2.01.01.

Words and phrases used in this Ordinance have the meaning ascribed to them in this Article. Except as defined herein or in the City Code, Building Code, State Code, or the Subdivision Regulations, all other words used in this Ordinance have their customary dictionary definition.

2.01.02.

Interpretation of Commonly Used Terms and Phrases.

a.

Words used or defined in one tense include other tenses and derivative forms.

b.

Words used in the singular number include the plural, and words used in the plural number include the singular.

c.

The masculine gender includes the feminine, and the feminine gender the masculine.

d.

The word "person" includes a firm, corporation, association, organization, trust or partnership.

e.

The word "lot" includes the meanings of the words plot, parcel and tract.

f.

The word "structure" includes the word "building."

g.

The words "must" and "shall" is mandatory and not merely directory.

h.

The word "may" is permissive. However, when used in the negative (e.g., "may not"), it is prohibitive.

2.02.01.

Accessory Structure. A detached, subordinate structure located on the same lot with the Principal Structure, the use of which is incidental to that of the Principal Structure, including, but not limited to garages, storage buildings, pools, and carports.

2.02.02.

Accessory Use. A use customarily associated with and subordinate to the Principal Use of the land or building on the same lot.

2.02.03.

Adjacent. Either Adjoining or on the opposite side of a street or other right-of-way that separates it from the subject property. Properties separated by an interstate or railroad are not considered adjacent.

2.02.04.

Adjoining. Having property or district lines in common. Properties separated by a right-of-way are Adjacent, but not Adjoining.

2.02.05.

Alteration, Altered. Any remodeling; any addition to the height, width or depth of a structure; any change in the location of any of the exterior walls of a structure; or any increase in the interior accommodations of a structure.

2.02.06.

Applicable District. That zoning district in which the subject site, use or structure exists or is proposed to be located.

2.02.07.

Approving Authority. That official or body with the authority to determine final approval of development applications and requests, including the following: for development requiring only administrative approval, the Building Official; for development involving a Special Exception or Variance, the Board of Zoning Adjustment ("BOZA"); for rezoning and Conditional Uses, the City Council.

2.02.08.

Bedroom. A room marketed, designed and otherwise intended to function primarily for sleeping and meeting Building Code requirements for such use.

2.02.09.

Board of Zoning Adjustment (BOZA). The Board of Zoning Adjustments and Appeals of the City of Phenix City, Alabama.

2.02.10.

Buffer. Land area located within the boundary of a lot that is set aside and used for landscaping to physically separate and screen one use of property from another. Buffers are intended to reduce incompatibility between adjoining uses by promoting visual harmony, reducing noise, diverting emissions, and reducing glare.

2.02.11.

Building. Any structure having a roof supported by columns or walls and designed for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.

2.02.12.

Building Area. The portion of the lot occupied by the Principal Building and all other structures, including swimming pools but not including driveways, sidewalks, and uncovered parking areas.

2.02.13.

Building Height. The vertical distance from Grade Level to the highest point of the roofing membrane along the parapet of a flat roof or to the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip and gambrel roofs.

Figure 2-1 Building Height

2.02.14.

Building Code. The most recent building, residential construction and fire-related codes adopted by the City.

2.02.15.

Building Official. The City of Phenix City Chief Building Official or their designee.

2.02.16.

Build-to Line. A line contiguous or parallel to the property line to which the façade of the Principal Building must extend.

2.02.17.

Caliper. Diameter of a tree trunk. For trees less than and including four inches in diameter, it is measured six inches from the ground. For trees greater than four inches in diameter it is measured 12 inches from the ground.

2.02.18.

City Code. The Code of the City of Phenix City, Alabama, as amended.

2.02.19.

City Council or Council. The City Council of the City of Phenix City, Alabama.

2.02.20.

Common Open Space and Facilities. Open space, signage, landscaped areas, parking areas, drainage and stormwater facilities and similar site elements when held in common ownership and maintained by a property owners association or other designated legal entity; subject to the applicable provisions of this Ordinance.

2.02.21.

Conditional Use. A use that, owing to potential danger, smoke, or noise or other special characteristics attendant to its operation or installation, may be permitted subject to special requirements different from or in addition to those normally required in the district. Conditional Uses are not considered appropriate generally or without restriction throughout a particular district but which, if controlled as to number, area, location, size, lighting, noise and other considerations, would not be detrimental to the public health, safety or general welfare.

2.02.22.

Deck. An open platform built above grade and attached to a building. In contrast to a Porch, a Deck is not covered by a permanent roof.

2.02.23.

Developed Area or Developed Lot. All land area disturbed or modified of the natural landscape on a particular site, including, but not limited to, buildings, structures, grading, and paving. If a previously developed lot contains no existing structures, is no longer connected to utility services and becomes overtaken by natural vegetation, it is considered undeveloped.

2.02.24.

Dripline. The area directly under the outer circumference of a tree branches.

2.02.25.

Dwelling Unit. Any portion of a building used, intended or designed as a separate abode for a family.

2.02.26.

Employee. In reference to parking requirements, the maximum number of persons employed at the facility regardless of the time period during which this occurs or whether the persons are full-time employees. The major shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.

2.02.27.

Engineer. A professional engineer registered and in good standing with the State of Alabama Board of Licensure for Professional Engineers and Land Surveyors.

2.02.28.

Excavation. Any man-made cavity or depression in the earth's surface including all sides, walls, or faces formed by earth removal and producing unsupported earth conditions by reasons of the excavation.

2.02.29.

Façade or Primary Façade. Any building elevation containing the primary public entrance to the building or that faces an adjoining street.

2.02.30.

Facility. A place, structure or item that is built, installed, or established to serve a particular purpose.

2.02.31.

Family. One or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from a group occupying a Boarding House, Hotel or Motel, as herein defined.

2.02.32.

Fence. An artificially constructed barrier of any kind, other than a building, erected to enclose, delineate or screen a property or portions thereof.

2.02.33.

Fire Official. That representative of the Phenix City Fire Department designated to review development proposals for their compliance with the adopted Fire Code.

2.02.34.

Flag Lot. A lot connected to the street by a narrow strip of land where the developed or developable portion of the property is located behind another property.

2.02.35.

Grade. The slope of a street or other public way, specified in percentage terms.

2.02.36.

Grade Level. For buildings, the average level of the finished grade at the front building line. For trees, landscaping, light fixtures and signs, the level of finished grade at the base of the tree, plant, fixture or sign.

Figure 2-2: Grade Level

2.02.37.

Grade, Finished. The final elevation of the ground surface after development. Or, the average elevation of the finished surface of the ground at ground level measured on any side of a structure.

2.02.38.

Grading. The preparation of a site for development, usually by leveling off to a smooth horizontal or sloping surface.

2.02.39.

Gross Floor Area (GFA). The total floor area of a building designed for both tenant occupancy and exclusive use. GFA does not include shared or common areas in multi-tenant buildings. Where the total floor area of a building is occupied or where a building has no shared or common area, GFA is the total floor area measured by taking the outside dimensions of the building at each floor level.

2.02.40.

Ground Cover. Living material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more than 12 inches.

2.02.41.

Hardship. A condition not in control of or created by the Owner or Applicant such as, but not limited to, topography, lot shape or size, location of public utilities or similar conditions deemed a hardship by the Board of Zoning Adjustment.

2.02.42.

Hardship, Self-Imposed. A condition for which a variance is sought and that is caused or brought about by the Owner or applicant, whether by their own action, inaction, knowledge or lack of knowledge. Self-Imposed Hardships are not considered a sufficient basis for variance approval.

2.02.43.

HUD Code. The National Manufactured Housing Construction and Safety Standards Act of 1974 and as amended by the Manufactured Housing Improvement Act of 2000, U.S. Code, Title 42, Chapter 70.

2.02.44.

Landscape Plan. A component of a development, site, or other plan which shows planting, fences, walls and other details of landscaping required by this Ordinance.

2.02.45.

Landscaping.

a.

Frontage Landscaping. Treatment of grade, ground cover, vegetation and ornamentation between any off-street parking area and adjoining rights-of-way. See Figure 10-1.

b.

Interior Landscaping. Treatment of grade, ground cover, vegetation and ornamentation within an off-street parking area. See Figure 10-1.

c.

Perimeter Landscaping. Treatment of grade, ground cover, vegetation and ornamentation between an off-street parking area and adjoining properties. See Figure 10-1.

2.02.46.

Loading, Off-Street. Land occupied, necessary and maintained for loading or unloading of goods, materials or things, for delivery and shipping, in a manner that vehicles may provide for such services without encroaching on or interfering with the public use of streets and alleys by pedestrians and vehicles.

2.02.47.

Lot. Land occupied or intended for occupancy by a use including the yards and parking spaces required herein.

a.

Corner Lot. A lot adjoining two or more streets at their intersection. The intersection of a street and alley does not constitute a corner. See also Figure 2-3.

1.

Double Frontage Corner Lot. A Corner Lot adjoined on each side by an Interior Lot.

2.

Single-Frontage Corner Lot. A Corner Lot adjoined on one side by an Interior Lot and on the other side by another Corner Lot.

b.

Interior Lot. A lot with frontage on only one street.

c.

Through Lot. A lot other than a Corner Lot having frontage on two streets.

2.02.48.

Lot Area. The area included within all lot lines excluding any public rights-of-way.

2.02.49.

Lot Line. A line bounding a lot, which divides it from another lot or from a street or from any other public or private place. Refer to the following diagram and to diagrams under Yard.

a.

Front Lot Line. The lot line separating a lot from a street right-of-way. Double-Frontage Corner Lots have two Front Lot Lines. Single-Frontage Corner Lots have primary and secondary Front Lot Lines. The Primary Front Lot Line is the lot line most opposite the Rear Lot Line. The Secondary Front Lot Line is the lot line along the side street and is typically longer than the Primary Front Lot Line. Refer to Figure 2-3.

Figure 2-3: Lot Lines of Corner Lots

Figure 2-4: Rear Lot Line of a Triangular Lot

b.

Rear Lot Line. The lot line that is generally parallel to and most distant from the Primary Front Lot Line on a Single-Frontage Corner Lot. For Double-Frontage Corner Lots, it is the lot line generally parallel to and most distant from the street along which the property has its address or towards which the building faces, as determined by the Building Official. For determining setbacks in the case of a triangular or irregularly shaped lot, the Rear Lot Line is considered to be a line 20 feet in length, entirely within the lot, parallel to and at the maximum distance from the Front Lot Line or Primary Front Lot Line, as applicable.

c.

Side Lot Line. Any lot line other than a Front Lot Line or a Rear Lot Line.

2.02.50.

Lot of Record. A lot that is part of a subdivision, the plat of which has been recorded in the office of the Probate Judge of Russell or Lee County, Alabama, or a parcel of land described by metes and bounds, the plat or 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 is considered a lot of record.

2.02.51.

Lot Width. The width of the lot measured at the Front Yard setback.

2.02.52.

Masonry. Brick, stone, terra cotta, split face concrete block, concrete tilt wall, cement fiber board or a combination of these. Stucco and plaster are only considered a Masonry material when applied using a three-step process over diamond metal lath mesh to a seven-eighths inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications.

2.02.53.

Nonconformities.

a.

Nonconforming Developed Lot. Any lot containing a structure or activity legally established prior to the effective date of this Ordinance or subsequent amendment thereto, but which does not fully comply with lot width, area or other dimensional regulations of the Applicable District.

b.

Nonconforming Lot of Record. Any vacant lot legally established prior to the effective date of this Ordinance or subsequent amendment thereto, which does not fully comply with the dimensional regulations of the Applicable District.

c.

Nonconforming Structure. Any structure, other than a sign, legally established prior to the effective date of this Ordinance or subsequent amendment thereto, but which does not fully comply with the yard, height or other dimensional regulations of the Applicable District or other applicable provisions of this Ordinance.

d.

Nonconforming Use. Any use of land or structures, legally established prior to the effective date of this Ordinance or subsequent amendment thereto, but which does not fully comply with the use regulations of the Applicable District or other applicable provisions of this Ordinance.

2.02.54.

Occupancy Load. The maximum number of persons, which may be accommodated by the use as determined by its design or by fire code standards.

2.02.55.

Open Space. A yard or other area of land not used for a structure, driveway, parking, loading or storage.

2.02.56.

Open Space, Common. See Common Open Space and Facilities.

2.02.57.

Owner. The person having the right and legal title to, beneficial interest in a lot or parcel of land.

2.02.58.

Parcel. An identifiable unit of land that is treated as separate for valuation, zoning and subdivision purposes.

2.02.59.

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

2.02.60.

Parking Area. An improved area on a lot exclusively used or designed for use as a temporary storage area for motor vehicles, containing access driveways, Parking Aisles and parking spaces.

2.02.61.

Parking Space, Off-Street. An accessible space located on private property and permanently reserved for the temporary storage of one vehicle.

2.02.62.

Planned Development. A residential or mixed-use development carried out in accordance with a master plan under the regulations of the PD District.

2.02.63.

Planning Commission or Commission. The Planning Commission of the City of Phenix City, Alabama.

2.02.64.

Premises. One or more lots designed and improved in a unified manner to function together, including all associated structures, Parking Areas and other improvements thereon.

2.02.65.

Principal Building or Principal Structure. A building or structure in which is conducted the Principal Use of the lot. Any garage, carport, porte-cochere, porch or part thereof, when attached to the Principal Structure is considered part of the structure. Multifamily, nonresidential and mixed-use developments may have more than one Principal Building on the same lot.

2.02.66.

Principal Use. The primary operation, business or other such use of a Premises.

2.02.67.

Public Works Manual. The Public Works Manual of the City of Phenix City.

2.02.68.

Recreational Vehicle. 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.

2.02.69.

Shrub, Ornamental. A woody plant, either evergreen or deciduous, less than ten feet in height at maturity.

2.02.70.

Sign. All sign-related terminology is defined in Article 9 Sign Regulations.

2.02.71.

Site. The spatial location of an existing or planned structure or use.

2.02.72.

Site Plan. A scale drawing showing the relationship between the lot lines and any existing or proposed uses or structures on a lot, including such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor areas, densities, septic tank fields, utility lines and easements.

2.02.73.

Special Exception. Uses identified as such in the district regulations and adjustments to parking, height and other regulations that may be authorized by the Board of Zoning Adjustment (BOZA) subject to conditions set by the BOZA. Special Exceptions may not be appropriate generally or without restriction, but if controlled as to number, area, location, or relation to the surrounding area, would not harm the general public health, safety, or welfare.

2.02.74.

Stacking Space. An off-street space for the temporary stacking of vehicles with an aisle intended to serve a drive-in teller, take-out food window, dry cleaning or laundry pick-up and similar functions.

2.02.75.

Structure. Any combination of materials, including buildings, constructed or erected, the use of which requires location on the ground or attachment to anything having location on the ground, including among other things, gasoline pumps, and signs, but not including utility poles, overhead wires and fences.

2.02.76.

Tiny Home on Wheels. A pre-fabricated structure used for temporary residential occupancy that is set on a permanent trailer chassis with wheels and that does not comply with Building Code or HUD Code requirements for residential occupancy.

2.02.77.

Tract. A portion of land with defined boundaries created by a deed, which may consist of one or more parcels or lots.

2.02.78.

Tree. A self-supporting woody plant which normally obtains a trunk diameter of at least two inches and a height of at least ten feet and typically has a main stem or trunk and many branches.

a.

Canopy Tree. A Tree which normally grows a top layer to create a cover (or canopy) and will generally reach a mature height of greater than 35 feet.

b.

Understory Tree. A Tree which normally grows to a height of less than 35 feet, with either one main trunk with many branches or multiple trunks.

2.02.79.

Tree Protection Area. Any portion of a site where existing Trees are to be preserved. The Tree Protection Area includes the Dripline of the Tree plus any additional area encompassing the critical root zone of a Tree. See §10.06 Tree Protection.

2.02.80.

Use. The function, activities, or purpose for which land or a structure is designed, arranged, occupied, or maintained.

2.02.81.

Variance. A relaxation of the terms of this Ordinance where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property, a literal enforcement of the ordinance would result in unnecessary Hardship.

2.02.82.

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 permitted by this Ordinance. A required yard means a yard the depth of which is specified in the district regulations. Refer also to Lot Line and Figures 2-5 and 2-6.

a.

Established Yard. In contrast to a "required yard," the area between a lot line and the corresponding building line as built. For example, an Established Rear Yard is the area between the rear lot line and the rearmost line of the Principal Building.

Figure 2-5: Yard Configuration of Interior Lots

b.

Front Yard. A Yard extending across the full width of the lot between the Principal Building and the Front Lot Line or an official future street line, if established.

1.

Primary Front Yard. The Yard of a Single-Frontage Corner Lot that corresponds with the Front Yard of the Adjoining Interior Lot.

2.

Secondary Front Yard. A Yard of a Single-Frontage Corner Lot along the Secondary Front Lot Line.

c.

Rear Yard. A Yard extending across the full width of the lot between the Rear Lot Line and the rear building line. On all lots the Rear Yard is opposite the Front Yard or Primary Front Yard.

d.

Side Yard. A Yard between the Principal Building and the Side Lot Line extending from the required Front Yard to the required Rear Yard.

Figure 2-6: Yard Configuration of Corner Lots

2.03.01.

Adult Establishment. Refer to Chapter 46, Article XV of the City Code of Ordinances.

2.03.02.

Alternative Financial Service. A check cashing business, payday advance or loan business, money transfer business, car title loan business, title pawn business or similar business engaged in nontraditional short-term lending. This term does not include pawn shops, state or federally chartered banks, savings associations, credit unions, or industrial loan companies and retail sellers that cash checks or issue money orders incidental to the main business.

2.03.03.

Amateur Radio Tower. A tower with one or more antennas connected to radio equipment operated by a licensed amateur radio operator in accordance with applicable FCC laws and regulations.

2.03.04.

Animal Shelter. A nonprofit or public organization providing shelter for dogs, cats and other small domestic animals.

2.03.05.

Antenna. In reference to Telecommunications Facilities, an electromagnetic device which conducts radio, cellular or other communication signals to or from a transmitter or receiver. Antenna includes devices commonly referred to as "whips," "panels" and "parabolic dishes" but does not include antennae for receiving only of radio or television signals.

2.03.06.

Assisted Living Facility. A facility licensed by the Alabama Department of Public Health (ADPH) in which room, board, meals, laundry, assistance with personal care, supervision of self-administered medication and other services are provided for not less than 24 hours in any week to a minimum of three individuals not related by blood or marriage to the owner and/or administrator. Assisted Living Facilities that provide care for more than 16 persons are subject to ADPH and Building Code requirements greater than those providing care for fewer persons.

2.03.07.

Bank or Financial Service. A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, and similar businesses. Does not include businesses otherwise defined as Alternative Financial Services.

2.03.08.

Bed and Breakfast. A detached, Single-Family Dwelling or portion thereof where lodging for persons not of the immediate family is provided for by compensation for periods of time up to 30 days all in accordance with §7.04 Bed and Breakfast.

2.03.09.

Boarding House. Any building or portion thereof that contains no less than three nor more than nine guest rooms, which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation whether paid directly or indirectly, for a definite period of time longer than 30 days.

2.03.10.

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

2.03.11.

Business or Professional Office. A place where the administrative affairs of a business or profession are conducted such as a law firm, real estate agency, insurance agency, architect, secretarial services, the administrative staff of business or industry, and the like. The term also includes call centers and medical, dental and similar healthcare offices for outpatient care on an appointment basis, including clinics with multiple practitioners.

2.03.12.

Business Support Service. A place of business that provides support services primarily to other businesses, such as photocopy, computer, and office equipment, supplies and services.

2.03.13.

Campground. Land on which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation, education or vacation purposes only. See also Recreational Vehicle Park.

2.03.14.

Car Wash. A commercial establishment engaged in washing, cleaning, and/or detailing of automobiles and light vehicles.

2.03.15.

Co-Location Site. In reference to Telecommunication Facilities, land on which the Antennae and related equipment of more than one party are located.

2.03.16.

Commercial School. Private, gainful business providing instructional service in the arts, business, crafts, trades, and professions.

2.03.17.

Commissary. A building where food is prepared for catering or mobile food vendor operations excluding on-site dining of food prepared.

2.03.18.

Communication Facilities. In reference to Telecommunication Facilities, all Telecommunication Towers, Antennae and equipment, collectively.

2.03.19.

Community Center. Buildings arranged for community gathering for social, cultural, or community service purposes, including museums, galleries, community meeting rooms, community recreation centers, libraries, YMCAs, YWCAs, and similar uses operated by a private or nonprofit organization.

2.03.20.

Community Service Club. Buildings arranged for the gathering of private club members and their guests, including social club, professional association, fraternal lodge, union hall, civic association, and similar uses.

2.03.21.

Construction Service.

a.

Major Construction Service. A place of business engaged in construction activities, with outdoor storage, such as a building contractor, electrician, plumber, or similar trade, or wholesale building supplies.

b.

Minor Construction Service. A business engaged in construction-related trade activities with only incidental outdoor storage such as a building contractor, electrician, plumber or similar trade excluding any building supply sales.

2.03.22.

Country Club. Land and buildings containing recreational facilities and a club house for private club members and their guests.

2.03.23.

Crematorium. An enclosed facility wherein human remains are cremated in a cremation retort.

2.03.24.

Day Care Facilities. The following types of Day Care Facilities are subject to the licensing and other requirements of the Alabama Department of Human Resources, and if providing care for five or more persons, are subject to additional requirements of the Building Code. Facilities that provide similar care after 7:00 p.m. are separately defined, see Nighttime Home.

a.

Day Care Center. A facility, other than a residence, licensed by the Alabama Department of Human Resources or specifically exempt from such licensing, providing care on a regular basis to more than six persons for only a portion of a 24-hour day.

b.

Family Day Care Home. A service licensed by the Alabama Department of Human Resources and operated from a Detached Single-Family Dwelling by the resident, providing care on a regular basis to six or less persons for only a portion of a 24-hour day.

c.

Group Day Care Home. A service licensed by the Alabama Department of Human Resources and operated from a Detached Single-Family Dwelling by the resident, providing care on a regular basis to seven to 12 persons for only a portion of a 24-hour day.

2.03.25.

Dormitory. A building or part thereof operated by an Institution and containing one or more habitable units used or intended to be used by residents of the Institution for living and sleeping, but not for cooking purposes.

2.03.26.

Dwelling. Any building or portion thereof in which people live.

a.

Accessory Dwelling. A subordinate, independent dwelling unit located on the same lot as a Detached Single-Family Dwelling. See §7.01 Accessory Dwellings.

b.

Combination Dwelling. A dwelling unit, other than a manufactured home, that is incidental to a nonresidential use, and that is used as the residence of a manager, business owner, or security guard.

c.

Duplex Dwelling. A detached or single building designed for or occupied exclusively by two families living independently of each other.

Figure 2-6: Dwelling Types

d.

Multifamily or Multifamily Dwelling. A building designed for or occupied exclusively by five or more families living independently of each other.

e.

Multiplex. A residential building containing at least three but no more than four dwellings.

f.

Single-Family Dwelling, Detached. A building designed for or occupied exclusively by one-family that is not attached to any other building.

g.

Single-Family Dwelling, Zero Lot Line. A Detached Single-Family Dwelling located on a lot so that one of the dwelling's sides rests on a lot line.

h.

Townhouse Dwelling. A Single-Family Dwelling constructed in a series or group of attached units with property lines separating each unit.

i.

Upper-Story Dwelling. A dwelling located in the upper story of a building where the ground floor is devoted to commercial or Institutional Uses.

2.03.27.

Emergency Care Home. A group care home, serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to provide a protective sanctuary and emergency housing to victims of crime or abuse.

2.03.28.

Entertainment.

a.

Indoor Entertainment. A commercial establishment providing spectator entertainment within an enclosed building, including movie theaters and playhouses; and art centers and similar indoor cultural facilities.

b.

Outdoor Entertainment. A commercial establishment providing spectator entertainment in open or partially enclosed or screened facilities, including sports arenas, racing facilities, and amusement parks.

2.03.29.

Equipment. In reference to Telecommunication Facilities, all equipment and facilities used in conjunction with one or more Towers and/or Antennae, including, but not limited to, electronic systems, generators, fuel tanks and fuel.

2.03.30.

Family Care Home. A group care home, serving up to ten persons, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to serve socially, physically, mentally, or developmentally impaired persons in a family-type living arrangement, and which meet or exceed the minimum requirements of Section 11-52-75, et. seq., Code of Alabama, 1975 as amended.

2.03.31.

Farm Support Business. A commercial establishment engaged in the sale of farm support goods and services, including the following activities: The sale of feed, grains, fertilizers, pesticides, and similar farm support goods, the provision of warehousing and storage facilities for raw farm products, and the provision of veterinary services to large animals.

2.03.32.

Farm. A tract of land used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to humans, including the following farming activities: Forages and sod crops; grains and seed crops; dairy animals and products; poultry, including egg production but excluding poultry processing; livestock, such as beef cattle, sheep, goats, or any similar livestock, including the breeding and grazing of such animals but excluding meat processing; and nursery operations involving the raising of plants, shrubs, and trees for sale and transplantation and including greenhouses and incidental sales of items customarily associated with a nursery operation; bees and apiary products; fisheries, excluding fish and seafood processing; fruits and vegetables of all kinds, including growing and harvesting of such fruits and vegetables, but excluding food processing.

2.03.33.

Farming, Forestry. Operations involving the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or performing forest services, including temporary sawmills and chippers for cutting of timber growth on the same premises but excluding lumber yards, mills, and similar activities.

2.03.34.

Funeral Home. A commercial establishment engaged in funeral and undertaking services for human burial but which does not include a crematorium.

2.03.35.

Garden Center. Retail sales of plants, trees, shrubs, and the like for ornamental or landscaping purposes, conducted from a building, greenhouse, outdoor display area, or stand, including incidental sales of items customarily associated with such sales activities, including such items as containers, fertilizers, ornaments, small gardening tools, and equipment, and seeds.

2.03.36.

Heavy Industry. Meat or poultry processing and slaughterhouses or the storage or manufacturing involving flammable or explosive materials or involving potentially hazardous or commonly recognized offensive conditions.

2.03.37.

Home Improvement Center. A place of business providing building, appliance, yard and garden materials, tools, and supplies at retail.

2.03.38.

Homeless Services Facility. A facility, other than a Homeless Shelter, that provides services targeted to persons experiencing homelessness, such as meals, counseling, education and practical assistance but not housing or overnight lodging.

2.03.39.

Homeless Shelter. A building providing temporary housing for homeless people, which may also include the serving of meals and other forms of support.

2.03.40.

Home Occupation. A business, profession, occupation, or trade conducted for gain or support and located entirely within the living area of a dwelling. This includes instruction in the arts, music, or academic subjects but does not include beauty parlors, barbershops, and medical offices for the treatment of patients.

2.03.41.

Home Stand. A space designed for the placement of a Manufactured Home within a Manufactured Home Park.

2.03.42.

Hospital. An establishment that provides health services primarily for in-patient medical or surgical care of the sick or injured, including accessory facilities such as laboratories, pharmacies, outpatient clinics and surgery centers, training facilities, gift shops, coffee shops, cafeterias, and staff offices.

2.03.43.

Hotel. A building in which lodging is provided and offered to the public for compensation and in which access to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A Hotel is open to the transient public as opposed to Boarding Houses, which are separately defined. Hotels may also include dining facilities, fitness centers and similar incidental services for guests.

2.03.44.

Independent Living Facility. A residential facility for the elderly that may provide meals, housekeeping, linen service, transportation, social and recreational activities and similar services. Such facilities do not provide, in a majority of the units, assistance with or supervision of medication, bathing, dressing, toileting and other activities of daily living.

2.03.45.

Institutional Use. Structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. Institutional Uses are further categorized as shown in the table following. Fire and police stations are considered Minor Institutions. Public stadiums, arenas, correctional and detention facilities, institutions with on-premises housing and institutional facilities involving outdoor storage, work yards, or warehousing are considered Major Institutions.

2.03.46.

Junkyard. Any land or structure, or part thereof, used for the collecting, storage and sale of wastepaper, rags, scrap metal or other discarded material; or, for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof. This does not include a Recycling Center or Recycling Plant.

2.03.47.

Kennel. Any facility in or at which cats, dogs, or similar household pets are brought or kept for care, boarding, breeding or training; and for which such services are charged a fee. In contrast to Pet Grooming establishments, Kennels may include the keeping of animals in outside runs or other unenclosed or partially enclosed spaces overnight.

2.03.48.

Landfill. A State-approved site for the controlled disposal of waste.

2.03.49.

Laundering Plant. An establishment primarily engaged in high volume laundry and garment services, including commercial and industrial laundries; garment pressing and dry cleaning; linen supply; diaper service; carpet and upholstery cleaners, but excluding Laundry Services.

2.03.50.

Laundry Service. Laundromats, laundry and dry-cleaning pick-up stations and clothing storage, excluding Laundering Plants.

2.03.51.

Liquor Lounge. A licensed establishment engaged in the preparation, sale, or serving of liquor for consumption on the premises, including taverns, bars, cocktail lounges, night clubs, bottle clubs, private clubs, restaurant lounges, hotel lounges, motel lounges, discotheques, dance halls, and similar uses where liquor consumption is a primary or incidental activity on the premises for the establishment. Not included within this definition are establishments that sell or serve only beer or wine as an incidental activity on the premises and Liquor Stores.

2.03.52.

Liquor Store. A business in which liquor is sold for off-premises consumption only.

2.03.53.

Livestock Sales. The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse auctions, and similar activities.

2.03.54.

Maintenance Service. An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services.

2.03.55.

Manufactured Building. A factory-built structure other than a Modular Structure; transportable in one or more sections; designed for storage or other purposes other than a dwelling.

2.03.56.

Manufactured Home. A structure constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 and as amended by the Manufactured Housing Improvement Act of 2000, Title VI, 42 U.S. Code, Section 603(6). Manufactured home means a structure, transportable in one or more sections, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, including the plumbing, heating, air conditioning, and electrical systems. A Manufactured Home bears a HUD Seal affixed to the rear of the home.

2.03.57.

Manufactured Home Park. A parcel of land under single management planned and improved for the provision of space and services for Manufactured Homes for residential use, not platted or otherwise divided by fee simple ownership; but permitting the sale of interests or memberships on a condominium basis, and wherein facilities and amenities, including streets, clubhouse or recreation facilities are privately owned or owned in common by residents of the park.

2.03.58.

Manufacturing.

a.

Artisanal Manufacturing. A business that makes high-quality or distinctive products in small quantities, usually by hand. Application, teaching, making, or fabrication of crafts or products by an artist, artisan or craftsperson either by hand or with minimal automation, including activities and processes such as small-scale fabrication, welding, and coating, and which may include direct sales to consumers.

b.

General Manufacturing. The basic processing and manufacturing of materials or products predominately from extracted or raw materials and the incidental storage, sales, and distribution of such products.

2.03.59.

Medical Cannabis Dispensary. An entity licensed by the Alabama Medical Cannabis Commission to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers.

2.03.60.

Medical Clinic. A facility providing medical, psychiatric, or surgical services for sick or injured persons exclusively on an outpatient basis.

2.03.61.

Mini-Storage. A building or group of buildings containing separate storage spaces that are leased on an individual basis for the exclusive purpose of storing nonhazardous household goods, but not including the storage of materials for a commercial or industrial enterprise other than business records, nor used for any activity other than storage.

2.03.62.

Mobile Food Service Unit. Refer to Article XVI of the City Code.

2.03.63.

Modular Home. A dwelling constructed on-site in accordance with the Building Code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

2.03.64.

Monopole. Any self-supporting pole designed to support an Antenna; provided, that Monopole does not include a latticed steel or metal Tower, a Tower which requires guy wires for support or a Tower which has more than one source of support, such as a Tower with more than one leg.

2.03.65.

Motel. An establishment providing sleeping accommodations for the travelling public, in which lodging rooms are accessed from the exterior of the building. Motels may also include dining facilities, fitness centers and other incidental services for guests.

2.03.66.

Nighttime Home. A detached single-family dwelling licensed by the Alabama Department of Human Resources for the care of six or fewer persons after 7:00 p.m. and for only a portion of a 24-hour day.

2.03.67.

Nonresidential Use. Uses including agricultural, Institutional, commercial, lodging and industrial activities.

2.03.68.

Nursing Care Facility. A licensed institution 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 an Assisted Living Facility.

2.03.69.

Outdoor Storage. The keeping in an unenclosed area of any goods, junk (as described under Junkyard), material, or vehicles or equipment in the same place for more than 24 hours. This does not include retail displays or Vehicle and Equipment Sales, Rental and Services or the keeping of construction materials and equipment in association with a valid building permit but includes vehicle storage associated with Automobile Repair businesses.

2.03.70.

Parking, Freestanding. A parking lot or structure providing parking for uses not located on the same Premises.

2.03.71.

Personal Service. An establishment engaged in providing services involving the care of a person or their personal goods or attire, such as a barber shop, beauty shop, cosmetic studio, dry cleaning and laundry pick-up station, indoor exercise and fitness center, tanning salon, massage therapist, seamstress, tailor, formal wear rental, repair of keys, shoes, watches, phones, computers and other personal electronics, and similar uses.

2.03.72.

Pet Grooming. An establishment providing grooming services or overnight boarding to household pets within a fully enclosed structure, which may include outside runs for keeping of animals for part of the day but not overnight.

2.03.73.

Place of Worship. Buildings arranged for religious service purposes, such as churches and synagogues, including related facilities for instruction, meeting, recreation, and lodging, eating, and living such as a parsonage or rectory, and other integrally related activities.

2.03.74.

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

2.03.75.

Public Utility Facilities.

a.

Major Public Utility Facility. Electric or gas generating plants, sewage treatment plants and water filtration facilities.

b.

Minor Public Utility Facility. Facilities that provides utility services to the public at large, including water, sewer, gas distribution facilities, electric transmission and distribution, and cable transmission and distribution facilities not otherwise defined as Major Public Utility Facility.

2.03.76.

Recreation.

a.

Indoor Recreation. A commercial establishment providing recreational or sports activities to participants within an enclosed building, including bowling alleys, billiard parlors, video game centers, ice- and roller-skating rinks, and other commercial indoor recreational and sports activities.

b.

Outdoor Recreation. A commercial establishment providing recreation or sports activities to participants in open or partially enclosed or screened facilities, including driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and other commercial outdoor recreational and sports activities.

2.03.77.

Recreational Vehicle Park. A lot on which campsites are established for occupancy by Recreational Vehicles of the general public as temporary living quarters for purposes of recreation or vacation.

2.03.78.

Recycling Center. A premises, other than a Junkyard, where recyclable materials are collected and may be separated, packed, bailed, stored and compacted before being transported to another location for processing and eventual reuse.

2.03.79.

Recycling Plant. A facility, other than a Junkyard, in which recoverable resources, such as paper, plastic, glass, and metal cans are recycled, reprocessed and treated to return such products to a condition in which they may be used again in new products.

2.03.80.

Rehabilitation Facility, Short-Term. A licensed business providing in-patient medical care and therapeutic services to help patients recover from illness, injury or surgery.

2.03.81.

Repair Service. An establishment engaged in the repair and maintenance of electrical, electronic and mechanical equipment, and home and business appliances not otherwise defined as Personal Service.

2.03.82.

Research Lab. An establishment engaged in research of an industrial or scientific nature, excluding product testing, such as an electronics research lab, research and development firm, or pharmaceutical research lab.

2.03.83.

Residential Property. Any land located in a Residential District, other than land that is developed and used for permitted nonresidential uses, and any property used exclusively for residential purposes in a Mixed-Use or Planned Development District.

2.03.84.

Resource Extraction. The removal of soil, sand, clay, gravel, minerals, or similar materials for commercial purposes, including quarries, borrow pits, sand and gravel operations, gas extraction, and mining.

2.03.85.

Restaurant.

a.

Fast Food Restaurant. An establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-through, or drive-in and may also include standard sit-down consumption.

b.

Standard Restaurant. An establishment where food and drink are prepared, served, and primarily consumed within the building where guests are seated and served. Standard Restaurants may also offer accessory pick-up service.

c.

Take-out Only Restaurant. An establishment where food and drink are prepared for consumption off-premises only. This does not include street vending.

2.03.86.

Retail.

a.

General Retail, Enclosed. Retail sales of goods, not otherwise defined by this Section, conducted within an enclosed building, including, but not limited to, food sales, department stores, clothing stores, home furnishings sales, appliance stores, auto supplies stores, gift shops, specialty stores, jewelry stores, cosmetics sales, tobacco stores, drug stores, variety stores, and similar retail businesses. Enclosed General Retail includes businesses with incidental outdoor sales or display areas.

b.

General Retail, Unenclosed. Retail sales of goods, not otherwise defined by this Section, in which the majority of goods are stored and displayed outside of a building, including, but not limited to monument sales and flea markets.

2.03.87.

School, Commercial. Private, gainful business providing instructional service in the arts, business, crafts, trades, and professions.

2.03.88.

School, Public. Public or nonprofit school providing primary or secondary education.

2.03.89.

Shopping Center. A group of commercial establishments located together on one lot, planned and developed in a unified design with shared parking and driveway facilities, and under common management authority.

2.03.90.

Short-Term Rental. The use of a dwelling unit or portion thereof for lodging purposes not otherwise considered a Bed and Breakfast. See also §7.16 Short-Term Rentals.

2.03.91.

Stable. A commercial establishment engaged in the raising, keeping, boarding, or training of horses, ponies, and similar animals, including riding academies and incidental sales of riding accessories and animals raised or regularly kept on the premises.

2.03.92.

Studio. A place of work for an artist, photographer, or craftsman, including instruction, display, production, and retail sales of materials produced on the premises.

2.03.93.

Substance Abuse Treatment.

a.

In-patient Substance Abuse Rehabilitation Facility. A licensed facility meeting applicable state and federal standards that provides inpatient support services including counseling, rehabilitation and medical supervision for drug or alcohol treatment.

b.

Outpatient Substance Abuse Treatment Facility. A licensed facility meeting applicable state and federal standards that provides outpatient support services including counseling, rehabilitation and medical supervision for drug or alcohol treatment.

2.03.94.

Telecommunication Facilities. Any cables, wires, lines, wave guides, antennas, structures, and any other facilities or equipment associated with the transmission or reception of communication located near or installed upon a tower or antenna support structure.

2.03.95.

Tower or Telecommunication Tower. In reference to Telecommunication Facilities, any telecommunication Monopole including those used for microwave, cellular or personal communication service systems and any other telecommunication systems now or hereafter in use. Tower includes any Telecommunication Tower installed or constructed within the City prior to the effective date of this Ordinance, regardless of whether such Tower is a Monopole or another type of Tower.

2.03.96.

Tower Compound. A parcel of land or a building on which Telecommunication Facilities are located.

2.03.97.

Transitional Care Facility. An establishment providing residential and custodial care for the rehabilitation of more than ten persons who are indigent or have been recently released from a penal institution.

2.03.98.

Vehicle and Equipment Repair. A place of business engaged in the repair and maintenance of Recreational Vehicles, boats, heavy trucks (one ton or more), construction equipment, tractors and farm implements, Manufactured Homes and similar vehicles and equipment, which may include painting, body repair, upholstery repair, fabrication of parts, or rebuilding of engines.

2.03.99.

Vehicle and Equipment Sales, Service and Rental. A place of business engaged in the sale or rental of Recreational Vehicles, boats, heavy trucks (over one ton), construction equipment, tractors and farm implements, Manufactured Homes, and similar heavy equipment, including incidental storage, maintenance, and servicing.

2.03.100.

Vehicle Rental. A commercial establishment engaged in the rental of automobiles, light trucks, or motorcycles, including incidental parking, storage, maintenance, and servicing.

2.03.101.

Vehicle Repair Service, Minor. A place of business engaged in the repair and maintenance of automobiles, light trucks or motorcycles, including the sale, installation, and servicing of mechanical equipment and parts but not including painting, body work, upholstery work, fabrication of parts, or rebuilding of engines.

2.03.102.

Vehicle Sales and Service. A commercial establishment engaged in the sale of automobiles, light trucks, or motorcycles, including incidental parking, storage, maintenance, and servicing.

2.03.103.

Veterinary Clinic. An establishment operated by a licensed veterinarian where household pets are given medical or surgical treatment and which may offer overnight boarding of pets.

2.03.104.

Warehousing and Distribution, Enclosed. A place of business engaged in warehousing, or distribution services within a building.

2.03.105.

Warehousing and Distribution, Unenclosed. A place of business engaged in open air warehousing, or distribution services.

2.03.106.

Wholesale Business. The selling of merchandise to or buying merchandise for other businesses or industries but not the general public. Businesses that sell merchandise on a membership basis that is not limited to other businesses or industries are categorized as Retail.

2.04.01.

BOZA: Board of Zoning Adjustment.

2.04.02.

BR: Bedroom.

2.04.03.

DU: Dwelling unit.

2.04.04.

ft.: Feet.

2.04.05.

GFA: Gross floor area.

2.04.06.

max.: Maximum.

2.04.07.

MFSU: Mobile food service unit.

2.04.08.

min.: Minimum.

2.04.09.

n/a: Not applicable.

2.04.10.

sf.: Square feet.

2.04.11.

STR: Short-term rental.