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Pelham City Zoning Code

ARTICLE XII.

R-A APARTMENT DWELLING DISTRICT

Sec. 1. - Intent.

To provide multifamily residential areas in which open space and compatibility with residential neighborhoods are primary considerations. The regulations set forth in this article or set forth elsewhere in this ordinance, when referred to in this article, are the regulations in the R-A apartment dwelling district.

(Ord. No. 135-182, 7-16-07)

Sec. 2. - Permitted uses.

1.

Apartment residential dwellings.

2.

Home occupations in accordance with the requirements set forth in Article XXV, Section 6, detailed use regulations, home occupation.

3.

Accessory structures, such as a rental office, coin laundry, vending machines, snack bar, garage structures, centrally located mail facility, etc., for the operation of an apartment complex and for use by only the residents and employees. These structures shall be subject to business license requirements, if applicable.

4.

Churches.

5.

Public schools.

6.

Recreational facilities designed and intended to serve only the residents of the development.

(Ord. No. 135-182, 7-16-07; Ord. No. 135-247, § 1, 1-24-22)

Sec. 3. - Special exception use.

A use which is permitted in a particular zoning district only by special application and approval by the board of adjustment on such special exception as they are authorized to rule on by the terms of this ordinance, and which is subject to restrictions and safeguards as to number, area, character, location or relation to the neighborhood. This use is permitted further subject to appropriate permits and/or licenses being issued in accordance with the provisions of the ordinances of the City of Pelham. It should be noted that an application of a special exception is not an appeal, even though it is being considered by the board. In this case, the board is acting in an administrative role and is applying the general provisions of the ordinance to a specific site and project. The following uses are granted subject to approval by the board of adjustment, and further subject to appropriate permits and/or licenses being issued:

1.

Broadcasting towers or wireless communications facilities shall be in accordance with the requirements for specific uses set forth in Ordinance No. 374-2, or the most current revision thereof.

(Ord. No. 135-182, 7-16-07)

Sec. 4. - Prohibited uses.

1.

Single-family dwellings.

2.

Duplex or two-family dwellings.

3.

Townhouse dwellings.

4.

Home day care.

5.

All commercial and industrial uses except as specified in sections 2. and 3. of this article, Article XII.

6.

Boats, trailers, campers, recreational vehicles, and similar items cannot be parked anywhere on the lot, in the required parking area of the apartment complex, or on the street in the R-A apartment residential district. An additional lot may be provided for these items as set forth in Article XII, section 9, additional regulations, item 3.

(Ord. No. 135-182, 7-16-07; Ord. No. 135-247, § 2, 1-24-22)

Sec. 5. - Area and dimensional regulations.

Except as provided in Article XXIV, supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

Maximum Height of Structures Minimum Yards (Feet) Minimum Lot Area Minimum Lot Width
Stories Feet Front Rear Sides Acreage Feet
3 50 35 35 25 One Acre 200

 

* Maximum density: Ten apartment dwelling units per acre.

1.

Building separation requirements; front, rear, and side: More than one apartment building may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one story buildings, 30 feet when one or both are two story buildings, and an additional ten feet separation for each additional story when one or both buildings exceed two stories.

(Ord. No. 135-182, 7-16-07)

Sec. 6. - Parking regulations.

Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Article XXIII, off-street parking and loading requirements.

(Ord. No. 135-182, 7-16-07)

Sec. 7. - Landscape buffer regulations.

Landscaping and buffers shall be in accordance with the requirements for specific uses set forth in Article XXIV, supplementary regulations and modifications, section 9, landscaping and buffers.

(Ord. No. 135-182, 7-16-07)

Sec. 8. - Sign regulations.

Any signage shall be in accordance with the requirements for specific uses set forth in Article XXII, sign ordinance.

(Ord. No. 135-182, 7-16-07)

Sec. 9. - Additional regulations (when applicable).

1.

A storage facility consisting of a floor area of not less than four feet by four feet shall be required and designed to structurally compliment the building in each apartment unit.

2.

All utilities shall be underground.

3.

A screened storage area shall be maintained on a separate lot or common area with a suitable paved bituminous or concrete surface for parking boats, trailers, campers, recreational vehicles, and similar items to contain a minimum of one space per 20 units, if no garage space is provided for these items within the apartment complex. The vehicles listed above can only be parked in a designated garage space or the designated screened storage area. Any screening used in R-A apartment residential district zoning shall be in accordance with the requirements for specific uses set forth in Article XXIV, section 13, supplementary regulations and modifications, screening.

4.

A playground or park area shall be provided and maintained in a safe condition.

5.

A designated car wash area shall be established and approved by the Alabama Department of Environmental Management.

6.

Any garbage/refuse service areas shall be limited to the principal building or complex it serves, screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility. All screening shall be in accordance with the requirements for specific uses set forth in Article XXIV, section 13, supplementary regulations and modifications, screening.

(Ord. No. 135-182, 7-16-07)