For the purposes of interpreting this Zoning Ordinance, the following words and phrases have the meanings ascribed to them in this Article.

In the event a word or phrase is not listed in this Article or is not defined elsewhere in this Ordinance, the conventional meaning of the term applies.

(Ord. No. 2224A-20, 3-17-20)

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

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

The word "person" includes an individual, firm, association, organization, partnership, trust, company or corporation.

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

(Ord. No. 2224A-20, 3-17-20)

§2.03.01

Access. A way of approaching or entering a property.

§2.03.02

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

§2.03.03

Accessory Use. A use customarily incidental to the principal use of the land of building on the same lot.

§2.03.04

Adjacent. Either adjoining or on the opposite side of a street or other right-of-way that separates it from the subject property. Properties separated by a railroad are not considered adjacent.

§2.03.05

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

§2.03.06

Adult Entertainment. A business that meets any of the following criteria, measured on a daily, weekly, monthly or annual basis: 1) has more than 25% of its inventory, stock-in-trade, or publicly displayed merchandise in sexually-oriented materials, 2) devotes more than 25% of its floor area (not including storage areas, bathrooms, basements, or any portion of the business not open to the public), 3) derives more than 25% of its gross revenue from sexually-oriented materials. Adult Entertainment includes any business that engages for any length of time in a sexually oriented use or any other use that emphasizes specified sexual activities or Specified anatomical areas, including but not limited to adult arcades and movie theaters, adult cabarets, and adult bookstores and novelty businesses.

A.

Sexually-Oriented Materials. Materials of any media format and any objects or devices that contain, depict, stimulate or describe specified sexual activities or Specified anatomical areas; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation.

B.

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

C.

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

§2.03.07

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

§2.03.08

Alteration. Any change or modification of members, or parts, of an existing structure, such as bearing walls, columns, beams, girders, or interior partitions, doors or windows; or any enlargement or reduction of a structure, whether horizontally or vertically; or moving the structure from one location to another.

§2.03.09

Alternative Financial Service. A check cashing business, payday advance or loan business, money transfer business, car title loan business, title pawn business, pawn shop or similar business engaged in non-traditional short-term lending.

§2.03.10

Amateur Radio Tower. A tower with one or more antennas connected to radio equipment operated by a licensed amateur radio operator in accordance with applicable FCC laws and regulations.

§2.03.11

Animal. Any domesticated creature of the canine, feline, equine, bovine, sheep, goat, or swine species or type.

§2.03.12

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

§2.03.13

Applicable District. That zoning district in which the subject site, lot or structure is located.

§2.03.14

Applicant. A person submitting an application for development, a variance, special exception, rezoning or other approval under this Zoning Ordinance.

§2.03.15

Architect or Registered Architect. A person licensed in the State of Alabama to practice in the field of architecture.

§2.03.16

Assisted Living Facility. Residences for the frail that provide rooms, meals, personal care, and supervision of self-administered medication; excluding Group Care Homes.

§2.03.17

Attached. Attached by any means to another structure, or a structure closer than ten feet from another structure on the same lot.

§2.03.18

Automobile Repair

A.

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

B.

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

§2.03.19

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

§2.03.20

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

§2.03.21

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

§2.03.22

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

§2.03.23

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

§2.03.24

Bedroom. A room marketed, designed or otherwise intended to function primarily for sleeping.

§2.03.25

Board of Adjustment or Board. The Board of Adjustment of the City of Sylacauga, Alabama.

§2.03.26

Boarding House. A dwelling or part thereof, other than a Bed and Breakfast, where lodging and meals are provided for three or more persons for a fee.

§2.03.27

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

§2.03.28

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

§2.03.29

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

§2.03.30

Building Height. For flat or parapet roof buildings, the vertical distance measured from grade level at the front of the building to the highest point of the roof. For pitched-roof buildings, the vertical distance measured from grade level at the front of the building to the average of the eaves and ridges.

§2.03.31

Building Line, Front. A line extending across the width of the lot coincident with the front-most plane of the building.

§2.03.32

Building Official. The designated employee of the City responsible for enforcing the provisions of this Zoning Ordinance and the Building Code, or their designee.

§2.03.33

Building, Principal. The building in which the primary use of the property is conducted.

§2.03.34

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

§2.03.35

Business or Professional Office. A room or group of rooms used for conducting the affairs of a business, profession, service, or industry and generally furnished with desks, tables and communications equipment. Includes call centers and broadcast studios but not medical clinics.

§2.03.36

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

§2.03.37

Certificate Of Occupancy. An official document issued upon satisfactory completion of construction or change of occupancy of a structure in accordance with applicable codes, approved plans and specifications and after final inspection by the Building Official.

§2.03.38

Campground. Land on which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes for no more than 120 days.

§2.03.39

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

§2.03.40

Collection Bin. Any unattended container, receptacle, or similar device used for soliciting and collecting donations of clothing or other salvageable personal property.

§2.03.41

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

§2.03.42

Commercial Parking. Parking lots or structures providing parking for uses not located on the premises.

§2.03.43

Commercial Recreation. A commercial establishment providing recreational or sports activities to participants, including bowling alleys, video game centers, ice and roller skating rinks, driving ranges, miniature golf courses, conventional golf courses, swimming pools, tennis courts and other commercial recreational and sports activities.

§2.03.44

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

§2.03.45

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

§2.03.46

Conditional uses. Uses allowed within the district, but only upon approval of and subject to conditions set by of the Planning Commission.

§2.03.47

Conservation Subdivision. A form of development that permits a reduction in dimensional requirements, provided there is no increase in the overall density of the development, and the remaining land area is devoted to open space, recreation, or preservation of environmentally sensitive areas. See §7.08 Conservation Subdivisions.

§2.03.48

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

§2.03.49

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

§2.03.50

Cottage Industry. Limited commercial or custom fabrication activity, which may, if permitted in the applicable district, include the display and sale of goods produced on-site, and which do not create service demands, noise, odors, dust or other impacts greater than those created by other uses permitted within the same district.

§2.03.51

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

§2.03.52

Day Care Facility

A.

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

B.

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

C.

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

D.

Child Day Care Group Home. A dwelling used for the care of seven to twelve children for part of the day with at least two adults present and supervising child care activities.

E.

Child Day Care Home. A dwelling used for the care of six or less children for part of the day.

§2.03.53

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

§2.03.54

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

§2.03.55

Duplex. See Dwelling, Duplex.

§2.03.56

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

A.

Dwelling Unit, Auxiliary. A subordinate, independent dwelling unit located on the same lot as a detached single-family dwelling. See §7.05 Auxiliary Dwelling Units.

B.

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

C.

Dwelling, Duplex. A building containing two dwelling units totally separated from each other by an unpierced wall extending from basement to roof.

D.

Dwelling, Multifamily. A building containing three or more dwelling units on one lot.

E.

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

F.

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

G.

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

H.

Dwelling, Tiny Home. A pre-fabricated, modular or site-built single-family detached dwelling under 600 sf in habitable area (excluding loft space) designed and constructed for residential occupancy in accordance with the City Building Code.

I.

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

J.

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

§2.03.57

Encroachment Permit. A permit granted by the City necessary to allow any encroachment into a public right-of-way associated with the use of adjoining property, subject to the regulations of §3.08 Right-of-Way Encroachments.

§2.03.58

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

§2.03.59

Entertainment Uses

A.

Adult Entertainment. See Adult Entertainment.

B.

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

C.

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

§2.03.60

Family. Any one of the following arrangements when living together in a dwelling as a single-housekeeping unit: 1) an individual, 2) two or more persons related by legal adoption, blood or licit marriage plus up to two unrelated persons, 3) a group of not more than four unrelated persons.

§2.03.61

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

§2.03.62

Farm Support Business. A commercial establishment engaged in the sale of farm support goods and services, including but not limited to, the sale of feed, grains, fertilizers, pesticides and similar farm support goods; the provision of warehousing and storage facilities for raw farm products; and the provision of veterinary services to farm animals.

§2.03.63

Fence. An artificially constructed barrier of any kind erected to enclose or screen.

§2.03.64

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

§2.03.65

Foundation System. In reference to manufactured homes, the assembly of materials constructed with the intent of not being removed from its installation site, designed to support the structure, and engineered to resist the imposition of external natural forces.

§2.03.66

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

§2.03.67

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

§2.03.68

Grade level. For buildings, the average level of the finished grade at the front building line. For trees, landscaping, light fixtures and signs, the level of finished grade at the base of the tree, plant, fixture or sign.

§2.03.69

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

A.

Emergency Care Home. A group care home, serving up to 10 individuals, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to provide a protective sanctuary and emergency housing to victims of crime or abuse.

B.

Family Care Home. A group care home, serving up to 10 individuals, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to serve socially, physically, mentally, or developmentally impaired children in a family-type living arrangement, and which meet or exceed the minimum requirements of Section 11-52-75.1 Regulations as to housing of mentally retarded or mentally ill persons in multifamily zones, Code of Alabama, 1975 as amended.

C.

Transitional Care Home. A group care home, serving up to 10 individuals, unrelated by blood or marriage, living together as a single housekeeping unit under the supervision of one or two resident managers, whose purpose is to assist persons, especially those leaving institutions, to reenter society and learn to adapt to independent living.

§2.03.70

Hardship. Any condition not in control of the owner or applicant such as, but not limited to, topography, lot shape or size, location of public utilities or similar conditions deemed a hardship by the Board of Adjustment.

§2.03.71

Heavy Industry. Meat or poultry processing, slaughterhouse, the storage or manufacturing of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature.

§2.03.72

Hobby Farm. The keeping, raising and breeding of a limited number of livestock, fowl and other animals for agricultural purposes, but not for gain, on a property for which the principal use is a detached single-family dwelling.

§2.03.73

Home Occupation. Limited business activity conducted in conjunction with and accessory to a dwelling, that is inherently unobtrusive and unlikely to alter the character of the neighborhood nor adversely impact surrounding land uses.

§2.03.74

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

§2.03.75

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

§2.03.76

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

§2.03.77

Independent Living Facility. A residential facility for the elderly that may provide meals, housekeeping, linen service, transportation, social and recreational activities and similar services. Such facilities do not provide, in a majority of the units, assistance with or supervision of medication, bathing, dressing, toileting and other activities of daily living.

§2.03.78

Industry, Small-scale. Manufacturing or industrial operations employing no more than 20 workers and occupying no more than 15,000 sf of gross floor area.

§2.03.79

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

A.

Low intensity. Government and nonprofit cultural facilities up to 4,000 sf; places of assembly up to 99 seats.

B.

Medium intensity. Government and nonprofit cultural facilities up to 7,000 sf; health institutions up to 35,000 sf; elementary and junior high/middle schools; places of assembly up to 300 seats; other institutions up to 35,000 sf.

C.

High intensity. Government and cultural facilities greater than 12,500 sf; health institutions greater than 35,000 sf; places of assembly greater than 300 seats; high schools, universities, colleges, junior colleges; stadiums and arenas up to 3,000 seats; other institutions greater than 35,000 sf.

§2.03.80

Junkyard. A lot or structure or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. Does not include Recycling Center or Recycling Plant.

§2.03.81

Kennel. An establishment in which domesticated animals are housed, groomed, bred, boarded, trained or sold, all for compensation. Does not include Pet Grooming.

§2.03.82

Laundering Plant. An establishment primarily engaged in high volume laundry and garment services, including commercial and industrial laundries; garment pressing and dry cleaning; linen supply; diaper service; carpet and upholstery cleaners, but excluding laundering services.

§2.03.83

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

§2.03.84

Lot. A parcel of land shown on a recorded plat or a piece of land described by a legally recorded deed.

§2.03.85

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

§2.03.86

Lot Line. A line bounding a lot, which divides it from another lot or from a street or from any other public or private place.

A.

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

B.

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

C.

Lot Line, Side: Any lot line other than a Front Lot Line or a Rear Lot Line.

§2.03.87

Lot of Record. A lot which is part of a recorded plat or plot described by metes and bounds, the map and/or description of which has been recorded according to Alabama Law, as of the effective date of this Ordinance.

§2.03.88

Lot Types

A.

Corner Lots

1)

Double Frontage Lot. An interior lot having frontages on two streets.

2)

Dual Frontage Corner Lot. A residential Corner Lot that abuts an interior lot on each side.

3)

Single-Frontage Corner Lot. A residential Corner Lot that abuts an interior lot on one side and a corner lot on the other side.

B.

Interior Lot. A lot other than a corner lot.

§2.03.89

Lot width. The distance between the side lot lines as measured at the front building line. For corner lots, lot width is measured between the side lot line and the opposite lot line.

§2.03.90

Manufactured home. A structure constructed on or after June 15, 1976, according to the rules of the US Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight feet wide or at least 40 ft long or, when erected on site, at least 320 sf; includes the plumbing, heating, air conditioning, and electrical systems of the home.

§2.03.91

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

§2.03.92

Manufactured Home Space. A space designed for the placement of a manufactured home within a Manufactured Home Park.

§2.03.93

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

§2.03.94

Medical Clinic. A building in which a group of physicians, dentists, and associated professional assistants are associated for the purpose of carrying on their profession. The clinic may include a dental or medical laboratory, surgery suites but excludes any in-patient care.

§2.03.95

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

§2.03.96

Mobile Food Vendor. A readily movable wheeled cart, trailer or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations, including food trucks and food carts. This does not include canteens, coffee or ice cream trucks that are stationary in the same location for no more than 30 minutes at a time.

§2.03.97

Modular structure. A structure manufactured off-site in accordance with the City Building Code, transported to and assembled on the building site on a permanent foundation.

§2.03.98

Motel. An establishment providing sleeping accommodations for the travelling public, in which lodging rooms are accessed from the exterior of the building. Motels may also include dining facilities, fitness centers and other incidental services for guests.

§2.03.99

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

§2.03.100

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

§2.03.101

Nonconforming Use. A use that does not conform to the regulations of the applicable district.

§2.03.102

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

§2.03.103

Off-street parking. An all-weather surfaced area not in a street or alley and permanently reserved for the temporary storage of automobiles. To include all access roads and entry ways.

§2.03.104

Office. See Business or Professional Office.

§2.03.105

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

§2.03.106

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

§2.03.107

Ordinance Enforcement Officer. That official assigned by the City to carry out enforcement of violations of building code, zoning and related regulations.

§2.03.108

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

§2.03.109

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

§2.03.110

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

§2.03.111

Pet Grooming. An establishment that offers boarding, grooming and training of dogs, cats and other household pets for compensation and that has no outside runs.

§2.03.112

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

§2.03.113

Planning Commission or Commission. The Planning Commission of the City of Sylacauga, Alabama.

§2.03.114

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

§2.03.115

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

§2.03.116

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

§2.03.117

Recycling Center. Land, with or without buildings, where used materials are collected and may be separated before being transported to a recycling plant or other location for processing and eventual reuse.

§2.03.118

Recycling Plant. A facility, other than a junkyard, in which recoverable resources, such as paper, plastic, glass, and metal cans are recycled, reprocessed and treated to return such products to a condition in which they may be used again in new products.

§2.03.119

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

§2.03.120

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

§2.03.121

Restaurant

A.

Fast Food Restaurant. An establishment where food and drink are offered for on-premises consumption and may be ordered from and delivered to an automobile, including through a pick-up window.

B.

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

C.

Standard Restaurant. An establishment where food and drink are prepared, served and consumed, mostly within the principal building.

§2.03.122

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

§2.03.123

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

§2.03.124

Sign. Any structure or part thereof which is used to announce, direct attention to or advertise.

§2.03.125

Small Cell Facilities. A type of wireless broadband infrastructure involving small cell wireless technology that typically takes the form of small antennae placed on buildings, utility poles and other existing structures. This does not include TELECOMMUNICATION TOWER.

§2.03.126

Small Scale Industry. See Industry, Small Scale.

§2.03.127

Special Exception. A use or characteristic of development that would not generally be appropriate in a zoning district without restriction, but which if controlled as to number, area, location or relation to the area, would not be detrimental to the public health, safety and general welfare. Special exceptions require approval by the Board of Adjustment. See §12.04 Special Exceptions.

§2.03.128

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

§2.03.129

Structure. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground, including buildings or signs.

§2.03.130

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

§2.03.131

Subdivision Regulations. The Subdivision Regulations of the City of Sylacauga, Alabama.

§2.03.132

Surveyor. A professional surveyor registered and in good standing with the State of Alabama Board of Registration for Professional Engineers and Surveyors.

§2.03.133

Tiny Home on Wheels. A pre-fabricated structure set on a permanent trailer chassis with wheels used as temporary living quarters and that does not comply with City Building Code or HUD Code requirements for residential occupancy.

§2.03.134

Uniformity Ratio. The ratio of the average-to-minimum illuminance at grade level.

§2.03.135

Use. The purpose for which land, buildings or structures are designed, arranged or intended, or for which they may be occupied or maintained.

§2.03.136

Variance. A relaxation of the terms of the zoning regulations granted by the Board of where such relaxation will not be contrary to the public interest.

§2.03.137

Vehicle Sales, Rental and Service

A.

Heavy Equipment and Vehicle Sales, Rental and Service. The sale or rental of trucks over one ton and construction and similar equipment, including the storage, maintenance and servicing of the same.

B.

Vehicle and Equipment Sales, Rental and Service. The sale or rental of manufactured homes, tractors, farm implements and similar equipment, including the storage, maintenance and servicing of the same.

C.

Vehicle Sales, Rental and Service. The sale or rental of automobiles, light trucks, recreational vehicles, boats, motorcycles, including the storage, maintenance and servicing of the same.

§2.03.138

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

§2.03.139

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

§2.03.140

Yard. An open area of a lot, not occupied by any use or structure, measured from a property line to the nearest point of a structure. A required yard means a yard the depth of which is specified in the "Area and Dimensional Regulations" for the applicable district. Refer also to Lot Line and accompanying diagrams.

A.

Front Yard. That area extending across the front of a lot between the side lot lines. Refer to Corner Lot for front yard locations.

1)

Primary Front Yard. The yard of a single-frontage corner lot that corresponds with the front yard of the adjoining interior lot.

2)

Secondary Front Yard. A yard of a Single-frontage corner lot along a front lot line other than the Primary Front Yard.

B.

Rear Yard. A yard extending across the rear of a lot between the side lot lines. On all lots, the rear yard is opposite the front yard or primary front yard.

C.

Side Yard. A yard between the principal building and the side lot line and extending from the required front yard to the required rear yard.

(Ord. No. 2224A-20, 3-17-20; Ord. No. 2252-23, § 1, 1-19-23)

§2.04.01

ac - acre

§2.04.02

ADA - Americans with Disabilities Act

§2.04.03

ADEM - Alabama Department of Environmental Management

§2.04.04

ADU - Auxiliary Dwelling Unit

§2.04.05

amp - ampere (unit of electric current)

§2.04.06

BMP - Best Management Practices

§2.04.07

dBA - A-weighted decibel

§2.04.08

FEMA - Federal Emergency Management Agency

§2.04.09

FIRM - Flood Insurance Rate Map

§2.04.10

ft - feet

§2.04.11

max. - maximum

§2.04.12

MDP - Master Development Plan

§2.04.13

min. - minimum

§2.04.14

MUTCD - Manual on Uniform Traffic Control Devices

§2.04.15

n/a - not applicable

§2.04.16

NFPA - National Fire Protection Association

§2.04.17

PUD - Planned Unit Development

§2.04.18

ROW - right-of-way

§2.04.19

RV - recreational vehicle

§2.04.20

sf - square feet

§2.04.21

STR - Short Term Rental

(Ord. No. 2224A-20, 3-17-20)