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Lanett City Zoning Code

ARTICLE III

- GENERAL REQUIREMENTS

Section 1. - Uses.

Except as hereinafter provided, no building or parcel of land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered except for a use permitted within the zoning district in which it is located.

Section 2. - Structures.

It is the intent of this ordinance that no more than one principal use structure shall be located on any single lot of record, plus any permitted accessory structures. Accessory structures shall not include functionally independent living quarters.

Section 3. - Height and density.

3.1

Height of structures. In each district, each structure hereafter erected or altered shall not exceed the height limits specified in this ordinance. Height limitations shall not apply to church steeples, barns, silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers and all such structures specifically exempted from local zoning regulations by applicable federal law, cooling towers, water tanks, and similar structures not intended for human occupancy.

3.2

Intensity of use. Each building and lot shall not be used or occupied hereafter by more families or for a higher intensity of use than permitted in the zoning district in which it is located.

Section 4. - Accessory structures.

4.1

In residential districts. Accessory structures in residential districts or the agricultural district, or any lot used primarily for residential purposes, shall conform to the following regulations:

A.

Accessory structures shall be permitted in the rear yard only. Accessory structures shall not exceed the height of the principal use structure, shall not cover more than 30% of the rear yard, and shall be located at least five feet from all lot lines.

B.

When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is attached.

C.

On any lot adjoining along its side lot line another lot which is in a residential district, no part of any accessory building shall be located within sixty (60) feet of any front lot line.

4.2

In nonresidential districts. On any nonresidential lot sharing a side lot line with a lot in a residential district, no part of any accessory building shall be located within fifty (50) feet of the property line dividing the nonresidential lot and the residentially zoned property. On any lot adjoining along its side lot line another lot which is in a residential district, no part of any accessory building shall be located within sixty (60) feet of any front lot line.

4.3

Minimum separation. Except as herein provided, no accessory building shall be located closer than five (5) feet to a lot line, nor closer than ten (10) feet to a principal building or to any other accessory building on the same lot.

Section 5. - Lots.

5.1

Minimum lot size. All lots created after the effective date of this ordinance shall comply with the minimum lot size requirements for the zoning district within which they are located.

5.2

Yard reduction. Except as herein provided, no lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this ordinance.

5.3

Minimum frontage. All lots shall have a minimum frontage of not less than forty (40) feet along a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards. The minimum required frontage shall be reduced to thirty (30) feet for lots fronting on the turn-about at the end of a permanent cul-de-sac.

5.4

Minimum lot width-to-length ratio. No part of any lot shall be narrower than one (1) foot for each three (3) feet of length as measured along the longest side boundary of the lot.

Section 6. - Yards and open space.

6.1

Required yards and open spaces. In each district, each structure hereafter erected or altered shall be provided with the yards specified, and shall be on a lot of the area and width specified in this ordinance. No open space or lot required for a building or structure shall, during its life, be occupied by or counted as open space for another building or structure. No yard or other open space provided, nor the off-street parking and loading spaces required, about any building for the purpose of complying with the regulations of this ordinance shall hereafter be included as a part of a yard or other open space, or the off-street parking or loading spaces, for any other building, except hereafter provided.

6.2

Yards and open spaces on substandard lots. Where the owner of a property, at the time of adoption of this ordinance, has a lot or lots of official record which are substandard to the requirements of the district in which they are located according to this ordinance, the building and its accessory structures may be built, provided:

A.

The yard space and other requirements conform as closely as possible, in the opinion of the board of adjustment, to the requirements of the district in which the property is located.

B.

That neither side yard shall be reduced to less than five (5) feet.

C.

No building shall be required to set back more than the average of the setbacks of the existing residences within 100 feet each side thereof, but in no case shall the setback of any building hereafter erected or altered be less than 20 feet.

Section 7. - Building setback lines.

7.1

Properties abutting existing improved public streets. When any required yard abuts a street or roadway with an existing public street right-of-way of forty (40) feet or more, the setback shall be the standard setback required in that zoning district. The setback shall be measured from the property line.

7.2

Properties abutting dedicated rights-of-way. When any required yard abuts a street or roadway with a dedicated right-of-way (public or private) of less than forty (40) feet, the setback shall be not less than twenty (20) feet, plus any additional setback required by the minimum dimensional requirements for the applicable zoning district. The setback shall be measured from the centerline of the existing improved roadway. If no improved roadway has been constructed within the right-of-way, then the 20-foot setback shall be measured from the centerline of the dedicated right-of-way.

7.3

Properties abutting street or roadways without dedicated rights-of-way. When any required yard abuts a street or roadway (public or private) without a dedicated right-of-way, the setback shall be not less than twenty (20) feet, plus any additional setback required by the minimum dimensional requirements for the applicable zoning district. The setback shall be measured from the centerline of the existing improved street or roadway.

Section 8. - Frontage on corner lots and double frontage lots.

On lots having frontage on more than one street, the side or rear yard setback along the secondary street shall not be less than the required front yard setback for the applicable zoning district.

Section 9. - Access to streets.

No building for human occupancy shall be erected without unrestricted vehicular access to a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards.

Section 10. - Fences and walls.

10.1

Height on residential properties. Fences or walls may be erected, placed, maintained, or grown along a side or rear lot line on residentially zoned property, or adjacent thereto, to a height not exceeding six (6) feet above the ground. Fences or walls located in a required front yard shall not exceed a height of four (4) feet, and in the first ten (10) feet from the right-of-way the height shall not exceed two-and-one-half (2½) feet. Where such lot line is adjacent to a nonresidentially zoned property, fences and walls may be maintained at a height not exceeding eight (8) feet.

10.2

Height on nonresidential properties. No fence or wall erected, placed, maintained, or grown along a lot line on any nonresidentially zoned property shall exceed a height of eight (8) feet.

10.3

Prohibited materials. Barbed wire shall not be used as fencing for any residential property.

Section 11. - Traffic visibility at intersections.

On any corner lot, nothing shall be erected, placed, or grown in such a manner as to limit or obstruct traffic visibility at the street intersection. A clear sight triangle shall be maintained upon such lot, such sight triangle beginning at the intersection of the two lot lines along the street and running along each lot line for twenty-five (25) feet; the third leg of the triangle is formed by connecting the other two legs of the triangle. Within such sight triangle, nothing shall be erected, placed, or grown taller than a height of thirty-six (36) inches above the centerline grades of the intersecting streets.

Section 12. - Stormwater management.

Stormwater runoff from construction sites and urban development is a significant source of surface water contamination. New development and construction activity must be designed to minimize on-site erosion and the resulting sedimentation of off-site water resources that can be generated by stormwater runoff. Therefore, all development shall comply with the following requirements. The city may request assistance from the natural resource conservation district or other qualified experts in evaluating the applicant's proposed measures to comply with these requirements.

12.1

Exempt activities. The following activities shall be exempt from these stormwater management requirements:

A.

Minor land disturbing activities normally associated with single family uses, such as home gardens, landscaping, building repairs or alterations, swimming pool installation, or other related, low-impact activities.

B.

Construction of a single family dwelling on an individual lot and the installation or replacement of a manufactured home.

C.

Agricultural practices or the construction of farm buildings, when conducted in full compliance with all applicable best management practices.

D.

Private and commercial forestry activities, when conducted in full compliance with all applicable best management practices.

12.2

ADEM permit required. Construction projects or land disturbing activities involving one (1) or more acre of land must be approved by the Alabama Department of Environmental Management prior to development. Applicants subject to this requirement shall provide evidence that a stormwater discharge permit has been issued by ADEM prior to the issuance of a zoning permit by the enforcement officer.

12.3

Tie-in required. All proposed drainage improvements shall tie into any existing man-made or natural drainage ways along the existing public streets adjoining the development site. Under no conditions shall stormwater drainage be emptied into the sanitary sewer system or vice-versa.

12.4

Basic guidelines. Stormwater management measures shall be designed in accordance with all applicable best management practices for the proposed type of construction activity. Appropriate short-term (during construction) and long-term (after construction is complete) measures shall be applied to minimize potential erosion of disturbed soils on the development site. All slopes on the development site in excess of ten (10) percent grade shall be permanently stabilized through the use of natural vegetation (preferably native vegetation), retaining walls, terracing, or a combination, as may be appropriate. Development sites which will contain more than twenty thousand (20,000) square feet of impervious surfaces or upon which more than fifty (50) percent of the total lot area will consist of impervious surfaces shall contain adequate stormwater management facilities (detention or retention basins, drainage ways, storm drains, etc.) to accommodate on-site and safely release or transmit the runoff that would be generated by a 25-year storm event, without causing an increase or surge in the volume and velocity of off-site peak stormwater runoff over the pre-development state. However, if the site is located within the FHA: flood hazard area zone, the stormwater management facilities shall be designed to accommodate on-site and safely release or transmit the runoff that would be generated by a 100-year storm event, without causing an increase or surge in the volume and velocity of off-site peak stormwater runoff over the pre-development state.

12.5

Creative and innovative polluted runoff management practices. Where feasible and appropriate, proposed developments may incorporate creative and innovative design to minimize the impacts of polluted runoff on the environment. Such design features may include, but are not limited to, undisturbed natural buffers between impervious surfaces and adjoining streams and drainageways, maximum retention of existing mature trees on building lots, the use of seeded shallow "V" drainage swales (with stabilized cut slopes not to exceed a ten [10] percent grade) rather than concrete curb and gutter, the use of porous pavement surfaces for parking lots, service roads, alleys, and cul-de-sacs, the use of crushed gravel or turf parking areas for small parking lots or spillover parking areas, and the creation of wetlands for stormwater detention and retention, and other practices as may be appropriate to address on-site stormwater drainage needs. Such creative and innovative design features should be used in the following development settings;

A.

where they will be compatible with existing off-site stormwater management infrastructure improvements serving the drainage basin, and

B.

where appropriate to adequately and safely accommodate the stormwater runoff that would be generated by the proposed level of impervious surfaces without the need for excessive perpetual maintenance.

12.6

Stormwater management on privately owned common open space lands. Where any stormwater management improvements are to be constructed on common open space lands within the development, such improvements shall be subject to special maintenance provisions as required in Article IV, Section 10 (common open space requirements) of this ordinance. The City of Lanett shall assume no responsibility or liability for the continued, maintenance, improvement, or repair of privately owned stormwater management facilities.