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Pelham City Zoning Code

ARTICLE IV

RESIDENTIAL DISTRICTS

Sec. 4.01.- General regulations.

4.01.01. Uses.

A.

In each district, only the uses specifically listed in table 4-2 as "permitted by right," "conditional use" or "special exception" are allowed. For conditional uses, refer to section 13.07, Conditional uses. For special exceptions, refer to section 12.05, Special exceptions.

B.

Accessory structures may not involve an activity connected with any business or manufacturing use, nor may such accessory structure be used as living quarters, except where permitted as an accessory dwelling.

C.

Recreational vehicles may not be connected to power, water, or sanitary facilities nor used as a dwelling.

D.

Prohibited uses.

1.

Par three golf course, miniature course, or practice golf driving range operated for commercial purposes.

2.

All commercial and industrial uses except as specified in table 4-2.

4.01.02. Area and dimensional regulations. Except as provided in article III, General Regulations, the area and dimensional regulations set forth in table 4-1 must be observed.

4.01.03. Accessory structures.

A.

Accessory structures, in aggregate, may not exceed 25 percent of the established rear yard. For other than multi-family and nonresidential uses, accessory structures may not exceed in area 30 percent of the total floor area of the principal dwelling.

B.

For all residential uses, accessory structures and swimming pools may not extend forward of the rear building line of the principal dwelling, except as provided in section 3.02, Area and dimensional regulations.

C.

Accessory structures must be set back at least five feet from side and rear lot lines and must be set back one additional foot for each foot in height above eight feet.

D.

Detached carports are subject to all regulations applicable to accessory structures. Carports are not considered attached unless they are of the same exterior and roofing materials of the dwelling.

E.

Private swimming pools must be enclosed by a fence of not less than four feet in height. No mechanical appurtenance or pool may be within ten feet of any lot line.

F.

Storage containers may be kept forward of the front building line for no more than 14 days and require a portable storage container permit. Storage containers kept for longer than allowed through such permits are considered accessory structures and must comply with all applicable requirements in this subsection.

4.01.04. Parking regulations.

A.

Off-street parking must be provided in accordance with article IX, Parking and Loading.

B.

Boats, trailers, recreational vehicles, and similar items may not be parked so that available parking is reduced below that required in article IX. For proposed and existing subdivisions and multi-family developments, a screened storage area may be provided at the developer's discretion on a separate lot or common area with a suitable paved bituminous or concrete surface for parking boats, trailers, recreational vehicles, and similar vehicles. If provided, such storage areas must contain a minimum of one storage space per dwelling without a garage. Screening must be in accordance with section 10.02, Screening.

4.01.05. Landscaping and buffers must be in accordance with article X, Landscaping and Buffers.

4.01.06. Any signage must be in accordance with article VIII, Signs.

4.01.07. Utilities within proposed residential subdivisions or phases thereof are subject to the requirements in the subdivision regulations, including placement underground within street rights-of-way and easements. Outside of street rights-of-way, all utilities must be placed underground.

Sec. 4.02. - E-1 estate residential district.

4.02.01. Intent. The intent of this district is to provide areas suitable for single-family residences on large, estate lots, free from other uses which are incompatible with the character and intent of the district.

Sec. 4.03. - R-1A single-family residential district.

4.03.01. Intent. The intent of this district is to provide areas suitable for single-family residences on large lots, free from other uses which are incompatible with the character and intent of the district.

Sec. 4.04. - R-1B single-family residential district.

4.04.01. Intent. The intent of this district is to provide areas suitable for single-family residences on moderately-sized lots, free from other uses which are incompatible with the character and intent of the district.

Sec. 4.05. - R-2 two-family residential district.

4.05.01. Intent. The intent of this district is to provide areas suitable for single-family dwellings and duplexes on moderately-sized lots, free from other uses which are incompatible with the character and intent of the district.

4.05.02. Additional regulations. Duplexes may not be established between two detached single-family dwellings on the same block frontage.

Sec. 4.06. - R-3 garden home residential district.

4.06.01. Intent. The intent of this district is to provide areas suitable for single-family dwellings on small lots, for which common open space is provided, free from other uses which are incompatible with the character and intent of the district.

4.06.02. Additional regulations (when applicable).

A.

All dwellings must have a garage for the storage of a minimum of one vehicle. Garages accessed from the front of the lot must be at least 50 feet from the front lot line and must be accessed via a suitable hard bituminous or concrete surface driveway that runs from the street, along the side of the dwelling, to the garage. Garages must be set back at least five feet from the side lot line. Garages must be at least 15 feet from any existing or planned permanent structure (as shown on the final plat for any proposed R-3 subdivision) on an abutting parcel measured from the closest outside wall to closest outside wall.

B.

If garages are provided to the rear of dwellings, then an unobstructed 15-foot access easement must be provided and paved with a suitable hard bituminous or concrete surface to provide shared driveway access from abutting streets to such garages.

Sec. 4.07. - R-4 townhouse residential district.

4.07.01. Intent. The intent of this district is to provide areas suitable for attached single-family dwellings, for which common open spaces is provided, free from other uses which are incompatible with the character and intent of the district.

4.07.02. Additional regulations (when applicable).

A.

If garages are provided to the rear of dwellings, then the required 15-foot easement must be paved with a suitable hard bituminous or concrete surface to provide shared driveway access from abutting streets to such garages. Such rear garages must be set in accordance with section 3.03.08, Accessory structures.

Sec. 4.08. - R-5 multi-family residential district.

4.08.01. Intent. To provide multi-family residential areas in which open space and compatibility with residential neighborhoods are primary considerations.

4.08.02. Use regulations.

A.

Residential accessory structures permitted for multi-family developments include rental offices, laundries, vending machines, snack bars, maintenance, storage and garage structures, mail facilities, pavilions and other recreational structures, and other structures for use by only the residents and employees of the development. These structures are subject to business license requirements, if applicable.

4.08.03. Area and dimensional regulations.

A.

More than one multi-family building may be located upon a lot or tract. The open space between protruding portions of buildings measured at the closest point may 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.

4.08.04. Additional regulations (when applicable).

A.

A storage space of not less than four feet by four feet must be provided for each dwelling unit.

B.

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

C.

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

D.

Any garbage/refuse service areas must 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 must be in accordance with section 10.02, Screening.

Table 4-1. Area and Dimensional Requirements; Residential Districts.

E-1 R-1A R-1B R-2 R-3 R-4 R-5
Maximum height
of structures
In stories 3
In feet 35 35 35 35 35 35 50
Minimum yard setbacks (ft.) Front/Primary front 35 35 30 30 20 25 1 25
Secondary front n/a n/a n/a 25 15 15 n/a
Side 12 12 10 10 2, 3 3, 4 25
Rear 40 40 35 30 25 25 35
Minimum lot area 1
acre
18,000 sf. 12,000 sf. 10,000 sf. 7,000 sf. 2,400 sf. 5 One
acre 6
Minimum lot width 125 ft. 100 ft. 90 ft. 90 ft. 70 ft. 24 ft. 200 ft.
Maximum height of accessory structures (ft.) 25 ft. 50% of the height of the dwelling 7,8 10 ft. 8 10 ft. 8 25 ft.
Minimum floor area of dwellings (sf.) 1,500 1,500 1,400 1,200 1,200 1,200 n/a
Minimum common open space n/a 5% 9 5% 9 10% 10 10% 11 10% 11 10%
1   The minimum front yard setback is reduced to 20 feet if there is no driveway within that yard.
2   Ten feet along one side lot line and five feet along the opposite side lot line. A minimum ten-foot side yard setback must be provided along the side lot line if a five-foot setback is provided along the same side lot line on the abutting lot.
3   For zero lot line dwellings, no side setback is required on one side. In the R-3 district, a minimum 15-foot side setback must be provided on the opposite side. In the R-4 district, a minimum ten-foot side setback must be provided on the opposite side.
4   There is no minimum side yard setback between attached units. End units must provide a minimum side yard setback of ten feet on the unattached side.
5   3,400 square foot average lot area for each attached group of attached single-family dwellings.
6   Maximum density: 15 dwelling units per acre.
7   In no case are accessory structures required to be less than eight feet in height.
8   Does not apply to detached garages, which may not exceed 15 feet in height.
9   Applies to developments containing 50 or more dwellings.
10  Applies to developments containing 40 or more dwellings.
11  Applies to developments containing 30 or more dwellings.

 

Table 4-2. Use Regulations; Residential Districts.

P: The use is permitted by right.

SE: The use requires special exception approval, see section 12.05.

C: The use requires conditional use approval, see section 13.07.

A blank cell indicates the use is prohibited.

E-1 R-1A R-1B R-2 R-3 R-4 R-5
Accessory dwelling, subject to Sec. 7.03 P P P SE
Caretaker dwelling P P P P P P
Conservation subdivision, subject to Sec. 7.10 P P P P P
Cottage development or subdivision, subject to Sec. 7.11 P P P
Duplex P P
Multiplex P
Multi-family dwellings, subject to Sec. 7.26 P
Single-family dwelling, detached P P P P P P
Single-family dwelling, attached, subject to Sec. 7.33 P
Single-family dwelling, zero lot-line, subject to Sec. 7.37 P P
Accessory structures, residential P P P P P P P
Amateur radio tower, subject to Sec. 7.02 P P P SE SE
Assisted living and nursing care facilities, subject to Sec. 7.27 P
Bed and breakfast 1 , subject to Sec. 7.06 P SE SE SE
Boarding house, subject to Sec. 7.07 P
Communal living facility SE
Day care center, subject to Sec. 7.12 C C C C
Family day care home, subject to Sec. 7.12 P P P P P P
Group day care home, subject to Sec. 7.12 P SE SE SE SE
Golf courses P P P P P
Group Home, Class I, II 2 and III, subject to Sec. 7.17 P P
Group Home, Class IV 3 , subject to Sec. 7.17 SE P
Home occupation, subject to Sec. 7.18 P P P P P P P
Independent Living Facility P
Nighttime home, subject to Sec. 7.12 P SE SE SE SE
Places of worship P P P P P P P
Public facilities P P P P P P P
Recreation facilities, Community P P P P P P P
Short-term Rentals, subject to Sec. 7.32 P P P P P P P
Telecommunication towers, subject to Ch. 5.5, communications, of this Code SE SE SE SE SE SE SE
Utility facilities, major SE SE SE SE SE SE SE
Utility facilities, minor P P P P P P P
1  In R-1A and R-1B districts, bed and breakfasts are permitted only on properties within 1,000 feet of the nearest boundary of Oak Mountain State Park.
2  In the R-2 district, class II group homes are permitted only on properties abutting a multi-family, mixed-use or nonresidential district.
3  In the R-2 district, class IV group homes may be approved as special exceptions on properties abutting a multi-family, mixed-use or nonresidential district.