Unless specifically defined or described herein or unless context requires a different meaning, all words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration or table, the text shall control.

A.

All words used in the present tense shall include the future tense, all words in the singular number shall include the plural number, and all words in the plural number shall include the singular number, unless the natural construction of the wording indicates otherwise.

B.

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

C.

The word "person" includes individuals, firms, corporations, associations, trusts, and other similar entities.

D.

The words "used for" shall include the meaning "designed for", and the word "structure" shall include the word "building". The word "lot" shall include the words "plot", "parcel" and "tract".

E.

The word "shall" is mandatory, and the word "may" is permissive.

F.

The word "City" or "New Hope" shall mean the City of New Hope, Alabama.

G.

City Council or Council shall mean the City Council of the City of New Hope, Alabama.

H.

City Engineer shall mean a registered professional engineer, licensed by the State of Alabama, and employed by the City of New Hope or engaged as a consultant by the City.

I.

City Planning Staff shall mean the City of New Hope municipal staff designated to receive and/or review development plans, including the Mayor, Zoning Officer, City Clerk, Administrative Officer, Zoning Officer, Fire Marshal, City Engineer, Building Official and others as needed.

J.

The words "Zoning Officer" shall mean the municipal official designated by the City Council to administer and enforce the provisions of this Zoning Ordinance. The term also includes a designated representative of the Zoning Officer. The Council may assign the duties of the Building Official and the duties of the Zoning Officer to the same individual.

K.

Comprehensive Master Plan/Comprehensive Plan. Any plan or program adopted by the City for the physical, systematic, and orderly development of the City and its planning jurisdiction with particular regard to streets, parks, industrial and commercial undertakings, civic beauty and other matters properly within the police power. This also includes any Comprehensive Plan adopted by the City Council of the City of New Hope, Alabama, and as the same shall be altered, amended, modified and/ or replaced from time to time.

L.

The words "Building Official" shall mean the individual appointed by the City Council to administer and enforce the City Building Code and applicable provisions of this Zoning Ordinance. The Council may assign the duties of the Building Official and the duties of the Zoning Officer to the same individual.

M.

The words "Planning Commission" or "Commission" shall mean the City of New Hope Planning Commission.

N.

The word "Board" or "Zoning Board" or "Board of Adjustment" or "Zoning Board of Adjustment" shall mean the City of New Hope Zoning Board of Adjustment of the City of New Hope, Alabama established pursuant to the provisions of this Ordinance and which considers requests for variances and special exceptions and hears appeals to decisions of City staff in regard to this Zoning Ordinance.

O.

The words "map" or "zoning map" shall mean the "Official Zoning Map, City of New Hope, Alabama".

Graphics, tables and commentary boxes used in this Ordinance are to aid interpretation of the text, unless otherwise specifically stated. In the event of a conflict or ambiguity between a graphic, table or commentary box and the text, the text shall control.

Abutting. Touching at one point or along a common side, boundary or property line. Two properties separated by a street or right-of-way are "adjacent", but not "abutting". However, for purposes of annexation, two properties separated by a street or right-of-way are considered contiguous and therefore eligible for annexation.

Access. A way of approaching or entering a property.

Accessory Dwelling Unit (ADU). A dwelling unit that is associated with and incidental to a principal use, and is on the same lot as the principal use. ADUs are intended to provide dwelling space for family members of the principal homeowner and shall not be permitted for use as rental housing for non-family-related persons, except in the case of detached ADUs used for farm worker housing in Districts zoned as AG.

Accessory Structure. A subordinate structure or a portion of the principal structure, the use of which is incidental to the principal use of the premises, including any detached minor building consisting of masonry or frame walls and roof, at least one story in height or other type of structure necessary as an adjunct to the use and occupancy of a principal structure, except open structures such as pergolas, arbors and other garden houses of similar character. The term "accessory structure" shall include attached or detached garages, sheds, playhouses, storage buildings, garden structures, greenhouses, private studios, boat houses, pool houses, cabanas, and other similar buildings, as well as satellite dishes and solar energy systems.

Accessory Use. A use which is incidental or subordinate to the principal use of the premises, is customarily maintained and operated in connection with the principal use, and which is located on the same lot as the principal use.

Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

Adjacent. Either abutting or on the opposite side of a common street, right-of-way, or easement that separates it from the subject property. However, properties separated by a freeway or railroad right-of-way shall not be considered "adjacent".

Agriculture. The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce. The operation of any such accessory uses shall be secondary to that of normal agricultural activities. Agriculture uses shall not include the commercial feeding of garbage or offal to swine or other animals.

Alley. A public or private right-of-way or easement, on which no parcel fronts, providing access for two (2) or more properties along the side or rear of said properties.

Alteration. The word "alteration" shall include any of the following:

1.

Any addition to the height or depth of a building or structure.

2.

Any change in the location of any exterior walls of a building or structure.

3.

Any increase in the interior accommodations of a building or structure.

4.

Any changes in use resulting in moving a building from one lot to another or to a different Zoning District.

Altered. A building or structure shall be classified as altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of fifty percent (50%) of its value prior to the commencement of such repairs, renovation, remodeling, or rebuilding.

Animal Shelter. A non-profit (e.g., SPCA) or public organization providing shelter for small domestic animals.

Applicable District. That Zoning District in which a structure, subdivision or property is located or proposed to be located.

Applicant. A landowner, including his heirs, successors and assignees, or developer authorized to represent a property for which an application or application for development has been filed.

Application for Development or Application. Any application required to be filed and accepted prior to start of construction or development including, but not limited to, an application for a building, design review, or sign permit; for the approval of a subdivision plat or plan; or for the acceptance of a development plan.

Area of Shallow Flooding. A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Arterial Street. A highway or street of considerable continuity, providing direct and continuous connections to points along its route through various modes of transportation, interrupted only by major community destinations or topographical obstacles.

Articulation. In art and architecture, is first of all a joint. Expanding from that definition, articulation is also a method of styling the joints in the form of architectural design. Through degrees of articulation, each part is united with the whole work by means of a joint in such a way that the joined parts are put together in styles ranging from exceptionally distinct jointing to the opposite of high articulation-fluidity and continuity of joining. In highly articulated works, each part is defined precisely and stands out clearly. The articulation of a building reveals how the parts fit into the whole by emphasizing each part separately.

Assisted Living Facility. A permanent building, portion of a building, or a group of buildings in which room, Board, meals, laundry, and assistance with personal care and other services are provided for not less than twenty-four (24) hours in any week to a minimum of two ambulatory adults not related by blood or marriage to the owner and/or administrator and licensed by the State of Alabama.

Automotive Repair Service.

1.

Major Automotive Repair Service. A place of business engaged in the repair and maintenance of automobiles and light trucks including the sale, installation, and servicing of mechanical equipment and parts including painting, body work, upholstery work, fabrication of parts, or rebuilding of engines.

2.

Minor Automotive Repair Service. A place of business engaged in the repair and maintenance of automobiles and light trucks including the sale, installation, and servicing of mechanical equipment and parts but not including painting, body work, upholstery work, fabrication of parts, or rebuilding of engines.

Balcony. See "Deck".

Bar. A business serving alcoholic beverages, which may include accessory food and entertainment services.

Basement. A story partly or wholly underground. For purposes of height measurement a basement shall be counted as a story when more than one-half (1/2) of its height is above grade level.

Bed and Breakfast. A business where lodging and/or meals are provided incidental to a principal single-family dwelling, where no cooking or dining facilities are provided in individual rooms, and where the owner resides on the premises.

Best Management Practices, Stormwater. A collection of structural practices and vegetative measures which, when properly designated, installed and maintained, will provide effective erosion and sedimentation control for all rainfall events.

Block. A unit of land bounded by streets or a combination of streets, public land, public parks, cemeteries, railroad rights- of-way, watercourses, or any other barrier to the continuity of development.

Boarding House. Any building or portion thereof that contains not less than three (3) nor more than nine (9) guest rooms, which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation whether paid directly or indirectly, for a definite period of time longer than thirty (30) days and where an owner, manager, caretaker or supervisor resides on the premises.

Buffer. A landscaped strip of land provided between two or more properties, uses, or buildings to mitigate the incompatible characteristics of adjacent uses and/or buildings. Buffers may include berms, shrubs, trees, fences or walls, other screening devices, or a combination of such devices as required by this Ordinance.

Build-To Line. A line parallel to the front lot line establishing the furthest distance a building may be built from such lot line.

Building. Any structure attached to the ground, with walls or supports and a roof, with or without other parts, constructed or used for a shelter, housing, or enclosure of persons, animals, or chattels, or for a business, industry, or other public or private purpose, or accessory thereto, and including greenhouses, stables, garages, roadside stands, manufactured homes, manufactured homes, modular homes, and similar structures, whether stationary or movable, but excluding motor homes, recreational vehicles, campers, travel trailers, fences, walls, signs and awnings. Additions and features which are structurally essential and connected to the structure shall be considered as part of the structure within the meaning of this Zoning Ordinance.

Building Area. The portion of the lot occupied by the main building, accessory buildings, and other structures.

Building Code. The Code(s) adopted by the City, and as may be amended from time to time by the City Council, which governs the design and construction of buildings and structures, including fire, plumbing and electrical codes.

Building Height. The vertical distance measured from the finished grade level at the front of the building to the deck line for mansard roofs, to the uppermost point of the parapet wall for flat roofs, and to the average height between eaves and ridges for gable, hip, and gambrel roofs.

Building Line. The perimeter of that portion of a building or structure nearest a lot line, but excluding open steps, terraces, cornices, and other ornamental features projecting from the walls of the building or structure.

Building, Principal. A building, in which is conducted the principal use of the lot on which it is situated.

Business Support Service. A place of business that supplies support services primarily to business or professional offices or services, such as photocopy, computer, and office equipment, supplies and services.

Caliper. The trunk diameter of a tree measured six inches above grade level.

Caretaker Dwelling. A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises.

Cemetery. Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.

Certificate of Occupancy. A certificate issued by the Building Official, with approval of the Fire Marshall, upon completion of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations as provided herein and within all other applicable requirements, have been complied with.

City Fire Code or Fire Code. An ordinance adopted by the City providing standards for fire safety and as may be modified from time to time by the City Council.

Civic Use. A category of property use that includes serving a broad and general public interest to enhance daily community life for adjacent land owners and residents, which are typically run by a government entity, not-for-profit agency or association, religious or charitable institutions, or similar philanthropic organizations.

Clear Sight Distance. The area near intersections for proper lines of sight within which no visual obstructions may be placed, or when applied by this Ordinance to private property, the area near driveway access lanes or driveway aisles where the proper lines of sight are regulated.

Clear Sight Triangle. See "Sight Triangle, Clear".

Clinic. A building or portion of a building where patients are not lodged overnight, but are provided outpatient dental, vision, or medical examination and treatment.

Club, Private. A building or portion thereof or premises owned or operated by a corporation, association, person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Commercial Vehicle. Any motor vehicle licensed or required to be licensed by the state as a commercial vehicle.

Common Open Space. Any space dedicated for common use by a group of citizens due to property ownership, residency, or patronage of facilities associated with the open space, exclusive of rights-of-way and easements, and open from the ground to the sky. Common open space does not include any impervious surfaces designated for automobile use or any required yard or setback.

Community Center or Club. A building or portion thereof or premises owned or operated for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.

Condominium. A division of property or interest in property as defined by, created under and subject to the "Alabama Uniform Condominium Act of 1991" and subsequent amendments and revisions.

Conservation Easement. A voluntary agreement between a landowner and a municipal agency or qualified not-for-profit corporation to restrict the development, management, or use of the land in perpetuity or as otherwise defined by the terms of the easement.

Construction Service. A place of business engaged in construction activities, incidental storage, and wholesaling of building material (but not a home improvement center which also sells at retail), such as a building contractor, trade contractor, or wholesale building supplies store.

Convenience Store. A retail sales business, which specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use: video tape or DVD rental, preparation and sale of deli foods. A "Convenience Store" may also function as a "Gas Station".

Country Club. A recreational facility, usually restricted to members and their guests, which generally includes a clubhouse, dining and recreation facilities.

Covenant. A restriction upon the use of a property placed in a deed running with the land and enforced by private landowners or homeowner or condominium associations.

Day Care Center. A care facility, licensed by the State of Alabama Department of Human Resources, which receives more than six (6) children for care during only part of the day.

Day Care Home, Family. A care facility, licensed by the State of Alabama Department of Human Resources, which is a single-family dwelling and which receives children for care during only part of the day.

Deck. An extension of a building or dwelling unit attached at or below floor level and having no walls or roof; railings may be provided; includes the term "Balcony".

Dedication. The deliberate assignment of land by its owners for any general or public uses, reserving to themselves no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Deed. A legal document conveying ownership of real property.

Density. The number of dwelling units per acre of lot area.

1.

Gross Density. The number of dwelling units per acre of the total land to be developed.

2.

Net Density. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.

Design Capacity. The maximum number of persons that may be accommodated by a use as determined by its design and by the building code.

Developer. Any owner, agent of such owner or tenant with the written permission of such owner, who makes or causes to be made a land development.

Development. Any of the following activities:

1.

The improvement of one (1) lot or more abutting lots, tracts or parcels of land for any purpose involving:

a.

A group of two (2) or more residential or non-residential buildings, whether proposed initially or cumulatively, or a single non-residential building on a lot or lots regardless of the number of occupants or tenure; or

b.

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

2.

A subdivision of land.

3.

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

District or Zoning District. A section of the area zoned, within which the zoning regulations are uniform.

Donation Bin. A container or receptacle held out to the public as a place for people to drop off clothing or other items as donations to a charitable organization.

Driveway. A private drive providing access between a street or access drive and a parking or other vehicular use area.

Driveway Access Lane. The principal means of vehicular ingress and egress from the right-of-way to a lot.

Driveway Aisle. A vehicular circulation lane internal to a site exclusive of the ingress and egress from the right-of-way.

Dry Swale. A shallow storm water management facility designed to store or convey excess runoff in a large storm event for gradual evaporation and infiltration, but does not retain water in normal storm events or dry periods.

Dry Well. A cavity of sufficient size, filled to the surface with compacted rocks to allow water storage capacity.

Duplex. A building designed and arranged to provide separate sleeping, cooking and kitchen accommodations and toilet facilities for occupancy by two (2) families.

Dwelling. A building containing one (1) or more dwelling units used for residential purposes, but in the case of a building having two (2) or more portions divided by one (1) or more party walls forming a complete separation, each such portion shall be considered a separate dwelling.

1.

Dwelling, Multi-Family. A building or portion thereof designed for occupancy by three (3) or more families living independently of each other under one (1) roof.

2.

Dwelling, Single-Family. A building designed for or occupied exclusively by one (1) family and having only one (1) dwelling unit from the ground to roof and having independent outside access.

Dwelling, Duplex/Two Family. A detached building with only two dwelling units designed for and occupied by or for occupancy by two families.

Dwelling, Estate. A single-family dwelling unit located on a lot within a block that meets the standards of applicable subdivision regulations and the lot is at least one quarter (1/4) of the area of that block or three quarters (3/4) of an acre, whichever is larger.

Dwelling, Triplex. A building containing three (3) dwelling units, each of which has direct access to the outside or to a common hall.

Dwelling Unit. One (1) or more rooms located within a building and forming a single habitable unit with facilities, which are used or intended to be used for living, sleeping, cooking and eating purposes by not more than one (1) family.

Easement. A right granted by a landowner to a grantee, allowing for limited use of private land for a public or quasi-public or private purpose, and with which the property owner shall not have the right to make use of the land in a manner that violates the right of the grantee.

Education Facility. A place of general education for students beyond grade 12. It may include vocational training, continuing education, or education campuses.

Engineer. A professional engineer registered by the State of Alabama Board of Registration for Professional Engineers and Surveyors.

Entertainment. See also "Entertainment Venue".

1.

Indoor Entertainment. An entertainment venue providing spectator entertainment within an enclosed building, including movie theaters and playhouses; and art centers and similar indoor cultural facilities.

2.

Outdoor Entertainment. An entertainment venue providing spectator entertainment in open or partially enclosed or screened facilities, including amphitheaters, sports arenas, racing facilities, and amusement parks.

Entertainment Venue. A place where floor shows or other forms of entertainment by persons are provided for guests, which may include accessory dining, bar, and similar refreshment services. Examples include concert halls, dinner theaters, or banquet halls.

Entity. A person, association, firm, corporation, or organization of any kind.

Erect. To build, construct, reconstruct, move upon or any other physical operation on the premises required for development.

Expansion, Building. The addition of enclosed or unenclosed rooms or storage spaces, porches, structures or parking area to an existing building.

Expansion, Use. The increase in area of land or structure that serves a particular use.

Façade. The exterior wall of a building extending the entire width of a building elevation that faces a public street or any public way.

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. For purposes of this Ordinance, "family" shall not include any society, club, fraternity, sorority, association, lodge, federation, or like organizations; or any group of individuals who are in a group living arrangement. See also "Housekeeping Unit". For purposes of home occupations, family is defined as only those persons related by blood, marriage or adoption and using common cooking facilities within a single dwelling unit.

Farm.

1.

Raising of Crops. The tilling of soil, the raising of crops, horticulture and gardening and including the sale of crops or horticultural products incidental to the operation of a farm.

2.

Raising of Livestock. The keeping or raising of cattle, horses, swine, and/or fowl and including sale of such livestock and dairy products incidental to the operation of a farm.

Farming, Forestry. Operations involving the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or performing forest services, including temporary sawmills and chippers for cutting of timber growth on the same premises but excluding lumber yards, mills, and similar activities.

Farm Support Business. A commercial establishment engaged in the sale of farm support goods and services, including the following activities: the sale of feed, grains, fertilizers, pesticides, and similar farm support goods, the provision of warehousing and storage facilities for raw farm products, and the provision of veterinary services to large animals.

Fence. Any barrier of any material or combination of materials, other than a building, erected to enclose or screen areas of land or used as a means of protection, confinement or buffering. For the purposes of this Ordinance, the "Fence" includes the term "Wall", but does not include the term "Retaining Wall".

1.

Buffer Fence. A fence used toward fulfillment of the requirements of this Ordinance.

2.

Privacy Fence. A fence intended to provide a physical and visual barrier between common or public areas and a private area or use. Privacy fences are distinguished from other fences by their height and opaque design.

3.

Screen Fence. A fence used toward fulfillment of the requirements of this Ordinance.

Fixed Dwelling. A dwelling unit (or structure containing several units) attached to a permanent foundation.

Floodplain. An area adjacent to a watercourse, which area is subject to flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety and to property. Floodplains are identified by the National Flood Insurance Program.

Floodway. The area regulated by Federal, State, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated amount (not to exceed one foot (1') as set by the National Flood Insurance Program) within the one hundred (100) year floodplain.

Floor Area, Gross. The gross horizontal areas of all floors, measured from the exterior faces of the exterior walls of a building. Unfinished garages, basements and cellars are not included in the calculation of gross floor area.

Fowl. Winged animals other than household pets, including but not limited to, chickens, geese, and ducks, that are kept, bred or raised for commercial purposes. See also "Poultry".

Frontage.

1.

Frontage, Block. All the property on one side of a street between two intersecting streets measured along the right-of-way line of the street, or if the street is dead-ended, then all of the property on one (1) side between an intersecting street and the dead end of the street.

2.

Frontage, Building. The outside wall surface of a building, excluding porch or deck, nearest to the front lot line.

3.

Frontage, Lot. The width of a lot as measured along its front lot line.

Funeral Home (or Mortuary). A business establishment used for the preparation of deceased humans and ceremonies prior to burial or cremation.

Garage, Private. A building or part thereof designed and/or used for inside parking of motor vehicles by the occupants, patrons or other users of the principal structures on the premises.

Garage, Public. A building or part thereof designed or used for indoor or partially indoor (covered) parking of motor vehicles, operated as a commercial enterprise, accessory to a commercial enterprise, or as a governmental service and providing only incidental services for such vehicles.

Garden Center. Any retail sales of plants that require outdoor storage of merchandise at any time of the year. See also "Plant Nursery".

Gas Station. A business that includes gasoline sales and that may also include an automatic car wash function and retail sales of food, beverages, and sundries, but which does not include any automotive repair services, sales, or rental. A "Gas Station" that contains a minor automotive repair function is considered a "Service Station". A "Gas Station" may also function as a "Convenience Store".

General Merchandise. A retail business primarily engaged in the sale of merchandise for consumer use off of the premises. This use excludes any more specifically described use.

General Personal Services. Businesses or occupations that provide personal services involving personal grooming or care of a person's apparel including, but not limited to, barber shop or beauty salon or tanning salon, neighborhood self-serve laundry or dry cleaning pickup and receiving station, shoe repair, tailor, as well as other low-intensity uses such as branch post office or small package/mail shipping & receiving establishment, bank or other financial institutions, instructional art or handcrafted art studio, photography studio or film processing, small-scale personal printing or copy shops, small appliance repair, office support, or other similar services.

Grade Level. The average level of the finished ground surface adjacent to the exterior walls of the building.

Grading Plan. A map of a proposed development defining existing and proposed elevations, watercourses, vegetative cover and drainage patterns, including one foot (1') contours, spot elevations, and flow arrows. The plan also describes the limits and depths of excavations, fills and removal of native vegetation.

Greenway. An open space corridor that links urban, suburban, and rural communities to natural and scenic areas with a network of connected trails, walkways, and natural preservation areas.

Grocery. A retail business engaged primarily in the retail sale of food for home consumption, but may also include accessory sales of household products.

Gross Leasable Area. The total floor area for which the tenant pays rent and that is designed for the tenant's occupancy and exclusive use, including any basements and mezzanines.

Ground Cover. Natural (mulch) or low growing plants other than deciduous varieties installed to form a continuous cover over the ground.

Group Home. A non-profit or for-profit facility for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation.

Half Story. See "Story, Half".

Heritage Tree. See "Tree, Heritage".

Home Improvement Center. A place of business providing building, appliance, yard and garden materials, tools, and supplies at retail and wholesale.

Home Occupation. A business activity conducted in a dwelling unit, subordinate to the residential use of the dwelling unit. Home occupations do not necessarily include businesses conducted in designated live-work residences.

Homeowners Association. An incorporated, non-profit organization operating under recorded land agreements through which

1.

Each lot and/or home owner in a planned or other described land area is automatically a member, and

2.

Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and

3.

The charge if unpaid becomes a lien against the property.

Hospital. An establishment providing health service, medical and surgical care, and room and board to persons suffering from illness, disease, or injury, including supporting facilities such as laboratories, outpatient facilities, and training facilities.

Hotel. A building offering transient lodging accommodations to the general public and which may include other functions, such as restaurants, conference rooms, entertainment, personal services, and recreational facilities. "Hotels" are distinguished from "motels" in that hotel guest rooms are accessible from the interior of the building.

Housekeeping Unit or Single Housekeeping Unit. A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and facilities for the preparation and serving of food within the dwelling unit.

Improvements. Those physical additions and changes to the land that may be necessary to produce usable and desirable developments including but not limited to driveways, landscaping, streets, sidewalks, curbs and gutters, sewer, and storm water control facilities.

Institution. A nonprofit, religious, or public use, such as a religious building, library, public or private school, hospital, or government-owned or government-operated building, structure, or land used for public purpose. For the purposes of this Ordinance, institutional uses are further categorized as:

1.

High Intensity Institutional Use. Government buildings greater than twelve thousand five hundred (12,500) square feet; health institutions greater than fifty thousand (50,000) square feet; places of assembly greater than seven hundred fifty (750) seats; high schools, universities, colleges, junior colleges; other institutions greater than fifty thousand (50,000) square feet.

2.

Low Intensity Institutional Use. Civic, service, and fraternal organizations and cultural facilities up to ten thousand (10,000) square feet; day care centers; pre-schools; elementary schools; group homes with more than six (6) residents.

3.

Medium Intensity Institutional Use. Nursing homes; civic, service, and fraternal organizations and cultural facilities between ten thousand and fifty thousand (10,000—50,000) square feet; government buildings up to twelve thousand five hundred (12,500) square feet; health institutions up to fifty thousand (50,000) square feet; junior high and middle schools; places of assembly up to seven hundred fifty (750) seats; stadiums and arenas up to five thousand (5,000) seats; other institutions up to fifty thousand (50,000) square feet.

Interim Use. Any temporary use of land in any area of a planned development, which has been approved as a part of the Master Development Plan and criteria. An interim use can be any use and may or may not be a permitted use in the applicable District.

Intersection Sight Distance. The length of the line of sight between a motorist, stopped at an intersection, and the nearest intersection, driveway, alley or other signalized or non-signalized access point to the left or to the right of the motorist.

Junk. Materials including scrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste iron, steel and other old or scrap ferrous or non-ferrous material, including wrecked, scrapped, ruined, dismantled or junked motor vehicles or parts thereof.

Junk Yard or Salvage Yard. A structure or part thereof, land or lot where junk, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, accumulated, disassembled, or handled including vehicle wrecking yards, house wrecking, and structural steel materials and equipment. This definition shall not include properly licensed establishments for the sale, purchase, or storage, of usable second-hand goods or used cars in operable condition. Nor shall it apply to the processing of used, discarded, or salvaged materials as part of properly licensed manufacturing operations.

Kennel, Commercial. A place of business where dogs are boarded. No more than two of the dogs shall be used for breeding. The term is not intended to include an animal hospital or noncommercial kennel.

Kennel, Commercial Breeding. A place of business for the breeding and/or selling of dogs. The term is not intended to include an animal hospital or noncommercial kennel.

Kennel, Noncommercial. An establishment or premises where three or more dogs, over six months of age, are kept or maintained. No more than two of the dogs shall be used for breeding. The term does not include any animal hospital.

Landscape Architect. A landscape architect registered by the State of Alabama.

Landscaping. Treatment of grade with ground cover, shrubs, trees and other vegetation, and/or ornamentation.

1.

Building Landscaping. A landscaped strip between a building and its lot boundary or off-street parking area.

2.

Frontage Landscaping. A landscaped strip between off-street parking areas or buildings and adjacent public streets.

3.

Interior Landscaping. Landscaping within an off-street parking area.

4.

Perimeter Landscaping. A landscaped strip between an off-street parking area and abutting lots. Perimeter landscaping does not include landscaping between an off-street parking area and buildings on the same lot.

Laundromat. An establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public.

Laundry and Dry Cleaning, Dry Cleaner Establishment. A business engaged in cleaning clothes, fabrics, or upholstery on-site either by drop-off and pick-up by customers or through delivery services.

Laundry, Industrial. A service establishment primarily engaged in high volume laundry and garment services, including linen supply; diaper service; industrial laundries; and carpet and upholstery cleaners.

Library. An establishment offering educational resources and is open to the public.

Live-Work. A two-story or taller building designed to accommodate a business on the ground story and one single-family dwelling on the upper story. The business is owned and/or operated by the owner of the dwelling and therefore the building may be designed to accommodate interior access between the business space and the dwelling above.

Livestock. Animals of any kind, including fish and fowl, kept, bred or raised for commercial or other purposes, excluding house pets such as domestic cats and dogs, fish, fowl, and other similar animals kept for personal pleasure in accordance with regulations of the Madison County Health Department and applicable animal control authority of the applicable County.

Lodging. A use in which temporary living quarters are made available to the general public for compensation, including but not limited to hotels and motels.

Lot. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

1.

Corner Lot. A lot abutting upon two or more streets at their intersection or on two parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°).

2.

Flag Lot. A lot that does not meet the lot width requirements of its District within the normally required front yard setback.

3.

Interior Lot. Any lot which is not a corner lot.

4.

Reverse Frontage Lot. A through lot with vehicular access restricted to the street of lesser classification.

5.

Through Lot. A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.

Figure 2-1—Lot Types

Lot Area. The area contained within the lot lines of a lot, excluding any street right-of-way, but including the area of any easement.

Lot Depth. The average distance between the front and rear lot lines.

Lot Lines.

1.

Front Lot Line. A lot line separating a lot from the street on which it fronts. On corner lots and double-frontage lots, all lot lines abutting a street, shall be front lot lines.

2.

Rear Lot Line. A lot line, which is most distant from a front lot line. In the case of corner lots, the rear lot line shall be that lot line, other than a front lot line, that is shorter in dimension. For the purposes of determining rear yard setbacks on a lot where the side lot lines meet in a point, the "rear lot line" is assumed to be a line not less than ten feet (10') long drawn within the lot between the two side lot lines and parallel to the front lot line, and which is referred to as the "adjusted rear lot line".

3.

Side Lot Line. Any lot line, which is not a front or rear lot line.

Figure 2-2—Lot Lines

Figure 2-3—Lot Lines; Interior Lot

Figure 2-4—Lot Lines; Corner Lot

Lot Width. In the case of interior lots, the distance between the side lot lines. In the case of corner lots, the distance between the front lot line and the opposing lot line. Such distance shall be measured along a straight line, which is at right angles to the axis of the lot, and shall be measured at the front yard setback line. When a lot abuts on a curved street, the lot width is determined using the arc length.

Figure 2-5—Lot Width; Interior Lot

Figure 2-6—Lot Width; Corner Lot

Lot of Record. A lot that exists as shown on a deed or plat, which has been recorded in the Office of the Judge of Probate, Madison County, Alabama.

Lounge. A licensed establishment engaged in the preparation, sale, or serving of liquor for consumption on the premises, including taverns, bars, cocktail lounges, night clubs, private clubs, restaurant lounges, hotel or motel lounges, and similar uses where liquor consumption is a primary or incidental activity on the premises for the establishment. Not included within this definition are establishments that sell or serve only beer or wine as an incidental activity on the premises or establishments that sell liquor, beer, or wine in packages for off-premise consumption.

Maintenance Service. An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services to include incidental covered storage only.

Manufactured Home (or Mobile Home). A transportable, single-family dwelling, manufactured at a production facility and intended for permanent occupancy, contained in one (1) unit, or in two (2) or more units designed to be joined into one (1) integral unit capable of again being separated for towing, which arrives at a site complete and ready for occupancy except for minor or incidental assembly, which is constructed so that it may be used with or without a permanent foundation.

Manufactured Home Development (also Manufactured Home Park, or Mobile Home Park). A parcel of land under single management, which has been planned and improved for the rental or lease of lots and the provision of services for mobile homes, manufactured homes and/or non-adjacent use.

Manufactured (or Mobile) Home Space. A plot of ground within a manufactured home development designed for the accommodation of one manufactured home.

Manufacturing Facility. A business engaged in economic activity involving construction, production, processing, transformation, warehousing, wholesale, and disposal of goods, products, and component parts of goods and products, including related services.

1.

Food Processing. The preparation, storage or processing of food products on a large scale for wholesale. Examples of these activities include bakeries, dairies, canneries, and other similar activities or businesses.

2.

General. A business that transforms raw materials through mechanical, chemical or physical processes, into component parts or ingredients for subsequent use in light manufacturing or wholesale.

3.

Heavy. Mass production or extraction of raw materials for subsequent use in general or light manufacturing, including uses such as mining, quarrying, agricultural feed lots, and other potentially noxious uses.

4.

Light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products.

5.

Limited. Any small scale manufacturing use that has a retail or service component and which presents no outward, visible, or perceptible presence on manufacturing activity.

Master Development Plan. A plan required for the review and approval of a planned development, in which necessary information is provided sufficient for the Planning Commission, City Council and other reviewers to determine its compliance with the intents and requirements of the applicable provisions of this Ordinance.

Mixed Use. The co-location of residential uses with non-residential uses on one (1) lot or in one (1) building, as may be permitted within certain Districts within this Ordinance.

Mobile Home. See "Manufactured Home".

Modular Home. A building manufactured at a production facility, assembled at a building site, and constructed on a permanent foundation. A modular home is built and inspected in accordance with a national building code and in compliance with the provisions of Alabama Code (1975) Section 24-4A-4.

Motel. A building offering transient lodging accommodations to the general public and which may include other functions, such as restaurants, conference rooms, entertainment, personal services, and recreational facilities. "Motels" are distinguished from "Hotels" in that motel guest rooms are accessible from the exterior of the building.

Mulch. A material (pine straw, bark chips, wood chips, etc.) placed on the ground to stabilize soil, protect roots, limit weed growth and otherwise promote tree and shrub growth.

Neighborhood Retail. Retail uses that serve the daily and weekly needs of residents in surrounding neighborhoods and that are housed in buildings of a scale compatible with surrounding residential development. Such uses include but are not limited to delicatessens, small grocery stores, drug stores, convenience stores, hardware stores, clothing stores and jewelry stores. Neighborhood retail does not include appliance, furniture, gasoline or automotive sales.

Neighborhood Services. Service uses that serve the daily and weekly needs of residents in surrounding neighborhoods and that are housed in buildings of a scale compatible with surrounding residential development. Such uses include, but are not limited to, banks, dry cleaning pick-up stations, beauty salons, barber shops, shoe repair, alterations, and fitness centers. Neighborhood services do not include automotive repair services.

Nonconformities. An improvement, premises or use that does not conform to regulations of this Ordinance and/or other regulations of the City, but which lawfully existed prior to the effective date of such regulations.

1.

Nonconforming Improvements. Any improvements made to land not in conformance with the provisions of this Ordinance or other applicable regulations of the City. Improvements, which may be classified as nonconforming, include but are not limited: parking areas, driveways, lighting, sidewalks, buffers and screening, and other landscaping.

2.

Nonconforming Premises. A premises and/or building thereupon not meeting the applicable dimensional requirements of this Ordinance.

3.

Nonconforming Use. The use of any building or land which was lawful at the time of passage of this Ordinance or amendment thereto, but which use does not conform, after the passage of this Ordinance or amendment thereto, with the use regulations of the District in which it is situated.

Notice (to an Individual). Unless otherwise specified herein, notice to an individual may be accomplished by sending the notice to the last known address of the person or to the address listed in the tax records of the Tax Assessor of Madison County, Alabama by any of the following methods:

1.

Regular mail (U. S. Postal Service);

2.

Certified or registered mail (U. S. Postal Service);

3.

Personal service upon the individual;

4.

A private delivery service (PDS) designated by the U. S. Internal Revenue Service, included but not limited to DHL, FedEx or UPS.

Notice (to the Public). Unless otherwise specified herein, public notice of a hearing provides the date, time and place of the hearing at least two (2) weeks in advance of the hearing. Such notice may be accomplished by either

1.

Publication in a newspaper of general circulation in the City at least once per week for two (2) successive weeks prior to the hearing; or

2.

by posting notice in four (4) conspicuous places in the City.

Nursery School or Kindergarten. Any premises or portions thereof used for educational work or parental care of children of less than the age required for enrollment in the public school system. Nursery school or kindergarten includes every preschool, nursery school or kindergarten operated separate and apart from another school offering general education courses or from a place of worship. For purposes of this Ordinance, nursery schools or kindergartens operated in conjunction with and on the premises of any such school or place of worship shall be considered a part of such school or place of worship.

Nursing Home (or Convalescent Home). A business providing living accommodations, food and care for three or more persons, not of the same immediate family, suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital, and where non-resident staff is present for more than eight (8) hours per day, not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or infirm.

Office. A building or buildings used for administering the business of professional firms, organizations, or government, whose products or services are of the nature that generally do not involve the frequent and intensive interactions with clients, customers, or patrons on the premises, and where delivery of the product does not necessarily need to occur on the premises.

1.

General. Any building used for the administrative affairs of a firm, organization or government.

2.

Home Occupation. An operation for gain or support conducted only by members of a family residing on the premises limited in its use and not in a manner detrimental to the character of the surrounding neighborhood.

3.

Professional. A building occupied by a profession and offering professional services to clients, customers, or patrons which may involve occasional on-site contact with clients, customers or patrons. Examples include architect, accountant, real estate, engineer, lawyer, or other similar professions.

Open Space. Land, not covered by parking areas, rights-of-way or buildings other than recreational structures, pools and storm water facilities, which is landscaped or left in a natural state as required by the provisions of this Ordinance.

Open Space, Common. Open space within a development held in common ownership and maintained by a property owners' association of all residents for recreation, protection of natural land features, amenities or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this Ordinance to ensure that it remains in such use(s).

Open Space, Public. Any space dedicated for public use, exclusive of rights-of-way and easements, and open from the ground to the sky. Public open space does not include any impervious surfaces designated for automobile use.

Outdoor Sales, Limited. A retail use where a minor portion of the merchandise, both in area and in business value, is typically stored outside during business hours.

Outdoor Sales Lot. A retail use where a significant portion of the merchandise, either in area or in business value, is typically stored outside during business hours.

Patio. A level, landscaped, and/or surfaced area directly adjacent to a principal building near finished grade and not covered by a permanent roof.

Personal Service. A retail establishment providing services involving the care of a person, such as a barber shop, beauty shop, cosmetic studio, dry cleaning and laundry pick-up station, indoor exercise and fitness center, tanning salon, seamstress, tailor, shoe repair shop, key repair shop, travel agency, interior decorator, formal wear rental, and similar uses.

Personal Storage. A business offering separate storage areas leased or rented on an individual basis.

Place of Assembly. Buildings arranged for general assembly for civic, public, social or religious purposes, including banquet rooms, coliseums, community centers, civic centers, places of worship and similar uses.

Place of Worship. Building used for non-profit purposes by a recognized and legally established religious organization for purposes of worship.

Planned Unit Development. Land that is:

1.

One or more contiguous parcels under single ownership or unified control, to be planned and developed as a whole pursuant to Section 15 of this Ordinance;

2.

In a single development operation or approved programmed series of development operations, including all access, lands and buildings;

3.

Includes principal and accessory structures and uses substantially related to the character and purposes of the development itself and the surrounding area of which it will be a part;

4.

Developed according to comprehensive and detailed plans that include not only sewers, drainage, streets, utilities, lots and/or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used and related to each other;

5.

With detailed plans and a program for provision, operation, and maintenance of such areas, improvements, facilities, uses and services as will be used in common by some or all of the occupants of, or visitors to, the planned development on the land as related to the buildings, but will not be provided, operated, or maintained at general public expense.

Plant Nursery. Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale or wholesale on the premises including products used for gardening or landscaping. See also "Garden Center".

Plat. A map, plan or layout of a County, City, City Section or Subdivision indicating the location and boundaries of properties.

Porch. A roofed-over or open space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Poultry. Fowl normally raised as food such as chickens, ducks, geese, guineas and turkeys or for commercial uses such as peacocks. See also "Fowl".

Premises. A lot, parcel, tract or plot of land including all buildings, improvements and structures existing thereon.

Principal Use. The primary or predominant use of any lot, parcel, or structure.

Property Maintenance Code or City Property Maintenance Code. The International Property Maintenance Code as adopted by the City Council, as amended.

Public Hearing. A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

Public Facility. Buildings arranged for the purpose of providing public services, not otherwise listed in this Ordinance, including government offices, post offices, transit stations, police stations, fire and emergency service stations, civil defense operations, and similar uses.

Public Utility (or Public Utility Facility). Facility that provides public utility services to the public at large, including water and sewerage facilities, gas distribution facilities, electric transmission and distribution facilities, and cable transmission and distribution facilities.

Recreation.

1.

Active Recreation. Outdoor recreation that requires dedicated facilities and maintenance, such as swimming, organized sports, tennis and similar activities.

2.

Indoor Recreation Facility. A commercial establishment providing recreational or sports activities to participants within an enclosed building, including but not limited to, bowling alleys, billiard parlors, video game centers, ice and roller skating rinks, and other commercial indoor recreational and sports activities.

3.

Outdoor Recreation Facility. A commercial establishment providing recreation or sports activities to participants in open or partially enclosed or screened facilities, including driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and other commercial outdoor recreational and sports activities.

4.

Passive Recreation. Outdoor recreation that does not require significant maintenance or facilities, such as walking, hiking, picnicking, viewing, and environmental education activities. Passive recreation shall also include the impromptu use of an open space for non-organized sports activities or games.

Recreational Vehicle. A vehicle used for temporary housing of individuals and families during travel. This includes campers, camping trailers, motor homes and small mobile manufactured homes (up to a length of twenty-eight feet (28') exclusive of hitch) capable of being towed by a passenger motorcar.

Recreational Vehicle Park. A development providing rental spaces for recreational vehicles such as a trailer, camper, or motor home on a short-term basis, including accessory recreation and service facilities for the use of the tenants.

Remote Parking. A parking area not located on the same lot as the use for which the parking is provided.

Restaurant. An establishment where food and drink are prepared, served, and primarily consumed within the building where guests are seated and served.

Restaurant, Drive-Thru. An establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-through, or drive-in and may also include standard sit-down consumption.

Retail Business. Businesses that sell merchandise to consumers for use off premises.

Retaining Wall. A wall resisting the lateral displacement of soil or other materials to improve or control drainage and erosion.

Ridge Line. The intersection of two roof surfaces forming the highest horizontal line of the roof.

Right-of-Way. Land dedicated, reserved, used, or to be used for a public street, alley, walkway, drainage facility, or other public purpose.

Right-of-Way Line. The line that forms the boundary of a right-of-way, typically corresponding with the front lot line of abutting properties.

Runoff. The portion of rainfall, irrigation water and any other liquids that flows across ground surface and eventually is returned to streams.

Rural Market. A business for the retail sale of agricultural products produced on site and operated without any additional site facilities than are otherwise associated with agriculture use. Roadside stands, truck sales or barn sales are examples of such uses; however, the intensity and frequency of such sales shall be so that no additional parking, roads, structures, warehouses or other storage facilities are necessary on the site.

Salvage Yard. See "Junk or Salvage Yard".

School, Elementary. An education facility for grades K through 6 or K through 8 or 9.

School, Primary/Preschool. See "Nursery School or Kindergarten".

School, Secondary. An education facility for grades 8 or 9 through 12.

Septic Tank. See "Sewer, On-Site".

Service Business. A category of businesses that offer clients, customers, or patrons goods for consumption on the premises, or offer services for performance and delivery on the premises.

Service Station (or Automobile Service Station). Any building, structure, or land used primarily for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories but not including major work such as motor overhaul, body and fender repair or spray painting.

Setback. The distance between a building or structure and a lot line. See also "Yard".

Setback Line. A line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.

Sewer, On-Site. A septic tank or similar installations on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

Sewer, Public or Community. An approved sewage disposal system, which provides a collection network and disposal system and central sewage and treatment facility for a single community, development, or region.

Shopping Center. A group of retail and/or service establishments planned, constructed and managed as a single entity with common parking and driveway facilities.

Short-Term Rental. Includes any person, firm, entity, partnership, trust, corporation, association or organization that is renting a dwelling for less than thirty (30) days.

Shrub. A woody plant, generally multi- stemmed and smaller than a tree.

Sight Triangle, Clear. An area of unobstructed vision at a street intersection defined by a line of sight between points at a given distance from the intersection of the street centerlines. See also "Intersection Sight Distance".

Sign. Any building (walls, doors and windows), structure, device, fixture, display board, screen, cloth or other material that is directly painted on, designed using writing (letters, characters, words and numerals), graphics (drawings, emblems, illustrations, pictures, symbols and trademarks) flags (banners and pennants), light emitting devices, decorations or any combinations of the above and located to be visible and attract the attention of persons to make them aware of products, services, events or to communicate information of any kind to the public.

Site. Area of a lot occupied by a structure.

Special Exception. Permission granted by the Zoning Board of Adjustment for a use indicated in this Ordinance as a use limited to a special exception procedure, subject to conditions specified in this Ordinance and any conditions the Zoning Board deems necessary to ensure that community interests are furthered by permission of the use.

Stacking Space. A space intended for the queuing of vehicles to a drive-through window, fuel pump, ATM or similar standing point.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, Half. A space under a sloping roof in which space the possible floor area with headroom of five feet (5') or less contains at least forty percent (40%) of the total floor area of the story directly beneath it; or a building story that contains not more than fifty percent (50%) of the total floor area of the story directly beneath it.

Street. Any vehicular way that is

1.

An existing state, county, or municipal roadway;

2.

Shown upon a plat approved pursuant to law;

3.

Approved by other official action;

4.

Shown on a plat duly filed and recorded in the office of the applicable county tax assessor;

5.

Shown on the official map or adopted master plan.

It includes the land between the street lines, whether improved or not.

a.

Street, Access Drive. A private street providing access to a development from a street on which the development has only a very narrow street frontage.

b.

Street, Access Street. A minor street, which is parallel and in close proximity to a higher order street and that provides access to abutting properties. Also commonly referred to as a frontage road or service road.

c.

Street, Arterial. A street that distributes traffic to and from collectors. Arterials include U.S. Highway 431.

d.

Street, Collector. A street that collects traffic from local streets and connects with minor and major arterials. Collector streets include, but are not limited to, Acton Road, Altadena Road, Cahaba Heights Road, Cahaba River Road, Crosshaven Drive, Dolly Ridge Road, Green Valley Road, Massey Road, Rocky Ridge Road, Shades Crest Road, and Tyler Road.

e.

Street, Cul-de-Sac. A local street terminating in a vehicular turnaround at one end.

f.

Street, Local Street. A street used primarily to provide access to abutting properties.

Street Centerline. A line running parallel with the street right-of-way which is half the distance between the extreme edges of the official right-of-way width as surveyed, or where not surveyed, half the distance from the edges of pavement.

Structural Alterations. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but not limited to buildings, sheds, signs, billboards, or radio towers.

Subdivision. The division of a lot, tract, or parcel of land into two (2) or more lots, plans, sites or other division of land for the purpose, whether immediate or future, of sale or of building development. Such terms include resubdivision, and when appropriate to the context, relate to the process of subdivision or to the land or territory subdivided. It shall include all division of land involving the dedication of a new street or a change in existing street.

However, the following shall not be included within this definition or be subject to the requirements thereof:

1.

When property is divided by probated family estates;

2.

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved and the extension of public utilities are not required.

3.

The public acquisition by purchase of strips of land for widening or opening of streets.

4.

The sale or gift of one portion of a parcel of land where no street right-of-way dedication is involved.

Telecommunication Facilities. Any cables, wires, lines, wave guides, antennas, structures, and any other facilities or equipment associated with the transmission or reception of electronic communication located near or installed upon a tower or antenna support structure.

Temporary Building. Portable, mobile or transportable contractor's construction buildings, the use of which is incidental to construction operations being conducted on the same or adjoining lot or tract will be allowed with permit all Districts, provided they are not used as a dwelling.

Townhouse. A single-family dwelling unit attached in a row to a series of three or more other dwelling units by not more than two (2) vertical party walls, and where each unit maintains an individual entrance from the exterior of the building and is on its own lot.

Townhouse Complex. A group of attached dwelling units meeting the Townhouse definition, except that they are on a single lot.

Tree.

1.

Canopy Tree. A deciduous tree, usually single-trunked, with a defined crown of foliage, which attains a mature height of at least thirty feet (30').

2.

Understory Tree. A deciduous or evergreen tree which attains a mature height of no greater than thirty feet (30').

3.

Heritage Tree. Any live tree greater than or equal to twenty inches (20") in diameter at breast height (DBH). Breast height is established as the height of the trunk of a tree fifty-four inches (54") above grade.

Use. The purpose for which land or a building or other structure is designed, arranged, or intended or for which it is or may be occupied or maintained.

Variance. Relief or an adjustment to the literal requirements of this Ordinance granted pursuant to the provisions of Section 6. Variances are available only on appeal to the Board of Adjustment and subject to satisfaction of the standards specified in this Ordinance.

Vehicular Use Area. Any ground surface area, excepting public rights-of-way, used by any type of vehicle whether moving or at rest for the purpose of, driving, parking, loading, unloading, storage, or display, and other vehicular uses under, on, or within buildings.

Vehicle Wrecking Yard. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition.

Vertical Articulation. The articulation of the roofline of a building which provides varied heights and angles rather than a flat or uniform profile.

Visual Screen. A barrier of living or non-living landscape material, put in place for the purpose of separating and obscuring from view those areas so screened.

Waiver. Limited relief or adjustment to the literal requirements of this Ordinance granted by the Zoning Officer.

Wall.

1.

A vertical screen or barrier distinguished from a "fence" in its design and materials. See also "Fence".

2.

A vertical exterior or interior surface of a building.

Warehouse. A business where a major portion of the floor area is used for storage of goods, products, or parts for distribution at bulk retail or wholesale, or where the storage is a service provided for a fee.

Wholesale Establishment. Business establishments that generally sell commodities in large quantities or by the place to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

Wireless Facility. Equipment, physical plant and area of the property and/or building used to provide wireless services, including cables and wires, conduits, pedestals, antennas, towers, concealed structures, electronic devices, equipment buildings and cabinets, landscaping, fencing and screening, and parking areas. Also known as a cellular tower, cell site, or CMRS facility.

1.

Wireless Facility, Attached. Wireless facility incorporating an antenna mounted on an existing building, silo, smokestack, water tower, utility or power pole, or support structure other than an antenna tower.

2.

Wireless Facility, Concealed. Wireless facility incorporating an antenna with a support structure that screens or camouflages the presence of antennas and/or towers from public view, in a way appropriate to the site's context and surrounding environment. Examples of concealed antennas include manmade trees, clock towers, flagpoles, light structures, steeples, and similar objects.

Yard. An open space lying between the principal building and the nearest lot line.

1.

Front Yard. A yard extending the full width of the lot between any building and the front lot line and measured from perpendicular to the front building line.

2.

Rear Yard. A yard extending across the full width of the lot between the principal building and the rear lot line (or adjusted rear lot line) and measured perpendicular to the rear building line.

3.

Required Yard. The minimum required open space between a building or structure and the nearest lot line, unoccupied and unobstructed by any structure from the ground upward.

4.

Side Yard. A yard between the main building and the side lot line and extending from the front yard to the rear yard and measured perpendicular to the side building line.