The following general regulations pertain to the administration, enforcement of, and compliance with this appendix.

1.1

Application of this appendix. No structure shall be constructed, erected, placed or maintained and no land use commenced or continued within the City of Trussville except as authorized by this appendix.

1.2

General prohibitions. Except as otherwise provided in this appendix:

A.

No land or structure may be used except for a purpose permitted in the district in which it is located.

B.

No building shall be erected, enlarged, reconstructed, moved, or structurally altered except in conformity with the use regulations, area regulations and height limit of the district in which the building is located. The zoning classification of the property shall be determined prior to the issuance of any building permit.

C.

The minimum building line, parking spaces, open spaces, including minimum lot area, required by this appendix for each and every building existing at the time of the passage of this appendix or for any building hereafter erected, shall not be encroached upon or considered as a required building or open space for any other building, nor shall any lot area be reduced below the requirements of this appendix. Notwithstanding the above, binding agreements for joint use of parking areas may be allowed as described in the parking requirements, article IX, section 3.1.

D.

Every residential building in a single-family residential district hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot. Accessory structures shall not be used for residential nor commercial uses. Neither will sanitary facilities be permitted in accessory structures without the approval of the city council.

E.

In any zoning district other than a single-family residential district more than one main building may be allowed on one lot provided that said buildings and property are under common ownership.

1.3

Joint occupancy. No structure shall be erected, structurally altered for, or used as a dwelling simultaneously with any other use, except as expressly provided for in this appendix.

1.4

Public utilities. Utility structures including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telecommunications service; and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other utilities may be constructed, erected, repaired, maintained or replaced within any district within the city subject to the provisions and/or conditions contained in other applicable city ordinances. This is not to be construed to include the erection or construction of buildings, towers or electric substations or gas or water pumping or regulator stations. Electric substations and gas or water pumping or regulator stations are special exception uses in all zoning districts of the city.

1.5

Zoning of abandoned right-of-way. Whenever any street, alley or other public way is vacated or abandoned by official action of the city, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of same and all area included therein shall then be subject to all appropriate regulations to the extended district.

1.6

Zoning requirements for moving buildings. Any building or structure which is to be moved to any location within the city limits, shall be considered for the purpose of this appendix to be a new building under construction, and as such shall conform to the applicable provisions of this appendix.

1.7

Access requirements. No primary structure shall be erected on a lot which does not abut on at least one improved street for at least 25 feet or that does not have sufficiently recorded access to an improved street.

1.8

Corner visibility. No fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of three feet and ten feet above street level shall be permitted within the sight triangle of the intersection of the right-of-way lines of two streets or railroads or of a street and a railroad right-of-way line. Accessory structures on a corner lot shall be set back not less than the minimum front yard depth required on the side street.

1.9

Future street lines. Any lot existing at the time of adoption of this appendix or at the time this appendix is hereafter amended, which may be reduced in area by the widening of an existing public street to a future street line or by a future proposed street as indicated on a duly adopted "master plan" as it may from time to time be amended, shall allow sufficient area for the minimum required yards, the minimum required lot area, the minimum required lot width and the maximum building area to be measured by considering the future street line or lines as the lot line of such lot.

1.10

Abatement of noise, lighting, smoke, gas, vibration, fumes, dust, fire, radio interference, explosion hazard or nuisance. The building official may require any use, conforming or nonconforming, which results in unreasonable noise, lighting, smoke, gas, vibration, fumes, dust, fire, radio interference, or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort, and convenience.

1.11

Annexed property. In utilizing the "zone most comparable" approach, any property annexed into the city shall automatically be placed into the city zoning district classification that is most comparable with the zoning classification that had been applied to the property prior to its annexation into the city. At such time as said property is annexed into the city, the appropriate city zoning classification shall be applied to the property and said city zoning classification shall be incorporated into said ordinance annexing said property into the city. When unzoned property is annexed into the city, the city shall begin zoning procedures so that the property may be assigned a classification based on the use of the land when annexed. The zoning procedures will be conducted pursuant to and in accordance with the provisions of article X and state law.

(See appendix A for a listing of zones employed by Jefferson County, along with a list depicting comparable zones utilized by the City of Trussville.)

(Ord. No. 2001-036-PZ, § 1(2), 11-27-01; Ord. No. 2016-004-PZ, § 3, 2-9-16; Ord. No. 2023-004-PZ, 4-25-23)

Within the districts established by this appendix or amendments that may be later adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the article was passed or amended, but which would be prohibited, regulated or restricted under the terms of this appendix or future amendment.

A.

On nonconforming lots or structures which were lawful before the article was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this appendix or future amendment, and where there is not a question of a nonconforming use, relief may be sought from the board of zoning adjustment on dimensional considerations. No nonconforming setback may be further reduced, but the existing nonconforming setback may be extended along the same plane. However, in the Downtown Overlay district, where a maximum front yard setback applies, a nonconforming setback may not be increased though it may be extended along the same plane.

B.

It is the intent of this appendix to permit nonconforming uses of land which were lawful before the article was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this appendix or future amendment, to continue until they are removed, but not to encourage their survival. It is further the intent of this appendix that nonconforming uses of land shall not be enlarged upon, expanded, transferred, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.

2.1

Nonconforming lots of record. Where a lot of record at the time of the effective date of this appendix had less area or less width than herein required for the district in which it is located, said lot may be used as a building site provided the yard space and other requirements conform as closely as possible to the regulations found in the applicable district as determined by the board of zoning adjustment. However, this provision shall not apply when two or more such lots exist with continuous frontage in single ownership at the time of passage of this appendix or any time thereafter. Such land shall be considered to be an undivided parcel for the purpose of this appendix and shall not be used or sold in a manner which creates lot dimensions or area below the requirements stated in this appendix.

2.2

Continuance. A lawful nonconforming use existing at the time of the effective date of this appendix may be continued, except as hereafter provided, although such use does not conform with the provisions of this appendix.

2.3

Change in use. A nonconforming use shall not be changed to another nonconforming use.

2.4

Restoration after damages. A nonconforming building or structure which has been damaged by fire or other causes to the extent of more than 50 percent of its current replacement value at the time of such damage shall not be rebuilt or restored, except in conformity with the provisions of this appendix. If a nonconforming building is damaged less than 50 percent of its current replacement value it may be rebuilt or restored and used as before the damage, provided that such rebuilding or restoration is completed within 12 months of the date of such damage. Moreover, all debris from the damaged structure shall be removed within 90 days from the date of such destruction.

2.5

Restoration to safe condition. Nothing in this appendix shall prevent the restoration of any nonconforming building or structure to a safe or sanitary condition when required by the appropriate authorities.

2.6

Abandonment. A nonconforming use which has been discontinued for a continuous period of six months shall not be re-established and any future use shall be in conformity with the provisions of this appendix.

2.7

Reduction in lot area prohibited. No lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this appendix.

(Ord. No. 2016-004-PZ, § 7, 2-9-16; Ord. No. 2023-004-PZ, 4-25-23)