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Vestavia Hills City Zoning Code

ARTICLE 5.

RESIDENTIAL DISTRICTS

§5.1.- E-2 Residential Estate District.

This district is intended to accommodate detached, single-family dwellings on estate-sized lots.

5.1.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following limitations:

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.1.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.1 shall be observed (See also Article 4 General Regulations):

1.

Only one principal building and its accessory structures may be built on any lot of record, which, at the time of enactment of this Ordinance, is separately owned.

2.

The maximum building height may be increased to three stories, or 45 feet, whichever is less, upon approval of a Special Exception. Such increase in height shall only be permitted upon a favorable recommendation by the Fire Marshal and subject to any conditions required by the Fire Marshal and/or Board, which may include installation of a home fire sprinkler system.

5.1.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements for permitted non-residential uses, see Article 9.

4.

For sign regulations, see Article 11.

Table 5.1 E-2 District Area and Dimensional Regulations
Min. Floor Area
One Story 2,000 sq. ft.
Two Story 2,000 sq. ft.
Min. Total Floor Area 2,000 sq. ft.
Min. Yard Setbacks
 Front 75 ft
 Rear 50 ft
 Side 25 ft
Min. Lot Area 1 acre
Min. Lot Width 150 ft
Max. Building Height (see also §5.1.2.2) 35 ft or 2 ½ stories, whichever is less
Max. Building Area
 On percent of lot 25%

 

(Ord. No. 3099, 6-27-22)

§5.2. - R-1 Low Density Residential District.

The district is intended to accommodate detached, single-family dwellings on large lots together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.2.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following limitations:

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.2.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.2 shall be observed (See also Article 4 General Regulations):

1.

Only one main structure and its accessory buildings may be built on any lot of record, which, at the time of enactment of this Ordinance, is separately owned.

2.

On no lot separately owned shall the aggregate width of required side yards be such that less than 24 feet of the width of the lot be left to build upon after side yard requirements are observed.

3.

The maximum building height may be increased to three stories, or 45 feet, whichever is less, upon approval of a Special Exception. Such increase in height shall only be permitted upon a favorable recommendation by the Fire Marshal and subject to any conditions required by the Fire Marshal and/or Board, which may include installation of a home fire sprinkler system.

5.2.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements for permitted non-residential uses, see Article 9.

4.

For sign regulations, see Article 11.

Table 5.2 R-1 District Area and Dimensional Regulations
Min. Floor Area 2,000 sq. ft.
Min. Yard Setbacks
 Front 60 ft
 Rear 30 ft
 Side 17 ft
Min. Lot Area 20,000 sq. ft.
Min. Lot Width 115 ft
Max. Building Height (see also §5.2.2.3) 35 ft or 2 ½ stories, whichever is less
Max. Building Area
 On percent of lot 30%

 

(Ord. No. 3099, 6-27-22)

§5.3. - R-2 Medium Density Residential District.

This district is intended to accommodate detached, single-family dwellings on moderately-sized lots together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.3.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.3.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.3 shall be observed (See also Article 4 General Regulations):

1.

Only one main structure and its accessory buildings may be built on any lot of record, which, at the time of enactment of this Ordinance, is separately owned.

2.

On no lot separately owned shall the aggregate width of required side yards be such that less than 24 feet of the width of the lot be left to build upon after side yard requirements are observed.

5.3.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements for permitted non-residential uses, see Article 9.

4.

For sign regulations, see Article 11.

Table 5.3 R-2 District Area and Dimensional Regulations
Min. Floor Area 1,600 sq. ft.
in. Yard Setbacks
 Front 50 ft
 Rear 30 ft
 Side 15 ft
Min. Lot Area 15,000 sq. ft.
Min. Lot Width 100 ft
Max. Building Height 35 ft or 2 ½ stories, whichever is less
Max. Building Area
 On percent of lot 30%

 

(Ord. No. 3099, 6-27-22)

§5.4. - R-3 Medium Density Residential District.

This district is intended to accommodate detached, single-family dwellings on moderately-sized lots together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.4.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.4.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.4 shall be observed (See also Article 4 General Regulations):

1.

Only one main structure and its accessory buildings may be built on any lot of record, which, at the time of enactment of this Ordinance, is separately owned.

2.

On no lot separately owned shall the aggregate width of required side yards be such that less than 24 feet of the width of the lot be left to build upon after side yard requirements are observed.

5.4.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements for permitted non-residential uses, see Article 9.

4.

For sign regulations, see Article 11.

Table 5.4 R-3 District Area and Dimensional Regulations
Min. Floor Area 1,400 sq. ft.
Min. Yard Setbacks
 Front 50 ft
 Rear 30 ft
 Side 15 ft
Min. Lot Area 15,000 sq. ft.
Min. Lot Width 100 ft
Max. Building Height 35 ft or 2 ½ stories, whichever is less
Max. Building Area
 On percent of lot 30%

 

(Ord. No. 3099, 6-27-22)

§5.5. - R-4 Medium Density Residential District.

This district is intended to accommodate detached, single-family dwellings on moderately-sized lots together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.5.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.5.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.5 shall be observed (See also Article 4 General Regulations):

1.

Only one main structure and its accessory buildings may be built on any lot of record, which, at the time of enactment of this Ordinance, is separately owned.

2.

On no lot separately owned shall the aggregate width of required side yards be such that less than 24 feet of the width of the lot be left to build upon after side yard requirements are observed.

5.5.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements for permitted non-residential uses, see Article 9.

4.

For sign regulations, see Article 11.

Table 5.5 R-4 District Area and Dimensional Regulations
Min. Floor Area 1,200 sq. ft.
Min. Yard Setbacks
 Front 40 ft
 Rear 25 ft
 Side 10 ft
Min. Lot Area 12,000 sq. ft.
Min. Lot Width 70 ft
Max. Building Height 35 ft or 2 ½ stories, whichever is less
Max. Building Area
 On percent of lot 30%

 

(Ord. No. 3099, 6-27-22)

§5.6. - R-5 Multi-family Residential District.

This district is intended to accommodate multi-family dwellings together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.6.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.6.2. Area and Dimensional Regulations. The area and dimensional regulations set forth in Table 5.6 shall be observed (See also Article 4 General Regulations).

5.6.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

Table 5.6 R-5 District Area and Dimensional Regulations
Min. Living Area per Dwelling Unit 1,000 sq. ft.
Min. Yard Setbacks
 Front 25 ft
 Rear 30 ft
 Side 20 ft
Min. Lot Area 17,500 sq. ft for first 4 units plus 3,500 sq. ft. per additional unit
Max. Building Height 40 ft or 3 stories, whichever is less
Min. Building Group Spacing
 Front-to-front 40 ft
 Front-to-side 30 ft
 Front-to-back 50 ft
 Back-to-back 40 ft
 Side-to-back 30 ft
 Side-to-side 20 ft
 Any other situation 16 ft
Max. Building Area
 On percent of lot 35%

 

(Ord. No. 3099, 6-27-22)

§5.7. - R-6 Zero Lot Line Residential District.

This district is intended to accommodate detached, single-family dwellings on small lots together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.7.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.7.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.7 shall be observed (See also Article 4 General Regulations):

1.

Only one main structure and its accessory buildings may be built on any lot of record, which, at the time of enactment of this Ordinance, is separately owned.

2.

Accessory structures and uses customarily incidental to single family uses are permitted in the rear yard only, subject to §4.4.

5.7.3. Development Standards.

1.

Homes may be attached with patio fence or wall in order to achieve privacy between homes.

2.

For accessory structures, see §4.4.

3.

For parking requirements, see Article 8.

4.

For landscaping requirements for permitted non-residential uses, see Article 9.

5.

For sign regulations, see Article 11.

Table 5.7 R-6 District Area and Dimensional Regulations (Notes)
Min. Floor Area
One story 1,000 sq. ft.
Two story
 first floor 700 sq. ft.
 total 1,100 sq. ft.
Min. Yard Setbacks
 Front 12 ft (1)
 Rear 20 ft
 Side 0/10 ft (2)
Min. Lot Area 4,000 sq. ft.
Min. Lot Width 40 ft
Maxi. Building Height 35 ft or 2 ½ stories, whichever is less
Max. Density 4 DU/acre (3)
Min. Dwelling Spacing
 Front-to-front 40 ft
 Front-to-side 20 ft
 Front-to-back 40 ft
 Back-to-back 40 ft
 Side-to-back 30 ft
 Side-to-side 10 ft
1  Front yard setback shall be measured from the outside edge of the gutter, curb or edge of pavement, or back of sidewalk, where required, whichever is greater, but under no circumstances within the right-of-way of any dedicated street.
2  One side yard with no (zero) setback is permitted, provided however the total of setbacks of both sides shall be at least ten feet. Building separation, in any case, shall comply with City Building and Fire Codes.
3  Included in the calculations shall be all parts of the development including, but not limited to, common areas, streets and public improvements, park areas, etc.

 

(Ord. No. 3099, 6-27-22)

§5.8. - R-7 Duplex and Triplex Residential District.

This district is intended to accommodate detached, single-family dwellings on small lots, duplexes and triplexes together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.8.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.8.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.8 shall be observed (See also Article 4 General Regulations):

1.

Accessory structures and uses are permitted in the rear yard only.

5.8.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements for permitted non-residential uses, see Article 9.

4.

For sign regulations, see Article 11.

5.8.4. Procedures for creating an R-7 District. See §13.4 Amendments.

Table 5.8 R-7 District Area and Dimensional Regulations (Notes)
Min. Floor Area
 One story 1,000 sq. ft.
 Two story
  First floor 700 sq. ft.
  Total 1,100 sq. ft.
Min. Yard Setbacks
 Front 12 ft (1)
 Rear 25 ft
 Side 10 ft
Min. Lot Area 3,750 sq. ft. (2)
Min. Lot Width 40 ft
Max. Building Height 35 ft or 2 ½ stories, whichever is less
Min. Dwelling Spacing
 Front-to-front 40 ft
 Front-to-side 20 ft
 Front-to-back 50 ft
 Back-to-back 40 ft
 Side-to-back 30 ft
 Side-to-side
  Multi-unit 20 ft
  Single-unit 10 ft
Any other situation 16 ft
1  Front yard setback shall be measured from the outside edge of curb or back of sidewalk, where required, but under no circumstances within the right-of-way of any dedicated street.
2  May include common area.

 

(Ord. No. 3099, 6-27-22)

§5.9. - R-8 Townhouse Residential District.

This district is intended to accommodate detached single-family dwellings and townhouses, together with other uses, as may be permitted on appeal, which are compatible with such residential uses.

5.9.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Only low intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.9.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.9 shall be observed (See also Article 4 General Regulations):

1.

That portion of the façade containing a front-loaded garage shall be set back 20 feet from the back of sidewalk. Driveways in front yards shall not take up more than 50 percent of the front yard, as provided. Narrow lots may require rear access.

2.

Customary accessory buildings or structures are permitted provided such use is located in rear yard.

5.9.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

5.

Procedures for creating an R-8 District. See §13.4 Amendments.

Table 5.9 R-8 District Area and Dimensional Regulations (Notes)
Min. Floor Area
One story 1,000 sq. ft.
Two story
 first floor 800 sq. ft.
 total 1,200 sq. ft.
Min. Yard Setbacks
 Front 12 ft (1)
 Rear 20 ft
 Side none
Min. Lot Area 1,250 sq. ft.
Min. Average Lot Area 4,360 sq. ft.
Min. Lot Width 18 ft
Max. Building Height 35 ft or 2 ½ stories, whichever is less
Min. Building Group Spacing
 Front-to-front 40 ft
 Front-to-side 30 ft
 Front-to-back 50 ft
 Back-to-back 40 ft
 Side-to-back 30 ft
Side-to-side 20 ft
 Any other situation 16 ft
1  Front yard setback shall be measured from the back of curb or back of sidewalk, where required, but under no circumstances within the right-of-way of any dedicated street.

 

(Ord. No. 3099, 6-27-22)

§5.10. - R-9 Planned Residential District.

This district is intended to accommodate a range of residential uses, which may be selected from, combined and distributed within a site as is most appropriate to the location, access, context and natural character of the area. The R-9 District also provides for a limited number of non-residential uses, as may be permitted in appeal, which are compatible with residential uses.

5.10.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following limitations:

1.

Only low and medium intensity institutional uses shall be permitted and only by Special Exception per §12.3or as Conditional Uses per §13.3, as indicated in Table 5.

5.10.2. Area and Dimensional Regulations. For the following uses, the area and dimensional regulations set forth for the corresponding district shall be observed (See also Article 4 General Regulations).

1.

Single-family dwellings (E-2, R-1, R-2, R-3, R-4 and R-6)

2.

Townhouse dwellings (R-8)

3.

Duplexes and triplexes (R-7)

5.10.3. Development Standards.

1.

For parking requirements, see Article 8.

2.

For landscaping requirements, see Article 9.

3.

For sign regulations, see Article 11.

5.10.4. Procedures for creating an R-9 District. See §13.4 Amendments.

(Ord. No. 3099, 6-27-22)

§5.11. - RC-1 Residential District.

5.11.1. Use Regulations. See Table 5 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following limitations:

1.

Only low and medium intensity institutional uses shall be permitted and only by Special Exception per §12.3 or as Conditional Uses per §13.3, as indicated in Table 5.

5.11.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 5.11 shall be observed (See also Article 4 General Regulations):

1.

For the purposes of this §5.11, stories shall mean levels of livable floor space, which are all above ground.

5.11.3. Development Standards.

1.

For parking requirements, see Article 8.

2.

For landscaping requirements, see Article 9.

3.

For sign regulations, see Article 11.

Table 5.11 RC-1 District Area and Dimensional Regulations (Notes)
Min. Floor Area
 Average 1,200 sq. ft.
 1-BR unit 800 sq. ft.
 2-BR unit 1,250 sq. ft.
 3-BR unit 1,500 sq. ft.
Min. Yard Setbacks
 Front 30 ft
 Rear 30 ft
 Side 20 ft
Min. Land Size 20,000 sq. ft.
Min. Average Lot Area 4,000 sq. ft. (1)
Max. Building Height 35 ft or 2 ½ stories, whichever is less
Max. Building Area
 On percent of lot 35%
1 Calculation includes common area.

 

Table 5 Use Regulations for Residential Districts
USES/DISTRICTS: E-2 R-1 R-2 R-3 R-4 R-5 R-6 R-7 R-8 R-9 RC-1
RESIDENTIAL
Accessory Dwelling, §7.8 Y
Assisted Living Facility C C
Duplex Y Y Y
Conservation Subdivision, §7.3 Y Y Y Y Y Y
Family Day Care Home, §7.7 Y Y Y Y Y Y
Group Home C C
Home Occupation, §7.1 Y Y Y Y Y Y Y Y Y Y Y
Independent Living Facility Y C
Multi-family dwelling Y Y C
Single-family dwelling, detached Y Y Y Y Y Y Y
Townhouse Y Y Y
Triplex Y C
LODGING
Bed and Breakfast C C C C C C C
INSTITUTIONAL
Day Care Center, §7.7 C
Nursing Home C
Place of Assembly C C C C C C C C C C
Public Facility SE SE SE SE SE SE SE SE SE SE SE
Public Utility Facility SE SE SE SE SE SE SE SE SE SE SE
School, Not-for-Profit C C C C C C C C C C C
School, Public or Private C C C C C C C C C C C
OTHER
Country Club C C C C C C
Parks, Gardens, Playgrounds Y Y Y Y Y Y Y Y Y Y Y
Telecommunications Facilities, §7.9 C C C C C C C C C C C
Y - The use is permitted by right.
L - Permitted by right as limited by district regulations
SE - Special Exception Use, requires approval by BZA (see §12.3). May also be subject to district limitations.
C - Conditional Use, requires approval by the council (see §13.3). May also be subject to district limitations.
A use followed by a numeric cross-reference is subject to Use-Specific Regulations in Article 7.
A blank cell indicates that the use is not permitted.

 

(Ord. No. 3099, 6-27-22)