Table II-1: allowable encroachments into yards, identifies the types of development approvals and permits authorized by this ordinance. It also summarizes the action required by advisory and decision-making bodies for a decision for each type of application. Application-specific review procedures are incorporated into the procedures manual by reference.

Table III-1: Summary Table of Development Review

D: Decision  R: Recommendation  Rv: Review  A: Appeal   _: Public Hearing

Notes:

[1] The procedures for issuance of a certification of appropriateness and certificate of economic hardship are set forth in chapter 20 of this Code.

(Ord. No. 9572, § 2, 12-17-24)

The Tuscaloosa Procedures Manual (hereinafter "procedures manual"), which is incorporated by reference, identifies the powers and duties of the reviewing bodies and officials under the zoning ordinance, including the responsibilities of each with regard to the various types of applications. As appropriate, it also identifies establishment, membership, terms of office, bylaws, and rules of procedure for reviewing bodies.

(Ord. No. 9572, § 2, 12-17-24)

The standard application requirements and procedures for the review of development applications and permits are included in the procedures manual. Not all procedures in the procedures manual are required for every development application. Application-specific review procedures, which can be found in article III, division 2, and the procedures manual, identifies for a specific type of application which standard procedures are required, and whether there are additions or modifications to the standard procedure. Table III-1: summary table of development review, provides a summary of the standard review procedures. A similar figure with applicable changes is provided in the procedures manual for each application specific procedure.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to provide a uniform mechanism for amending the text of this ordinance whenever the public necessity, convenience, general welfare, comprehensive plan, or appropriate land use practices justify or require doing so.

b.

Applicability. Approval of a text amendment in accordance with this section and the procedures manual is required to amend the text of this ordinance.

c.

Procedure for text amendment. An application for a text amendment shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for text amendment. The advisability of amending the text of this ordinance is a matter committed to the legislative discretion of the city council and is not controlled by any one factor. In determining whether to adopt or deny the proposed text amendment, the city council may consider many factors, including but not limited to whether, and the extent to which, the proposed amendment:

1.

Is in accordance with the goals of the comprehensive plan and other applicable plans and planning documents adopted by the city;

2.

Is required by changed conditions;

3.

Addresses a demonstrated community need;

4.

Is consistent with the purpose and intent of the zoning districts in this ordinance, or would improve compatibility among uses and ensure efficient development within the city;

5.

Is consistent with other related state and local laws and regulations;

6.

Would result in a logical and orderly development pattern; and

7.

Would avoid creating significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to provide a uniform mechanism for reviewing and deciding proposed amendments to the official zoning map whenever the public necessity, convenience, general welfare, comprehensive plan, or appropriate land use practices justify or require doing so.

b.

Applicability. Approval of a zoning map amendment in accordance with this section and the application-specific review procedures in the procedures manual, is required to amend the official zoning map, except where the amendment is sought as part of a planned development (see section 25-37, planned development).

c.

Procedure for zoning map amendment. An application for a zoning map amendment shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for zoning map amendment. The advisability of a zoning map amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one factor. In determining whether to adopt or deny a proposed zoning map amendment, the city council may consider many factors, including but not limited to whether, and the extent to which, the proposed amendment:

1.

Is in accordance with the goals and policies of the comprehensive plan and other applicable plans and planning documents adopted by the city;

2.

Would allow a range of uses that are compatible with the uses allowed on other property in the surrounding area;

3.

Would avoid creating an inappropriately isolated district unrelated to adjacent and surrounding districts;

4.

Would result in a logical and orderly development pattern;

5.

Would result in development that can be served by available, adequate, and suitable public facilities (e.g. streets, potable water, sewerage, stormwater management);

6.

Would avoid creating significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; and

7.

Is appropriate due to any changed or changing conditions in the affected area.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. Planned developments are developments that are master planned and developed under unified control. They allow more flexible standards and procedures in order to achieve innovative site design, improved appearance, greater compatibility of uses, increased preservation of natural and scenic features, improved service by community facilities, better functioning of vehicular access and circulation, and otherwise higher-quality development than could be achieved through base zoning district regulations. The purpose of this section is to provide a uniform mechanism for amending the zoning map to establish any of the planned development districts in this ordinance.

b.

Applicability. Approval of a planned development district in accordance with the application-specific review procedures in the procedures manual, including a rezoning to the GPD: general planned development district or the RPD: riverfront planned development district is required to amend the zoning map to establish a planned development district.

c.

Procedure for planned development district. An application for a planned development district shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for planned development. The advisability of adopting a planned development district is a matter committed to the legislative discretion of the city council. In determining whether to adopt or deny a planned development district, the city council may consider the decision-making standards in section 25-36(d), decision-making standards for zoning map amendment. The city council shall find a proposed planned development district complies with the standards for the proposed type of planned development district in article IV, division 7, planned development districts. A subdivision associated with a planned development may be contingent upon a successful rezoning to GPD or RPD, but the approval of the subdivision is decided by the planning and zoning commission.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to provide a uniform mechanism to ensure that conditional uses are appropriate for the location and zoning district where they are proposed. A use is designated as a conditional use in a zoning district where the use may or may not be appropriate, because of the intensity of the use and because of its characteristics and potential impacts on uses permitted by right in the district. Consequently, special individual consideration of the proposed location, design, and methods of operation of the conditional use in accordance with the procedure and standards in this section is required before the use can be deemed appropriate in the district and compatible with its surrounding development.

b.

Applicability. Approval of a conditional use permit in accordance with the procedure and standards in this section and the procedures manual is required prior to the establishment of any use designated as a conditional use in article V, division 2, principal uses, and where specified by other provisions of this ordinance.

c.

Procedure for conditional use. An application for a conditional use permit shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for conditional use permit. The city council may approve a conditional use permit application only upon finding the proposed conditional use complies with all applicable district-specific standards in article V, use regulations, as these standards relate to occupancy, hours of operation, and proximity to similar uses. In addition, the city council may approve a conditional use permit upon review of the following criteria related to the conditional use:

1.

Complies with all applicable standards in article IV, zoning districts;

2.

Complies with all applicable standards in article VI, development standards;

3.

Will not have a substantial adverse impact on vehicular and pedestrian safety;

4.

Is compatible with the character of the surrounding districts and neighborhoods;

5.

Will not have a substantial adverse impact on adjoining properties in terms of noise, lights, glare, vibrations, fumes, odors, litter, or obstruction of air or light; and

6.

A sufficient public safety plan has been provided that ensures the use does not have a substantial adverse impact on public safety or create nuisance conditions detrimental to the public.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism to ensure that special exception uses are appropriate for the location and district where they are proposed. A use is designated as a special exception use in a zoning district where the use may or may not be appropriate, because of its characteristics and potential impacts based on the general development character and uses permitted by right in the district. Consequently, special individual consideration of the proposed location, design, and methods of operation of the special exception use in accordance with the procedure and standards in this section is required before the use can be deemed appropriate in the district and compatible with its surrounding development.

b.

Applicability. Approval of a special exception use permit in accordance with the procedure and standards in this section and the procedures manual is required prior to the establishment of any use designated as a special exception use in article V, use regulations, and where specified by other provisions of this ordinance.

c.

Procedure for special exception use. An application for a special exception use permit shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for special exception use permit. The zoning board of adjustment may approve a special exception use permit application only upon finding the proposed special exception use:

1.

Complies with all applicable district-specific standards in article IV, zoning districts;

2.

Complies with all applicable standards in article V, use regulations;

3.

Complies with all relevant subdivision standards in the subdivision regulations;

4.

Will not have a substantial adverse impact on vehicular and pedestrian safety;

5.

Will not have a substantial adverse impact on vehicular traffic;

6.

Is compatible with the character of surrounding development and the neighborhood;

7.

Will not have a substantial adverse impact on adjoining properties in terms of noise, lights, glare, vibrations, fumes, odors, litter, or obstruction of air or light;

8.

Will not have a substantial adverse impact on the aesthetic character of the area where it is proposed to be located; and

9.

Will not have a substantial adverse impact on public safety or create nuisance conditions detrimental to the public.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism to ensure that new construction in the DHE, D, R, LC, and LMF zoning districts is compatible with adjacent developments and adheres to the zoning requirements of the underlying zoning districts.

b.

Applicability.

1.

Approval of a development plan within a special district is required for all properties zoned DP, DHE, D, R, LC and LMF, except for the following development or activities:

i.

Existing single-family or two-family homes used for residential purposes;

ii.

Ordinary repairs for the purpose of building, signage, lighting or premises maintenance;

iii.

Minor or major construction within the interior of the structure that is not visible from the exterior of the building;

iv.

Removal of existing signage without replacement;

v.

Emergency repairs ordered by the city's code enforcement officials in order to protect health and safety; and,

vi.

All municipal, state or federal buildings for which land acquisition or design has commenced as of January 1, 2025.

2.

For purposes of this section:

i.

Minor development includes smaller-scale projects that have a limited impact on the surrounding area. These projects involve sign permits, minor alterations, repairs, or additions to existing structures that do not alter the existing building's overall square footage by greater than ten (10) per cent.

ii.

Major development includes substantial construction or alteration projects that significantly impact the urban landscape and infrastructure. These projects involve large-scale changes, such as the construction of new buildings, or any expansion greater than ten (10) per cent of an existing structure's square footage.

c.

Procedure for development within a special district. An application or permit for any development within a special district shall be submitted, reviewed, and decided on in accordance with the application-specific procedures in the procedures manual.

d.

Decision-making standards for development within a special district.

1.

Recommendation or approval by architectural review committee.

i.

The architectural review committee may recommend approval of an application for a major development, or provide approval of a minor development within a special district only upon finding that:

(a)

The proposed plan has successfully provided a completed application with supporting documents that the zoning officer has deemed satisfactory. Should any member of the ARC determine the application is incomplete or require further information or elaboration from the developer, they shall notify the developer in writing prior to approving any development plan.

(b)

According to the professional expertise of the members of the architectural review committee, the proposed plan complies with all applicable development standards in the applicable zoning districts.

(c)

The majority of the ARC members vote in favor to approve the development plan. Any denial of a development plan will be supported by a letter stating the reasons for denial as identified by the ARC. Any appeal of a decision made by the ARC is subject to section 25-45, appeal of administrative decision.

2.

Approval by planning and zoning commission.

i.

The planning and zoning commission may approve an application for development only upon finding that the proposed plan:

(a)

Has successfully provided a completed application with supporting documents that the zoning officer has deemed satisfactory. Should the zoning officer determine the application is incomplete or requires further information or elaboration from the developer, they shall notify the developer in writing.

(b)

Complies with all applicable development standards as outlined in section 24-4.5.

(c)

Has been reviewed by and received a recommendation for approval from the architectural review committee.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism to ensure that new construction in areas adjacent to historic districts are compatible with surrounding buildings and structures in the historic districts.

b.

Applicability. An approval letter in any historic districts buffer zones shall be approved in accordance with the procedure and standards in this section and the procedures manual prior to construction of any building or structure in the historic districts buffer zone.

c.

Historic districts buffer zone. The historic districts buffer zone is identified on the official zoning map.

d.

Procedure for approval letter in historic districts buffer zone. An application for an approval letter in historic districts buffer zone shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

e.

Decision-making standards for approval letter in historic districts buffer zone. A request for an approval letter for development in historic districts buffer zone may be approved only upon finding the proposed development:

1.

Is compatible in façade design with the character of the adjacent historic district;

2.

Will not have a substantial adverse impact on the aesthetic character of the area where it is proposed to be located or the buildings and structures in the adjacent historic district; and

3.

Will not have a substantial adverse impact on public safety or create nuisance conditions detrimental to the public.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism for ensuring that the erection and maintenance of signs complies with article VI, division 10, signs and billboards.

b.

Applicability. A sign permit is required prior to the location, construction, erection, posting, attachment, alteration, or repair of a sign, unless such activity is exempted in accordance with section 25-177, sign permit required.

c.

Procedure for sign permits. An application for a sign permit shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for sign permits. The director of planning may approve a sign permit only upon finding the proposed sign complies with all applicable standards in article VI, division 10, signs and billboards.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism to allow variances from specific dimensional standards in this ordinance when the strict application of the standards would result in unnecessary hardship.

b.

Applicability. The procedures and standards of this section and the procedures manual apply to the review of and decision on applications for a variance from the following standards:

1.

The dimensional standards in article IV, zoning districts;

2.

The numerical use-specific standards in article V, use regulations, to the extent the variance does not result in allowing a use that is prohibited in the zoning district; and

3.

The numerical standards in article VI, development standards, except for variance standards to parking standards in historic districts.

c.

Procedure for variance. An application for a variance shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for variance.

1.

A variance may be approved only on finding the applicant demonstrates all of the following:

i.

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

ii.

Those conditions are peculiar to the property and do not generally apply to other property in the vicinity;

iii.

Those conditions are not the result of the landowner's or applicant's own actions;

iv.

Because of those conditions, the application of the standards in this ordinance to the particular piece of property would result in unnecessary hardship to the applicant; and

v.

The variance is the minimum necessary to alleviate that hardship and is consistent with the public interest and with the spirit, purpose, and intent of this ordinance, such that public safety is secured, and substantial justice is achieved.

2.

The following factors do not constitute sufficient grounds for approval of a variance:

i.

A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

ii.

Hardships resulting from factors other than application of standards of this ordinance;

iii.

The fact that land or a structure may be utilized more profitably or be more marketable with a variance permit;

iv.

The citing of other nonconforming or conforming uses of land or structures in the same or other zoning districts; or

v.

Financial hardship.

3.

A variance shall not be approved if the approval would have the effect of:

i.

Allowing the establishment of a use not otherwise permitted in a zoning district;

ii.

Changing the zoning district boundaries shown on the zoning map; or

iii.

Permitting an increase in density allowing more units on a lot than permitted under this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. This section establishes a uniform mechanism for the director of planning to approve minor adjustments from the dimensional or development standards of this ordinance to better accomplish the purposes of this ordinance.

b.

Applicability. An administrative adjustment may be requested in accordance with this section and the procedures manual for the standards identified in table III-2: allowed administrative adjustments, up to the limits set forth in table III-2.

Table III-2: Allowed Administrative Adjustments

c.

Procedure for administrative adjustment. An application for an administrative adjustment shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for administrative adjustment decision. An application for an administrative adjustment may be approved only upon finding the administrative adjustment:

1.

Complies with the requirements of table III-2: allowed administrative adjustments;

2.

Is consistent with the character of development on surrounding land, and is compatible with surrounding land uses;

3.

Either:

i.

Is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;

ii.

Supports an objective or goal from the purpose and intent statements of the zoning district where it is located; or

iii.

Is proposed to save healthy existing trees;

4.

Will not pose a danger to the public health or safety;

5.

Includes measures to mitigate any adverse impacts, to the maximum extent practicable; and

6.

Is not part of a series of multiple, incremental administrative adjustments on the same site that result in a reduction in development standards.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism for appeals of administrative decisions to the zoning board of adjustment.

b.

Applicability. Appeals of administrative decisions are made to the zoning board of adjustment in accordance with the procedures and standards in this section and the procedures manual.

c.

Procedure for appeal of administrative decision. An application for an appeal of an administrative decision shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for appeal of administrative decision. The zoning board of adjustment may modify or reverse the decision on appeal only if it finds, based upon competent and substantial evidence in the record, that there has been a clear and demonstrable error in the application of the facts or the review standards of this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism for rendering a formal written interpretation of this ordinance.

b.

Applicability. The director of planning is responsible for making formal written interpretations of this ordinance, including interpretations of the text of this ordinance and the procedures manual, interpretations of the zoning district boundaries, and interpretations of whether an unlisted use falls within a use category or use type allowed in a zoning district. In making interpretations, the director of planning may seek guidance from the city attorney, and assistance from other city staff, as appropriate.

c.

Procedure for interpretation. An application for an interpretation shall be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for interpretation.

1.

Text provisions. Interpretation of a provision's text and its application shall be based on article II, division 1, general rules for interpretation; article I, division 2, relationship with other laws, covenants, or deeds; and other considerations including, but not limited to, the following:

i.

The plain meaning of the provision's wording, considering any terms specifically defined in article II, definitions and rules for measurement; and the common and accepted usage of terms; and

ii.

The purpose of the provision, as indicated by:

(a)

Any purpose statement in the section(s) where the text is located;

(b)

The provision's context and consistency with surrounding and related provisions;

(c)

Any legislative history related to the provision's adoption;

(d)

The general purposes served by this ordinance, as set forth in section 25-3, general purpose and intent; and

(e)

The comprehensive plan.

2.

Unspecified uses. Interpretation of whether an unspecified use is similar to a use identified in the use tables in article V, use regulations, or is prohibited in a zoning district, shall be based on section 25-98(e), unlisted uses.

3.

Official zoning district boundaries. When determining the location of zoning district boundaries as shown on the zoning map, the following general rules of interpretation shall be used:

i.

District boundaries indicated as approximately following the centerlines of streets, highways, alleys, or other public access ways shall be construed to follow those centerlines.

ii.

District boundaries indicated as approximately following property lines shall be construed as following those property lines. If a subsequent minor adjustment (such as from a court ordered settlement of a boundary dispute or overlap) results in a property line moving ten (10) feet or less, the zoning district boundary shall be interpreted as moving with the property line.

iii.

District boundaries indicated as approximately following city limits shall be construed as following city limits.

iv.

District boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

v.

District boundaries indicated as following centerlines of rivers, streams, or other watercourses shall be construed to follow those centerlines.

vi.

District boundaries indicated as approximately parallel to or extensions of features identified in subsections i. through v. above shall be construed to be parallel to or extensions of such features.

vii.

If the specific location of a depicted boundary cannot be determined from notations on the zoning map or in accordance with subsections i. through vi. above, it shall be determined by using the map's scale to determine the boundary's distance from other features shown on the map.

viii.

Where the actual locations of existing physical or natural features vary from those shown on the zoning map, or in other circumstances not covered by this section, the director of planning shall have the authority to interpret the district boundaries in accordance with this section.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this section is to establish a uniform mechanism for expedited review of certificates of appropriateness for routine maintenance and for minor work.

b.

Applicability. Approval of a certificate of appropriateness for routine maintenance or minor work in accordance with the procedure and standards in this section and the procedures manual is required prior to conducting any routine maintenance or minor work.

c.

Procedure for historic expedited review. An application for historic expedited review be submitted, processed, reviewed, and decided on in accordance with the application-specific review procedures in the procedures manual.

d.

Decision-making standards for historic expedited review.

1.

Routine maintenance. The director of planning may approve a certificate of appropriateness for routine maintenance only upon finding that the applicant demonstrates the proposed work includes only ordinary maintenance or repair to exterior, architectural, or environmental features to correct deterioration, decay, or damage, and does not involve a material change in design, material, or outer appearance.

2.

Minor work. The director of planning may approve a certificate of appropriateness for minor work only upon finding that the applicant demonstrates the proposed work is included among those projects listed in the appendix in the minor work category of the historic preservation commission design guidelines, and meets all relevant policies and standards adopted by the historic preservation commission.

(Ord. No. 9572, § 2, 12-17-24)