This Ordinance has been drafted, subjected to public review, recommended by the Phenix City Planning Commission, and adopted by the Phenix City City Council (hereinafter "the Council") under the authority of Title 11, Chapter 52, of the Code of Alabama, 1975 Compilation, as amended.

This Ordinance shall be known as the Phenix City Zoning Ordinance, and the Zoning Map, which is a part of this Ordinance, shall be known as the Official Zoning Map.

The specific purpose of this Ordinance is to influence the use of property within the City of Phenix City (hereinafter "the City") in accordance with Title 11, Chapter 52, of the Code of Alabama, 1975 Compilation, as amended; and generally to implement and support the Comprehensive Plan and the Developmental Policies of the Council.

The provisions of this Ordinance apply to all property located within the corporate boundary of the City. All uses, structures, sites, lots and parcels must be in compliance with the provisions of this Ordinance.

1.04.01.

Minimum Requirements. The provisions of this Ordinance are considered minimum requirements to promote the public health, safety, and welfare.

1.04.02.

Conflict with Other Regulations. In any situation in which there is a conflict between the provisions of this Ordinance, and those of any statute, or any local law or regulation, the most restrictive of such provisions applies and is enforced.

1.04.03.

Severability. If any clause, portion, provision, or section of this Ordinance is held to be invalid by any court of competent jurisdiction, such holding does not render invalid any other clause, portion, provision, or section.

1.04.04.

Repeal of Conflicting Ordinances. On the effective date of this Ordinance, all other local Ordinances or parts of Ordinances in conflict or inconsistent with this Ordinance, and all amendments thereto, are hereby repealed to the extent necessary to give this Ordinance full force and effect.

1.05.01.

Official Zoning Map.

a.

The City is hereby subdivided into zoning districts as shown on the Official Zoning Map. The Official Zoning Map, together with all explanatory materials it contains, is made a part of this Ordinance. This map is kept in the office of the Building Department.

b.

The Official Zoning Map is signed by the Mayor, attested by the City Clerk, and shows the number and date of adoption of this Ordinance.

c.

Any changes made in district boundaries, or any other matter portrayed on the Map, are entered on the map by ordinance number and date of adoption within ten days of such adoption.

d.

If the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Council may by resolution adopt a new Official Zoning Map. This new map may correct drafting or other errors or omissions, but no such correction may result in amending the map.

1.05.02.

Zoning Districts. For the purposes of this Ordinance, the area within the corporate boundary of the City is subdivided into the following zoning districts:

1.

R-1: Low Density Residential District (Includes R-1A and R-1B).

2.

R-2: Medium Density Residential District.

3.

R-3: High Density Residential District.

4.

A-1: Low Density Residential and General Agricultural District.

5.

MX-1: Limited Mixed Use District (formerly A-O District).

6.

C-1: Core Commercial District.

7.

C-2: General Commercial District.

8.

C-3: Neighborhood Commercial District.

9.

C-4: Highway Commercial District.

10.

M-1: General Manufacturing District.

11.

M-2: Heavy Manufacturing District.

12.

INST: Institutional District.

13.

MED: Medical District.

14.

C-O: Corridor Overlay District.

15.

PD: Planned Development District, see §6.03 Planned Development District.

1.05.03.

District Boundaries. The boundaries of the zoning districts shown on the Official Zoning Map are intended, as far as possible, to follow lot lines, the centerlines of streets or alleys, the centerline of railroad tracks, the centerlines of streams and watercourses, and the corporate boundary. Boundaries shown as parallel to any of the above features are construed as parallel to the feature at the distance determined by the scale of the map. Where any boundary cannot be accurately determined from the map, the Board of Zoning Adjustment (hereinafter "BOZA") determine where such boundary is officially located.

Following the adoption of this Ordinance, any property annexed into the City will be pre-zoned for annexation into the corporate limits of the municipality following the provisions of this Ordinance and Title 11, Chapter 52, Article 4, Code of Alabama. Any subsequent rezoning of such property follows the procedures for map amendments set forth in §12.01 Amendments.