Except as otherwise provided for in this Ordinance:

1.

No land may be used nor building erected, enlarged, reconstructed, moved, structurally altered or used except for a use permitted by right, approved by the Board of Adjustment as a Special Exception, or approved by the Planning Commission as a Conditional Use in the applicable district. Uses are permitted within each district as specified in Articles 4, 5 and 6. Refer to §3.02 Interpretation of Uses for any uses not expressly identified in this Ordinance.

2.

Structures must be located on each lot in accordance with the area and dimensional regulations specified for the district in Articles 4, 5 and 6 unless modified by any applicable Use-Specific Regulations (refer to Article 7).

No building may be erected, enlarged, reconstructed, moved or structurally altered except in conformity with the dimensional regulations of the applicable district. The minimum lot area, yard setbacks, open spaces and parking spaces required for each and every building, may not be encroached upon or counted toward the requirements for any other building unless specifically provided for otherwise in this Ordinance.

3.

Every building hereafter erected or structurally altered must be located on a lot as herein defined and in no case may there be more than one principal building and one principal use on one lot except as otherwise permitted for nonresidential uses and multifamily developments. Accessory structures may not include living quarters except where expressly permitted for Accessory Dwellings.

4.

No building for human occupancy may be erected without unrestricted vehicular access to a public street.

5.

No private permanent building, fence, wall or other structure may be placed or constructed within a public right-of-way or easement.

6.

No lot may be reduced in area so that yards and other open spaces total less than the minimum area required under this Ordinance.

7.

Only dwellings constructed in accordance with the City Building Code and manufactured homes, where permitted subject to the district regulations, may be occupied for residential purposes. Recreational vehicles and similar portable structures may not be occupied for residential purposes unless approved by the Building Official.

(Ord. No. 2021-08, § 1, 4-13-2021)

This ordinance recognizes the limitations of the district use listings given the infinite variations of uses. Therefore, the Zoning Official is empowered to make interpretations so as to classify any questioned use within a listed use of most similar impact and characteristics. Any appeals related to the Zoning Official's use interpretation may be filed with the Board of Adjustment.

In the event the Zoning Official finds a new or unusual use that cannot appropriately fit a listed use in any district, the following procedures are followed:

1.

If compatible with the intent of the existing zoning district in the determination of the Zoning Official, the unclassified use may be permitted by Special Exception upon approval and subject to the conditions set by the Board.

2.

If the unclassified use would not be compatible with the intent of the existing zoning district, the Zoning Official will determine the most appropriate zoning classification and inform the applicant accordingly. Upon said determination, the applicant may apply for rezoning in accordance with Article 13 Amendment. The unclassified use may then be permitted as Special Exception upon approval and subject to the conditions set by the Board.

Following final action on the unclassified use, as (1) and (2) above may require, the Commission may initiate an amendment to this Ordinance to list the newly permitted use in the most appropriate district(s).

Except as specifically provided for upper-story dwellings, accessory dwellings, home occupations and caretaker dwellings, no structure may be erected, structurally altered for or used as a dwelling simultaneously with any other use.

Utility poles, wires, cross-arms, transformers attached to poles, guy wires, insulators, conduits and other utility structures necessary for electric power, telephone or telegraph service, distribution of gas, oil, water or other utilities may be constructed, erected, repaired, maintained or replaced within any district of the City. The construction of utility stations or substations is subject to §7.01 Public Utility Facilities.

Any building or structure to be moved to any location within the city limits will be considered, for the purpose of this Ordinance, a new building under construction; and, as such, it must conform to all applicable provisions of this Ordinance.

1.

No building will be required to be set back more than the average of the setback of the existing buildings within 100 ft each side thereof.

2.

Single frontage corner lots for detached single-family and duplex dwellings have a primary (greater) front yard setback and a secondary (lesser) front yard setback, as specified in the applicable residential district. Corner lots, in all other cases, have a front yard on each street frontage.

3.

Through lots must provide the required front yard on both sides.

4.

The following projections into required yards are permitted:

a)

Architectural features such as, but not limited to, chimneys, roof overhangs, or eaves may project up to 2.5 ft, but may not be closer than three ft to any side or rear lot line.

b)

Terraces, steps, uncovered porches and similar features that extend no more than three ft above the ground may project into a required yard but may be no closer than five ft to any side or rear lot line.

c)

Within residential districts, satellite dish antennas may be located only within a rear yard and may be no closer to any property line than 10 ft, measured from the closest edge of the structure.

5.

Future street lines. Any lot which, at the time of adoption of this Ordinance or any amendment thereto, may be reduced in area by widening a public street to a future street line as indicated on the duly adopted "Major Street Plan", or as reserved under the mapped street provisions of Title 35, Chapter 2, Article 3, Sections 50-62, inclusive, Code of Alabama 1975 (and as amended), the minimum required lot area, the minimum lot width and the maximum building area must be provided by considering the future street lines as the lot lines of such lots.

In each district, each structure hereafter erected or altered may not exceed the heights specified in the district requirements. Height limitations do not apply to church steeples, hospitals, sanitariums, barns silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers and aerials, cooling towers, water tanks, and industrial structures when required by manufacturing process.

Fences or walls may be erected, placed, maintained, or grown along a lot line on residentially zoned property or abutting a residential district, to a height not exceeding six ft. above the ground. Where such lot line abuts a nonresidential district, fences and walls may be erected, placed, maintained, or grown to a height not exceeding eight ft. The finished side of the fence must face the abutting property.

(Ord. No. 2019-34, § 1, 11-12-2019)

To provide a clear view at intersections, there must be an unobstructed triangular area at the junction of any two streets or a street with a driveway or alley. The size of this triangular area is a function of the classification of the streets, which in turn is a function of the relative volume and speed of traffic on them.

1.

For streets that intersect at an oblique angle; or, in cases where in the opinion of the Commission there are unusual circumstances that require special consideration, the intersection is referred to the Zoning Official who will recommend a triangular unobstructed area using the standards contained in the latest edition of the Manual of Uniform Traffic Control Devices.

2.

Where a driveway or alley intersects with a public street, an unobstructed triangular area measuring 10 ft from the intersection along the right-of-way and 10 ft from the intersection along the edge of the driveway or alley.

3.

Within the triangular areas defined above, nothing may be planted, placed, erected, or allowed to grow that will interfere with visibility between a height of 2.5 ft and eight ft above finished grade at the intersection of the two street center lines or the right-of-way and driveway or alley edge.

It is the intent of this Ordinance that accessory structures be permitted for uses that are reasonable and customary to the applicable district and permitted use and may not include or be used for human habitation, except as expressly provided for accessory dwellings. Accessory structures must comply with the following:

1.

No accessory structure may be erected in any required front or side yard.

2.

Accessory structures may not exceed two stories in height and may not cover more than 30% of any required rear yard, and must be at least five ft from the rear and side lot lines and 10 ft from any other structure on the same lot.

3.

On any lot abutting, along its side lot line, a residentially-zoned lot, no part of any accessory structure may be located within 60 ft of any front lot line.

4.

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

5.

All (private below-ground and above ground) swimming pools on residential lots must be located in the rear yard only, set back no less than 10 ft from the nearest lot line, and enclosed by a protective wall, fence or similar type barrier of a minimum height of four feet with suitable locks on all gates and exits.

6.

Storm and fallout shelters are permitted as principal or accessory uses and structures in any district, subject to the yard and lot coverage regulations of the district. Such structures may contain or be added to other structures, or may be constructed separately, and in addition to shelter use may be used for any permitted principal or accessory use, but may not be used as a dwelling.

(Ord. No. 2022-33, § 1, 10-25-2022)

For all proposals involving the creation of open spaces or facilities to be owned and maintained by the developer or a homeowner, property owner, or condominium association, the following apply:

1.

If not owned and maintained by the developer, an association representing the owners must own the common open space or facility in perpetuity. Membership in the association is mandatory and automatic for all owners of the subdivision or condominium and their successors. The association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the common open space and/or facilities is borne by the association.

2.

Management Plan. The applicant must submit a plan for management of open space and/or common facilities that:

a)

allocates responsibility and guidelines for the maintenance and operation of the common open space/facilities including provisions for ongoing maintenance and for long-term capital improvements;

b)

estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the common open space/facilities and outlines the means by which such funding will be obtained or provided;

c)

provides that any changes to the plan be approved by the Commission; and

d)

provides for enforcement of the plan

3.

In the event the party responsible for maintenance of the common open space fails to maintain all or any portion in reasonable order and condition, the City may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the association, or to the individual owners that make up the association, and may include administrative costs and penalties. Costs will become a lien on all involved properties.

All manufactured homes must be located in an approved manufactured home sales establishment, manufactured home park or manufactured home subdivision except as otherwise provided herein:

1.

A manufactured home may be temporarily parked and used as a bona fide construction office and the quarters of a night watchman at a construction site provided a permit is secured from the Zoning Official. The permit will expire upon completion of the construction for which the permit is issued.

2.

An existing manufactured home located in the AG-1 District may be replaced in accordance with §3.13.5.

It is the purpose of this Section to provide for the regulation of legally nonconforming lots, structures, and uses; and to specify the circumstances and conditions under which such nonconformities can be continued, expanded, or modified; and under which they must be terminated.

1.

General Provisions

a)

Except as otherwise provided in this Section, any nonconforming lot, structure or use lawfully existing on the effective date of this Ordinance, or subsequent amendment thereto, may be continued so long as it remains otherwise lawful.

b)

Nothing in this Section may be interpreted to prohibit routine maintenance, restoration of a structure to a safe condition, internal renovations and modifications, and external improvements, which do not increase in scope or scale the nonconformity of the structure.

Nothing in this Section may be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition; provided that such restoration of such structure is not otherwise in violation of this Ordinance.

c)

No nonconformity may be moved, in whole or in part, to any other location on the same or any other lot unless the entire structure conforms to the regulations of the applicable district after being moved.

d)

Any other provision of this Section to the contrary notwithstanding, no use or structure which is accessory to a principal nonconforming use or structure may continue after such principal use or structure has ceased or terminated, unless it thereafter conforms to all of the regulations of this Ordinance.

e)

The burden of establishing the lawful nonconforming status of any improvement, structure or use under the terms of this Article in all cases is that of the owner, not the City.

2.

Definitions. For the purposes of this Section the following definitions apply:

a)

Nonconforming Lot of Record: Any vacant lot legally established prior to the effective date of this Ordinance or amendment thereto, which does not fully comply with the dimensional regulations of the applicable district.

b)

Nonconforming Developed Lot: Any lot containing a building, structure, and/or activity legally established prior to the effective date of this Ordinance or amendment thereto, but which does not fully comply with the dimensional regulations of the applicable district.

c)

Nonconforming Improvements: Any physical improvements, including drainage improvements, driveways, landscaping, lighting and parking areas, but not including buildings, structures or signs, legally established prior to the effective date of this Ordinance or amendment thereto, but which does not fully comply with the applicable regulations for such improvements in this Ordinance.

d)

Nonconforming Structure: Any building or structure, other than a sign, legally established prior to the effective date of this Ordinance or amendment thereto, but which does not fully comply with the dimensional regulations of the applicable zoning district.

e)

Nonconforming Use: An activity using land, buildings, and/or structures for purposes, which were legal prior to the effective date of this Ordinance or amendment thereto, but which does not fully comply with the use regulations of this Ordinance.

f)

Nonconformity, Minor: Any property comprising a nonconforming developed lot and/or nonconforming structure, but which is used for an activity otherwise in compliance with the applicable regulations of this Ordinance.

g)

Nonconformity, Major: Any property, which is used for an activity that is not fully in compliance with the regulations for the applicable district.

3.

Nonconforming Lots of Record. Where the owner of a nonconforming lot of record does not own sufficient abutting land to enable compliance with the dimensional regulations of this Ordinance, one building and its accessory structures may be built provided they conform as closely as possible, as determined through application and approval of a variance by the Board of Adjustments, to the requirements of the applicable district; and further provided that no side yard, where required to be greater than five ft, may be reduced to less than five ft.

4.

Minor Nonconformities. Minor nonconformities may be modified, enlarged, and/or expanded provided that such modification, enlargement, or expansion conforms to all other regulations in this Ordinance, unless the Board of Adjustment grants a variance from such regulations.

5.

Major Nonconformities.

a)

A nonconforming use may be changed to another nonconforming use provided the new use is the same or lesser intensity of use as the original use.

b)

A nonconforming use may not be enlarged within a structure, nor occupy a greater area of land, than it did at the effective date of this Ordinance or amendment thereto.

c)

A structure containing a nonconforming use may not be moved to any portion of the lot other than that occupied at the effective date of this Ordinance or subsequent amendment thereto.

d)

A nonconforming use may not be altered, enlarged, or intensified in any way that increases its nonconformity, but may be altered or reduced to decrease its nonconformity.

e)

A nonconforming use which changes to a permitted use within the applicable district, may not thereafter revert to a nonconforming use.

f)

The above notwithstanding, an existing manufactured home located in the AG-1 District may be replaced by a Class A or Class B manufactured home provided the replacement home: is not more than five years old from the date of manufacture, is placed on site not more than six months from the date of removal, is placed in the same location as the existing home and is deemed to be in sound condition upon inspection by the City.

g)

If a nonconforming use is damaged in any manner to the extent that the restoration costs would exceed 60% of the value of that use immediately before such damage occurred, or is discontinued and remains vacant for one year or more, any subsequent use of that lot and/or structure must be in full compliance with the regulations of the applicable district.

If a nonconforming use is damaged by less than 60% of the value of that use prior to damage, it may be repaired to its condition prior to damage provided that such repairs are completed within 12 months of the date of such damage and do not result in enlargement of the nonconforming use.

h)

In contradistinction to Item g above, detached single-family dwellings existing prior to the rezoning of a property to an ASC, GB, CBD or NSC District may be restored, regardless of the extent of damage, upon approval of a Special Exception by the Board of Adjustment and provided such restoration is completed within 12 months of the date of such damage and does not result in enlargement of the dwelling. However, after discontinuance of such use for one year or more, subsequent use of such structures must be in full compliance with the regulations of the applicable district, as provided in this Subsection.

6.

Nonconforming Improvements. Nonconforming improvements must be brought into conformance with the applicable regulations of this Ordinance prior to occupancy by a new use, expansion of an existing use or prior to occupancy following a period of vacancy of one year or longer. The Board of Adjustment may modify this requirement where it finds that the fully required improvements may not practicably be provided due to inadequate area on a developed lot.