Wetumpka City Zoning Code
ARTICLE VI.
USE DISTRICT REGULATIONS
Sec. 86-151.- Generally.
Each of the use districts as defined and established in article II shall be subject to specific regulations regarding uses permitted, uses permitted by special exception, conditional uses, uses subject to review, uses not permitted, required lot area and width, yard setbacks, and maximum building height.
(1)
Use limitations. Although a use may be permitted according to specified procedures in a particular district, such use may not necessarily be permitted on every parcel of land in the district. A use may be permitted only if it can meet all of the standards of this article and other applicable codes, ordinances and regulations.
(2)
Classification of uses. This article recognizes the limitations of a finite listing of use classifications as utilized in section 86-153. Therefore, the building inspector is empowered to make interpretations so as to classify any questioned use within a use classification of most similar impact and characteristics. Appeals of such interpretations may be made to the board of adjustment per section 86-273(2).
(3)
Unclassified uses. In the event the building inspector receives application for permitting of a use that is not listed or that cannot appropriately fit a use listed in section 86-153, the following procedure shall apply:
a.
If compatible with the existing use district intent, the unclassified use may be permitted as a special exception by the board of adjustment pursuant to section 86-273(4).
b.
If the unclassified use would not be compatible with the intent of the existing use district, the building inspector shall make a determination of the most appropriate use district, and require the applicant have the property rezoned, and special exception granted by the board of adjustment pursuant to section 86-273(4) before granting approval.
c.
Following final action on the unclassified use per above paragraphs, the planning board may initiate an amendment to this article to list the newly permitted use in the most appropriate district(s).
(4)
Accessory and combined uses. Unless otherwise prohibited by this article, more than one permitted use may be combined on a lot if all of the combined uses are commonly associated with and integrally related to one another and if all zoning regulations for each of the combined uses shall be met.
Whenever a use or activity, which may or may not be separately listed as a permitted use, is conducted in conjunction with a listed permitted use as an incidental or insubstantial part of the total activity on a lot, the incidental activity shall be permitted as an accessory use if the combined uses are commonly associated with and integrally related to one another.
For this purpose of this section, commonly associated means that the association of such combined uses takes place with sufficient frequency that there is common community acceptance of their relatedness.
Sec. 86-152. - District area, yard, height, and setback regulations.
The following regulations govern the minimum lot size, minimum lot width at building line, yard setback, and height for each district, subject to section 86-154, Supplemental Use Regulations; section 86-211, Front Yard Setback Modifications; section 86-213, Height Limitations; and section 86-215, Mobile Home Parks.
| Requirements | Use Districts | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| R1 | R2 | R2.6 | R3 | R4 | R5 | B1 | B2/B4 | B3 | M1 | M2 | RH | |
| Density | Low | Low | Med | Med | High | High | Gen. | Local | CBD | Lt | Hvy | Ag |
| Min Lot Size - sf | 14,000 | 10,000 | 7,200 | 7,200 [a] | 6,000 [b] | 7,500 | [d] | [d] | [c] | [d] | [d] | 43,560 |
| Min Lot Width - ft | 100 | 75 | 60 | 50 | 50 | 50 | [d] | [d] | [c] | [d] | [d] | [d] |
| Front Yard Setback - ft | 35 | 20 | 20 | 20 | 20 | 25 | 0[i] | 20 | 0[f] | 40 | 40 | 40 |
| Rear Yard Setback - ft | ||||||||||||
| Main Structure | 30 | 30 | 20 | 15 | 15 | 25 | 0[i] | 20 | n/a | 20 | 50 | 50 |
| Acc. Structure | 10 | 10 | 10 | 5 | 5 | 10 | 0[i] | 10 | n/a | 10 | 10 | 10 |
| Side Yard Setback - ft | 12 | 10[h] | 10[h] | 8/5 | 8/5 | 10 | 0[i] | 20/10 [g] | 0[f] | 30/10 [g] | 40/10 [g] | 10 |
| Max Bldg Height - ft | 35 | 35 | 35 | 35 | 45 | 15 | 45 | 45/75* | 50 | 35 | 45 | 35 |
| Max Story | 2 | 2 | 2 | 2 | 3 | 1 | 2 | 2 | 3 | 2 | 3 | 2 |
*Buildings exceeding 45 feet in height will require conditional use approval through the Wetumpka Planning Commission and City Council.
[a]
Except for dwellings listed in section 86-154 (accessory dwelling, patio/garden home, townhouse, and multiplex).
[b]
Except for dwellings listed in section 86-154 (accessory dwelling, patio/garden home, townhouse, multiplex, and apartment).
[c]
Lots must be of sufficient size to provide adequate space required for the normal operation of the uses permitted.
[d]
Lots must be of sufficient size to provide adequate parking and loading space as outlined in sections 86-122(1)—(6), in addition to the space required for the other normal operation of the uses permitted.
[f]
No setback — the property line is a required build-to line.
[g]
Adjacent to a residential district only, the wider distance will prevail.
[h]
On corner lots this distance shall be doubled.
[i]
No minimum yard requirement; however, lots must still provide required landscaping and comply with section 86-211 and all requirements of applicable building and fire codes.
(Ord. No. 99-4, § 61.0, 8-16-1999; Ord. No. 2013-9, § 1(2), 6-17-2013; Ord. No. 2019-5, 4-1-2019)
Sec. 86-153. - Uses allowed.
Uses allowed in each district are determined from Table 6-1, Chart of Uses Allowed. Categories for each use are:
Permitted (Y). Allowed as of right; applicant need only submit the necessary plans for review to the building inspector.
Special exception (E). Use is subject to review and decision by the board of adjustment in accordance with section 86-276 of this chapter.
Conditional use (C). Use is subject to review by the planning board and decision by the city council in accordance with section 86-245 of this chapter.
Statutory review (R). Use is subject to review by the planning board and decision by the City Council in accordance with section 11-52-11 of the Code of Alabama, 1975, as amended, and section 86-246 of this chapter.
Not permitted (N). Use not allowed in this district.
Subject to supplemental use district regulations (*) in accordance with section 86-154 of this chapter.
TABLE 6-1: CHART OF USES ALLOWED
| Zoning Districts | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| R1 | R2 2.6 | R3 | R4 | R5 | B1 | B2 | B3 | B4 | M1 | M2 | RH | |
| RESIDENTIAL USES: | ||||||||||||
| Single-Family Dwelling | Y | Y | Y | Y | Y | N | N | N | Y | N | N | Y |
| Patio Home* | N | E | Y | Y | Y | N | N | N | Y | N | N | N |
| Duplex | N | C | Y | Y | Y | N | N | N | C | N | N | N |
| Townhouse* | N | N | Y | Y | Y | N | N | N | C | N | N | N |
| Multiplex* | N | N | Y | Y | Y | N | N | N | N | N | N | N |
| Apartments* | N | N | N | Y | Y | E | E | E | N | N | N | N |
| Upper Story Apartments | N | N | N | N | N | N | Y | Y | C | N | N | N |
| Accessory Dwelling* | E | E | E | E | E | N | N | N | N | N | N | N |
| Combination Dwelling | N | N | N | N | N | Y | Y | Y | Y | E | E | N |
| Emergency Care Home | N | N | E | E | E | N | N | N | N | N | N | E |
| Family Care Home | N | N | E | E | E | N | N | N | N | N | N | E |
| Mobile Home Park | N | N | N | N | Y | N | N | N | N | N | N | C |
| Assisted Living Facility | N | N | N | C | Y | Y | Y | N | N | N | N | Y |
| INSTITUTIONAL USES: | ||||||||||||
| Airport | N | N | N | N | N | N | N | N | N | C | C | C |
| Animal Shelter | N | N | N | N | N | Y | E | N | N | N | N | Y |
| Assisted Living Facility | N | N | N | N | N | Y | Y | N | N | N | N | Y |
| Cemetery | N | N | N | N | N | E | N | N | N | N | N | Y |
| Community Center | N | E | E | Y | Y | Y | Y | Y | C | N | N | Y |
| Community Service Club | N | N | N | N | N | E | E | E | N | N | N | C |
| Day Care Center | N | N | N | N | N | E | Y | Y | C | E | E | C |
| Day Care Home | E | E | E | E | E | N | N | N | C | N | N | E |
| Heliport | N | N | N | N | N | C | C | N | N | Y | Y | C |
| Home Instruction | E | E | E | E | E | N | N | N | E | N | N | E |
| Hospital | N | N | N | N | N | Y | Y | Y | N | E | N | Y |
| Nursing Care Facility | N | N | N | N | N | Y | Y | N | N | N | N | Y |
| Place of Worship | Y | Y | Y | Y | Y | Y | Y | Y | Y | N | N | Y |
| Public Assembly Center | N | N | N | N | N | R | R | R | N | N | N | R |
| Public Facility | R | R | R | R | R | R | R | R | R | R | R | R |
| Public Utility Facility | R | R | R | R | R | R | R | R | R | R | R | R |
| Rehabilitation Facility | N | N | N | N | N | Y | E | N | N | N | N | C |
| School | R | R | R | R | R | R | R | R | R | N | N | R |
| COMMERCIAL USES: | ||||||||||||
| Animal Hospital | N | N | N | N | N | Y | Y | N | N | N | N | Y |
| Bank/Financial Service | N | N | N | N | N | Y | Y | Y | C | Y | Y | N |
| Broadcast Studio | N | N | N | N | N | Y | Y | Y | N | N | N | N |
| Business/Professional Off. | N | N | N | N | N | Y | Y | Y | Y | Y | Y | N |
| Business Support Service | N | N | N | N | N | Y | Y | Y | Y | Y | Y | N |
| Car Wash | N | N | N | N | N | Y | Y | E | C | E | E | N |
| Commercial School | N | N | N | N | N | Y | Y | Y | N | E | E | N |
| Convenience Store | N | N | N | N | N | Y | Y | Y | C | N | N | N |
| Deferred Presentment Service* | N | N | N | N | N | Y | N | N | N | N | N | N |
| Entertainment, Indoor | N | N | N | N | N | Y | Y | E | N | N | N | C |
| Entertainment, Outdoor | N | N | N | N | N | E | E | N | N | N | N | C |
| Farm Support Business | N | N | N | N | N | Y | Y | N | N | E | N | Y |
| Garden Center, Nursery | N | N | N | N | N | Y | Y | N | N | N | N | Y |
| General Retail, Enclosed | N | N | N | N | N | Y | Y | Y | C | N | N | N |
| General Retail, Unenclosed | N | N | N | N | N | E | E | E | N | N | N | N |
| Funeral Home | N | N | N | N | N | Y | Y | Y | N | N | N | C |
| Home Occupation | E | E | E | E | E | N | N | E | E | N | N | E |
| Home Improvement Center | N | N | N | N | N | Y | Y | N | N | N | N | N |
| Hotel | N | N | N | N | N | Y | Y | Y | N | N | N | N |
| Laundry Service | N | N | N | N | N | Y | Y | N | N | Y | N | N |
| Liquor Lounge | N | N | N | N | N | Y | Y | Y | N | N | N | N |
| Livestock Sales | N | N | N | N | N | N | N | N | N | N | N | Y |
| Medical Clinic | N | N | N | E | E | Y | Y | Y | N | N | N | Y |
| Medical Support Service | N | N | N | N | N | Y | Y | Y | N | N | N | Y |
| Mini-Warehouse | N | N | N | N | N | Y | Y | N | N | E | N | N |
| Motel/ Transient Lodging | N | N | N | N | N | Y | Y | E | E | N | N | C |
| Open-Air Market | N | N | N | N | N | E | E | E | N | N | N | C |
| Pawnshop* | N | N | N | N | N | Y | N | N | N | N | N | N |
| Personal Service | N | N | N | N | N | Y | Y | Y | Y | N | N | N |
| Recreation, Indoor | N | N | N | N | N | Y | Y | Y | N | N | N | C |
| Recreation, Outdoor | N | N | N | N | N | Y | Y | E | N | N | N | C |
| Recreational Vehicle Park | N | N | N | N | N | Y | N | N | N | N | N | C |
| Restaurant, Standard | N | N | N | N | N | Y | Y | Y | C | N | N | N |
| Restaurant, Fast Food | N | N | N | N | N | Y | Y | Y | N | N | N | N |
| Restaurant, Take-Out Only | N | N | N | N | N | Y | Y | Y | N | N | N | N |
| Rooming/Boarding House | N | E | E | E | E | Y | Y | Y | N | N | N | Y |
| Sexually Oriented Establishment* | N | N | N | N | N | Y | N | N | N | N | N | N |
| Shopping Center, Major | N | N | N | N | N | Y | Y | N | N | N | N | N |
| Shopping Center, Minor | N | N | N | N | N | Y | Y | N | N | N | N | N |
| Studio | N | N | N | N | N | Y | Y | Y | Y | E | N | N |
| Tourist Home/Bed & Breakfast | E | E | E | E | E | N | N | N | N | N | N | Y |
| Vehicle Repair Service | N | N | N | N | N | Y | Y | E | N | N | N | N |
| Vehicle Sale Or Rental | N | N | N | N | N | Y | Y | E | N | N | N | N |
| Vehicle Service Station | N | N | N | N | N | Y | Y | Y | N | N | N | N |
| INDUSTRIAL USES: | ||||||||||||
| Construction Service | N | N | N | N | N | Y | Y | N | N | Y | Y | N |
| Heavy Industry | N | N | N | N | N | N | N | N | N | N | Y | N |
| Maintenance Service | N | N | N | N | N | Y | Y | Y | N | Y | Y | N |
| Manufacturing, General | N | N | N | N | N | N | N | N | N | Y | Y | N |
| Manufacturing, Light | N | N | N | N | N | Y | Y | N | N | Y | Y | N |
| Research Lab | N | N | N | N | N | E | E | N | N | Y | Y | N |
| Resource Extraction | N | N | N | N | N | N | N | N | N | N | N | C |
| Salvage Yard | N | N | N | N | N | N | N | N | N | C | C | N |
| Sanitary Landfill | N | N | N | N | N | N | N | N | N | N | N | R |
| Transmission Tower | R | R | R | R | R | R | R | R | R | R | R | R |
| Vehicle/Equip Repair, Major | N | N | N | N | N | Y | E | N | N | Y | Y | N |
| Vehicle/Equip Sales, Major | N | N | N | N | N | Y | E | N | N | Y | N | N |
| Wholesale, Storage, Enclosed | N | N | N | N | N | Y | Y | N | N | Y | Y | N |
| Wholesale, Storage, Unenclosed | N | N | N | N | N | N | N | N | N | Y | Y | N |
| AGRICULTURAL USES: | ||||||||||||
| Farm | N | N | N | N | N | N | N | N | N | N | N | Y |
| Forestry | N | N | N | N | N | N | N | N | N | N | N | Y |
| Hobby Farm | N | N | N | N | N | N | N | N | N | N | N | Y |
| Kennel | N | N | N | N | N | Y | C | N | N | N | N | C |
(Ord. No. 99-4, § 62.0, 8-16-1999; Ord. No. 2013-9, § 1(3), 6-17-2013; Ord. No. 2014-3, § 2, 3-17-2014; Ord. No. 2018-7, § 1, 8-20-2018; Ord. No. 2021-3, § 2, 8-2-2021)
Sec. 86-154. - Supplemental use regulations.
The uses identified in section 86-153 as subject to supplemental use regulations, namely patio/garden homes, townhouses, multiplexes, apartments, accessory dwellings, and combination dwellings, shall comply with the following requirements.
| Requirements | Supplemental Use Districts | |||
|---|---|---|---|---|
| Patio/Garden | Townhouse | Multiplex | Apartment | |
| Minimum Site Area-sf | 4,000 | 10,000 | 14,000 | 1 acre |
| Minimum Lot Size-sf | 4,000 | 2,000 | 14,000 | n/a |
| Maximum Density-units per ac. | n/a | n/a | n/a | 18 |
| Max Units Per Bldg | n/a |
12
6 w/o 3' setback | 4 | |
| Minimum Lot Width-ft | 40 | 20 | 70 | 60 |
| Front Yard Setback-ft | 20 | 20 | 20 | 20 |
| Rear Yard Setback-ft | ||||
| Main Structure | 15 | 10 | 20 | 20 |
| Accessory Structure | 5 | 5 | 5 | 5 |
| Side Yard Setback-ft | 10/0 | 10 at end unit | 10 | 10 |
| Max Bldg Height-ft | 35 | 35 | 35 | 45 |
| Max Story | 2 | 2 | 1 | 3 |
NOTES:
Patio/Garden Homes
1.
No more than two contiguous patio/garden homes shall be connected.
2.
If 0' lot line construction is utilized, a 30 inch easement shall be required on adjacent lot to facilitate maintenance. All architectural overhangs or decorative features shall be restricted to 18 inches.
3.
Privacy fencing shall be required at front wall of structure and rear, but shall not block drainage or restrict access for fire protection. The maximum fence height shall be eight feet.
4.
Side yard requirement shall be 15 feet at end units abutting a street.
5.
Each patio/garden home shall have on its own lot with one yard containing no less than 400 square feet, exclusive of driveway and/or parking.
Townhouses
1.
No more than six contiguous townhouses shall be built in a row with same front line; and, no more than 12 townhouses shall be built contiguous. For groups of townhouses of more than six units, the required difference in the front line shall be a minimum of three feet.
2.
All end units shall have a minimum side yard of ten feet. No building complex shall be closer than 20 feet to any other structure.
Apartments
1.
A distance of at least 15 feet shall be required between all apartment unit buildings.
2.
All apartment buildings shall be set back a minimum of ten feet from all parking areas and street.
3.
At least ten percent of the site area, but not less than 2,000 square feet, shall be improved for recreational use of the residents, exclusive of parking, drives and sidewalks.
4.
Parking must meet the requirements of section 86-122 of this chapter.
(1)
Accessory dwelling. Occupancy of the accessory dwelling shall be limited to household servants or immediate family members of the resident of the principal dwelling. Immediate family member shall include only a person who is a naturally or legally defined offspring, spouse, parent, grandparent, sibling, aunt, or uncle.
The floor area of the accessory dwelling shall be at least 300 square feet and shall not exceed 25 percent of the floor area of the principal dwelling.
If attached to the principal dwelling, the accessory dwelling shall maintain the appearance of the principal dwelling, and shall not create additional entrances toward the front of the property.
If detached from the principal dwelling, the accessory dwelling shall be limited to the rear of the principal dwelling or within the upper floor of a garage, and shall be so placed as to avoid objectionable views from the street and surrounding properties.
(2)
Family care home. The use shall be conducted within a single family residence.
The building shall maintain the exterior appearance of a single family residence, with no separate outside entrances to individual bedrooms.
The family care home shall be sponsored by a public or non-profit organization; all state licensing requirements shall be met.
(3)
Mini-warehouse. No storage space shall exceed 400 square feet in area and one story in height.
Each storage space shall be served by an all weather surface which is properly graded and drained and having a minimum width of 15 feet for each direction of travel.
The entire site shall be kept lit with security lighting throughout. All exterior lights shall be shielded to focus and direct light onto the uses established and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.
(4)
Regulated uses. Regulated uses include deferred presentment services, pawnshops, and sexually oriented establishments. Regulated use shall be subject to the following restrictions in addition to the requirements of the zoning district in which they are located:
a.
No regulated use may be located within 1,000 feet of any single-family detached residence, place of worship, school, park, or daycare center, as measured from any point upon the outside walls of the building or building lease space containing the regulated use to the nearest property line of aforementioned uses.
b.
No regulated use may be located within 500 feet of another regulated use or facility containing mechanical or electronic devices, machines, tables or apparatus of any kind used for playing games of skill or amusement, as a primary or accessory use, as measured from any point upon the outside walls of the building or building lease space containing the business to any point upon the outside walls of another regulated use or gaming facility.
(Ord. No. 99-4, §§ 63.0—63.3, 8-16-1999; Ord. No. 2014-3, § 3, 3-17-2014)