For the purposes of this ordinance, certain words and terms are defined as herein indicated and shall apply to all parts of this ordinance. Unless specifically defined herein, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. All words used or defined in one tense or form shall include other tenses and derivative forms; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise; the words "used for" shall include the meaning "designed for"; and the word "structure" shall include the word "building"; the word "lot" shall include the words "plot" or "tract"; and the word "shall" is mandatory and the word "may" is permissive. The word "person" includes an individual, firm, association, organization, partnership, trust, company, or corporation.

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

The zoning official is authorized to make a final determination of the meaning of any term used in this ordinance. In the case of any dispute, an appeal of the zoning official's determination may be filed with the board of adjustment.

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

Abut, adjacent, adjoin or contiguous. To physically touch or border upon or to share a common border with or be separated from the common border by an easement, right-of-way, railroad, or body of water.

Accessory dwelling. A dwelling unit (other than a manufactured home) used in combination with a nonresidential use, such as the family residence of a manager, business owner, or security guard, within the same building or on the same lot of a nonresidential use.

Accessory structure. A subordinate structure incidental to the primary use of the site.

Accessory use. A use naturally and normally incidental to and subordinate to and devoted exclusively to the main use of the premises.

Agriculture. The tilling of soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of domestic animals, fowl, and riding horses, and including sale of crops, dairy and horticultural farm products incidental to the operation of a farm.

Alley. A thoroughfare either used or shown on any recorded description of the subject parcel(s) which is not more than 30 feet wide and which affords only a secondary means of access to abutting property.

Alter and alteration. Any change or modification in construction or occupancy.

Antenna. Electronic devices, whose purpose is to receive or transmit signals directly from ground-based sources, which are freestanding or mounted on a structure.

Apartment. An individual dwelling unit within a building comprising at least three dwelling units, each unit of which is designed to be occupied and to be rented by one family.

Apartment building. A building comprising at least three dwelling units, each unit of which is designed to be occupied and to be rented by one family.

Apartment complex. A cluster of detached apartment buildings on one lot and in which, typically, individual entrances are provided for each dwelling unit.

Appeal. A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this ordinance as expressly authorized by the provisions of Article XXVII, board of adjustment.

Applicant. One individual who is duly authorized to submit development plans for review, request variances or changes in zoning classification, and apply for any form of development approval with respect to a development site. An applicant may be the property owner(s), or any person having written authority from the property owner(s). This written authority shall be provided in the form of a legal power of attorney.

Assisted living facility. A building, establishment, complex, or distinct part thereof which:

1.

Accepts primarily aged persons for domiciliary care, not nursing or medical care;

2.

Provides on site to its residents private lockable residential spaces; meal service in a community dining facility and non-medical personal care services appropriate to the resident's respective needs;

3.

Other than supervision of self medication, medical services are not a service provided by the facility. The facility may provide space for an unrelated home health service or a medical doctor's office for ease of access to those services by the residents;

4.

Provides linkages with hospitals, community services and makes transportation available; and

5.

Provides timely assistance to residents for response to urgent or emergency needs.

Bank or financial service. A business engaged in providing banking or financial services to business and the general public, such as a bank, savings and loan association, credit union, finance company, and similar businesses.

Basement. A story having a part but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations.

Bedroom. A room marketed and designed to include a window and closet to function primarily for sleeping for a maximum of two adults.

Bond. See "Performance guarantee."

Broadcast studio. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including film and sound recording, such as a radio studio, TV studio, or a telegraphic service office.

Buffer. A strip of land that is retained for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, reducing the effects of adjacent lighting, restricting passage, and enhancing the natural environment, thereby providing for a compatible mix of otherwise conflicting uses. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls, or earth berms.

Building. Any structure enclosed on all sides having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animals, or property of any kind.

Building area. That portion of a lot occupied by the principal building, including porches, carports, accessory structures, and other structures.

Building height. The vertical distance above the average elevation of the finished grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.

Building line. A line showing the nearest distance to the property line or lines that is permissible to build a structure either in compliance with this ordinance or in following a plat, deed, or private contract or covenant. The outermost projection of the extreme overall dimensions of a building as staked on the ground, including all area covered by any horizontal projection or any vertical projection to the ground of overhang of walls, or of the roof or any other part of a structure which is nearest to the property line, except that open steps, terraces, and patios may be excluded.

Building, principal. A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building. In a commercial or business complex constructed upon a single tract of land, there may be more than one principal building. A principal building shall be a permanent building which has a roof supported by columns or walls, with walls constructed of wood, metal, glass, brick, or masonry materials, which completely enclose the principal building area. A principal building shall not be a mobile building.

Building separation or spacing. The minimum distance between buildings measured from the outermost projection.

Business or professional office. A place where the administrative affairs of a business or profession is conducted such as the office of a law firm, real estate agency, insurance agency, architect, secretarial services, the administrative staff of business or industry, and the like.

Carport. An accessory structure attached to a principal building, having a roof with one or more open sides and intended for the sheltering of motor vehicles.

Car wash. A commercial establishment, approved by the Alabama Department of Environmental Management and licensed by the City of Pelham, engaged in washing or cleaning of automobiles and light vehicles. Such facility may be automated or employ the services of individuals to perform such services manually or may be a self-service, coin-operated facility.

Cellar. That portion of a building between the floor and ceiling which is wholly or partly below grade, and having more than one half of its height below grade. A cellar is not counted as a story for the purpose of height regulations.

Cemetery. Human burial grounds.

Church. A building used for regular religious worship, by the congregation or parts thereof, of any organized religion.

Clinic. A building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.

Club, private. A building or portion thereof or premises owned or operated by a corporation association, persons or person for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Common open space. Any greenbelt, park, lake, river, or recreational development or area which is owned in common or private, devoid of any buildings and other physical structures, except where accessory to the provision of recreation opportunities, and which is developed, located, and/or maintained to provide relatively permanent recreational opportunities. Common open space includes undisturbed natural areas, wildlife habitat, garden areas, nature trails, viewing areas, and other areas designed for passive enjoyment, but also including improved parks, athletic fields, playgrounds, swim and tennis facilities, or other like areas designed and intended for active pursuits. Common open space may be made available to the general public or may be restricted to use for a home owner or business association membership or segment thereof. Common open space dedicated in fee to the City or other governmental agency to be responsible for the operation and maintenance, shall not be for the exclusive use of the development.

Communal living facility. A building or structure licensed by the State of Alabama and permitted by the City of Pelham, in which three or more unrelated persons reside in a dwelling unit. These types of facilities must have a building separation greater than 1,000 feet from another communal living facility. Communal living facilities are not meant to include child foster care facilities nor facilities housing the mentally handicapped or mentally ill, where there are no more than ten such people plus two unrelated persons to either the occupants of the facility or to each other. (Code of Ala. § 11-52-75.1)

Commercial greenhouse. See "Garden center."

Comprehensive plan. The official public document prepared in accordance with Code of Ala. § 11-52-8, as amended, consisting of maps, charts, and textual material that constitutes a policy guide to decisions about the physical and social development of the City of Pelham.

Condominium. A building or a group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis.

Construct. Construct shall include build, erect, reconstruction, alteration, moved upon or any physical operations on the premises required for the building, principal structure, sign or accessory use. This definition shall include excavations, earthwork, fill, drainage work, utilities installations, and other work as it relates to the construction or use of a building, principal structure, sign or accessory use.

Convenience store. A retail store that is designed and stocked to sell primarily food, beverages, and other household goods and products to customers who purchase only a relatively few items at a time. Such an establishment may also engage in the sale of vehicle fuel, oil, and accessories.

Covenant. A written agreement between two or more parties for the performance of some action. When used in relation to property or real estate, it is generally an agreement executed between the buyer and seller of such real estate, and should be enforced by private landowners, and not the municipality, unless the proposed use violates the zoning ordinance. This term shall also include deed restrictions.

Cul-de-sac. The dead-end street terminated by a vehicle turnaround area having a minimum pavement radius of 40 feet, with a minimum radius of 50 feet to accommodate school buses or other large vehicles.

Day care center. A facility licensed by the State of Alabama, other than a residence, providing day care on a regular basis to more than six children.

Day care, home. A service licensed by the State of Alabama, operated from a residential dwelling by a resident, providing day care on a regular basis to six or less children.

Density. The minimum required lot area per dwelling unit or the maximum number of dwelling units per acre of site area.

Development. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, alteration, relocations, 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.

District. A section or sections of the City of Pelham for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Drive-in theatre. A theatre so arranged and conducted that the customer or patron may view the performance while being seated in a vehicle.

Driveway. A private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.

Duplex. Residential structure, divided horizontally or vertically, and designed for or occupied by two dwelling units, contained entirely under one roof on one lot.

Dwelling. Any building or portion thereof, which is designed or used exclusively for residential occupancy.

Dwelling, attached family. A building designed and arranged to provide separate sleeping, cooking and kitchen accommodations and toilet facilities for occupancy of more than one family whereby the individual living units are built for sale, in fee simple, and not for lease and including duplexes, cluster homes and townhomes.

Dwelling, multiple. A structure designed or used for residential occupancy by more than two families, with separate kitchen or dining facilities, including apartments, apartment hotels, fraternities, sororities, dormitories, row houses, townhouses, and similar housing types, but not including hotels, motels, hospitals, or nursing homes.

Dwelling, single-family. A detached building so designed and arranged to provide sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by one family only.

Dwelling, two-family. A building so designed and arranged to provide separate sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by two families.

Dwelling unit. One or more rooms located within a building and forming a single habitable unit with facilities, which are used or intended to be used for living, sleeping, cooking and eating purposes.

Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above said lot or lots. No easement shall be recognized under this ordinance which has not been created through a valid legal instrument and recorded in the Office of the Judge of Probate of Shelby County, Alabama, established by the city through continuous historic use, or created by court order.

Earthwork. The breaking of ground, except common gardening and ground care.

Family. One or more persons occupying a dwelling and living as a single housekeeping unit, all but two of whom are related to each other by birth, adoption or marriage, as distinguished from a group occupying a boarding house, rooming house, or hotel. However, notwithstanding the preceding definition, a family shall also be deemed to include up to three unrelated persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if any one or more of said three unrelated occupants is handicapped as defined in Title VIII of the Civil Rights Act of 1968 as amended by the "Fair Housing Act Amendments of 1988" and the "Alabama Fair Housing Law," Code of Ala. 24-8-1, et seq. Such unrelated individual(s) shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as first defined herein. (Amended per the approval of the U.S. District Court in the Consent Settlement of CV93-PT-1409-S.)

Fence. A structure intended for a barrier or enclosure.

Filling. The depositing and compaction of soil or other materials by following the proper engineering standards to alter the elevation of a given site.

Floor area. The gross horizontal areas of all floors, including penthouses (but excluding such areas within a building which are used for parking) measured from the exterior faces of the exterior walls of a building. Basements and cellars shall not be included in the gross floor area.

Floor area, nonresidential. The gross floor area, including basement, of any structure.

Foundation survey. A survey prepared and certified as to its accuracy by a surveyor who is licensed by, and registered with, the State of Alabama as a surveyor, clearly showing the location of the foundation for the building or other structure, decks, porches, or any other appurtenance to the structure to be constructed on the site; the distance between such foundation and the boundary lines and rights-of-way of such lot or parcel; and all easements and building setbacks on said parcel.

Fowl. Domestic birds, kept on a farm for use and profit. These include chickens, turkeys, ducks, geese, quail, guineas, ostriches, etc.

Frontage, street. All the property on one side of a street between two streets which intersects such street (crossing or termination), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between a street which intersects such street and the dead end of the street.

Funeral home. A commercial establishment engaged in funeral and undertaking services for human burial, cremation, or placement in a mausoleum.

Garage, private. A private garage is a garage for which the principal use is storage of privately owned vehicles and constituting an accessory use on the lot.

Garage, storage or parking. A deck or building, or part thereof, used or intended to be used for the parking and storage of motor vehicles.

Garden center. A place of business where garden-related products and produce are sold to the retail consumer. These centers, which may include a nursery and/or commercial greenhouse, bring in most items offered for sale from other locations. These items may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm tools and utensils.

Gasoline station. Any building, structure, or land used primarily for the dispensing, sale or offering for sale at retail of any automobile fuels, or oils, but not including major repair work such as motor overhaul, body and fender repair or spray painting.

Grade. The average level of the finished ground surface adjacent to the exterior walls of the building.

Gross site area. The total land area to be classified as the planned unit development.

Group home/family care home. A dwelling shared by ten or less mentally handicapped persons, which may in addition include two resident staff who need not be related by blood or marriage to each other or to any of the mentally retarded or mentally ill persons living within, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care. (Code of Ala. § 11-52-75.1, Regulations as to housing of mentally retarded or mentally ill persons in multifamily zones, as amended.)

Grocery store. A retail establishment in which the primary function is the sale of food items. Such an establishment may also include beverages, household supplies, personal care items, magazine sales, the sale of automobile maintenance supplies, a deli and/or bakery, etc.; but, shall not engage in any form of vehicle repair or maintenance or the sale of vehicle fuel.

Hazardous uses. All uses which involve the storage, sale, manufacture, processing or handling of materials which are easily ignited and likely to burn with moderate rapidity or cause smoke, including materials and/or chemicals which are highly flammable, explosive, noxious, toxic, or are otherwise inherently dangerous to humans, animals, land, crops, or property.

Home occupation. A business, profession, occupation, or trade conducted for gain or support, and located entirely within the living area of a dwelling as an incidental activity of the residents of that dwelling and employing only the inhabitants thereof, in which not more than 25 percent of the dwelling is used for said home occupation. Said home occupation shall be clearly incidental and secondary to residential occupancy, shall not involve any advertising and display or storage of materials or exterior identification of the home occupation or variation from the residential character of the premises. A home occupation shall not create noise, produce odors, vibration, electrical interference, or traffic safety hazards or congestion, nor interfere with the health, safety, morals, convenience, and/or general welfare of the public. (See Article XXV, section 6, detailed use regulations, home occupation.)

Hospital. A public or proprietary institution providing medical diagnosis, treatment, or other care of human ailments, operating under license by the Alabama State Health Department, and which, unless otherwise specified, shall be deemed to include institutions primarily for treatment of contagious diseases and the insane or feebleminded but not including nursing homes.

Hotel. A building in which lodging, or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. The facility may provide additional services as restaurants, meeting rooms, banquet rooms, gift shops, and recreational facilities.

Independent living facility. A residential building or complex, which groups seniors for the purpose of social interaction and mutual support in a common interest community. Group facilities may be provided on premises for recreation and social interaction, but only limited support services are typically provided.

Industrial (manufacturing), heavy. All other types of manufacturing not included in the definitions of light manufacturing. Any uses, which are detrimental to property or to the health and safety beyond the zoning district, by reason or the emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material are prohibited.

Industrial (manufacturing), light. The manufacture (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, packaging or testing of such products or equipment, including the incidental storage, sale, and distribution of such products, including research activities. Said district imposes absolutely no danger to health or safety in surrounding area, and does not create any objectionable noise, vibrations, smoke, dust, odor, heat, glare, or pollutants.

Inoperative motor vehicle. A motor vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.

Institution. The structure or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on nonprofit functions of a public or semipublic nature, including but not limited to hospitals, schools, churches, fraternal orders and orphanages, and also including residential accessory uses, such as rectories, parsonages, dormitories and dwellings for resident administrators, watchmen, custodians or caretakers.

Junkyard (vehicular). A parcel and/or lot used for the outside placement, storage, parking, dismantling, or disassembling of any disabled or inoperable vehicles, or parts thereof, including, but not limited to motors, tires, wheels, axles, transmissions and other accessories. (Code of Ordinances, City of Pelham, Alabama, section 5-22.)

Jurisdiction. As used in this ordinance, jurisdiction is the corporate limits of the political subdivision known as the City of Pelham, which adopts this ordinance for administrative regulations within its sphere of authority, and to also include any tracts of land subsequently annexed into the corporate limits.

Kennel. The premises of any person engaged in the business of breeding, buying, selling, or boarding dogs.

Kennel, inside. A building in which six or more domestic animals are permanently or temporarily boarded, groomed, trained, or treated, for compensation.

Kennel, outside. A lot or premises on which six or more domestic animals are permanently or temporarily boarded, groomed, trained or treated, for compensation.

Land use district. Delineation of land area intended for a specific use.

Landscaping. The finishing and adornment of unpaved yard areas. Materials and treatments generally include naturally growing elements such as grass, trees, shrubs, and flowers, and may include the use of landscape timbers, rocks, fountains, water features, or contouring of the earth.

Landscape architect. A landscape architect registered by the State of Alabama.

Livestock. Domestic animals, kept on a farm for use and profit. These include cows, horses, goats, sheep, swine, etc.

Loading space. A space having a minimum dimension of 14 feet wide by 40 feet long, where vans are to be received, and a minimum dimension of 14 feet wide by 60 feet long, where tractors and semitrailers are to be received, and all having a minimum clear height of 15 feet, within the principal building or on the same lot and not extending into the road right-of-way, providing for the standing, loading or unloading of trucks. See Article XXIII, off-street parking and loading requirements.

Lot. A parcel of land intended for transfer of ownership or for building development, which shall be comprised of land area or a combination of land area and water surface area which complies with the area and dimensional regulations of the zoning district in which it is located. Each lot shall be comprised of land area in an amount equal to or greater than the minimum lot area required in the zoning district in which it is located. Said land area shall be contiguous and have principle frontage upon a public street.

Lot, corner. A lot abutting two or more streets at their intersections. Front yard building setbacks shall be observed on all sides abutting streets.

Lot depth. The mean horizontal distance between the front and rear lot lines.

Lot line. Each line bounding a lot which divides one lot from another or from a street or from any public or private place.

Lot line, front. In the case of a lot line abutting upon one street. The front lot line is the line separating such lot from such a street. On corner lots the front lot line shall be considered as parallel to the streets upon which the lot is located.

Lot line, rear. The rear lot line is that opposite from the front line. In case of a lot terminating at a point at the rear of the lot, or having a rear lot line less than ten feet long, the rear lot line shall be considered a line parallel to the front lot line having a length not less than ten feet long.

Lot line, side. Any lot line other than front lot line or rear lot line.

Lot, through. A lot other than a corner lot abutting two streets.

Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the Office of the Judge of Probate of Shelby County, Alabama, or a parcel of land described by metes and bounds, the plat of description of which has been recorded in said office. If a portion of a lot or parcel has been conveyed at the time of the adoption of this ordinance, the remaining portion of said lot or parcel shall be considered a lot of record.

Lot width. The width of the lot at the front building setback line.

Lounge. Any place or premises engaged in the preparation, sale or serving of liquor for consumption on the premises. This shall include, but not be limited to, the following terms: taverns, bars, cocktail lounges, nightclubs, discotheques, or dance halls, and similar uses where liquor consumption is a primary activity on the premises of the establishment. Not included in this definition are establishments such as restaurants which sell beer, wine, or liquor as an incidental activity on the premises, with said activity being less than 40 percent of the gross sales; and establishments which sell liquor, beer, or wine in packages for off-premises consumption only, such as a package store, state alcoholic beverage store, convenience store, supermarket, or similar establishment.

Manufactured (mobile) home. A detached unit for commercial, residential, or industrial purposes designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers and arriving at the site where it is to be occupied complete and ready for occupancy or use except for minor and incidental unpacking and assembly operations, foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.

Manufactured (mobile) home park. An area containing one or more mobile homes used as living facilities, or an area containing one or more spaces designed or intended for parking of mobile homes to be used as living facilities.

Miniwarehouses. Five or more individual storage spaces with separate access to each space rented to the public, wherein no retail or wholesale trade is conducted, and conforming to the generally accepted concept of such warehouses as set forth in Article XVII, B4 miniwarehouse district.

Mixed use building. A single building used for both commercial and residential uses occupying separate floor levels.

Mixed use district. A single district containing buildings utilized for residential, commercial, office and municipal use or a mixture thereof integrated within a planned unit development.

Motel. A motel or motor court is a business comprised of a dwelling unit or a group of dwellings or dwelling units so arranged as to furnish overnight accommodations for transient guests.

Motor vehicle. Every vehicle which is self-propelled, but not operated upon rails.

Nonconforming lot of record. Any lot, validly recorded in the Office of the Judge of Probate, Shelby County, Alabama, which complied with all applicable laws, ordinances, and regulations in effect on the recording date.

Nonconforming use. The use of any structure, building, or land which was lawful at the time of passage of this ordinance, or amendment thereto, but which use does not conform, after the passage of this ordinance or amendment thereto, with the use regulations of the district in which it is situated. (See Article XXVI, nonconforming uses of land and buildings.)

Nursery. An enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.

Nursing home/nursing care facility. An institution licensed by the State of Alabama maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital, but at a higher level than provided in a domiciliary care facility or assisted living facility.

Office. Space or rooms for professional, administrative, clerical and similar uses.

Office building. A building whose predominant use is for offices.

Outside storage. The keeping in an unenclosed or fenced area, of any goods, materials, products, or merchandise.

Park. A public or private area of land, with or without buildings, intended for active or passive recreational uses.

Park and ride facilities. Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage car pooling for purposes of commuting, or for access to recreation areas.

Parking aisle. That portion of the parking area consisting of lanes providing access to parking spaces.

Parking area. An open, unoccupied space, which is surfaced by either bituminous pavement or concrete, used or intended to be used for parking of vehicles, with or without charge, and in which no other business is conducted. (See Article XXIII, off-street parking and loading requirements.)

Parking space, off-street. An accessible space, which is surfaced by either bituminous pavement or concrete, permanently reserved for the temporary storage of one vehicle, connected with a street by a driveway or an alley, having a minimum area of not less than 180 square feet, a minimum width of nine feet, and a minimum length of 20 feet, exclusive of driveways, maneuvering areas, and parking structures. (See Article XXIII, off-street parking and loading requirements.)

Performance assurance. A legally binding agreement with the city by which a developer assures the construction of improvements required by this ordinance.

Performance guarantee. Financial security filed by the developer with the city clerk to assure the construction of all required improvements at a specified time in the future.

Planned unit development. A development project comprehensively planned as a single entity via a unified site plan which permits mixtures of housing types and land uses, usable open spaces, and the preservation of natural features.

Plat. Any drawing or drawings and related written material indicating the proposed manner or layout of a road, parcel, and/or subdivision to be submitted to the City of Pelham for approvals and/or recording purposes.

Plot plan. A plat of a lot, drawn to scale and certified as to its accuracy by a surveyor who is licensed by, and registered with, the State of Alabama as a surveyor, showing the actual measurements, the size and location of any existing buildings or structures, or proposed buildings or structures, along with any easements and building setbacks, and the location of the lot in relation to abutting streets or rights-of-way, and similar information. The proposed structures are staked out by said registered land surveyor or an employee under his direct supervision.

Porch. A roofed open area, which may be screened, attached to and with direct access to or from a building.

Premises. A lot, together with all building and structures existing thereon.

Principal use. The primary use of a property as distinguished from other uses which shall be permitted only as accessory uses or prohibited altogether as provided for each zoning district.

Property line. See "lot line".

Public assembly center. Buildings arranged for the general assembly of the public at large for community events including civic centers, places of worship, schools, coliseums, stadiums, and similar uses.

Public buildings. Buildings arranged for the purpose of providing public services, not otherwise listed in this section, including museums, government offices, post offices, transit stations, police stations, fire stations, emergency medical service stations, civil defense operations, and similar uses.

Recreational vehicle:

(1)

A vehicle or a unit that is mounted on or drawn by another vehicle primarily designed for temporary living. Recreational vehicles include travel trailers, camping trailers, truck campers, and motor homes. A recreational vehicle shall not be permanently affixed to the ground or any structure.

(2)

A recreational vehicle shall also include all-terrain-vehicles (ATV's), motorcycles, and watercraft.

Recycling facility. A facility that is not a junkyard and in which recoverable resources (such as newspapers, magazines, books, and other paper products; glass; plastics; metal cans; and other products) are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

Rehabilitation facility. An institutional facility providing residential and custodial care for the rehabilitation of physically or socially impaired individuals who are recovering from an accident or medical disability. A rehabilitation facility is not to be confused with a treatment facility. For the definition of the latter, see "treatment facility."

Renovation. Interior or exterior remodeling of an existing building or structure, with the exception of painting.

Rental establishment. A commercial establishment, where no outside storage is allowed, engaged in the rental of a wide variety of goods, including but not limited to furnishings, appliances, audio/video equipment, meeting supplies, wedding supplies, party supplies, and tools.

Rental equipment, heavy. A commercial industrial establishment, where outside storage shall be allowed, engaged in the rental of heavy equipment.

Rental equipment, light. A commercial establishment, where outside storage shall be allowed, engaged in the rental of light equipment.

Restaurant or coffee shop. An establishment where food is cooked or prepared, patrons dine on or off the premises, and where there is no drive-up or walk-up window service or service to customers in their vehicles.

Restaurant or coffee shop, drive-up. An establishment where food is cooked or prepared, patrons dine on or off the premises, and where there is drive-up or walk-up window service to customers in their vehicles.

Restaurant, catering. An establishment where food is cooked or prepared exclusively for delivery off the premises by employees.

Retail establishment. The provision of limited services or the sale of goods and merchandise for a profit to the general public at large for use, benefit, or consumption.

Right-of-way. The total width of any land reserved or dedicated as a road or a street, pedestrian way, or for other public or private use.

Road. That portion of a public thoroughfare or right-of-way intended for use by vehicles.

Salvage yard. See "junkyard (vehicular)" or "recycling facility".

Satellite dish antenna. An accessory structure designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.

School. A public or nonprofit educational facility.

School, commercial. Private, gainful business providing instructional service in general education, arts, business, crafts, trades, and professions.

School, industrial. Private, gainful business providing instruction in industrial trades, or in the service and operation of heavy equipment or heavy trucks, or any similar school requiring outside storage.

Screen. To visually shield or obscure one abutting or nearby structure or use from another by means of opaque fencing, walls, berms, or densely-planted vegetation.

Setback. The required minimum distance between a structure and the front, side, or rear lot line.

Shopping center. A group of commercial establishments located on a tract of land, planned and developed in a unified manner and design, with shared parking and driveway facilities and under a common ownership or management authority. A shopping center may also include out parcels under separate ownership which share entrances and/or parking with the shopping center.

Sidewalk. The improved portion of a public right-of-way that is intended for use by pedestrians or other improved area designated for pedestrian use.

Site plan. A plan which outlines the use and development of any tract of land, and is signed, stamped, and dated by a professional engineer, licensed by the State of Alabama.

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.

Story. That portion of a building other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street. A thoroughfare which affords a principal means of access to abutting property and which has been accepted by the city as a public street.

Street level. Any floor at the level of a public street or thoroughfare or private street or parking lot utilized by the public for access to a building or adjacent or surrounding uses. A building may have more than one street level floor depending on its configuration and elevation of the parcel upon which it is sited.

Street line. A dividing line between a lot, tract, or parcel of land and a contiguous street.

Street, private. A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

Strip mall. See "shopping center."

Structure. Anything constructed or erected, the use of which required a location on the ground, or attached to something having a location on the ground, including but not limited to buildings, signs, billboards, backstops for tennis courts, fences or radio towers.

Structural alteration. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

Subdivision. The division of a lot, tract, or parcel of land into two or more lots, plats, sites or other division or land, whether described by metes and bounds or by any other description, for the purpose (whether immediate or future) of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Surveyor. A land surveyor, who is registered by the State of Alabama Board of Registration for Professional Engineers and Land Surveyors.

Telecommunications facility. A facility owned or operated by a public utility or a business that transmits and/or receives electromagnetic waves, digital transmissions, or pulses of light, and may include antennas, microwave dishes, horns, fiber optic lines, cellular towers, and other types of equipment for the transmission or receipt of such signals, and may include telecommunications towers or alternative supporting structures and uses.

Theater, motion picture. A building used primarily for the presentation of motion pictures.

Townhouse. Two or more dwelling units, attached by a common side wall(s), each unit of which is located on an individual lot and designed to be occupied and owned by one family.

Trailer. See "manufactured (mobile) home."

Trailer court. See "manufactured (mobile) home park."

Treatment facility. As defined in Ordinance No. 288-5, dated April 3, 2006, any person, firm or corporation (other than a municipal, county, state, or federal governmental agency) providing counseling, treatment, evaluation, and/or housing overnight for such counseling, treatment, and/or evaluation of persons who:

(1)

Suffer from or are being counseled, treated or evaluated for substance, drug, or alcohol abuse or chemical dependency or diagnosis, or who suffer from or are being treated for any psychiatric, psychological, emotional or behavioral problem or disorder; or

(2)

Are being counseled, treated and/or housed overnight by such facility as the direct or indirect result of arrest or court order or who have misdemeanor or felony criminal charges pending against them; or

(3)

Are the parties in any civil or criminal action in any municipal, county, state or federal court or the subject of any court order or proceedings in any civil or criminal court in any pending case, or who were ordered to such facility or referred thereto by any municipal, county, state or federal court or any government agency to receive counseling, treatment or evaluation for any substance, drug, or alcohol abuse or chemical dependency or any psychiatric, psychological, emotional or behavioral problem or disorder; or

(4)

Were removed from any prior custodial environment and placed in such facility for counseling, treatment, or evaluation due to allegations of abuse or neglect or as a result of any substance, drug, or alcohol abuse or chemical dependency or any psychiatric, psychological, emotional or behavioral problem or disorder within the city limits, whether or not such services are provided at the same location as or in conjunction with a school or educational services. This definition shall not apply to the office of a licensed practicing physician, psychiatrist, or psychologist who provides counseling, treatment, or evaluation for any substance, drug, or alcohol abuse or chemical dependency or any psychiatric, psychological, emotional or behavioral problem or disorder as part of the general professional practice of such physician, psychiatrist, or psychologist, provided the practice does not provide overnight housing in conjunction with such services.

A treatment facility is not to be confused with a rehabilitation facility. For the definition of the latter, see "rehabilitation facility."

Use. A use is the purpose for which land or building and structures thereon are designed, arranged, or intended to be used, occupied or maintained.

Variance. Relief granted pursuant to the provisions of Article XXVII, section 9, board of adjustment, variances.

Vehicle and equipment sales or rental (major). A place of business engaged in the sale or rental of heavy trucks, construction equipment, tractors and farm implements and equipment, including the storage, maintenance and servicing of such vehicles and equipment.

Vehicle and equipment sales or rental (minor). A commercial establishment engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational vehicles, motorcycles, boats or other watercraft, including the incidental parking, storage, maintenance, servicing and repair of such vehicles. All servicing and repair work shall be performed within an enclosed building.

Vehicle repair (major). A place of business engaged in repair and maintenance of motor vehicles (see definition of "motor vehicle") including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities in which all work is performed entirely within an enclosed building.

Vehicle repair (minor). A place of business engaged in the sales, installation and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, front end alignment, tire balancing, brake and muffler work, battery recharging and/or replacement, and similar activities, and in which all work is performed entirely within an enclosed building.

Veterinary hospital or clinic. A place where small household pets are given medical or surgical treatment and short term boarding of pets within an enclosed building may be provided.

Warehousing, wholesaling, and distribution, enclosed. A place of business engaged in warehousing, wholesaling, or distribution services enclosed within a building or group of buildings.

Yard. An open space between a building or use and the adjoining lot lines; unoccupied and unobstructed by any structure or use from the ground upward, except as otherwise provided in Article XXII, sign ordinance. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum distance between the lot line and the principal building shall be used. A required yard shall mean a yard the depth of which is specified in the area and dimensional regulations pertaining to the district in which such a yard is required to be provided.

Yard, front. A yard, or yards in the case of a corner lot, extending across the full width of the lot between the front lot line(s) and the nearest line of the principal building.

Yard, rear. A yard extending across the full width of the lot between the rear lot line and the nearest line of the principal building.

Yard, side. A yard between the principal building and the side lot line and extending from the required front yard to the required rear yard.

Zoning map. The map referred to in Article IV, section 3 of this ordinance.

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