For the purposes of this chapter, certain words and terms are defined as herein indicated and shall apply to all parts of this chapter. Unless specifically defined therein, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage, and so as to give this chapter its most reasonable application. All words used in the present tense shall include the future tense, all words in the singular shall include the plural, all words in the plural shall include the singular; all masculine pronouns shall include the feminine and the neuter genders and all feminine pronouns shall include the masculine and the neuter genders; unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory.

(Ord. No. 1778, § 1(19-1-1), 9-8-2008)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

Accessory building. A building that is located on the same lot or parcel as the principal use and which is clearly incidental to the principal use. Such uses shall include, but not be limited to, the following: detached private garage, noncommercial greenhouse, pool house, and similar uses.

Accessory structure. A structure which is located on the same lot as the principal use and which is clearly incidental to the principal use. Such uses shall include, but not be limited to the following: swimming pool, hot tub and related uses, private playground equipment, fences and walls, tennis courts, basketball courts, batting cages and similar uses (does not include freestanding or wall mounted basketball hoops in/above driveways or on patios).

Acre. A measure of lands containing 43,560 square feet of area.

Addition. A structure which increases the footprint and/or square footage of the original structure at some time after the completion of or after a certificate of occupancy has been issued for the original structure.

Alley. A public way which is narrower than a street, affords only a secondary means of access to contiguous property and is not intended for general travel.

Alteration. Any remodeling; any addition to the height, width or depth of a building or structure; any change in the location of any of the exterior walls of a building or structure; or any change in the interior accommodations of a building or structure.

Attic. Accessible space located between the top of a ceiling and the underside of a roof.

Automobile service station. A business having pumps and storage tanks at which fuels, oils and other products customarily used in connection with motor vehicles are sold at retail and where minor repairs, servicing and inspections of motor vehicles may be conducted incidentally to the sale of such fuels, oils and products. Body work on, or painting of, motor vehicles may not be done at an automobile service station.

Basement. That portion of a building that is partly or completely below grade (see "Story above grade").

Berm. A landscaped mound of earth typically used to shield, screen, and buffer views and to separate land uses.

Board of zoning adjustment. The board of zoning adjustment of the City of Mountain Brook.

Buffer. A landscaped strip of land established for the purpose of separating potentially incompatible land uses and promoting visual harmony, reducing noise, diverting emissions, reducing the effects of adjacent lighting and enhancing the environment. A buffer may consist of existing or planted trees, shrubs, or vegetation, fences, walls or berms.

Building. A roofed structure built for the shelter, housing, or enclosure of persons or property.

Building area. That portion of a lot or parcel which is occupied by the main building, including porches, carports, accessory buildings, and other structures.

Building height. The vertical distance measured from the grade at the center of the front exterior wall of the building to the highest point of the structure, except for chimneys and antennas.

Building official. The head of the building inspections department of the City of Mountain Brook.

Building, principal. A building in which is conducted the primary use for which the parcel on which such building is located was intended. In any residential district a dwelling shall be deemed to be the principal building.

Catering. Preparation of food for off-site consumption.

Centerline (of a street). With respect to a street with a dedicated right-of-way, a line running parallel with the street right-of-way which is half the distance between the two sides of the right-of-way. With respect to an undedicated street, the centerline is a line running parallel with, and half the distance between, the edges of the pavement on said street.

Certificate of occupancy. A final certification issued by the building official with respect to a building, or a part thereof, which has been completed or otherwise made ready for occupancy or use in accordance with the ordinances and regulations of the city. Such certification indicates conformity with the provisions of this chapter as well as with other applicable codes and ordinances and shall be the approval required for the occupancy or other intended use of such building or part thereof. No occupancy or use of such building, or part thereof, may begin until the certificate of occupancy has been issued.

City. The City of Mountain Brook.

City Code. The City Code of the City of Mountain Brook, Alabama.

City council. The city council of the City of Mountain Brook.

City manager. The city manager of the City of Mountain Brook.

City planner. The zoning officer of the City of Mountain Brook.

Clinic, medical and dental. A category of medical and dental care focused on the delivery of routine or ambulatory care, and the treatment of acute or chronic illness or injury requiring immediate care (those not warranting an emergency room visit). Often characterized by, but not limited to, one or more of the following: acceptance of patients on a walk-in basis with no appointment required, extended hours of operation on weekdays and/or weekends, and/or a pool of rotating medical or dental practitioners rather than the primary office of one or more permanent practitioners.

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

Daycare. Care and supervision of not more than six infants in a dwelling, provided that the use of a dwelling for such services shall be subject to the approval of the planning commission. As used herein, "infant" shall mean a child prior to the time when he walks independently.

Daycare center. A facility which exclusively provides care and supervision and/or instruction to children under 16 years of age during a portion of the day, but which may not be used as a place for children to spend the night or to live on a temporary or long-term basis.

Density. Relates to the number of dwelling units permitted within a specified area.

Duplex. A building with two dwelling units, each of which is designed exclusively for occupancy by one family. The dwelling units must be located side-by-side, and one may not be located on top of the other.

Dwelling. A building containing one or more dwelling units. For a part of a building to constitute a separate dwelling unit it must be separated from the remainder of the building by one or more party walls. The word "dwelling" shall not include boarding houses, rooming houses, tents, hotels, mobile homes or other structures designed or used primarily for transients.

Dwelling, multi-family. A building containing three or more dwelling units, the majority of which are not owner-occupied.

Dwelling, single-family. A building containing one dwelling unit to be used and occupied by only one family.

Dwelling, two-family or duplex. See "duplex."

Dwelling unit. Any building or any part of a building used or designed as a separate residence for a family, including an apartment or one or more rooms forming a single residential unit.

Dwelling, townhouse. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with open space on at least two sides.

Effective date. The date that this article is formally approved by the city council of the City of Mountain Brook, Alabama, and thus becomes law.

Excavation. Any manmade cavity or depression in the earth's surface including all sides, walls, or faces formed by earth removal and producing unsupported earth conditions by reasons of the excavation.

Facade. Any building front on a public street.

Family. One or more persons related by blood, marriage, or adoption, or by some other legal custodial relationship, living and cooking together as a single housekeeping unit in a single dwelling unit; or two unrelated individuals living and cooking together as a single housekeeping unit in a single dwelling unit.

Fence. A structure serving as an enclosure, barrier or boundary, usually made of boards, rails, posts or wire.

Fence, privacy. See "Privacy fence."

Floor area. The gross horizontal areas, expressed in square feet, of all floors in a building, as measured from the exterior faces of the exterior walls of a building, but excluding basement areas used exclusively for storage or mechanical equipment.

Floor area, rentable. See "Rentable floor area."

Frontage. See "Street frontage."

Garage. An accessory building designed or used for the storage of one or more motor vehicles owned or leased and used by the occupants residing in the building or buildings to which such building (garage) is accessory.

Garage, repair. A building in which there is conducted a business involving the maintenance, repair or refinishing of motor vehicles, including minor maintenance and major repairs, such as mechanical overhauling, transmission repair, paint and body work.

Grade. The level of the finished ground surface adjacent to all exterior walls of a building.

Gross floor area. The sum of the areas of all floors within the outside edge of the outside walls of a building.

Home occupation. An activity conducted as a business, which is clearly incidental and subordinate to, and compatible with, the use of a premises as a dwelling, which is carried on wholly within a main or accessory building by a member or members of a family residing in such dwelling and which will not adversely affect the residential character of adjacent or nearby residential property.

Impervious surface. A surface that does not absorb water. Buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt are impervious surfaces.

Institutional use. The occupancy and use of a structure or parcel by an entity created for nonprofit purposes, or for public use or services, including, but not limited to, churches, schools, hospitals and charities.

Livable area. The portion of a dwelling which is heated and ventilated and otherwise maintained in a manner so as to be habitable.

Lot. A parcel of land designated as a separate piece of land (lot) by a map or plat recorded in the office of the Judge of Probate of Jefferson County, Alabama.

Lot line. Any boundary line of a lot or other parcel.

Lot, corner. A lot abutting upon two or more streets at their intersection.

Lot, double frontage. A lot abutting upon two or more streets, but not at their intersection.

Net area. The total gross land area of a proposed development site less the areas used for rights-of-way for public or private streets, the areas used for lakes and ponds, whether natural or manmade, and floodplain areas.

Nonconforming building or structure. Any building or structure which does not meet the applicable limitations on, or requirements for, size, dimensions, location or the use to which such building or structure is being put. For the purposes of this chapter, such buildings or structures shall be considered nonconforming and will be treated accordingly.

Nonconforming uses. The continued use of lots, parcels, tracts, structures, or buildings, which, as a result of the adoption or amendment to this chapter, no longer conform to applicable zoning provisions.

Office, business. Office uses that provide employment and space for the administrative affairs of businesses, but that do not generally involve frequent or intensive interactions by clients or general consumers on a daily basis, and where the delivery of the product or service does not necessarily need to occur on the premises.

Office, professional. Offices uses such as accountants, architects, attorneys, dentists, engineers, insurance agents, physicians, realtors, surgeons or persons conducting similar occupations or professions whose occupation or profession often requires professional licenses or certification.

Open space. The portion of a parcel which is not covered by a building (except recreational structures), right-of-way, easement, driveway, or parking lot and is accessible and available to all occupants of the building or buildings located on such parcel. Such space is intended to provide light and air, and is designed either for environmental, scenic or recreational purposes.

Overlay zone. A district applied over existing zoning districts and containing provisions that are applicable in addition to those contained in the underlying zoning district.

Parcel. A piece of land, including, but not limited to, a lot.

Parcel, corner. A parcel which abuts two or more streets at the intersection of such streets.

Parcel, double frontage. A parcel, other than a corner parcel, which abuts two streets.

Permitted uses. Uses of land, buildings or other structures which are permitted in a particular zoning district.

Places of worship (including churches, synagogues, mosques, etc.). A building used by a recognized and legally established religious sect for purposes of worship and related uses and activities.

Planned unit development. A development on a parcel under unified control designed and planned to be developed in one phase or in a series of prescheduled development phases in accordance with an approved final development plan which must comply with the requirements of article XV of this chapter.

Planning commission. The planning commission of the City of Mountain Brook.

Premises. A lot or other parcel of land and all buildings and other structures located thereon.

Principal use. The only or primary purpose for which a parcel is used.

Privacy fence. A fence which is specifically intended to hide or screen a property, or a portion thereof, or some object or objects thereon, from view from one or more adjacent parcels or streets.

Private drive. A service road or access drive serving as access to a planned, estate, cluster or other multi-unit development. The maintenance of these types of drives shall not be the responsibility of the city. The term "private drive" shall not include a driveway servicing any other types of single-family dwellings.

Rentable floor area. The gross horizontal areas, expressed in square feet, of all floors in a nonresidential building, as measured from the exterior faces of the exterior walls of such building, but excluding areas used exclusively for storage or mechanical equipment.

Repair garage. See "Garage, repair."

Residential. The term "residential" shall refer to any parcel or building used, or intended to be used, exclusively for a dwelling or purposes related to a dwelling.

Residential district. Any zoning district established by, or referred to in, this chapter, or in any subsequent amendment to this chapter, in which the sole or primary use is for residential purposes; provided, that a mixed use district shall not be considered a residential district. Such districts are differentiated in a manner so as to facilitate and promote the compatibility and consistency of development and uses within a district, and to facilitate and promote reasonable compatibility and orderly, rational, efficient and effective transitions between districts.

Retaining wall. Any wall erected to hold back or support a bank of earth or to resist the lateral pressure of internal loads.

Screen. To visually shield or obscure a property or land use from view by all parties except those occupying the property on which said screening is conducted. Screening may be accomplished by means of an opaque fence, wall, berm, or densely planted vegetation (see "buffer and berm").

Section, subsection. Unless clearly indicated to the contrary in the context, a reference to a section or a subsection shall refer to the designated section or subsection in this chapter of this Code.

Setback. The distance between a building or other structure and the property lines of a parcel upon which such building or structure is located as are required in this chapter for the various zoning districts.

Shopping center. An attached row of stores managed as a coherent retail entity, which is comprised of a group of no less than three of the following types of uses: retail shops and service establishments (as identified in section 129-192 of the Mountain Brook Municipal Code, retail use category and service use category), restaurants (including lunchtime operations), or offices (professional or business offices as defined by the Mountain Brook Municipal Code), of which no more than 35 percent of the shopping center square footage is comprised of service and/or office uses; that fronts on a principal traffic arterial (as defined by the Mountain Brook Subdivision Regulations Road Classifications Map) and which provides private off-street parking and employs a system of interconnected walkways that enable customers to walk from unit to unit.

Sign. A lettered, numbered, symbolic, pictorial or illuminated visual display that is designed to identify, announce, direct or inform.

Site. The portion of a parcel covered by a building.

Site plan or development plan. A plan, prepared to scale, showing the dimensions and boundaries of a parcel and the location of all buildings, structures and principal site development features proposed for, or already located on, such parcel. A preliminary site plan or development plan is a plan which gives a broad, conceptual depiction of how a property is proposed to be developed and how the development will relate to the surrounding area. A final site plan or development plan is a more detailed plan which shows specifically how such parcel will be developed and relate to the surrounding area.

Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

Story above grade. Any story having its finished floor surface entirely above grade. A basement shall be considered as a story above grade when having:

(1)

More than six feet above the finished ground level for more than 50 percent of the total building perimeter; or

(2)

More than 12 feet above the finished ground level at any point.

Street. A public thoroughfare which affords the principal means of access to abutting property and the right-of-way of which, whether dedicated or undedicated, is more than 21 feet in width if such thoroughfare became a public thoroughfare, by dedication, or otherwise, on or before January 23, 1950, or more than 39 feet in width if such thoroughfare became a public thoroughfare, by dedication, or otherwise, after January 23, 1950.

Street frontage. The extent of the distance that a parcel and a street are contiguous.

Street line. The dividing line between a parcel and the right-of-way line of a contiguous street. Setback requirements for front yards and for side yards which are adjacent to a street shall be measured from the street line.

Structure. Any object constructed or erected, the use of which requires it to be located on the ground or to be attached to an object located on the ground, including buildings, signs, and fences and walls more than four feet in height, but excluding patios, utility poles, overhead utility wires, retaining walls required in connection with the construction of a building and walls and fences not more than four feet in height.

Townhouse. See "Dwelling, townhouse."

Use. The purpose for which land or a building or other structure may be utilized.

Utilities. Equipment or fixtures usually connected to, or constituting a part of, a structure and which are designed to provide services such as electricity, gas, water, sewage disposal, telephone and cable service.

Variance. A modification of the strict application of the terms and provisions of this chapter, which will not be contrary to the public interest or welfare, in situations in which, because of special conditions or circumstances, a literal enforcement of the provisions of this chapter would result in an unnecessary hardship to the owner of a parcel.

Yard. The open spaces between a building and the boundary lines of the parcel upon which the building is located, which space shall be unoccupied and unobstructed by any structure or other object from the ground upward. In measuring a yard for determining widths and depths of same, the distance between the boundary line of the parcel and the finished exterior wall of the building shall be used; provided, that if an eave or other part of the roof of the building extends more than two feet beyond the exterior building wall in question the point at which such eave or other part of the roof is furthest from the exterior wall shall be used as the measuring point instead of the exterior wall.

Yard, front (primary). The portion of the yard (extending across the entire width of a parcel) between the front exterior wall of the main building (or the front line of any covered porch) and the front boundary line of such parcel; opposite the rear yard. Any part of the yard lying beneath an eave which extends beyond the front exterior wall of such building or the front line of a covered porch for a distance of not more than two feet shall constitute a part of the front yard.

Yard, front (secondary). The portion of the yard (extending across the entire width of a parcel) between the front exterior wall of the main building (or the front line of any covered porch) and the front boundary line of such parcel; opposite the interior side yard. Any part of the yard lying beneath an eave which extends beyond the front exterior wall of such building or the front line of a covered porch for a distance of not more than two feet shall constitute a part of the front yard.

Yard, rear. The portion of the yard extending across the entire width of a parcel between the rear exterior wall of the main building on such parcel (including any covered porch) and the rear boundary line of such parcel. Any part of the yard lying beneath an eave which extends beyond the rear exterior wall of such building or porch for a distance of not more than two feet shall constitute a part of the rear yard.

Yard, side. The portion of the yard extending along a side boundary line of a parcel from the rear of the front yard to the front of the rear yard between the side exterior wall of the main building on such parcel (including any covered porch) and the side boundary line of such parcel. Any part of the yard lying beneath an eave which extends beyond a side exterior wall of such building or porch for a distance of not more than the lesser of fifteen percent of the distance between such side exterior building wall and the side boundary line of such parcel or two feet shall constitute a part of the side yard.

Zoning district. A classification established by this chapter for the purpose of classifying, controlling, guiding and regulating the development and use of land within such district and within the city as a whole. The zoning districts are differentiated to aid and promote the compatibility and consistency of development and uses within a district, and to aid and promote reasonable compatibility and orderly and effective transitions between zoning districts.

Zoning map. A map of the city, which may consist of one or more sheets and which shall have indicated thereon the various zoning districts of the city, as such zoning districts may be revised from time to time.

Zoning officer. An appointed official of the city whose responsibilities shall include interpreting, and overseeing the enforcement and administration of, the provisions of this chapter.

(Ord. No. 1778, § 1(19-1-2), 9-8-2008; Ord. No. 1794, § 5, 4-27-2009; Ord. No. 1869, § 3, 4-9-2012; Ord. No. 1955, § 1, 7-12-2016; Ord. No. 2008, § 1, 1-22-2018; Ord. No. 2021, § 2, 7-23-2018)