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Selma City Zoning Code

ARTICLE II

- DISTRICT REGULATIONS3


Footnotes:
--- (3) ---

Editor's note— The article caption change from "Residence 'A' District Regulations" was necessitated by the form of Ord. No. 118; this ordinance resulted in the consolidation of articles 2 through 10 as they appeared in the 1954 code book. Section numbers and captions have been added by the editor.


Sec. 41. - Regulations applicable to all districts.

This section contains regulations applying to all districts as follows:

(a)

Uses permitted:

(1)

Public utilities (but not including power and gas substations and pumping stations).

(2)

Public buildings of a governmental nature, including public schools and libraries.

(3)

Recreational facilities, including parks, playgrounds, stadiums, etc.

(4)

Accessory structures.

(5)

Home occupations.

(b)

Uses permitted on appeal:

(1)

Public utilities, not otherwise specified, including power and gas substations and pumping stations.

(2)

Public buildings of a proprietary nature.

(3)

General hospitals for humans (including nursing homes) and funeral homes.

(4)

Semipublic buildings and uses, including private schools and churches.

(c)

Minimum yard sizes: Shall be as allowed in the district in which the building or property is located.

(d)

Maximum height: Shall be allowed in the district in which the building or property is located.

(e)

Off-street automobile storage: See sections 20 through 23.

(f)

Off-street loading and unloading: See section 24.

(Code 1954, App'x. I, §§ 21—24; Ord. No. 118, 4-14-69)

Sec. 42. - Residential district regulations.

This section contains the residential district regulations as follows:

(a)

Classes:

(1)

"A" single family dwellings.

(2)

"B" residential structures containing two (2) family units.

(3)

"C" residential structures containing two (2), three (3), or four (4) family units.

(4)

"D" apartments for any number of families.

(5)

"E" lodges and clubs, not operated for a profit, offices, hotels.

(6)

"F" Agricultural uses and gardens customary to residential occupancy and buildings incidental thereto, but not including poultry and livestock raising or kennels for commercial purposes.

(7)

"G" any commercial or industrial use not specifically permitted.

(8)

"H" coffee shops, public dining rooms, barbershops, or similar service facilities may be located in hotels and office buildings for the convenience of the guests, provided entrance to such facilities is in the interior of the building only.

(b)

Uses permitted:

ITEM DISTRICTS
R-100 R-75 R-60 R-50 R-50A R-50B
Classes of structures or uses permitted A A A, C,
D
A, C,
D
A, C, D A, C, D,
E, H
Classes of structures or uses permitted on appeal F F, B F F F F
Classes of structures or uses prohibited B, C,
D, E,
G, H
C, D,
E, G,
H
E
G, H
E
G, H
E, G, H G

 

(c)

Required lot area, width and other specifications:

ITEM DISTRICTS
R-100 R-75 R-60 R-50 R-50A R-50B
Minimum lot area, one family square feet 14,000 12,000 8,400 7,200 6,000 6,000
Each additional family 2,000
Minimum lot width at building line, feet 100 75 60 50 50 50
Minimum corner lot at building line, feet 135 110 90 95 85 70
Minimum depth of front yard, feet 40 35 30 20 20 20
Minimum depth of rear yard, feet 45 40 30 25 25 20
Minimum width of each side yard, feet 15 10 10 6 6 6
Side yard abutting a street 40 35 30 20 20 20
Maximum building area, per cent of gross lot area 25% 25% 45% 45% 45% 50%
Maximum building height, feet 35 30 30 30 30 45
Stories 2 2 2 2 3

 

(d)

Off-street parking requirements: See sections 20 through 23.

(e)

Area of dwelling or house: Square feet per family: 1,200 in R-100, 750 in R-75 (as required by Southern Standard Housing Code, section 305, 1969 Edition.

(Code 1954, App'x. I, §§ 31—34; Ord. No. 32, §§ 5, 6, 7, 5-9-66; Ord. No. 118, 4-14-69)

Sec. 42.01. - Planned residential district regulations.

(a)

Generally. The regulations set forth in this article or set forth elsewhere in this ordinance, when referred to in this article, are the regulations of the R-50P planned residential district.

(b)

Purpose. The R-50P (planned residential district) allows the flexible and orderly arrangement of planned residential areas designed as a single unit in a manner consistent with the provisions of this article. The owner or owners of a tract of land may submit a petition for the establishment of such a district provided (a) the tract of land consists of fifteen (15) or more acres in area, or (b) the tract of land is at least three (3) times the required square footage of a lot in the zone presently in the area.

The petitioner shall submit a plan for the development of the tract to the planning commission for review and approval in accordance with the provisions of this article before any action is taken on the petition for zoning. After a petition has been approved for zoning, any change in use plan shall have to be submitted to planning commission.

(c)

Use regulations. The use of each building and/or premises shall be in accordance with the development plan referred to in subsection (b) and shall be limited to the following:

(1)

Single-family dwelling

(2)

Two-family dwelling

(3)

Multiple-family dwelling

(4)

Row houses

(d)

Area and dimensional regulations. The area and dimensional regulations set forth in this section shall be observed.

(1)

Maximum height of structure shall be three (3) stories or forty-five (45) feet.

(2)

Structure setback. No building shall be closer to any abutting street than twenty (20) feet measured from the right-of-way boundary or lot line.

(3)

Side setback. Each side yard shall be a minimum of six (6) feet for a one-story building, twelve (12) feet for a two-story building and twenty (20) feet when either of the buildings is three-story.

(4)

Area per family. The required average land area per family shall not be less than thirty-seven hundred fifty (3750) square feet; except that in row house projects, the average land area per family shall not be less than twenty-five hundred (2500) square feet.

(5)

In row house development, no side setback is required for interior walls. Exterior wall setback [shall be] as shown in subsection (3) above.

(e)

Off-street parking requirements. See Sections 20 through 23, Appendix A, Zoning.

(f)

Development plan—Contents; review by planning commission. The submitted development plan shall be referred to the planning commission for review and approval. If such a district is established on the basis of the approved development plan, building permits will be issued only for structures which are in strict compliance with development plan. Said plan shall include the following:

(1)

A site plan showing:

a.

The direction of north, appropriate scale and topography in not greater than two-foot contour intervals.

b.

The proposed location and height of all structures.

c.

The use of all structures and premises.

d.

The areas and proportional amount of parking to be developed.

e.

The location of streets, driveways and walks. Location with size and type of any easements.

f.

All service and loading spaces.

g.

Locations and areas of illumination of all exterior lighting.

h.

The location, size, number and character of all exterior signs.

i.

The location, character and extent of landscaping, retaining and screen walls and other treatment for the protection of adjoining property.

j.

The facilities for surface drainage of the premises.

(2)

A copy of any deed restrictions or covenants to be recorded.

(3)

A drawing or sketch of the exterior appearance of all buildings that can be seen or observed from adjoining property or public streets. The development must be compatible with the adjoining and surrounding neighborhood. This determination will be made by the planning commission, coordinating with the historic review committee when required.

(g)

Same—Procedure for adoption. The petitioner must submit his application for the establishment of a R-50P planned residential district to the planning commission in accordance with regular procedures.

The development plan shall be submitted prior to or at the time of application for rezoning, together with any required supplementary material.

Reasonable additional requirements may be recommended by the planning commission for the protection of adjoining property.

The planning commission may recommend to the board of adjustment setback lines or square footage per family unit or other requirements of these regulations when in their opinion it is in the best interest of the city. Such recommendations for waivers shall be specifically noted in the minutes of the planning board meeting.

(Ord. No. 299, §§ 1—7, 5-17-79)

Editor's note— Ord. No. 299, §§ 1—7, adopted May 17, 1979, did not specifically amend the zoning ordinance and thus has been included herein as § 42.01 at the editor's discretion. Ord. No. 299 further stated that "nothing contained in this ordinance shall in any way amend or modify the present requirements for requests for zoning changes."

Sec. 42.1. - Mobile home district regulations.

(a)

Park or subdivision size.

(1)

The minimum site shall be ten (10) acres.

(2)

The maximum density shall be five (5) mobile homes per acre, with only one mobile home per lot.

(3)

The minimum site width at a major traffic artery shall be one hundred (100) feet.

(b)

Requirements for a park or subdivision.

(1)

Water, sewage, garbage and trash disposal shall meet all standards set forth by the City of Selma.

(2)

All electric installations shall comply with the City of Selma standards.

(3)

All lots shall have access to roads or streets for motor traffic which shall have a minimum right-of-way of fifty (50) feet with twenty (20) feet paved surface with curb and gutter provided. Variance from this street and paving widths may be allowed in writing by the planning commission where subdivision planning provides short accessways to lots, or short cul-de-sacs, or for other driveways so designed as to bear only very minor traffic.

(4)

All streets and public driveways within the subdivision shall be lighted at night with electric lamps according to plans recommended by the maintenance department of said City of Selma and approved by the mayor.

(5)

There shall be set aside a recreational area or areas within the subdivision which shall be suitably restricted to such use. The size of the recreational area shall be compatible with the size of the subdivision and shall be subject to the approval of the City of Selma planning commission.

(6)

A buffer strip may be required by the city planning commission if the location of the subdivision is such that a buffer strip would be desirable.

(c)

Space requirements (individual).

(1)

Each mobile home lot shall have a minimum area of six thousand five hundred (6,500) square feet, and have width measured at right angle to the side line of not less than sixty (60) feet for irregular shaped lots, provided that no lot shall have less frontage on its access street than required for a driveway allowing maneuverability of the home onto the lot. All corners of each lot shall be marked with iron pipe, or other permanent type marker.

(2)

Mobile homes shall be located on lots with a minimum set-back from access street of twenty (20) feet and five (5) feet from any other lot line, provided that no mobile home shall be closer to any other mobile home than fifteen (15) feet.

(3)

Each mobile home space shall be improved with one patio of concrete, or other suitable impervious material, having a minimum area of one hundred fifty (150) square feet, and one gravel or better home pad of size to or greater than the dimensions of the trailer located on the pad, but in no case less than ten (10) feet by forty (40) feet.

(4)

Permanent structures located within any mobile home lot shall be used for storage purposes only, and shall have a maximum area of eighty (80) square feet and shall be located not less than six (6) feet from any mobile home, nor closer to any lot lines than provided under 6.2 [(c)(2)] of this section [subsection (c)].

(5)

No permanent additions of any kind shall be built onto, or become a part of any mobile home; provided, however, that this provision shall not be construed to prohibit the addition of the mobile home of a patio cover or carport cover if same is not permanently attached to the ground. Such patio covers or carport covers shall be similar in appearance and design to the mobile home.

(d)

Construction.

(1)

No mobile home subdivision shall be permitted in the City of Selma, or in the county within the police jurisdiction of the City of Selma, except upon recommendation of the city planning commission.

(e)

Application for zoning.

(1)

Application to the city planning commission for the use of land as a mobile homes subdivision under this ordinance [Section 42.1] shall be accompanied by a development plan showing compliance with the requirements of this ordinance [Section 42.1].

(2)

The initial application shall be in writing signed by the applicant, and shall include the following:

(a)

Location and legal description of area, indicating use of surrounding areas.

(b)

Detailed map of area with dimensions, contours on 2' intervals and area drainage.

(c)

Plans and arrangements of access streets and connection with traffic artery lot layout, recreation areas and facilities, buffer zone and proposed green belt planting as screening in conformance with provisions of Sections 4, 5, and 6 [subsections (a), (b) and (c)] of this ordinance [Section 42.1].

(d)

Plans for the proposed sewage, drainage, street paving and such other information as may be required by the City of Selma.

(e)

Plans and specifications of all buildings, improvements and facilities to be constructed with the mobile home subdivision.

(f)

The application and all accompanying plans and information shall be filed in triplicate.

(f)

Fire protection.

The mobile home area and the mobile home situated thereon and structures or improvements constructed thereon shall be subject to the ordinances and rules of the City of Selma pertaining to fire regulations and control, electric, plumbing, sanitary, health and any or all other statutes pertaining to the public welfare and health of the citizens of the City of Selma, Alabama.

(g)

Conflict with other regulations.

(1)

Whenever the regulations of the ordinance [Section 42.1] require or impose more restrictive standards than are required in or under any other statute or ordinance, the requirements of the ordinance shall govern. Whenever the provisions of any other statute or ordinance require more restrictive standards than are required by this ordinance [Section 42.1], the provisions of such statute or ordinance shall govern.

(Ord. No. 169, §§ 4—10, 3-27-72)

Editor's note— Ord. No. 169, §§ 4—10, amended the zoning ordinance by adding provisions codified herein as § 42.1(a)—(g) at the discretion of the editors. Sec. 1 of said Ord. No. 169 provided: "Section 1. This is an amendment to the zoning ordinance of the City of Selma creating a new district classification, known as M. H., and setting forth specific regulations covering construction and maintenance of M. H. (mobile homes) subdivisions within property that may be zoned in the future under an M. H. zone for this purpose. No other use shall be made of area so zoned."

Sec. 43. - Business district, B-1 and B-2, regulations.

This section contains business district regulations as follows:

(a)

Classes:

(1)

"A" stores selling food, general merchandise, pet shop, variety (5 and 10), hardware, radio and television, delicatessen, restaurants, apparel, furniture, houseware and household wares, drugs and sundries, jewelry, gifts and items, flowers, sporting goods, and similar types; dry cleaning and laundry pickup stations, barber and beauty shops, shoe repair, offices, banks, post offices and similar services; dwellings for any number of families (and as regulated for an "R-50A" district).

(2)

"B" motels, restaurants, novelty shops, ice cream nondrive-in retail places.

(3)

"C" any retail or wholesale business or service not specifically prohibited herein; places of amusement and assembly hotels, outdoor advertising structures.

(4)

"D" large dry cleaners and laundries, wholesale business, manufacturing incidental to a retail business where articles are sold at retail on the premises, not specifically prohibited herein, animal clinic, hospitals or kennels.

(5)

"E" animal clinic, hospitals, or kennels, coal yards, rag storage and baling.

(6)

"F" industrial uses not specifically permitted herein.

(7)

"G" house or office trailer to be used for storage, sales, offices, demonstrators, or for any other purpose to be permitted only on appeal to the city council.

(8)

"H" automobile filling stations, drive-in eating places, drive-in ice cream parlors, indoor or outdoor automobile repair shops to be permitted only on appeal to the city council.

(b)

Uses permitted and required lot area, widths and other specifications:

ITEM DISTRICTS
B-1 B-2
Classes of business or services permitted A, C, D A, B, C
Classes of business or services which may be permitted on appeal B, G & H D, G & H
Classes of business or services prohibited E & F E & F
Minimum yard size:
 Front yard, in feet 40
 Rear yard, in feet 75 35
*Maximum height:
 Feet 75 35
 Stories 5 2
Minimum width of sidewalks, feet None 10
Maximum building area: Per cent of gross lot area 100 45

 

*The height of any building shall not exceed the width of the fronting street measured from building line to building line.

(c)

Off-street parking requirements: See sections 20 through 23.

(d)

Off-street loading: See section 24.

(Code 1954, App. I, §§ 41—44; Ord. No. 94, § 1, 5-27-68; Ord. No. 118, 4-14-69; Ord. No. 184, 9-11-72; Ord. No. 196, 1-22-73)

Sec. 43.1. - Business district, B-3, regulations.

This section contains business district regulations as follows:

(a)

Classes:

(1)

"A" stores selling hardware, radio and television, restaurants (eat in only), apparel, furniture, houseware and household wares, apothecary and medical supplies, jewelry, gifts and items, flowers, sporting goods; dry cleaning and laundry pickup stations, barber and beauty shops, shoe repair, offices, banks; dwellings for any number of families, photography studios, catering shops (and as regulated for an "R-50" district).

(2)

Approved and licensed day care centers, exercise studios and dance studios provided a plan of off-street parking, loading and unloading has approval of the Selma Planning Commission.

(b)

Off-street parking and loading requirements: All businesses located in this district must comply with off-street parking requirements (section 20-23) and off-street loading requirements (section 24).

(c)

Appearance: The appearance of any buildings, walls and signs used under this section must be made to conform with the existing neighborhood and all plans for new construction must have prior approval of the architectural review board as set forth in the Code of Ordinances.

(d)

Fences and walls: A fence or wall may be required when petitioned by resident when his or her property adjoins a business which is allowed under this ordinance. Said fence or wall shall be first approved by the architectural review board and shall be constructed in conformity with Section 27 of the zoning code of the City of Selma, Alabama. Said side privacy wall to take into consideration any line of sight to make the same safe and to comply with the front or rear setback lines as set forth in subsection (f) of this section.

(e)

Signs. All signs used on structures must comply with section 29 of the zoning ordinance of the City of Selma, Alabama, and limited to not more than sixteen (16) square feet in area.

(f)

Area: The maximum building area which includes a per cent of gross lot area shall be no more than forty-five (45) per cent [and] shall have setback lines as follows:

(1)

A ten-foot side yard.

(2)

A thirty-five-foot side yard where it abuts a street or highway.

(3)

A forty-foot front yard.

(4)

A thirty-five-foot rear yard.

(Ord. No. 18-8485, §§ 1—6, 3-11-85)

Editor's note— Ord. No. 18-8485, §§ 1—6, adopted Mar. 11, 1985, has been included herein as § 43.1, in order to preserve the existing zoning ordinance format.

Sec. 44. - Industrial district regulations.

This section contains industrial district regulations:

(a)

Classes:

(1)

"A" light industrial operations not obnoxious, offensive, or detrimental to neighboring property by reason of dust, smoke, vibration, noise, odor, or effluents, and including the following types of business or industry: ice cream plants and creameries; cold storage plants; ice plants; bottling and central distribution plants; baking plants; textile mills; dyeing plants; warehouses; large dry cleaners and laundries; trucking terminals and similar types; quarters for a watchman; agricultural.

Approved and licensed day care centers, provided that a plan of off street parking, loading and unloading has approval of the Selma Planning Commission.

(2)

"B" animal clinic, hospital, or kennels; coal yards; lumber yard or mill; auto wrecking; gasoline, oil, gas or alcohol storage aboveground in excess of five hundred (500) gallons; grist or flour mill, scrap paper, rag storage or baling conducted entirely within a structure, trailer courts.

(3)

"C" any industrial or industrial service use, except those which in the opinion of the building inspector would cause noise, smoke, gas, vibration, fumes, dust, or other objectionable conditions which affect a considerable portion of the city.

(4)

"D" any use permitted in a B-2 district.

(5)

"E" slaughterhouse, stockyard, rag cleaning, central mixing plant for cement, mortar, plaster or paving materials; curing, tanning or storage of hides, distillation of bones, coal, tar, or wood; fat rendering; forge plant; manufacture of acetylene, acid, alcohol, ammonia, bleaching powder, brick, pottery, terra cotta or tile, concrete blocks, candles, disinfectants, dyestuffs, fertilizers, illuminating or heating gas including storage, paint, turpentine, varnish, soap, and tar products; wool pulling or scouring; junkyards, cotton waste reclaiming and auto salvage yard.

(6)

"F" residential uses, if permitted, shall be governed by regulations for an R-50A district.

(b)

Uses permitted and required lot area, widths and other specifications:

ITEM DISTRICTS
M-1 M-2 M-3
Classes of industry, businesses or services permitted A, D, F A A, B, C, E
Classes of industry, businesses or services which may be permitted on appeal B
(except
trailers)
C D
Classes of industry, businesses or services prohibited E, C B, D, E, F F
Minimum yard size:
 Front yard, in feet 20* 30
 Rear yard, in feet __† 30 __
 Side yard, in feet __‡ 30 __
Maximum height; feet,
stories
35
 2
35
 2
35
 2
Maximum building area, per cent of gross lot area 50% 25% 25%

 

* 40 if parking is in front.

† 35 where it adjoins residential property.

‡ 20 where it adjoins residential property.

(c)

Off-street loading: See section 24.

(d)

Off-street parking requirements: See sections 20 through 23.

(e)

Prior approval by planning commission of development plan before property is used for above uses: M-1, not required; M-2, required; M-3 not required.

(Code 1954, App. I, §§ 51—54; Ord. No. 94, § 2, 5-27-68; Ord. No. 118, 4-14-69; Ord. No. 0108-03/04, 11-24-03)