1.1

Land use compliance. Unless specifically provided elsewhere in this ordinance, no building, structure, or parcel of land shall hereafter be used or occupied and no building, structure, or part thereof shall be erected, converted, moved, or altered except for a use permitted within the zoning district in which it is located. Any use that is not specifically listed as a permitted use or a special exception within the applicable zoning district shall be prohibited, unless authorized by the Board of Adjustment as a new use under the provisions of article V, section 4 of this ordinance.

1.2

Exception for utility transmission poles and lines. 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 telephone, telegraph, cable, or fiber optic service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other fluids, may be constructed, erected, repaired, maintained or replaced within the City of Weaver. This exception is not to be construed to include the erection or construction of buildings or electric substations.

1.3

Exception for railroad tracks and equipment. Railroad facilities, including main line tracks, switching spurs, control signals, poles, and wires or similar facilities (but not yards or service facilities) needed for train operations, may be constructed, repaired, maintained, or replaced in any district. However, all other associated structures and uses, such as terminals (including passenger or freight stations), team tracks, equipment/repair sheds, and storage yards shall be permitted only in the M-1 zoning district.

It is the intent of this ordinance that no more than one principal use structure shall be located on any single lot of record, plus any permitted accessory structures. Unless specifically provided elsewhere in this ordinance, accessory structures shall not include functionally independent living quarters.

3.1

Height of structures. In each district, each structure hereafter erected or altered shall not exceed the height limits specified in this ordinance. Height limitations shall not apply to church steeples, barns, silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers and all such structures that are specifically exempted from local zoning regulations by applicable federal law, cooling towers, water tanks, and similar structures not intended for human occupancy.

3.2

Intensity of use. Each building and lot shall not be used or occupied hereafter by more families or for a higher intensity of use than permitted in the zoning district in which it is located.

4.1

In residential districts. Accessory structures in residential districts or the agricultural district, or any lot used primarily for residential purposes, shall conform to the following regulations:

A.

Accessory structures (with the exception of a fully enclosed garage) shall be permitted in the rear yard only. Accessory structures shall not exceed the height of the principal use structure, shall not cover more than 30 percent of the rear yard, and shall be located at least five feet from all lot lines.

B.

A fully enclosed garage that is not attached to the principal building by a breezeway, passageway, or similar means shall be permitted within the side yard, provided that no portion of the garage structure shall protrude into the front yard and provided that the siting of the garage shall comply with all applicable side yard setbacks.

C.

When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is attached.

4.2

In nonresidential districts. On any lot within a nonresidential zoning district that shares a side lot line with a lot in a residential zoning district, no part of any accessory structure shall be located within 50 feet of the common property line, nor shall any part of such accessory structure shall be located within 60 feet of the front lot line.

4.3

Minimum separation. Except as herein provided, no accessory building shall be located closer than five feet to a lot line, nor closer than ten feet to a principal building or to any other accessory building on the same lot.

4.4

Timing of placement. No accessory structure shall be placed or erected on a lot of record before construction or placement of a permitted principal use structure. This provision shall not be interpreted in a manner that would prohibit the placement of a permitted temporary use structure during the construction or reconstruction of a permitted principal use structure.

5.1

Minimum lot size. All lots created after the effective date of this ordinance shall comply with the minimum lot size requirements for the zoning district within which they are located.

5.2

Yard reduction. Except as herein provided, no lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this ordinance.

5.3

Minimum frontage. All lots shall have a minimum frontage of not less than 40 feet along a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards. The minimum required frontage shall be reduced to 30 feet for lots fronting on the turn-about at the end of a permanent cul-de-sac.

5.4

Minimum lot width-to-length ratio. No part of any lot shall be narrower than one foot for each five feet of length as measured along the longest side boundary of the lot.

6.1

Required yards and open spaces. In each district, each structure hereafter erected or altered shall be provided with the yards specified, and shall be on a lot of the area and width specified in this ordinance. No open space or lot required for a building or structure shall, during its life, be occupied by or counted as open space for another building or structure. Except as hereafter provided, no yard or other open space provided, nor the off-street parking and loading spaces required, about any building for the purpose of complying with the regulations of this ordinance shall hereafter be included as a part of a yard or other open space, or the off-street parking or loading spaces, for any other building.

6.2

Yards and open spaces on substandard lots. Where the owner of a property, at the time of adoption of this ordinance, has a lot or lots of official record which are substandard to the requirements of the district in which they are located according to this ordinance, the building and its accessory structures may be built, provided:

A.

The yard space and other requirements conform as closely as possible, in the opinion of the board of adjustment, to the requirements of the district in which the property is located.

B.

That neither side yard shall be reduced to less than five feet.

C.

No building shall be required to set back more than the average of the front yard setbacks of the existing residences within 100 feet each side thereof, but in no case shall the front yard setback of any building hereafter erected or altered be less than ten feet from the street right-of-way line.

6.3

Swimming pools. In a residence district, no required yard except the rear yard shall be used for the location of a private swimming pool, and if constructed, said pool shall be enclosed by a fence of not less than four feet in height, provided that the owner of any existing pool shall be allowed a period of six months from the effective date of this ordinance in which to provide a fence for such pool as herein required. No accessory mechanical equipment or portion of a pool shall be within ten feet of any lot line.

7.1

Properties abutting existing improved public streets. When any required yard abuts a street or roadway with an existing public street right-of-way of 40 feet or more, the setback shall be the standard setback required in that zoning district. The setback shall be measured from the property line.

7.2

Properties abutting dedicated rights-of-way. When any required yard abuts a public or private street or roadway with a dedicated right-of-way of less than 40 feet, the setback shall be not less than 25 feet, plus any additional setback required by the minimum dimensional requirements for the applicable zoning district. The setback shall be measured from the centerline of the existing improved roadway. If no improved roadway has been constructed within the right-of-way, then the 25-foot setback shall be measured from the centerline of the dedicated right-of-way.

7.3

Properties abutting street or roadways without dedicated rights-of-way. When any required yard abuts a public or private street or roadway without a dedicated right-of-way, the setback shall be not less than 25 feet, plus any additional setback required by the minimum dimensional requirements for the applicable zoning district. The setback shall be measured from the centerline of the existing improved street or roadway.

On lots having frontage on more than one street, the side or rear yard setback along the secondary street shall not be less than the required front yard setback for the applicable zoning district.

No building for human occupancy shall be erected without unrestricted vehicular access to a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards.

10.1

Height on residential properties. Fences or walls may be erected, placed, maintained, or grown along a side or rear lot line on residentially zoned property, or adjacent thereto, to a height not exceeding six feet above the ground. Fences or walls located in a required front yard shall not exceed a height of four feet, except as required to provide a retaining wall. No fences or walls may be erected, placed, maintained, or grown on any right-of-way, and shall not obstruct or limit the view of traffic or impede traffic flow. Where such lot line is adjacent to a non-residentially-zoned property, fences and walls may be maintained at a height not exceeding eight feet.

10.2

Height on nonresidential properties. No fence or wall erected, placed, maintained, or grown along a lot line on any non-residentially-zoned property shall exceed a height of 6.5 feet, except as may be required to construct a retaining wall.

10.3

Prohibited materials. Barbed wire or razor wire shall not be used as fencing for any residential property.

(Ord. No. 2004-06, 10-26-2004)

On any corner lot, nothing shall be erected, placed, or grown in such a manner as to limit or obstruct traffic visibility at the street intersection. A clear sight triangle shall be maintained upon such lot, such sight triangle beginning at the intersection of the two lot lines along the street and running along each lot line for 25 feet; the third leg of the triangle is formed by connecting the other two legs of the triangle. Within such sight triangle, nothing shall be erected, placed, or grown.

(Ord. No. 2004-06, 10-26-2004)

Stormwater runoff from construction sites and urban development is a significant source of surface water contamination. Since the clean ground and surface waters are important economic resources to Weaver, new development and construction activity must be designed to minimize on-site erosion and the resulting sedimentation of off-site water resources that can be generated by stormwater runoff. Therefore, no final inspection of a development site shall be conducted by the city until the developer has complied with all applicable requirements of this section. The city may request assistance from the natural resource conservation district or other qualified experts in evaluating the applicant's proposed measures to comply with these requirements.

12.1

Exempt activities. The following activities shall be exempt from these stormwater management requirements:

A.

Minor land disturbing activities normally associated with single-family uses, such as home gardens, landscaping, building repairs or alterations, swimming pool installation, or other related, low-impact activities.

B.

Construction of a single-family dwelling on an individual lot and the installation or replacement of a manufactured home.

C.

Agricultural practices or the construction of farm buildings, when conducted in full compliance with all applicable best management practices.

D.

Private and commercial forestry activities, when conducted in full compliance with all applicable best management practices.

12.2

ADEM permit required. It shall be the developer's responsibility to secure compliance with all applicable Alabama Department of Environmental Management (ADEM) Construction Stormwater Management Administrative Code rules, as amended, and/or any applicable ADEM construction site permit requirements, which are designed to prevent/minimize, to the maximum extent practicable, the discharge of sediment and other pollutants in construction stormwater runoff to ensure the protection of water quality in accordance with applicable federal and state law. Applicants subject to this requirement shall provide evidence that a stormwater discharge permit has been issued by ADEM prior to the issuance of a zoning permit by the enforcement officer.

12.3

Tie-in required. All proposed drainage improvements shall tie into any existing man-made or natural drainageways along the existing public streets adjoining the development site. Under no conditions shall stormwater drainage be emptied into the sanitary sewer system or vice-versa.

12.4

Basic guidelines. Stormwater management measures shall be designed in accordance with all applicable best management practices for the proposed type of construction activity. Appropriate short-term (during construction) and long-term (after construction is complete) measures shall be applied to minimize potential erosion of disturbed soils on the development site. All slopes on the development site in excess of ten percent grade shall be permanently stabilized through the use of natural vegetation (preferably native vegetation), retaining walls, terracing, or a combination, as may be appropriate. Development sites which will contain more than 20,000 square feet of impervious surfaces or upon which more than 50 percent of the total lot area will consist of impervious surfaces shall contain adequate stormwater management facilities (detention or retention basins, drainage ways, storm drains, etc.) to accommodate on-site and safely release or transmit the runoff that would be generated by a 25-year storm event, without causing an increase or surge in the volume and velocity of off-site peak stormwater runoff over the pre-development state.

12.5

Creative and innovative polluted runoff management practices. Where feasible and appropriate, proposed developments may incorporate creative and innovative design to minimize the impacts of polluted runoff on the environment. Such design features may include, but are not limited to, undisturbed natural buffers between impervious surfaces and adjoining streams and drainageways, maximum retention of existing mature trees on building lots, the use of seeded shallow "V" drainage swales (with stabilized cut slopes not to exceed a ten percent grade) rather than concrete curb and gutter, the use of porous pavement surfaces for parking lots, service roads, alleys, and cul-de-sacs, the use of crushed gravel or turf parking areas for small parking lots or spillover parking areas, and the creation of wetlands for stormwater detention and retention, and other practices as may be appropriate to address on-site stormwater drainage needs. Such creative and innovative design features should be used in the following development settings:

A.

Where they will be compatible with existing off-site stormwater management infrastructure improvements serving the drainage basin; and

B.

Where appropriate to adequately and safely accommodate the stormwater runoff that would be generated by the proposed level of impervious surfaces without the need for excessive perpetual maintenance.

12.6

Lot drainage standards. The following design requirements for lot drainage shall be satisfied in each stormwater management plan:

A.

A positive slope of finish grade shall be provided around each structure to direct water away from all foundations, slabs, or footings;

B.

Side lot swales shall be utilized, as necessary, to direct lot drainage into public drainage improvements or easements;

C.

Roof drains shall be utilized to prevent soil erosion and to prevent the accumulation of stormwater runoff along structure foundations and footings. Such drains shall be directed away from structures and into swales or other drainage facilities;

D.

Driveway culvert pipe shall be the proper size to safely transmit design storm event drainage waters. The inside diameter of such culvert pipe shall be at least 15 inches, and shall consist of either metal pipe or a class three concrete pipe;

E.

All driveway and service drive piping shall be installed on an appropriate grade to prevent standing water.

12.7

Erosion and sediment control. The following erosion and sediment control measures shall be observed for the construction and maintenance of all stormwater management facilities:

A.

Roadside ditches, swales, and embankments within each dedicated right-of-way or drainage easement shall be properly stabilized in accordance with applicable best management practices to prevent excessive erosion from cut slopes;

B.

It shall the developer's responsibility to provide the necessary measures to ensure that clearing, grubbing, grading, landscaping, and other construction activities do not adversely affect the drainage structures that are essential to overall stormwater management and control;

C.

It shall be the developer's responsibility to ensure proper implementation, regular inspection, and continual maintenance of effective best management practices for construction site erosion and sediment control;

D.

It shall be the developer's responsibility to promptly remove and/or remediate, to the extent practicable, any off-site sediment from the development site that is washed or deposited into municipal stormwater drainage facilities.

12.8

Stormwater management on privately owned common open space lands. Where any stormwater management improvements are to be constructed on common open space lands within the development, such improvements shall be subject to special maintenance provisions as required in article IV, section 10 (common open space requirements) of this ordinance. The City of Weaver shall assume no responsibility or liability for the continued, maintenance, improvement, or repair of privately owned stormwater management facilities.