This article shall officially be titled the "Zoning Ordinance of the City of Tuscaloosa, Alabama," and may be referred to as the "Tuscaloosa Zoning Ordinance," the "zoning ordinance," or "this ordinance."

(Ord. No. 9572, § 2, 12-17-24)

The city council is authorized to adopt this ordinance in accordance with the enabling authority contained in the Code of Ala. 1975, §§ 11-19-1—11-19-24, 11-45-1—11-45-11, 11-52-1—11-52-85, and 41-9-166, and all other relevant laws of the state.

(Ord. No. 9572, § 2, 12-17-24)

The purpose of this ordinance is to promote the public health, safety, and general welfare of the residents of Tuscaloosa, and to implement the goals, objectives, and policies of the comprehensive plan and other city-adopted plans addressing the city's growth and development. This zoning ordinance is enacted to exercise the full range of authority available to the city in accordance with state law to:

a.

Provide for adequate light, air, and open space;

b.

Facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements;

c.

Protect and preserve scenic, historic, or environmentally sensitive areas;

d.

Regulate the form and arrangement of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports, water supply, sanitation, protection against floods, public activities, and other purposes in a way that creates a quality place, increases transportation options for residents, and enhances quality of life of the community;

e.

Facilitate the creation of a sustainable and livable community;

f.

Secure safety from fire, flood, and other dangers;

g.

Facilitate the harmonious, orderly, and continuing development of land within the city that maintains complete neighborhoods and uses the characteristics of traditional neighborhoods;

h.

Encourage economically sound development and use of land within the city;

i.

Ensure an orderly and harmonious display of signs within the community;

j.

Support a downtown that features a vibrant mix of businesses, residences, institutions, and entertainment with distinctive character;

k.

Foster the growth of strategically-located centers of greater intensity of development that integrates a mix of uses and connects with existing developed areas;

l.

Ensure the adequate provision of safe, convenient, and diverse transportation infrastructure within and through new developments, so that development patterns are well-connected and meaningfully support multiple modes of travel;

m.

Support a range of uses along the riverfront in appropriate locations, including conservation of sensitive lands, growth of mixed-use development with high quality architecture, and integration of public open space and recreation networks;

n.

Ensure the provision of high-quality public space through the dedication of land for recreation, education, transportation, and other public purposes;

o.

Facilitate an efficient, transparent, and understandable development review process that balances diverse interests;

p.

Manage student housing growth around the university and throughout the community;

q.

Facilitate, in general, the fiscally-balanced, timely, and orderly development of new areas, and redevelopment of previously developed areas; and

r.

Carry out such other purposes in the public interest as may be specifically cited in this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

a.

Unless stated otherwise in this ordinance, and to the extent allowed by state and federal law, the provisions in this ordinance apply to all development of land within the planning jurisdiction of the city.

b.

Development shall not occur and land shall not be used except in accordance with the requirements of this ordinance and all other applicable city, county, state, and federal laws and regulations.

c.

Unless stated otherwise, the standards and requirements of this ordinance are minimum requirements.

(Ord. No. 9572, § 2, 12-17-24)

This ordinance is intended to ensure that all development within the city's jurisdiction is developed in accordance with the goals, objectives, policies, strategies, and actions of plans adopted by the city that address growth and development.

(Ord. No. 9572, § 2, 12-17-24)

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of any other section, subsection, sentence, clause, or phrase of this ordinance. The city council hereby declares that it would have passed this ordinance and any section, subsection, sentence, clause, and phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid by a court of competent jurisdiction.

(Ord. No. 9572, § 2, 12-17-24)

This ordinance shall become effective on January 1, 2025. It repeals "The Zoning Ordinance of Tuscaloosa" as originally adopted on October 3, 1972 and subsequently amended.

(Ord. No. 9572, § 2, 12-17-24)

a.

If a provision of this ordinance is inconsistent or conflicts with another provision of this ordinance or with a provision found in other adopted ordinances or codes of the city, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

b.

When there is a conflict between an overlay zoning district and an underlying base zoning district, the provisions of the overlay district shall control, unless stated to the contrary. When there is a conflict between provisions of two or more applicable overlay zoning districts, unless otherwise stated in this ordinance, the more restrictive provision controls.

c.

When it is possible to implement, administer, or construe a particular provision of this ordinance in more than one way, it shall be implemented, administered, or construed in a way that eliminates or minimizes conflicts with other ordinance provisions.

(Ord. No. 9572, § 2, 12-17-24)

If the provisions of this ordinance are inconsistent or conflict with the laws or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

(Ord. No. 9572, § 2, 12-17-24)

The city shall not be responsible for monitoring or enforcing easements, covenants, deed restrictions, or other agreements between private parties. Private easements, covenants, and restrictions notwithstanding, all development, unless expressly exempted by this ordinance, shall comply with the minimum requirements of this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

Land subject to this ordinance is divided into various base, planned development, and overlay zoning districts established in article IV, zoning districts. The location and boundaries of the zoning districts shall be shown on a map entitled, "Zoning Map of City of Tuscaloosa, Alabama," which may also be referred to as the "official zoning map." The official zoning map, including all its notations, is incorporated herein by reference and made part of this ordinance. The official zoning map shall be the final authority as to the status of the zoning district classification of land in the city and can be amended in accordance with the procedures and standards of this ordinance. If there is a clerical error on the map, this zoning ordinance shall control.

(Ord. No. 9572, § 2, 12-17-24)

The office of urban development shall keep as a digital file the official zoning map. The most recent approved iteration of the map shall be clearly labeled. A copy of the official zoning map shall be available for inspection by the general public in the office of urban development during normal business hours. Access to a digital document satisfies this requirement.

(Ord. No. 9572, § 2, 12-17-24)

The director of planning is authorized to interpret the exact location of zoning district boundaries shown on the official zoning map in accordance with section 25-46, interpretation. The zoning board of adjustment is authorized to hear appeals of the director of planning's interpretation, in accordance with section 25-45, appeal of administrative decision.

(Ord. No. 9572, § 2, 12-17-24)

Any violation of any provision repealed and replaced by this ordinance (see section 25-7, effective date) shall continue to be a violation under this ordinance unless the development complies with the express terms of this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

a.

Any development application submitted and accepted as complete before January 1, 2025, but still pending final action as of that date, shall be reviewed and decided in accordance with the regulations in effect when the application was accepted as complete. Complete applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the application fails to comply with the required time frames, the application shall expire, and future development shall be subject to the requirements and standards of this ordinance.

b.

To the extent an application reviewed and approved in accordance with subsection a. above, proposes development that does not comply with this ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of article VIII, nonconformities.

c.

An applicant with a pending application accepted as complete before January 1, 2025 may opt to have the proposed development reviewed and decided under the standards of this ordinance by withdrawing the pending application and submitting a new application in accordance with the requirements of this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

Any development approvals granted before January 1, 2025 shall remain valid until their expiration date, unless they are revoked (e.g. for failure to comply with their terms and conditions) or are substantially modified with respect to the character of development or the intent of the approval. Development with valid approvals or permits may be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval. If the approval or permit expires or is revoked (e.g. for failure to comply with the terms and conditions of approval), or is substantially modified with respect to the character of development or the intent of the approval, any subsequent development of the site shall be applied for in accordance with the procedures and standards of this ordinance. To the extent the prior-approval or permit recognized by this section proposes development that does not comply with this ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of article VIII, nonconformities.

(Ord. No. 9572, § 2, 12-17-24)

Any application that is submitted or accepted as complete after January 1, 2025 is subject to the requirements and standards in this ordinance.

(Ord. No. 9572, § 2, 12-17-24)