The city council enacts this chapter according to the authority granted to the city in Code of Ala. 1975, ch. 11-52.

(Zoning Ord. 2019, § 2, 6-24-2019; Ord. No. 87, 4-23-1973; Ord. No. 247, § 3-86)

(a)

The zoning administrator is authorized to make a final determination of the meaning of any term used in this chapter considering, when applicable, the definitions provided in this section, in other definition sections within this chapter, and in the general definitions provided in section 1-2. In case of any dispute, an appeal of the zoning administrator's determination may be filed with the zoning board of adjustment.

(b)

For the purposes of this chapter, the terms and phrases defined in this section shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires. In the event a term is not listed in this section or is not defined elsewhere in this chapter, the conventional meaning of the term shall apply.

Abut, adjacent, adjoin, or contiguous means to physically touch or border upon; or to share a common border with or be separated from the common border by an easement.

Access means a way or means of approach to provide physical entrance to a property.

Accessory structure means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory use means a use of land or of a building, or portion thereof, commonly associated with and integrally related to the principal use of the land or building on the same lot, and which constitutes a customarily incidental and insubstantial part of the total activity on the lot.

Acre means a measure of land area containing 43,560 square feet.

Addition means a structure added to the original structure at some time after completion of or after a certificate of occupancy has been issued for the original structure.

Alteration means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Applicant means a person submitting an application for development.

Basement means a portion of a building located wholly or partially underground, having one-half or more of its floor-to-ceiling height above the average grade of the adjoining ground.

Bedroom means a room marketed, designed, or otherwise likely to function primarily for sleeping.

Berm means a grass-covered or landscaped mound of earth with a slope of one-third or greater on both sides of the mound, used to screen activities or uses on a lot.

Board means the city zoning board of adjustment.

Boarder means an individual, other than a member of the family, occupying the dwelling unit or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

Buffer yard means a landscaped strip of specified width, along certain segments of the site perimeter, reserved for screening one use or structure from another adjacent use (including those uses on adjoining properties and properties directly across a right-of-way).

Building means a structure designed to be used as a place of occupancy, storage, or shelter.

Building, accessory, means a subordinate building detached from a principal building on the same lot that is used incidentally to a principal building or that houses an accessory use.

Building, principal, means the primary building on a lot or a building that houses a principal use.

Building front means the exterior wall of a building which faces a street line on the lot.

Building height means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof.

Building line means a line generally parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located.

Building spacing means the minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices, and gutters.

Carport means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

Club means a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.

Commission, unless otherwise specifically provided, means the city planning commission.

Condominium means an ownership arrangement, not a land use. It is allowed in any district and under the same restrictions as the land uses that it comprises. It is characterized by private ownership of individual units and undivided common ownership and maintenance of designated exterior and interior spaces by a condominium association of unit owners.

Density means the minimum required lot area per dwelling unit or the maximum number of dwelling units per acre of site area.

Development means the division of a parcel of land into two or more parcels; 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 use of land.

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

Dwelling, attached, means three or more dwelling units adjoining one another by a common roof, wall or floor, such as a townhouse or apartment.

Dwelling, detached, means a dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, such as a single-family residence, patio or garden home, or manufactured home.

Dwelling, multifamily, means a building containing two or more dwelling units on a commonly shared lot, such as a duplex or apartment.

Dwelling, semi-detached, means two dwelling units adjoining one another by a common roof, wall, or floor, such as a duplex or twin townhouses.

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

Dwelling unit means an enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use by a single-family.

Easement means authorization by a property owner for the use of a designated part of his property by another for a specified purpose.

Family means one or more persons living together as a single housekeeping unit.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Floor area, gross, means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Improvement means any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Livable or habitable floor area means any floor area within a dwelling usable for any combination of sleeping, eating, cooking, recreation, or working purposes.

Lot means a parcel of land in one ownership used, or set aside and available for use, as the site of one or more buildings and accessory buildings, or for any other purpose means a lot is not divided by a street and does not include any land within the abutting right-of-way of a public or private street, even if the ownership to such right-of-way is in the owner of the lot means a lot for the purpose of this chapter may or may not coincide with a lot of record.

Lot, corner, means a lot abutting two or more streets at their intersection. Front lot line will be street you egress or ingress from means the other side will be considered a side yard. If egress or ingress is from both streets or if both streets are major streets, then both sides will be considered front lines.

Lot, double frontage orthrough, means a lot having frontage on two streets but not at their intersection and has egress or ingress from both streets.

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

Lot, reverse frontage, means a double frontage lot having a rear yard on a major street with no egress or ingress and a front yard on and access to a local or marginal access street.

Lot area orlot size means the minimum area contained within the property boundaries of the individual parcels of land shown on a subdivision plat or survey. Lot area excludes any area within an existing or future street right-of-way, or any area devoted to common open space.

Lot frontage orfrontage means lot width measured at the street line. When a lot has more than one street line, lot width shall be measured, and the minimum lot width required by this chapter shall be provided at each such line.

Lot line means a line bounding a lot, which divides one lot from another or from a street or from any other public or private space.

Lot line, front, means in the case of a lot abutting only one street, the street line separating such lot from such streets shall be the front lot line; in the case of a double frontage lot, each street line separating such lot from a street shall be the front lot line; in the case of a corner lot, the street line having the least dimension.

Lot line, rear, means that lot line which is parallel to and most distant from the front line of the lot. In the case of an irregular or triangular lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of a double frontage lot, there are no rear lot lines but only front and side lot lines.

Lot line, side, means any lot line other than a front or rear lot line.

Lot of record means any validly recorded lot which, at the time of its recordation, complied with all applicable laws, chapters, and regulations.

Lot width means the minimum distance measured between the side lot lines at the required building setback line. In the case of only one side lot line, lot width is the distance measured between the side lot line and the opposite lot line.

Manufactured home lot means a lot that is designed for use by a manufactured home within a manufactured home subdivision.

Manufactured home space means a space that is designed for use by a manufactured home within a manufactured home park.

Nonconformities means lawful uses, lots, structures, or characteristics of uses which, as a result of adoption or subsequent amendment to this chapter, no longer conform to all applicable zoning provisions.

Open space, common, means land area within a residential development that is held in common ownership and maintained by a homeowners' association for all of the residents for recreation, protection of natural land features, amenities, or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this chapter to ensure that it remains in such uses. Common open space does not include surface water bodies (i.e., rivers, streams, lakes, or ponds) nor land occupied by nonresidential buildings, common driveways or parking areas, or street rights-of-way; nor does it include lots for single-family or multifamily dwellings. Common open space shall be left in a natural state or landscaped, except in the case of recreational structures.

Outdoor storage means the keeping, in an unenclosed area, of any goods, materials, merchandise, or vehicles in the same place for more than 24 hours.

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

Patio or terrace means a level, landscaped or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.

Perimeter means the boundaries or borders of a lot, tract, or parcel of land.

Porch means a roofed open area, which may be windowed or screened, attached to and with direct access to or from a building means a porch becomes a room within the building when heated or air conditioned or when the walled area is less than 50 percent windowed or screened.

Premises means a lot, parcel, tract, or plot of land together with the structures thereon.

Property line means the lot line.

Retail means the provision of services or the sale of goods and merchandise to the public at large for personal or household use or consumption.

Satellite dish antenna means an accessory structure designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.

Screening means a method of visually shielding or obscuring one use or structure from another adjacent use (including adjoining properties and properties directly across a right-of-way) by opaque fencing, walls, berms, or densely planted vegetation installed within a buffer yard.

Sidewalk means a paved, surfaced, or leveled area, paralleling and separated from the street, used as a pedestrian walkway.

Sight triangle means a triangular-shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Site means parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.

Site area means a minimum land area required to qualify for a particular use or development. Site area is taken from an actual site survey and excludes land:

(1)

Within an existing or future street right-of-way;

(2)

Which is not contiguous or is cut off by a major barrier;

(3)

Which is part of a previously-approved development; and

(4)

Which is zoned for another use.

Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or ceiling next above means a mezzanine or partial floor shall be counted as a story if the vertical distance from the floor next below to the floor or ceiling next above is 24 feet or more means a basement shall be counted as a story if it is used as livable area in the case of dwellings or is used by the principal use in the case of all other uses.

Story, half, means a space under a sloping roof, in which the floor area with head room of five feet or greater occupies no more than two-thirds of the total floor area of the story directly beneath.

Street means any vehicular way which has been dedicated to the public for public use, including all land within the right-of-way.

Street, arterial, means a major street intended to move through traffic to and from major activity centers within the city or intended as a major route between communities.

Street, collector, means a major street intended to move traffic from local streets to arterial streets means a collector street serves a neighborhood or large subdivision.

Street, local, means a minor residential street intended to provide access to other streets from individual lots.

Street, major, means a collector or arterial street.

Street, marginal, access, or service, means a street intended to provide access to a parallel arterial street from adjacent properties.

Street line means the lot line along the street right-of-way.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground means all buildings are structures but not all structures are buildings.

Subdivision means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Such term includes re-subdivision of land and, when appropriate to the context, relates to the process of subdivision or to the land or territory subdivided.

Travel trailer means a structure that is intended to be transported over the streets, either as a motor vehicle or attached to or hauled by a motor vehicle and is designed for temporary recreational use as sleeping quarters but that does not meet the defined criteria of a manufactured home.

Use means the activity or function that actually takes place or is intended to take place on a lot or site. Specific uses are defined in section 40-281.

Variance means a relaxation or waiver of the terms of this chapter (other than use provisions) as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done, as determined by the zoning board of adjustment.

Yard means a minimum open area, unobstructed from the ground up, on the same lot with a structure, extending along a lot line and inward to the structure means the yard shall be measured as the shortest distance between the structure and a lot line.

Yard, front, means a minimum yard between a structure and a front lot line and extending the entire length of the front lot line. In the case of a double frontage lot, which fronts on more than one street, the yards extending along all streets are front yards. In the case of a corner lot, the yard extending along the street line of least dimension.

Yard, rear, means a minimum yard between a structure and a rear lot line and extending the entire length of the rear lot line. In the case of a double frontage lot, there are no rear yards but only front and side yards.

Yard, side, means a minimum yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of an odd-shaped lot, any yard that is not a front or rear yard is a side yard. In the case of a double frontage lot, any yard that is not a front yard is a side yard.

Zoning administrator means an official charged with the administration and enforcement of this chapter.

(Zoning Ord. 2019, §§ 370, 371, 380, 6-24-2019)

(a)

The city council divides the territory within its corporate limits into business, industrial, and residential zones or districts and may provide the kind, character, and use of structures and improvements that may be erected or made within the several zones or districts established and may, from time to time, rearrange or alter the boundaries of such zones or districts and may also adopt such chapters as necessary to carry into effect and make effective the provisions of this chapter.

(b)

The city council may divide the city into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter, and within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations are uniform for each class or kind of buildings throughout each district, but the regulations in any one district may differ from those in other districts.

(c)

For the purpose of promoting the health, safety, morals, or general welfare, this chapter may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.

(d)

The city council shall provide for the manner in which these regulations and restrictions, and the boundaries of such districts shall be determined, established, and enforced and from time to time amended, supplemented, or changed and may adopt such chapters as may be necessary to carry into effect and make effective the provisions of this chapter.

(Zoning Ord. 2019, § 3, 6-24-2019)

(a)

This chapter is intended to be in accordance with the city comprehensive plan and designed to:

(1)

Lessen congestion in the streets;

(2)

Secure safety from fire, panic, and other dangers;

(3)

Promote health and the general welfare;

(4)

Provide adequate light and air;

(5)

Prevent overcrowding of land;

(6)

Avoid undue concentration of population; and

(7)

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public improvements.

(b)

This chapter is intended to give reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Zoning Ord. 2019, § 5, 6-24-2019)

(a)

Wherever this chapter requires a greater width or size of yards or courts or other open spaces or requires a lower height of buildings or a lesser number of stories or requires a greater percentage of lot to be left unoccupied or imposes other higher standards than are required in any other statute or local law or regulation, the provisions of this chapter shall govern.

(b)

Wherever the provisions of any other statute or local law or regulation require a greater width or size of yards, courts, or other open spaces or require a lower height of buildings or a lesser number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than this chapter, the provisions of such statute or local law or regulation shall govern.

(Zoning Ord. 2019, § 6, 6-24-2019)

These regulations shall not be construed as abating any existing or pending action; or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue; or as affecting the liability of any person or entity; or as waiving any right of the city under any section or provision existing at the time of adoption of the ordinance from which these regulations are derived; or as vacating or annulling any rights obtained by any person or entity by lawful action of the city, except as shall be expressly provided for in these regulations.

(Zoning Ord. 2019, § 8, 6-24-2019)

For the promotion of public peace, order, safety, or general welfare, the city may, within residential districts established by this chapter, regulate as to the housing or residence therein of the different classes of inhabitants, but such regulations shall not discriminate in favor of or against any class of inhabitants.

(Zoning Ord. 2019, § 4, 6-24-2019)