This article is established to provide districts for the various uses of land within the city, to provide for boundaries of the designated districts, and to provide for interpretation of those boundaries.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

For the purpose of this chapter, the city is hereby divided into the following types of zoning districts and overlay districts:

Zoning Districts

Overlay Districts

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The boundaries of the zoning districts and overlay districts enumerated in this chapter are hereby established as shown on the zoning map of the city. Said map, together will all explanatory matter thereon, is hereby adopted by reference and declared a part of this chapter. Unless otherwise shown on the zoning map, the boundaries of zoning districts and overlay districts are lot lines, the centerlines of streets or alleys or such lines extended, centerline of the main tracks of railroads or the corporate limit lines as they existed at the time of enactment of this chapter. Questions concerning the exact location of district boundary lines shall be decided by the board of adjustment and appeals.

(a)

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city, together with the date of the adoption of the ordinance from which this chapter is derived.

(b)

If, in accordance with the provisions of this chapter, changes are made in zoning district and overlay district boundaries or other matter portrayed on the zoning map, such changes, with a notation of the date of amendment shall be entered on the zoning map promptly after the amendment has been approved by the city council. No amendment to this chapter, which involves matter portrayed on the zoning map shall become effective until after such change and entry has been made on said map.

(c)

No changes of any nature shall be made to the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter.

(d)

The zoning map which, shall be located in city hall, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

(e)

In the event that the zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a new zoning map which shall supersede the prior zoning map.

(1)

The new zoning map may correct drafting or other errors or omissions in the prior zoning map, but no such correction shall have the effect of amending the original zoning map or any subsequent amendment thereof.

(2)

The new zoning map shall be identified in the manner specified in subsection (a) of this section.

(3)

Unless the original zoning map has been lost, or has been totally destroyed, the prior zoning map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

Where uncertainty exists as to the boundaries of zoning districts and overlay district as shown on the official zoning map, the following rules shall apply in determining the location of the zoning district and overlay district boundaries unless otherwise indicated:

(a)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(d)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(e)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(f)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) of this section shall be so construed. Distances not specifically indicated, on the official zoning map, shall be determined by the scale of the zoning map.

(g)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (a) through (f) of this section, the board of adjustment and appeals shall interpret the zoning district and overlay district boundaries.

(h)

Where a zoning district and overlay district boundary line divides a lot which was in single ownership at the time the provisions of this chapter were enacted, the board of adjustment and appeals may permit as a special exception, the extension of the regulations for either portion of the lot to the remaining portion of the lot.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Unless annexed in accordance with the provisions of subsection (b) of this section, any parcel of land annexed into the city shall be designated on the official zoning map in accordance with the city's comprehensive plan at the time the petition to annex is filed.

(b)

In the event the property to be annexed has not been designated in the city's comprehensive plan, or in the event the owner of the property to be annexed desires that the property be zoned upon its annexation differently than as indicated in the city's comprehensive plan the owner shall, prior to petitioning the city for annexation, make application to the planning commission to amend the city's comprehensive plan in accordance with the procedure for adoption and amendment of the city's comprehensive plan as set forth in Code of Ala. 1975, § 11-52-10.

(1)

The planning commission shall render a decision on the application no later than the second regularly scheduled meeting following its formal submission to the planning commission, unless additional information is required. Failure to render a decision on the application within the prescribed time shall constitute a denial of the application.

(2)

If the application is denied, the owner of the property to be annexed may petition the city council for annexation of the subject property and may condition said annexation upon the property being zoned upon its annexation in a certain zone, notwithstanding the decision of the planning commission.

(3)

A report of the planning commission's action upon the proposed amendment to the city's comprehensive plan shall be forwarded to the city council for its use in considering the proposed annexation.

(4)

In the event the city council elects to annex the property, the property shall be zoned as requested by the owner and the official zoning map shall be thereby amended to reflect the annexation and the newly zoned parcel. Provided, however, the city's comprehensive plan shall be amended by such annexation only when the planning commission's report recommended such an amendment.

(c)

In addition to the procedures set forth in subsections (b) and (c) of this section, the city may pre-zone territory proposed or annexation into the corporate limits of the city prior to the effective date of the annexation in accordance with the procedure for adoption and amendment of the city's comprehensive plan as set forth in Code of Ala. 1975, § 11-52-85.

(1)

If all requirements of Code of Ala. 1975, § 11-52-85 are met, the zoning shall become effective upon the date the territory is annexed into the corporate limits, or upon the date the zoning process is completed, whichever is later. In addition, the city shall issue a statement of zoning classification to an affected property owner if the individual property owner residing in the area to be annexed requests in writing that a zoning determination be made prior to being annex.

(2)

Any pre-zoning by the city for territory proposed for annexation shall be null and void as to any portion of the territory that is not annexed into the corporate limits within 180 days of the initiation of annexation proceedings.

(3)

Nothing in Code of Ala. 1975, § 11-52-85 shall allow the city to zone territory outside the corporate limits that is not in the process of being annexed into the corporate limits of the city.

(4)

Code of Ala. 1975, § 6-5-127 shall be applicable to any property pre-zoned pursuant to the section.

(Ord. No. O-614-20, Exh. A, 1-13-2020)