Definitions
For the purpose of this Ordinance, certain terms used herein have the meanings defined by this Article. In the event a term is not listed in this Article or is not defined elsewhere in this Ordinance, the conventional meaning of the term applies.
Except as defined herein or in the City Subdivision Regulations, words used in this Ordinance have their customary dictionary definition.
The Zoning Official is authorized to determine the meaning of any undefined term for which the customary definition conflicts with its usage in this Ordinance.
In the interpretation of this Ordinance, the provisions of this §2.03 are observed and applied, except when the context clearly requires otherwise. Words used or defined in one tense or form include the other tenses and derivative forms. Words in the singular number include the plural number and words in the plural number include the singular. The masculine gender includes the feminine and the feminine gender the masculine. The word "person" includes an individual, firm, association, organization, partnership, trust, company or corporation.
1.
Abutting or Adjoining: Touching along a common side, boundary or property line. Two pieces of property that are separated by a right of way are "adjacent", but not "abutting" or "adjoining".
2.
Access: A way or means of approach to provide physical entrance to a property.
3.
Accessory structures: Any detached minor building consisting of masonry or frame walls and roof, one or two stories in height necessary as an adjunct to the use or occupancy of a principal or main structure. This does not include open structures such as pergolas and arbors.
4.
Accessory Use: A use of land or of a building or portion thereof commonly associated with and integrally related to the principal use of the land or building on the same lot.
5.
Addition: A structure added to the original structure at some time after completion of or after a Certificate of Occupancy has been issued for the original structure.
6.
Adjacent: Either abutting or on the opposite side of a street, right of way, or easement that separates it from the subject property. Properties separated by a railroad are not considered "adjacent".
7.
Alley: A travel way providing a means of access to abutting property but not intended for general traffic circulation.
8.
Alteration and altered:
a)
Any addition to the height, width or depth of a building or structure.
b)
Any change in the location of any of the exterior walls of a building or structure.
c)
Any increase in the interior accommodations of a building or structure.
Also, a building or structure is classified as altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of 60% of its value prior to the commencement of such repairs, renovation, remodeling or rebuilding.
9.
Animal Equivalent Unit: A unit of measurement to compare various animal types based upon equivalent forage needs or waste generation. Refer also to §6.01 Agricultural District.
10.
Applicable District: That zoning district in which a building, structure, property, or subdivision, for which a zoning application is submitted or permit is sought, is located.
11.
Applicant: A person submitting an application for development, a variance, administrative appeal, special exception or rezoning.
12.
Basement: A portion of a building located wholly or partially underground and having a floor-to-ceiling height of not less than 6.5 ft.
13.
Bedroom: A room marketed, designed or otherwise intended to function primarily for sleeping.
14.
Berm: A grass covered or landscaped mound of earth used to screen activities or uses.
15.
Block: A tract or parcel of land entirely surrounded by public streets other than alleys or a combination of streets, public land, public parks, cemeteries, railroad rights-of-way, bodies of water or watercourses, or any other barrier to the continuity of development.
16.
Block, Double-tiered: A residential block bounded on all sides by streets and within which lots front only on two of the surrounding streets. The corner lots of such blocks are considered "Single frontage corner lots".
17.
Board of Adjustment: The Board of Adjustment of Oxford, Alabama.
18.
Buffer: A strip of land that is landscaped to separate incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, and reducing glare. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls or earth berm.
19.
Building: Any structure having a roof supported by columns, or by walls, including tents, lunch wagons, dining cars, trailers and similar structures whether stationary or moving.
20.
Building, Principal: An enclosed structure designed to be used as a place of occupancy, storage or shelter and in which is conducted the principal use of the concerned lot.
21.
Building area: The portion of the lot occupied by the main building, accessory building and other structures.
22.
Building height: The vertical distance measured from grade level at the front lot line to the highest point of the roof if a flat roof, to deck line if a mansard roof; or to the mean height between eaves and ridge if a gable, hip, or gambrel roof. For buildings set back 15 ft or more from the front lot line, height is measured from grade level along the front building line.
23.
Building line, Front: A line extending across the width of a lot coincident with the front-most plane of the building.
24.
Building spacing: The minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, ornamental features, cornices and eaves.
25.
City: The City of Oxford, Alabama.
26.
Conditional Use: A use that would not generally be appropriate throughout a zoning district without restriction(s), but which, if controlled as to number, location, area, size, traffic, noise, lighting or other impacts, would not be detrimental to public health. Conditional uses require approval by the Commission. See §11.06.
27.
Council or City Council: The City Council of the City of Oxford, Alabama.
28.
Density: Lot area per dwelling unit or the number of dwelling units per acre of site area.
29.
Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, alteration, relocation or enlargement of a structure; any mining, dredging, filling, grading, paving, excavation, drilling or disturbance of land; and, any use or extension of the use of the land.
30.
Easement: Authorization by a property owner of the use of a designated part of their property by another for a specified purpose.
31.
Engineer: A professional engineer registered and in good standing with the Alabama Board of Engineers and Land Surveyors.
32.
Family: Any one of the following arrangements when living together in a dwelling as a single-housekeeping unit:
a)
An individual
b)
Two or more persons related by legal adoption, blood, or a licit marriage plus up to two unrelated individuals
c)
A group of not more than four unrelated persons.
33.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
34.
Floor area, Gross: The total area of a building measured using the outside dimensions of the building at each floor level intended for occupancy or storage.
35.
Grade level: For buildings, the average level of the finished grade at the front building line or front lot line (refer also to "Building Height"). For freestanding signs, trees, landscaping, and light fixtures, the level of finished grade at the base of the sign, tree, plant or fixture.
36.
Improvement: Any permanent item that becomes a part of, is placed upon or is affixed to real estate.
37.
Livestock: Animals kept for agricultural purposes including but not limited to cows, horses, goats, sheep, swine, ponies, chickens, turkeys, ducks, geese, quail and guineas.
38.
Lot: A parcel of land, in one ownership, used or set aside and available for use as the site of one or more buildings and accessory structures or for any other purpose.
39.
Lot of record: A lot that is part of a subdivision, the map or plat of which has been recorded in the office of the probate judge.
40.
Lot, Corner: A lot abutting two or more streets at their intersections or on two parts of the same street forming an interior angle of less than 135 degrees.
a)
Single frontage corner lot: A residential corner lot on a double-tiered block. A single-frontage corner lot has a primary front yard, abutting the front yard of the adjoining interior lot, and a narrower front yard along its secondary frontage.
41.
Lot, Flag: A parcel that does not meet the minimum lot width requirement at the minimum front yard setback but has direct access to a public street through a narrow strip of land (the flag) that is part of the same lot.
42.
Lot, Interior: A lot other than a corner lot.
43.
Lot, Reverse frontage: A through lot fronting on both a major street and a parallel, lesser street. Reverse frontage lots may be required to have access from the lesser street.
44.
Lot, Through: A lot that fronts on two streets that do not intersect at the boundaries of the lot.
45.
Lot area: The total area within the lot lines of a lot, excluding any rights-of-way.
46.
Lot frontage: The lot width measured at the front lot line.
47.
Lot line: A line bounding a lot, which divides it from another lot or from a street or from any other public or private place.
48.
Lot line, Front: The lot line separating a lot from a street right-of-way. In the case of standard corner lots, there is a primary and secondary front line. The shorter of the two is the primary front lot line. For all other corner lots, both lot lines are considered front lot lines.
49.
Lot line, Rear: That lot line which is parallel to and most distant from the front line. In the case of a triangular or irregularly shaped lot, a line 10 feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line.
50.
Lot line, Side: Any lot line other than a front lot line or a rear lot line.
51.
Lot width: The minimum distance measured between the side lot lines at the front building line. For corner lots, lot width is the distance measured between the side lot line and the opposite lot line.
52.
Manufactured home lot: A lot designed for the placement of a manufactured home in a manufactured home subdivision.
53.
Manufactured home space: A space designed for the placement of a manufactured home within a manufactured home park.
54.
Masonry: Clay brick, natural or cut stone, stucco, split-face concrete block, fiber cement siding (e.g., HardiePlank) and/or a combination of these. Stucco is only considered a masonry material when applied over a concrete masonry base or when using a three-step process over metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications.
55.
Nonconformities: Lawful uses of lots, structures or characteristics of uses, which, as a result of amendment to this Ordinance, no longer conform to all applicable zoning provisions.
56.
Nonresidential: Land uses including agricultural, institutional, commercial, lodging and industrial activities. Developments containing residential and nonresidential uses within the same development site are considered nonresidential uses.
57.
Open space, Common: Land area within a development that is held in common ownership and maintained by a property owner's association for all of the owners for recreation, protection of natural land features, amenities or buffers; is freely accessible to all owners of the development; and, is protected by the provisions of this Ordinance to insure that it remains in such uses.
58.
Owner: The person having the right and legal title to, beneficial interest in or a contractual right to purchase a lot or parcel of land, or their authorized designee.
59.
Perimeter: The boundaries or borders of a lot, tract or parcel of land.
60.
Planning Commission or Commission: The Planning Commission of the City of Oxford, Alabama.
61.
Premises: A lot, parcel, tract or plot or land together with the structures thereon.
62.
Property Line: The lot line or boundary line.
63.
Recreational vehicle: A vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and is designed primarily as a temporary living accommodation of recreational and camping purposes.
64.
Satellite dish antenna: A parabolic or dish-shaped antenna designed to receive television broadcasts relayed by signals from communications satellites.
65.
Screen: To visually shield or obscure a building, structure or use from adjacent property or public view by means of opaque fencing, walls, berm or densely planted vegetation.
66.
Site: Land intended to have one or more buildings or intended to be subdivided into one or more lots.
67.
Special exception: A use or characteristics of development that would not generally be appropriate in a zoning district without restriction, but which, if controlled as to number, area, location or relation to the area, would not be detrimental to public health, safety and general welfare. Special exceptions require approval of the Board of Adjustment. See §12.06.
68.
Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; or any portion of a building between the topmost floor and the roof, in which the floor area with eight ft or more of head clearance is equivalent to 50% or more of the floor are of the story next below. A top floor in which the floor area with eight ft or more of head clearance is less than 50% of the floor area of the story next below is considered a "half-story". A basement is considered as a story if its ceiling is more than five ft above grade level or if it is used for residential purposes other than for the janitor or domestic servant including the families of the same employed in the building.
69.
Street: A vehicular way dedicated for public use including all land within the right-of-way.
70.
Structure: A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above or below the surface of land or water. All buildings are structures but not all structures are buildings.
71.
Surveyor: A professional surveyor registered and in good standing with the Alabama Board of Engineers and Land Surveyors.
72.
Terrace: A level, landscaped or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.
73.
Tree, Canopy. A deciduous tree that reaches a mature height of at least 20 ft.
74.
Tree, Understory. A deciduous tree that reaches a mature height of at least 15 ft.
75.
Variance: A relaxation or waiver of the terms of this Ordinance (other than use provisions) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship.
76.
Yard: A minimum open area unobstructed from the ground up extending along a lot line and inward to the structure. The yard is measured as the shortest distance between the structure and the lot line.
a)
Front yard: A yard extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the front building line. Corner lots provide a front yard on both frontages. However, single frontage corner lots have a "primary front yard" and a narrower "secondary front yard" as provided in the district regulations.
b)
Rear yard: A yard extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
c)
Side yard: A yard extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
1.
Agriculture: The production, storage, keeping, harvesting, grading, packaging, processing, boarding or maintenance, for sale, lease, or personal use, of plants and animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and products; poultry and poultry products; the keeping, raising and breeding of livestock; bees and apiary products; fur animals; trees and forest products; fruits, nuts and vegetables; plants and flowers; or lands that are devoted to soil conservation or forestry management.
2.
Animal hospital: See "Veterinary Hospital."
3.
Animal shelter: A nonprofit or public organization providing shelter for small domestic animals.
4.
Assisted living facility: A 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 24 hours in any week to at least two ambulatory adults not related by blood or marriage to the owner and/or administrator and licensed by the State of Alabama.
5.
Bakery, Major: An establishment which bakes goods primarily for wholesale and/or retail and in which may include storage and distribution facilities.
6.
Bakery, Minor: An establishment, which bakes goods for on-premises retail sale only.
7.
Bank or financial institution: A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan institution, credit union, finance company and similar uses.
8.
Bed and breakfast: A detached single-family dwelling, or portion thereof, in which short-term lodging rooms and meals are provided. See §7.08.
9.
Boarding house: A detached single-family dwelling or part thereof in which, for compensation, lodging and meals are provided for no more than nine individuals.
10.
Broadcast studio: An establishment primarily engaged in broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms.
11.
Business support service: A business which supplies support services primarily to business establishments, such as sales of office equipment, supplies and services; cleaning services; computer and office equipment repair and similar services.
12.
Campground: A plot of ground on which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.
13.
Club: A group of people organized for a common purpose to pursue common goals, interests and activities and usually characterized by certain membership qualifications, payment of fees or dues, which holds regular meetings and has a constitution or by-laws.
14.
Commercial parking: Parking of motor vehicles on a temporary basis within a commercially-operated, off-street parking lot or garage.
15.
Commercial school: A private, gainful business providing instruction in arts, business, crafts, trades or professions.
16.
Cluster Development: A form of development that permits a reduction in dimensional requirements, provided there is no increase in the overall density of the development, and the remaining land area is devoted to open space, recreation, or preservation of environmentally sensitive areas. See §7.03.
17.
Construction service: A place of business engaged in construction activities and incidental storage as well as wholesaling of building materials (but not a retail home improvement center) such as a building contractor, trade contractor or wholesale building supply store.
18.
Convenience store: See "Retail, General."
19.
Country club: Land or buildings containing recreational facilities and clubhouse for private club members and their guests.
20.
Day care center: A licensed facility, that is not a dwelling, providing day care on a regular basis to more than six children, elderly, handicapped or infirmed persons who do not stay overnight at the facility. The term does not include: programs operated as part of public or private schools; programs operated on federal governmental premises; and special activities programs such as athletics, crafts, and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.
21.
Day care home: A single-family dwelling in which a permanent adult occupant thereof provides care for up to six children for only part of the day and which is duly licensed to operate as a day care home. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults, and do not reside on the site. Within this ordinance, day care homes are regulated separately from home occupations.
22.
Distribution center: See "Warehousing and Distribution."
23.
Drive-in theatre: See "Entertainment, Outdoor."
24.
Dwelling: Any building or portion thereof, which is designed and used for residential occupancy.
25.
Dwelling, Accessory: A dwelling located on the same lot of and that is subordinate to a detached, single-family dwelling. Accessory dwellings are commonly referred to as guest houses, carriage houses, garage apartments, or mother-in-law units. See §7.07.
26.
Dwelling, Caretaker: A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises.
27.
Dwelling, Multifamily: A building containing five or more dwelling units on a commonly shared lot.
28.
Dwelling, Duplex: A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.
29.
Dwelling, Multiplex: A building containing three to four dwelling units, each of which has direct access to the outside or to a common hall.
30.
Dwelling, Single-family (Detached): A building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.
31.
Dwelling, Townhouse: A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated by one or more vertical common fire-resistant walls.
32.
Dwelling unit: One or more rooms occupied as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
33.
Dwelling, Upper-story: A dwelling unit located on a floor above a nonresidential use.
34.
Entertainment, Indoor: A commercial establishment providing spectator entertainment within an enclosed building, including movie theaters, playhouses, concert halls, etc.
35.
Entertainment, Outdoor: An establishment providing spectator entertainment in open or partially enclosed or screened facilities, including sports arenas, racing tracks, drive-in theaters, amusement parks, etc.
36.
Farm: Land used primarily for agricultural purposes.
37.
Farm support business: A commercial establishment engaged in the sale of farm support goods and services, including but not limited to the following: 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 farm animals. Does not include the sale of tractors or other farm vehicles and similar equipment.
38.
Flea Market: See "Retail, General, Unenclosed."
39.
Funeral Home: A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
40.
Garden center or Nursery: The growing, cultivation storage and sale of garden plants, trees, flowers, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.
41.
Garden Home: A single-family detached dwelling with a lot and yard sizes meeting the requirements of the GH District or, in the case of planned development or cluster development, the requirements established under the approved Master Development.
42.
Gas station: A commercial establishment involving the retail dispensing of automotive fuels. Gas stations that provide vehicle repair services are classified as either "Vehicle repair, Major" or "Vehicle repair, Minor."
43.
Grocery store. See "Retail, General."
44.
Group Home: A dwelling for the sheltered care of 10 persons unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, which, in addition to providing food and shelter, my also provide some combination of personal care, social or counseling services, and transportation.
a)
Transitional Care Home: A group home whose purpose is to provide a protective living environment to victims of crime or abuse, persons recovering from drug or alcohol addiction, homeless persons, and those reentering society through prerelease, work release or probationary programs.
b)
Family Care Home: A group home whose purpose is to serve physically or mentally impaired persons in a family-type living arrangement, and which meet the requirements of Section 11-52-75.1 Regulations as to housing of mentally retarded or mentally ill persons in multi-family zones, Code of Alabama, 1975 as amended.
45.
Heavy industry: Industries including but not limited to meat or poultry processing, slaughterhouse, the storage or manufacturing of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature.
46.
Home improvement center: A place of business providing building, yard and garden materials, appliances, tools and supplies at retail or wholesale.
47.
Home occupation: A business, profession, occupation or trade conducted for gain or support as an incidental activity within a dwelling. See also §7.04.
48.
Hospital: An establishment providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.
49.
Hotel: An establishment providing sleeping accommodations for transients, in which lodging rooms are accessed from the interior of the building. Hotels may also include, as an incidental use, a liquor lounge.
50.
Independent living facility: A multifamily residential facility for the elderly. These facilities may provide meals and other services such as housekeeping, linen service, transportation, and social and recreational activities. Such facilities do not provide, in a majority of the units, assistance with activities of daily living such as supervision of medication, bathing, dressing, toileting, etc.
51.
Institutional uses: Structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. This does not include institutional facilities in which principal functions on the site involve garages, repair or storage yards, or warehouses. For the purposes of this Ordinance, institutional uses are categorized as follows:
a)
Low intensity institutional uses: places of assembly up to 150 seats; day care centers; group care homes; nursing care facilities and other homes for the aged up to 10,000 sf.
b)
Medium intensity institutional uses: government buildings up to 12,500 sf; health institutions up to 35,000 sf; elementary and junior high/middle schools; places of assembly up to 300 seats; stadiums and arenas up to 3,000 seats; other institutions up to 35,000 sf.
c)
High intensity institutional uses: government buildings greater than 12,500 sf; health institutions greater than 35,000 sf; places of assembly greater than 300 seats; high schools, universities, colleges, junior colleges; other institutions greater than 35,000 sf.
52.
Kennel: An establishment in which domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for compensation.
53.
Laundering plant: An establishment primarily engaged in high volume laundry and garment services, including commercial and industrial laundries; garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners, but excluding laundromats and dry cleaning pick-up stations without dry cleaning equipment.
54.
Laundry services: Laundromat, laundry and dry cleaning pick-up stations, dryer, and clothing storage, but excluding laundering, dry cleaning, and dyeing plants.
55.
Liquor lounge: A licensed establishment engaged in the preparation, sale or serving of liquor for consumption on the premises only. This includes but is not limited to the following terms: taverns, bars, cocktail lounges, nightclubs and similar uses where liquor sales and consumption occur on the premises.
56.
Livestock sales: The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse or cattle auctions and similar activities.
57.
Maintenance service: An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscaping services, window cleaning services, office cleaning services and similar uses.
58.
Manufactured homes:
a)
Class A manufactured home: A "double-wide" manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction and where the manufactured home has a length not exceeding four times its width.
b)
Class B manufactured home: A "single-wide" manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction.
c)
Class C manufactured home: A manufactured home built before 1976 that does not meet the definition of a Class A or Class B Manufactured Home. Class C manufactured homes are not allowed in the City, except as lawful nonconformities.
59.
Manufactured home park: Land used or designed as a manufactured home community containing multiple spaces for rent or lease.
60.
Manufactured home subdivision: A subdivision designed and intended for the siting of Class A Manufactured Homes.
61.
Manufacturing, General: The basic processing and manufacturing of materials or products predominately from extracted or raw materials and the incidental storage, sale and distribution of such products.
62.
Manufacturing, Light: The manufacture, predominately from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment and packing of such products and the incidental storage, sale and distribution of such products
63.
Medical clinic: A facility providing medical, psychiatric or surgical services for sick or injured persons exclusively on an out-patient basis.
64.
Medical support service: A place of business, which supplies medical support services to individuals, medical practitioners, clinics and hospitals, including but not limited to a pharmacy, medical and surgical supply store, and an optician.
65.
Mini-warehouse: A structure group of structures partitioned for leasing of individual storage spaces and is exclusively used for the storage of non-volatile, non-toxic and non-explosive materials.
66.
Mixed use or Mixed use development: The combination of a residential use with commercial and/or lodging uses on the same site or within the same building.
67.
Modular Home: A structure designed for use as a single-family detached dwelling manufactured off-site and assembled on-site by a licensed contractor, all in accordance with the local or state building code.
68.
Motel: An establishment providing sleeping accommodations for transients, in which lodging rooms are accessed from the exterior of the building. Motels may also include, as an incidental use, a liquor lounge.
69.
Office, Business or Professional: A room or group of rooms used for conducting the affairs of a business, profession, service, or industry and generally furnished with desks, tables and communications equipment.
70.
Outdoor storage: The keeping, in an unenclosed area, of any goods, materials, merchandise, products or vehicles in the same place for more than 48 hours.
71.
Park: Publicly-owned and operated parks, playgrounds, recreation facilities and open spaces. Parks owned and operated by a property owners association are referred to as "Common Open Spaces."
72.
Parking, Commercial: A parking area accessible to the public for a fee and not accessory to a use on the same premises.
73.
Parking, Nonresidential: A parking area serving a nonresidential use, which may or may not be located on the same premises.
74.
Personal service: An establishment primarily engaged in providing services involving the care of a person or their personal goods or apparel.
75.
Place of assembly: A facility used for and providing religious, fraternal, recreational, social, educational or cultural activities.
76.
Printing establishment, Minor: Blue printing, copying, printing, engraving or other reproduction services with 2,500 sf or less of floor space.
77.
Printing establishment, Major: Blue printing, copying, printing, engraving or other reproduction services with no limit on floor space/area.
78.
Public facility: Buildings providing public services, not otherwise defined in this Section, including government offices, post offices, museums, libraries, transit stations, police and fire stations, emergency service stations, civil defense operations and similar uses.
79.
Public utility facility: A facility that provides public utility services to the public at large, including water and sewer, gas distribution, electric transmission and distribution, and cable transmission and distribution facilities.
80.
Recreation: A commercial establishment providing recreational or sports activities to participants, including bowling alleys, billiard parlors, video game centers, ice and roller skating rinks, driving ranges, miniature golf courses, conventional golf courses, swimming pools, tennis courts and other commercial recreational and sports activities.
81.
Recycling center: Land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
82.
Recycling plant: A facility, other than a junkyard, in which recoverable resources, such as newspapers, magazines, books and other paper products; glass, metal cans and other products are recycled, reprocessed and treated to return such products to a condition in which they may be used again in new products.
83.
Research laboratory: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
84.
Resource extraction: The removal of soil, sand, stone, chert, clay, gravel, limestone, or other minerals or similar materials, for commercial purposes, including quarries, sand and gravel operations, gas extraction, and mining operations, and the loading, sizing, crushing, and processing of such materials, and the incidental storage, sale and distribution of such materials.
85.
Restaurant, Fast food: An establishment where food and drink are rapidly prepared for drive-through or drive-in service.
86.
Restaurant, Standard: An establishment where food and drink are prepared, served and primarily consumed within the building where patrons are seated and served.
87.
Restaurant, Take-out only: An establishment where food and drink are prepared and served for consumption off-premises only.
88.
Retail, General:
a)
General retail, Enclosed: Retail sales of goods and services conducted fully or primarily within a building, including, but not limited to; food sales, department stores, clothing stores, home furnishings, appliance stores, automobile parts and supply stores, video rental, gift shops, florist shops, hardware stores, specialty shops, jewelry stores, variety stores, sporting goods stores, antique shops, auction houses and similar retail activities.
b)
General retail, Unenclosed: Retail sales of goods and services conducted primarily (more than 50% of total sales area is unenclosed) or fully outside of a building, including but not limited to outdoor sales, flea markets, and similar activities. "Vehicle sales" is separately defined and regulated.
89.
Rooming house: See "Boarding House."
90.
Sanitary landfill: A State-approved site for solid waste disposal employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day.
91.
School: A public or nonprofit primary or secondary school. Does not include "Commercial school" or "College."
92.
Shopping center: A group of commercial establishments located on a lot planned and developed in a unified manner and design with shared parking and driveway facilities and under a common ownership or management authority.
93.
Stable: An accessory structure in which horses are kept for private or commercial use.
94.
Studio: A place of work for an artist, photographer or craftsman, including instruction, display, production and retail sales of materials produced on the premises.
95.
Truck stop: An establishment involving the maintenance, servicing, storage or repair of commercial vehicles; the retail dispensing of motor vehicle fuels; and the sale of accessories or equipment for trucks and similar commercial vehicles. Truck stops may include overnight accommodations or dining.
96.
Truck terminal: A premises on which trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
97.
Vehicle and equipment sales, rental and service: An establishment engaged in the sale or rental of heavy trucks (over one ton), construction equipment, tractors farm implements and similar equipment, including the storage, maintenance and servicing of such vehicles and equipment.
98.
Vehicle repair, Major: An establishment engaged in the repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities all of which is performed entirely within an enclosed building.
99.
Vehicle repair, Minor: An establishment engaged in sales, installation, and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/or replacement and similar activities.
100.
Vehicle sales or rental: An establishment engaged in the sale or rental of automobiles, light trucks, recreational vehicles, boats, motorcycles, including the incidental parking, storage, maintenance, servicing and repair of such vehicles.
101.
Veterinary hospital: A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
102.
Warehousing and distribution: An establishment engaged in the receipt, storage, and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle, excluding any retail sales, assembly, or product processing.
103.
Wholesaling establishment: An establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
104.
Wrecking or Junk yard: A lot or structure or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.
Definitions
For the purpose of this Ordinance, certain terms used herein have the meanings defined by this Article. In the event a term is not listed in this Article or is not defined elsewhere in this Ordinance, the conventional meaning of the term applies.
Except as defined herein or in the City Subdivision Regulations, words used in this Ordinance have their customary dictionary definition.
The Zoning Official is authorized to determine the meaning of any undefined term for which the customary definition conflicts with its usage in this Ordinance.
In the interpretation of this Ordinance, the provisions of this §2.03 are observed and applied, except when the context clearly requires otherwise. Words used or defined in one tense or form include the other tenses and derivative forms. Words in the singular number include the plural number and words in the plural number include the singular. The masculine gender includes the feminine and the feminine gender the masculine. The word "person" includes an individual, firm, association, organization, partnership, trust, company or corporation.
1.
Abutting or Adjoining: Touching along a common side, boundary or property line. Two pieces of property that are separated by a right of way are "adjacent", but not "abutting" or "adjoining".
2.
Access: A way or means of approach to provide physical entrance to a property.
3.
Accessory structures: Any detached minor building consisting of masonry or frame walls and roof, one or two stories in height necessary as an adjunct to the use or occupancy of a principal or main structure. This does not include open structures such as pergolas and arbors.
4.
Accessory Use: A use of land or of a building or portion thereof commonly associated with and integrally related to the principal use of the land or building on the same lot.
5.
Addition: A structure added to the original structure at some time after completion of or after a Certificate of Occupancy has been issued for the original structure.
6.
Adjacent: Either abutting or on the opposite side of a street, right of way, or easement that separates it from the subject property. Properties separated by a railroad are not considered "adjacent".
7.
Alley: A travel way providing a means of access to abutting property but not intended for general traffic circulation.
8.
Alteration and altered:
a)
Any addition to the height, width or depth of a building or structure.
b)
Any change in the location of any of the exterior walls of a building or structure.
c)
Any increase in the interior accommodations of a building or structure.
Also, a building or structure is classified as altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of 60% of its value prior to the commencement of such repairs, renovation, remodeling or rebuilding.
9.
Animal Equivalent Unit: A unit of measurement to compare various animal types based upon equivalent forage needs or waste generation. Refer also to §6.01 Agricultural District.
10.
Applicable District: That zoning district in which a building, structure, property, or subdivision, for which a zoning application is submitted or permit is sought, is located.
11.
Applicant: A person submitting an application for development, a variance, administrative appeal, special exception or rezoning.
12.
Basement: A portion of a building located wholly or partially underground and having a floor-to-ceiling height of not less than 6.5 ft.
13.
Bedroom: A room marketed, designed or otherwise intended to function primarily for sleeping.
14.
Berm: A grass covered or landscaped mound of earth used to screen activities or uses.
15.
Block: A tract or parcel of land entirely surrounded by public streets other than alleys or a combination of streets, public land, public parks, cemeteries, railroad rights-of-way, bodies of water or watercourses, or any other barrier to the continuity of development.
16.
Block, Double-tiered: A residential block bounded on all sides by streets and within which lots front only on two of the surrounding streets. The corner lots of such blocks are considered "Single frontage corner lots".
17.
Board of Adjustment: The Board of Adjustment of Oxford, Alabama.
18.
Buffer: A strip of land that is landscaped to separate incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, and reducing glare. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls or earth berm.
19.
Building: Any structure having a roof supported by columns, or by walls, including tents, lunch wagons, dining cars, trailers and similar structures whether stationary or moving.
20.
Building, Principal: An enclosed structure designed to be used as a place of occupancy, storage or shelter and in which is conducted the principal use of the concerned lot.
21.
Building area: The portion of the lot occupied by the main building, accessory building and other structures.
22.
Building height: The vertical distance measured from grade level at the front lot line to the highest point of the roof if a flat roof, to deck line if a mansard roof; or to the mean height between eaves and ridge if a gable, hip, or gambrel roof. For buildings set back 15 ft or more from the front lot line, height is measured from grade level along the front building line.
23.
Building line, Front: A line extending across the width of a lot coincident with the front-most plane of the building.
24.
Building spacing: The minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, ornamental features, cornices and eaves.
25.
City: The City of Oxford, Alabama.
26.
Conditional Use: A use that would not generally be appropriate throughout a zoning district without restriction(s), but which, if controlled as to number, location, area, size, traffic, noise, lighting or other impacts, would not be detrimental to public health. Conditional uses require approval by the Commission. See §11.06.
27.
Council or City Council: The City Council of the City of Oxford, Alabama.
28.
Density: Lot area per dwelling unit or the number of dwelling units per acre of site area.
29.
Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, alteration, relocation or enlargement of a structure; any mining, dredging, filling, grading, paving, excavation, drilling or disturbance of land; and, any use or extension of the use of the land.
30.
Easement: Authorization by a property owner of the use of a designated part of their property by another for a specified purpose.
31.
Engineer: A professional engineer registered and in good standing with the Alabama Board of Engineers and Land Surveyors.
32.
Family: Any one of the following arrangements when living together in a dwelling as a single-housekeeping unit:
a)
An individual
b)
Two or more persons related by legal adoption, blood, or a licit marriage plus up to two unrelated individuals
c)
A group of not more than four unrelated persons.
33.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
34.
Floor area, Gross: The total area of a building measured using the outside dimensions of the building at each floor level intended for occupancy or storage.
35.
Grade level: For buildings, the average level of the finished grade at the front building line or front lot line (refer also to "Building Height"). For freestanding signs, trees, landscaping, and light fixtures, the level of finished grade at the base of the sign, tree, plant or fixture.
36.
Improvement: Any permanent item that becomes a part of, is placed upon or is affixed to real estate.
37.
Livestock: Animals kept for agricultural purposes including but not limited to cows, horses, goats, sheep, swine, ponies, chickens, turkeys, ducks, geese, quail and guineas.
38.
Lot: A parcel of land, in one ownership, used or set aside and available for use as the site of one or more buildings and accessory structures or for any other purpose.
39.
Lot of record: A lot that is part of a subdivision, the map or plat of which has been recorded in the office of the probate judge.
40.
Lot, Corner: A lot abutting two or more streets at their intersections or on two parts of the same street forming an interior angle of less than 135 degrees.
a)
Single frontage corner lot: A residential corner lot on a double-tiered block. A single-frontage corner lot has a primary front yard, abutting the front yard of the adjoining interior lot, and a narrower front yard along its secondary frontage.
41.
Lot, Flag: A parcel that does not meet the minimum lot width requirement at the minimum front yard setback but has direct access to a public street through a narrow strip of land (the flag) that is part of the same lot.
42.
Lot, Interior: A lot other than a corner lot.
43.
Lot, Reverse frontage: A through lot fronting on both a major street and a parallel, lesser street. Reverse frontage lots may be required to have access from the lesser street.
44.
Lot, Through: A lot that fronts on two streets that do not intersect at the boundaries of the lot.
45.
Lot area: The total area within the lot lines of a lot, excluding any rights-of-way.
46.
Lot frontage: The lot width measured at the front lot line.
47.
Lot line: A line bounding a lot, which divides it from another lot or from a street or from any other public or private place.
48.
Lot line, Front: The lot line separating a lot from a street right-of-way. In the case of standard corner lots, there is a primary and secondary front line. The shorter of the two is the primary front lot line. For all other corner lots, both lot lines are considered front lot lines.
49.
Lot line, Rear: That lot line which is parallel to and most distant from the front line. In the case of a triangular or irregularly shaped lot, a line 10 feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line.
50.
Lot line, Side: Any lot line other than a front lot line or a rear lot line.
51.
Lot width: The minimum distance measured between the side lot lines at the front building line. For corner lots, lot width is the distance measured between the side lot line and the opposite lot line.
52.
Manufactured home lot: A lot designed for the placement of a manufactured home in a manufactured home subdivision.
53.
Manufactured home space: A space designed for the placement of a manufactured home within a manufactured home park.
54.
Masonry: Clay brick, natural or cut stone, stucco, split-face concrete block, fiber cement siding (e.g., HardiePlank) and/or a combination of these. Stucco is only considered a masonry material when applied over a concrete masonry base or when using a three-step process over metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications.
55.
Nonconformities: Lawful uses of lots, structures or characteristics of uses, which, as a result of amendment to this Ordinance, no longer conform to all applicable zoning provisions.
56.
Nonresidential: Land uses including agricultural, institutional, commercial, lodging and industrial activities. Developments containing residential and nonresidential uses within the same development site are considered nonresidential uses.
57.
Open space, Common: Land area within a development that is held in common ownership and maintained by a property owner's association for all of the owners for recreation, protection of natural land features, amenities or buffers; is freely accessible to all owners of the development; and, is protected by the provisions of this Ordinance to insure that it remains in such uses.
58.
Owner: The person having the right and legal title to, beneficial interest in or a contractual right to purchase a lot or parcel of land, or their authorized designee.
59.
Perimeter: The boundaries or borders of a lot, tract or parcel of land.
60.
Planning Commission or Commission: The Planning Commission of the City of Oxford, Alabama.
61.
Premises: A lot, parcel, tract or plot or land together with the structures thereon.
62.
Property Line: The lot line or boundary line.
63.
Recreational vehicle: A vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and is designed primarily as a temporary living accommodation of recreational and camping purposes.
64.
Satellite dish antenna: A parabolic or dish-shaped antenna designed to receive television broadcasts relayed by signals from communications satellites.
65.
Screen: To visually shield or obscure a building, structure or use from adjacent property or public view by means of opaque fencing, walls, berm or densely planted vegetation.
66.
Site: Land intended to have one or more buildings or intended to be subdivided into one or more lots.
67.
Special exception: A use or characteristics of development that would not generally be appropriate in a zoning district without restriction, but which, if controlled as to number, area, location or relation to the area, would not be detrimental to public health, safety and general welfare. Special exceptions require approval of the Board of Adjustment. See §12.06.
68.
Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; or any portion of a building between the topmost floor and the roof, in which the floor area with eight ft or more of head clearance is equivalent to 50% or more of the floor are of the story next below. A top floor in which the floor area with eight ft or more of head clearance is less than 50% of the floor area of the story next below is considered a "half-story". A basement is considered as a story if its ceiling is more than five ft above grade level or if it is used for residential purposes other than for the janitor or domestic servant including the families of the same employed in the building.
69.
Street: A vehicular way dedicated for public use including all land within the right-of-way.
70.
Structure: A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above or below the surface of land or water. All buildings are structures but not all structures are buildings.
71.
Surveyor: A professional surveyor registered and in good standing with the Alabama Board of Engineers and Land Surveyors.
72.
Terrace: A level, landscaped or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.
73.
Tree, Canopy. A deciduous tree that reaches a mature height of at least 20 ft.
74.
Tree, Understory. A deciduous tree that reaches a mature height of at least 15 ft.
75.
Variance: A relaxation or waiver of the terms of this Ordinance (other than use provisions) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship.
76.
Yard: A minimum open area unobstructed from the ground up extending along a lot line and inward to the structure. The yard is measured as the shortest distance between the structure and the lot line.
a)
Front yard: A yard extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the front building line. Corner lots provide a front yard on both frontages. However, single frontage corner lots have a "primary front yard" and a narrower "secondary front yard" as provided in the district regulations.
b)
Rear yard: A yard extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
c)
Side yard: A yard extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
1.
Agriculture: The production, storage, keeping, harvesting, grading, packaging, processing, boarding or maintenance, for sale, lease, or personal use, of plants and animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and products; poultry and poultry products; the keeping, raising and breeding of livestock; bees and apiary products; fur animals; trees and forest products; fruits, nuts and vegetables; plants and flowers; or lands that are devoted to soil conservation or forestry management.
2.
Animal hospital: See "Veterinary Hospital."
3.
Animal shelter: A nonprofit or public organization providing shelter for small domestic animals.
4.
Assisted living facility: A 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 24 hours in any week to at least two ambulatory adults not related by blood or marriage to the owner and/or administrator and licensed by the State of Alabama.
5.
Bakery, Major: An establishment which bakes goods primarily for wholesale and/or retail and in which may include storage and distribution facilities.
6.
Bakery, Minor: An establishment, which bakes goods for on-premises retail sale only.
7.
Bank or financial institution: A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan institution, credit union, finance company and similar uses.
8.
Bed and breakfast: A detached single-family dwelling, or portion thereof, in which short-term lodging rooms and meals are provided. See §7.08.
9.
Boarding house: A detached single-family dwelling or part thereof in which, for compensation, lodging and meals are provided for no more than nine individuals.
10.
Broadcast studio: An establishment primarily engaged in broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms.
11.
Business support service: A business which supplies support services primarily to business establishments, such as sales of office equipment, supplies and services; cleaning services; computer and office equipment repair and similar services.
12.
Campground: A plot of ground on which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.
13.
Club: A group of people organized for a common purpose to pursue common goals, interests and activities and usually characterized by certain membership qualifications, payment of fees or dues, which holds regular meetings and has a constitution or by-laws.
14.
Commercial parking: Parking of motor vehicles on a temporary basis within a commercially-operated, off-street parking lot or garage.
15.
Commercial school: A private, gainful business providing instruction in arts, business, crafts, trades or professions.
16.
Cluster Development: A form of development that permits a reduction in dimensional requirements, provided there is no increase in the overall density of the development, and the remaining land area is devoted to open space, recreation, or preservation of environmentally sensitive areas. See §7.03.
17.
Construction service: A place of business engaged in construction activities and incidental storage as well as wholesaling of building materials (but not a retail home improvement center) such as a building contractor, trade contractor or wholesale building supply store.
18.
Convenience store: See "Retail, General."
19.
Country club: Land or buildings containing recreational facilities and clubhouse for private club members and their guests.
20.
Day care center: A licensed facility, that is not a dwelling, providing day care on a regular basis to more than six children, elderly, handicapped or infirmed persons who do not stay overnight at the facility. The term does not include: programs operated as part of public or private schools; programs operated on federal governmental premises; and special activities programs such as athletics, crafts, and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.
21.
Day care home: A single-family dwelling in which a permanent adult occupant thereof provides care for up to six children for only part of the day and which is duly licensed to operate as a day care home. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults, and do not reside on the site. Within this ordinance, day care homes are regulated separately from home occupations.
22.
Distribution center: See "Warehousing and Distribution."
23.
Drive-in theatre: See "Entertainment, Outdoor."
24.
Dwelling: Any building or portion thereof, which is designed and used for residential occupancy.
25.
Dwelling, Accessory: A dwelling located on the same lot of and that is subordinate to a detached, single-family dwelling. Accessory dwellings are commonly referred to as guest houses, carriage houses, garage apartments, or mother-in-law units. See §7.07.
26.
Dwelling, Caretaker: A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises.
27.
Dwelling, Multifamily: A building containing five or more dwelling units on a commonly shared lot.
28.
Dwelling, Duplex: A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.
29.
Dwelling, Multiplex: A building containing three to four dwelling units, each of which has direct access to the outside or to a common hall.
30.
Dwelling, Single-family (Detached): A building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.
31.
Dwelling, Townhouse: A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated by one or more vertical common fire-resistant walls.
32.
Dwelling unit: One or more rooms occupied as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
33.
Dwelling, Upper-story: A dwelling unit located on a floor above a nonresidential use.
34.
Entertainment, Indoor: A commercial establishment providing spectator entertainment within an enclosed building, including movie theaters, playhouses, concert halls, etc.
35.
Entertainment, Outdoor: An establishment providing spectator entertainment in open or partially enclosed or screened facilities, including sports arenas, racing tracks, drive-in theaters, amusement parks, etc.
36.
Farm: Land used primarily for agricultural purposes.
37.
Farm support business: A commercial establishment engaged in the sale of farm support goods and services, including but not limited to the following: 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 farm animals. Does not include the sale of tractors or other farm vehicles and similar equipment.
38.
Flea Market: See "Retail, General, Unenclosed."
39.
Funeral Home: A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
40.
Garden center or Nursery: The growing, cultivation storage and sale of garden plants, trees, flowers, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.
41.
Garden Home: A single-family detached dwelling with a lot and yard sizes meeting the requirements of the GH District or, in the case of planned development or cluster development, the requirements established under the approved Master Development.
42.
Gas station: A commercial establishment involving the retail dispensing of automotive fuels. Gas stations that provide vehicle repair services are classified as either "Vehicle repair, Major" or "Vehicle repair, Minor."
43.
Grocery store. See "Retail, General."
44.
Group Home: A dwelling for the sheltered care of 10 persons unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, which, in addition to providing food and shelter, my also provide some combination of personal care, social or counseling services, and transportation.
a)
Transitional Care Home: A group home whose purpose is to provide a protective living environment to victims of crime or abuse, persons recovering from drug or alcohol addiction, homeless persons, and those reentering society through prerelease, work release or probationary programs.
b)
Family Care Home: A group home whose purpose is to serve physically or mentally impaired persons in a family-type living arrangement, and which meet the requirements of Section 11-52-75.1 Regulations as to housing of mentally retarded or mentally ill persons in multi-family zones, Code of Alabama, 1975 as amended.
45.
Heavy industry: Industries including but not limited to meat or poultry processing, slaughterhouse, the storage or manufacturing of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature.
46.
Home improvement center: A place of business providing building, yard and garden materials, appliances, tools and supplies at retail or wholesale.
47.
Home occupation: A business, profession, occupation or trade conducted for gain or support as an incidental activity within a dwelling. See also §7.04.
48.
Hospital: An establishment providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.
49.
Hotel: An establishment providing sleeping accommodations for transients, in which lodging rooms are accessed from the interior of the building. Hotels may also include, as an incidental use, a liquor lounge.
50.
Independent living facility: A multifamily residential facility for the elderly. These facilities may provide meals and other services such as housekeeping, linen service, transportation, and social and recreational activities. Such facilities do not provide, in a majority of the units, assistance with activities of daily living such as supervision of medication, bathing, dressing, toileting, etc.
51.
Institutional uses: Structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. This does not include institutional facilities in which principal functions on the site involve garages, repair or storage yards, or warehouses. For the purposes of this Ordinance, institutional uses are categorized as follows:
a)
Low intensity institutional uses: places of assembly up to 150 seats; day care centers; group care homes; nursing care facilities and other homes for the aged up to 10,000 sf.
b)
Medium intensity institutional uses: government buildings up to 12,500 sf; health institutions up to 35,000 sf; elementary and junior high/middle schools; places of assembly up to 300 seats; stadiums and arenas up to 3,000 seats; other institutions up to 35,000 sf.
c)
High intensity institutional uses: government buildings greater than 12,500 sf; health institutions greater than 35,000 sf; places of assembly greater than 300 seats; high schools, universities, colleges, junior colleges; other institutions greater than 35,000 sf.
52.
Kennel: An establishment in which domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for compensation.
53.
Laundering plant: An establishment primarily engaged in high volume laundry and garment services, including commercial and industrial laundries; garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners, but excluding laundromats and dry cleaning pick-up stations without dry cleaning equipment.
54.
Laundry services: Laundromat, laundry and dry cleaning pick-up stations, dryer, and clothing storage, but excluding laundering, dry cleaning, and dyeing plants.
55.
Liquor lounge: A licensed establishment engaged in the preparation, sale or serving of liquor for consumption on the premises only. This includes but is not limited to the following terms: taverns, bars, cocktail lounges, nightclubs and similar uses where liquor sales and consumption occur on the premises.
56.
Livestock sales: The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse or cattle auctions and similar activities.
57.
Maintenance service: An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscaping services, window cleaning services, office cleaning services and similar uses.
58.
Manufactured homes:
a)
Class A manufactured home: A "double-wide" manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction and where the manufactured home has a length not exceeding four times its width.
b)
Class B manufactured home: A "single-wide" manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction.
c)
Class C manufactured home: A manufactured home built before 1976 that does not meet the definition of a Class A or Class B Manufactured Home. Class C manufactured homes are not allowed in the City, except as lawful nonconformities.
59.
Manufactured home park: Land used or designed as a manufactured home community containing multiple spaces for rent or lease.
60.
Manufactured home subdivision: A subdivision designed and intended for the siting of Class A Manufactured Homes.
61.
Manufacturing, General: The basic processing and manufacturing of materials or products predominately from extracted or raw materials and the incidental storage, sale and distribution of such products.
62.
Manufacturing, Light: The manufacture, predominately from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment and packing of such products and the incidental storage, sale and distribution of such products
63.
Medical clinic: A facility providing medical, psychiatric or surgical services for sick or injured persons exclusively on an out-patient basis.
64.
Medical support service: A place of business, which supplies medical support services to individuals, medical practitioners, clinics and hospitals, including but not limited to a pharmacy, medical and surgical supply store, and an optician.
65.
Mini-warehouse: A structure group of structures partitioned for leasing of individual storage spaces and is exclusively used for the storage of non-volatile, non-toxic and non-explosive materials.
66.
Mixed use or Mixed use development: The combination of a residential use with commercial and/or lodging uses on the same site or within the same building.
67.
Modular Home: A structure designed for use as a single-family detached dwelling manufactured off-site and assembled on-site by a licensed contractor, all in accordance with the local or state building code.
68.
Motel: An establishment providing sleeping accommodations for transients, in which lodging rooms are accessed from the exterior of the building. Motels may also include, as an incidental use, a liquor lounge.
69.
Office, Business or Professional: A room or group of rooms used for conducting the affairs of a business, profession, service, or industry and generally furnished with desks, tables and communications equipment.
70.
Outdoor storage: The keeping, in an unenclosed area, of any goods, materials, merchandise, products or vehicles in the same place for more than 48 hours.
71.
Park: Publicly-owned and operated parks, playgrounds, recreation facilities and open spaces. Parks owned and operated by a property owners association are referred to as "Common Open Spaces."
72.
Parking, Commercial: A parking area accessible to the public for a fee and not accessory to a use on the same premises.
73.
Parking, Nonresidential: A parking area serving a nonresidential use, which may or may not be located on the same premises.
74.
Personal service: An establishment primarily engaged in providing services involving the care of a person or their personal goods or apparel.
75.
Place of assembly: A facility used for and providing religious, fraternal, recreational, social, educational or cultural activities.
76.
Printing establishment, Minor: Blue printing, copying, printing, engraving or other reproduction services with 2,500 sf or less of floor space.
77.
Printing establishment, Major: Blue printing, copying, printing, engraving or other reproduction services with no limit on floor space/area.
78.
Public facility: Buildings providing public services, not otherwise defined in this Section, including government offices, post offices, museums, libraries, transit stations, police and fire stations, emergency service stations, civil defense operations and similar uses.
79.
Public utility facility: A facility that provides public utility services to the public at large, including water and sewer, gas distribution, electric transmission and distribution, and cable transmission and distribution facilities.
80.
Recreation: A commercial establishment providing recreational or sports activities to participants, including bowling alleys, billiard parlors, video game centers, ice and roller skating rinks, driving ranges, miniature golf courses, conventional golf courses, swimming pools, tennis courts and other commercial recreational and sports activities.
81.
Recycling center: Land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
82.
Recycling plant: A facility, other than a junkyard, in which recoverable resources, such as newspapers, magazines, books and other paper products; glass, metal cans and other products are recycled, reprocessed and treated to return such products to a condition in which they may be used again in new products.
83.
Research laboratory: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
84.
Resource extraction: The removal of soil, sand, stone, chert, clay, gravel, limestone, or other minerals or similar materials, for commercial purposes, including quarries, sand and gravel operations, gas extraction, and mining operations, and the loading, sizing, crushing, and processing of such materials, and the incidental storage, sale and distribution of such materials.
85.
Restaurant, Fast food: An establishment where food and drink are rapidly prepared for drive-through or drive-in service.
86.
Restaurant, Standard: An establishment where food and drink are prepared, served and primarily consumed within the building where patrons are seated and served.
87.
Restaurant, Take-out only: An establishment where food and drink are prepared and served for consumption off-premises only.
88.
Retail, General:
a)
General retail, Enclosed: Retail sales of goods and services conducted fully or primarily within a building, including, but not limited to; food sales, department stores, clothing stores, home furnishings, appliance stores, automobile parts and supply stores, video rental, gift shops, florist shops, hardware stores, specialty shops, jewelry stores, variety stores, sporting goods stores, antique shops, auction houses and similar retail activities.
b)
General retail, Unenclosed: Retail sales of goods and services conducted primarily (more than 50% of total sales area is unenclosed) or fully outside of a building, including but not limited to outdoor sales, flea markets, and similar activities. "Vehicle sales" is separately defined and regulated.
89.
Rooming house: See "Boarding House."
90.
Sanitary landfill: A State-approved site for solid waste disposal employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day.
91.
School: A public or nonprofit primary or secondary school. Does not include "Commercial school" or "College."
92.
Shopping center: A group of commercial establishments located on a lot planned and developed in a unified manner and design with shared parking and driveway facilities and under a common ownership or management authority.
93.
Stable: An accessory structure in which horses are kept for private or commercial use.
94.
Studio: A place of work for an artist, photographer or craftsman, including instruction, display, production and retail sales of materials produced on the premises.
95.
Truck stop: An establishment involving the maintenance, servicing, storage or repair of commercial vehicles; the retail dispensing of motor vehicle fuels; and the sale of accessories or equipment for trucks and similar commercial vehicles. Truck stops may include overnight accommodations or dining.
96.
Truck terminal: A premises on which trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
97.
Vehicle and equipment sales, rental and service: An establishment engaged in the sale or rental of heavy trucks (over one ton), construction equipment, tractors farm implements and similar equipment, including the storage, maintenance and servicing of such vehicles and equipment.
98.
Vehicle repair, Major: An establishment engaged in the repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities all of which is performed entirely within an enclosed building.
99.
Vehicle repair, Minor: An establishment engaged in sales, installation, and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/or replacement and similar activities.
100.
Vehicle sales or rental: An establishment engaged in the sale or rental of automobiles, light trucks, recreational vehicles, boats, motorcycles, including the incidental parking, storage, maintenance, servicing and repair of such vehicles.
101.
Veterinary hospital: A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
102.
Warehousing and distribution: An establishment engaged in the receipt, storage, and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle, excluding any retail sales, assembly, or product processing.
103.
Wholesaling establishment: An establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
104.
Wrecking or Junk yard: A lot or structure or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.