Certain words and phrases used in this Ordinance have the meaning ascribed to them in this Article. In the event a word or phrase is not listed in this Article or is not defined elsewhere in this Ordinance or the City Subdivision Regulations, the conventional meaning of the term applies. Words used in the present tense include the future, the singular number includes the plural, and the plural the singular. Words and terms are defined as follows:

(Ord. No. 2022-008, 3-15-2022)

The Director is authorized to make a final determination of the meaning of any word or phrase used in this Ordinance.

In the interpretation of this Zoning Ordinance, the provisions of this Section are applied unless the context clearly requires otherwise. Words used or defined in one tense or form include the other tenses and derivative forms. Words in the singular number include the plural; and words in the plural number include the singular. The masculine gender includes the feminine and the feminine gender includes the masculine.

§ 2.02.01 The word "person" includes a firm, association, corporation, trust, and company, as well as an individual.

§ 2.02.02 The words "used" or "occupied" as applied to any land or structure include all modifying words such as "intended", "arranged", or "designed" to be used or occupied.

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

§ 2.02.04 The word "lot" includes the words "plot", "parcel", or "tract."

§ 2.02.05 The word "must" is mandatory and not merely directory.

§ 2.02.06 The word "may" is permissive. When used in the negative, it is prohibitive (e.g., "may not" means "prohibited").

(Ord. No. 2022-008, 3-15-2022)

§ 2.03.01 Accessory structure. A detached subordinate structure located on the same building lot or parcel with the principal structure, the use of which is incidental to that of the principal structure.

§ 2.03.02 Accessory use. A use customarily incidental to the principal use of the land or building on the same lot.

§ 2.03.03 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.

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

§ 2.03.05 Adult Entertainment. Any business that engages for any length of time in a sexually-oriented use or any other use that emphasizes Specified Sexual Activities or Specified Anatomical Areas, including but not limited to adult arcades and movie theaters, adult cabarets, and adult bookstores that meet any of the following criteria, measured on a daily, weekly, monthly or annual basis: 1) has more than 25% of its inventory, stock-in-trade, or publicly displayed merchandise in Sexually-Oriented Media or Sexually-Oriented Novelties, 2) devotes more than 25% of its floor area (not including storage areas, bathrooms, basements, or any portion of the business not open to the public) to the sale, rental, display or presentation of Sexually-Oriented Media or Sexually-Oriented Novelties, 3) derives more than 25% of its gross revenue from Sexually-Oriented Media or Sexually-Oriented Novelties. However, any business that has more than 75% of its inventory, stock-in-trade, or publicly displayed merchandise in Sexually-Oriented Novelties and does not feature live entertainment is considered an Adult Novelty Store.

1.

Sexually-Oriented Novelties. Any objects or devices that contain, depict, stimulate or describe Specified Sexual Activities or Specified Anatomical Areas; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation.

2.

Sexually-Oriented Media. Books, video and other media that contain, depict, stimulate or describe Specified Sexual Activities or Specified Anatomical Areas; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation.

3.

Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic area, buttocks, anus, or female breast below a point immediately above the top of the areola; and human male genitals in a state of sexual arousal, whether or not completely and opaquely covered.

4.

Specified Sexual Activities. Activities including actual or simulated sexual intercourse; clearly depicted human genitals in the state of arousal; touching of specified anatomical areas; inflicting pain or physical restraint of a person for the purposes of sexual stimulation; or sexually oriented contact with an animal by a human being.

§ 2.03.06 Agriculture or Agricultural Use. The production, storage, keeping, harvesting, grading, packaging, processing, boarding or maintenance, for sale, lease, or personal use, of plants and animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and products; poultry and poultry products; the keeping, raising and breeding of livestock; bees and apiary products; fur animals; trees and forest products; fruits, nuts and vegetables; plants and flowers; or lands that are devoted to soil conservation or forestry management.

§ 2.03.07 Alteration or Altered. any of the following:

1.

Any addition to the height or depth of a structure

2.

Any change in the location of any of the exterior walls of a structure

3.

Any increase in the interior accommodations of a structure

In addition to the foregoing, a structure is considered altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of 50% of its value prior to the commencement of such repairs, renovation, remodeling or rebuilding.

§ 2.03.08 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 non-traditional 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.

§ 2.03.09 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.

§ 2.03.10 Animal. Any domesticated creature similar to and including the canine, feline, equine, bovine, sheep, goat, or swine species or type; also includes poultry and other fowl.

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

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

§ 2.03.13 Applicant. A person submitting an application for development, a variance, special exception, rezoning or other approval under this Zoning Ordinance. May also be referred to as Petitioner.

§ 2.03.14 Assisted Living Facility. A facility licensed by the Alabama Department of Public Health that provides rooms, meals, personal care, and supervision of self-administered medication; excluding Group Care Homes.

§ 2.03.15 Automobile Repair.

1.

Minor Automobile Repair. Sales, installation, and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/or replacement and similar activities.

2.

Major Automobile Repair. The repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities.

§ 2.03.16 Bakery, Major. An establishment that bakes goods primarily for wholesale and that may include storage and distribution facilities.

§ 2.03.17 Bakery, Minor. An establishment that bakes goods for on-premises retail sales or catering.

§ 2.03.18 Bar or Nightclub. An establishment serving liquor, beer, wine and other alcoholic beverages for on-premises consumption and that is not otherwise classified as a restaurant.

§ 2.03.19 Basement. A portion of a building having one-half or more of its floor-to-ceiling height below grade level and having a floor-to-ceiling height of at least 6.5 feet.

§ 2.03.20 Bed and Breakfast. A dwelling or portion thereof using no more than six rooms to provide short term lodging accommodations and meals for the traveling public for a fee.

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

§ 2.03.22 Board of Adjustment or Board. The Board of Zoning Adjustment of the City of Prattville, Alabama.

§ 2.03.23 Buffer. A strip of land that is landscaped to separate incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, and reducing glare.

§ 2.03.24 Building. A structure, having a roof supported by columns or walls and intended to be used for sheltering people, animals, or business activity.

§ 2.03.25 Building Area. The portion of the lot occupied by, or permitted to be occupied by, the principal building and accessory structures. Unenclosed structures such as pools, satellite dishes, arbors, trellises, decks and porches and carports open on at least two sides are not included in calculating Building Area.

§ 2.03.26 Building Code. The most recent building, construction and fire-related codes adopted by the City of Prattville.

§ 2.03.27 Building Height. The vertical distance measured from grade level to the highest point of the parapet of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and uppermost ridge of a gable, hip or gambrel roof.

Building Height

§ 2.03.28 Building Line. A line extending across the width of the lot coincident with the plane of the building, as constructed, nearest the corresponding lot line.

§ 2.03.29 Building, Principal. A building in which is conducted the principal use of the lot on which it is situated. Multifamily, nonresidential and mixed-use developments may have more than one principal building on the same lot.

§ 2.03.30 Building Separation. The horizontal distance measured between the nearest portions of any structures on the same lot.

§ 2.03.31 Business or Professional Office. A room or group of rooms used for conducting the affairs of a business, profession, service, or industry and generally furnished with desks, tables and communications equipment. Includes medical, dental and similar healthcare offices for outpatient care on an appointment basis, call centers and broadcast studios, but not Medical Clinics.

§ 2.03.32 Business Support Service. A business which supplies support services primarily to other businesses, such as sales of office equipment, supplies and services; cleaning services; computer and office equipment repair and similar services.

§ 2.03.33 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 for no more than 120 consecutive days. See also Recreational Vehicle Park.

§ 2.03.34 Certificate of Occupancy. Official certification that a premise conforms to the provisions of the Zoning Ordinance and Building Code and may be used or occupied.

§ 2.03.35 City. City of Prattville, Alabama.

§ 2.03.36 City Engineer. The City Engineer of the City of Prattville, Alabama, or their authorized designee.

§ 2.03.37 Club, Private. A place of assembly operated by an association of persons united by some common interest such as social, educational or recreational purposes and usually characterized by certain membership qualifications, payment of fees or dues, and holding of regular meetings.

§ 2.03.38 Commercial Kitchen. A facility where food is prepared for catering or mobile food vendor operations excluding on-site dining of food prepared.

§ 2.03.39 Commercial School. A private, gainful business providing instruction in arts, business, crafts, trades or professions.

§ 2.03.40 Community Recycling Receptacle. A portable or stationary, enclosed container made of metal or other impervious material into which recyclable materials are collected before being transported to a Recycling Plant or other location for processing and eventual reuse. A Community Recycling Receptacle on a premises other than a Recycling Center or Recycling Plant is treated as an accessory use.

§ 2.03.41 Comprehensive Plan. The Comprehensive Plan of the City of Prattville, Alabama, including any legally adopted part of the Comprehensive Plan. This may include, but is not limited to: Zoning Ordinance, Subdivision Regulations, Major Street Plan, Land Use Plan and Downtown Plan.

§ 2.03.42 Conservation Subdivision. A form of development that permits a reduction in dimensional requirements, provided there is no increase in the overall density of the development, and the remaining land area is devoted to open space, recreation, or preservation of environmentally sensitive areas. See § 7.07 Conservation Subdivisions.

§ 2.03.43 Construction Service, Major. A place of business engaged in construction and related trade activities with outdoor storage such as a building contractor, electrician, plumber or similar trade and that may involve wholesaling of building materials. Includes wholesale building supply business.

§ 2.03.44 Construction Service, Minor. A place of business engaged in construction-related trade activities with incidental storage such as a building contractor, electrician, plumber or similar trade excluding any retail or wholesale sales.

§ 2.03.45 Cottage Development. A group of detached single-family dwellings in which lots are not required to have frontage on a street but must be arranged around a common open space, subject to § 7.08 Cottage Developments.

§ 2.03.46 Country Club. Land or buildings containing recreational facilities and clubhouse for private club members and their guests.

§ 2.03.47 Day Care Facility.

1.

Adult Day Care Center. Any building or related premises used to provide care and daily activities to five or more adults for part of the day.

2.

Adult Day Care Home. A dwelling used to provide care and daily activities to four or fewer adults for part of the day.

3.

Child Day Care Center. Any building and related premises used for the care 13 or more children for part of the day.

4.

Child Day Care Group Home. A detached single-family dwelling used for the care of seven to 12 children for part of the day with at least two adults present and supervising childcare activities.

5.

Child Day Care Home. A detached single-family dwelling used for the care of six or fewer children for part of the day.

§ 2.03.48 Density. The ratio of lot area per dwelling unit or the number of dwelling units per acre of site area.

§ 2.03.49 Development. The subdivision or re-subdivision of land, the construction, reconstruction, conversion, alteration, relocation or enlargement of a structure; any mining, dredging, fitting, grading, paving, excavation, drilling or disturbance of land; and any use or extension of the use of land.

§ 2.03.50 Director. The Director of the City of Prattville Planning and Development Department or their authorized designee.

§ 2.03.51 District or Zoning District. A division of the City of Prattville for which permitted uses, lot sizes, building heights and other requirements are established.

§ 2.03.52 Donation Bin. A portable or stationary, enclosed container into which donated goods are collected before being transported to another premises for processing.

§ 2.03.53 Dwelling or Dwelling Unit. One or more rooms in the same structure, connected and constituting a separate, independent housekeeping unit for permanent residential occupancy and with facilities for sleeping and cooking.

1.

Dwelling, Accessory. A subordinate, independent dwelling unit located on the same lot as a detached single-family dwelling. See § 7.01 Accessory Dwellings.

2.

Dwelling, Caretaker. A residence, incidental to a principal use, for an on-site manager, watchman or caretaker employed on the premises.

3.

Dwelling, Duplex. A building arranged to be occupied by two families living independently of each other, the structure having two dwelling units.

4.

Dwelling, Multifamily. A building containing five or more dwelling units.

5.

Dwelling, Quadplex. A residential building containing four dwelling units.

6.

Dwelling, Single-Family Attached or Townhouse. A dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated by vertical common, fire-resistant walls.

7.

Dwelling, Single-Family Detached. A building containing one dwelling unit that is not attached to any other dwelling and is surrounded by open space or yards.

8.

Dwelling, Single-Family Semi-Detached. A single-family dwelling attached to one other single-family dwelling by a common, vertical wall, with each dwelling located on a separate lot.

9.

Dwelling, Tiny Home. A site-built, modular or prefabricated structure of less than 500 square feet, exclusive of any loft space, used for permanent or temporary residential occupancy and that complies with Building Code requirements for residential occupancy.

10.

Dwelling, Triplex. A residential building containing three dwelling units.

11.

Dwelling, Upper-story. A dwelling unit located on a floor above another use in the same building.

12.

Dwelling, Zero Lot Line. A single-family detached dwelling located on a lot so that one of the dwelling's sides rests on a lot line.

Dwelling Types

§ 2.03.54 Emergency Shelter. A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms, or other emergencies.

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

§ 2.03.56 Entertainment and Recreation Uses.

1.

Adult Entertainment. See Adult Entertainment.

2.

Indoor Entertainment. An establishment providing spectator entertainment within an enclosed building, including but not limited to movie theaters, playhouses, live music venues but excluding Adult Entertainment.

3.

Indoor Recreation. An establishment providing recreation or fitness services within an enclosed building, including but not limited to fitness, swimming, yoga, martial arts, dance, billiards, bowling and gaming but excluding Adult Entertainment.

4.

Outdoor Entertainment. An establishment providing spectator entertainment in open or partially enclosed or screened facilities, including but not limited to sports arenas, racing tracks and drive-in theaters but excluding Adult Entertainment.

5.

Outdoor Recreation. An establishment providing recreation or fitness services primarily outside of a structure, including but not limited to golf courses, driving ranges, miniature golf, swimming pools and tennis facilities and amusement parks but excluding Adult Entertainment.

§ 2.03.57 Family. Any one of the following arrangements when living in a dwelling as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and housekeeping facilities:

1.

A person living alone;

2.

Two or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship living together;

3.

No more than four unrelated persons living together;

4.

A number of unrelated persons but not exceeding two and any children related to either of them by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, living together.

§ 2.03.58 Farm. Land upon which the predominant activity is agriculture, which may also include a single-family dwelling and any accessory structures incidental to the dwelling or agricultural use.

§ 2.03.59 Farm Support Business. A commercial establishment engaged in the sale of farm support goods and services, including but not limited to, 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 farm animals.

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

§ 2.03.61 Floor Area, Gross. The total area of a building measured using the outside dimensions of the building at each floor level intended for occupancy or storage.

§ 2.03.62 Fowl. Chickens, turkeys, ducks, geese, quail, guineas and similar birds raised, kept or bred for agricultural or commercial purposes or for egg or food production.

§ 2.03.63 Front Loaded. See Lot Configuration, Dwellings.

§ 2.03.64 Gas Station. An establishment involving the retail dispensing of automotive fuels.

§ 2.03.65 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.

§ 2.03.66 Group Care Home. A dwelling for the sheltered care of persons, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. Residents are supervised by a sponsoring entity or its staff, which furnishes rehabilitative services to the residents. A Group Care Home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or legal guardians. Group Care Homes are further categorized as follows:

1.

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

2.

Family Care Home. A Group Care Home, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to serve socially, physically, mentally, or developmentally impaired children in a family-type living arrangement, and which meet or exceed the minimum requirements of § 11-52-75.1 Regulations as to housing of mentally retarded or mentally ill persons in multifamily zones, Code of Alabama, 1975 as amended.

3.

Transitional Care Home. A Group Care Home, serving up to ten individuals, some of whom may be unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or more resident managers, whose purpose is to assist persons, especially those leaving institutions, to reenter society and learn to adapt to independent living.

§ 2.03.67 Hardship. Any 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.

§ 2.03.68 Home Occupation. Business carried on in a dwelling that is limited in extent and clearly incidental and secondary to the use of the property for residential purposes. See § 7.09 Home Occupations.

§ 2.03.69 Home Stand. A space designed for the placement of a manufactured home within a Manufactured Home Park.

§ 2.03.70 Hospital. An institution providing health services, primarily for inpatients, and medical and surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

§ 2.03.71 Hotel. An establishment providing sleeping accommodations for the traveling public, in which guest rooms are accessed from the interior of the building. Hotels may also include dining facilities, fitness centers and similar incidental services for guests.

§ 2.03.72 Improvement. Any permanent item that becomes a part of, is placed upon or is affixed to real estate.

§ 2.03.73 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.

§ 2.03.74 Indoor Entertainment. See Entertainment and Recreation Uses.

§ 2.03.75 Indoor Recreation. See Entertainment and Recreation Uses.

§ 2.03.76 Industry, Heavy. Industrial processing which transforms materials, particularly raw materials, into a new substance, compound, or product. Uses include, but are not limited to, meat or poultry processing, slaughterhouse, chemical and petroleum processing and manufacturing, foundries, the storage or manufacturing of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature.

§ 2.03.77 Industry, Light. Industrial activity not otherwise classified as Heavy Industry including manufacturing activity that uses moderate amounts of processed or partially processed materials to produce items of relatively high value per unit weight that are typically sold to end users rather than as intermediates for use by other industries.

§ 2.03.78 Institutional Uses. Structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. This does not include institutional facilities which involve on-premises garages, repair or storage yards, or warehouses. Institutional uses are categorized as follows:

1.

Low Intensity. Government and nonprofit cultural facilities up to 4,000 square feet; places of assembly up to 199 seats.

2.

Medium Intensity. Government and nonprofit cultural facilities up to 12,500 square feet; health institutions up to 35,000 square feet; elementary and junior high/middle schools; places of assembly with 200 to 500 seats; other institutions up to 35,000 square feet.

3.

High Intensity. Government and cultural facilities greater than 12,500 square feet; health institutions greater than 35,000 square feet; places of assembly greater than 500 seats; high schools, universities, colleges, junior colleges; stadiums and arenas; other institutions greater than 35,000 square feet.

§ 2.03.79 Junkyard. Any lot, parcel of land, structure or part thereof on which is kept, stored, bought or sold, articles commonly known as junk, including scrap paper, scrap metal, and used automobile bodies and parts. Does not include Recycling Center or Recycling Plant.

§ 2.03.80 Kennel. An establishment in which domesticated animals are housed, groomed, bred, boarded, trained or sold, all for compensation. In contrast to Pet Grooming establishments, animals may be kept overnight in outside runs or other unenclosed or partially enclosed spaces overnight.

§ 2.03.81 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.

§ 2.03.82 Laundry Services. Laundromat, laundry and dry-cleaning pick-up stations and clothing storage, excluding laundering Plants.

§ 2.03.83 Lot. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for development.

§ 2.03.84 Lot Configuration, Dwellings. Refer also to diagrams following.

1.

Front Loaded. Lot configuration in which parking for the dwelling extends forward of the front building line or within an attached garage located along the front of the dwelling.

2.

Rear Loaded. Lot configuration in which parking for the dwelling, whether on a driveway or within a detached or attached garage, is accessed only from the rear of the lot by an alley or private or shared accessway.

3.

Side Loaded. Lot configuration in which parking for the dwelling is accessed from the front of the lot by a driveway located within a side yard and that extends toward the rear of the lot so that at least two vehicles may be parked behind the front building line.

Front Loaded Lot

Rear Loaded Lot

Side Loaded Lot

§ 2.03.85 Lot Frontage. Lot width measured at the front lot line.

§ 2.03.86 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 also to diagrams under Yard.

1.

Lot Line, Front. The lot line separating a lot from a street right-of-way. In the case of Single-Frontage Corner Lots, there is a primary and secondary front line. The shorter of the two is the primary front lot line. All other corner lots are considered Dual-Frontage Corner Lots, in which case, both lot lines along streets are considered front lot lines. Refer to diagram following.

2.

Lot Line, Rear: That lot line that is generally parallel to and most distant from the Front Lot Line. In the case of a triangular or irregularly shaped lot, a line ten feet in length, entirely within the lot, parallel to and at the maximum distance from the Front Lot Line.

Rear Lot Line of a triangular lot

§ 2.03.87 Lot Width. Width of the lot measured at the front setback line unless otherwise specified by the district regulations or subdivision regulations.

§ 2.03.88 Manufactured Home. A structure constructed on or after June 15, 1976, according to the rules of the US Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight feet wide or at least 40 feet long or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning, and electrical systems of the home. Removal of wheels or chassis and placing such a structure on the ground, or other foundation does not remove such a unit from this definition.

§ 2.03.89 Manufactured Home Park. Land used or designed as a manufactured home community containing multiple home stands for rent or lease.

§ 2.03.90 Manufactured Home Subdivision. A division of a tract of land into three or more lots intended for the siting of manufactured homes for dwelling purposes.

§ 2.03.91 Manufacturing.

1.

General Manufacturing. Manufacturing of finished products and component products or parts, including the transportation, treatment, or processing of materials or substances, but excluding uses defined as Heavy Industry.

2.

Light Manufacturing. Indoor assembly and manufacturing of finished products or parts from previously prepared materials and parts. This includes fabrication limited to shaping or defining the final product provided such fabrication is not the primary activity of the operation.

§ 2.03.92 Medical Clinic. A building, in which a group of physicians, dentists, and associated professional assistants are associated for the purpose of carrying on their profession. Medical Clinics provide outpatient care with or without appointments and may include dental or medical laboratories, surgery suites but excludes any in-patient care.

§ 2.03.93 Mini-storage Facility. A building or group of buildings containing separate, individual and private storage spaces for rent or lease.

§ 2.03.94 Modular structure. A structure manufactured off-site in accordance with the Building Code, transported to and assembled on the building site on a permanent foundation. A "modular home" is a Modular Structure designed, manufactured and used for dwelling purposes and, under this Ordinance, is regulated the same as a site-built dwelling, except as otherwise specified for Tiny Homes.

§ 2.03.95 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.

§ 2.03.96 Nonconforming Building or Structure. A building or structure that does not conform to the area or dimensional requirements of the applicable district.

§ 2.03.97 Nonconforming Lot. A lot that does not conform to the area and dimensional requirements of the applicable district.

§ 2.03.98 Nonconforming use. A use of any structure or land which, though originally lawful, does not conform with the provisions of this Ordinance or any subsequent amendments thereto for the district in which it is located.

§ 2.03.99 Nonresidential Use. Uses including agricultural, institutional, commercial, lodging and industrial activities.

§ 2.03.100 Office. See Business or Professional Office.

§ 2.03.101 Open Space. A yard area not used for a building, structure, driveway, parking, loading or storage.

§ 2.03.102 Open Space, Common. Land area within a development that is held in common ownership and maintained by a property owner's association for all of the owners for recreation, protection of natural land features, amenities or buffers; is freely accessible to all owners of the development; and is protected by the provisions of this Ordinance to ensure that it remains in such use.

§ 2.03.103 Outdoor Entertainment. See Entertainment and Recreation Uses.

§ 2.03.104 Outdoor Recreation. See Entertainment and Recreation Uses.

§ 2.03.105 Outdoor Storage. The keeping in an unenclosed area of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

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

§ 2.03.107 Parking Lot. An off-street parking area containing three or more parking spaces serving one or more nonresidential uses or serving more than one dwelling.

§ 2.03.108 Parking, Off-site. Parking lots or structures providing parking for uses not located on the premises.

§ 2.03.109 Personal Service. An establishment providing services involving the care of a person or their personal goods or apparel, including hair, nail and tanning salons, licensed massage therapists and repair of watches, phones, tablets, computers and other personal electronics.

§ 2.03.110 Pet Grooming. An establishment providing grooming services 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. Pet Grooming may also include overnight boarding of household pets.

§ 2.03.111 Place of Assembly. A facility used for and providing religious, fraternal, recreational, social, educational or cultural activities.

§ 2.03.112 Planning Commission or Commission. Planning Commission of the City of Prattville, Alabama.

§ 2.03.113 Printing Service. Blue printing, copying, printing, engraving or other reproduction services.

§ 2.03.114 Public Facility. Buildings providing public services, not otherwise defined in this Section, including government offices, post offices, museums, libraries, transit stations, police and fire stations, emergency service stations, civil defense operations and similar uses.

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

§ 2.03.116 Public Utility Facility, Minor. A facility that provides utility services to the public at large, including water and sewer, gas distribution, electric transmission and distribution, and cable transmission and distribution facilities but excluding those defined as Major Public Utility Facility.

§ 2.03.117 Rear Loaded. See Lot Configuration, Dwellings.

§ 2.03.118 Recreational Vehicle. A vehicular-type structure, primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered, including, but not limited to, travel trailers, camping trailers, campers and motor homes.

§ 2.03.119 Recreational Vehicle Park. A campground designed with spaces for recreational vehicle camping.

§ 2.03.120 Recyclable Material. Reusable material including but not limited to, metal cans, glass, plastic, and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable Material does not include inoperative trucks, automobiles or other vehicles, and chassis or parts of the same; household appliances, white metals, used heating or refrigerating equipment, farm implements, machinery, scrap metal, etc.

§ 2.03.121 Recycling Center. Land, with or without buildings, other than a Junkyard, where Recyclable Materials are collected and may be separated, packed, bailed, stored and compacted before being transported to a recycling plant or other location for processing and eventual reuse.

§ 2.03.122 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.

§ 2.03.123 Repair Service. An establishment engaged in the repair and maintenance of electrical, electronic and mechanical equipment, and home and business appliances.

§ 2.03.124 Research Laboratory. Facility for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

§ 2.03.125 Restaurant.

1.

Restaurant, Fast Food. An establishment where food and drink may be ordered from an automobile and delivered through a drive-through window or to an ordering station.

2.

Pick-Up and Delivery Only Restaurant. An establishment where food and drink are prepared and sold for consumption off-premises only

3.

Standard Restaurant. An establishment where food and drink are prepared, served and consumed, mostly within the principal building. Standard restaurants may also offer pick-up service.

§ 2.03.126 Retail, General. Retail sales of goods and services including, but not limited to; clothing and shoe stores, home furnishings, appliance stores, automobile parts and supply stores, gift shops, florist shops, drugstores, medical supplies, hardware stores, jewelry stores, sporting goods stores and antique shops.

§ 2.03.127 Retail, Unenclosed. Retail sales of goods and services conducted partially or fully outside of a building, including but not limited to flea markets, monument sales, lumber yards and similar activities. Other types of outdoor retail sales are separately categorized as Heavy Equipment and Vehicle Sales, Rental and Service; Vehicle and Equipment Sales, Rental and Service; and Vehicle Sales or Rental.

§ 2.03.128 Satellite Dish. For the purposes of § 3.04 Structures, a structure designed to receive television, radio and similar transmissions.

§ 2.03.129 Setback. See Yard.

§ 2.03.130 Setback Line. A line parallel to the corresponding lot line at the yard depth required in the applicable district.

§ 2.03.131 Side Loaded. See Lot Configuration, Dwellings.

§ 2.03.132 Sign. Refer to Article 9 Signs.

§ 2.03.133 Small Cell Facilities. A type of wireless broadband infrastructure involving small cell wireless technology that typically takes the form of small antennae placed on buildings, utility poles and other existing structures as further defined and regulated by Prattville City Code Chapter 58, Article III Small Cell Wireless Facilities. This does not include Telecommunication Tower.

§ 2.03.134 Special Exception. Uses identified as such in the district regulations and minor adjustments to parking, height, material requirements and other regulations that may be authorized by the Board of Zoning Adjustment subject to appropriate conditions as set forth and approved by the Board. Special Exceptions may not be appropriate generally or without restrictions, but if controlled as to number, area, location, or relation to the surrounding area, would not harm the general public health, safety, or welfare. Formerly referred to as a use-on-appeal.

§ 2.03.135 Story. That portion of a structure included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of the structure between the upper surface of the topmost floor and the ceiling or roof above.

§ 2.03.136 Street Line. The dividing line between a right-of-way and the contiguous property, including planned rights-of-way.

§ 2.03.137 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, signs, walls, fences and manufactured homes, but not including utility poles and overhead wires.

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

§ 2.03.139 Subdivision Regulations. The Subdivision Regulations of the City of Prattville, Alabama.

§ 2.03.140 Temporary Structure. A business structure, not used as a residence or habitation, of one or more of the following types: portable or preassembled metal buildings or storage structures, tents, freestanding awnings, sun screens, sunshades, shelters and other structures composed of flexible materials, and all structures of a temporary character or intended for short-term occupancy. This term does not include construction trailers, not used for sales or habitation, at the site of properly permitted construction during such construction. This term does not include portable or preassembled metal buildings used as accessory structures to permanent business structures.

§ 2.03.141 Temporary Use. A use, involving portable or temporary structures, established for a limited duration with the intent to discontinue such use upon the expiration of the allowed period.

§ 2.03.142 Tiny Home. See Dwelling, Tiny Home.

§ 2.03.143 Tiny Home on Wheels. A pre-fabricated structure used for temporary or permanent 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.

§ 2.03.144 Use. The purpose for which land or a building or other structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.

§ 2.03.145 Variance. A relaxation from zoning regulations granted by the Board, where such relaxation will not be contrary to the public interest. See § 12.04 Variances.

§ 2.03.146 Vehicle Sales, Rental and Service.

1.

Heavy Vehicle and Equipment Sales, Rental and Service. The sale or rental of trucks over one ton, tractors and farm implements, manufactured homes, recreational vehicles, boats, and construction and similar equipment, including the storage, maintenance and servicing of the same.

2.

Vehicle and Equipment Sales, Rental and Service. The sale or rental of automobiles, light trucks, motorcycles, riding lawn mowers and similar household and gardening equipment, including the storage, maintenance and servicing of the same.

§ 2.03.147 Veterinary Hospital. A facility operated by a licensed veterinarian specifically for the practice of veterinary medicine.

§ 2.03.148 Wholesaling Establishment. An establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wholesaling establishments include those with accessory retail sales provided that retail sales do not exceed 10% of inventory or sales.

§ 2.03.149 Yard. An open area of a lot, measured from a property line to the nearest point of the principal structure. A required yard means a yard the depth of which is specified in the "Area and Dimensional Requirements" for the applicable district. Refer also to Lot Line and accompanying diagrams.

1.

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 rear most line of the building.

2.

Front Yard. The yard extending across the entire width of the lot between the Principal Building including covered porches, and the Front Lot Line or an official future street right-of-way line if established. Refer to Corner Lot for front yard locations.

a.

Primary Front Yard. The yard of a Single-frontage Corner Lot that corresponds with the Front Yard of the adjoining Interior Lot.

b.

Secondary Front Yard. A yard of a Single-frontage Corner Lot along a Front Lot Line other than the Primary Front Yard.

3.

Rear Yard. The yard extending across the entire width of the lot between the Principal Building, including covered porches, and the rear lot line. On all lots the Rear Yard is opposite the Front Yard or Primary Front Yard.

4.

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

Interior Lot

Double-frontage Corner Lot

Single-frontage Corner Lot

(Ord. No. 2022-008, 3-15-2022)

§ 2.04.01 ac - acre

§ 2.04.02 ADEM - Alabama Department of Environmental Management

§ 2.04.03 BMP - Best Management Practices

§ 2.04.04 dBA - A-weighted decibel

§ 2.04.05 DU - dwelling unit

§ 2.04.06 FEMA - Federal Emergency Management Agency

§ 2.04.07 FIRM - Flood Insurance Rate Map

§ 2.04.08 ft - feet

§ 2.04.09 max. - maximum

§ 2.04.10 MDP - Master Development Plan

§ 2.04.11 min. - minimum

§ 2.04.12 MUTCD - Manual on Uniform Traffic Control Devices

§ 2.04.13 n/a - not applicable

§ 2.04.14 NFPA - National Fire Protection Association

§ 2.04.15 PUD - Planned Unit Development

§ 2.04.16 ROW - right-of-way

§ 2.04.17 sf - square feet

§ 2.04.18 STR - Short Term Rental

(Ord. No. 2022-008, 3-15-2022)