§3.01.01

No land may be used nor building erected, enlarged, reconstructed, moved, structurally altered or used except for a use permitted by right, approved by the Planning Commission as a Conditional Use (§11.06) or approved by the Board of Adjustment ("the Board") as a Special Exception (§12.04). Uses are permitted within each district as specified in Articles 4, 5 and 6.

§3.01.02

If a use is not specifically referred to in this Ordinance, its status may be determined by the Building Official by reference to the most clearly analogous use in the applicable Table of Permitted Uses or as previously determined by the Planning Commission. Once the status of an unlisted use has been determined, that determination applies subsequently to all uses of the same type. If a proposed use is not analogous to a use in the Table of Permitted Uses or one previously decided upon by the Commission, the Building Official will refer the matter to the Commission.

§3.01.03

Certain uses identified in Articles 4, 5 and 6 are subject to "Use-Specific Regulations" in Article 7.

§3.01.04

When any use or zoning district encroaches on an existing, permitted use that is required to be separated from the encroaching use or zoning district, the existing, permitted use does not become nonconforming due to the encroachment of the other use or zoning district.

§3.01.05

Telecommunication towers are allowed in any district subject to approval of a Special Use Permit by the City Council in accordance with Ordinance 2109.

§3.01.06

Temporary, protective shelters approved by the Alabama Emergency Management Agency may be used as temporary, emergency living quarters in any district.

§3.01.07

Accessory uses and structures may not be established on a premises before the principal use or structure is established.

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

§3.02.01

No part of a yard or other open space required of one structure may be included as part of a yard or open space required for another structure.

§3.02.02

No lot, yard, building site or open space may be reduced in area so that the lot, yards or open spaces are less than the minimum required by this Ordinance. All yards, lots and open spaces created after the effective date of the Ordinance must meet the minimum requirements of this Ordinance.

§3.02.03

The minimum front yard setback applies to both frontages of double-frontage lots.

§3.02.04

Every part of a required yard must be open from its lowest point to the sky and unobstructed with the following exceptions:

A.

Sills, belt courses, cornices, eaves, ornamental features, chimneys, awnings, canopies, steps and ramps not higher than 30 inches above grade and similar features may extend into a required yard not more than 36 inches, except as may be required for accessible ramps.

B.

Accessory structures conforming to requirements of §3.03.04 Accessory Structures.

§3.02.05

Exceptions and modifications to lot, yard and open space requirements:

A.

On any lot of record which is separately owned, one building and its accessory structures may be built, and required side yard setbacks may be reduced provided the resulting buildable area is at least 24 ft wide.

B.

No building is required to be set back more than the average of the setbacks of the existing buildings within 100 feet each side thereof. See Figure 3-1.

C.

Other than traffic control signs, no fence, wall, landscaping, sign or other visual obstruction is permitted, between the heights of three feet and 10 ft above street level, that will obstruct a motorist's line of sight at intersections of streets, driveways or alleys, in accordance with the following or AASHTO Geometric Design of Highways and Streets, latest addition, whichever is more restrictive. Requirements are determined as follows:

1)

At the intersection of two streets: 30 ft from the intersection measured along each curb line/edge of pavement.

2)

At the intersection of a street and a driveway or alley: 20 ft from the intersection measured along the curb line/edge-of-pavement and 20 ft along the driveway pavement.

3)

At the intersection of a street and a major street or railroad: 20 ft from the intersection measured along the curb line/edge-of-pavement of the street and 70 ft along the curb line/edge-of-pavement of the major street or the railroad right-of-way, as applicable.

D.

On any lot which, on the effective date of this Ordinance, may be reduced in area by widening a public street to a future street line as indicated on the duly adopted "major street plan," the required yards, lot area, lot width, and maximum building area is measured by considering the future street line as the lot line.

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

§3.03.01

Other than multifamily developments, only one principal building is permitted on any lot used for residential purposes.

§3.03.02

Maximum Height

A.

In each district, each structure hereafter erected, altered or moved may not exceed the maximum height of the applicable district. This does not apply to steeples, silos and similar farm structures, chimneys, flag poles, antennae, public utility poles, radio and television towers and aerials, cooling towers, water tanks and industrial structures when required by manufacturing process provided the structure does not exceed 25% of the lot area.

B.

In addition to the height limitations of this Ordinance, any structure located within the Runway Protection Zone require a permit from and are subject to the regulations of the Federal Aviation Administration.

§3.03.03

Mobile and Portable Buildings. Trailers, buses, boats, manufactured homes, recreational vehicles and similar mobile and portable structures are not permitted in any zoning district, other than for transportation purposes, except as follows (see also §3.04 Off-Street Parking and Loading Areas):

A.

Manufactured homes may be located within a permitted manufactured home park, manufactured home subdivision, manufactured home sales establishment or on its own lot in the R-2MH District. Manufactured homes may not be more than 15 years old and may not be altered for a use other than their originally intended purpose nor be used for storage or as an accessory structure.

B.

Manufactured buildings, designed and certified for nonresidential use by the Alabama Manufactured Housing Commission, may be used as part of permitted manufacturing and industrial uses in manufacturing districts provided they are set back at least 50 ft from any lot line and ten feet from any other structure.

C.

Portable buildings may be used temporarily as offices or for storage in conjunction with construction projects. They may not be placed on site until the associated Building Permit has been issued and must be removed within five days after the Certificate of Occupancy has been issued.

§3.03.04

Accessory Structures

A.

Accessory structures may not include living quarters, except where expressly permitted as Auxiliary Dwelling Units (ADUs), in accordance with §7.05 Auxiliary Dwelling Units. Storm shelters, any other similar shelters used for temporary emergency protection, and swimming pool buildings that contain no sleeping or cooking facilities are not considered living quarters.

B.

No accessory structure may be placed in or extend forward of the front building line except shelters for temporary emergency protection.

C.

Accessory structures may not cover more than 30% of the rear yard. Accessory structures must be set back at least five feet from rear and side lot lines and may not be placed within or extend into an easement.

§3.03.05

Swimming Pools

A.

Signage and fencing must be provided as required by the City Building Code or other applicable state or county regulations.

B.

Swimming pool aprons may not be closer than ten feet to any property line.

C.

Swimming pools accessory to any residential use may not be placed or extend forward of the front building line.

§3.03.06

Signs. Refer to Article 9 Sign Regulations.

In all districts, each separately addressed building must have its street number displayed, in four-inch or taller numbers, above or adjacent to the building entrance or other conspicuous location on the front façade. Street numbers on mail boxes must be at least two inches tall.

§3.03.07

Collection Bins located outside of a building are subject to the following requirements:

A.

Bins are prohibited in any residential or agricultural districts but are otherwise permitted as an accessory use to any permitted nonresidential use.

B.

Bins may be not be located in a required open space, buffer, landscaped area or parking space. They must be set back at least five feet from side and rear lot lines and 25 ft from any front lot line. They must be set back at least 15 feet from the boundary of any residential use.

C.

Collection bins must be emptied on a regular basis. The grounds around collection bins must be kept free of any refuse, debris or items left for collection.

D.

The operator of the collection bin must obtain a business license before placing any collection bins in the City. With the license application, the operator must provide:

1)

Contact information, including at least two valid telephone numbers of then operator or representative that will respond within 24 hours to complaints about the condition or operation of the bin. The contact must answer calls regarding bins 24 hours a day, seven days a week. The operator must submit any changed contact information to the City Clerk within 48 hours of such change.

2)

Notarized letter from the property owner granting permission for placement of the bin

3)

Bond insuring compliance with these regulations in an amount set by the City Council

E.

Violations. If not corrected within 24 hours of notice by the City, violations of these regulations are subject to §11.09 Penalties, Remedies.

§3.03.08

Carports

A.

Carports may not extend forward of the front building line.

B.

Open-sided, non-combustible carports must be set back at least two feet from any side or rear lot line. The Building Official may reduce this requirement if there is inadequate width to comply and the Official finds the location of the carport will pose no greater safety hazard than as otherwise allowed. All other carports must be set back from side and rear lot lines as required for accessory structures (§3.03.04).

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

§3.04.01

All uses must provide off-street parking and loading areas in accordance with Article 8 Parking and Loading Standards.

§3.04.02

In any district that allows residential development of any type. Recreational vehicles, boats, campers, motor homes and similar vehicles must be stored behind the front building line.

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

§3.05.01

Parking lots and other areas provided for vehicular use must be landscaped in accordance with §10.03 Landscaping for Vehicular Areas.

§3.05.02

Outdoor storage, work yards, commercial trash receptacles and similar site elements must be screened from public view in accordance with §10.02 Screening.

§3.05.03

Any use that will abut an existing use of lesser intensity must provide a buffer between it and the existing use in accordance with §10.01 Buffers.

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

The erection, construction, maintenance, and use of public utilities for the transmission and delivery of electrical, gas, water, sewer and communications services along streets and easements are permitted in all districts, subject to City Council approval and in accordance with the City Subdivision Regulations.

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

For all proposals involving the creation of common open spaces or facilities, which may include subdivision entrances and signage, to be owned and maintained by the developer or a homeowner, property owner, or condominium association, the following apply:

§3.07.01

If not owned and maintained by the developer, an association representing the owners must own the common open space or facility in perpetuity. Membership in the association is mandatory and automatic for all owners of the subdivision or condominium and their successors. The association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the common open space and/or facilities is borne by the association.

§3.07.02

Management Plan. The applicant must submit a plan for management of open space and/or common facilities that:

A.

allocates responsibility and guidelines for the maintenance and operation of the common open space/facilities including provisions for ongoing maintenance and for long-term capital improvements.

B.

estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the common open space/facilities and outlines the means by which such funding will be obtained or provided.

C.

provides that any changes to the plan be approved by the Commission.

D.

provides for enforcement of the plan.

§3.07.03

In the event the party responsible for the common open space or facilities fails to maintain all or any portion in reasonable order and condition, the City may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the association, or to the individual owners that make up the association, and may include administrative costs and penalties. Costs will become a lien on all involved properties.

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

Encroachment of any kind, other than permitted driveways, within a public right-of-way is prohibited except as allowed through a right-of-way encroachment permit in accordance with all applicable city policies and standards including the following:

§3.08.01

Tier I. The following encroachments may be allowed through a Tier I ROW Encroachment permit: planter and A-frame signs with weighted bases, awnings without poles, landscaping and planters, tables, retail displays, benches, stairs, steps, accessible ramps, temporary shoring and construction fencing, sewer pre-treatment devices such as grease containers, and similar items as determined by the Building Official.

§3.08.02

Tier II. The following encroachments may be allowed through a Tier II ROW Encroachment Permit, subject to Council approval with a recommendation by the Building Official after review and approval of engineered drawings: awnings with poles, arbors, balconies, decks, fire escapes, bollards, signs not eligible for Tier I Encroachment permit, and other items of similar size and permanent construction as determined by the Building Official. Encroachments must have foundations independent of the sidewalk, pavement or other public improvement to allow repairs to the public improvement without impact on the encroachment.

§3.08.03

Residential. The following encroachments may be allowed through a Residential ROW Encroachment Permit, subject to review and approval of the Building Official: landscaping and planters, fences, stairs, steps, accessible ramps, temporary shoring and construction fencing, and similar items as determined by the Building Official. The Building Official may require engineered drawings for permanent structures, which are limited to fences, stairs and steps. Applicant must provide a dimensioned drawing sufficient to show the proposed location and extent of encroachment into the right-of-way. The property owner must retain written authorization of the encroachment from the City for future reference.

§3.08.04

The City requires proof of insurance in the following amounts, with the City named additionally insured:

A.

Tier I Encroachment: $250,000

B.

Tier II Encroachment: $1,000,000

Encroachments are subject to removal by the City if required insurance is not maintained.

§3.08.05

Clearances. All overhead encroachments must maintain a minimum vertical clearance of eight feet from the sidewalk or other grade level. Encroachments may not obstruct a motorist's line of sight at intersections (see §3.02.05.C).

§3.08.06

For rights-of-way under state or county jurisdiction, written permission from and compliance with the standards or conditions of the applicable authority is required before a Tier II Encroachment Permit may be granted.

§3.08.07

Permitted encroachments that are not maintained in a safe condition and otherwise in accordance with City standards are subject to removal by the City.

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

§3.09.01

Walls or fences may be erected, placed, maintained, or grown along a lot line on residentially zoned property or abutting a residential district, to a height not exceeding six feet above grade level. Where the lot line abuts a nonresidential district, walls or fences may be erected, placed, maintained, or grown to a height not exceeding eight feet. This does not apply to retaining walls.

§3.09.02

Fences and walls located forward of the front building line must comply with the following:

A.

Must be setback at least one foot from front lot lines, except as provided in §3.09.03.

B.

May not be more than 50% opaque, except that solid masonry walls are permitted up to a height of 36 inches.

C.

Chain link fencing must be green or black coated and may not include slats. Otherwise, materials are limited to pressure-treated wood, masonry, wrought iron and decorative metal.

D.

Height is limited as follows:

1)

In any zone allowing dwellings may not be taller than 48 inches, except as provided in 2) and 3) below.

2)

On agriculturally zoned properties of at least three acres, walls and fences located forward of the front building line may not be taller than 54 inches.

3)

The Board may approve, as a Special Exception, the use of wrought iron, industrial grade aluminum or equivalent, decorative fencing panels up to eight ft. in height for special security and multifamily applications on properties of at least two acres. Masonry columns must be provided between fence panels with a maximum spacing of 20 ft. Shop and site drawings must be submitted with the request. Such requests may also be approved by the Commission simultaneously with a Conditional Use review or other request requiring Commission approval.

§3.09.03

Walls and fences may not obstruct a motorist's line of sight at intersections (see §3.02.05.C). Walls and fences may not be installed within a public right-of-way unless an encroachment is approved in accordance with §3.08 Right-of-Way Encroachments.

§3.09.04

The finished side of a fence must face outward, toward the street or adjoining properties.

(Ord. No. 2224A-20, 3-17-20; Ord. No. 2235-21, § 1, 8-3-21)

§3.10.01

General Provisions

A.

Except as otherwise provided in this Section, any nonconforming lot, structure or use lawfully existing on the effective date of this Ordinance, may continue so long as it remains otherwise lawful.

B.

Nothing in this Article may be interpreted to prohibit routine maintenance, restoration of a structure to a safe condition, internal renovations and modifications, and external improvements that do not increase the scope or scale of a nonconformity.

C.

No nonconformity may be moved to any other location on the same or any other lot unless the entire structure will conform, after being moved, to all applicable regulations.

D.

No use or structure that is accessory to a nonconforming principal use may continue after the principal use ceases, in accordance with §3.10.06, unless it thereafter conforms to all applicable regulations.

E.

The burden of establishing the lawful status of a nonconforming structure or use rests with the owner.

§3.10.02

Nonconforming Lots of Record. When a lot of record does not include sufficient land area to comply with the area and dimensional standards of the Ordinance, it is considered a nonconforming lot of record.

A.

If two or more contiguous nonconforming lots of record exist in single ownership, the land involved will be considered an undivided tract of land. No portion of the tract may be sold or developed in a manner that diminishes the ability to comply with this Ordinance.

B.

A nonconforming lot may be used as a building site upon approval of a Special Exception (see §12.04). The lot area, width and setbacks must conform as closely as possible to the district requirements; and, further, provided that:

1)

The front yard setback may not be less than the average of the setbacks of existing buildings within 100 ft on each side of the lot.

2)

Unless lesser side yards are permitted by the district, at least one side yard must be at least 10 ft wide and the other side yard at least five feet wide.

3)

The rear yard setback may not be less than 20 ft.

4)

The buildable area, with side yards reduced as above, must be at least 24 ft wide, unless a lesser width is allowed in the district.

5)

Not more than one use and principal building is allowed on a nonconforming lot of record.

§3.10.03

Nonconforming Use of Land. A nonconforming use of land may not be extended to occupy greater land area or relocated, in whole or part, to another part of the land. If a nonconforming use of land ceases for 60 consecutive days for any reason, the use of the land may not be reestablished and any future use must conform to these regulations.

§3.10.04

Nonconforming Use of Structures. The nonconforming use of a structure is allowed to continue subject to the following conditions.

A.

New Construction Must Conform to Regulations: No additional structures may be erected that do not conform to this Ordinance and other applicable development regulations.

B.

Enlarging Nonconforming Buildings and Structures Prohibited: A structure may not be enlarged or altered in a manner that increases the nonconformity, but may be altered to decrease the nonconformity.

C.

Expansion: Extension of a nonconforming use within a structure may be expanded only within area of the existing structure that are contiguous to the area occupied by the nonconforming use. The use may not be extended to occupy any land outside the structure, including parking or loading areas required by the use of additional area within the structure. The use may not be expanded or relocated, in whole or part, to a non-contiguous part of a structure.

§3.10.05

Repair and Restoration of Nonconforming Structures and Uses. A nonconforming structure or use may not be rebuilt or restored except in conformance with the provisions of this Ordinance after being damaged by fire or other natural acts to the extent of 80% or more of its assessed value at the time the damage occurred. If a nonconforming building is damaged less than 80% of its assessed value at the time of damage, it may be rebuilt or restored and used provided the rebuilding or restoration is started within 12 months after the date of damage and that restoration work is diligently continued.

§3.10.06

Termination of Abandoned Nonconforming Use. Any nonconforming use that is discontinued for any reason for a period of six consecutive months may not be reestablished and any future use of the premises must comply with these regulations. However, the Board may grant an extension of six months in cases of hardship.

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