.
The length of stay in a recreational vehicle park for each recreational vehicle is limited to a maximum of ninety (90) days in a twelve (12) month period. Moving to another recreational vehicle space in the same recreational vehicle park is not permitted and does not reset the 90-day clock.
This restriction shall not apply to those recreational vehicles being stored onsite pursuant to the requirements of Section 4:24-7 herein.
Section 4:24-5—Recreational Vehicle Park Requirements.
(a)
A rezoning application for a recreational vehicle park along with a development plan shall be filed by or on behalf of the landowner or designee with the building inspections department. The purpose of the development plan is to provide the city with information in respect to the type, character, scale and intensity of development as well as the time phasing of the proposed recreational vehicle park in order for the city to evaluate the impact of the development upon the city.
(b)
A minimum area for a recreational vehicle park is three (3) acres.
(c)
Minimum park frontage/width: 100 feet.
(d)
Park minimum setbacks:
(e)
The maximum density shall not exceed 10 recreational vehicle units per acre.
(f)
Minimum 25% open space excluding required stormwater/drainage. The minimum 25% shall be reserved collectively in contiguous units accessible to all the RV sites and maintained by the property owners. This open space is to be used for: accessory uses, parks, recreation facilities, sidewalks clubhouse, pool and similar.
(g)
All recreational vehicle parks shall have frontage on an existing publicly or privately maintained street.
(h)
The RVP zoning designation is for recreational vehicles only. Manufactured homes are not permitted.
(i)
All recreational vehicle parks shall meet zoning and all city, county and state codes and regulations. This includes all required accessory uses such as toilets, showers, laundry facilities, etc.
(j)
Amenities and accessory uses shall be restricted to use by park occupants only.
(k)
The addition or attachment of any accessory structures such as awnings, porches, carports, or individual storage facilities not specifically designed and included as a standard part of the original recreational vehicle is expressly prohibited.
(l)
The removal of wheels and/or the installation of skirting materials around the base of a recreational vehicle is expressly prohibited.
(m)
Water and Sanitation.
1.
Each recreational vehicle park shall provide individual service lines delivering potable water. The owner shall install such water facilities in a manner equal to the specifications of the State and any applicable ordinances adopted by the City, and will comply with all applicable federal, state, county, and city laws, codes, regulations, ordinances, and requirements.
2.
Sanitary facilities shall be provided in accordance with the requirements of the Alabama Department of Environmental Management.
3.
Sanitary facilities shall include a minimum of one toilet and one lavatory for each gender and a minimum of one shower for each gender shall be provided for the exclusive use of the park occupants for the first 10 recreational vehicle spaces. An additional toilet, lavatory, and shower for each gender shall be provided for each additional 10 spaces.
4.
Where a public sanitary sewage system is reasonably accessible, the owner shall connect with the same and provide all recreational vehicle parking spaces a sewer hook-up, except as provided herein. In lieu of individual parking space sewer hook-up capability, trailer sanitation/dump stations, built to code and designed to receive the discharge of sewage holding tanks of self-contained vehicles, may be installed in an accessible location in a recreational vehicle park. If trailer sanitation/dump stations are built on the property, they shall be built in accordance with any Jefferson County Health Department guidelines and subject to inspection by both the City Building Inspector and the Jefferson County Health Department Inspector. Sanitary dump stations shall be screened from other activities by visual barriers such as fences, walls or natural growth and shall be separated from any recreational vehicle parking space by a minimum of 50 feet.
5.
Trash dumpsters shall be located within 300 feet of every recreational vehicle parking space, but no closer than 200 feet and shall be enclosed on all sides with a gated, solid wood or masonry enclosure that is a minimum of six feet in height.
6.
Each recreational vehicle lot shall be provided with an individual electrical service mounted on a pole or pedestal and shall have a disconnecting means consisting of a circuit breaker or a switch and fuses houses in a panel approved for exterior use. A minimum combination of thirty (30) AMP must be provided for each recreational vehicle lot. The owner shall install such electric facilities in a manner equal to the specifications of the City and any applicable codes adopted by the City.
(n)
Access: Recreational vehicle parks shall be so located and designed that no entrance or exit shall require movement of traffic to or from the recreational vehicle park through a residential subdivision. Nothing herein prohibits movement adjacent to a residential subdivision.
(o)
There shall be a twenty (20) foot buffer consisting of trees, landscaping, or natural terrain to serve as a buffer along all property lines where the park adjoins a right-of-way, road, vacant property, or a different land use.
(p)
Conditions of soil, groundwater, drainage and topography shall not create hazards to the property or safety of the occupants. A recreational vehicle park shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. To this end, all recreational vehicle spaces which are located in any designated flood zone shall comply with all applicable federal, state, county, and city laws, codes, regulations, ordinances and requirements.
Section 4:24-6—Other Regulations.
(a)
Access and Internal Streets: Recreational vehicle sites within the park shall be served by internal roads and shall not have direct access to public streets except for entering or exiting. Maintenance of private roads within the park shall be the responsibility of the developer and/or owner of the property.
(b)
Off-Street Parking and Maneuvering Space: The internal circulation system of a recreational vehicle park shall be designed so that parking, loading or maneuvering of vehicles shall not necessitate the use of any public street, sidewalk, right-of-way, or any private grounds not part of the designated parking area. Sufficient maneuvering, space, and off-street parking facilities shall be provided at each vehicle site to accommodate a towing vehicle.
(c)
Fire Hydrants: Fire hydrants shall be required for all recreational vehicle park developments. Fire hydrants shall be located no more than 1,000 feet apart and within five hundred (500) feet of any recreational vehicle site or park structure and shall be of the type, size and design specified by the codes adopted by the city.
(d)
Ground Cover: Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be grassed, landscaped, paved, or covered with gravel to prevent soil erosion.
(e)
Drainage Requirements: Surface drainage plans for the entire tract shall be reviewed as a part of the building permitting process by the city engineer, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan.
Section 4:24-7—Long-Term Storage of Recreational Vehicles.
Recreational vehicles may be stored within an area in a recreational vehicle park only if each of the following requirements are satisfied.
(a)
The recreational vehicle park contains at least six (6) acres.
(b)
The storage area of the recreational vehicle park does not encompass more than three percent (3%) of the total acreage of the area of the property utilized as a recreational vehicle park.
(c)
Recreational vehicles being stored must not be occupied and not be attached to electrical, sewer, or water lines.
(d)
The owner and/or operator of the recreational vehicle park must obtain and maintain current vehicle title documentation of each recreational vehicle stored prior to the placement of the recreational vehicle into storage. The park owner and/or operator shall retain current title documentation for the duration of the storage of a recreational vehicle.
Section 4:24-8—RV Park Rules and Regulations.
All recreational vehicle parks shall have rules and regulations which shall include a statement of when the recreational vehicle park manager will be available, and the rules in regard to storage, garbage, trash, animals, electric utilities, water, sewer, maximum duration of stay, maintenance, security, and other matters having a bearing on the area sanitation, maintenance, use, health and safety. A copy of the recreational vehicle park rules and regulations shall be submitted with the site plan.
Section 4:24-9—Ownership.
Recreational vehicle parks may not be platted or otherwise divided by fee simple ownership, and all facilities, including roads, shall be privately owned and shall not occupy parcels of land which are deeded separately from the rest of the park. The City of Irondale shall not be responsible for maintenance and/or repair of common facilities and/or roadways within any recreational vehicle park.
(Ord. No. 2023-27, § 2, 9-19-23; Ord. No. 2023-34, §§ 2—6, 12-5-23)