This ordinance shall be known as the "Zoning Ordinance of the City of Pelham, Alabama," and the map herein referred to, identified by the title "Zoning Map of Pelham, Alabama," shall be further identified by the signature of the mayor of the City of Pelham and attested by the city clerk.

1.02.01. Purpose. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan. The fundamental purpose of this Ordinance is to promote the public health, safety, morals and general welfare: to encourage the use of lands and natural resources in the city in accordance with their character and adaptability; to limit the improper use of land; to provide for the orderly development and growth of the city; to reduce hazards to life and property; to establish the location and size of and the specific uses for which dwellings, building and structures may hereafter be erected or altered, and the minimum open spaces and sanitary, safety and protective measures required for such buildings, dwellings, and structures; to avoid congestion on the public roads and streets; to provide safety in traffic and vehicular parking; to facilitate the development of an adequate system of transportation, education, recreation, sewage disposal, safe and sufficient water supply and other public requirements; to conserve life, property and natural resources and the expenditure of funds for public improvements and services to conform with the most advantageous use of land, resources and properties, for the general good and benefit to the people of the city.

1.02.02. Relation to the comprehensive plan. The administration, enforcement, and amendment of this ordinance should be consistent with the comprehensive plan.

1.02.03. Methods. The city is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability or use, which are deemed most suitable to provide for the best general civic use, protect the common rights and interests within each district, preserve the general rights and interests of all, and to promote wholesome, sightly, harmonious and economic results in civic service, activities and operations; and by further regulations to limit the location, uses and occupancy of buildings, structures and land to be used for trade, industry, residence or other purposes, and also the location, height, bulk, occupancy and uses of buildings or other structures, including the ratio of lot occupancy and coverage, street setback lines, sizes of yards, and other open spaces.

1.02.04. Authority. This ordinance has been prepared, recommended by the planning commission and adopted by the city council pursuant to the authority granted by Code of Ala. 1975, § 11-52-70 as amended and supplanted by all applicable laws.

1.02.05. Repeal of conflicting ordinances. On the effective date of this ordinance, all existing zoning ordinances and parts thereof in conflict or inconsistent with this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect.

1.03.01. Minimum requirements. In interpreting and applying the provisions of this ordinance, they are held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals, and the general welfare.

1.03.02. Conflict with other regulations. Where this ordinance imposes greater restrictions upon the use of a building or land or upon spaces, yard area, or lot area, than are imposed or required by other ordinances, rules, regulations, or permits, or by easement, covenants, or agreements, the provisions of this ordinance govern. Where any other ordinances, rules, regulations, or permits, or any easements, covenants, or agreements impose greater restrictions upon the use of a building or upon the height, bulk, or size of a building or structure, or require larger open spaces, yard area, or lot area than are required under the regulations of this ordinance, such provisions govern.

1.03.03. Severability. If any clause, portion, provision, or section of this ordinance is held to be invalid by any court of competent jurisdiction, such holding does not render invalid any other clause, portion, provision, or section.

1.03.04. City not subject to ordinance. Any provision of this ordinance to the contrary notwithstanding, the city, in exercising any governmental function, power, or authority, is not subject to the provisions of this ordinance or in any way limited thereby in the exercise of such governmental function, power or authority.

1.04.01. To carry out the intent and purpose of this ordinance, the city is hereby divided into the following districts; the location, boundaries, and area of which are shown on the zoning map.

A.

Residential districts.

1.

E-1 estate residential district.

2.

R-1A single-family residential district.

3.

R-1B single-family residential district.

4.

R-2 two-family residential district.

5.

R-3 garden home residential district.

6.

R-4 townhouse residential district.

7.

R-5 multi-family residential district.

B.

Nonresidential districts.

1.

O-I office and institutional district.

2.

B-1 neighborhood business district.

3.

B-2 general business district.

4.

B-3 warehouse business district.

5.

B-4 mini-warehouse district.

6.

M-1 light industrial district.

7.

M-2 heavy industrial district.

C.

Special purpose districts.

1.

A-1 agricultural district.

2.

PUD planned unit development district.

3.

CO corridor overlay district.

1.05.01. The map which is identified by the title "Zoning Map of Pelham, Alabama," together with all explanatory matter thereon, is hereby declared to be a part of this ordinance, is referred to hereinafter as the "zoning map," and is hereby adopted to replace all previous maps.

Such map is filed with the clerk of the City of Pelham at the time of the introduction of this ordinance, will remain on file in the office of the said clerk and upon the adoption of the ordinance, said map will show by endorsement thereon the date of such adoption. Any changes made in district boundaries, or any other matter portrayed on the map, are entered on the map by ordinance number and date of adoption within ten days of such adoption.

1.05.02. District boundaries.

A.

The boundaries of the zoning districts shown on the official zoning map are intended to follow natural boundaries, lot lines, railroads, streams, streets, alleys or the corporate boundary. In all other cases, the district boundary lines are determined by use of the scale appearing on the zoning map.

B.

Where uncertainty exists as to the boundaries of any district shown on the zoning map the following rules apply:

1.

Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines are construed to be such boundaries.

2.

Where boundaries are indicated approximately parallel to the centerlines of streets, alleys, or highway rights-of-way, such boundaries are construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions are determined using the scale shown on the zoning map.

3.

Where a district boundary divides a lot, the location of such boundary, unless indicated by dimensions, is determined using the scale appearing on the official zoning map.

4.

In case any further uncertainty exists, the board of adjustment determines the location of boundaries.

1.05.03. Abandoned right-of-way. Whenever any street, alley or other public way is vacated or abandoned by official action of the city, the zoning district abutting each side of such street, alley or public way is automatically extended to the center of same and all area included therein will then be subject to all appropriate regulations of the extended district.

1.06.01. Any territory hereafter annexed to the City of Pelham, Alabama will be subject to the county zoning regulations until it has been zoned by the City of Pelham, Alabama. Any unzoned territory hereafter annexed to the City of Pelham, Alabama will be zoned A-1 agricultural district at the time of annexation until changed by the City of Pelham, Alabama.

This ordinance becomes effective immediately upon its adoption and publication as provided by law.