This chapter shall be known as the Zoning Ordinance of Pleasant Grove, Alabama, and the map referred to in this section identified by the title, "Zoning Map of Pleasant Grove, Alabama," shall be further identified by the signature of the mayor of the city and attested to by the clerk. The zoning map of the city is hereby adopted and made a part of this chapter. Such zoning map shall zone only territory within the city. Such map is filed with the city clerk at the time of the introduction of this chapter and will remain on file in the office of the clerk. Upon the adoption of this chapter, such map shall show by endorsement thereon the date of such adoption.

(Ord. No. 296, art. I, 9-15-1987)

The fundamental purpose of this chapter is to promote the public health, safety, morals and general welfare; to encourage the use of lands and natural resources in the city in accordance with their character and adaptability; to limit the improper use of land; to provide for the orderly development and growth of the city; to reduce hazards to life and property; to establish the location and size of land, the specific uses for which dwellings, buildings and structures may hereafter be erected or altered and the minimum open spaces and sanitary, safety and protective measures that shall be required for such buildings, dwellings and structures; to avoid congestion on the public roads and streets; to provide safety in traffic and vehicular parking; to facilitate the development of an adequate system of transportation, education, recreation, sewage disposal, safe and sufficient water supply and other public requirements; to conserve life, property and natural resources and the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties for the general good and benefit to the people of the city.

(Ord. No. 296, art. II, § 1, 9-15-1987)

For the purposes stated in section 98-74, the city is divided into districts of such number, shape and area and of such common unity of purpose, adaptability or use, which are deemed most suitable to provide for the best general civil use, protect the common rights and interests within each district, preserve the general rights and interests of all and to promote improved wholesome, slightly, harmonious and economic results in civic service, activities and operations; and by further regulations to limit the location, uses and occupancy of buildings, structures and land to be used for trade, industry, residence or other purposes and also the location, height, bulk, occupancy and coverage, street setback lines, sizes of yards and other open spaces.

(Ord. No. 296, art. II, § 2, 9-15-1987)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or portion of a main building the use of which is incidental to that of the main building or structure such as garages, workshops, storage sheds or buildings, children's playhouses, greenhouses and other similar uses.

Accessory structure means a subordinate structure or portion of a main structure or building the use of which is incidental to that of the main structure or building such as swimming pools, tennis courts, children's playground equipment, dish television antennas, decks, patios, fences and other similar uses.

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

Addition means an extension or increase in floor area or height of a building or structure.

Alley means a public thoroughfare or way which affords only a secondary means of access to abutting property.

Alteration means any change, addition or removal of or affecting the structural or supporting members of a building such as bearing walls, columns, beams, girders and joists.

Apartment means a building used or intended to be used as a dwelling by three or more families or as an apartment house.

Attic story means any story situated wholly or partly in the roof, so designed, arranged or built as to be used for business, storage or habitation.

Basement means a story wholly or partly underground but having not more than one-half of its floor to ceiling height above the average ground level at the building.

Block means all land fronting on one side of a street between the nearest intersecting streets, roads, railroad rights-of-way and waterways, meeting or crossing the aforesaid street and bounding such land.

Boardinghouse/foster care home means a building other than a hotel, motel or cafe, where for compensation, and by arrangement, for specific time periods, meals and lodging are provided for not less than three persons, nor more than ten persons.

Building means a structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels; and when supported by division walls from the ground up without ingress and egress provided between such divisions by suitable openings, each portion of such building so divided shall be deemed a separate building.

Building area means that portion of a lot occupied by the main building, including porches, carports, accessory buildings and other structures.

Building (main) means a building in which is conducted or intended to be conducted the main or principal use of the lot on which such building is located.

Building front sign means a sign attached to the wall of a building with the sign face horizontally parallel to the building wall, and may exceed the roofline in height.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building of the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridges for gable, hip and gambrel roofs.

Building line means the streetside line of the building or legally established line which determines the location of the building setback with respect to the street line.

Building sign face means a sign attached to the wall of a building with the sign face horizontally parallel to the building wall, and shall not exceed the roofline in height.

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

Church means any building or structure used for nonprofit purposes by a recognized and legally established sect solely for purposes of religious worship and related activities.

Clinic means a public or proprietary institution providing diagnostic, therapeutic or preventative treatment of ambulatory patients by one or a group of medical doctors acting individually or jointly and in the same building for the purposes aforesaid.

Common property line means a line dividing one lot from another when such lots are not of one ownership.

Containment reservoir means a basin which is located and constructed in such a manner that it will catch and hold the contents of an aboveground liquid storage tank in the event of a leak or rupture in the tank.

Cul-de-sac means a dead-end street terminated by a vehicle turnaround area having a minimum right-of-way radius of 50 feet.

Day care center means any child care facility receiving more than six children for daytime care during all or part of a day. The term "day care center" includes, but is not limited to, facilities commonly called "child care centers," "day nurseries," "nursery schools," "kindergartens," and "play groups," with or without stated educational purposes.

Drive-in restaurant means a restaurant or public eating establishment so conducted that food, meals or refreshments are brought to a vehicle for consumption therein or on the premises by the customer or patron.

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

Dwelling means any building or portion thereof which is designed or used exclusively for residential occupancy.

Dwelling, multiple means a building used or intended to be used as a dwelling by three or more families or as an apartment house.

Dwelling, single-family means a dwelling unit on an individual lot, such as a single-family residence or manufactured home.

Dwelling, two-family means a building so designed and arranged to provide sleeping, cooking and kitchen accommodations and toilet facilities for occupancy of two families only together with such domestic help as is necessary to service and maintain the premises and their occupants.

Dwelling unit means any portion of a building used as a separate abode for a family having its own cooking and kitchen facilities.

Earthwork means the breaking of ground, except common gardening and ground care.

Erect means construct, including built, reconstruction, moved upon or any physical operations on the premises required for the building, principal structure, sign or accessory use. Excavation, 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 shall be considered within the meaning of erect.

Essential services means erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems; or other transmission, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories used in connection therewith but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the general public health, safety and welfare.

Family means one person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a common and single set of culinary facilities. The persons thus constituting a family may also include two additional guests who occupy rooms for which compensation may or may not be paid. Any group of persons not so related, but inhabiting a single housekeeping unit, shall be considered to constitute one family for each five persons, exclusive of domestic employees, contained in each group.

Farm means all of the unplatted contiguous or neighboring land which is directly farmed by one farmer and his own labor or with the assistance of members of his household or hired employees; provided, however, that land to be considered a farm hereafter shall include a continuous unplatted parcel of not less than five acres in extent; provided, further, that farms may be considered as including establishments operated as greenhouses, nurseries, orchards, chicken hatcheries, apiaries, but not establishments keeping or operating fur bearing animals, game, fish hatcheries, stockyards, recreational parks and stone quarries.

Fence means a structure intended for a barrier or enclosure constructed of any material except masonry.

Firewall means a fire-resistive wall, having protected openings which restrict the spread of fire and extend continuously from the foundation to or through the roof.

First floor means the lowest floor surface of that portion of a structure defined as a story.

Floor area (livable) means the area of the first floor, plus the area under a sloping roof having a minimum height of five feet when one-half of the floor area has a ceiling height of seven feet, six inches. Garage floor area, basements, decks, porched patios, terraces and carport floor area are not included as livable floor area.

Freestanding sign means any sign erected on a freestanding frame, foundation, mast or pole and not attached in any way to any building.

Frontage roadway means a local road which is adjacent to and parallel with an expressway or major street, the purpose of which is to avoid interference with through traffic and from which ingress and egress to abutting property is gained.

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

Garage, public, means a business enterprise in which the principal operation involves a garage used for the storage, repair or servicing of vehicles for a profit.

Garden homes means a detached, single-family dwelling on a small lot with one zero lot line on one side.

Gasoline service station means any building, structure or land used primarily for the dispensing, sale or offering for sale at retail of automotive fuels, oils, accessories or minor maintenance and repair services, but not including major repair work such as motor or transmission overhaul, body repairs or painting.

Grade level means the mean established centerline elevation or grade of the street or road fronting on the property in question as determined by the building inspector. If no grade level has been established by public authority, the determination and certification thereto of the existing grade level by a registered professional engineer in the state is required.

Group care home means a dwelling shared by handicapped persons, including resident staff, who live together as a single housekeeping unit and in a longterm, family-like environment in which staff persons provide care, education and work toward enabling the resident to live as independently as possible in order that he may participate in community activities and, at the same time, work with the resident with the primary goal being for him to reach his maximum potential.

Hazardous uses means 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 which are highly flammable, explosive, noxious, toxic or inherently dangerous to humans, animals, land, crops or property.

Home occupation means any occupation or profession carried on by one member of a family residing on the premises. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No home occupations shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increase pedestrian and vehicular traffic or any other conditions which would constitute an objectionable use of residentially zoned property. Customary home occupations should be limited to an office or a business of a personal service nature. A home occupation shall not include beauty parlors, barber shops, doctors' or dentists' offices, chiropractors' clinics, attorneys' offices, fortunetelling establishments or similar activity as determined by the city planning commission.

Hospital means 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 feeble minded but not including clinics as herein defined.

Hotel means a building or part thereof occupied as the more or less temporary abiding place of individuals in which the rooms are usually occupied singularly for hire and in which rooms no provision for cooking is made and in which building there is usually a kitchen and public dining room for the accommodation of the occupants and guests.

Industry means manufacturing and treatment of products and materials.

Institution means a building or activity operated by a nonprofit corporation or nonprofit establishment for public use.

Junkyard means a place, structure or lot where junk, waste, discarded, salvaged or similar materials such as old iron or other metal, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, dissembled or handled including auto wrecking yards, used lumberyards, house wrecking yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment, and excluding pawn shops and establishments for the sale, purchase or storage of used cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

Kennel, indoor, means a building in which three or more domestic animals are permanently or temporarily boarded, groomed, trained or treated.

Kennel, outdoor, means a lot or premises on which three or more domestic animals are permanently or temporarily boarded, groomed, trained or treated, for compensation.

Lot means land occupied or intended to be occupied by a building and its accessory buildings or by a dwelling or group of dwellings and its accessory buildings, together with such open spaces as are required under the provisions of this chapter and having not less than the minimum area required by this chapter for a lot in the district in which it is located and having its principal frontage upon a public street.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot, interior, means a lot other than a corner lot.

Lot line means the lines bounding a lot.

Lot line (front) means in the case of a lot line abutting upon one street, the front lot line is the line separating lot line from such a street. In the case of any other lot, one such line shall be elected to be a front lot line for the purpose of this chapter.

Lot line (rear) means the rear lot line is that opposite the front line. In case of a lot terminating at a point at the rear of the lot 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) means any lot lines other than front lot line or rear lot line.

Lot of record means a lot shown on the records in the office of the judge of probate and which actually exists as so shown.

Lot (through) (double frontage lot) means an interior lot extending from one street on two ends.

Lot (width) means the width of the lot measured at the building setback lines.

Mausoleum means any aboveground structure or building designed or intended to be used as a place of entombment of the deceased.

Miniwarehouse means a structure or group of structures, not to exceed one story in height, partitioned for leasing of individual storage spaces of varying sizes, wherein no retail or wholesale trade is conducted.

Mobile/manufactured home means a structure, transportable in one or more sections, which, in the traveling mode is eight body feet or more in width or 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 unit with or without a permanent foundation, connected to the required utilities, and includes the plumbing, heating, air conditioning and electric systems contained therein. If constructed on or after June 15, 1976, the unit bears a seal certifying compliance with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development.

Mobile/manufactured home parks means a tract of land used or designed to accommodate a manufactured home community of multiple spaces for lease or condominium ownership.

Modular home means a dwelling constructed on-site in accordance with the Standard Building Code. It is composed of components substantially assembled in a manufacturing plant and is transported to the building site for final assembly on a permanent foundation. A modular home is not a manufactured home in that the latter (manufactured home) is constructed in a plant in accordance with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development and does not meet the construction standards of the Safety Code.

Motel (motor court) means a business comprised of a dwelling unit or a group of dwellings or dwelling unit so arranged as to furnish overnight accommodations for transit guests.

Nonconforming use means the use of any building, structure or land which was lawful at the time of the passage of this chapter or amendment of this chapter but which use does not conform, after the passage of this chapter, or amendment thereto, with the use regulations of the district in which it is situated.

Nursing home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for monetary compensation, but not including hospitals, clinics, or similar establishments devoted primarily to the diagnosis and treatment of the sick and/or injured.

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

Parking area means an open, unoccupied space used or intended to be used for the parking of vehicles without charge exclusively and in connection with no gasoline or vehicular accessories are sold and no other business is conducted.

Parking lot means an open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oil may be sold and fees charged; but vehicles may not be equipped, repaired, rented or sold.

Parking space means an area surfaced by either bituminous pavement, oil aggregate, stabilized gravel or equivalent, enclosed, not less than nine feet wide by 20 feet long, together with a concrete or bituminous surfaced driveway connecting such parking space with a street or alley and permitting ingress and egress of a motor vehicle.

Planned residential development means a planned residential district which facilitates the accommodation of single-family residential uses, such as, conventional single-family homes, garden homes and townhouses. Such developments adhere to a site plan and any amendments made to this plan. A minimum site area of two contiguous acres is required to establish such zone, and a maximum area of building ground coverage not to exceed 35 percent of the total acreage.

Planning commission means the city planning commission.

Premises means a lot, together with all buildings and structures existing thereon.

Property line means the lines bounding a lot.

Protective wall means a six-foot high solid masonry wall, unpierced, except for ingress and egress of vehicles or pedestrians when located along the property lines which afford a direct means of access from a public thoroughfare, or when necessary for five lanes, or for other requirements pertinent to the preservation of the public health, safety or welfare.

Public and semipublic uses means philanthropic and charitable land use, churches, church-related institutions, nonprofit recreation, schools, public buildings, cemeteries, and other similar institutions.

Public utility means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under regulations to the public, electricity, gas, steam, telephone, telegraph, transportation, drainage, water or sewer.

Recreational vehicle means any vehicle used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such and shall include self-propelled and nonself-propelled vehicles so designed, constructed or reconstructed in such a manner as will permit the temporary occupancy thereof as a dwelling or sleeping place for one or more persons and having no foundation other than wheels, jacks or similar structural supporting members.

Retirement home means a home for the aged, intermediate institutions and related institutions whose primary purpose is to furnish room, board, personal care, and other nonmedical services for three or more individuals not related by blood or marriage to the owner and/or administrator, for compensation. This term shall also include a domiciliary care facility.

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

Roominghouse means either a one- or two-family dwelling other than a hotel, motel or apartment house where lodging for three or more persons not of the immediate family is provided for compensation and by prearrangement for definite time periods.

Service station means any building, structure or land used primarily for the dispensing, sale or offering for sale at retail of automotive fuels, oils, accessories or minor maintenance and repair services, but not including major repair work such as motor or transmissions overhaul, body repairs or painting.

Shopping center (planned) means a group of two or more retail sales or service establishments located within one building or a group of architecturally unified buildings; said buildings being under one ownership or management, with selected tenants or lessees and having an integrated parking area.

Sidewalk means the paved portion of a public thoroughfare or right-of-way intended for use by pedestrians.

Sign means a name, identification, image, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, institution, person, organization or business, and in which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs or parts of signs.

Single-family residence means a detached, single-family dwelling constructed on-site in accordance with the standard building code.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it, then the space between the floor and the ceiling next above it. A mezzanine floor shall be counted as a story if it covers over one-third of the area of the floor next above it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more. A basement or cellar shall be counted as a story if its ceiling is over five feet above the level from which the height of the building is measured or if it is used for business purposes or if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same.

Story, half, means a story situated within a sloping roof, the floor area of which, at a height of five feet above the floor, does not exceed two-thirds of the floor area in the story directly below it and the height above at least 200 square feet of floor space is seven feet, six inches.

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

Structure means any construction or production of a piece of work artificially built upon or composed of parts joined together in some definite manner.

Tourist home means a dwelling in which overnight accommodations are offered or provided for transient guests for a consideration.

Townhouse means a form of ground-related housing, in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit, with no more than six units attached together. Each of these units occupies interior space from the ground to the roof and has direct access to privately owned space.

Use means the purpose for which land or buildings and structures thereon are designed, arranged or intended to be used, occupied or maintained.

Variance means a modification of the strict application of the provisions of this chapter, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship, as determined by the board of adjustment in accord with the procedures specified in this chapter.

Yard means a ground area open to the sky, unoccupied and unobstructed. Yard measurements shall be the minimum horizontal distances.

Yard, front, means a yard extending across the full width of the lot between the front line and the nearest line of the main building.

Yard, rear, means a yard extending across the full width of the lot between the rear lot line and the nearest line of the main building.

Yard, side, means a yard between the side of the lot and the nearest line of the principal building and extending from the front yard to the rear or, in the absence of either of such yards, to the front or rear lot line, as the case may be; except that on a corner lot the side yard adjacent to a street shall extend the full depth of the lot.

(Ord. No. 296, art. III, §§ 1—104, 9-15-1987; Ord. No. 343, §§ I—V, 8-19-1991; Ord. No. 381, § 1, 4-4-1994; Ord. No. 394, § 1, 7-17-1995; Ord. No. 426, 12-1-1997)

Cross reference— Definitions generally, § 1-2.