3.01.01. In each district, only the uses specifically listed as "permitted by right," "conditional use" or "special exception" are allowed. Any use existing at the time of enactment or amendment of this ordinance but not in compliance with its provisions is considered a nonconforming use (refer to article XI, Nonconformities).

3.01.02. Interpretation of uses.

A.

This ordinance recognizes the limitations of the district use listings, given the infinite variations of essentially similar uses. Therefore, the zoning official is empowered to make interpretations to classify any questioned use within a listed use of most similar impact and characteristics. Appeal of the zoning official's use interpretation may be filed with the board of adjustment.

B.

Unclassified uses. If a new or unusual use is proposed that is not clearly analogous to a use listed in this ordinance, the following procedure is followed:

1.

If compatible with the existing zoning district intent, the unclassified use may be permitted by special exception upon approval and subject to the conditions set by the board.

2.

If the board determines that the unclassified use would not be compatible with the existing zoning district intent, the use may not be permitted unless the subject property is rezoned to a district in which the use would be compatible with its intent. If the property is rezoned, the proposed use must again be submitted for special exception approval.

3.

Following the final action on the unclassified use, the planning commission may initiate an amendment to this ordinance to list the newly permitted use into the most appropriate districts.

3.01.03. Use modifications.

A.

Temporary structures for use incidental to construction work are permitted in any district during the period that construction work is in progress, but such temporary structures must be removed upon completion or abandonment of the construction work.

B.

Utility structures, including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water, or other fluids, television, radio, telephone, microwave, cellular telephone or other like towers including all erected, maintained, repaired, or replaced within any district are subject to permission being granted by the board of adjustment. The board may impose any conditions on construction as deemed necessary and feasible by the board. The persons or entities in question must obtain the necessary approvals for special exception uses and required building permits. The height limitations of this ordinance do not apply to structures included in this subsection. This is not to be construed to allow the erection or construction of office buildings, warehouses, or any other structure not necessary for uses listed herein.

C.

Railroad facilities, including main line tracks, switching spurs, control signals, poles, and wires or similar facilities (but not yards or service facilities) needed for operating railroad trains, may be constructed, repaired, maintained or replaced in any district, and these as well as terminal facilities, including passenger or freight stations, team tracks and storage yards are permitted in the "M" districts.

3.02.01. If a conflict occurs among the regulations imposed by this ordinance, then the more restrictive requirement governs, unless specified otherwise.

3.02.02. No structure may be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformity with the dimensional regulations of the applicable district.

3.02.03. When a lot adjoins a street with a dedicated right-of-way of less than 40 feet in width or a street without a dedicated right-of-way, the required front yard setback is measured beginning at a line 25 feet from and parallel to the street centerline.

3.02.04. Where a lot of record at the time of the effective date of this ordinance had less area or less width than required in the applicable district, said lot may nonetheless be used as a building site provided the yard space and other requirements conform as closely as possible, in the opinion of the board of adjustment, to the requirements of the applicable district.

3.02.05. The minimum yards, parking spaces, and open space required by this ordinance for each structure existing at the time of passage of this ordinance, or for any structure hereafter erected or structurally altered, may not be encroached upon or considered as part of the yard or parking space or open space required for any other structure, nor may any lot area be reduced below the lot area requirements of the applicable district, except as provided in this article XI, Nonconformities, and article XII, Board of Adjustment.

3.02.06. The front yard setback of flag lots is measured from that lot line which is most parallel to and nearest the street from which the lot derives its access. The access strip, or flagpole, may not be less than 25 feet in width at any point.

3.02.07. Common open spaces that are contained within their own lot are not subject to minimum lot area and lot width requirements.

3.02.08. General yard modifications. Every part of a required yard must be open to the sky unobstructed by any structure or part thereof, and unoccupied for storage, servicing or similar use except as provided herein:

A.

Sills, beltcourses, and ornamental features may project into any yard not to exceed 12 inches.

B.

Cornices and eaves may project into any required yard not to exceed 18 inches.

C.

Terraces, uncovered porches, underground fallout shelters and ornamental features which do not extend more than five feet above grade level may project into a required yard, but may be no closer than two feet to any lot line.

D.

Where an open space is more than 50 percent surrounded by residential or institutional buildings, the minimum width of the open space must be at least 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three-or-more-story buildings.

3.02.09. Front yard modifications.

A.

Signs may be placed within required front yards and may extend over front yards in accordance with article VIII, Signs.

B.

Trellises, arbors and similar unenclosed structures may be located in a required front yard provided the structure does not exceed the following dimensions: twelve feet in width, three feet in depth and ten feet in height.

C.

Where 40 percent or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of five feet or less), a front yard greater or lesser in depth than herein required, new buildings may not be erected closer to the street than the average front yard so established by the existing buildings.

D.

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described above, then:

1.

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard is a line drawn between the two closest front corners of the adjacent buildings, or

2.

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

E.

Through lots must provide the required front yard on both streets. However, if the rear yard setback of the applicable district is greater than the front yard setback, the rear yard must be provided on the street of higher classification, if applicable.

F.

Front yard setbacks must be observed on each street frontage of corner lots. However, the buildable width of a lot of record need not be reduced to less than 28 feet; provided that the side yards are, in no case, reduced to less than that otherwise required in the applicable district.

3.02.10. Rear and side yard modifications. The rear or side yards heretofore established may be modified in the following cases:

A.

Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear or side yard for building purposes; however, the minimum yard abutting an alley must be at least three feet.

B.

An unenclosed balcony, porch steps or fire escape may project into a rear yard for a distance not exceeding ten feet.

3.03.01. Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered must be located on a lot with frontage on a public street or having access to a public street by way of an access easement approved by the fire official or a private street approved by the planning commission.

3.03.02. Residential structures.

A.

Only buildings conforming to the Building Code and manufactured homes conforming to the HUD Code may be used for permanent residential occupancy. Recreational vehicles, tiny homes on wheels and similar portable structures may not be used for permanent residential occupancy but may be permitted for temporary occupancy in recreational vehicle parks in accordance with section 7.29, Recreational vehicle parks and campgrounds.

B.

Except as provided in section 6.01, A-1 agricultural district, and section 6.02, Planned unit development district, all manufactured homes must be parked in authorized manufactured home parks or manufactured home sales establishments.

3.03.03. More than one multi-family dwelling, institutional, commercial or industrial building may be located upon a lot or tract. No more than one principal building may hereafter be erected on any lot containing a single-family or duplex dwelling.

3.03.04. No structure may be erected, structurally altered for, or used as a single-family or duplex dwelling simultaneously with any other use with the exception of bed and breakfasts, live-work units and caretaker dwellings, where permitted.

3.03.05. Height of structures.

A.

No structure may be erected, converted, enlarged, reconstructed, moved, or structurally altered to exceed the height limit of the applicable district.

B.

Height modifications.

1.

Chimneys, cooling towers, elevator bulkheads, head houses, fire towers, gas tanks, steeples, penthouses, stacks, tanks, water towers, ornamental towers and spires, wireless, television or radio towers or necessary mechanical appurtenances, where permitted, may be erected to any height not in conflict with existing or hereafter adopted ordinances of the city except that where permitted in connection with residential uses such structures are limited to a height of 25 feet above the maximum height of structures permitted in that district.

2.

The limitation on number of stories does not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the applicable district.

3.

Public, semipublic or public service buildings, including but not limited to hospitals, schools, and places of worship, when permitted in a district with height limitations of less than 60 feet, may be erected to a maximum height of 60 feet, provided any portions of the building in excess of the district height limit are set back from side and rear yard setback lines one additional foot for each foot of building height above the height limitation of the applicable district.

3.03.06. Any structure to be moved to any location within the city limits, is considered, for the purpose of this ordinance, to be a new building under construction and must conform to the applicable provisions of this ordinance.

3.03.07. Businesses to be in permanent buildings.

A.

Except as provided herein, the principal building of a permanent or temporary business must be a permanent building. The building and premises must conform in all respects to the applicable land and building development codes and ordinances of the city. The principal building of any permanent or temporary business may not be a tent, shelter, portable building, or other structure which does not comply with the intent of this section.

B.

Portable buildings may only be permitted subject to the following requirements:

1.

The use of portable buildings for business or industrial uses, except as specified below, may be allowed temporarily in accordance with section 12.05, Special exceptions, in which case such approvals are limited to a period of one year.

2.

Portable buildings may be used on a construction site as a construction office, as individually approved by the zoning official. Said portable building may not be placed on the site prior to issuance of a building permit and must be removed within two weeks from the date the certificate of occupancy has been issued.

3.

Following final plat approval of a major subdivision, portable buildings may be used as real estate sale offices only for the sale of lots and dwellings within such subdivision, subject to individual approval by the zoning official. Approval may not be granted for a period in excess of one year. Extensions may be approved by the zoning official provided evidence that the construction of the development is ongoing.

4.

Portable buildings may not be approved for permanent use.

C.

Seasonal businesses must be in accordance with section 7.30, Seasonal businesses.

D.

Special events must be in accordance with section 7.34, Special events.

E.

Mobile food units must be in accordance with the requirements set forth in schedule FF of chapter 5, Business Licenses, Taxes and Regulations, of this Code.

3.03.08. Accessory structures.

A.

Accessory structures may be erected and maintained only as accessory to the principal building or use on the same lot or premises. Except for permitted uses of land that do not involve principal buildings, accessory structures may not be built prior to construction of the principal building .

B.

Except where specifically permitted for accessory dwellings, accessory structures may not be used for human habitation.

C.

Accessory structures may not be erected within the established front yard nor established side yard except as specified in section 3.02.09, Front yard modifications. In the case of corner lots and through lots, accessory structures may not encroach on either front yard.

D.

Accessory structures may be built in a required rear yard, but may not occupy more than 25 percent of the established rear yard and must be set back at least three feet from any lot line. When a garage is entered from an alley or shared driveway, it must be set back at least 25 feet from the edge of pavement on the opposite side of the alley or shared driveway.

E.

Accessory structures must be set back at least ten feet from all other structures.

F.

The following standards apply to accessory structures visible from public areas.

1.

Structures must be constructed of materials compatible with other buildings in the applicable district to ensure that the aesthetic value and appearance of the neighborhood is retained.

2.

Accessory structures must be built in a manner which will complement the main structure. Similar shape, roof slope, and building materials must be used.

3.03.09. Manufactured homes.

A.

Each manufactured home must have tie-downs or other devices securing the stability of the manufactured home based on the requirements of the manufacturer or the installation standards of the Alabama Manufactured Housing Commission.

B.

Foundations must be installed in accordance with the standards set forth in the manufacturers' set-up requirements or the installation standards of the Alabama Manufactured Housing Commission.

C.

Installation of skirting on all manufactured homes is required. Installation must be in accordance with the manufacturers' installation instructions. Acceptable materials may include masonry, stone, metal, vinyl, or other materials manufactured for the purpose of skirting.

D.

State ad valorem stickers are required for each manufactured home that is occupied by someone other than the owner of the land on which the manufactured home is located.

E.

All manufactured homes must be attached to an approved sanitary sewer system or an on-site sewage disposal system approved by the Shelby County Health Department.

F.

An address number must be posted directly on the manufactured home, or in a conspicuous location on the same lot, readily identifiable from the street, such as on the mailbox, or on a post if a mailbox is not on the lot.

No use may be established nor building erected, converted, enlarged, reconstructed or moved except in conformity with article IX Parking and Loading.

3.05.01. No fence, wall, shrubbery, sign, marquee, or other obstruction to vision is permitted, between three and one-half feet and ten feet above the grade level of the street, that will obstruct a motorist's line of sight at intersections of streets with other streets, alleys, driveways and railroads, in accordance with the following:

A.

At the intersection of a street and a driveway or alley: 20 feet from the intersection measured from the edge-of-pavement of the street and 20 feet along the driveway or alley pavement.

B.

At the intersection of two streets: 30 feet from the intersection measured from the edge of pavement.

C.

At the intersection of a street and a major street or railroad: 20 feet from the intersection measured along the edge-of-pavement of the street and 70 feet along the edge-of-pavement of the major street or railroad right-of-way, as applicable.

Figure 3-1: Corner visibility.

3.05.02. The above requirements do not apply to objects that are no wider than 18 inches.

3.05.03. The city engineer may require greater sight distance in accordance with the AASHTO geometric design of highways and streets.

Building materials or temporary structures for construction purposes may not be placed or stored on any lot or parcel of land located in a residential or business district before appropriate building permits have been approved and issued by the city.

3.07.01. Unless otherwise specified in this ordinance, all lots must have frontage on a public street.

3.07.02. Access management standards. The following standards apply only along streets under the authority of the City of Pelham:

A.

The number and location of driveways accessing public streets are subject to the standards in table 3-1. Property which has frontage on two or more streets may be allowed entrances on each street, subject to the standards herein and approval by the city engineer.

B.

For nonresidential uses along arterials, use of shared access driveways, cross access driveways, access easements or a combination of these may be required to comply with the driveway spacing requirements herein.

C.

The city engineer may reduce spacing requirements when one or more of the following conditions exist, based on commonly accepted and applied traffic engineering principles:

1.

Shared access is not possible;

2.

Exceptional topographic or site conditions exist at the driveway location (such as in-place utility or drainage features) which would make strict application of the standard exceptionally or practically difficult or unduly harsh; or

3.

the reduction would not compromise the safe, efficient flow of traffic.

D.

Adequate throat length must be provided to prevent traffic entering a premises from backing up onto the public street. See figure 3-2. A minimum length may be required by the city engineer when anticipated traffic volumes and commonly accepted and applied traffic engineering principles justify the need for longer throat length.

Table 3-1. Driveway Spacing Standards.

Figure 3-2. Throat length.

The zoning official may require any use, whether conforming or nonconforming, which results in unreasonable noise, lighting, smoke, gas, vibration, fumes, dust, fire, radio, interference, or explosion hazard, or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort, and convenience.

No lot may be graded or cleared, nor may the earth contained in the lot be altered before appropriate permits concerning grading and sedimentation control have been issued by the engineering department. In addition, if a permit is required by the Alabama Department of Environmental Management, evidence of this permit must be provided to the city, along with any other necessary drawings, stormwater calculations or other documents, prior to obtaining approval from the engineering department and before any work begins on the site. All disturbed ground left inactive for 14 days must be stabilized by seeding, hydroseeding, sodding, or landscaping.

For all developments involving the creation of common open spaces or facilities (refer to section 2.02, Definitions) required by this ordinance, the following apply:

3.10.01. If not owned and maintained by the developer or the owner of the development, a condominium or property owners association 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. Such association is responsible for maintaining the common open space and/or facilities.

3.10.02. Open space dedicated in fee to the city or other governmental agency to be responsible for its operation and maintenance may not be reserved for the exclusive use of the development or its residents, owners or customers.

3.10.03. Management plan. The applicant must submit a plan for management of all common open spaces and facilities that:

A.

Allocates responsibility and guidelines for their maintenance and operation;

B.

Outlines the means by which funding will be secured for their maintenance, operation and insurance;

C.

Provides that any changes to the plan must be approved by the commission (subdivisions, including PD developments), council (conditional uses) or other approving authority; and

D.

Provides for enforcement of the plan.

3.10.04. In the event the party responsible for the common open space or facilities 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. This includes, but is not limited to, keeping plantings and ground cover in healthy condition and free of weeds; repair of cracks, holes and other deterioration of pavement; and maintenance and repair of stormwater basins and drainage facilities to assure they function as required. The costs of such repair and maintenance may be charged to the owner, the association, or to the individual owners that make up the association and may include administrative costs and penalties. Costs may become a lien on all properties involved.

3.11.01. Fences and walls, except as required for retaining walls, may not exceed the following heights:

A.

Four feet in a required front yard; and

B.

Seven feet in a required side or rear yard.

3.11.02. For fire access, horizontal clearance of at least 32 inches must be maintained between fences and walls on one lot and all structures on the abutting lot.

3.12.01. Continuous sidewalks must be provided along the entire lot frontage for all developments in accordance with table 3-2 in addition to provisions of the subdivision regulations and according to the following requirements.

A.

All sidewalks and required buffer strips must be located within the right-of-way of planned or existing public streets to the extent feasible.

B.

Required sidewalks must be separated from public streets by a raised curb and buffer strip as specified in table 3-2 and must be paved with concrete, brick or such other material as may be approved by the planning commission (for proposed subdivisions) or the city engineer (developments not involving subdivision),

3.12.02. Continuous on-street sidewalks must be provided along the full length of lot frontage and walkways of not less than four feet must be provided between any parking area and the building which they serve. Refer also to table 3-2 below:

Table 3-2. Sidewalk and Buffer Strip Requirements by Zoning District.

3.13.01. When adjacent to a residential use or district, exterior lighting fixtures, including lighting for parking areas, walkways, general illumination or any other purposes, must direct the beam away from the residential use or district and direct the beam entirely onto the subject property.