Unless otherwise provided, no building, structure, or land shall be used except in the zoning districts indicated by this article and according to the additional regulations of this ordinance and other applicable codes and ordinances. This article gives the uses permitted and permitting procedures within each zoning district, and establishes supplemental standards for some uses. Provisions for special purpose districts may be found in Article V, Special Purpose District Regulations.

Although a use may be permitted according to specified procedures in a particular district, such use may not necessarily be permitted on every parcel of land in the district. A use may be permitted only if it can meet all of the standards of this ordinance and other applicable codes and ordinances.

(a)

Unless otherwise prevented by this ordinance, more than one permitted use may be combined on a lot if all of the combined uses are commonly associated with and integrally related to one another. Further, all zoning regulations for each of the combined uses shall be met.

(b)

Whenever an activity, which may or may not be separately listed as a permitted use, is conducted in conjunction with a listed permitted use as an incidental or insubstantial part of the total activity on a lot, the incidental activity shall be permitted as an accessory use if the combined uses are commonly associated with and integrally related to one another.

(c)

For the purpose of this section "commonly associated" means that the association of such combined uses takes place with sufficient frequency that there is common community acceptance of their relatedness.

(a)

Unless otherwise provided in this division and to the furthest practicable extent, all uses shall be classified in one of the uses defined by Section 334, Uses defined, and listed in the Table of Permitted Uses.

(b)

This ordinance recognizes the limitations of a finite listing of use classifications given the infinite variations of essentially similar uses. Therefore, the Zoning Administrator is empowered to make interpretations so as to classify any questioned use within a use classification of most similar impact and characteristics. However, in no case shall the Zoning Administrator interpret a use as falling in one listed use when the use in question is more similar in impact and characteristics to another listed use. Appeal of the Zoning Administrator's use interpretation may be filed with the Zoning Board of Adjustment.

In the event the Zoning Administrator finds a new or unusual use that cannot appropriately fit a listed use in the Table of Permitted Uses, the following procedures shall be followed:

(1)

If compatible with the existing zoning district intent, the unclassified use shall be permitted by special exception upon approval and subject to the conditions set by the Zoning Board of Adjustment.

(2)

If the unclassified use would not be compatible with the intent of the existing zoning district, the Zoning Administrator shall determine the most appropriate district classification and require the property in question to be rezoned. In addition, the unclassified use shall be permitted in the new district by special exception if granted approval by the Zoning Board of Adjustment.

(3)

Following the final action on the unclassified use, as (1) or (2) above may require, the Planning Commission shall initiate an amendment to this ordinance to list the newly permitted use into the most appropriate district(s).

(a)

The intent of this ordinance is to recognize the evolution of manufactured homes as a viable form of affordable housing within certain zones. This ordinance recognizes distinctions among the various types and uses of manufactured homes. Consequently, this ordinance creates certain classes of manufactured homes (i.e., class A and class B manufactured homes); provides for alternative manufactured home developments (on individual subdivided lots, as accessory dwellings, and within manufactured home parks); and restricts these uses to appropriate zones within the city.

(b)

Nothing in this ordinance shall prevent the conversion of a manufacture home for a non-residential use (e.g., a manufactured home used as an office), provided such use occupying the manufactured home is permitted by district regulation.

(c)

Any manufactured home that does not bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act promulgated by the U.S. Department of Housing and Urban Development is prohibited within all zones of the city.

It is the express intent of this section to treat residential condominium differently from apartments and other like structures due to the unique nature of condominium ownership whereby separate households, each with a vested ownership in their own dwelling unit, live in close proximity to one another and may be bound together in an association which is responsible or the cooperative maintenance of improvements within the common area of the project. Condominium ownership of non-residential building spaces within commercial or industrial projects shall also be treated differently to insure the long term viability of the project in view of the multiple ownership. Condominium developments are only permitted within appropriate zones within the city that permit multi-family, commercial or industrial uses.

(1)

Condominium. An ownership arrangement, not a land use. It is allowed in any district under the same restrictions are the land uses that it comprises. It is characterized by private ownership of individual units and undivided common ownership and maintenance of designed exterior and interior spaces by a condominium association of unit owners.

(2)

All such developments shall be served by private streets, roads, and parking areas constructed in accordance with the zoning administrators standards and owned and maintained in common by a landowners association or equivalent legal entity as approved by the city attorney.

(3)

Minimum lot areas and widths shall not apply to individual units but shall apply to condominium developments as a whole.

(4)

The yard requirements for the district shall apply only to the outside perimeter of the development. The perimeter yards shall be maintained as common areas reserved as common open space or common driveways or parking areas.

(5)

Unless otherwise stated, the condominium development shall comply with all applicable development standards of the zoning district in which the development is located.

(Ord. No. 2007-35, 12-4-07)

(a)

Unless otherwise provided, all uses, as defined by Section 334, Uses defined, shall be permitted as listed in Table I. Table of Permitted Uses. Accessory and combined uses and structures may be permitted subject to Section 42, Accessory and combined uses, and similar uses to those listed may be permitted subject to Section 43, Classification of uses.

(b)

The key to abbreviations used in the Table of Permitted Uses is as follows:

Table I. Table of Permitted Uses

(Ord. No. 1990-228(235), § 1, 2-20-90; Ord. No. 1990-262, § 1, 9-18-90; Ord. No. 1990-263, § 1, 9-18-90; Ord. No. 1990-264, § 1, 9-18-90; Ord. No. 1990-265, § 1, 9-18-90; Ord. No. 1991-279, § 1, 6-18-91; Ord. No. 1991-280, § 1, 6-18-91; Ord. No. 1991-281, § 1, 6-18-91; Ord. No. 1991-298, § 1, 10-1-91; Ord. No. 1995-508, 5-2-95; Ord. No. 2001-717, § 2, 2-31-01; Ord. No. 2002-42, 10-1-02; Ord. No. 2006-01, § 4, 1-17-06; Ord. No. 2008-07, § 1, 4-1-08; Ord. No. 2008-08, § 1, 4-1-08; Ord. No. 2010-14, § 1, 5-18-10; Ord. No. 2011-09, § 1, 4-5-11; Ord. No. 2012-07, § 1, 3-20-12; Ord. No. 2019-14, § 1, 9-3-19; Ord. No. 2024-05, § 3, 4-2-24; Ord. No. 2024-07, § 3, 6-4-24)

This division assigns supplemental standards over and above those imposed by other sections of this ordinance. Although permitted in certain districts, some uses have unique characteristics that require these supplemental standards.

(a)

The minimum lot area shall be 10 acres.

(b)

Dairy cattle, beef cattle, horses, small animals and poultry shall be housed not less than 200 feet from any adjacent lot not zoned AG.

(c)

The keeping of swine shall be prohibited.

(d)

Temporary sawmills and chippers used in connection with commercial forestry operations shall be set back at least 200 feet from any lot line.

(e)

Temporary or permanent living accommodations for farm tenants performing agricultural labor (farm tenant housing) shall be permitted.

(f)

A booth or stall (farm stand) from which produce and farm products are sold to the general public shall be permitted subject to the following limitations:

—Sales areas shall be set back from all lot lines so as to meet the district yard requirements.

—Sales areas shall not occupy any part of a required off-street parking or loading area.

(g)

Offensive animal odors shall not be detectable at the property line.

(h)

Housing for poultry shall not exceed 100 square feet.

(Ord. No. 2003-10, § 1, 4-10-03)

(a)

The minimum lot area shall be five acres.

(b)

The keeping of the following farm animals shall be permitted:

—Poultry;

—Small livestock, such as sheep and goats; and

—Horses and similar animals, such as ponies and donkeys.

(c)

The keeping of swine and large livestock shall be prohibited.

(d)

The use shall be subject to the following setback and area requirements:

—Farm animals shall be housed not less than 100 feet from any adjacent lot not zoned AG.

—At least one acre of lot area shall be required for each small livestock animal, horse, and similar animal, and a maximum of 20 poultry for every 8,000 square feet of lot area shall be permitted.

(e)

Offensive animal odors shall not be detectable at the property line.

(a)

All kennels, where permitted in residential districts, shall have a minimum lot area of 15,000 square feet.

(b)

All kennels shall provide shelters; dog kennels shall provide fenced runs or pens.

(c)

Offensive animal odors shall not be detectable at the property line.

(Ord. No. 2003-10, § 2, 4-10-03)

(a)

Occupancy of the apartment shall be limited to household servants, caretakers or immediate family members to the resident of the principal dwelling. Immediate family members include any person who is a naturally or legally-defined offspring, spouse, parent, grandparent, sibling, aunt, uncle, niece, or nephew.

(b)

The apartment shall be attached to the principal dwelling, forming one structure that maintains the exterior appearance of a single family residence.

(c)

Each application for a permit shall include the following materials:

—A scaled plot plan showing the location and dimensions of property lines, structures, parking, and improvements.

(Ord. No. 2003-10, § 3, 4-10-03)

(a)

Occupancy of the accessory cottage shall be limited to household servants, caretakers, or immediate family members to the resident of the principal dwelling. Immediate family member includes any person who is a naturally or legally-defined offspring, spouse, parent, grandparent, sibling, aunt, uncle, niece, or nephew.

(b)

Location of the cottage on the lot shall be limited to the rear of the principal dwelling or within the upper floor of a garage.

(c)

The floor area of the cottage shall not exceed 50% of the floor area of the principal dwelling.

(d)

Each application for a permit shall include the following materials:

—A scaled plot plan showing the location and dimensions of property lines, structures, parking, and improvements.

(Ord. No. 2003-10, § 4, 4-10-03)

(a)

Occupancy of the home shall be limited to household servants, caretakers, or immediate family members to the resident of the principal dwelling. Immediate family member includes any person who is a naturally or legally-defined offspring, spouse, parent, grandparent, sibling, aunt, uncle, niece, or nephew.

(b)

Location of the home shall be limited to the rear of the principal dwelling and be placed so as to avoid objectionable views from the street and surrounding residential properties.

(c)

Each application for a permit shall include the following materials:

—A scaled plot plan showing the location and dimensions of property lines, structures, parking, and improvements.

—A description of the methods to be applied, such as screening, landscaping, and careful placement on the site so as to avoid visual incompatibility from the street and surrounding residential properties.

(d)

The manufactured home shall be installed according to all requirements of the Alabama Manufactured Home Commission.

(e)

The manufactured home shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development.

(Ord. No. 2003-10, § 5, 4-10-03)

(a)

The use shall be conducted within a single family residence.

(b)

The building shall maintain the exterior appearance of a single family residence, with no separate outside entrances to individual bedrooms.

(c)

The emergency care home must be sponsored by a public or non-profit organization. State licensing requirements shall be met.

(d)

No emergency care home shall be located within 1,000 feet of another emergency care home as measured between lot lines.

(a)

The use shall be conducted within a single family residence.

(b)

The building shall maintain the exterior appearance of a single family residence, with no separate outside entrances to individual bedrooms.

(c)

The family care home must be sponsored by a public or non-profit organization. State licensing requirements shall be met.

(d)

No family care home shall be located within 1,000 feet of another family care home as measured between lot lines.

(a)

The maximum density shall be 16 dwelling units per acre, and the minimum site area shall be 14,000 square feet.

(b)

All buildings shall be set back at least 15 feet from all parking areas.

(c)

Not more than 16 dwelling units shall be permitted per building.

(d)

Buildings shall be spaced front to front, front to rear, front to side, and rear to rear at least to a distance equal to twice the tallest building height and spaced side to side and side to rear at least to a distance equal to the tallest building height.

(e)

At least 10% of the site area, but not less than 2,500 square feet, shall be improved for the recreational use by the apartment residents.

(a)

The manufactured home shall have the wheels removed.

(b)

The manufactured home shall meet the same dimensional requirements for a single family residence in the same district.

(c)

The manufactured home shall be multi-sectional with a minimum width of 23 feet.

(d)

The manufactured home shall be covered with a non-reflective, exterior material customarily used on a single family residence, such as but not limited to lap siding, plywood, brick, stone, or stucco.

(e)

The manufactured home shall have a 2.5;inch; in 12;inch; minimum pitch roof. The roof shall be covered with non-reflective roof materials, such as but not limited to fiberglass shingles, asphalt shingles, or wood shakes.

(f)

The manufactured home shall be installed according to all requirements of the Alabama Manufactured Home Commission and be completely skirted with a weather-resistant material which resembles a permanent foundation commonly found on a single family residence. Skirting shall be adequately vented.

(g)

The manufactured home shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act promulgated by the U.S. Department of Housing and Urban Development.

(Ord. No. 2003-10, § 6, 4-10-03)

(a)

The manufactured home shall have the wheels removed.

(b)

The manufactured home shall meet the same dimensional requirements for a single family residence in the same district.

(c)

The manufactured home shall be installed according to all requirements of the Alabama Manufactured Home Commission. Each unit shall be completely skirted with a weather-resistant material that is compatible in texture and color to the siding on the face of the unit. Skirting shall be adequately vented.

(d)

The manufactured home shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act promulgated by the U.S. Department of Housing and Urban Development.

(Ord. No. 2003-10, § 7, 4-10-03)

(a)

Uses and activities. The manufactured home park shall be limited to the following uses and activities:

—Manufactured home;

—Management office;

—Manager's residence;

—Service facilities, such as laundromats, household storage buildings, outdoor storage yards, refuse disposal areas, and similar common service facilities designed and intended to serve only the residents of the park;

—Recreational facilities designed and intended to serve only the residents of the park;

—Retail convenience sales for residents of the park; and

—Residential accessory uses and structures.

(b)

Site area. The minimum site area for the manufactured home park shall be 10 contiguous acres.

(c)

Density. The maximum density shall be eight manufactured home spaces per gross acre. If not served by public water and sewer, the maximum density shall be two manufactured home spaces per gross acre or a lower density may be set by the County Health Department.

(d)

Perimeter yards. No manufactured home space or buildings shall extend into any required yards along the perimeter of the park, as listed below. The perimeter yards shall be reserved for screening and buffering yards and may also be used for common streets, walkways, and passive recreation areas (without structures). The screening and bufferyard standards of this ordinance may require wider perimeter yards, depending on the adjacent uses of land, and may place additional restrictions on the use of the perimeter yards.

—Front yard: 25 feet.

—Rear yard: 15 feet.

—Side yard: 10 feet.

(e)

Area of manufactured home spaces. Each manufactured home space shall meet the following area requirements which depend on the size of the unit to be placed on the space. The boundaries of each space shall be clearly marked on the ground by permanent flush stakes.

(1)

For spaces designed for single wide units:

With public sewer and water:

—Minimum area: 4,000 square feet.

—Minimum width at front setback line: 40 feet.

Without public sewer and water:

—Minimum area: 15,000 square feet.

—Minimum width at front setback line: 85 feet.

(2)

For spaces designed for double wide or multi-sectional units:

With public sewer and water:

—Minimum area: 5,000 square feet.

—Minimum width at front setback line: 50 feet.

Without public sewer and water:

—Minimum area: 15,000 square feet.

—Minimum width at front setback line: 85 feet.

(f)

Setbacks and distancing of manufactured homes.

(1)

Each manufactured home on a space shall be set back the following distances from the boundaries of each space:

—Minimum front yard setback from the private street right-of-way which serves the space: 20 feet.

—Minimum side yard setback: 5 feet.

—Minimum rear yard setback; 10 feet.

(2)

Accessory buildings, such as storage units, shall not be permitted within the required 20 feet front yard of each space and shall not be permitted within five feet of the rear and side boundaries of each space. Carports shall be permitted within the front yard but shall not be permitted within five feet of the rear and side boundaries of each space.

(3)

No manufactured home shall be closer than 26 feet to any other manufactured home on an adjacent space.

(g)

Installation of manufactured homes. All manufactured homes shall be installed according to all requirements of the Standard Building Code and be completed skirted.

(h)

Outdoor living area. A 300 square feet outdoor living area shall be reserved on spaces of less than 7,000 square feet. Not less than 100 square feet, with a minimum dimension of 10 feet, shall be a hard-surfaced patio.

(i)

Storage facilities.

(1)

A minimum 240 cubic feet storage area shall be provided on each space. The storage area may be under the unit or within an accessory building. Alternatively, the park management may provide common storage lockers at an equivalent capacity.

(2)

Vehicles and recreational equipment exceeding 7,500 pounds gross weight shall not be parked on any manufactured home space. The park management shall maintain a common storage yard. The outdoor storage yard shall be screened to a height of six feet.

(j)

Recreation areas. At least 8% of the gross area of the park shall be improved for the recreational use of park residents, including active facilities in centralized locations.

(k)

Service facilities.

(1)

Common laundromats may be provided for the use by park residents only.

(2)

Refuse collection and disposal shall be the responsibility of the park management. Common refuse disposal areas shall be provided and be screened to the full height of such facilities.

(l)

Utilities. All utility lines shall be placed underground.

(m)

Parking. Each manufactured home space shall have at least two side-by-side, dust-free surfaced parking spaces located off the common street right-of-way. Parking spaces shall be either perpendicular to the private street with minimum dimensions of 9 feet by 19 feet or parallel to the private street with minimum dimensions of 8 feet by 22 feet.

(n)

Private streets and walkways.

(1)

Two-way private streets maintained by the park management shall be installed to furnish convenient access to all manufactured home spaces within the park. To the furthest extent practicable, streets shall follow natural land contours and be curvilinear in design. No manufactured home space shall have its own direct access to a public street.

(2)

Street surfaces shall be asphalt or concrete and shall have minimum surface widths and maximum gradients determined according to the number of manufactured home spaces served by the street, as follows:

(3)

Curb and gutter shall be required, except where six feet wide shoulders and drainage swales align either side of the street within a common right-of-way. In such cases, street surface widths may be reduced by four feet to not less than 20 feet, but street grades shall not exceed 6%. Street surface widths shall be increased by six feet for each parallel parking lane on either side of the street. Sufficient common right-of-way shall be provided to accommodate streets, drainage ways, walkways along streets (where provided), and utilities, but in no event shall the common right-of-way be less than 24 feet.

(4)

Dead-end streets shall have turnarounds with a minimum radius of 40 feet.

(5)

Minimum three feet wide, dust-free surfaced walkways shall link manufactured home spaces with one another and common park facilities. Required walkways shall be common areas and not extend onto any manufactured home space.

(o)

Drainage and flood controls.

(1)

To the maximum practicable extent, the development of the manufactured home park shall conform to the natural contours of the land, keeping natural drainage ways undisturbed. The park drainage system shall connect to adequate drainage channels of surrounding properties and streets.

(2)

Stormwater management controls shall be provided on-site to prevent the sudden discharge of surface water onto adjacent properties. The quantity and rate of runoff after development shall not exceed the quantity and rate of runoff before development, based on a 25-year storm frequency.

(p)

Lighting. Outdoor lighting, where installed, shall be directed to prevent glare on adjacent properties and manufactured homes within the park.

(q)

Residential accessory uses and structures. Residential accessory uses within manufactured homes and accessory structures on manufactured home spaces shall be subject to the following provisions:

(1)

Permitted accessory uses within manufactured homes shall include the same accessory uses permitted within single family residences and subject to the same limitations, including day care homes, home instruction, and home occupations.

(2)

Permitted accessory structures on manufactured home spaces shall include all accessory structures permitted on the lots of single family residences, except for private swimming pools and satellite dish antennae.

(Ord. No. 2003-10, § 8, 4-10-03)

(a)

The maximum density shall be 12 dwelling units per acre, and the minimum site area shall be 11,000 square feet.

(b)

All buildings shall be set back at least 15 feet from all parking areas.

(c)

Not more than four dwelling units shall be permitted per building.

(d)

Buildings shall be spaced front to front, front to rear, front to side, and rear to rear at least to a distance equal to twice the tallest building height and spaced side to side and side to rear at least to a distance equal to the tallest building height.

(e)

At least 10% of the site area shall be improved for the recreational use by the apartment residents.

(a)

The maximum density shall be 24 dwelling units per acre, and the minimum site area shall be 8,000 square feet.

(b)

All buildings shall be set back at least 15 feet from all parking areas.

(c)

Buildings shall be spaced front to front, front to rear, front to side, and rear to rear at least to a distance equal to twice the tallest building height and spaced side to side and side to rear at least to a distance equal the tallest building height.

(d)

At least 10% of the site area shall be improved for the recreational use by the apartment residents.

(a)

Subdivision of lots for patio homes outside of a planned residential development shall be restricted to tracts with a minimum site area of three or more acres. The maximum density shall be seven dwelling units per acre.

(b)

Except within a planned residential development, the patio home shall meet the following dimensional requirements:

—Minimum lot area: 6,000 square feet

—Minimum lot width: 50 feet

—Minimum front yard: 20 feet

—Minimum side yard: 8 feet

—Minimum rear yard: 15 feet

—Maximum building height: 1½ stories

(c)

An attached garage to a dwelling may share a common party wall with an attached garage on an adjacent lot used for a patio home on either side.

(d)

All yard areas behind the front building line shall be fully enclosed by an opaque fence or wall along the side and rear lot lines to form a private yard area of at least 600 square feet. Not less than 100 square feet of the private yard area, with a minimum dimension of 10 feet, shall be a hard-surfaced patio or porch. Patio homes on adjacent lots to the rear or sides may own and maintain common party fences or walls. All living spaces within the dwelling shall open onto the private yard area.

(e)

All utilities shall be placed underground.

(f)

All lots shall be served by public water and sewer.

(a)

The maximum density of the development shall be six dwelling units per acre, and the minimum site area for the development shall be five contiguous acres.

(b)

The following dimensional requirements shall be met:

(1)

Single family residence:

—Minimum lot area: 6,000 square feet

—Minimum lot width: 50 feet

—Minimum front yard: 30 feet

—Minimum front yard:30 feet

—Minimum side yard: 10 feet

—Minimum rear yard: 20 feet

—Maximum building height: 1½ stories

(2)

Patio home:

—Minimum lot area: 4,500 square feet

—Minimum lot width: 45 feet

—Minimum front yard: 20 feet

—Minimum side yard: 8 feet*

—Minimum rear yard: 15 feet

—Maximum building height: 1½ stories

*To permit zero lot-line development, one side yard may be reduced to zero, provided a five foot easement of maintenance is reserved on the adjoining lot and buildings are separated by at least 20 feet.

(3)

Townhouse:

—Minimum lot area—interior unit: 2,000 square feet

—Minimum lot area—end unit: 3,500 square feet

—Minimum lot width—interior unit: 18 feet

—Minimum lot width—end unit: 35 feet

—Minimum front yard: 20 feet

—Minimum side yard—end unit: 15 feet

—Minimum rear yard: 15 feet

—Maximum building height: 35 feet

(c)

Common open space set aside in a subdivision shall comprise at least 20% of the total site area and not less than 10,000 contiguous square feet. At least 50% of the required open space shall be developed for common recreational purposes.

(d)

The yard requirements for the district shall apply only to the outside perimeter of the development. The perimeter yards shall be maintained as common areas reserved as common open space or common driveways or parking areas.

(e)

All utilities shall be placed underground.

(f)

All lots shall be served by public water and sewer.

(g)

Each dwelling type shall meet all supplemental use regulations established elsewhere by this division, except where the requirements established by this section differ.

(h)

The following example describes the formula which shall be used to calculate the maximum number of dwellings and minimum required open space and recreation space:

Cross reference— See § 75 for additional patio home requirements and § 77 for additional townhouse requirements.

(a)

Subdivision of lots for townhouses outside of a planned residential development shall be restricted to tracts with a minimum site area of 9,000 square feet. The maximum density shall be 14 dwelling units per acre.

(b)

Except within a planned residential development, each townhouse shall meet the following dimensional requirements:

—Minimum lot area—interior unit: 2,500 square feet

—Minimum lot area—end unit: 4,500 square feet

—Minimum lot width—interior unit: 22 feet

—Minimum lot width—end unit: 45 feet

—Minimum front yard: 20 feet

—Minimum side yard—end unit: 20 feet

—Minimum rear yard: 15 feet

—Maximum building height: 35 feet

(c)

Not more than eight dwelling units shall be permitted per building.

(d)

A 300 square feet fenced or walled private yard area shall be provided on lots of less than 7,000 square feet. Not less than 100 square feet of the private yard area, with a minimum dimension of 10 feet, shall be a hard-surfaced patio or porch. Townhouses on adjacent lots to the rear or sides may own and maintain common party fences or walls. All living spaces within the dwelling shall open onto the private yard area.

(e)

All utilities shall be placed underground.

(f)

All lots shall be served by public water and sewer.

(a)

The minimum site area shall be 5 acres.

(b)

Each grave site shall be set back a minimum distance of 50 feet from any property line of the cemetery. Each columbarium or mausoleum shall be set back a minimum distance of 200 feet from any property line of the cemetery.

(c)

A six foot high protective wall or fence shall be located along all property lines, except at points of vehicular access where gates with locks shall be maintained. The cemetery shall be exempt from any required screening and bufferyard along a public right-of-way.

(d)

No grave site shall be located closer than 150 feet from a water line or underground water supply.

Where located in the B-T or B-1 District, no repossessed or acquired items shall be displayed or stored on the premises.

(a)

Uses and activities. The campground shall include individual campsites for travel trailer or tents but may also include following uses and activities:

—Hotel, motel, or similar guest accommodations;

—Facilities designed to serve only the park guests, such as restaurants, cafeteria, laundromats, retail concession sales, bathing facilities; recreational facilities, and similar guest facilities; and

—Accommodations for resident personnel employed by the campground management.

(b)

Site area. The minimum site area shall be 10 contiguous acres.

(c)

Density. The maximum number of campsites per acre shall be 15.

(d)

Perimeter yards. No campsite or building shall extend into any required yards along the perimeter of the park, as listed below. The perimeter yards shall be reserved for screening and buffering yards and may also be used for common streets, walkways, and passive recreation areas (without structures). The screening and bufferyard standards of this ordinance may require wider perimeter yards, depending on the adjacent uses of land, and may place additional restrictions on the use of the perimeter yards.

—Front yard: 50 feet

—Rear yard: 30 feet

—Side yard: 30 feet

(e)

Dimensions. The minimum area for each campsite shall be 1,500 square feet with a minimum width of 40 feet. Boundaries shall be clearly marked on the ground by permanent flush stakes.

(f)

Pad. Each campsite shall have a level pad for parking a travel trailer or installing a tent.

(g)

Recreation space. At least 15% of the site area of the park shall be devoted to usable recreation space.

(h)

Restroom facilities. Common restroom and bathing facilities to meet the needs of park guest at full capacity are required.

(i)

Streets. One or two-way private streets shall be provided to furnish access to each campsite and other park facilities. The street surface may be graveled or paved. Surface widths of streets shall be 12 feet per travel lane plus six feet per parallel parking lane on either side. Maximum gradients shall be 12%. Dead end streets shall provide turnarounds with a minimum 40 feet radius.

(j)

Parking. One and one-half parking spaces shall be provided in the park for each campsite. One 9 feet by 19 feet space shall be provided on each campsite.

(k)

Utilities. All utility lines shall be placed underground.

(l)

Refuse disposal. Refuse collection and disposal shall be the responsibility of the campground management. Dumpsters in centralized locations shall be provided.

Where located in the B-T District, the following limitations shall apply:

(1)

No parking space shall occupy a required front yard which shall be kept landscaped and free of signs.

(2)

Sale of automotive fuels shall be prohibited.

(a)

Customary home occupations shall be limited to office, artistic and craft pursuits, fix-it services, and similar limited activities but shall exclude barber shops, beauty shops, clinics, fortune tellers, automobile repair or body shops, automobile sales, storage of contractors' supplies, and similar activities.

(b)

The use shall be conducted entirely within the dwelling and be confined to not more than 25% of the livable floor area.

(c)

Employment shall be limited to residents of the dwelling.

(d)

No customers or clients shall be permitted on the premises. All goods and services shall be delivered to the consumer.

(e)

Not more than one, non-illuminated, wall-mounted sign of two or less square [feet] of area shall be permitted per dwelling.

Sales areas shall be set back at least 200 feet from any lot line.

(a)

No storage space shall exceed 400 square feet in area and one story in height.

(b)

Each storage space shall be served by a paved driveway of 15 feet minimum width for each direction of travel.

(c)

The entire site shall be enclosed by security fencing and be kept lit with security lighting throughout.

(Ord. No. 2003-10, § 9, 4-10-03)

(a)

Display areas shall not occupy any part of a required off-street parking or loading area.

(b)

Display areas shall be set back from all lot lines so as to meet the district yard requirements.

(a)

The center shall have a minimum site area of one acre and maximum site area of less than three acres.

(b)

Where located in the B-T and B-1 Districts, the following limitations shall apply:

(1)

Permitted uses shall be limited to the following commercial uses:

—All permitted commercial uses in the B-T or B-1 District.

—Small retail specialty stores and services such as antique shops, curio shops, hobby shops, gift shops, appliance stores, ice cream stores, import food stores, delicatessens, bakeries, home furnishings stores, import shops, book stores, baby stores, pet stores, sporting goods stores, florists, photo shops, clothing stores, shoe stores, jewelry stores, tobacco stores, candy stores, sporting goods stores, bicycle shops, toy stores, and other retail sales and services determined by the Zoning Administrator to be of an equivalent specialized nature but excluding department stores, variety stores, automotive uses, recreation uses, and uses involving any outdoor display or sales.

(2)

Each specialty retail use within the center shall occupy no more than 2,000 square feet of gross leasable area.

(3)

The maximum building height shall be one story.

(4)

No parking space shall occupy a required front yard which shall be kept landscaped and free of signs.

Editor's note— Ord. No. 2009-08, § 1, adopted April 21, 2009, repealed former § 86.1 in its entirety which pertained to specialty retail establishments or services and derived from Ord. No. 2002-42, adopted Oct. 1, 2002.

(a)

No soil, sand, gravel, clay, minerals, or similar material shall be removed by surface mining, stripping, or open field mining operations.

(b)

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

Garage or yard sales on the same lot shall not be conducted for more than three days (whether consecutive or not) during any 90-day period.

(a)

Medical or surgical treatment commonly performed by a veterinarian shall be prohibited.

(b)

The breeding or raising of small animals shall be prohibited.

(c)

Holding areas for animals shall be limited to the shop.

(d)

Short term boarding of small animals shall be prohibited in the B-T (Transition Business) zoning district.

(Ord. No. 2009-09, § 2, 4-21-09)

(a)

One (1) duplex and/or one (1) manufactured housing unit shall be permitted upon each parcel of property zoned in the AG (Agricultural) Zoning District. Said duplex or manufactured housing Unit may be occupied by persons employed upon the property upon which the duplex or manufactured housing unit is located, together with those persons who reside with said employees as part of one single family unit.

(b)

The subdivision of a parcel of land located in the AG Zoning District shall not cause said subdivided parcel to be considered as multiple parcels for purpose of the placement of multiple dwelling units on said multiple parcels. A parcel of land located in the AG Zoning District and subdivided shall, for purposes of the application of this supplemental use regulation, be considered one lot.

(Ord. No. 2007-14, § 1, 4-17-07)

(a)

This section applies only to single-family residences which were in existence within a B-4 Zoning District on July 5, 2010.

(b)

A single-family residence within a B-4 Zoning District is a nonconforming use, and may be maintained consistent with the provisions of Division 3 of Article VII of the Jasper Zoning Ordinance.

(c)

In the event of the destruction of a single-family residence within a B-4 Zoning District, notwithstanding the provision of subsection 293(a) and section 294 of Division 3 of Article VII of the Jasper Zoning Ordinance, the same may be replaced; provided, However, that such replacement must be either:

(1)

Entirely within the "footprint" of the nonconformity as the same existed prior to the destruction of the residence; or

(2)

Entirely in conformity with the dimensional and setback requirements of the B-4 Zoning District.

(Ord. No. 2010-27, 9-21-10)

Attached and detached canopies shall not extend closer than 15 feet from the front and side property line in the B-1, B-2, and B-4 zoning districts.

(Ord. No. 2010-15, § 1, 5-18-10)

Auto body repair facilities are permitted in B-4 (I-22 Business Corridor) district subject to the following:

(1)

All damaged vehicles should be screened from public view either in an enclosed building or minimum of eight-foot fencing. Such fencing shall be of a material approved by the zoning administrator.

(2)

All vehicles associated with towing or towing apparatus shall be kept within an enclosed building or behind required fencing.

(3)

Fence shall be maintained in good condition as not to allow the vehicles or towing apparatus to be seen from public view.

(4)

All required fencing shall be located to the rear of the building. For double frontage or corner lots, the fencing shall be located in an area to avoid objectionable views.

(5)

In no event shall property/facility be used as a salvage yard, junk yard or recycling collection center.

(Ord. No. 2012-07, § 1, 3-20-12)

Editor's note— Ord. No. 2012-07, § 1, adopted March 20, 2012, amended Appendix A by adding provisions a § 90. In order to avoid conflicts in section numbering the editor has redesignated these provisions as § 93.

(a)

After receiving conditional use approval, a climate-controlled storage facility can also contain leasable square footage not to exceed 20 percent of the gross square footage of the facility, for meeting rooms, copy rooms and similar ancillary purposes.

(b)

Where it is proposed to accommodate other uses on the same development site, the applicant shall submit an overall master plan for the total development of the site. No storage bay or unit shall be used as a place of business, and no business license shall be approved for the climate-controlled facility other than that for the facility owner/operator.

(c)

No storage bay or unit shall contain plumbing or more than one electrical outlet.

(d)

All cladding materials for structures shall be described in the application and/or the site plan. Building facades that will be visible to a public right-of-way shall consist of natural materials such as wood or stone, or manufactured products such as brick, stucco, or architectural decorative concrete block, or other such materials as may be approved by the Planning Commission. All structural supports, such as columns, for vehicular canopies shall be clad in one or more of the same materials as the building facades.

(e)

One parking space per 20 units shall provided.

(Ord. No. 2011-09, § 2, 4-5-11)

(a)

A medical cannabis dispensary must comply with all regulations established in Code of Ala. 1975, §§ 20-2A-1—100, as the same now exist or may be hereinafter amended.

(b)

A medical cannabis dispensary must comply with each of the following:

(1)

Minimum plat size of 5 acres;

(2)

The property shall not be located within 1000 feet of a public or private school, childcare center, church, public park, municipal government facility or property zoned as a residential district, as measured by a straight line beginning at the property line of the site of the proposed dispensary to the closest property line of any parcel occupied by any of the listed uses.

(3)

The applicant submits the following plans demonstrating compliance with all applicable Alabama laws, regulations, administrative rules, and ordinances, including but not limited to:

a.

An operating plan;

b.

A conceptual site plan including buffers, security fencing, and access plan;

c.

A waste management plan;

d.

An odor control plan;

e.

All standard operating procedures (SOP), if different from the operating plan; and

f.

A detailed written plan for securing the facility in compliance with Alabama Law is to be reviewed and approved by the Zoning Administrator and designee from Jasper Police Department and Jasper Fire Department.

(4)

The main entry of a dispensary must be at least 10,000 feet from the main entry of another medical cannabis dispensary; and

(5)

No dispensary may be located within the current or any future Entertainment District.

(6)

A dispensary must be located on property adjacent to Highway 118.

(Ord. No. 2024-05, § 4, 4-2-24)

(a)

A medical cannabis facility must comply with all regulations established in Code of Ala. 1975, §§ 20-2A-1—100, as the same now exist or may be hereinafter amended.

(b)

This section shall apply to all of the following:

(1)

Medical cannabis cultivation facility;

(2)

Medical cannabis processing facility;

(3)

Medical cannabis secure transportation facility;

(4)

Medical cannabis integrated facility (that does NOT include a medical cannabis dispensary); and

(5)

Medical cannabis state testing facility.

(c)

Medical cannabis facilities shall meet all of the following requirements:

(1)

Minimum plat size of 5 acres;

(2)

The property shall not be located within 1000 feet of a public or private school, childcare center, church, public park, or municipal government facility, as measured by a straight line beginning at the property line of the site of the proposed Facility to the closest property line of any parcel occupied by any of the listed uses;

(3)

The applicant submits the following plans demonstrating compliance with all applicable Alabama laws, regulations, administrative rules, and ordinances, including but not limited to:

a.

An operating plan;

b.

A conceptual site plan including buffers, security fencing, and access plan;

c.

A waste management plan;

d.

An odor control plan;

e.

All standard operating procedures (SOP) if different from or in addition to the operating plan; and

f.

A detailed written plan for securing the facility in compliance with Alabama Law is to be reviewed and approved by the Zoning Administrator and designee from Jasper Police Department and Jasper Fire Department.

(d)

A medical cannabis facility or portion of such facility which contains a dispensary must comply with all provisions applicable to dispensaries in section 95 of the City of Jasper Zoning Ordinance.

(Ord. No. 2024-05, § 4, 4-2-24)

(1)

The building utilized for a short-term rental must be a permanent structure located on the site.

(2)

The building utilized for a short-term rental must meet all applicable building codes, fire codes, rental codes, and this Zoning Ordinance (such as for setbacks, off-street parking, etc.).

(3)

The building may be used for purposes other than residential only if located within a district in which such activity is otherwise permitted.

(4)

No on-site signage identifying the property as a short-term rental is permitted.

(5)

Properties may not be leased for a period of time less than 24-hours.

(6)

Occupancy of a property is limited to two persons per bedroom, plus two additional persons.

(7)

The licensee may not prepare/serve food to rental guests.

(Ord. No. 2024-07, § 3, 6-4-24)

Editor's note— Ord. No. 2024-07, § 3, adopted June 4, 2024, set out provisions intended for use as App. A, § 95. Inasmuch as there were already provisions so designated, said section has been codified herein as App. A, § 97 at the discretion of the editor.