30.1 Tense. Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural number include the singular. The words "Map," "Zoning Map," or "Russellville Zoning Map," shall mean the "Official Zoning Map, Russellville, Alabama."

31.1 ACCESSORY STRUCTURE. Any detached minor building in the rear of the main building consisting of masonry or frame walls, and roof, one (1) or two (2) stories in height, necessary as an adjunct to the use or occupancy of a principal or main structure.

31.2 ALTERATION, ALTERED. The word "alteration" shall include any of the following:

a.

Any addition to the height, depth or width of a building or structure.

b.

Any change in the location of any of the exterior walls of a building or structure.

c.

Any increase in the interior accommodations of a building or structure.

In addition to the foregoing, a building or structure shall be classified as altered when it is repaired, renovated, remodeled or rebuilt at a cost in excess of fifty percent (50%) of its value prior to the commencement of such repairs, renovation, or rebuilding.

31.3 AUTOMATIC CAR WASH. Any coin operated apparatus for washing automobiles shall constitute an automatic car wash. Stacking lanes for vehicles entering or leaving the premises of such an establishment shall be provided by the owner. The Board of Adjustment will determine the length of such lanes for each such establishment on an individual basis.

31.4 BOARDING HOUSE. A building other than a hotel, cafe or restaurant where, for compensation, meals are provided for three (3) or more persons, but not exceeding twenty (20) persons.

31.5 BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels.

31.6 BUILDING AREA. The portion of the lot occupied by the main building, including porches, carports, accessory buildings, and other structures.

31.7 CONVENTIONAL CONSTRUCTION. A dwelling unit constructed on the building site from basic materials delivered to the site; and which is constructed in accordance with the Standard Building Code of the Southern Building Code Congress International (SBCCI), and meeting the following development standards:

a.

The home has a minimum width in excess of sixteen (16) feet.

b.

The pitch of the dwelling unit's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, except that any such dwelling unit for which a building permit was applied prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the aforesaid building permit.

c.

For purposes of this definition, a unit of conventional construction constructed outside the boundaries of the City of Russellville may not be brought into the City of Russellville and used as a dwelling if such home was constructed more than five (5) years from date application is requested.

d.

For purposes of this definition, no Manufactured Home (as defined in section 31.33—31.36 may be attached to any conventionally constructed dwelling unit by means of breezeway, corridor, or hallway.

31.8 DWELLING. A building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boarding houses, or rooming houses.

31.9 DWELLING APARTMENT. Three (3) or more dwelling units, under a single ownership, located on one (1) lot of land, occupied by renters.

31.10 DWELLING, CLUSTER: One of a series of attached and/or detached dwelling units developed under a single ownership.

31.11 DWELLING, CONDOMINIUM. An individually owned dwelling unit in an attached, detached, or multi-family structure, combined with joint ownership of common areas of the buildings and grounds.

31.12 DWELLING, GARDEN APARTMENT. A multi-family dwelling one (1) or two (2) stories in height containing from one (1) to four (4) dwelling units, and where the area immediately surrounding the dwelling is landscaped and may contain recreational facilities for the private use of dwelling occupants.

31.13 DWELLING, MULTI-FAMILY. A building designed, constructed, altered or used for three (3) or more adjoining dwelling units, with each dwelling unit having a party wall or walls and/or a party floor and ceiling connecting it with at least one other dwelling unit located on one lot of land. A multi-family dwelling may be apartments or condominiums.

31.14 DWELLING, PATIO. A single-family dwelling in which all or a portion of the area required for side and rear yards may be consolidated into one (1) or more garden court spaces within the walls of the dwelling unit.

31.15 DWELLING, SINGLE-FAMILY ATTACHED. A building containing two (2) or more single-family dwelling units joined at one or more points by one or more party walls or other common facilities (not including the walls of an enclosed courtyard or similar area) and with property lines separating each dwelling unit.

31.16 DWELLING, SINGLE-FAMILY DETACHED. A freestanding structure completely separate from all other structures, designed to house one (1) family as a single housekeeping unit.

31.17 DWELLING, TOWNHOUSE. One of a series of three (3) or more attached dwelling units on separate lots that are separated from each other by firewalls extending at least from the lowest floor level to the roof.

31.18 DWELLING, TWO-FAMILY. A detached dwelling designed, constructed, altered, or used for two (2) adjoining dwelling units, with each dwelling unit having a party wall connecting it with the other dwelling unit, located on one lot; also known as a "duplex."

31.19 DWELLING UNIT. One (1) or more rooms within a dwelling forming a separate, independent housekeeping establishment for use of one (1) family involving owner or renter occupancy, with provisions for cooking, eating, and sleeping, and which is physically set apart from other rooms or dwelling units in the same building.

31.20 DRIVE-IN THEATER. A theater so arranged and conducted that the customer or patron may view the performance while being seated in a motor vehicle.

31.21 EASEMENT. A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.

31.22 FACTORY-BUILT HOUSING. An obsolete term used to describe a modular home. See definition of modular home.

31.23 FAMILY. An individual or two (2) or more persons residing in a single dwelling unit where all members are related by blood, marriage, adoption or guardianship up to the second degree of consanguinity; or a group of no more than five (5) persons living as a single housekeeping unit. For the purpose of this definition, "consanguinity" means husbands and wives, brothers and sisters, parents and children, grandparents and grandchildren, uncles and aunts, nephews and nieces, and first cousins.

31.24 FRONTAGE, LOT. The distance for which the front boundary line of the lot and the street line are coincident.

31.25 HOME OCCUPATION. An occupation in a dwelling unit, provided that:

a.

No person other than members of the family residing on the premises shall be engaged in such occupation.

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupation, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall of the principal building.

d.

No home occupation shall be conducted in any accessory building.

e.

There shall be no public displays of goods in connection with such home occupation.

f.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

g.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence.

In the case of electrical interference, no equipment or process shall be used which creates visual or available interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

31.26 HOTEL. Any building or portion thereof which contains at least ten (10) guest rooms intended for occupancy by individuals for compensation whether paid directly or indirectly.

31.27 HUD. United States Department of Housing and Urban Development.

31.28 INSTITUTION. A non-profit corporation or a nonprofit establishment.

31.29 JUNK YARD. Junk yards shall include any lot or parcel of land on which is kept, stored, bought, or sold articles commonly known as junk, including scrap paper and metal, automobiles and parts thereof which are valuable only as junk. One (1) year from the date of adoption of this Ordinance, all junk yards, auto salvage or scrap yards shall be surrounded by either a solid fence at least six (6) feet high or a buffer strip of solid screen planting within the building lines so that the yard cannot be seen from any public street, and the yard may not be located within one thousand (1,000) feet of any residential structure.

31.30 LOT. A piece, parcel, or plot of land occupied or intended to be occupied by one main building, accessory buildings, uses customarily incidental to such main building and such open spaces as are provided in this Ordinance, or as are intended to be used with such piece, parcel, or plot of land.

31.31 LOT OF RECORD. A lot or parcel of land where existence, location, and dimensions have been recorded in the office of the Judge of Probate of Franklin County prior to the adoption of this Ordinance.

31.32 MANUFACTURED HOME. A transportable single-family dwelling intended for permanent occupancy contained in one (1) unit, or in two (2) or more units designed to be joined into one integral unit capable of again being separated for towing, which arrives at a site complete and ready for occupancy, except for minor or incidental assembly, and constructed so that it may be used with or without a permanent foundation. The unit(s) must be constructed to meet standards promulgated by the United States Department of Housing and Urban Development (HUD Standards) (see 24 C.F.R. §§ 3280.1—3280.904) pursuant to the provisions of the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 U.S.C. §§ 5401—5426.

31.33 MANUFACTURED HOME, CLASS A. A Manufactured Home that also meets the following criteria:

a.

Minimum width in excess of sixteen (16) feet.

b.

The pitch of the home's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in conventional residential construction, except that any such home for which a building permit was applied prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the aforesaid building permit.

c.

The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional residential construction.

d.

A curtain wall, unpierced except for required ventilation and access and constructed of masonry, is installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches.

e.

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

f.

Was constructed no more than five (5) years before the date an application to install the Manufactured Home in the City of Russellville is requested.

g.

Is not attached to any Manufactured Home (as defined in section 31.33-31.36) by means of breeze way, corridor or hallway.

31.34 MANUFACTURED HOME, CLASS B. A Manufactured Home that also meets the following criteria:

a.

Was constructed no more than five (5) years before the date an application to install the Manufactured Home in the City of Russellville is requested.

b.

Is not attached to any Manufactured Home by means of a breezeway, corridor or hallway.

31.35 MANUFACTURED HOME, CLASS C (originally referred to as mobile homes or trailer homes). Is a Manufactured Home that does not meet the definitional criteria of Class A or Class B Manufactured Homes and is not constructed to HUD standards.

31.36 MANUFACTURED HOME SPACE. An area of land within a Planned Manufactured Home community designed to accommodate one (1) Manufactured Home.

31.37 MANUFACTURED HOUSING. A general term used to describe a type of housing that is produced, either completely or partially in a factory, including Manufactured Homes, Modular Homes.

31.38 MOBILE HOME. An obsolete term used to describe a Manufactured Home.

31.39 MOBILE HOME PARK. An obsolete term used to describe a Planned Manufactured Home Community. See definition of Planned Manufactured Home Community.

31.40 MODULAR HOME. A factory single-family dwelling that is constructed in one (1) or more sections for assembly and installation on a building site. A modular home is manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to or destruction thereof and which, when completed, meets or exceeds the requirements of any and all development standards for conventionally constructed site-built housing. Any modular home must be designed to be permanently connected to a site-built foundation.

In addition, any Modular Home, as defined herein, shall meet the following standards:

a.

The home has a minimum width in excess of twenty (20) feet.

b.

The pitch of the home's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, and the roof is finished with a type of material that is commonly used in conventional residential construction, except that any such home for which a building permit was applied prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the issued building permit.

c.

The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential construction.

d.

The home, if constructed outside of the boundaries of the City of Russellville, may not be brought into the City of Russellville and used as a dwelling if such home was constructed more than five (5) years from the date on which the application is requested.

e.

For purposes of this definition, no Manufactured Home (as defined in section 31.33—31.36 may be attached to any modular home by means of breezeway, corridor or hallway.

31.41 MOTEL. A building or group of buildings containing one (1) or more guest rooms having separate outside entrances for each such room or suite of rooms, and for each of which rooms or suites of rooms automobile parking space is provided.

31.42 MULTI-SECTION HOME. An obsolete term used to describe a Manufactured Home finished in two (2) or more sections.

31.43 NATIONAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS. The national building code for all Manufactured Homes built since June 15, 1976, written and administered by the United States Department of Housing and Urban Development; also known as the "HUD Code."

31.44 NON-CONFORMING USE. The use of any building or land which was lawful at the time of passage of this Ordinance, or amendment thereto, but which use does not conform, after the passage of this Ordinance or amendment thereto, with the use regulations of the district in which it is situated.

31.45 OFFICES. Spaces or rooms used for professional, administrative, clerical, and similar uses.

31.46 OPEN SPACE. A yard area which is not used for or occupied by a driveway, off-street parking, loading space, or storage.

31.47 PLANNED APARTMENT HOME COMMUNITY. A lot used or intended for use as a residential area occupied by apartment homes and conforming to an approved development plan with appropriate and adequate community services, recreational facilities, utilities, streets, and sidewalks provided by the developer.

31.48 PLANNED MANUFACTURED HOME COMMUNITY. A lot used or intended for use as a residential area occupied by Manufactured Homes; and conforming to an approved development plan with appropriate and adequate community services, recreational facilities, utilities, streets, and sidewalks provided by the developer; where the resident owns or rents the Manufactured Home and rents the Manufactured Home Space. All Manufactured Homes located within a Planned Manufactured Home Community must be installed in accordance with Ala. Code § 24-4A-2(19), and all Planned Manufactured Home Communities shall be designed in accordance with the applicable provisions of Article 9 of this Ordinance.

31.49 PRE-FABRICATED HOME. A general term used to describe any home constructed in a factory setting including Manufactured Homes and Modular Homes.

31.50 PUBLIC LAND USES. Any land use operated by or through a unit or level of government, either through lease or ownership, such as municipal administration and operation, county buildings, and activities, state highway offices, and similar land uses; and federal uses such as post offices, bureau of public roads and internal revenue office, military installation, etc.

31.51 RESIDENTIAL OCCUPANCY. Stay at a dwelling, for any length of time, when such dwelling is the occupant's primary address or domicile.

31.52 RESTAURANT, DRIVE-IN. An eating and/or drinking establishment which caters to motor-driven vehicle business where the person being served sits in his car. Such establishments shall provide stacking lanes for traffic wanting ingress or egress.

31.53 ROOMING HOUSE. Any building or portion thereof which contains not less than three (3) nor more than nine (9) guest rooms which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation, whether paid directly or indirectly.

31.54 SBCCI. Southern Building Code Congress International

31.55 SECTIONAL HOME. A general term used to describe any home constructed in a factory setting, especially Manufactured Homes.

31.56 SEMI-PUBLIC LAND USES. Philanthropic and charitable land uses including: YMCA's, YWCA's, Salvation Army, churches and church related institutions, orphanages, humane societies, private welfare organizations, non-profit lodges and fraternal orders, hospitals, Red Cross, and other general charitable institutions.

31.57 SETBACK LINE. A line parallel to the property line in front of which no structure may be erected.

31.58 SINGLE-WIDE. An obsolete term used to describe a mobile home or Manufactured Home having a width of between eight (8) and sixteen (16) feet.

31.59 SITE-BUILT HOME. See definition of Conventional Construction.

31.60 SPECIAL EXCEPTION. A Special Exception is a use that would not be appropriate generally or without restriction through a zoning division or district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or district as a Special Exception if specific provisions for such a Special Exception are made in this Ordinance. (For procedure to receive a Special Exception, See Section 97.0).

31.61 STICK-BUILT HOME. See definition of Conventional Construction.

31.62 STREETS. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

31.63 STRUCTURE. Any combination of materials, including buildings, constructed or erected, the use of which requires location on the ground, including among other things, gasoline pumps, signs, billboards, but not including utility poles and overhead wires.

31.64 TRAILER. An obsolete term used to describe a Manufactured Home.

31.65 TRAILER COURT. An obsolete term used to describe a planned Manufactured Home community. (See definition of Planned Manufactured Home Community.)

31.66 TRAILER PARK. An obsolete term used to describe a Planned Manufactured Home Community. (See definition of Planned Manufactured Home Community.)

31.67 TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet.

31.68 TRAVEL TRAILER PARK. A lot on which two (2) or more travel trailers are parked for a period of not less than thirty (30) days.

31.69 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.

31.70 VARIANCE. A Variance is a relation of the terms of this Ordinance where such Variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the land. As used in this Ordinance, a Variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by Variance, nor shall a Variance be granted because of the presence of non-conformities in the zoning classification or district or adjoining zoning classifications or districts. (For procedure to secure a Variance, see Section 98.0).

31.71 WALL CURTAIN. A non-bearing wall between, or piers and which is not supported by girders or beams, but is supported on the ground.

31.72 YARD. An open space, on the lot with the main building, left open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this Ordinance.

31.72.1 FRONT YARD. The yard extending across the entire width of the lot between the main building, including covered porches, and the front lot line, or if an official future street right-of-way line has been established, between the main building, including covered porches and the right-of-way line.

31.73.2 REAR YARD. The yard extending across the entire width of the lot between the main building, including covered porches and the rear lot line.

31.73.3 SIDE YARD. The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line.

(Ord. No. 2004-114, §§ 1, 2, 11-15-04; Ord. No. 2009-101, §§ 1, 2, 3-2-2009)