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Pelham City Zoning Code

ARTICLE V.

GENERAL REGULATIONS

Sec. 1. - Use of land.

No land shall be used except for a use permitted in the district in which it is located, except as provided in Article XXIV, supplementary regulations and modifications, Article XXVI, nonconforming uses of land and buildings, and Article XXVII, board of adjustment.

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

Sec. 2. - Use of structures.

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or structure be used, except for a use permitted in the district in which such building is located, except as provided in Article XXIV, supplementary regulations and modifications, Article XXVI, nonconforming uses of land and buildings, and Article XXVII, board of adjustment.

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

Sec. 3. - Height of structures.

No structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered to exceed the height limit herein established for the district in which such structure is located, except as provided in Article XXIV, supplementary regulations and modifications, Article XXVI, nonconforming uses of land and buildings, and Article XXVII, board of adjustment.

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

Sec. 4. - Dimensional regulations.

No structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformity with the dimensional regulations of the district in which such structure is located, except as provided in Article XXIV, supplementary regulations and modifications, Article XXVI, nonconforming uses of land and buildings, and Article XXVII, board of adjustment.

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

Sec. 5. - Zoning requirements for moving buildings.

Any building or structure which is to be moved to any location within the City Limits of Pelham, shall be considered for the purpose of this ordinance to be a new building under construction, shall conform to the applicable provisions of this ordinance.

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

Sec. 6. - Encroachment on or reduction of open spaces, etc.

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, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other structure, nor shall any lot area be reduced below the lot area per family requirements of this ordinance for the districts in which such lot is located, except as provided in Article XXIV, supplementary regulations and modifications, Article XXVI, nonconforming uses of land and buildings, and Article XXVII, board of adjustment.

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

Sec. 7. - Off-street parking and loading.

No building shall be erected, converted, enlarged, reconstructed or moved except in conformity with the off-street parking and loading regulations of Article XXIII, off-street parking and loading requirements and Article XXIV, supplementary regulations and modifications.

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

Sec. 8. - Corner visibility.

No fence, wall, shrubbery, sign, marquee, or other obstruction to vision between three and one-half and ten feet above street level shall be permitted within 15 feet of the intersection of the right-of-way lines of two streets or railroads or of a street and a railroad or as otherwise required by this ordinance.

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

Sec. 9. - Building to be on lots.

Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on a lot herein defined except as provided in Article XXVI, nonconforming uses of land and buildings and Article XXVII, board of adjustment.

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

Sec. 10. - More than one principal building on one lot.

Except as provided in Article XXVI, nonconforming uses of land and buildings and Article XXVII, board of adjustment, there shall not be more than one principal building hereafter erected on one lot, with the exception of commercial or business complexes.

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

Sec. 11. - Joint occupancy.

No structure shall be erected, structurally altered for, or used as a single-family or two-family dwelling simultaneously with any other use with the exceptions of miniwarehouses as allowed in Article XVII, B4 miniwarehouse district, and of an accessory structure for the purpose of a dwelling for a watchman or custodian employed on the premises as allowed in Article XVIII, M1 light industrial district, Article XIX, M2 heavy industrial district, and Article XX, PUD planned unit development district, section 4, item 7, planned mixed use (P-MX).

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

Sec. 12. - Permits for construction.

No excavation for foundations, nor any erection, or structural alteration of any structure shall be undertaken prior to appropriate permits having been approved by the building inspector/building official and issued by the city clerk.

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

Sec. 13. - Building material storage.

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

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

Sec. 14. - Lot width at street line.

All lots shall have access to a public street. Area and dimensional regulations shall be observed with respect to the appropriate zoning district.

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

Sec. 15. - Abatement of noise, lighting, smoke, gas, vibration, fumes, dust, fire, radio interference, explosion hazard, or nuisance.

The building official and/or fire marshal may require any use 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.

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

Sec. 16. - Grading and clearing.

No lot shall be graded or cleared, nor shall 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 of Pelham, 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 shall be stabilized by seeding, hydroseeding, sodding, or landscaping.

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