Unless otherwise provided by this chapter, all uses and activities established after the effective date of the ordinance from which this chapter is derived shall comply with the supplemental requirements established by this chapter.

(Zoning Ord. 2019, § 90, 6-24-2019)

This division assigns supplemental standards over and above those imposed by other sections of this chapter. Although permitted in certain districts, some uses have unique characteristics that require these supplemental standards.

(Zoning Ord. 2019, § 100, 6-24-2019)

The following uses, when referred to in this chapter, shall have the meanings defined by this section:

(1)

Agricultural uses.

a.

Farm. A ten-acre or larger tract of land used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to man, including the following farming activities and the incidental sale of products on the premises:

1.

Forages and sod crops;

2.

Grains and seed crops;

3.

Dairy animals and products;

4.

Poultry, including egg production but excluding poultry processing;

5.

Livestock, such as beef cattle, sheep, goats, or any similar livestock, including the breeding and grazing of such animals but excluding meat processing and the keeping of pigs or poultry;

6.

Nursery operations involving the raising of plants, shrubs, and trees for sale and transplantation and including greenhouses and incidental sales of items customarily associated with a nursery operation;

7.

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

8.

Stables engaged in the raising, keeping, boarding, or training of horses, ponies, and similar animals, including riding academies and incidental sales of riding accessories and animals raised or regularly kept on the premises;

9.

Bees and apiary products;

10.

Fisheries, excluding fish and seafood processing;

11.

Fur animals, limited to the breeding and raising of such animals;

12.

Fruits and vegetables of all kinds, including growing and harvesting of such fruits and vegetables, but excluding food processing;

13.

A booth or stall (farm stand) from which produce and farm products are sold to the general public;

14.

Refer to section 40-289 for supplemental use regulations.

b.

Farm support business. A commercial establishment engaged in the sale of farm support goods and services, including the following activities:

1.

The sale of feed, grains, fertilizers, pesticides, and similar farm support goods;

2.

The provision of warehousing and storage facilities for raw farm products; and

3.

The provision of veterinary services to large animals.

c.

Hobby farm. A five acre or larger tract of land used for the production, keeping or maintenance of farm animals personally useful to the occupants of a dwelling on the same tract but excluding the keeping pigs, poultry, or large livestock.

d.

Kennel. The boarding or raising of small household pets for commercial purposes.

e.

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

(2)

Residential uses.

a.

Accessory apartment. An accessory dwelling unit attached to or detached from a single-family residence and located on the same lot. The term includes garage apartments.

b.

Apartment. Three or more attached, multifamily dwellings within a building of three or less stories. Refer to section 40-282 for supplemental use regulations.

c.

Assisted living facility. See the definition of "domiciliary care or assisted living facility" in subsection (3)j of this section.

d.

Combination dwelling. A dwelling unit used in combination with a nonresidential use, such as the family residence of a manager, business owner, or security guard within the same building or on the same lot of an institutional, commercial, or industrial establishment.

e.

Duplex. A semi-detached, multifamily dwelling.

f.

Garden home. A detached, single-family dwelling designed on a small lot with one zero lot line on one side. Refer to section 40-284 for supplemental use regulations.

g.

Group care residence. A group care home serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit within a dwelling, under the supervision of one or two resident managers. The home serves socially, physically, mentally, or developmentally impaired individuals in a family-type living arrangement, including childcare homes for orphans or neglected children, handicapped or infirm homes for the mentally retarded or mentally ill, rehabilitation homes for drug or alcohol dependency, emergency care homes for abused spouses or children, and similar group residency facilities. The group care residence provisions of this chapter meet or exceed the minimum requirements Code of Ala. 1975, § 11-52-75.1.

h.

Manufactured home. 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, which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, and which is connected to the required utilities, including plumbing, heating, air conditioning, and electrical systems contained therein.

i.

Manufactured home park. A tract of land used or designed to accommodate a manufactured home community of multiple spaces for lease or condominium ownership.

j.

Mobile home. A structure which complies with the definition of the term "manufactured home" but which was manufactured prior to June 15, 1976. After the effective date of the ordinance from which this chapter is derived, mobile homes shall be a nonconformity subject to the regulations established in division 3 of article VII of this chapter.

k.

Modular home. A dwelling constructed on-site in accordance with the Standard/International Building Code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home is not a manufactured home in that the latter is constructed in a plant in accordance with the manufactured home construction and safety standards of the federal department of housing and urban development and does not meet the construction standards of the international building code.

l.

Patio home. A detached, single-family dwelling constructed on-site in accordance with the standard building code. The unit occupies a small lot and has an enclosed yard area with a porch or patio. Refer to section 40-284 for supplemental use regulations.

m.

Residential cluster subdivision. A tract of land planned and developed as an integral unit under single ownership or control. Clustering permits a developer to create smaller lots than in a conventional subdivision without substantially increasing the overall density. Land saved by clustering becomes usable common open space to the residents of the subdivision. Lots within the cluster subdivision are restricted to single-family detached or attached dwellings, as permitted by the district.

n.

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

o.

Townhouse.

1.

Two or more attached, single-family dwellings within a building of eight or less units. Each dwelling occupies its own lot;

2.

Two or more dwellings attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one family; or

3.

A residential use in which each dwelling unit shares a common wall (including, without limitation, the wall of an attached garage or porch) with at least one other dwelling unit, in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.

p.

Upper-story or upper-floor apartment. A single or multifamily dwelling in the upper story of a building where the ground floor is devoted to commercial or institutional uses.

(3)

Institutional uses.

a.

Animal shelter. Nonprofit (Humane Society) or public organization providing shelter for small domestic animals.

b.

Boardinghouse. A dwelling for the residency of two or more boarders on a long-term basis (at least month-to-month). Each unit intended to be rented does not constitute a dwelling unit as defined by this chapter.

c.

Cemetery. Human burial grounds.

d.

Club. Buildings arranged for the gathering of private club members and their guests, including social club, professional association, fraternal club or lodge, union hall, civic association, and similar uses. Refer to section 40-1 for general definition.

e.

Community center. Buildings arranged for the community gathering for social, cultural, or community service purposes, including museums, galleries, community meeting rooms, community recreation centers, libraries, YMCAs, YWCAs, and similar uses.

f.

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

g.

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

h.

Day care center. A licensed facility, other than a residence, providing day care on a regular basis to more than six children, elderly, handicapped or infirm persons.

i.

Day care home. A licensed service operated from a dwelling by the resident, providing day care on a regular basis to six or less children, elderly persons, or handicapped or infirm persons.

j.

Domiciliary care or assisted living facility. Licensed homes for the aged, intermediate institutions, and related institutions (not otherwise defined by this section), whose primary purpose is to furnish room, board, laundry, personal care, and other nonmedical services, regardless of what it may be named or called, for not less than 24 hours in any week, to individuals not related by blood or marriage to the owner or administrator. This kind of care implies sheltered protection and a supervised environment for persons who, because of age or disabilities, are incapable of living independently in their own homes or a commercial board and room situation, yet who do not require the medical and nursing services provided in a nursing home. In these facilities, there might be available, temporarily and incidentally, the same type of limited medical attention as an individual would receive if living at home.

k.

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

l.

Military installation. A government-sponsored defense facility, including military bases, national guard centers, military reserve centers, armories, and similar uses.

m.

Nursing care facility. A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital but at a higher level than provided in a domiciliary care or assisted living facility.

n.

Park. Publicly-owned and operated parks, playgrounds, recreation facilities, and open spaces.

o.

Penal institution. A public institution housing inmates for correction or rehabilitation.

p.

Place of worship. Buildings arranged for religious service purposes, such as churches and synagogues, including related facilities for instruction, meeting, recreation, lodging, eating, and other integrally related activities.

q.

Public assembly center. Buildings arranged for the general assembly of the public at large for community events, including coliseums, stadiums, civic centers, and similar uses.

r.

Public utility facility. A facility that provides public utility services to the public at large, including water and sewerage facilities, gas distribution facilities, electric transmission and distribution facilities, and cable transmission and distribution facilities.

s.

Public utility service. Essential utility services which are necessary to support development and which involve only minor structures such as lines and poles.

t.

School. Public or nonprofit school.

(4)

Commercial uses.

a.

Animal hospital. A place where small household pets are given medical or surgical treatment, and short-term boarding of pets within an enclosed building may be provided.

b.

Bank or financial service. A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, and similar businesses.

c.

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

d.

Business or professional office. A place where the administrative affairs of a business or profession is conducted, such as the office of a law firm, real estate agency, insurance agency, architect, secretarial service, the administrative staff of business or industry, and the like.

e.

Business support service. A place of business which supplies support services primarily to business or professional offices or services, such as photocopy, computer, and office equipment supplies and services.

f.

Campground. A group of buildings or structures on a site of ten or more acres, planned as a whole for seasonal recreation or vacation uses, including tent campsites, travel trailer or recreational vehicle sites, vacation cottages, recreational facilities, eating facilities, bathrooms, and sale of personal care items and gifts. Refer to section 40-286 for supplemental use regulations.

g.

Car wash. A commercial establishment engaged in washing or cleaning automobiles and light vehicles.

h.

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

i.

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

j.

Convenience store. A small, one-story retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket), including not more than one automotive fuel service island.

k.

Cottage industry. An accessory business use which is conducted within a building accessory to the permanent dwelling unit of the business owner. Refer to section 40-287 for supplemental use regulations. See definition of the term "home occupation," subsection (4)s of this section.

l.

Building. Building, including movie theaters, playhouses, and similar indoor facilities.

m.

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

n.

Funeral home. A commercial establishment engaged in funeral and undertaking services for human burial.

o.

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

p.

General retail business, enclosed. Retail sales of goods and services, not otherwise defined by this section, conducted within an enclosed building, including, but not limited to, food sales, department stores, clothing stores, home furnishings sales, appliance stores, auto supplies stores, gift shops, specialty stores, jewelry stores, cosmetics sales, package liquor stores, tobacco stores, drug stores, variety stores, catalogue stores, and similar enclosed retail businesses.

q.

General retail business, unenclosed. Retail sales of goods and services, not otherwise defined by this section, conducted partially or fully outside of a building, including, but not limited to, sidewalk sales, outdoor food service, outdoor tire sales, and other outdoor display or sales.

r.

Home improvement center. A place of business providing building, appliance, yard and garden materials, tools, and supplies at retail and wholesale.

s.

Home occupation. An occupation for gain or support incidental to the use of the premises for residential purposes, conducted only by members of a family residing on the premises, and conducted entirely within a dwelling, in connection with which there is no advertising of any nature other than one non-illuminated accessory sign not exceeding two square feet in area. Refer to section 40-287 for supplemental use regulations. See definition of "cottage industry," subsection (4)k of this section.

t.

Hotel or motel. A commercial facility offering transient lodging accommodation on a daily or weekly basis to nine or more guests, which may include as an integral part of the facility such additional services as restaurants, meeting rooms, banquet rooms, gift shops, and recreational facilities.

u.

Laundry service. A commercial establishment providing laundering, dry cleaning, or dyeing service (other than a laundry or dry-cleaning pick-up station defined under personal service), such as a laundry and dry-cleaning plant, diaper or linen service, or laundromat.

v.

Medical support service. A place of business which supplies medical support services to individuals, medical practitioners, clinics, and hospitals, such as a pharmacy (where the business activity is limited to the filling of medical prescriptions and the sale of drugs and medical supplies), medical and surgical supply store, an optician, and the like.

w.

Mini-warehouse. A building or group of buildings containing separate storage spaces which are leased on an individual basis for the exclusive purpose of storing nonhazardous goods, but not including any activity other than dead storage. Refer to section 40-288 for supplemental use regulations.

x.

Open air market. Retail sales of arts, crafts, produce, discount or used goods partially or fully outside of an enclosed building, such as a flea market, produce market, craft market, or farmers' market.

y.

Personal service. A retail establishment engaged in providing services involving the care of a person, such as a barbershop, beauty shop, cosmetic studio, dry cleaning and laundry pick-up station, indoor exercise and fitness center, tanning salon, seamstress, tailor, shoe repair shop, key repair shop, travel agency, interior decorator, formal wear rental, and similar uses.

z.

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

aa.

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

bb.

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

cc.

Restaurant, standard. An establishment where food and drink are prepared, served, and primarily consumed within the building where guests are seated and served.

dd.

Shopping center, community or regional. A group of commercial establishments (as permitted in the district) located on a lot of ten or more acres planned and developed in a unified design with shared parking and driveway facilities and under common management authority.

ee.

Shopping center, neighborhood. A group of commercial establishments (as permitted in the district) located on a lot of three to less than ten acres planned and developed in a unified design with shared parking and driveway facilities and under a common management authority.

ff.

Specialty retail center. A group of commercial establishments (as permitted in the district) located on a lot of one to less than three acres planned in a unified design with shared parking and driveway facilities and under common management authority. The center may be a new development or involve the re-subdivision and redevelopment of residential lots so as to create a planned grouping of buildings and commercial uses with common parking areas and access drives under a common management authority.

gg.

Tourist home. An establishment, which may be a dwelling, which provides lodging for three to eight transient guests on a short-term basis (daily or weekly).

hh.

Vehicle repair service. A place of business engaged in the repair and maintenance of automobiles, light trucks, travel trailers, recreational vehicles, or boats, including the sale, installation, and servicing of mechanical equipment and parts and also painting, body work, upholstery work, fabrication of parts, or rebuilding of engines.

ii.

Vehicle sales or rental. A commercial establishment engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational vehicles, boats, or motorcycles, including incidental parking, storage, maintenance, and servicing.

jj.

Vehicle service station. A commercial establishment providing fuel, lubricants, parts, and accessories, and incidental repair and maintenance service to motor vehicles.

(5)

Industrial uses.

a.

Construction service. A place of business engaged in construction activities and incidental storage as well as wholesaling of building materials (but not a home improvement center which also sells at retail), such as a building contractor, trade contractor, or wholesale building supplies store.

b.

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

c.

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

d.

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

e.

Manufacturing, light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products.

f.

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

g.

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

h.

Salvage yard. A place of business engaged in the storage, sale, dismantling or other processing of used or waste materials, such as a junk or automotive salvage yard.

i.

Sanitary landfill. A state-approved site for solid waste disposal.

j.

Transmission tower. A tower used for the transmission of radio and television signals to the general public or private receivers, other than amateur radio towers and towers used by a public facility.

k.

Vehicle and equipment repair, major. A place of business engaged in the repair and maintenance of heavy trucks (over one ton), construction equipment, tractors and implements.

l.

Vehicle and equipment sales, major. A place of business engaged in the sale or rental of heavy trucks (over one ton), construction equipment, tractors and farm implements, manufactured homes, and similar heavy equipment, including incidental storage, maintenance, and servicing.

m.

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

n.

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

(6)

Temporary uses. All temporary uses shall last for a period of no more than 30 consecutive days.

a.

Garage or yard sales. The sale by a resident, conducted on the premises of a dwelling, of personal property belonging to the occupant of such dwelling.

b.

Seasonal sales. Temporary seasonal sales of produce, ornamental plants, firewood, Christmas trees, and other temporary sales that are unlike the usual activities on the lot where the sales occur.

c.

Special event. Circuses, fairs, carnivals, festivals, benefits, religious events, or similar types of temporary outdoor events that run longer than one day but no longer than 30 days, are likely to attract large crowds, and are unlike the usual activities on the lot where the event occurs.

(Zoning Ord. 2019, § 385, 6-24-2019)

(a)

The minimum site area shall be 32,000 square feet. The maximum density shall be 16 dwelling units per acre of site area.

(b)

All buildings shall be set back at least 15 feet from all parking areas.

(c)

Not more than 16 dwelling units shall be permitted per building.

(d)

Buildings shall be spaced front to front, front to rear, front to side, and rear to rear at least to a distance equal to twice the tallest building height. Buildings shall be spaced side to side and side to rear at least to a distance equal to the tallest building height.

(e)

At least ten percent of the site area, but not less than 2,500 square feet, shall be improved for recreational use by the apartment residents.

(Zoning Ord. 2019, § 101, 6-24-2019)

(a)

The use shall be conducted within a single-family residence.

(b)

The building shall maintain the exterior appearance of a single-family residence, with no separate outside entrances to individual bedrooms.

(c)

The group care residence must be sponsored by a public or nonprofit organization. State licensing requirements shall be met.

(Zoning Ord. 2019, § 102, 6-24-2019)

(a)

Subdivision of lots for patio or garden homes shall be restricted to tracts with a minimum site area of three acres. The maximum density shall be seven dwelling units per acre. Dwelling units are figured on total acreage, which includes roads and rights-of-way.

(b)

The patio or garden home shall meet the following dimensional requirements:

(c)

Patio or garden homes on adjacent lots to the rear or sides may own and maintain common party fences.

(d)

To permit zero lot-line development, one side yard may be reduced to zero, provided a five-foot easement of maintenance is reserved on the adjoining lot, buildings are separated by at least 20 feet, and the adjoining lot is reserved for a patio or garden home, subject to IRC.

(e)

When two patio or garden homes are located on adjacent lots, their attached garages may share a common party wall at the lot line.

(f)

All utilities shall be placed underground.

(g)

All lots shall be served by public water and sewer.

(Zoning Ord. 2019, § 103, 6-24-2019)

(a)

Subdivision of lots for townhouses shall be restricted to tracts with a minimum site area of three acres. The maximum density shall be ten dwelling units per acre of site area.

(b)

Each townhouse shall meet the following dimensional requirements:

(c)

Not more than eight dwelling units shall be permitted per building.

(d)

All utilities shall be placed underground.

(e)

All lots shall be served by public water and sewer.

(Zoning Ord. 2019, § 104, 6-24-2019)

(a)

Uses and activities. The campground shall include individual campsites for travel trailers or tents but may also include the following uses and activities:

(1)

Hotel, motel, or similar guest accommodations;

(2)

Facilities designed to serve only the park guests, such as restaurants, cafeteria, retail concession sales, laundromats, and bathing facilities;

(3)

Recreational facilities, and similar guest facilities; and

(4)

Accommodations for resident personnel employed by the campground management.

(b)

Site area. The minimum site area shall be five contiguous acres.

(c)

Density. The maximum number of campsites per acre shall be 15.

(d)

Perimeter yards. No campsite or building shall extend into any required yards along the perimeter of the park, as listed below. The perimeter yards shall be reserved for screening and buffer yards and may also be used for common streets, walkways, and passive recreation areas (without structures). The screening and buffer yard standards in, division 3 of article IV of this chapter, may require wider perimeter yards, depending on the adjacent uses of land, and may place additional restrictions on the use of the perimeter yards.

(e)

Dimensions. The minimum area for each campsite shall be 1,500 square feet, with a minimum width of 40 feet. Boundaries shall be clearly marked on the ground by permanent flush stakes.

(f)

Streets. One- or two-way private streets shall be provided to furnish access to each campsite and other park facilities. The street surface may be graveled or paved. Surface widths of streets shall be 12 feet per travel lane.

(g)

Parking. One and one-half parking spaces shall be provided in the park for each campsite. One nine-foot by 19-foot space shall be provided on each campsite.

(h)

Utilities. All utility lines shall be placed underground.

(i)

Refuse disposal. Refuse collection and disposal shall be the responsibility of campground management. Dumpsters shall be provided in centralized locations.

(Zoning Ord. 2019, § 105, 6-24-2019)

(a)

Home occupations. A home occupation may consist of any accessory business use that fully complies with all of the standards contained in this section. No home occupation shall be allowed in any multifamily dwelling.

(b)

Cottage industries. A cottage industry may consist of any accessory business use, except solid waste facilities, junk or scrap metal shops, automobile repair shops or garages, or food processing/packing operations, that fully complies with all of the standards contained in this section. Cottage industries may be permitted only within the AG district.

(c)

Standards applicable to home occupations and cottage industries. The following standards shall apply to both home occupations and cottage industries.

(1)

The home occupation or cottage industry must be owned and operated by the owner of the dwelling within which or property upon which such business use is to be located, or the business owner must have written approval of the owner of the premises, if the applicant is a tenant.

(2)

The home occupation or cottage industry shall be operated only by the members of the family residing in the principal dwelling located on the lot upon which such business use will be located.

(3)

The home occupation or cottage industry shall not involve the use of or result in the production of any hazardous materials or hazardous waste.

(4)

The home occupation or cottage industry shall not generate smoke, glare, vibrations, electrical disturbance, radioactivity, or other conditions that will be a nuisance to the surrounding area.

(5)

The home occupation or cottage industry shall not generate any business traffic (either by the business operators or business customers) between the hours of 8:00 p.m. and 6:00 a.m.

(6)

At least three, but no more than five, off-street parking spaces shall be provided for the cottage industry.

(7)

No home occupation or cottage industry shall require the use of more than one vehicle for exclusive use of the business.

(8)

Only one non-illuminated accessory sign not exceeding two square feet in area may be placed on the premises in conjunction with any home occupation or cottage industry.

(d)

Standards applicable to home occupations. The following standards shall apply to only home occupations.

(1)

All business operations, activities, and transactions associated with the home occupation shall be conducted entirely within the dwelling unit. No business operations, activities, or transactions shall be conducted in any portion of the dwelling not approved for home occupation use by the city.

(2)

The home occupation shall not occupy more than 30 percent of the total dwelling unit floor area in the agricultural zoning district or 25 percent of the total dwelling unit floor area in the residential and business zoning districts. In no instance shall a home occupation exceed 750 square feet.

(3)

The home occupation shall not cause or result in any change in the outside appearance and residential character of the dwelling unit.

(4)

The home occupation shall not generate more than two trips per day in R-1 districts; ten trips per day in AG districts; and 20 trips per day in all other districts.

(5)

The home occupation shall not produce any vibrations, noises, or odors that may be discernable by the average person outside of the dwelling unit.

(6)

All equipment, materials, and products of the home occupation, with the exception of one vehicle intended for business use, shall be safely and securely stored inside the dwelling unit at all times.

(7)

The home occupation and dwelling unit shall comply with all applicable building and fire codes. Home occupations will not be permitted in any dwelling unit in which the primary residential use does not fully comply with the applicable requirements for the zoning district within which it is located.

(e)

Standards applicable to cottage industries. The following standards shall apply to only cottage industries.

(1)

No cottage industry shall be permitted on a lot smaller than three acres in area, and no activities associated with a cottage industry, including materials storage, shall be located or conducted within 50 feet of an adjoining property line.

(2)

All business operations, activities, and transactions associated with the cottage industry shall be conducted entirely within the primary dwelling unit or in an accessory building on the same lot. No business operations, activities, or transactions shall be conducted in any portion of the dwelling or lot not approved for cottage industry use by the city.

(3)

The cottage industry shall not occupy a total area greater than 50 percent of the total dwelling unit floor area or 1,000 square feet, whichever is less.

(4)

The cottage industry shall not cause or result in any change in the outside appearance or character of any structure on the lot.

(5)

The cottage industry shall not generate more than 25 average daily trips, according to the latest available edition of the Institute of Traffic Engineers' Trip Generation Manual.

(6)

The cottage industry shall not produce any vibrations, noises, or odors that may be discernable by the average person beyond the boundaries of the lot.

(7)

All equipment, materials, and products of the cottage industry, with the exception of one vehicle intended for business use, shall be safely stored inside a secured structure on the lot.

(8)

The cottage industry and dwelling unit shall comply with all applicable building and fire codes. Cottage industries will not be permitted in any structure which does not fully comply with all applicable requirements for the zoning district within which it is located.

(f)

Expiration of permit. A permit for a home occupation or cottage industry shall expire under the following conditions:

(1)

When the applicant ceases to occupy the structure or lot for which the home occupation or cottage industry permit was issued. No subsequent occupant of such premises shall engage in any home occupation or cottage industry until a new permit has been issued for the proposed business activity. A permit to operate a home occupation or cottage industry is not transferable to a new residence or lot.

(2)

When the holder of a home occupation or cottage industry permit ceases operation of the permitted business activity for any period of 90 consecutive days.

(3)

When the owner of a permitted home occupation or cottage industry is issued a notice of violation of this chapter, the owner shall cease and desist from all business operations until such time as the enforcing officer has verified, through on-site inspection, that the violation has been remedied. Failure to cease and desist from all business operations, in accordance with this provision, shall constitute a separate violation. If the owner fails to comply with a cease-and-desist order, or the violation has not been remedied within 15 days of the date that the notice of violation was issued, the home occupation or cottage industry permit and business license shall expire, and no resumption of business activities associated with such business may occur without first obtaining a new permit and business license.

(Zoning Ord. 2019, § 106, 6-24-2019)

(a)

No individual storage space shall exceed 400 square feet in area and one story in height.

(b)

Each storage space shall be served by a paved driveway of 20 feet minimum width for each direction of travel.

(c)

The entire site shall be enclosed by security fencing of eight feet minimum height and be kept lit with security lighting throughout.

(d)

The entrance, perimeter, driveways, and walkways between buildings must have adequate security lighting and be approved by the planning board.

(e)

Security cameras shall be installed at all property entrances and exits, maintained in good working condition, and used in an ongoing manner.

(Zoning Ord. 2019, § 107, 6-24-2019; Ord. No. 558, § 1, 4-25-2022)

(a)

The minimum lot area shall be ten acres.

(b)

Livestock, dairy animals, small animals, and poultry shall be housed not less than 200 feet from any adjacent lot not zoned AG.

(c)

Temporary sawmills and chippers used in connection with commercial forestry operations shall be set back at least 200 feet from any lot line.

(d)

Temporary or permanent living accommodations for farm tenants performing agricultural labor (farm tenant housing) shall be permitted.

(e)

A booth or stall (farm stand) from which farm produce and products are sold to the general public shall be permitted subject to the following limitations:

(1)

Sales areas shall be set back from all lot lines so as to meet the district yard requirements.

(2)

Sales areas shall not occupy any part of a required off-street parking or loading area.

(f)

Offensive animal odors shall not be detectable at the property line.

(Zoning Ord. 2019, § 108, 6-24-2019)

Manufactured homes shall meet the following requirements:

(1)

The manufactured home shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act, 42 USC 5401 et seq. Any existing manufactured home not bearing such seal shall be deemed a nonconforming structure and shall be subject to the regulations established in division 3 of article VII of this chapter.

(2)

The manufactured home shall be installed according to the tie-down requirements of the standard building code or the rules of the state manufactured housing commission, whichever is more restrictive, as permitted in Code of Ala. 1975, § 24-5-34.

(3)

The unit shall be either placed on a permanent foundation or skirted with a weather-resistant material which resembles a permanent foundation commonly found on a single-family dwelling. Skirting shall be adequately vented.

(4)

The age of the dwelling may not exceed seven years.

(Zoning Ord. 2019, § 109, 6-24-2019; Ord. No. 550, 2-14-2022)

(a)

Uses and activities. The manufactured home park shall be limited to the following uses and activities:

(1)

Manufactured home, subject to section 40-290;

(2)

Management office;

(3)

Manager's residence;

(4)

Service facilities, such as laundromats, household storage buildings, outdoor storage yards, refuse disposal areas, and similar common service facilities designed and intended to serve only the residents of the park;

(5)

Recreational facilities designed and intended to serve only the residents of the park;

(6)

Retail convenience sales for residents of the park;

(7)

Residential accessory uses and structures; and

(8)

Public utility structures, provided that there is no outside storage area, and a buffer is provided for the side and rear yards.

(b)

Site area. The minimum site area for the manufactured home park shall be five contiguous acres.

(c)

Drainage. The manufactured home park shall be located on a site properly graded to ensure rapid drainage and freedom from standing water.

(d)

Density. The maximum density shall be eight manufactured home spaces per acre of site area , as calculated on the total gross area within the manufactured home park. If not served by public water and sewer, the maximum density shall be two manufactured home spaces per gross acre, or a lower density may be set by the county health department.

(e)

Perimeter yards. No manufactured home space or buildings shall extend into any required yards along the perimeter of the park, as listed below. The perimeter yards shall be reserved for screening and buffer yards and may also be used for common streets, walkways, and passive recreation areas (without structures). The screening and buffer yard standards in division 3 of article IV of this chapter may require wider perimeter yards, depending on the adjacent uses of land, and may place additional restrictions on the use of the perimeter yards.

(f)

Area of manufactured home spaces. Each manufactured home space shall meet the following area requirements, which depend on the size of the unit to be placed on the space. The boundaries of each space shall be clearly marked on the ground by permanent flush stakes.

(1)

With public sewer and water:

(2)

Without public sewer and water:

(g)

Setbacks and distancing of manufactured homes.

(1)

Each manufactured home on a space shall be set back the following distances from the boundaries of each space:

(2)

Accessory buildings, such as storage units, shall not be permitted within the required front yard of each space and shall not be permitted within 7.5 feet of the rear and side boundaries of each space. Carports shall be permitted within the front yard but shall not be permitted within 7.5 feet of the rear and side boundaries of each space.

(3)

No manufactured home shall be closer than 20 feet to any other manufactured home on an adjacent space.

(h)

Parking. On each manufactured home space, there shall be provided at least one off-street parking space for vehicles other than a manufactured home. Each parking space shall be not less than ten feet wide by 20 feet long, connected by a paved 12-foot drive to a common driveway or street.

(i)

Access. All manufactured home spaces shall abut a public street, or a paved driveway of not less than 20 feet in width having unobstructed access to a public street, alley, or highway.

(j)

Paving and lighting. All driveways and walkways within the park shall be paved and adequately lighted.

(k)

Power supply. Electrical outlets supplying at least 110 volts each shall be provided for each manufactured home space.

(l)

Sanitary facilities in manufactured homes. Each manufactured home shall contain at least one shower or tub, a flush toilet, a lavatory, hot and cold running water and source of heat for the occupants thereof.

(m)

Water supply. All buildings and manufactured home spaces within the park shall be connected to the public water supply system.

(n)

Sewage and refuse disposal. Waste from showers, bathtubs, flush toilets, urinals, lavatories, and laundry facilities in a manufactured home, and any other building within the park, shall be discharged into the public sewer system in compliance with applicable chapters or into a private disposal system approved by the county health officer, who may require soil percolation tests to be performed within the disposal area as a guide to the size, location, and arrangement of the system.

(o)

Garbage receptacles. Refuse collection and disposal shall be the responsibility of the park management. Common refuse disposal areas shall be provided and be screened to the full height of such facilities. The manufactured home licensee will be responsible to see that all garbage and rubbish is placed in these facilities.

(p)

Fire protection. Every park shall be equipped at all times with fire hydrant equipment in good working order, of such type, size, and number and so located within the park as to satisfy applicable regulations of the city. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.

(q)

Minimum park density. A manufactured home park may not accept manufactured homes unless and until such time as at least eight of its lots have been completely developed, together with facilities, as required by this chapter, the regulations of the state, and this Code.

(r)

Visible numbering. All manufactured home spaces shall have a number visible in daytime and nighttime.

(s)

Utilities. All utility lines shall be placed underground.

(t)

MHP district design and construction standards. Where the design and construction standards approved in the preliminary or final site plans of the manufactured home park development conflict with the subdivision regulations or any other requirements of this zoning chapter, the standards approved in the MHP approval process shall control.

(u)

MHP approval process. Approval of a manufactured home park requires a three-step approval process, as follows:

(1)

Rezoning and concept plan approval. A concept plan shall accompany each application for rezoning to the MHP district. Development of the manufactured home park shall be in substantial accordance with the approved concept plan. The concept plan shall be drawn to scale and dimensioned, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the state. The concept plan shall show, in schematic detail, the concept for use and development of the entire MHP tract.

(2)

Preliminary site plan approval.

a.

Following rezoning and concept plan approval, the developer shall submit to the planning commission a preliminary site plan for each phase of the development.

b.

The preliminary site plan shall be drawn to scale and dimensioned, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the state.

c.

The preliminary plan shall show information necessary for the planning commission to adequately assess the suitability of the proposed development, including at a minimum the following items:

1.

The location of proposed uses;

2.

Proposed building areas and heights;

3.

Proposed residential development density and housing types;

4.

Lots with proposed sizes, widths, and yards;

5.

Proposed screening and buffer yards;

6.

Proposed off-street parking and loading areas;

7.

Layout of streets, pedestrian facilities, and drives;

8.

Location of all entrances to the tract; and

9.

Layout and configuration of common open space.

d.

A narrative text and supplemental drawings shall accompany the preliminary site plan, describing the general design and construction policies for the manufactured home park; the proposed design and construction standards for streets; the treatment of environmentally-sensitive land located in the project tract (areas of flooding, severe slope, woodlands, streams, lakes, and ponds); the proposed time frame for phased development; and such other conditions for use and development proposed by the applicant.

e.

All preliminary site plans shall be in substantial accordance with the approved concept plan. Any deviation in the preliminary site plan from the approved concept plan shall require resubmitting of the MHP district rezoning and concept plan approval application.

(3)

Final site plan approval. Before each phase of the development is constructed, a final site plan shall be required, in accordance with section 40-612. Final site plan approval shall be coordinated with the approval of subdivision plats and construction plans, as required by the city subdivision regulations. All final site plans shall be in substantial accordance with the approved preliminary site plan. Any deviation in the final site plan from the approved preliminary site plan shall require resubmitting of the preliminary site plan application.

(v)

Issuance of permits within a MHP district subdivision. Permits may be issued in any phase of a MHP development with public improvements under construction, following completion of final site plan and subdivision plat approval, provided:

(1)

No building permits for a subdivision with public improvements under construction shall be issued unless the extent of street improvements is adequate for vehicular access by the prospective builder and by police and fire equipment. Further, no building permit shall be issued for the greater of two or the final ten percent of lots within the subdivision until all public improvements and dedications have been completed by the developer and accepted by the city.

(2)

No certificate of occupancy for any building in the subdivision shall be issued prior to the completion and dedication of required public improvements and posting of a maintenance bond for public improvements.

(Zoning Ord. 2019, § 110, 6-24-2019)

Table of Permitted Uses

(Zoning Ord. 2019, app. A, 6-24-2019; Ord. No. 575, § 5, 6, 4-10-2023; Ord. No. 595, § 5, 6, 8-26-2024; Ord. No. 599, § 5, 6, 12-9-2024)

This division assigns supplemental dimensional standards over and above those imposed by the district dimensional regulations. Unique characteristics and conditions of development require these supplemental standards.

(Zoning Ord. 2019, § 140, 6-24-2019)

Any lot not served by public water and sewer shall have a minimum lot area of 15,000 square feet and a minimum lot width of 100 feet and meet the requirements of the Onsite Sewage Treatment and Disposal publication adopted by the state board of health, dated on March 6, 2017. The county health department may set a larger minimum lot area requirement to accommodate private wells or septic systems. Where the district dimensional regulations or the supplemental use regulations require a lot area greater than 15,000 square feet, the more restrictive regulations shall apply.

(Zoning Ord. 2019, § 141, 6-24-2019)

(a)

Projections into required yards.

(1)

Architectural features, chimneys, eaves, and the like may project up to two feet into any required yard, but no closer than three feet to any lot line.

(2)

Terraces, steps, uncovered porches, and similar features less than three feet above the floor level of the ground story may project into any required yard, but no closer than three feet to any lot line.

(3)

Covered entry porches, balconies, fire escapes and similar features may project up to four feet into any required yard.

(b)

Fences, walls, and hedges. Fences, walls, and hedges that are substantially opaque may not exceed 30 inches in height within a required front yard, subject to the traffic visibility provisions of section 40-323.

(c)

Satellite dish antennas. Satellite dish antennas and other ground mounted antennas shall not be permitted in the front yard. Setbacks from all property lines shall be a distance equal to the height of the antenna. The setback of a satellite dish antenna shall be the minimum distance measured from the closest edge of the dish to the property line. Satellite dishes are subject to the district maximum building height limitations.

(d)

Elimination of nonresidential yards. For any nonresidential buildings, the side or rear yard may be eliminated to accommodate attached buildings sharing a common party wall at the lot line, subject to meeting all building codes.

(e)

Side yard along street lines. In the case of a corner lot, the side yard which extends along one of the street lines shall in no event be less than 15 feet, regardless of the district minimum or the yards set by supplemental use regulations in division 2 of this article.

(Zoning Ord. 2019, § 142, 6-24-2019)

(a)

The maximum building height limitations do not apply to spires, belfries, cupolas, antennas (except satellite dishes), water tanks, ventilators, chimneys, or other appurtenances customarily placed above the roof and not intended for human occupancy.

(b)

Any principal building may be erected to a height in excess of the maximum building height for the district, provided each required yard is increased one foot for each one foot of excess height.

(Zoning Ord. 2019, § 143, 6-24-2019)

All subdivided lots shall front on a public street, except within the following residential developments:

(1)

Lots of less than 7,000 square feet within a townhouse or patio or garden home subdivision. All such lots may be served by private streets, constructed in accordance with the city engineer's standards, and owned and maintained in common by a homeowners' association or equivalent legal entity.

(2)

Family subdivisions involving the conveyance of a one acre or larger lot from a five acre or larger parcel for the purpose of constructing a single-family residence as the primary habitat of an immediate family member. For the purpose of this provision, immediate family member shall include any naturally or legally defined offspring. Such subdivision shall provide a 50-foot access easement from a public street to the lot.

(Zoning Ord. 2019, § 144, 6-24-2019)

(a)

On any corner lot, nothing shall be erected, placed, planted, or allowed to grow which would impede traffic visibility at intersections. No obstruction shall be placed within a clear sight triangle between a height of two feet and seven feet above the centerline grades of the intersecting streets. This clear sight area on the two lot lines forms a triangle. The triangle is bounded by the two lot lines along the street, each measured 25 feet from their intersection; a straight line connects the legs of the triangle. This shall be a 25-foot clear sight triangle.

(b)

When one or both of the intersecting streets is an arterial street, the clear sight triangle shall be 50 feet.

(c)

Where a private driveway intersects a public street, a clear sight triangle of ten feet shall be maintained. The legs of the triangle shall be measured from the intersection of the street line and the edge of the driveway.

(Zoning Ord. 2019, § 145, 6-24-2019)

(a)

Nonresidential accessory buildings. Nonresidential accessory buildings up to 12 feet in height shall be permitted within 7.5 feet of any side or rear property line but not occupy any portion of a front yard.

(b)

Residential accessory buildings. Residential accessory buildings and attached and detached carports, garages, and boat houses on residential lots shall meet the following dimensional requirements:

(1)

In all zoning districts except agricultural districts, the maximum floor area shall be 40 percent of the habitable floor area of the principal building.

(2)

The maximum floor area shall be 25 percent of the habitable floor area of the principal building.

(3)

The maximum height shall be in no case greater than the principal building height.

(4)

Such structures and additions shall be subject to the district front yard requirement.

(5)

Such structures shall be no closer than 7.5 feet to any property line.

(Zoning Ord. 2019, § 146, 6-24-2019; Ord. No. 558, § 2, 4-25-2022)

(a)

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

Enclosure means an enclosed or fenced in area, including, but not limited to, barns, stables, structures, sheds, or corrals of any type.

Exotics means animals or plants introduced from another country, not native to the southeastern United States, which are domesticated and raised for commercial purposes.

(b)

Limitations on location.

(1)

Without public sewer. It is unlawful for any person, firm, corporation, or association to keep any horses, cows, sheep, chickens, or exotics in an enclosure of any type or on any portion of real property which is within 300 feet of a residence, school, church, hospital, public building, public park, public playground or public thoroughfare.

(2)

With public sewer. A barn, stable, building, structure, or shed provided with concrete floors and drains connected to the public sewer, or other sewerage disposal facilities satisfactory to the county Health Officer, may be located within 100 feet of a residence or public thoroughfare; provided further that such concrete floors are cleaned daily with water, under pressure, with the waste from such cleaning being discharged to the public sewer or other approved sewerage facility.

(c)

Enforcement. It shall be the duty of the designated administrative official to administer and enforce the regulations prescribed herein.

(Zoning Ord. 2019, § 147, 6-24-2019)