2007-07-16 - Pelham, Al Zoning Ordinance

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ARTICLE VI

Section 1Section 2Section 3

Section 4Section 5Section 6Section 7Section 8Section 9

A-1 AGRICULTURAL DISTRICT

IntentPermitted UsesSpecial Exception Uses

Prohibited UsesArea and Dimensional RegulationsParking RegulationsLandscape RegulationsSign RegulationsAdditional Regulations (When Applicable)

36

363636

373737383838

ARTICLE VII

Section 1Section 2

Section 3Section 4Section 5Section 6Section 7Section 8Section 9

E-1 ESTATE RESIDENTIAL DISTRICT

IntentPermitted Uses

Special Exception UsesProhibited UsesArea and Dimensional RegulationsParking RegulationsLandscape RegulationsSign RegulationsAdditional Regulations (When Applicable)

39

3939

39394040404040

ARTICLE VIII

Section 1Section 2Section 3Section 4Section 5Section 6Section 7Section 8Section 9

R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

IntentPermitted UsesSpecial Exception UsesProhibited UsesArea and Dimensional RegulationsParking RegulationsLandscape RegulationsSign RegulationsAdditional Regulations (When Applicable)

41

414141414242424242

ARTICLE IX


R-2 TWO-FAMILY RESIDENTIAL DISTRICT


43

434343434444444444



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ARTICLE X



R-G GARDEN HOME RESIDENTIAL DISTRICT



45

454545

454646464646

ARTICLE XI

Section 1Section 2


R-T TOWNHOUSE RESIDENTIAL DISTRICT



48

4848

48484949494949

ARTICLE XII


R-A APARTMENT DWELLING DISTRICT


51

515151515252525252

ARTICLE XIII


O&I OFFICE AND INSTUTIONAL DISTRICT


54

545455555656565656



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ARTICLE XIV



B-1 NEIGHBORHOOD BUSINESS DISTRICT



58

585858

595959595960

ARTICLE XV

Section 1Section 2


B-2 GENERAL BUSINESS DISTRICT



61

6161

62626363636363

ARTICLE XVI


B-3 WAREHOUSE BUSINESS DISTRICT


64

646464646565656565

ARTICLE XVII


B-4 MINI-WAREHOUSE DISTRICT


66

666666666767676768



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ARTICLE XVIII



M-1 LIGHT INDUSTRIAL DISTRICT



69

696970

717172727272

ARTICLE XIX

Section 1Section 2


M-2 HEAVY INDUSTRIAL DISTRICT



73

7373

73747474757575

ARTICLE XX


PUD – PLANNED UNIT DEVELOPMENT DISTRICT

IntentApplication and Requirements for PUDReview ProcedurePUD Land Use DistrictsConsideration of PUDBuilding PermitAmendment of the PlanTime Limit for Development of the PlanEffect of Changes to Zoning Ordinance

76

767680809495969697

ARTICLE XXI


CORRIDOR OVERLAY DISTRICT

IntentAreas of ApplicabilitySubmission RequirementsRegulatory Interpretation ProcessSite DesignBuilding Design and OrientationFences and WallsExterior LightingGrading and Drainage

98

9898989999100100101101



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Section 10Section 11Section 12Section 13

SignsParking RegulationsLandscape Buffer RegulationsSeverability Clause

101101101101

ARTICLE XXII

Section 1Section 2Section 3Section 4Section 5Section 6Section 7Section 8Section 9Section 10

Section 11Section 12Section 13Section 14Section 15

Section 16

Section 17

Section 18

Section 19

Section 20


SIGN ORDINANCE

PurposesDefinitionsMeasurements and InterpretationsGeneral RegulationsSigns Exempt form RegulationSigns Allowed without a PermitSigns in Public Right-of-WayRegulations for Specific Sign Types (Permanent Signs)Lighted Signs, ConditionsSubstitution of Messages

Prohibited SignsOff-Premise Advertising SignsRegulations for Specific Sign Types: Temporary SignsSigns Permitted in the Agricultural DistrictSigns Permitted in the E-1, R-1, R-G, and PR-1 ResidentialDistrictsSigns Permitted in the R-2, RT, RA, PR-2 and PR-3Residential DistrictsSigns Permitted in the Office and Institutional (O & I)District and Planned Office and Institutional (PO-I) DistrictSigns Permitted for Individual Retail and ServiceEstablishments in the B-1, B-2, B-3, B-4, M-1, M-2, PC, PB,P-MX, and P-CD DistrictsSigns Permitted for Retail and Service EstablishmentsLocated in Shopping Centers in the B-1, B-2, B-3, B-4, M-1,M-2, PC, PB, and P-MX DistrictsSigns Permitted for Non-Retail and Non-ServiceEstablishments in the B-1, B-2, B-3, B-4, M-1, M-2, PC, PB,and P-MX DistrictsSigns Permitted in the Planned Unit Development DistrictsPermitting ProceduresRight-of-Way Encroachment PermitsGeneral Administrative Provisions

Nonconforming StatusAbandoned SignsRemoval of SignsPenaltiesSeverability ClauseEffective Date

102

102102105105106106106107108108

108109109112113

114

115

115

116

117

118118120121122122122124124125



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ARTICLE XXVI



NONCONFORMING USES OF LAND ANDBUILDINGS

IntentContinuanceRestoration to Safe Condition

Restoration after DamagesAbandonmentChange in UseAbandoned Right-of-Way

Nonconforming Lot of Record

158

158158158

158158158158158

ARTICLE XXVII



BOARD OF ADJUSTMENT

AppointmentProcedurePowers and Duties

Administrative ReviewAppealsStay of ProceedingsSpecial Exception UsesApplication for a Special Exception Use HearingVariancesBoard Action on ApplicationsAppeals from Action of the BoardLimitation on Requests to the Board of Adjustment

159

159159159

159159159160160161162162162

ARTICLE XXVIII


RULES OF PROCEDURE OF THE PLANNINGCOMMISSION

IntentAuthorityMembershipOfficersApplications and HearingsMeetingsQuorumMinutesAmendmentsEffectiveness

163

163163163163164165165165165165

ARTICLE XXIX


ADMINISTRATION AND REVIEW PROCEDURES

Enforcing OfficerBuilding Permit RequiredReview of Building Permit ApplicationsApproval of Building Permit ApplicationsDenial of Building Permit Applications

166

166166166167167



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ZONING ORDINANCE OF THE CITY OF PELHAM, ALABAMA

ARTICLE I - SHORT TITLE

THE PUBLIC WELFARE REQUIRING IT, be it ordained by the City Council of the City ofPelham, Alabama as follows:

This Ordinance shall be known as the “Zoning Ordinance of the City of Pelham, Alabama,” andthe map herein referred to, identified by the title “Zoning Map of Pelham, Alabama,” shall befurther identified by the signature of the Mayor of the City of Pelham and attested by the CityClerk. The Zoning Map of the City of Pelham is hereby adopted and made a part of thisordinance. Said zoning map shall zone only territory within the City of Pelham. Such map isfiled with the Clerk of the City of Pelham at the time of the introduction of this Ordinance, willremain on file in the office of the said Clerk and upon the adoption of the Ordinance, said mapwill show by endorsement thereon the date of such adoption.



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ARTICLE II - PURPOSE, METHOD AND AUTHORITY

Section 1. Purpose. The zoning regulations and districts as herein established have been madein accordance with a comprehensive plan. The fundamental purpose of this Ordinance is to

promote the public health, safety, morals and general welfare: to encourage the use of lands andnatural resources in the City of Pelham in accordance with their character and adaptability; to

limit the improper use of land; to provide for the orderly development and growth of the City ofPelham; to reduce hazards to life and property; to establish the location and size of and thespecific uses for which dwellings, building and structures may hereafter be erected or altered,and the minimum open spaces and sanitary, safety and protective measures that shall be requiredfor such buildings, dwellings, and structures; to avoid congestion on the public roads and streets;to provide safety in traffic and vehicular parking; to facilitate the development of an adequatesystem of transportation, education, recreation, sewage disposal, safe and sufficient water supplyand other public requirements; to conserve life, property and natural resources and theexpenditure of funds for public improvements and services to conform with the mostadvantageous use of land, resources and properties, for the general good and benefit to the

people of the City of Pelham.

Section 2. Relation to the Comprehensive Plan. The administration, enforcement, andamendment of this ordinance should be consistent with the comprehensive plan.

Section 3. Methods. For the purposes herein before stated, the City of Pelham is divided intodistricts of such number, shape and area, and of such common unity of purpose, adaptability oruse, which are deemed most suitable to provide for the best general civic use, protect thecommon rights and interests within each district, preserve the general rights and interests of all,and to promote improved wholesome, sightly, harmonious and economic results in civic service,activities and operations; and by further regulations to limit the location, uses and occupancy of

buildings, structures and land to be used for trade, industry, residence or other purposes, and alsothe location, height, bulk, occupancy and uses of buildings or other structures, including the ratioof lot occupancy and coverage, street setback lines, sizes of yards, and other open spaces.

Section 4. Authority. An ordinance, in pursuance to the authority granted by Section 11-52-70of the Code of Alabama 1975, as amended and supplanted by all applicable laws, to provide forthe establishment of districts within the corporate limits of the City of Pelham, Alabama; toregulate within such districts the height, number of stories, and size of buildings and otherstructures, the percentage of lot that may be occupied, the size of yards and other spaces, thedensity of population and the use of buildings, structures, and land; to repeal all existing zoningordinances and to provide methods of administration of this ordinance and penalties for theviolation thereof.



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ARTICLE III - DEFINITIONS

Section 1. Generally. For the purposes of this Ordinance, certain words and terms are definedas herein indicated and shall apply to all parts of this Ordinance. Unless specifically definedherein, words or phrases used in this Ordinance shall be interpreted so as to give them the samemeaning as they have in common usage and so as to give this Ordinance its most reasonable

application. All words used or defined in one tense or form shall include other tenses andderivative forms; all words in the singular number shall include the plural number; and all wordsin the plural number shall include the singular number unless the natural construction of thewording indicates otherwise; the words “used for” shall include the meaning “designed for”; andthe word “structure” shall include the word “building”; the word “lot” shall include the words“plot” or “tract”; and the word “shall” is mandatory and the word “may” is permissive. Theword “person” includes an individual, firm, association, organization, partnership, trust,company, or corporation.

Section 2. Interpretation. The Zoning Official is authorized to make a final determination ofthe meaning of any term used in this Ordinance. In the case of any dispute, an appeal of the

Zoning Official’s determination may be filed with the Board of Adjustment.Section 3. Definitions.

Abut, Adjacent, Adjoin or Contiguous. To physically touch or border upon or to sharea common border with or be separated from the common border by an easement, right-of-way, railroad, or body of water.

Accessory Dwelling. A dwelling unit (other than a manufactured home) used incombination with a non-residential use, such as the family residence of a manager,

business owner, or security guard, within the same building or on the same lot of a non-residential use.

Accessory Structure. A subordinate structure incidental to the primary use of the site.

Accessory Use. A use naturally and normally incidental to and subordinate to anddevoted exclusively to the main use of the premises.

Agriculture. The tilling of soil, the raising of crops, forestry, horticulture and gardening,including the keeping or raising of domestic animals, fowl, and riding horses, andincluding sale of crops, dairy and horticultural farm products incidental to the operationof a farm.

Alley . A thoroughfare either used or shown on any recorded description of the subject

parcel(s) which is not more than thirty (30) feet wide and which affords only a secondarymeans of access to abutting property.

Alter and Alteration. Any change or modification in construction or occupancy.

Antenna . Electronic devices, whose purpose is to receive or transmit signals directlyfrom ground-based sources, which are freestanding or mounted on a structure.



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Apartment. An individual dwelling unit within a building comprising at least three (3)dwelling units, each unit of which is designed to be occupied and to be rented by one (1)family.

Apartment Building. A building comprising at least three (3) dwelling units, each unitof which is designed to be occupied and to be rented by one (1) family.

Apartment Complex. A cluster of detached apartment buildings on one lot and in which,typically, individual entrances are provided for each dwelling unit.

Appeal. A means for obtaining review of a decision, determination, order, or failure toact pursuant to the terms of this Ordinance as expressly authorized by the provisions ofArticle XXVII -Board of Adjustment.

Applicant. One (1) individual who is duly authorized to submit development plans forreview, request variances or changes in zoning classification, and apply for any form ofdevelopment approval with respect to a development site. An applicant may be the

property owner(s), or any person having written authority from the property owner(s).This written authority shall be provided in the form of a legal power of attorney.

Assisted Living Facility. A building, establishment, complex, or distinct part thereofwhich:

1. Accepts primarily aged persons for domiciliary care, not nursing or medicalcare;

2. Provides on site to its residents private lockable residential spaces; mealservice in a community dining facility and non-medical personal care servicesappropriate to the resident's respective needs;

3. Other than supervision of self medication, medical services are not a service provided by the facility. The facility may provide space for an unrelatedHome Health Service or a Medical Doctor's Office for ease of access to thoseservices by the residents;

4. Provides linkages with hospitals, community services and makestransportation available; and

5. Provides timely assistance to residents for response to urgent or emergencyneeds.

Bank or Financial Service. A business engaged in providing banking or financialservices to business and the general public, such as a bank, savings and loan association,credit union, finance company, and similar businesses.

Basement . A story having a part but not more than one half of its height below grade. A basement is counted as a story for the purpose of height regulations.

Bedroom. A room marketed and designed to include a window and closet to function primarily for sleeping for a maximum of two adults.

Bond. See “Performance Guarantee.”



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Broadcast Studio. Establishments primarily engaged in the provision of broadcastingand other information relay services accomplished through the use of electronic andtelephonic mechanisms, including film and sound recording, such as a radio studio, TVstudio, or a telegraphic service office.

Buffer. A strip of land that is retained for the purpose of providing a means of screening

or separating incompatible land uses, promoting visual harmony, reducing noise,diverting emissions, reducing the effects of adjacent lighting, restricting passage, andenhancing the natural environment, thereby providing for a compatible mix of otherwiseconflicting uses. Buffers may consist of existing or planted trees, shrubs or vegetation,fences, walls, or earth berms.

Building. Any structure enclosed on all sides having a roof supported by columns orwalls designed or built for the support, enclosure, shelter, or protection of persons,animals, or property of any kind.

Building Area . That portion of a lot occupied by the principal building, including

porches, carports, accessory structures, and other structures.Building Height. The vertical distance above the average elevation of the finished grademeasured to the highest point of the building. The height of a stepped or terraced

building shall be the maximum height of any segment of the building.

Building Line. A line showing the nearest distance to the property line or lines that is permissible to build a structure either in compliance with this ordinance or in following a plat, deed, or private contract or covenant. The outermost projection of the extremeoverall dimensions of a building as staked on the ground, including all area covered byany horizontal projection or any vertical projection to the ground of overhang of walls, orof the roof or any other part of a structure which is nearest to the property line, exceptthat open steps, terraces, and patios may be excluded.

Building, Principal. A building in which is conducted the principal use of the lot onwhich it is situated. In any residential district, any dwelling shall be deemed to be the

principal building. In a commercial or business complex constructed upon a single tractof land, there may be more than one principal building. A principal building shall be a

permanent building which has a roof supported by columns or walls, with wallsconstructed of wood, metal, glass, brick, or masonry materials, which completely enclosethe principal building area. A principal building shall not be a mobile building.

Building Separation or Spacing. The minimum distance between buildings measuredfrom the outermost projection.

Business or Professional Office. A place where the administrative affairs of a businessor profession is conducted such as the office of a law firm, real estate agency, insuranceagency, architect, secretarial services, the administrative staff of business or industry, andthe like.



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Carport. An accessory structure attached to a principal building, having a roof with oneor more open sides and intended for the sheltering of motor vehicles.

Car Wash. A commercial establishment, approved by the Alabama Department ofEnvironmental Management and licensed by the City of Pelham, engaged in washing orcleaning of automobiles and light vehicles. Such facility may be automated or employ

the services of individuals to perform such services manually or may be a self-service,coin-operated facility.

Cellar. That portion of a building between the floor and ceiling which is wholly or partly below grade, and having more than one half of its height below grade. A cellar is notcounted as a story for the purpose of height regulations.

Cemetery. Human burial grounds.

Church. A building used for regular religious worship, by the congregation or partsthereof, of any organized religion.

Clinic. A building or a portion of a building where patients are not lodged overnight, butare admitted for examination and treatment by a group of physicians or dentists

practicing together.

Club, Private. A building or portion thereof or premises owned or operated by acorporation association, persons or person for a social, educational, or recreational

purpose, but not primarily for profit or to render a service which is customarily carried onas a business.

Common Open Space. Any greenbelt, park, lake, river, or recreational development orarea which is owned in common or private, devoid of any buildings and other physicalstructures, except where accessory to the provision of recreation opportunities, and whichis developed, located, and/or maintained to provide relatively permanent recreationalopportunities. Common open space includes undisturbed natural areas, wildlife habitat,garden areas, nature trails, viewing areas, and other areas designed for passive enjoyment,

but also including improved parks, athletic fields, playgrounds, swim & tennis facilities,or other like areas designed and intended for active pursuits. Common open space may

be made available to the general public or may be restricted to use for a home owner or business association membership or segment thereof. Common open space dedicated infee to the City or other governmental agency to be responsible for the operation andmaintenance, shall not be for the exclusive use of the development.

Communal Living Facility. A building or structure licensed by the State of Alabamaand permitted by the City of Pelham, in which three or more unrelated persons reside in adwelling unit. These types of facilities must have a building separation greater than1,000 feet from another communal living facility. Communal living facilities are notmeant to include child foster care facilities nor facilities housing the mentallyhandicapped or mentally ill, where there are no more than ten such people plus twounrelated persons to either the occupants of the facility or to each other. (Code ofAlabama 11-52-75.1)



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Commercial Greenhouse. See “Garden Center”

Comprehensive Plan. The official public document prepared in accordance withSection 11-52-8 of the Code of Alabama, as amended, consisting of maps, charts, andtextual material that constitutes a policy guide to decisions about the physical and socialdevelopment of the City of Pelham.

Condominium . A building or a group of buildings in which units are ownedindividually, and the structure, common areas and facilities are owned by all of theowners on a proportional, undivided basis.

Construct. Construct shall include build, erect, reconstruction, alteration, moved uponor any physical operations on the premises required for the building, principal structure,sign or accessory use. This definition shall include excavations, earthwork, fill, drainagework, utilities installations, and other work as it relates to the construction or use of a

building, principal structure, sign or accessory use.

Convenience Store. A retail store that is designed and stocked to sell primarily food, beverages, and other household goods and products to customers who purchase only arelatively few items at a time. Such an establishment may also engage in the sale ofvehicle fuel, oil, and accessories.

Covenant. A written agreement between two or more parties for the performance ofsome action. When used in relation to property or real estate, it is generally an agreementexecuted between the buyer and seller of such real estate, and should be enforced by

private landowners, and not the municipality, unless the proposed use violates the zoningordinance. This term shall also include deed restrictions.

Cul-de-Sac. The dead–end street terminated by a vehicle turnaround area having aminimum pavement radius of 40 feet, with a minimum radius of 50 feet to accommodateschool buses or other large vehicles.

Day Care Center. A facility licensed by the State of Alabama, other than a residence, providing day care on a regular basis to more than six children.

Day Care, Home. A service licensed by the State of Alabama, operated from aresidential dwelling by a resident, providing day care on a regular basis to six or lesschildren.

Density. The minimum required lot area per dwelling unit or the maximum number ofdwelling units per acre of site area.

Development. The division of a parcel of land into two or more parcels; theconstruction, reconstruction, conversion, alteration, relocations, or enlargement of astructure; any mining, dredging, filling, grading, paving, excavation, drilling, ordisturbance of land; and any use or extension of the use of the land.



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District. A section or sections of the City of Pelham for which the zoning regulationsgoverning the use of buildings and premises, the height of buildings, the size of yards,and the intensity of use are uniform.

Drive-in Theatre. A theatre so arranged and conducted that the customer or patron mayview the performance while being seated in a vehicle.

Driveway. A private access road, the use of which is limited to persons residing,employed, or otherwise using or visiting the parcel in which it is located.

Duplex. Residential structure, divided horizontally or vertically, and designed for oroccupied by two dwelling units, contained entirely under one roof on one lot.

Dwelling. Any building or portion thereof, which is designed or used exclusively forresidential occupancy.

Dwelling, Attached Family. A building designed and arranged to provide separate

sleeping, cooking and kitchen accommodations and toilet facilities for occupancy of morethan one family whereby the individual living units are built for sale, in fee simple, andnot for lease and including duplexes, cluster homes and townhomes.

Dwelling, Multiple. A structure designed or used for residential occupancy by morethan two (2) families, with separate kitchen or dining facilities, including apartments,apartment hotels, fraternities, sororities, dormitories, row houses, town houses, andsimilar housing types, but not including hotels, motels, hospitals, or nursing homes.

Dwelling, Single Family. A detached building so designed and arranged to providesleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by onefamily only.

Dwelling, Two Family. A building so designed and arranged to provide separatesleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by two(2) families.

Dwelling Unit. One or more rooms located within a building and forming a singlehabitable unit with facilities, which are used or intended to be used for living, sleeping,cooking and eating purposes.

Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above said lot or lots. No easement shall berecognized under this Ordinance which has not been created through a valid legalinstrument and recorded in the Office of the Judge of Probate of Shelby County,Alabama, established by the City through continuous historic use, or created by courtorder.

Earthwork. The breaking of ground, except common gardening and ground care.



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Family . One or more persons occupying a dwelling and living as a single housekeepingunit, all but two (2) of whom are related to each other by birth, adoption or marriage, asdistinguished from a group occupying a boarding house, rooming house, or hotel.However, notwithstanding the preceding definition, a family shall also be deemed toinclude up to three (3) unrelated persons occupying a dwelling unit and living as a single,non-profit housekeeping unit, if any one or more of said three (3) unrelated occupants is

handicapped as defined in Title VIII of the Civil Rights Act of 1968 as amended by the“Fair Housing Act Amendments of 1988” and the “Alabama Fair Housing Law,” Code ofAlabama 24-8-1, et seq. Such unrelated individual(s) shall have the right to occupy adwelling unit in the same manner and to the same extent as any family unit as firstdefined herein . (Amended per the approval of the U.S. District Court in the Consent Settlement of

CV93-PT-1409-S.) Fence . A structure intended for a barrier or enclosure.

Filling. The depositing and compaction of soil or other materials by following the properengineering standards to alter the elevation of a given site.

Floor Area . The gross horizontal areas of all floors, including penthouses (but excludingsuch areas within a building which are used for parking) measured from the exterior facesof the exterior walls of a building. Basements and cellars shall not be included in thegross floor area.

Floor Area, Nonresidential. The gross floor area, including basement, of any structure.

Foundation Survey. A survey prepared and certified as to its accuracy by a surveyorwho is licensed by, and registered with, the State of Alabama as a surveyor, clearlyshowing the location of the foundation for the building or other structure, decks, porches,or any other appurtenance to the structure to be constructed on the site; the distance

between such foundation and the boundary lines and rights-of-way of such lot or parcel;and all easements and building set backs on said parcel.

Fowl. Domestic birds, kept on a farm for use and profit. These include chickens,turkeys, ducks, geese, quail, guineas, ostriches, etc.

Frontage, Street . All the property on one side of a street between two streets whichintersects such street (crossing or termination), measured along the line of the street, or ifthe street is dead-ended, then all of the property abutting on one side between a streetwhich intersects such street and the dead end of the street.

Funeral Home. A commercial establishment engaged in funeral and undertakingservices for human burial, cremation, or placement in a mausoleum.

Garage-private . A private garage is a garage for which the principal use is storage of privately owned vehicles and constituting an accessory use on the lot.

Garage, storage or parking . A deck or building, or part thereof, used or intended to beused for the parking and storage of motor vehicles.



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Garden Center. A place of business where garden-related products and produce are soldto the retail consumer. These centers, which may include a nursery and/or commercialgreenhouse, bring in most items offered for sale from other locations. These items mayinclude plants, nursery products and stock, fertilizers, potting soil, hardware, powerequipment and machinery, hoes, rakes, shovels, and other garden and farm tools and

utensils.Gasoline Station. Any building, structure, or land used primarily for the dispensing, saleor offering for sale at retail of any automobile fuels, or oils, but not including majorrepair work such as motor overhaul, body and fender repair or spray painting.

Grade . The average level of the finished ground surface adjacent to the exterior walls ofthe building.

Gross Site Area . The total land area to be classified as the Planned Unit Development.

Group Home/Family Care Home. A dwelling shared by ten or less mentallyhandicapped persons, which may in addition include two resident staff who need not berelated by blood or marriage to each other or to any of the mentally retarded or mentallyill persons living within, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care. (Code of Alabama -Section 11-52-75.1, Regulations as to housing of mentally retarded or mentally ill

persons in multi-family zones, as amended.)

Grocery Store. A retail establishment in which the primary function is the sale of fooditems. Such an establishment may also include beverages, household supplies, personalcare items, magazine sales, the sale of automobile maintenance supplies, a deli and/or

bakery, etc.; but, shall not engage in any form of vehicle repair or maintenance or the saleof vehicle fuel.

Hazardous Uses. All uses which involve the storage, sale, manufacture, processing orhandling of materials which are easily ignited and likely to burn with moderate rapidityor cause smoke, including materials and/or chemicals which are highly flammable,explosive, noxious, toxic, or are otherwise inherently dangerous to humans, animals,land, crops, or property.

Home Occupation . A business, profession, occupation, or trade conducted for gain orsupport, and located entirely within the living area of a dwelling as an incidental activityof the residents of that dwelling and employing only the inhabitants thereof, in which notmore than twenty-five (25) percent of the dwelling is used for said home occupation. Said home occupation shall be clearly incidental and secondary to residential occupancy,shall not involve any advertising and display or storage of materials or exterioridentification of the home occupation or variation from the residential character of the

premises. A home occupation shall not create noise, produce odors, vibration, electricalinterference, or traffic safety hazards or congestion, nor interfere with the health, safetymorals, convenience, and/or general welfare of the public. (See Article XXV, Section 6

– Detailed Use Regulations – Home Occupation)



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Hospital . A public or proprietary institution providing medical diagnosis, treatment, orother care of human ailments, operating under license by the Alabama State HealthDepartment, and which, unless otherwise specified, shall be deemed to includeinstitutions primarily for treatment of contagious diseases and the insane or feebleminded but not including nursing homes.

Hotel . A building in which lodging, or boarding and lodging are provided and offered tothe public for compensation and in which ingress and egress to and from all rooms aremade through an inside lobby or office supervised by a person in charge at all hours. Thefacility may provide additional services as restaurants, meeting rooms, banquet rooms,gift shops, and recreational facilities.

Independent Living Facility. A residential building or complex, which groups seniorsfor the purpose of social interaction and mutual support in a common interest community.Group facilities may be provided on premises for recreation and social interaction, butonly limited support services are typically provided.

Industrial (Manufacturing), Heavy. All other types of manufacturing not included inthe definitions of light manufacturing. Any uses, which are detrimental to property or tothe health and safety beyond the zoning district, by reason or the emission of odor, dust,gas, fumes, smoke, noise, vibration or waste material are prohibited.

Industrial (Manufacturing), Light. The manufacture (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication,assembly, treatment, packaging or testing of such products or equipment, including theincidental storage, sale, and distribution of such products, including research activities.Said district imposes absolutely no danger to health or safety in surrounding area, anddoes not create any objectionable noise, vibrations, smoke, dust, odor, heat, glare, or

pollutants.

Inoperative Motor Vehicle. A motor vehicle which cannot be driven upon the publicstreets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, ina state of disrepair or incapable of being moved under its own power.

Institution . The structure or land occupied by a group, cooperative, board, agency ororganization created for the purpose of carrying on non profit functions of a public orsemi-public nature, including but not limited to hospitals, schools, churches, fraternalorders and orphanages, and also including residential accessory uses, such as rectories,

parsonages, dormitories and dwellings for resident administrators, watchmen, custodiansor caretakers.

Junkyard (Vehicular). A parcel and/or lot used for the outside placement, storage, parking, dismantling, or disassembling of any disabled or inoperable vehicles, or partsthereof, including, but not limited to motors, tires, wheels, axles, transmissions and otheraccessories. (Code of Ordinances, City of Pelham, Alabama Sec. 5-22)



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Jurisdiction. As used in this ordinance, jurisdiction is the corporate limits of the political subdivision known as the City of Pelham, which adopts this ordinance foradministrative regulations within its sphere of authority, and to also include any tracts ofland subsequently annexed into the corporate limits.

Kennel. The premises of any person engaged in the business of breeding, buying,

selling, or boarding dogs.Kennel-Inside . A building in which six (6) or more domestic animals are permanentlyor temporarily boarded, groomed, trained, or treated, for compensation.

Kennel-Outside . A lot or premises on which six (6) or more domestic animals are permanently or temporarily boarded, groomed, trained or treated, for compensation.

Land Use District. Delineation of land area intended for a specific use.

Landscaping. The finishing and adornment of unpaved yard areas. Materials and

treatments generally include naturally growing elements such as grass, trees, shrubs, andflowers, and may include the use of landscape timbers, rocks, fountains, water features,or contouring of the earth.

Landscape Architect. A landscape architect registered by the State of Alabama.

Livestock. Domestic animals, kept on a farm for use and profit. These include cows,horses, goats, sheep, swine, etc.

Loading Space . A space having a minimum dimension of fourteen feet wide by fortyfeet long, where vans are to be received, and a minimum dimension of fourteen feet wide

by sixty feet long, where tractors and semi-trailers are to be received, and all having aminimum clear height of fifteen feet, within the principal building or on the same lot andnot extending into the road right-of-way, providing for the standing, loading or unloadingof trucks. See Article XXIII – “Off Street Parking and Loading Requirements.”

Lot . A parcel of land intended for transfer of ownership or for building development,which shall be comprised of land area or a combination of land area and water surfacearea which complies with the area and dimensional regulations of the zoning district inwhich it is located. Each lot shall be comprised of land area in an amount equal to orgreater than the minimum lot area required in the zoning district in which it is located.Said land area shall be contiguous and have principle frontage upon a public street.

Lot, Corner. A lot abutting two or more streets at their intersections. Front yard buildingset backs shall be observed on all sides abutting streets.

Lot Depth. The mean horizontal distance between the front and rear lot lines.

Lot Line. Each line bounding a lot which divides one lot from another or from a street orfrom any public or private place.



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Lot Line – Front. In the case of a lot line abutting upon one street. The front lot line isthe line separating such lot from such a street. On corner lots the front lot line shall beconsidered as parallel to the streets upon which the lot is located.

Lot Line – Rear. The rear lot line is that opposite from the front line. In case of a lotterminating at a point at the rear of the lot, or having a rear lot line less than ten (10) feet

long, the rear lot line shall be considered a line parallel to the front lot line having alength not less than ten (10) feet long.

Lot Line – Side. Any lot line other than front lot line or rear lot line.

Lot, Through . A lot other than a corner lot abutting two streets.

Lot of Record . A lot which is part of a subdivision, the plat of which has been recordedin the Office of the Judge of Probate of Shelby County, Alabama, or a parcel of landdescribed by metes and bounds, the plat of description of which has been recorded in saidoffice. If a portion of a lot or parcel has been conveyed at the time of the adoption of this

ordinance, the remaining portion of said lot or parcel shall be considered a lot of record.Lot Width. The width of the lot at the front building setback line.

Lounge. Any place or premises engaged in the preparation, sale or serving of liquor forconsumption on the premises. This shall include, but not be limited to, the followingterms: taverns, bars, cocktail lounges, nightclubs, discotheques, or dance halls, andsimilar uses where liquor consumption is a primary activity on the premises of theestablishment. Not included in this definition are establishments such as restaurantswhich sell beer, wine, or liquor as an incidental activity on the premises, with saidactivity being less than forty percent of the gross sales; and establishments which sellliquor, beer, or wine in packages for off-premise consumption only, such as a packagestore, State Alcoholic Beverage Store, convenience store, supermarket, or similarestablishment.

Manufactured (Mobile) Home . A detached unit for commercial, residential, orindustrial purposes designed for transportation after fabrication on streets or highways onits own wheels or on flatbed or other trailers and arriving at the site where it is to beoccupied complete and ready for occupancy or use except for minor and incidentalunpacking and assembly operations, foundations, connections to utilities, and the like. Atravel trailer is not to be considered as a mobile home.

Manufactured (Mobile) Home Park . An area containing one or more mobile homesused as living facilities, or an area containing one or more spaces designed or intendedfor parking of mobile homes to be used as living facilities.

Mini-Warehouses . Five or more individual storage spaces with separate access to eachspace rented to the public, wherein no retail or wholesale trade is conducted, andconforming to the generally accepted concept of such warehouses as set forth in ArticleXVII – B4 Mini-Warehouse District.



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Mixed Use Building. A single building used for both commercial and residential usesoccupying separate floor levels.

Mixed Use District . A single district containing buildings utilized for residential,commercial, office and municipal use or a mixture thereof integrated within a PlannedUnit Development.

Motel . A motel or motor court is a business comprised of a dwelling unit or a group ofdwellings or dwelling units so arranged as to furnish overnight accommodations fortransient guests.

Motor Vehicle. Every vehicle which is self-propelled, but not operated upon rails.

Nonconforming Lot of Record. Any lot, validly recorded in the Office of the Judge ofProbate, Shelby County, Alabama, which complied with all applicable laws, ordinances,and regulations in effect on the recording date.

Nonconforming Use . The use of any structure, building, or land which was lawful at thetime of passage of this ordinance, or amendment thereto, but which use does notconform, after the passage of this ordinance or amendment thereto, with the useregulations of the district in which it is situated. (See Article XXVI – “NonconformingUses of Land and Buildings”)

Nursery. An enterprise which conducts the retail and wholesale sale of plants grown onthe site, as well as accessory items directly related to their care and maintenance. Theaccessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging

baskets, rakes and shovels.

Nursing Home/Nursing Care Facility. An institution licensed by the State of Alabamamaintained for the purpose of providing skilled nursing care and medical supervision at alower level than that provided in a hospital, but at a higher level than provided in aDomiciliary Care Facility or Assisted Living Facility.

Office . Space or rooms for professional, administrative, clerical and similar uses.

Office Building. A building whose predominant use is for offices.

Outside Storage. The keeping in an unenclosed or fenced area, of any goods, materials, products, or merchandise.

Park. A public or private area of land, with or without buildings, intended for active or passive recreational uses.

Park and Ride Facilities. Parking lots or structures located along public transit routesdesigned to encourage transfer from private automobile to mass transit or to encouragecar pooling for purposes of commuting, or for access to recreation areas.



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Parking Aisle. That portion of the parking area consisting of lanes providing access to parking spaces.

Parking Area . An open, unoccupied space, which is surfaced by either bituminous pavement or concrete, used or intended to be used for parking of vehicles, with orwithout charge, and in which no other business is conducted. (See Article XXIII – “Off

Street Parking and Loading Requirements”)Parking Space, Off-Street . An accessible space, which is surfaced by either bituminous

pavement or concrete, permanently reserved for the temporary storage of one vehicle,connected with a street by a driveway or an alley, having a minimum area of not less thanone hundred eighty square feet, a minimum width of nine feet, and a minimum length oftwenty feet, exclusive of driveways, maneuvering areas, and parking structures. (SeeArticle XXIII – “Off Street Parking and Loading Requirements”)

Performance Assurance. A legally binding agreement with the city by which adeveloper assures the construction of improvements required by this Ordinance.

Performance Guarantee. Financial security filed by the developer with the City Clerkto assure the construction of all required improvements at a specified time in the future.

Planned Unit Development. A development project comprehensively planned as asingle entity via a unified site plan which permits mixtures of housing types and landuses, usable open spaces, and the preservation of natural features.

Plat. Any drawing or drawings and related written material indicating the proposedmanner or layout of a road, parcel, and/or subdivision to be submitted to the City ofPelham for approvals and/or recording purposes.

Plot Plan. A plat of a lot, drawn to scale and certified as to its accuracy by a surveyorwho is licensed by, and registered with, the State of Alabama as a surveyor, showing theactual measurements, the size and location of any existing buildings or structures, or

proposed buildings or structures, along with any easements and building setbacks, and thelocation of the lot in relation to abutting streets or rights-of-way, and similar information.The proposed structures are staked out by said registered land surveyor or an employeeunder his direct supervision.

Porch. A roofed open area, which may be screened, attached to and with direct access toor from a building.

Premises . A lot, together with all building and structures existing thereon.

Principal Use. The primary use of a property as distinguished from other uses whichshall be permitted only as accessory uses or prohibited altogether as provided for eachzoning district.

Property Line. S ee “Lot Line”



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Public Assembly Center. Buildings arranged for the general assembly of the public at-large for community events including civic centers, places of worship, schools,coliseums, stadiums, and similar uses.

Public Buildings. Buildings arranged for the purpose of providing public services, nototherwise listed in this section, including museums, government offices, post offices,

transit stations, police stations, fire stations, emergency medical service stations, civildefense operations, and similar uses.

Recreational Vehicle. ( 1) A vehicle or a unit that is mounted on or drawn by anothervehicle primarily designed for temporary living. Recreational vehicles include traveltrailers, camping trailers, truck campers, and motor homes. A recreational vehicle shallnot be permanently affixed to the ground or any structure. (2) A recreational vehicleshall also include all-terrain-vehicles (ATV’s), motorcycles, and watercraft.

Recycling Facility. A facility that is not a junk yard and in which recoverable resources(such as newspapers, magazines, books, and other paper products; glass; plastics; metal

cans; and other products) are recycled, reprocessed, and treated to return such products toa condition in which they may again be used for production.

Rehabilitation Facility. An institutional facility providing residential and custodial carefor the rehabilitation of physically or socially impaired individuals who are recoveringfrom accident or medical disability. A rehabilitation facility is not to be confused witha treatment facility. For the definition of the latter, see “Treatment Facility.”

Renovation. Interior or exterior remodeling of an existing building or structure, with theexception of painting.

Rental Establishment. A commercial establishment, where no outside storage isallowed, engaged in the rental of a wide variety of goods, including by not limited tofurnishings, appliances, audio/video equipment, meeting supplies, wedding supplies,

party supplies, and tools.

Rental Equipment, Heavy. A commercial industrial establishment, where outsidestorage shall be allowed, engaged in the rental of heavy equipment.

Rental Equipment, Light. A commercial establishment, where outside storage shall beallowed, engaged in the rental of light equipment.

Restaurant or Coffee Shop. An establishment where food is cooked or prepared, patrons dine on or off the premises, and where there is no drive-up or walk-up windowservice or service to customers in their vehicles.

Restaurant or Coffee Shop, Drive-Up. An establishment where food is cooked or prepared, patrons dine on or off the premises, and where there is drive-up or walk-upwindow service to customers in their vehicles.



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Restaurant, Catering. An establishment where food is cooked or prepared exclusivelyfor delivery off the premises by employees.

Retail Establishment. The provision of limited services or the sale of goods andmerchandise for a profit to the general public at large for use, benefit, or consumption.

Right-of-Way. The total width of any land reserved or dedicated as a road or a street, pedestrian way, or for other public or private use.

Road. That portion of a public thoroughfare or right-of-way intended for use byvehicles.

Salvage Yard. See “Junk Yard (Vehicular)” or “Recycling Facility.”

Satellite Dish Antenna. An accessory structure designed to receive television broadcastsrelayed by microwave signals from earth-orbiting communications satellites.

School. A public or non-profit educational facility.School, Commercial. Private, gainful business providing instructional service in generaleducation, arts, business, crafts, trades, and professions.

School, Industrial. Private, gainful business providing instruction in industrial trades, orin the service and operation of heavy equipment or heavy trucks, or any similar schoolrequiring outside storage.

Screen. To visually shield or obscure one abutting or nearby structure or use fromanother by means or opaque fencing, walls, berms, or densely-planted vegetation.

Setback. The required minimum distance between a structure and the front, side, or rearlot line.

Shopping Center. A group of commercial establishments located on a tract of land, planned and developed in a unified manner and design, with shared parking and drivewayfacilities and under a common ownership or management authority. A shopping centermay also include out parcels under separate ownership which share entrances and/or

parking with the shopping center.

Sidewalk. The improved portion of a public right-of-way that is intended for use by pedestrians or other improved area designated for pedestrian use.

Site Plan. A plan which outlines the use and development of any tract of land, and issigned, stamped, and dated by a professional engineer, licensed by the State of Alabama.

Special Exception Use. A use which is permitted in a particular zoning district only byspecial application and approval by the Board of Adjustment on such special exception asthey are authorized to rule on by the terms of this ordinance, and which is subject torestrictions and safeguards as to number, area, character, location or relation to the



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neighborhood. This use is permitted further subject to appropriate permits and/orlicenses being issued in accordance with the provisions of the ordinances of the City ofPelham. It should be noted that an application of a special exception is not an appeal,even though it is being considered by the board. In this case, the board is acting in anadministrative role and is applying the general provisions of the ordinance to a specificsite and project.

Story . That portion of a building other than a cellar, included between the surface of anyfloor and the surface of the floor next above it, or, if there be no floor above it, then thespace between the floor and the ceiling next above it.

Story, Half . A space under a sloping roof which has the line of intersection of roofdecking and wall face not more than three feet above the top floor level, and in whichspace not more than two thirds of the floor area is finished off for use. A half-storycontaining independent apartment or living quarters shall be counted as a full story.

Street . A thoroughfare which affords a principal means of access to abutting property

and which has been accepted by the city as a public street.Street Level. Any floor at the level of a public street or thoroughfare or private street or

parking lot utilized by the public for access to a building or adjacent or surrounding uses.A building may have more than one street level floor depending on its configuration andelevation of the parcel upon which it is sited.

Street Line . A dividing line between a lot, tract, or parcel of land and a contiguousstreet.

Street, Private. A right-of-way or easement in private ownership, not dedicated ormaintained as a public street, which affords the principal means of access to two or moresites.

Strip Mall. See “Shopping Center.”

Structure . Anything constructed or erected, the use of which required a location on theground, or attached to something having a location on the ground, including but notlimited to buildings, signs, billboards, back stops for tennis courts, fences or radio towers.

Structural Alteration . Any change in the supporting members of a building orstructure, such as bearing walls, columns, beams or girders; provided, however, that theapplication of any exterior siding to an existing building for the purpose of beautifyingand modernizing shall not be considered a structural alteration.

Subdivision. The division of a lot, tract, or parcel of land into two or more lots, plats,sites or other division or land, whether described by metes and bounds or by any otherdescription, for the purpose (whether immediate or future) of sale or of buildingdevelopment. It includes resubdivision and, when appropriate to the context, relates tothe process of subdividing or to the land or territory subdivided.



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psychological, emotional or behavioral problem or disorder as part of the general professional practice of such physician, psychiatrist, or psychologist, provided the practice does not provide overnight housing in conjunction with such services.

A treatment facility is not to be confused with a rehabilitation facility. For thedefinition of the latter, see “Rehabilitation Facility.”

Use . A use is the purpose for which land or building and structures thereon are designed,arranged, or intended to be used, occupied or maintained.

Variance. Relief granted pursuant to the provisions of Article XXVII, Section 9 –“Board of Adjustment – Variances”.

Vehicle and Equipment Sales or Rental (Major). A place of business engaged in thesale or rental of heavy trucks, construction equipment, tractors and farm implements andequipment, including the storage, maintenance and servicing of such vehicles andequipment.

Vehicle and Equipment Sales or Rental (Minor). A commercial establishmentengaged in the sale or rental of automobiles, light trucks, travel trailers, recreationalvehicles, motorcycles, boats or other watercraft, including the incidental parking, storage,maintenance, servicing and repair of such vehicles. All servicing and repair work shall

be performed within an enclosed building.

Vehicle Repair (Major). A place of business engaged in repair and maintenance ofmotor vehicles (see definition of “motor vehicle”) including painting, body work,rebuilding of engines or transmissions, upholstery work, fabrication of parts and similaractivities in which all work is performed entirely within an enclosed building.

Vehicle Repair (Minor). A place of business engaged in the sales, installation andservicing of mechanical equipment and parts, including audio equipment and electricalwork, lubrication, tune-ups, front end alignment, tire balancing, brake and muffler work,

battery recharging and/or replacement, and similar activities, and in which all work is performed entirely within an enclosed building.

Veterinary Hospital or Clinic. A place where small household pets are given medical orsurgical treatment and short term boarding of pets within an enclosed building may be

provided.

Warehousing, Wholesaling, and Distribution, Enclosed. A place of business engagedin warehousing, wholesaling, or distribution services enclosed within a building or groupof buildings.

Yard. An open space between a building or use and the adjoining lot lines; unoccupiedand unobstructed by any structure or use from the ground upward, except as otherwise

provided in Article XXII (Sign Ordinance). In measuring a yard for the purpose ofdetermining the width of a side yard, the depth of a front yard, or the depth of a rear yard,the minimum distance between the lot line and the principal building shall be used. A



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required yard shall mean a yard the depth of which is specified in the “Area andDimensional Regulations” pertaining to the district in which such a yard is required to be

provided.

Yard, Front. A yard, or yards in the case of a corner lot, extending across the full widthof the lot between the front lot line(s) and the nearest line of the principal building.

Yard, Rear. A yard extending across the full width of the lot between the rear lot lineand the nearest line of the principal building.

Yard, Side. A yard between the principal building and the side lot line and extendingfrom the required front yard to the required rear yard.

Zoning Map . The map referred to in Article IV, Section 3 of this ordinance.



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ARTICLE IV - ZONING DISTRICTS, MAP, BOUNDARIES, AND ANNEXEDPROPERTY

Section 1. Establishment of Districts. In order to carry out the intent and purpose of thisordinance, the City of Pelham is hereby divided into the following districts, the names and

purposes of which are set out below; the location, boundaries, and area of which are and shall be

as shown and depicted upon the zoning map.RESIDENTIAL DISTRICTSA-1 Agricultural DistrictE-1 Estate Residential DistrictR-1 Single-Family Residential DistrictR-2 Two-Family Residential DistrictR-G Garden Home Residential DistrictR-T Townhouse Residential DistrictR-A Apartment Residential DistrictPUD Planned Unit Development

COMMERCIAL DISTRICTSO-I Office and Institutional DistrictB-1 Neighborhood Business DistrictB-2 General Business DistrictB-3 Warehouse Business DistrictB-4 Mini-Warehouse DistrictPUD Planned Unit Development

INDUSTRIAL DISTRICTSM-1 Light Industrial District M-2 Heavy Industrial DistrictPUD Planned Unit Development

OVERLAY DISTRICT (for Commercial Property)CO Corridor Overlay District

Section 2. Establishment of Overlay District. In order to carry out the intent and purpose ofthis ordinance, there is hereby established an overlay district in Article XXI – “Corridor OverlayDistrict”; the location, boundaries, and area of which are and shall be shown and depicted uponthe zoning map.

Section 3. Zoning Map. The map which is identified by the title “Zoning Map of Pelham,Alabama,” and which, together with the legends, words, figures, letters, symbols, andexplanatory matter thereon, is hereby declared to be a part of this ordinance, shall be known asthe “zoning map” throughout this ordinance.



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Section 4. District Boundaries. The district boundary lines on said map are intended to followeither natural boundaries, streets or alleys or lot lines, and where the districts designated on saidmap are bounded approximately by such streets, alley or lot lines, the center line of the street oralley or the lot lines shall be the boundary of the district unless such boundary is otherwiseindicated on the map. In all other cases, the district boundary lines shall be determined by use ofthe scale appearing on the zoning map.

Section 5. Annexed Property. Any territory hereafter annexed to the City of Pelham,Alabama shall continue to be subject to the county zoning district regulations and classificationsas such territory was subject to at the time of annexation, until such territory shall have beenzoned by the City of Pelham, Alabama. Any unzoned territory hereafter annexed to the City ofPelham, Alabama shall be zoned A-1, (Agriculture) at the time of annexation and shall continueunder such zoning until changed by the City of Pelham, Alabama.



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ARTICLE V - GENERAL REGULATIONS

Section 1. Use of Land. No land shall be used except for a use permitted in the district inwhich it is located, except as provided in Article XXIV – “Supplementary Regulations andModifications”, Article XXVI – “Nonconforming Uses of Land and Buildings”, and ArticleXXVII – “Board of Adjustment.”

Section 2. Use of Structures. No structure shall be erected, converted, enlarged, reconstructed,moved or structurally altered, nor shall any building or structure be used, except for a use

permitted in the district in which such building is located, except as provided in Article XXIV –“Supplementary Regulations and Modifications”, Article XXVI – “Nonconforming Uses of Landand Buildings”, and Article XXVII – “Board of Adjustment.”

Section 3. Height of Structures. No structure shall be erected, converted, enlarged,reconstructed, moved, or structurally altered to exceed the height limit herein established for thedistrict in which such structure is located, except as provided in Article XXIV – “SupplementaryRegulations and Modifications”, Article XXVI – “Nonconforming Uses of Land and Buildings”,

and Article XXVII – “Board of Adjustment.”Section 4. Dimensional Regulations. No structure shall be erected, converted, enlarged,reconstructed, moved, or structurally altered except in conformity with the dimensionalregulations of the district in which such structure is located, except as provided in Article XXIV

– “Supplementary Regulations and Modifications”, Article XXVI – “Nonconforming Uses ofLand and Buildings”, and Article XXVII – “Board of Adjustment.”

Section 5. Zoning Requirements for Moving Buildings. Any building or structure which is to be moved to any location within the City Limits of Pelham, shall be considered for the purposeof this Ordinance to be a new building under construction, shall conform to the applicable

provisions of this Ordinance.

Section 6. Encroachment on or Reduction of Open Spaces, etc. The minimum yards, parkingspaces, and open space, required by this ordinance for each structure existing at the time of

passage of this ordinance, or for any structure hereafter erected or structurally altered, shall not be encroached upon or considered as part of the yard or parking space or open space required forany other structure, nor shall any lot area be reduced below the lot area per family requirementsof this ordinance for the districts in which such lot is located, except as provided in Article XXIV

– “Supplementary Regulations and Modifications”, Article XXVI – “Nonconforming Uses ofLand and Buildings”, and Article XXVII – “Board of Adjustment.”

Section 7. Off-Street Parking and Loading. No building shall be erected, converted, enlarged,reconstructed or moved except in conformity with the off-street parking and loading regulationsof Article XXIII – “Off-Street Parking and Loading Requirements” and Article XXIV –“Supplementary Regulations and Modifications.”

Section 8. Corner Visibility. No fence, wall, shrubbery, sign, marquee, or other obstruction tovision between 3½ and 10 feet above street level shall be permitted within 15 feet of theintersection of the right-of-way lines of two streets or railroads or of a street and a railroad or asotherwise required by this ordinance.



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Section 9. Building to be on Lots. Every building hereafter erected, converted, enlarged,reconstructed, moved or structurally altered shall be located on a lot herein defined except as

provided in Article XXVI – “Nonconforming Uses of Land and Buildings” and Article XXVII –“Board of Adjustment.”

Section 10. More than One Principal Building on One Lot. Except as provided in Article

XXVI – “Nonconforming Uses of Land and Buildings” and Article XXVII – “Board ofAdjustment”, there shall not be more than one principal building hereafter erected on one lot,with the exception of commercial or business complexes.

Section 11. Joint Occupancy. No structure shall be erected, structurally altered for, or used asa single-family or two-family dwelling simultaneously with any other use with the exceptions ofmini-warehouses as allowed in Article XVII – “B4 – Mini-Warehouse District”, and of anaccessory structure for the purpose of a dwelling for a watchman or custodian employed on the

premises as allowed in Article XVIII – “M1 – Light Industrial District”, Article XIX – “M2 –Heavy Industrial District”, and Article XX – “PUD Planned Unit Development District”, Section4, Item 7, - “Planned Mixed Use (P-MX).”

Section 12. Permits for Construction. No excavation for foundations, nor any erection, orstructural alteration of any structure shall be undertaken prior to appropriate permits having beenapproved by the Building Inspector/Building Official and issued by the City Clerk.

Section 13. Building Material Storage. Building materials or temporary structures forconstruction purposes shall not be placed or stored on any lot or parcel of land located in aResidential or Business Zone District before appropriate building permits have been approved bythe Building Inspector/Building Official and issued by the City Clerk.

Section 14. Lot Width at Street Line. All lots shall have access to a public street. Area anddimensional regulations shall be observed with respect to the appropriate zoning district.

Section 15. Abatement of Noise, Lighting, Smoke, Gas, Vibration, Fumes, Dust, Fire,Radio Interference, Explosion Hazard, or Nuisance. The building official and/or fire marshalmay require any use conforming or nonconforming, which results in unreasonable noise,lighting, smoke, gas, vibration, fumes, dust, fire, radio, interference, or explosion hazard, ornuisance to surrounding property to be modified or changed to abate such hazard to health,comfort, and convenience.

Section 16. Grading and Clearing. No lot shall be graded or cleared, nor shall the earthcontained in the lot be altered before appropriate permits concerning grading and sedimentationcontrol have been issued by the Engineering Department. In addition, if a permit is required bythe Alabama Department of Environmental Management, evidence of this permit must be

provided to the City of Pelham, along with any other necessary drawings, stormwatercalculations or other documents, prior to obtaining approval from the Engineering Departmentand before any work begins on the site. All disturbed ground left inactive for fourteen (14) daysshall be stabilized by seeding, hydroseeding, sodding, or landscaping.



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ARTICLE VI - A-1 AGRICULTURAL DISTRICT

Section 1. Intent. The intent of the A-1 Agricultural District is to hold these lands inagricultural, forestry, outdoor recreational, rural residential, and other limited yet compatibleuses until such time as higher density development patterns may be desired and City services can

be expanded to accommodate development. Agricultural uses do not include uses that may be

accessory to agriculture, such as retail or wholesale stores, nor does it include industries or businesses that support or are supported by agriculture. The regulations set forth in this article orset forth elsewhere in this ordinance, when referred to in this article, are the regulations in the A-1 Agricultural District.

Section 2. Permitted Uses1. Single-family residential dwellings.2. Accessory structures.3. Manufactured (mobile) homes on lots of a one acre minimum in size in

accordance with the requirements set forth in Article XXV, Section 9 – “DetailedUse Regulations – Manufactured (Mobile) Homes”.

4.

The raising and keeping of livestock or fowl, excluding meat and poultry processing (see Section 8 – Additional Regulations – Item 1, below for acreagerequirements).

5. The raising of crops, except in greenhouses, including trees, wildlife refuges, andforest preserves for the sale only of products produced on the same lot.

6. Stable.7. Riding academies.8. Home occupations in accordance with the requirements set forth in Article XXV,

Section 6 – “Detailed Use Regulations – Home Occupation”.9. Churches.10. Public Schools.11. Golf club or golf course. A par three golf course, miniature course, or practice

golf driving range operated for commercial purposes are prohibited.12. Recreational facilities designed and intended to serve only the residents of the

development.13. Home day care.

Section 3. Special Exception Use. A use which is permitted in a particular zoning district only by special application and approval by the Board of Adjustment on such special exception asthey are authorized to rule on by the terms of this ordinance, and which is subject to restrictionsand safeguards as to number, area, character, location or relation to the neighborhood. This useis permitted further subject to appropriate permits and/or licenses being issued in accordancewith the provisions of the ordinances of the City of Pelham. It should be noted that anapplication of a special exception is not an appeal, even though it is being considered by the

board. In this case, the board is acting in an administrative role and is applying the general provisions of the ordinance to a specific site and project. The following uses are granted subjectto approval by the Board of Adjustment, and further subject to appropriate permits and/orlicenses being issued:

1. Radio or television broadcasting studio or station. A minimum twenty-footlandscape buffer shall be required on all rear and side property lines, which abut aresidential district.



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Section 7. Landscape Buffer Regulations. Landscaping and buffers shall be in accordancewith the requirements for specific uses set forth in Article XXIV – “Supplementary Regulationsand Modifications” – Section 9 – “Landscaping and Buffers”.

Section 8. Sign Regulations. Any signage shall be in accordance with the requirements forspecific uses set forth in Article XXII – “Sign Ordinance”.

Section 9. Additional Regulations (when applicable)1. A minimum lot area of three (3) acres is required for the raising of livestock or

fowl, other than those animals permitted in the residential zones of the city. Atleast one acre of lot area shall be required for each livestock animal, horse, andsimilar animal. A maximum of twenty (20) fowl or poultry per acre shall be

permitted.2. Provision must be made to dispose of manure and other organic wastes in such a

manner as to avoid pollution of ground water or any lake or stream.3. Non-agricultural accessory buildings and structures may be built in a rear yard,

but such accessory buildings and structures shall not be nearer than ten feet to any

side or rear lot line.4. All structures, cages, pens, and other facilities used for the feeding or housing ofany livestock or fowl, which are not permitted within the residential zones of thecity, must be set back a minimum of two hundred (200) feet from any adjacent lotand seventy-five (75) feet from the front property line.



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ARTICLE VII - E-1 ESTATE RESIDENTIAL DISTRICT

Section 1. Intent. The intent of the E-1 Estate Residential District is to provide areas suitablefor single family residences on low density lots, free from other uses which are incompatiblewith the character and intent of the district. The regulations set forth in this article or set forthelsewhere in this ordinance, when referred to in this article, are the regulations in the E-1 Estate

Residential District.Section 2. Permitted Uses

1. Single-family residential dwellings2. Accessory structures.3. Home occupations in accordance with the requirements set forth in Article XXV,


golf driving range operated for commercial purposes are prohibited.

7.

Recreational facilities designed and intended to serve only the residents of thedevelopment.8. Home day care.



1. Broadcasting towers or wireless communications facilities shall be in accordancewith the requirements for specific uses set forth in Ordinance Number 374-2, orthe most current revision thereof.

Section 4. Prohibited Uses1. No accessory structures are to be allowed in the front yard of the principal

residence.2. Duplex or two-family dwellings.3. Multiple dwellings.4. All commercial and industrial uses except as specified in sections 2 and 3 of this

article, Article VII.5. Boats, trailers, campers, recreational vehicles, and similar items cannot be parked

in the front yard of a residence or in the portion of the driveway to the front of theresidence.



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Section 5. Area and Dimensional Regulations. Except as provided in Article XXIV –“Supplementary Regulations and Modifications” and XXVII – “Board of Adjustment” the areaand dimensional regulations set forth in the following table shall be observed.

Maximum Height ofStructures

Minimum Yards(Feet)

Minimum Lot AreaPer Family

Minimum LotWidth

Stories Feet Front Rear One

Side

Both

Sides

Acreage Feet

2 ½ 35 35 40 12 25 One Acre 125

Section 6. Parking Regulations. Off-street parking spaces shall be provided in accordancewith the requirements for specific uses set forth in Article XXIII – “Off-Street Parking andLoading Requirements”.



Section 9. Additional Regulations (when applicable)1. All utilities shall be under existing public street rights-of-way or easements.2. Accessory buildings and structures may be built in a rear yard, but such accessory

buildings and structures shall not occupy more than thirty percent of the requiredrear yard and shall not be nearer than ten feet to any side or rear lot line.



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ARTICLE VIII - R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

Section 1. Intent. The intent of the R-1 Single-Family Residential District is to provide areassuitable for single family residences on medium density lots, free from other uses which areincompatible with the character and intent of the district. The regulations set forth in this articleor set forth elsewhere in this ordinance, when referred to in this article, are the regulations in the

R-1 Single-Family Residential District.Section 2. Permitted Uses.

1. Single-family residential dwellings2. Accessory structures.3. Home occupations in accordance with the requirements set forth in Article XXV,


golf driving range operated for commercial purposes are prohibited.

7.

Recreational facilities designed and intended to serve only the residents of thedevelopment.8. Home day care.




Section 4. Prohibited Uses.1. No accessory structures are to be allowed in the front yard or in the side yard of

the principal residence.2. Duplex or two-family dwellings.3. Multiple dwellings.4. All commercial and industrial uses except as specified in sections 2 and 3 of this

article, Article VIII.5. Boats, trailers, campers, recreational vehicles, and similar items cannot be parked

in the front yard of a residence or in the portion of the driveway to the front of theresidence.



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Minimum Yards(Feet)


Minimum LotWidth

Stories Feet Front Rear One

Side

Both

Sides

Square Feet Feet

2 ½ 35 35 40 12 25 20,000 100




Section 9. Additional Regulations (when applicable)1. All utilities shall be under existing public street rights-of-way or easements.2. Accessory buildings and structures may be built in a rear yard, but such accessory




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ARTICLE IX - R-2 TWO-FAMILY RESIDENTIAL DISTRICT

Section 1. Intent. The intent of the R-2 Two-Family Residential District is to provide areassuitable for two-family duplex residences on medium density lots, free from other uses which areincompatible with the character and intent of the district. The regulations set forth in this articleor set forth elsewhere in this ordinance, when referred to in this article, are the regulations in the

R-2 Two-Family Residential District.Section 2. Permitted Uses

1. Two-family residential dwellings2. Accessory structures.3. Home occupations in accordance with the requirements set forth in Article XXV,

Section 6 – “Detailed Use Regulations – Home Occupation”.4. Churches.5. Public Schools.6. Recreational facilities designed and intended to serve only the residents of the

development.

7.

Group homes/family care homes for ten or less mentally ill or retarded persons to be located only in R-2 Two-Family Residential District. Said group home must belicensed by the State of Alabama and permitted by the City of Pelham. Alsoreference “Code of Alabama” - Section 11-52-75.1, in accordance with therequirements of the Detailed Use Regulations set forth in Article XXV, Section 3

– “Detailed Use Regulations – Group Home/Family Care Home”.8. Home day care.




Section 4. Prohibited Uses1. No accessory structures are to be allowed in the front yard or in the side yard of

the principal residence.2. Single-family dwellings.3. Multiple dwellings, with the exception of the permitted uses listed above in this

article, Article IX.4. All commercial and industrial uses except as specified in sections 2 and 3 of this

article, Article IX.



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5. Boats, trailers, campers, recreational vehicles, and similar items cannot be parkedin the front yard of a residence or in the portion of the driveway to the front of theresidence in the R-2 Two-Family Residential District. An additional lot may be

provided for these items as set forth in Article IX, Section 9, “AdditionalRegulations,” Number 3.



Minimum Yards(Feet)


Minimum LotWidth

Stories Feet Front Rear OneSide

BothSides

Square Feet Feet

2 ½ 35 30 30 10 20 10,000 90

Section 6. Parking Regulations. Off-street parking spaces shall be provided in accordancewith the requirements for specific uses set forth in Article XXIII – “Off-Street Parking and

Loading Requirements”.



Section 9. Additional Regulations (when applicable)1. Accessory buildings and structures may be built in a rear yard, but such accessory

buildings and structures shall not occupy more than thirty percent of the requiredrear yard and shall not be nearer than ten feet to any side or rear lot line.2. All utilities shall be under existing public street rights-of-way or easements.3. A screened storage area may be provided at the developer’s discretion on a

separate lot or common area with a suitable paved bituminous or concrete surfacefor parking boats, trailers, campers, recreational vehicles, and similar items tocontain a minimum of one space per unit, if no garage space is provided for theseitems within the residence. None of the vehicles listed above can be parked in thefront yard of a residence or in the portion of the driveway to the front of theresidence. Any screening used in the R-2 Two-Family Residential District shall

be in accordance with the requirements for specific uses set forth in Article

XXIV, Section 13 – “Supplementary Regulations and Modifications –Screening”.



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ARTICLE X - R-G GARDEN HOME RESIDENTIAL DISTRICT

Section 1. Intent. The intent of the R-G Garden Home Residential District is to provide areassuitable for single family residences to achieve maximum open space, free from other uses whichare incompatible with the character and intent of the district. The regulations set forth in thisarticle or set forth elsewhere in this ordinance, when referred to in this article, are the regulations

in the R-G Garden Home Residential District.Section 2. Permitted Uses

1. Single-family residential dwellings and accessory structures. Reference Section 9of this article for additional regulations on accessory structures in this zoningdistrict.

2. Home occupations in accordance with the requirements set forth in Article XXV,Section 6 – “Detailed Use Regulations – Home Occupation”.

3. Churches.4. Public Schools.5. Golf club or golf course. A par three golf course, miniature course, or practice

golf driving range operated for commercial purposes are prohibited.6. Recreational facilities designed and intended to serve only the residents of thedevelopment.

7. Home day care.




Section 4. Prohibited Uses1. No accessory structures are to be allowed in the front yard or in the side yard of

the principal residence.2. Duplex or two-family dwellings.3. Multiple dwellings.4. All commercial and industrial uses except as specified in sections 2 and 3 of this

article, Article X.



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5. Boats, trailers, campers, recreational vehicles, and similar items cannot be parkedin the front yard of a residence or in the portion of the driveway to the front of theresidence in the R-G Garden Home Residential District. An additional lot may be

provided for these items as set forth in Article X, Section 9, “AdditionalRegulations,” Number 7.



Minimum Yards(Feet)

* Minimum LotArea Per Family

Minimum LotWidth

Stories Feet Front Rear OneSide

BothSides

Square Feet Feet

2 ½ 35 25 25 10 20 7,000 70

* Maximum Density - 6 Dwellings per Acre




Section 9. Additional Regulations (when applicable)1. Accessory buildings and structures may be built in a rear yard, but such accessory


2. All residences in this zoning shall have a garage for the storage of a minimum ofone vehicle.

3. A storage facility consisting of not less than forty-eight square feet of floor areashall be included and enclosed with the garage space.

4. There shall be a minimum of two parking spaces per garden home outside of theright-of-way line. Driveways shall be designed to allow a full vehicle length priorto garage entry.

5. All utilities shall be under existing public street rights-of-way or easements.6. If garages are provided in the rear of the residence, then an unobstructed fifteen-

foot ingress and egress easement for a driveway paved with a suitable hard bituminous or concrete surface shall be provided to access the rear of eachresidence.



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7. A screened storage area may be provided at the developer’s discretion on aseparate lot or common area with a suitable paved bituminous or concrete surfacefor parking boats, trailers, campers, recreational vehicles, and similar items tocontain a minimum of one space per unit, if no garage space is provided for theseitems within the residence. None of the vehicles listed above can be parked in thefront yard of a residence or in the portion of the driveway to the front of the

residence. Any screening used in R-G Garden Home Residential District Zoningshall be in accordance with the requirements for specific uses set forth in ArticleXXIV, Section 13 – “Supplementary Regulations and Modifications –Screening”.



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ARTICLE XI - R-T TOWNHOUSE RESIDENTIAL DISTRICT

Section 1. Intent. The intent of the R-T Townhouse Residential District is to provide areassuitable for single family townhouse residences to achieve maximum open space, free from otheruses which are incompatible with the character and intent of the district. The regulations setforth in this article or set forth elsewhere in this ordinance, when referred to in this article, are the

regulations in the R-T Townhouse Residential District.Section 2. Permitted Uses

1. Townhouse residential dwellings.2. Churches.3. Public Schools.4. Recreational facilities designed and intended to serve only the residents of the

development.

Section 3. Special Exception Use. A use which is permitted in a particular zoning district only by special application and approval by the Board of Adjustment on such special exception as

they are authorized to rule on by the terms of this ordinance, and which is subject to restrictionsand safeguards as to number, area, character, location or relation to the neighborhood. This useis permitted further subject to appropriate permits and/or licenses being issued in accordancewith the provisions of the ordinances of the City of Pelham. It should be noted that anapplication of a special exception is not an appeal, even though it is being considered by the



Section 4. Prohibited Uses1. Accessory structures.2. Duplex or two-family dwellings.3. Apartment dwellings.4. Home occupations.5. Home day care.6. All commercial and industrial uses except as specified in sections 2 and 3 of this

article, Article XI.7. Boats, trailers, campers, recreational vehicles, and similar items cannot be parked

in the front yard of a residence or in the portion of the driveway to the front of theresidence in the R-T Townhouse Residential District. An additional lot may be

provided for these items as set forth in Article XI, Section 9, “AdditionalRegulations,” Number 7.



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MaximumHeight ofStructures

Minimum Yards(Feet)


MinimumLot

Width

Stories Feet Front Rear Sides Square Feet Feet2 ½ 35 25 25 0 - interior units

10 – to side lotline for end

units

2,400 for interior units

3,400 minimum average lotarea for each detached group

of townhouses

24




Section 9. Additional Regulations (when applicable)1. A storage facility consisting of not less than forty-eight square feet of floor area

shall be required and designed to structurally compliment the building in eachtownhouse unit.

2.

If a garage is provided with the townhouse unit, then the forty-eight square-footstorage facility, previously described in Item # 1, may be included and enclosedwith the garage space.

3. There shall be a minimum of two parking spaces per unit outside of the right-of-way line. Townhouse parking spaces shall not be allowed along streets.Driveways shall be designed to allow a full vehicle length prior to garage entry.

4. All utilities shall be under existing public street rights-of-way or easements.5. Townhouses may have multiple stories or combinations of one and two-story

sections; however, in no case shall one unit be above another.6. Each townhouse shall be designed and constructed so as to enable the sale of each

as a separate housing unit.



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7. A screened storage area may be provided at the developer’s discretion on aseparate lot or common area with a suitable paved bituminous or concrete surfacefor parking boats, trailers, campers, recreational vehicles, and similar items tocontain a minimum of one space per unit, if no garage space is provided for theseitems within the residence. None of the vehicles listed above can be parked in thefront yard of a residence or in the portion of the driveway to the front of the

residence. Any screening used in R-T Townhouse Residential District Zoningshall be in accordance with the requirements for specific uses set forth in ArticleXXIV, Section 13 – “Supplementary Regulations and Modifications –Screening”.

8. A fifteen-foot ingress, egress, drainage, and utility easement shall be provided onthe sides and the rear of each townhouse structure for the use and access to therear of each unit within that structure. This easement shall be unobstructed withno fences, utilities, or structures of any type.

9. If garages are in the rear of townhouse units, then the fifteen-foot easement, previously described in Item # 8, shall be paved with a suitable hard bituminousor concrete surface along the sides and rear of each townhouse structure.



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ARTICLE XII - R-A APARTMENT DWELLING DISTRICT

Section 1. Intent. To provide multifamily residential areas in which open space andcompatibility with residential neighborhoods are primary considerations. The regulations setforth in this article or set forth elsewhere in this ordinance, when referred to in this article, are theregulations in the R-A Apartment Dwelling District.

Section 2. Permitted Uses.1. Apartment residential dwellings.2. Accessory structures, such as a rental office, coin laundry, vending machines,

snack bar, garage structures, centrally located mail facility, etc., for the operationof an apartment complex and for use by only the residents and employees. Thesestructures shall be subject to business license requirements, if applicable.

3. Churches.4. Public Schools.5. Recreational facilities designed and intended to serve only the residents of the

development.




Section 4. Prohibited Uses1. Single-family dwellings.2. Duplex or two-family dwellings.3. Townhouse dwellings.4. Home occupations.5. Home day care.6. All commercial and industrial uses except as specified in sections 2 and 3 of this

article, Article XII.7. Boats, trailers, campers, recreational vehicles, and similar items cannot be parked

anywhere on the lot, in the required parking area of the apartment complex, or onthe street in the R-A Apartment Residential District. An additional lot may be

provided for these items as set forth in Article XII, Section 9, “AdditionalRegulations,” Number 3.



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MinimumYards(Feet)

Minimum SideYards

Minimum Lot Area Minimum LotWidth

Stories Feet Front Rear Feet Acreage Feet3 50 35 35 25 One Acre 200

* Maximum Density - 10 Apartment Dwelling Units per Acre

1. Building Separation Requirements – Front, Rear, and Side: More than one(1) apartment building may be located upon a lot or tract, but such building shallnot encroach upon the front, side, or rear yards required herein for the district, andthe open space between protruding portions of buildings measured at the closest

point shall be not less than twenty (20) feet for one (1) story buildings, thirty (30)feet when one or both are two (2) story buildings, and an additional ten (10) feetseparation for each additional story when one or both buildings exceed two

stories.



Section 8. Sign Regulations. Any signage shall be in accordance with the requirements for

specific uses set forth in Article XXII – “Sign Ordinance”.

Section 9. Additional Regulations (when applicable)1. A storage facility consisting of a floor area of not less than four feet by four feet

shall be required and designed to structurally compliment the building in eachapartment unit.

2. All utilities shall be underground.3. A screened storage area shall be maintained on a separate lot or common area

with a suitable paved bituminous or concrete surface for parking boats, trailers,campers, recreational vehicles, and similar items to contain a minimum of onespace per twenty units, if no garage space is provided for these items within the

apartment complex. The vehicles listed above can only be parked in a designatedgarage space or the designated screened storage area. Any screening used in R-AApartment Residential District Zoning shall be in accordance with therequirements for specific uses set forth in Article XXIV, Section 13 –“Supplementary Regulations and Modifications – Screening”.

4. A playground or park area shall be provided and maintained in a safe condition.5. A designated car wash area shall be established and approved by the Alabama

Department of Environmental Management.



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6. Any garbage/refuse service areas shall be limited to the principal building orcomplex it serves, screened to a height which is adequate to conceal such facilitiesfrom public view, and covered if a sewer drain is required in the dumpster facility.All screening shall be in accordance with the requirements for specific uses setforth in Article XXIV, Section 13 – “Supplementary Regulations andModifications – Screening”.



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ARTICLE XIII - O-I OFFICE AND INSTITUTIONAL DISTRICT

Section 1. Intent. The O-I Office and Institutional District is provided for the orderlyarrangement of institutional, clerical, and administrative space. The regulations set forth in thisarticle or set forth elsewhere in this ordinance, when referred to in this article, are the regulationsin the O-I Office and Institutional District.

Section 2. Permitted Uses.1. A public, semi-public or private office.2. Research or testing laboratories compatible with other permitted uses.3. Church, school, or orphanage.4. School, Commercial.5. Auditorium, library, and museum operated by non-profit organizations.6. Radio or television broadcasting studio or station. However, broadcasting towers

or wireless communications facilities, shall only be allowed as a special exceptionuse as provided in Section 3 of this article, and shall also be in accordance withthe requirements for specific uses set forth in Ordinance Number 374-2, or the

most current revision thereof.7. Assisted living facility.8. Day care center, in accordance with the requirements of the Detailed Use

Regulations set forth in Article XXV, Section 5.9. Buildings in excess of 5,000 square feet of floor space and used exclusively for

office purposes, may allocate up to fifteen (15) percent of such space forcommercial and service establishments such as snack-bars, gift or specialty shops,quick copy services, and similar uses. Any type of restaurant must be appropriateto an office building environment and primarily intended for service to the office

building tenants, visitors, or patients.10. Hospitals in accordance with the requirements of the Detailed Use Regulations set

forth in Article XXV, Section 14.11. Retirement and Nursing Homes in accordance with the requirements of the

Detailed Use Regulations set forth in Article XXV, Section 15.12. Lodges, fraternal and social organizations, headquarters for scout and other youth

organizations, YMCA and YWCA facilities.13. Rehabilitation Facility (Not to be confused with “Treatment Facility”). See

definitions for both.14. Business offices used exclusively for office purposes, wherein retail or wholesale

trade or business is not conducted or wherein no merchandise or products aremanufactured, stored, handled, conveyed, sold or otherwise disposed of.

15. Professional offices occupied by architects, attorneys, dentists, engineers, physicians, and other similar professionals.



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Section 3. Special Exception Use. A use which is permitted in a particular zoning district only by special application and approval by the Board of Adjustment on such special exception asthey are authorized to rule on by the terms of this ordinance, and which is subject to restrictionsand safeguards as to number, area, character, location or relation to the neighborhood. This useis permitted further subject to appropriate permits and/or licenses being issued in accordancewith the provisions of the ordinances of the City of Pelham. It should be noted that an

application of a special exception is not an appeal, even though it is being considered by the board. In this case, the board is acting in an administrative role and is applying the general provisions of the ordinance to a specific site and project. The following uses are granted subjectto approval by the Board of Adjustment, and further subject to appropriate permits and/orlicenses being issued:


2. Communal Living Facility.3. Treatment Facilities in accordance with the requirements of Ordinance # 288-5,

dated April 3, 2006 (Not to be confused with “Rehabilitation Facility”). See

definitions for both.Section 4. Prohibited Uses

1. No outside storage of any kind shall be allowed.2. Residential dwellings.3. All commercial and industrial uses except as specified in sections 2 and 3 of this

article, Article XIII.4. Repair garages or storage yards for materials, vehicles or equipment, warehouses,

buildings and other facilities having commercial or industrial characteristics.5. Buildings used or intended to be used as detention, correctional, or penal

institutions.6. The required parking spaces, maneuvering drive aisles, and pedestrian areas on a

parcel in the O & I Office and Institutional District, are not to be used in waysother than the intended designed uses for those areas.

7. No vehicles of any kind or no merchandise or materials of any kind associatedwith a business shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.

8. No storage trailers or temporary storage containers shall be allowed for storage onthe premises.



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Minimum Yards(Feet)

Minimum SideYards


Stories Feet Front Rear Feet Square Feet Feet4 60 50 * None ** None *** See Below 50

* No rear setback - except on the rear of a lot abutting a dwelling district, in whichcase there shall be a rear yard of not less than 20 feet, and in accordance with therequirements set forth in Article XXIV, Section 9 – “Supplementary Regulationsand Modifications – Landscaping and Buffers”.

** No side yard setback - except on the side of a lot abutting a dwelling district inwhich case there shall be a side yard of not less than 20 feet, and in accordancewith the requirements set forth in Article XXIV, Section 9 – “SupplementaryRegulations and Modifications – Landscaping and Buffers”.

*** The size of the lot must be adequate to allow for the building and setbacks plusrequired parking, driveways, landscaping, delivery vehicles, refuse collectionfacilities, buffers, etc.




Section 9. Additional Regulations (when applicable)1. All utilities shall be underground in new office parks.2. Any garbage/refuse service areas shall be limited to the rear or side of the

principal building or complex it serves, screened to a height which is adequate toconceal such facilities from public view, and covered if a sewer drain is requiredin the dumpster facility. Any screening used in O & I Office and InstitutionalDistrict Zoning shall be in accordance with the requirements for specific uses set

forth in Article XXIV, Section 13 – “Supplementary Regulations andModifications – Screening”.



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ARTICLE XIV - B-1 NEIGHBORHOOD BUSINESS DISTRICT

Section 1. Intent. To establish and preserve areas for those commercial facilities which areespecially useful in close proximity to residential areas, while minimizing the undesirable impactof such uses on the neighborhoods which they serve. The regulations set forth in this article orset forth elsewhere in this ordinance, when referred to in this article, are the regulations in the B-

1 Neighborhood Business District.Section 2. Permitted Uses

1. Any use permitted in the O-I Zoning, however, the requirements set forth in O-IOffice and Institutional District, Article XIII, shall apply to this permitted use.

2. Churches.3. Public schools.4. Private schools, where the type of school is compatible with nearby residential

areas.5. Barber or beauty shops.6. Banks or lending institutions.

7.

Drug stores.8. Dry cleaning outlets.9. Grocery stores.10. Bakery with sale of all bakery products at retail on the premises only; except, that

catering services direct to consumer shall be permitted.11. Restaurant or coffee shop; with no drive-up or walk-up window service or service

to customers in their vehicles.12. Retail Establishment, limited in character and size to that which is of service to

the City of Pelham only.13. Shoe repair.14. Business, dancing, and/or music school.15. Utility service building.






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Section 4. Prohibited Uses1. No outside storage of any kind shall be allowed.2. Residential dwellings.3. Repair garages or storage yards for materials, vehicles or equipment, warehouses,

buildings and other facilities having commercial or industrial characteristics.4. The required parking spaces, maneuvering drive aisles, and pedestrian areas on a

parcel in the B-1 Neighborhood Business District, are not to be used in ways otherthan the intended designed uses for those areas.5. No vehicles of any kind or no merchandise or materials of any kind associated

with a business shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.




Minimum Yards(Feet) Minimum SideYards Minimum Lot Area Minimum LotWidth

Stories Feet Front Rear Feet Square Feet Feet3 42 50 * None ** None *** See Below None


** No side yard setback - except on the side of a lot abutting a dwelling district in

which case there shall be a side yard of not less than 20 feet, and in accordancewith the requirements set forth in Article XXIV, Section 9 – “SupplementaryRegulations and Modifications – Landscaping and Buffers”.







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ARTICLE XV - B-2 GENERAL BUSINESS DISTRICT

Section 1. Intent. To establish and preserve a retail business district convenient to the publicand attractive for a wide range of retail uses. The regulations set forth in this article or set forthelsewhere in this ordinance, when referred to in this article, are the regulations in the B-2General Business District.

Section 2. Permitted Uses.1. Any use permitted in the B1 Zoning, however, the requirements set forth in B1

Neighborhood Business District, Article XIV, shall apply to this permitted use.2. Retail Establishment.3. Bakery.4. Department stores.5. Furniture stores.6. Grocery stores.7. Shopping Centers in accordance with the requirements of the Detailed Use

Regulations set forth in Article XXV, Section 8.

8.

Bank or Financial Service.9. Motels and hotels.10. Motion picture theater.11. All types of restaurants.12. Auto parts store.13. Recreational vehicles, which are not self-propelled, or travel trailer display and

sales room, but not including mobile homes.14. Motor Vehicle Sales Lot in accordance with the requirements of the Detailed Use

Regulations set forth in Article XXV, Section 11.15. Minor vehicle repair or servicing. (See definition)16. Vehicle Repair (Major), farm implement, or trailer repair or servicing, with

damaged or inoperable items to be screened in a separate paved lot with a bituminous or concrete surface, all in accordance with the requirements of theDetailed Use Regulations set forth in Article XXV, Section 13.

17. Farm implement display and sales room.18. Rental Establishment, with no outside storage of any kind. (See definition)19. Rental and Sales of Light Equipment.20. Building material sales – no outside lumber yard.21. Hardware store with no outside sales or storage allowed.22. Veterinary clinic, veterinary hospital, dog training facility, or boarding facility –

(no outside kennels or dog runs), in accordance with the requirements of theDetailed Use Regulations set forth in Article XXV, Section 16.

23. Carpentry, painting, plumbing, tinsmithing, and electrical shops; provided, that allwork on the premises is done within a building, and all materials are stored in a

building. None of these uses shall create any objectionable noise, vibrations,smoke, dust, odor, heat, glare, or pollutants.

24. Warehouses, distribution centers and office warehouses, not to include mini-warehouses.

25. Gasoline service station in accordance with the requirements of the Detailed UseRegulations set forth in Article XXV, Section 12.

26. Convenience Store.



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27. Amusement or recreation service, except drive-in theater or practice golf-drivingrange.

28. Medical or dental laboratory.29. Churches.30. Public schools.31. Private schools.

32. Short-Term and Seasonal Businesses, in accordance with the requirements of theDetailed Use Regulations set forth in Article XXV, Section 17.

33. Special Events, in accordance with the requirements of the Detailed UseRegulations set forth in Article XXV, Section 18.

34. Laundromat.

Section 3. Special Exception Use. A use which is permitted in a particular zoning district only by special application and approval by the Board of Adjustment on such special exception asthey are authorized to rule on by the terms of this ordinance, and which is subject to restrictionsand safeguards as to number, area, character, location or relation to the neighborhood. This useis permitted further subject to appropriate permits and/or licenses being issued in accordance

with the provisions of the ordinances of the City of Pelham. It should be noted that anapplication of a special exception is not an appeal, even though it is being considered by the board. In this case, the board is acting in an administrative role and is applying the general provisions of the ordinance to a specific site and project. The following uses are granted subjectto approval by the Board of Adjustment, and further subject to appropriate permits and/orlicenses being issued:


Section 4. Prohibited Uses1. No outside storage of any kind shall be allowed, with the exception of sales and

rental of automobiles, light trucks, travel trailers, utility trailers, recreationalvehicles, and light equipment and farm implements normally stored outside.

2. Residential dwellings.3. The required parking spaces, maneuvering drive aisles, and pedestrian areas on a

parcel in the B-2 General Business District, are not to be used in ways other thanthe intended designed uses for those areas.

4. No vehicles of any kind or no merchandise or materials of any kind associatedwith a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.


6. None of the above activities listed in “Section 2 – Permitted Uses” shall involveresource production, foundries, processing or refining of raw materials such asore, metals, rubber, plastic, fuel, petroleum, nor storage or disposal of hazardouschemicals or wastes.



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Minimum Yards(Feet)

Minimum SideYards


Stories Feet Front Rear Feet Square Feet Feet6 75 50 * None ** None *** See Below No Minimum







Section 9. Additional Regulations (when applicable)1. All utilities shall be underground in new commercial parks in B-2 General

Business District Zoning.2. Any garbage/refuse service areas shall be limited to the rear or side of the

principal building or complex it serves, screened to a height which is adequate toconceal such facilities from public view, and covered if a sewer drain is requiredin the dumpster facility. Any screening used in B-2 General Business District

Zoning shall be in accordance with the requirements for specific uses set forth inArticle XXIV, Section 13 – “Supplementary Regulations and Modifications –Screening”.

3. When adjacent to a residential zone, exterior lighting fixtures, including lightingfor parking areas, walkways, general illumination or any other purposes, shall beconstructed to direct the beam away from any residential area and to direct the

beam entirely onto the property of the business.



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ARTICLE XVI - B-3 WAREHOUSE BUSINESS DISTRICT

Section 1. Intent. To establish and preserve a warehouse business district which provides retailactivity in support thereof. The regulations set forth in this article or set forth elsewhere in thisordinance, when referred to in this article, are the regulations in the B-3 Warehouse BusinessDistrict.

Section 2. Permitted Uses1. Carpentry, painting, plumbing, tinsmithing, electrical, and other like shops,

provided that all work on the premises is done within a building and all materialsare stored in a building. None of these uses shall create any objectionable noise,vibrations, smoke, dust, odor, heat, glare, or pollutants.

2. Warehouses used in connection with or accessory to permitted uses of thisdistrict. No building shall be used for a warehouse unless at least ten percent ofthe total floor area is occupied by a permitted use of this district. All warehouse

buildings shall be enclosed structures.




Section 4. Prohibited Uses1. No outside storage of any kind shall be allowed.2. Residential dwellings.3. The required parking spaces, maneuvering drive aisles, and pedestrian areas on a

parcel in the B-3 Warehouse Business District, are not to be used in ways otherthan the intended designed uses for those areas.






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Minimum Yards(Feet)

Minimum SideYards









Section 9. Additional Regulations (when applicable)1. All utilities shall be underground in new commercial warehouse parks in B-3

Warehouse Business District Zoning.2. Any garbage/refuse service areas shall be limited to the rear or side of the

principal building or complex it serves, screened to a height which is adequate toconceal such facilities from public view, and covered if a sewer drain is requiredin the dumpster facility. Any screening used in B-3 Warehouse Business District

Zoning shall be in accordance with the requirements for specific uses set forth inArticle XXIV, Section 13 – “Supplementary Regulations and Modifications –Screening”.


beam entirely onto the property of the business.



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ARTICLE XVII - B-4 MINI-WAREHOUSE DISTRICT

Section 1. Intent. To establish and preserve a mini-warehouse district convenient to thecitizens of Pelham, but not in close proximity to impact residential areas. The regulations setforth in this article or set forth elsewhere in this ordinance, when referred to in this article, are theregulations in the B-4 Mini-Warehouse District.

Section 2. Permitted Uses. A building or premises shall be used only for the following purposes:

1. Mini-Warehouses – defined as a building or structure which is designed or usedfor the storage of goods, wares, or merchandise, and located in a controlled-accessand fenced compound. The building or group of buildings shall be comprised offive or more individual storage spaces, which are rented to the public withseparate access to each space, and conforming to the generally accepted conceptof such warehouses.

2. A business, licensed by the City of Pelham, where the primary purpose is the saleand service of merchandise associated with a moving or storage business.

3.

The rental to the general public of moving trucks, vans, or trailers that do notrequire a Commercial Driver’s License (CDL), issued by the State of Alabama, or by any other state that issues a CDL recognized by the State of Alabama. Trailersreferred to in this section shall be enclosed or open trailers designed for hauling,

but shall not include mobile homes or office trailers.




Section 4. Prohibited Uses1. No outside storage of any kind shall be allowed, with the exception of the storage

of items described below in Section 9,“Additional Regulations”, Item 4.2. Temporary storage containers shall not be allowed as outside storage in B-4 Mini-

Warehouse District Zoning.3. No storage of perishable items or other hazardous use items that may cause a

health hazard or highly combustible, flammable or explosive products ormaterials.



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4. No display, sale or manufacture of goods, wares, and merchandise are allowed onthe premises or within individual storage units, with the exception of the primary

business, licensed by the City of Pelham, conducting the sale and service ofmerchandise associated with a moving or storage business.

5. Residential dwellings, except for accessory structures including a dwelling for awatchman or custodian employed on the premises.

6.

The required parking spaces, maneuvering drive aisles, and pedestrian areas on a parcel in the B-4 Mini-Warehouse District, are not to be used in ways other thanthe intended designed uses for those areas.



Maximum

Height ofStructures

Minimum Yards

(Feet)

Minimum Side

Yards

Minimum Lot Area Minimum Lot

WidthStories Feet Front Rear Feet Acreage Feet

*1 15 50 ** None *** None **** 3 Acres No Minimum

* If the facility has climate controlled storage units and the entrance to each storageunit is from the inside of the building, then a height of two stories or 30 feet isallowed.

** No rear setback - except on the rear of a lot abutting a dwelling district, in whichcase there shall be a rear yard of not less than 20 feet, and in accordance with therequirements set forth in Article XXIV, Section 9 – “Supplementary Regulations

and Modifications – Landscaping and Buffers”.*** No side yard setback - except on the side of a lot abutting a dwelling district inwhich case there shall be a side yard of not less than 20 feet, and in accordancewith the requirements set forth in Article XXIV, Section 9 – “SupplementaryRegulations and Modifications – Landscaping and Buffers”.

**** The size of the lot must be adequate to allow for the building and setbacks plusrequired parking, driveways, landscaping, delivery vehicles, refuse collectionfacilities, buffers, etc.






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Section 9. Additional Regulations (when applicable)1. All utilities shall be underground in new commercial warehouse parks in B-4

Mini-Warehouse District Zoning.2. Any garbage/refuse service areas shall be limited to the rear or side of the

principal building or complex it serves, screened to a height which is adequate toconceal such facilities from public view, and covered if a sewer drain is required

in the dumpster facility. Any screening used in B-4 Mini-Warehouse DistrictZoning shall be in accordance with the requirements for specific uses set forth inArticle XXIV, Section 13 – “Supplementary Regulations and Modifications –Screening”.


beam entirely onto the property of the business.4. A screened storage area with a suitable paved bituminous or concrete surface is

required, if parking is provided for boats, trailers, campers, recreational vehicles,and similar items only. These parking areas, if visible from public roads, shall be

screened and buffered from view. Any screening used in B-4 Mini-WarehouseDistrict Zoning shall be in accordance with the requirements for specific uses setforth in Article XXIV, Section 13 – “Supplementary Regulations andModifications – Screening”.

5. An accessory office building and/or an accessory structure for the purpose of adwelling for a watchman or custodian employed on the premises is allowed.

6. There shall be a maximum density of 15,000 square feet of mini-warehouse floorarea per acre.



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ARTICLE XVIII - M-1 LIGHT INDUSTRIAL DISTRICT

Section 1. Intent. To establish and preserve areas for industrial and selected commercial usesthat are compatible with light industry. The regulations set forth in this article or set forthelsewhere in this ordinance, when referred to in this article, are the regulations in the M-1 LightIndustrial District.

Section 2. Permitted Uses. A building or premises shall be used only for the following purposes:

1. Any use permitted in the B2 Zoning, however, the requirements set forth in B-2General Business District, Article XVIII, shall apply to this permitted use.

2. Industrial parks in accordance with the requirements of the Detailed Use Regulationsset forth in Article XXV, Section 7.

3. Contractor’s or construction dealer’s yard.4. Garden center or nursery.5. Grain and feed storage.6. Heating fuel or building material storage or wholesaling provided, that the materials

shall not be extracted or processed on the premises.7. Lumber yard, not to include the processing of raw materials.8. Radio or television broadcasting studio or station. However, broadcasting towers or

wireless communications facilities, shall only be allowed as a special exception use as provided in Section 3 of this article, and shall also be in accordance with therequirements for specific uses set forth in Ordinance Number 374-2, or the mostcurrent revision thereof.

9. Mobile Home Sales, provided all parking areas and all maneuvering areas shall be properly prepared using bituminous or concrete paving, in accordance with therequirements set forth in Article XXIV – “Supplementary Regulations andModifications” – Section 14 – “Each Business to be Located in Permanent Building”.

10. Motor Home Sales, in accordance with the requirements set forth in Article XXV –“Detailed Use Regulations” – Section 11 – “Motor Vehicle Sales Lots”.

11. School, Industrial.12. Truck and Bus Terminal, provided all parking areas and all maneuvering areas shall

be properly prepared using bituminous or concrete paving.13. Heavy truck sales and rental, provided all parking areas and all maneuvering areas

shall be properly prepared using bituminous or concrete paving.14. Heavy Equipment Sales and Rental, provided all parking areas and all maneuvering

areas shall be properly prepared using bituminous or concrete paving.15. Major vehicle, farm implement, or trailer repair or servicing, with damaged or

inoperable items to be screened in a separate paved lot with a bituminous or concretesurface, all in accordance with the requirements of the Detailed Use Regulations setforth in Article XXV, Section 13.

16. Assembly of parts for production of finished equipment.17. Railroad installation.18. Warehouse.19. Bottling plant or dairy.20. Veterinary clinic, veterinary hospital, dog training facility, or boarding facilities, with

outside kennels or dog runs allowed, in accordance with the requirements of theDetailed Use Regulations set forth in Article XXV, Section 16.



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21. Short-Term and Seasonal Businesses, in accordance with the requirements of theDetailed Use Regulations set forth in Article XXV, Section 17.

22. Special Events, in accordance with the requirements of the Detailed Use Regulationsset forth in Article XXV, Section 18.

23. Accessory structures including a dwelling for a watchman or custodian employed onthe premises, in accordance with the requirements for specific uses set forth in Article

XVIII, Section 3, Item 3, when adjacent to residentially or agriculturally zoned property.24. Manufacturing, fabricating, processing, or assembling uses which do not create any

danger to health or safety in surrounding area, and which do not create anyobjectionable noise, vibrations, smoke, dust, odor, heat, glare, or pollutants, such asthe following.

a. Boats (less than five ton) b. Bolts, nuts, screws, washers, rivets, nails, brads, spikes, staples, tacks and

similar items.c. Clothing.d. Food.

e.

Pharmaceutical.f. Furniture and wood products.g. Glass products, but not including glass manufacture.h. Hand tool and hardware products.i. Ice.

j. Musical instruments, games or toys.k. Office machines.l. Plastic products, not including processing of raw materials.m. Plating or silverware or utensils.n. Signs.o. Sporting goods.

p. Other similar uses.




2. Recycling Facility.



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3. Accessory structures and uses, when adjacent to residentially or agriculturallyzoned property. Except that no outside storage of materials shall be permitted,when adjacent to a residential or agricultural zone district, except throughapproval by the Board of Adjustment. Said Board may limit the type, area,height, and require enclosure by walls, fences, berms, shrubs, or trees, pre-existing or newly planted, sufficient to substantially screen its effects of visibility

from nearby streets and any residential or agricultural zone districts. Where, afterinspection by the Building Official, it is found that two (2) different andincompatible zone districts abut each other but are already separated by a street oralley, or where the view from the adjoining district is blocked by a change ingrade or other natural or manmade features, in certain cases the requirements may

be modified or waived altogether by the Board of Adjustment.

Section 4. Prohibited Uses1. Residential dwellings, except for accessory structures including a dwelling for a

watchman or custodian employed on the premises.2. No vehicles of any kind or no merchandise or materials of any kind associated

with a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.3. Storage of junk or wrecked vehicles for purposes other than for repair or service

shall be unlawful. (Reference Code of Ordinances, City of Pelham, Alabama Sec.5-22 – “Automobile Junk or Scrap Yard”)

4. Garbage disposal plants or landfills.5. Any other uses which are detrimental to property or to the health and safety

beyond the district by reason or the emission of odor, dust, gas, fumes, smoke,noise, vibration or waste material.


Section 5. Area and Dimensional Regulations. Except as provided in Article XXIV –“Supplementary Regulations and Modifications” and XXVII – “Board of Adjustment” the areaand dimensional regulations set forth in the following table shall be observed.* Maximum

Height ofStructures

Minimum Yards(Feet)

Minimum SideYards



* Where a structure is located upon a lot abutting any dwelling district, then anystructure exceeding 35 feet shall be set back from the required yards abutting thedwelling district an additional distance of one foot for each foot of structureheight above 35 feet. Structure height cannot exceed 100 feet.

** No rear setback - except on the rear of a lot abutting a dwelling district, in whichcase there shall be a rear yard of not less than 20 feet, and in accordance with therequirements set forth in Article XXIV, Section 9 – “Supplementary Regulationsand Modifications – Landscaping and Buffers”.



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*** No side yard setback - except on the side of a lot abutting a dwelling district inwhich case there shall be a side yard of not less than 20 feet, and in accordancewith the requirements set forth in Article XXIV, Section 9 – “SupplementaryRegulations and Modifications – Landscaping and Buffers”.





Section 9. Additional Regulations (when applicable)1. When adjacent to a residential zone, exterior lighting fixtures, including lighting

for parking areas, walkways, general illumination or any other purposes, shall beconstructed to direct the beam away from any residential area and to direct the

beam entirely onto the property of the business.2. An accessory office building and/or an accessory structure for the purpose of a

dwelling for a watchman or custodian employed on the premises is allowed.3. Access by way of a major thoroughfare adequate and suitable for the

accommodations of truck traffic shall be required.4. All streets or roadways within an industrial park shall have a minimum right-of-

way width of seventy (70) feet, a maximum gradient of five (5) percent and shallconform to the City of Pelham standards for commercial streets, or as otherwiseapproved by the planning commission.

5. Cul-de-sac streets shall be permitted in industrial parks when they are less thanfive hundred (500) feet long as measured from the terminal point of the cul-de-sacstreet to the closest intersection, and when such terminal point is provided with a

paved vehicle turnaround area having a minimum radius of seventy (70) feet.



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ARTICLE XIX - M-2 HEAVY INDUSTRIAL DISTRICT

Section 1. Intent. To establish and preserve areas for industrial uses that are compatible withheavy industry. The regulations set forth in this article or set forth elsewhere in this ordinance,when referred to in this article, are the regulations in the M-2 Heavy Industrial District.

Section 2. Permitted Uses. A building or premises shall be used only for the following purposes:1. Any use permitted in the M1 Zoning, however, the requirements set forth in M-1

Light Industrial District, Article XVIII, shall apply to this permitted use.2. Any other use not in conflict with any ordinance of the City of Pelham, provided

however that any use not permitted in the M-1 Light Industrial District shall beallowed only by special permit. Said permit may be issued by the City Council,only after favorable recommendations of the Planning Commission, in accordancewith Article XXXI – “Amendments and Changes”.

Section 3. Special Exception Use. A use which is permitted in a particular zoning district only

by special application and approval by the Board of Adjustment on such special exception asthey are authorized to rule on by the terms of this ordinance, and which is subject to restrictionsand safeguards as to number, area, character, location or relation to the neighborhood. This useis permitted further subject to appropriate permits and/or licenses being issued in accordancewith the provisions of the ordinances of the City of Pelham. It should be noted that anapplication of a special exception is not an appeal, even though it is being considered by the



2. Accessory structures and uses, when adjacent to residentially or agriculturallyzoned property. Except that no outside storage of materials shall be permitted,when adjacent to a residential or agricultural zone district, except throughapproval by the Board of Adjustment. Said Board may limit the type, area,height, and require enclosure by walls, fences, berms, shrubs, or trees, pre-existing or newly planted, sufficient to substantially screen its effects of visibilityfrom nearby streets and any residential or agricultural zone districts. Where, afterinspection by the Building Official, it is found that two (2) different andincompatible zone districts abut each other but are already separated by a street oralley, or where the view from the adjoining district is blocked by a change ingrade or other natural or manmade features, in certain cases the requirements may

be modified or waived altogether by the Board of Adjustment.



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Section 4. Prohibited Uses1. Residential dwellings, except for accessory structures including a dwelling for a

watchman or custodian employed on the premises.2. No vehicles of any kind or no merchandise or materials of any kind associated

with a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.

3.

Storage of junk or wrecked vehicles for purposes other than for repair or serviceshall be unlawful. (Reference Code of Ordinances, City of Pelham, Alabama Sec.5-22 – “Automobile Junk or Scrap Yard”)

4. Garbage disposal plants or landfills.5. Any other uses which are detrimental to property or to the health and safety

beyond the district by reason or the emission of odor, dust, gas, fumes, smoke,noise, vibration or waste material.

Section 5. Area and Dimensional Regulations. For M2 Zoning, all requirements in thissection are subject to review and approval by the Planning Commission and the City Council.Except as provided in Article XXIV – “Supplementary Regulations and Modifications” and

XXVII – “Board of Adjustment” the area and dimensional regulations set forth in the followingtable shall be observed.* Maximum

Height ofStructures

Minimum Yards(Feet)

Minimum SideYards


Stories Feet Front Rear Feet Square Feet Feet None None 50 ** None *** None **** See Below No Minimum

* Where a structure is located upon a lot abutting any dwelling district, then anystructure exceeding 35 feet shall be set back from the required yards abutting thedwelling district an additional distance of one foot for each foot of structureheight above 35 feet. Structure height cannot exceed 100 feet.

** No rear setback - except on the rear of a lot abutting a dwelling district, in whichcase there shall be a rear yard of not less than 20 feet, and in accordance with therequirements set forth in Article XXIV, Section 9 – “Supplementary Regulationsand Modifications – Landscaping and Buffers”.

*** No side yard setback - except on the side of a lot abutting a dwelling district inwhich case there shall be a side yard of not less than 20 feet, and in accordancewith the requirements set forth in Article XXIV, Section 9 – “SupplementaryRegulations and Modifications – Landscaping and Buffers”.





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Section 9. Additional Regulations (when applicable)1. When adjacent to a residential zone, no exterior lighting fixture including lighting

for parking areas, walkways, general illumination or any other purposes shall beconstructed to direct the beam away from any residential area and to direct the

beam entirely onto the property of the business.2. An accessory office building and/or an accessory structure for the purpose of a

dwelling for a watchman or custodian employed on the premises is allowed.3. Access by way of a major thoroughfare adequate and suitable for the

accommodations of truck traffic shall be required.4. All streets or roadways within an industrial park shall have a minimum right-of-

way width of seventy (70) feet, a maximum gradient of five (5) percent and shallconform to the City of Pelham standards for commercial streets, or as otherwiseapproved by the planning commission.

5. Cul-de-sac streets shall be permitted in industrial parks when they are less thanfive hundred (500) feet long as measured from the terminal point of the cul-de-sacstreet to the closest intersection, and when such terminal point is provided with a

paved vehicle turnaround area having a minimum radius of seventy (70) feet.



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4. Contents of PUD Application. The PUD application shall contain the following:a. Name and address of the applicant.

i. If corporation, principal officers and members of the Board of Directors.ii. If partnership, general and managing partners.

iii. If a limited liability company, all general and managing members.iv. If another business entity, all those with managerial or ownership interest

in the entity.v. Any material change to the above business entities shall be submittedwithin 60 days.

b. Current zoning(s) of the property under consideration.c. Names and addresses of all owners of the property.

i. If corporation, principal officers and members of the Board of Directors.ii. If partnership, general and managing partners.

iii. If a limited liability company, all general and managing members.iv. If another business entity, all those with managerial or ownership interest

in the entity.

v.

Any material change to the above business entities shall be submittedwithin 60 days.

d. A list of owners of all property adjoining the property under consideration for thePUD to include the adjoining property owner’s name, mailing address and tax

parcel identification number. Also reference “Code of Alabama” - Section 11-52-32(a).

e. A Master Development Plan of the PUD and any site plans, engineering drawings,architectural renderings, and maps necessary to show the following minimuminformation:

i. The direction of North, exact location of the site in relation to the vicinityin which it is located, appropriate scale and topography, in not greater than5 foot contour intervals, water ways, floodways, 100 and 500 yearfloodplains and forest cover.

ii. The location of the various land uses by PUD land use districts as listed inthis Article.

iii. The size, boundary lines, dimensions, and street frontage of each suchdistrict.

iv. Location and width of existing and proposed streets, thoroughfares,greenbelts, natural or man-made open spaces, schools, parks, andcommunity service areas within and adjacent to the project area.

v. Location of environmentally sensitive areas, such as wetlands, steepslopes, or mined areas.

vi. Location of storm drainage, detention areas, and retention areas.vii. Any additional information deemed necessary by the City Engineer and/or

Zoning Official.

f. The Planning Criteria for the PUD, which shall include the following writtenstatements and other matters and shall be included on site plan(s) where locationsare requested:

i. The proposed name of the development.



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ii. A legal description of the total site proposed for the PUD.iii. A description of the surrounding area, including current zoning and/or

land uses.iv. A written statement of planning objectives to be achieved by the PUD

through the particular approach proposed by the applicant, including adescription of the character of the proposed development and the rationale

behind the assumptions and projections made by the applicant in relationto overall community growth and integration with surrounding uses.v. If the development is to be staged, a development schedule indicating how

the staging is to proceed, and an estimated date when construction of thePUD will begin.

vi. Delineation of the various land use districts within the PUD, indicating foreach such area its size and composition in terms of total number of acres.In residential use districts, the total number of dwelling units andapproximate percentage allocation by dwelling unit type, such astownhomes, garden homes, single family, condominiums or duplexes, aswell as locations for each such dwelling unit type must be identified. In

mixed use districts, the part of the parcel and of the building which is to bedevoted to each use must be provided.vii. A calculation of the residential density in dwelling units per gross acre

including interior roadways, a calculation of the residential densityshowing maximum density in units per acre excluding non-residentialzone classifications, and a calculation of the net residential densityexcluding open space.

viii. Development criteria which shall include setbacks, minimum finishedfloor areas, building heights, general building locations, buildingfootprints (if possible), sign criteria, loading areas, service yards, and onand off street parking and loading requirements for each land use district

proposed, and/or any other development criteria which theowner/developer may propose, as regulated by the requirements of theZoning Ordinance of the City of Pelham.

ix. Description of architectural styles/features, design criteria, materials beingutilized for exteriors, and exterior elevations and renderings showingtypical buildings and/or architectural features.

x. Description, location, size and use of the common open space and astatement as to how common open space is to be owned, used andmaintained.

xi. Proposed principal ties to the surrounding area with respect totransportation, water supply, utilities, sewage disposal, and storm drainageand locations thereof, conditional to the approval of the appropriateregulatory authority.

xii. Protective and/or restrictive covenants, homeowner or business associationand architectural review committee documents, including architecturalstandards and requirements.

xiii. A traffic study, stamped, signed, and dated by a Professional Engineerlicensed by the State of Alabama. When the development accesses a Stateor County right-of-way, said study must also be approved by theappropriate regulatory authority.



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xiv. A watershed drainage study, stamped, signed, and dated by a ProfessionalEngineer licensed by the State of Alabama.

xv. A copy of any best management practices (BMP) application orcertificate, stamped, signed, and dated by a Professional Engineer licensed

by the State of Alabama.xvi. Sidewalk plan and exterior lighting plan.

xvii.

Description of the materials with which the parking, driveway andsidewalk areas will be covered.xviii. Other studies as may be deemed necessary by the City Engineer to

determine development suitability to the particular site.xix. A parking plan showing parking areas and facilities, including specific

information about the size, location and design of parking facilities, thenumber of parking spaces proposed and means of addressing any parkingconcerns or problems that may be presented by the proposed development.Said parking plan shall be in accordance with the requirements for specificuses set forth in Article XXIII – “Off-Street Parking and LoadingRequirements”.

xx.

Landscaping plan, in accordance with the requirements for specific usesset forth in Article XXIV – “Supplementary Regulations andModifications” – Section 9 – “Landscaping and Buffers”.

xxi. A description of street/subdivision signs, commercial signs or other signs,including street, traffic and informational signs. Any signage associatedwith the PUD shall be in accordance with the requirements for specificuses set forth in Article XXII – “Sign Ordinance”.

xxii. If walls and fences are proposed for the development, a plan shall be provided showing these items, to be compatible in color and materials ofthe building on the premises.

5. Common Open Space Requirements.a. No less than ten percent (10%) of the development’s gross site area shall be

maintained in permanent common open space. Common open space will be leftin its natural state, except that recreational trails and facilities may beconstructed. Common open space may include environmentally sensitive areassuch as slopes in excess of 25% and 100-year floodplains, natural or man-made

bodies of water, buffers between uses, and active and passive recreational uses. b. Common space must be legally and practicably accessible to the residents

and/or users of the development out of which the required common open spaceis taken.

c. No designated common open space area may be subdivided in the future, normay it be used for any purpose other than those permitted by definition. No re-arrangement or alteration to any approved common open space that would resultin a reduction of the original amount of open space, not in its proportion to theoverall development, shall be permitted.

d. Maintenance provisions, which shall be the responsibility of the homeownersassociation, shall be made by the Developer for the upkeep of all common openspace areas not left in a natural state.



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Section 3. Review Procedure.1. The application, including the Master Development Plan, the Planning Criteria and all

other materials submitted (the “Plan”), shall be reviewed and zoning approval consideredconsistent with the provisions of Article XXXI – “Amendments and Changes” of thisOrdinance.

2. Approval of the PUD zoning application by the City Council shall be an approval of the

Master Development Plan, the Planning Criteria, and other supplemental informationsubmitted therewith and all such approved materials shall become part of the zoningdesignation for the property. However, the regulations of the Zoning Ordinance of theCity of Pelham shall also apply for the entire development. In the case of differingregulations between the Master Development Plan, the Planning Criteria, supplementalinformation, and the Zoning Ordinance of the City of Pelham, the more stringentregulations shall apply to the development.

3. The developer of the PUD may proceed with the development of the property contingentupon subdivision approval by the Planning Commission and compliance with any permitand/or license requirements, and no further zoning approvals shall be required whendeveloped in accordance with the approved PUD plan. Said approval shall be binding

and enforceable upon the developer, his successors, or assigns.Section 4. PUD Land Use Districts. The following land use districts shall apply to all or partof a PUD:

1. Planned Single Family (PR-1).a. Intent. To provide a district for the development of single family residences, in

compliance with the approved PUD plan.

b. Permitted Uses.i. Detached single family dwellings

ii. Garden homesiii. Accessory buildings and structures may be built in a rear yard, but such

accessory buildings and structures shall not occupy more than thirty percent of the required rear yard and shall not be nearer than ten feet toany side or rear lot line.

iv. Home occupations in accordance with the requirements of the DetailedUse Regulations set forth in Article XXV – “Detailed Use Regulations”,Section 6 – “Home Occupation”.

v. Day Care Home, in accordance with the requirements of the Detailed UseRegulations set forth in Article XXV – “Detailed Use Regulations”,Section 4 – “Day Care Home”.

vi. Recreational facilities designed and intended to serve only the residents ofthe development.



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c. Area and Dimensional Regulations. Except as provided in Article XXIV –“Supplementary Regulations and Modifications” and XXVII – “Board ofAdjustment” the area and dimensional regulations set forth in the following tableshall be observed.


Minimum Yards(Feet)


Minimum LotWidth

Stories Feet Front Rear OneSide BothSides Square Feet Feet

2 ½ 35 25 25 10 20 7,000 70

d. Parking Regulations. Refer to Article XX, Section 2, Item 4.f.xix.

e. Landscape Buffer Regulations. Refer to Article XX, Section 2, Item 4.f.xx.

f. Sign Regulations. Refer to Article XX, Section 2, Item 4.f.xxi.

2. Planned Attached Family (PR-2).

a. Intent. To provide for the development of attached family residences and tocoordinate with appropriate community services, in compliance with the approvedPUD plan.

b. Permitted Uses.i. Duplexes

ii. Townhomesiii. Accessory buildings and structures may be built in a rear yard, provided

enough area exists. However, such accessory buildings and structuresshall not occupy more than thirty percent of the required rear yard and

shall not be nearer than ten feet to any side or rear lot line.iv. Recreational facilities designed and intended to serve only the residents ofthe development.


MaximumHeight of

Structures

Minimum Yards(Feet)


MinimumLot

WidthStories Feet Front Rear Sides Square Feet Feet2 ½ 35 25 25 0 - interior units

10 – to side lotline for end

units

2,400 for interior units

3,400 minimum average lotarea for each detached group

of townhouses

24




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3. Planned Multiple Family (PR-3).

a.

Intent. To provide for the development of multiple family residences and tocoordinate with appropriate community services, in compliance with the approvedPUD plan.

b. Permitted Uses.i. Apartments.

ii. Condominium dwelling units.iii. Customary accessory structures.iv. Accessory structures, such as a rental office, coin laundry, vending

machines, snack bar, garage structures, centrally located mail facility, etc.,for the operation of an apartment complex and for use by only the

residents and employees. These structures shall be subject to businesslicense requirements, if applicable.v. Recreational facilities designed and intended to serve only the residents of

the development.



MinimumYards(Feet)

Minimum SideYards


Stories Feet Front Rear Feet Acreage Feet3 50 35 35 25 One Acre 200

* Maximum Density - 10 Apartment Dwelling Units per Acre

1. Building Separation Requirements – Front, Rear, and Side: More thanone (1) apartment building may be located upon a lot or tract, but such

building shall not encroach upon the front, side, or rear yards required hereinfor the district, and the open space between protruding portions of buildingsmeasured at the closest point shall be not less than twenty (20) feet for one (1)

story buildings, thirty (30) feet when one or both are two (2) story buildings,and an additional ten (10) feet separation for each additional story when oneor both buildings exceed two stories.






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4. Planned Office and Institutional (PO-I).a. Intent. The Planned O & I Office and Institutional District is provided for the

orderly arrangement of institutional, clerical, and administrative space. Thisdistrict also provides for the development of areas for coordinated employmentactivity, services, which do not materially detract from nearby residential areas, in

compliance with the approved PUD plan.b. Permitted Uses.

i. A public, semi-public or private office.ii. Research or testing laboratories compatible with other permitted uses.

iii. Church, school, or orphanage.iv. School, Commercial.v. Auditorium, library, and museum operated by non-profit organizations.

vi. Radio or television broadcasting studio or station. Broadcasting towersshall be in accordance with the requirements for specific uses set forth inOrdinance Number 374-2, or the most current revision thereof.

vii.

Assisted living facility.viii. Day care center, in accordance with the requirements set forth in ArticleXXV – “Detailed Use Regulations” – Section 5 – Day Care Center”.

ix. Buildings in excess of 5,000 square feet of floor space and usedexclusively for office purposes, may allocate up to fifteen (15) percent ofsuch space for commercial and service establishments such as snack-bars,gift or specialty shops, quick copy services, and similar uses. Any type ofrestaurant must be appropriate to an office building environment and

primarily intended for service to the office building tenants, visitors, or patients.

x. Hospitals in accordance with the requirements set forth in Article XXV –“Detailed Use Regulations”, Section 14 – “Hospitals”.

xi. Retirement and Nursing Homes in accordance with the requirements setforth in Article XXV – “Detailed Use Regulations”, Section 15 –“Retirement and Nursing Homes”.

xii. Lodges, fraternal and social organizations, headquarters for scout andother youth organizations, YMCA and YWCA facilities.

xiii. Rehabilitation Facility (See Definition).xiv. Business offices used exclusively for office purposes, wherein retail or

wholesale trade or business is not conducted or wherein no merchandise or products are manufactured, stored, handled, conveyed, sold or otherwisedisposed of.

xv. Professional offices occupied by architects, attorneys, dentists, engineers, physicians, and other similar professionals, not to include treatmentfacilities, as defined in Ordinance # 288-5, dated April 3, 2006 (SeeDefinition).

c. Prohibited Uses.i. No outside storage of any kind shall be allowed.

ii. Residential dwellings.



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iii. The required parking spaces, maneuvering drive aisles, and pedestrianareas on a parcel in the PO-I, Planned Office and Institutional District, arenot to be used in ways other than the intended designed uses for thoseareas.

iv. No vehicles of any kind or no merchandise or materials of any kindassociated with a business, shall be parked or stored within city, county, or

state rights-of-way within the city limits of Pelham.v. No storage trailers or temporary storage containers shall be allowed forstorage on the premises.

g. Area and Dimensional Regulations. Except as provided in Article XXIV –“Supplementary Regulations and Modifications” and XXVII – “Board ofAdjustment” the area and dimensional regulations set forth in the following tableshall be observed.

MaximumHeight of

Structures

Minimum Yards(Feet)

Minimum SideYards


Stories Feet Front Rear Feet Square Feet Feet4 60 25 * None ** None *** See Below 50






f. Sign Regulations . Refer to Article XX, Section 2, Item 4.f.xxi.

5.

Planned Commercial (PC).a. Intent. To provide for the development of retail business districts and othercompatible uses, without outside storage of any kind, in compliance with theapproved PUD plan.

b. Permitted Uses.i. Antique store

ii. Appliance storeiii. Art supply and/or frame shop



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iv. Audio video storev. Bakery (minor) which bakes goods for on-premise retail sale only

vi. Barber or beauty shopvii. Bicycle shop (including repairs)

viii. Book storeix. Bridal shop

x.

Business and domestic equipment rental and salesxi. Car washxii. Card/gift shop

xiii. Clothing storexiv. Computer/Electronics storexv. Convenience stores

xvi. Cosmetic studioxvii. Craft or hobby shop

xviii. Dance studioxix. Day care center, in accordance with the requirements set forth in Article XXV –

“Detailed Use Regulations” – Section 5 – Day Care Center”.

xx.

Department storexxi. Drug storexxii. Dry cleaning

xxiii. Duplicating or copying servicexxiv. Fitness Centerxxv. Florist shop

xxvi. Furniture storexxvii. Gasoline service station in accordance with the requirements set forth in Article

XXV – “Detailed Use Regulations”, Section 12 – “Gasoline Service Station”.xxviii. Grocery store

xxix. Hardware storexxx. Health food store

xxxi. Ice cream parlorxxxii. Indoor sports facilities such as bowling, health club or spa, racquet club, skating

rink, etc.xxxiii. Interior decorating storexxxiv. Jewelry storexxxv. Mailing and package shipping center

xxxvi. Motion picture theaterxxxvii. Music store

xxxviii. Offices - business and professionalxxxix. Parking decks, garages, or other similar multistory parking facility

xl. Pet storexli. Photographic studio

xlii. Professional offices occupied by architects, attorneys, dentists, engineers, physicians, and other similar professionals, not to include treatment facilities, asdefined in Ordinance # 288-5.

xliii. Restaurantxliv. Retail establishmentxlv. Schools

xlvi. Shoe store/shoe repair



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e. Parking Regulations. Refer to Article XX, Section 2, Item 4.f.xix.

f. Landscape Buffer Regulations. Refer to Article XX, Section 2, Item 4.f.xx.

g. Sign Regulations. Refer to Article XX, Section 2, Item 4.f.xxi.

6. Planned Business (PB).a. Intent. To provide for the establishment of areas compatible with office, commercial

and light industrial uses, which are performed inside buildings with no outsidestorage, in compliance with the approved PUD plan.

b. Permitted Uses.i. Bulk distribution facilities

ii. Janitorial and maintenance services.iii. Light industrial, fabricating, processing assembling and manufacturing uses,

which do not create any objectionable noise, vibrations, smoke, dust, odor, heat,

glare, or pollutants, such as the following.iv. Office/warehousev. Plumbing, heating and cooling, electrical and other supply and service facilities

vi. Research & Development laboratoriesvii. Warehouses

viii. Wood working shopsix. Those commercial and institutional uses which are supportive of industrial

employment centers.x. Industrial Parks in accordance with the requirements set forth in Article XXV –

“Detailed Use Regulations”, Section 7 – Industrial Park Regulations”.

c. Prohibited Uses.i. No outside storage of any kind shall be allowed.

ii. Residential dwellings.iii. The required parking spaces, maneuvering drive aisles, and pedestrian areas on

a parcel in the PB, Planned Business District, are not to be used in ways otherthan the intended designed uses for those areas.

iv. No vehicles of any kind or no merchandise or materials of any kind associatedwith a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.

v. No storage trailers or temporary storage containers shall be allowed for storageon the premises.

vi. None of the above activities listed above in “Planned Business (PB) – PermittedUses” shall involve resource production, foundries, processing or refining ofraw materials such as ore, metals, rubber, plastic, fuel, petroleum, nor storage ordisposal of hazardous chemicals or wastes.



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xv. Delicatessenxvi. Drug store

xvii. Dry cleaning pick-up (where no cleaning or laundry is done on premises)xviii. Duplicating service

xix. Dwelling units to include lofts and condominium unitsxx. Electronics store

xxi.

Fitness centerxxii. Florist shopxxiii. Furniture storexxiv. Gift shopxxv. Grocery stores, operated as a Neighborhood Food Market

xxvi. Hardware stores, operated as a Neighborhood Hardware storexxvii. Hobby shop

xxviii. Hotel/Motelxxix. Ice cream parlorxxx. Interior design shop

xxxi. Jewelry store

xxxii.

Liquor or wine shopsxxxiii. Mailing and package shipping centerxxxiv. Museumxxxv. Music stores

xxxvi. Offices - Business and Professionalxxxvii. Outdoor café

xxxviii. Parking decks, garages, or other similar multistory parking facilitiesxxxix. Parks

xl. Physical therapistxli. Portrait studio

xlii. Public facilitiesxliii. Restaurantxliv. Retirement and Nursing Homes in accordance with the requirements set forth in

Article XXV – “Detailed Use Regulations” - Section 15 – “Retirement and Nursing Homes”.

xlv. Shoe storexlvi. Short-Term and Seasonal Businesses, in accordance with the requirements of the

Detailed Use Regulations set forth in Article XXV, Section 17.xlvii. Special Events, in accordance with the requirements of the Detailed Use

Regulations set forth in Article XXV, Section 18.xlviii. Sporting goods store

xlix. Stationery storel. Theaters

li. Tobacco shopslii. Toy store

liii. Travel agentliv. Video storelv. Similar commercial retail uses



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ii. Parking. There must be at least two (2) paved or enclosed parking spaces for theexclusive use of each residential dwelling unit in a Mixed Use Building andsufficient additional parking space per dwelling unit for visitors to thoseresidences. Additional parking for patrons shall be required in accordance withGeneral Parking Requirements of the City.

iii. The Master Development Plan and/or Planning Criteria should fully set forth a

parking plan for any such development, which must contain detailed informationabout parking locations, access, means of restricting access of residential parkingto residents, usage patterns, overflow parking, parking for patrons of street leveluses, other available public parking and all other factors which show the impact ofsaid multiple use building on parking.

f. Parking Regulations. Refer to Article XX, Section 2, Item 4.f.xix.

g. Landscape Buffer Regulations. Refer to Article XX, Section 2, Item 4.f.xx.

h. Sign Regulations. Refer to Article XX, Section 2, Item 4.f.xxi.

8. Planned Cemetery District (P-CD).a. Intent. To provide areas suitable for human burial grounds and associated facilities

with consideration of surrounding areas and the overall community.

b. Permitted Uses.i. Cemeteries

ii. Mausoleumsiii. Columbariaiv. Crematoriumsv. Mortuaries

vi. Funeral Homesvii. Accessory Structures

c. Prohibited Uses.i. No cemetery except a family plat or “church yard” cemetery shall be established

on a site containing less than forty acres.ii. The site proposed for a cemetery shall not interfere with the development of a

system of streets or a highway in the vicinity of such site.




g. Fire Code Compliance. Notwithstanding any of the aforementioned buildingsetbacks, separations, or heights, all buildings shall conform to the InternationalBuilding Code, International Residential Code, and International Fire Code, asadopted and amended by the City of Pelham.



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iv. There shall be at least two off-street parking spaces for each manufactured(mobile) home space which shall be on the same site or located in grouped

parking bays specifically designed for such purpose close to the site served.v. Landscape Buffer Regulations. Refer to Article XX, Section 2, Item 4.f.xx.

vi. Sign Regulations. Refer to Article XX, Section 2, Item 4.f.xxi.vii. Each manufactured (mobile) home space shall be provided with a paved patio of

at least two hundred (200) square feet; and provide a metal storage building or a building fabricated of some suitable material compatible with the appearance andexteriors of the buildings for the overall development. Storage buildings shall belocated in compounds established in the rear of the manufactured (mobile) homespaces. Such buildings shall be located at least ten (10) feet from anymanufactured (mobile) home or structure.

viii. A docking pad containing a minimum of four (4) inches of concrete shall be provided for each manufactured (mobile) home space.

d. General Provisions.i. In addition to the requirements in this section, manufactured (mobile) home

requirements shall be observed in accordance with the requirements set forth inArticle XXV – “Detailed Use Regulations” - Section 9 – “Manufactured (Mobile)Homes”. In the event of a conflict between this section and the section listedabove in the Detailed Use Regulations, the more stringent regulation shall apply.

ii. Access roads within a manufactured (mobile) home park shall be paved to a widthof not less than twenty-three (23) feet.

iii. Each manufactured (mobile) home space shall be provided with a connection to asanitary sewer line or to a sewer system approved by the Health Department.

iv. An accessible, adequate, safe, and potable supply of water approved by the HealthDepartment shall be provided in each manufactured (mobile) home park.

v. Refuse storage, collection, and disposal shall be in conformity with the laws andregulations prescribed by the Health Department.

vi. There shall be provided a common open space area to be left in its natural state,except where recreational trails or facilities, such as parks, are constructed. Thisarea shall have a minimum of ten percent of the development’s gross area, inaccordance with the common open space requirements of Article XX, Section 2,Item 5.a.

vii. Each manufactured (mobile) home shall have tie-downs or other devices securingthe stability of the mobile home based on the requirements of the manufacturer orthe installation standards of the Alabama Manufactured Housing Commission.

viii. Foundations shall be installed in accordance with the standards set forth in themanufacturers’ set-up requirements, or the installation standards of the AlabamaManufactured Housing Commission.

ix. Installation of skirting on all manufactured homes shall be required. Installationshall be in accordance with the manufacturers’ installation instructions.Acceptable materials may include masonry, stone, metal, vinyl, or other materialsmanufactured for the purpose of skirting.

x. Manufactured (mobile) homes shall not be used for commercial, industrial, orother non-residential uses within the mobile home park.



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xi. Travel trailers and recreational vehicles shall not be allowed to occupy a lotwithin a manufactured (mobile) home park. The only location in the City ofPelham that travel trailers and recreational vehicles shall be allowed is OakMountain State Park, at the discretion of the State of Alabama and subject to itsrules and regulations.

e.

General Regulations.i. Accessory structures, such as a rental office, coin laundry, vending machines,snack bar, garage structures, centrally located mail facility, etc., for the operationof an apartment complex and for use by only the residents and employees. Thesestructures shall be subject to business license requirements, if applicable.

ii. The owner or licensee, or a duly authorized attendant or caretaker shall be incharge at all times to keep the manufactured (mobile) home park, its facilities andequipment in a clean, orderly, sanitary condition. The licensee or individual lotowner, if applicable, shall be answerable for the violation of any provision of thisOrdinance.

iii. Maintenance of register for manufactured (mobile) home parks with rental lots:

Every manufactured (mobile) home park owner or operator shall maintain aregister containing a record of all residences and occupants of the manufactured(mobile) home park. Such register shall be available to any authorized personinspecting the manufactured (mobile) home park.

iv. State ad valorem stickers are required if you occupy a mobile home and do notown the land on which the mobile home sits.

v. An address number must be posted directly on the manufactured (mobile) home,or in a conspicuous location on the same lot, readily identifiable from the street,such as on the mailbox, or on a post if a mailbox is not on the lot.

10. Uses not Covered in Other Sections. Uses not covered elsewhere in this ordinance andwhich are generally of a nature so as to be incompatible with the most permitted usesmay be allowed, subject to the requirements and approval processes of this article.

Section 5. Consideration of PUD.1. Compatibility. The development of the PUD must be compatible with the topography of

the parcel, should account for any unusual topographic or natural features of the parcel,must be compatible with adjacent and surrounding property with regard to density,

building size, and types of uses, and must be compatible with the Pelham ComprehensivePlan. The City Council’s determination of compatibility with neighboring properties andwhether the proposed PUD is an appropriate use(s) for the particular parcel shall beincorporated into the development. The City Council may impose such reasonableconditions, terms, and limitations, which in its sole discretion are necessary and properfor preservation of the character of property in the vicinity, and which would make the

project compatible with surrounding properties, or which are otherwise necessary orhelpful for the protection and promotion of the public health, safety, morals and welfareof the City. However, all findings and determinations of compatibility mentioned aboveshall remain within the requirements of the Planned Unit Development District and theZoning Ordinance of the City of Pelham.



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2. Planning Commission Consideration. In addition to such other matters which areconsidered by the Planning Commission with respect to any other rezoning application,the Board may consider the Master Development Plan, the Planning Criteria, and anysupplemental materials in making its decision to recommend approval or denial of anapplication for the rezoning of a parcel to PUD use. At such hearing before the PlanningCommission suggestions for revisions to the Master Development Plan, planning criteria

and supplemental materials may be made, and a written recommendation forwarded tothe City Council that the application for rezoning be granted based upon the conditionthat such revisions to the PUD be made.

3. City Council Consideration. In addition to such other matters which are considered bythe City Council with respect to any other rezoning application, the City Council mayconsider the Master Development Plan, the Planning Criteria, the PUD application, andany supplemental materials in making its decision to approve or deny an application forthe rezoning of a parcel to PUD. The City Council may consider the appropriateness ofthe plan in relation to the physical characteristics of the parcel and to the physicalcharacteristics and uses of properties adjacent to or near the subject parcel, and the CityCouncil may require such additions, deletions and changes to the PUD and such

agreements and covenants with respect to the proposed development, as the City Councildeems appropriate. The City Council may:a. Approve the PUD, which approval would be evidenced by the signature of the

president of the City Council; b. Disapprove PUD as submitted; orc. Make suggestions for revisions to the PUD and, with the approval of the

applicant, continue its consideration of the PUD to a future meeting of the CityCouncil.

An application for rezoning to a PUD may be denied by the City Council based upon anyone (1) or more of the items of information included in the PUD application, the MasterDevelopment Plan, the Planning Criteria, or any supplemental materials.

Section 6. Building Permit.1. General. The developer of the PUD shall proceed with the development of the property

in accordance with the plan and in accordance with subdivision approval, and no furtherapprovals shall be required except as set forth herein. Plans for the construction ofimprovements on any particular parcel within the PUD, shall be submitted, and a building

permit shall be approved or disapproved according to the procedure set forth herein andin compliance with applicable building codes.

2. Issuance of Building Permits for Principal Permitted Uses. Upon application for a building permit for the construction of improvements on any parcel within the PUD, theBuilding Official shall first determine that the intended use of the improvements is a“principal permitted use” within the applicable land use district of the PUD. A building

permit may then be issued in accordance with the provisions of this Zoning Ordinanceand in compliance with applicable building codes.



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3. Special Exception Use. A use which is permitted in a particular zoning district only byspecial application and approval by the Board of Adjustment on such special exception asthey are authorized to rule on by the terms of this ordinance, and which is subject torestrictions and safeguards as to number, area, character, location or relation to theneighborhood. This use is permitted further subject to appropriate permits and/orlicenses being issued in accordance with the provisions of the ordinances of the City of

Pelham. It should be noted that an application of a special exception is not an appeal,even though it is being considered by the board. In this case, the board is acting in anadministrative role and is applying the general provisions of the ordinance to a specificsite and project. The following uses are granted subject to approval by the Board ofAdjustment, and further subject to appropriate permits and/or licenses being issued:

a. Radio or television broadcasting studio or station. A minimum twenty-footlandscape buffer shall be required on all rear and side property lines, which abut aresidential district.

b. Broadcasting towers or wireless communications facilities shall be in accordancewith the requirements for specific uses set forth in Ordinance Number 374-2, orthe most current revision thereof.

Section 7. Amendment of the Plan.1. Intent. It is the intent of this Section to provide for the development of the property

submitted for the PUD, and to allow minor changes in the plan without any additionalapprovals. Accordingly, additional approvals shall be required for major changes asdefined herein.

2. Major Change. A “major change” in the plan shall be defined as any change in the boundaries of any land use district reflected on the Master Development Plan, and anychange in the planning criteria submitted with the Master Development Plan. Nosegment, tract, lot or parcel of land within the approved PUD shall be processed for achange of land use district to another PUD land use district or to conventional zoningdistricts unless the total PUD is submitted along with the rezoning request. Thedeveloper of the PUD may request a major change in the plan, by filing an application foramendment which shall be reviewed upon the same basis as the original application.

3. Minor Change. Any changes to the plan other than those included as “major changes”shall be considered “minor changes.”

4. Plat Approval. Plat approval shall be obtained through the standard plat approval procedures of the City of Pelham Subdivision Regulations.

Section 8. Time Limit for Development of Plan. If no construction has begun within sixmonths from the estimated and approved start up date of the PUD, as contained within theoriginal approved PUD plan application, the City Council may review the plan to assure thatconditions in the area have not changed to an extent as to render previously submitted utility,drainage, traffic, and/or other studies as outdated. Following this review, the City Council may,

by appropriate action, repeal the amendment establishing the PUD. Development shallcommence each year on 10 percent of the total PUD or on 50 acres (whichever is less), and saidconstruction should continue and be completed within a reasonable time. If development ishalted after commencement of construction, or if a change in ownership occurs aftercommencement of construction, said PUD approval shall remain in full force and effect, and nomodification or amendment to the approved plan shall be permitted except as outlined in Section7 Amendment of the Plan, page 96.



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Section 9. Effect of Changes to Zoning Ordinance. No amendment or modification of thisZoning Ordinance shall be effective as to any PUD approval issued prior to such amendment ormodification, it being intended that the PUD shall continue to be developed in accordance withthe Zoning Ordinance in effect at the time of such prior approval.



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10. Color and lighting of all signs shall be compatible in color with material of the buildingon the premises. Location, height, size. See Article XXII – “Sign Ordinance”.

No structure or land shall hereafter be located, extended, converted, or structurally alteredwithout full compliance with the terms of this Section and other applicable regulations.

Section 6. Building Design & Orientation. The following standards shall apply to alldevelopment in the corridor, except single family detached dwellings:

1. Minimum front building setback from the Corridor Overlay District right-of-way shall be50 feet.

2. Service and loading areas, outdoor storage areas, trash receptacles, utility equipment,mechanical units, satellite dishes and similar appurtenances shall be located so as tominimize visibility from public right-of-way and shall be visually screened from viewfrom off the premises. Trash receptacles shall be located within a four-sided structurewhich completely conceals the trash receptacle. The color and architecture of thestructure shall be compatible with that of the building which it serves.

3. The outdoor display of sales merchandise and outside storage shall not be visible from

public right-of-way. However, the requirements set forth for outside storage in theapplicable underlying zoning district corresponding to each permitted use shall apply.4. Mechanical units shall be ground mounted whenever possible. However, in all cases,

roof mounted units and ground mounted units shall be screened from view from publicright-of-way.

5. Building orientation shall be such that loading and service areas do not face the CorridorOverlay District right-of-way, except in the case of double frontage lots, where suchareas must be located in a rear or side yard which faces the right-of-way. All loading andservice areas shall be screened from view from off the premises.

6. In order to prolong the life of buildings, reduce the need for periodic maintenance andmaintain a character, which is commensurate with the public interest, the following

materials shall be used as primary exterior building wall finishes on portions of the building which are visible from the Corridor Overlay District right-of-way: brick, stone,glass, wood, stucco, imitation stucco, approved architectural metal, precast concrete,

poured concrete, and/or split-face concrete block.7. Nonstructural awnings, covered with cloth, plastic or other fabric, shall not project more

than seven feet from the building wall shall neither be lower than eight feet nor higherthan 14 feet above grade and shall not be internally illuminated.

Section 7. Fences and Walls. 1. Screening walls and fences shall be compatible in color and materials of the building on

the premises.

2.

Fences designed to create privacy or separation shall be made of masonry, ornamentalmetal, durable wood, vinyl that is designed and fabricated to appear as wood, or acombination of these materials. Chain link, plastic or wire fencing is not permitted forfences visible from public property.

3. When visible from public property, solid fences shall have an evergreen-landscaped stripon the Corridor Overlay District right-of-way side of the fence.

4. Fences and walls shall not restrict traffic intersection sight lines.



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Section 8. Exterior Lighting. 1. Lighting shall have underground electric service, except where the lights, service poles

and wires are not visible from public right-of-way.2. The intensity, location, and design of lighting shall be such that not more than one-foot

candle of light is cast upon adjacent property or the public right-of-way. Light fixturesshall be designed to cast light downward. Where necessary, cut off devices shall be used

to minimize glare off premises.3. Exterior lights shall not exceed 20 feet in height.4. Wooden light poles are prohibited on private property.5. Light poles and fixtures shall be compatible with the architecture of the buildings on the

premises.6. Flashing, blinking, or intermittent lights, or bare neon tubing, are prohibited.

Section 9. Grading and Drainage.1. Except for retaining walls, smooth topographic transition shall be provided throughout

the site and between properties. Slopes steeper than a three to one slope (3 horizontal to 1vertical) are prohibited.

2.

The exterior surface of retaining walls shall be compatible with the architecture and sitedesign of the property.3. Retaining walls which exceed eight feet in height and are visible from public right-of-

way shall be visually screened with vegetation.4. In areas which are visible from public right-of-way, subsurface drainage structures and

grass swales shall be used to manage storm water. Open ditches are prohibited.5. The use of crushed granite or limestone for slope stabilization is prohibited in the public

right-of-way and areas which are visible from the through and auxiliary lanes of theCorridor Overlay District right-of-way.

6. Prior to the issuance of a certificate of occupancy for the premises, all slopes shall bestabilized with grass or other evergreen groundcover or other vegetation.

Section 10. Signs.1. Sign materials shall be coordinated with the exterior cladding of the structures.2. Any signage shall be in accordance with the requirements for specific uses set forth in

Article XXII – “Sign Ordinance”.

Section 11. Parking Regulations. 1. Off street parking spaces shall be provided in accordance with the requirements for

specific uses set forth in Article XXIII - “Off-Street Parking and Loading Requirements”.

Section 12. Landscape Buffer Regulations. 1. Landscaping and buffers shall be in accordance with the requirements for specific uses

set forth in Article XXIV - “Supplementary Regulations and Modifications” - Section 9 -“Landscaping and Buffers”.

Section 13. Severability Clause. If any section, subsection, clause, provision, or portion of thisordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction,such holding shall not affect any other section, subsection, clause, provision, or portion of thisordinance which is not in and of itself invalid or unconstitutional.



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FRONT BUILDING WALL AREA : Shall be determined by multiplying the length ofthe wall (on unified buildings, between fire walls) and the distance between the groundlevel and the point where the roof attaches to or meets the wall. The front building wallshall be the wall in which the main entrance is located.

INDUSTRIAL PARK : A lot, parcel, or subdivision, in which five or more industrial,

wholesale, or warehouse buildings, under separate ownership or occupancy, are located.OFFICE PARK : A lot, parcel, or subdivision, in which five or more office buildings arelocated.

SEASONAL BUSINESS : A business which is operated, due to its nature, less than onecontinuous 60 day period during any 12 month period, including: fruit or vegetablestands, Christmas tree sales for profit, and income tax preparation.

SHOPPING CENTER : A group of three or more retail or service establishments locatedwithin one building or group of unified buildings, said buildings being under one

ownership or management, and having an integrated parking area.SIGN : Any device, fixture, placard, display, or structure which directs attention to anobject, product, place, service, person, building, or entity, or to communicate informationof any kind to the public.

SIGN, ANIMATED : Any sign with irregular intensity of illumination or movementwhether mechanical or electrical.

SIGN, AWNING : A sign attached to or incorporated into an awning.

SIGN, BUILDING : Any sign which is permanently fastened, attached, or supported by a building.

SIGN, CANOPY : A sign painted or otherwise depicted upon a canopy.

SIGN, DIRECTORY : A sign which lists tenants or occupants of a building or project,and that includes unit numbers, arrows, or other directional information.

SIGN, FREESTANDING : Any sign which is not attached to a building. This is ageneral category that includes “ground” and “monument” signs.

SIGN, INDIRECTLY ILLUMINATED : A sign illuminated by an exterior light source.

SIGN, INSTRUCTIONAL : A sign, usually informational, that has a purpose secondaryto the use of the development site on which it is located. This category includes but isnot limited to signs with non-commercial messages such as “no parking,” “entrance,”“loading only,” “telephone,” and similar information and directives. No sign with acommercial message legible from a position off the development site on which the sign islocated shall be considered instructional.



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SECTION 3. MEASUREMENTS AND INTERPRETATIONS.(a) COMPUTATION OF COPY AREA OF INDIVIDUAL SIGNS: The copy

area of a sign face shall be computed by means of the smallest square, circle,rectangle, triangle or combination thereof that will encompass the extreme limitsof the writing, representation, emblem, or other display, together with anymaterial or color forming an integral part of the background of the display or used

to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wallwhen such fence or wall otherwise meets the regulations of the zoning code and isclearly incidental to the display itself.

(b) COMPUTATION OF AREA OF MULTIFACED SIGNS: Where the signfaces of a double-faced sign are parallel and the distance between the faces isthree (3) feet or less, only one display face shall be measured in computing signarea. If the two faces of a double-faced sign are of unequal area, the area of thesign shall be the area of the larger sign. In all other cases, the areas of all faces ofa multifaced sign shall be added together to compute the area of the sign.

(c) COMPUTATION OF HEIGHT: The height of a sign shall be computed as the

distance from the highest point of the sign structure to the elevation of thecenterline of the adjacent public street or highway, or the ground elevation at the base of the sign, whichever distance is less. The centerline elevation shall betaken at a point which is defined by extending a horizontal line from the sign,which is perpendicular to the centerline of the street or highway. This definitionapplies only to freestanding signs.

(d) DETERMINATION OF VISIBILITY OR LEGIBILITY .(1) Where this ordinance requires a determination of “visibility” or

“legibility,” the standard shall be based on the eyesight of an adult eligibleto receive an Alabama driver’s license (wearing any corrective lensesrequired by such license). Where the height of the person is material tothe determination, the person shall be presumed to be more than 5 feet andless than 6 feet tall.

(2) In determining visibility of a sign from a residential property, it shall beassumed that a two-story residence will occupy the property with second-story windows facing toward the sign.

SECTION 4. GENERAL REGULATIONS. (a) Signs shall not be located in, nor encroach upon the public right-of-way, unless

specifically permitted by this ordinance.(b) Signs shall not be located, lighted, or constructed so as to constitute a hazard to

the health and safety of individuals on the public right-of-way.(c) Except as provided in Section 6, the construction, relocation, or structural

alteration of any permanent sign or any temporary sign larger than 32 square feetshall require a sign permit.

(d) No wall sign shall project more than 12 inches from the wall, nor above the top ofthe building wall and which displays only one sign surface. Said signs may beattached to, but not above, a mansard roof or parapet wall. This shall not affectintegrated roof signs, marquee signs or projecting signs, where such signs areallowed by this Article.



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(g) Any person with an encroachment permit for the sign, in accordance withSECTION 23. Any other sign installed or placed in the public right-of-way shall

be deemed an unlawful sign and an abandoned sign and shall be subject toimmediate removal and disposal by the City, without compensation to the owner.The owner or other person placing the sign shall, nevertheless, be subject to the

penalty provisions of SECTION 28.

SECTION 8. REGULATIONS FOR FLAGS AND OTHER SUPPLEMENTAL

PERMANENT SIGNS.(a) Building Marker. In addition to all other signs allowed on a building, each

building with a floor area of more than 10,000 square feet may bear one buildingmarker signs shall be permitted, subject to the following conditions:(1) Such signs shall not exceed three square feet in area,(2) Such signs shall contain no logo or commercial message,(3) Such signs shall be made of permanent material, such as bronze or

masonry, and shall be permanently affixed to or made part of the building,(4) There shall be only one such sign on any building,

(5) Such sign may bear information about the building and its construction orany noncommercial message; and(6) Such signs shall be affixed to a building wall.

(b) Flag. The display of flags is expressly allowed, subject to the followinglimitations:(1) There shall be no more than three flagpoles per principal building on any

development site;(2) No flag flown shall bear any commercial message;(3) There shall be no more than two flags per pole,(4) No flag shall be larger than five feet by eight feet,(5) No flagpole in a residential district shall exceed twenty (20) feet in height;

no flagpole in a nonresidential district shall exceed thirty (30) feet inheight, and

(6) A flagpole shall have a setback of at least 5 feet from any property line,(7) No rooftop flagpoles shall be permitted in any zoning district.

(c) Instructional Signs. In addition to all other signs allowed on a lot instructionalsigns, a lot may include instructional signs. An instructional sign shall not belarger than 4 square feet in sign face area; if freestanding, an instructional signshall not be more than 3 feet in height. Instructional signs may carry any type ofinformation except a commercial message. Typical instructional signs include,

but are not limited to, “restroom,” “phone,” “no parking,” “entrance,” “exit,” andgeneric directions such as “office,” “atm,” or “stores.” No such sign shall carryany commercial message whatsoever, but it may bear any noncommercialmessage.



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(g) Holiday and Cultural Decorations . In addition to all other signs, in any zoningdistrict, holiday or cultural decorations may be displayed for a period of not morethan forty-five (45) consecutive days nor more than sixty (60) days in any one (1)year. Holiday or cultural decorations shall not contain a commercial message.

(h) Temporary Signs on Construction Projects in Noncommercial Disricts. In a

B or M District, one temporary, non-illuminated sign , is permitted per abuttingstreet. Such sign may bear any noncommercial message or a commercial messageregarding the construction project on the premises or future occupant(s) of the

premises. Such sign shall not exceed 12 square feet of copy area, nor 8 feet inheight. The temporary construction sign shall be removed not later than the dateon which the first permanent, freestanding sign for the same property or businessis installed.

(i) Temporary Accessory Signs for Residential Developments. As an accessoryuse to the permitted, temporary commercial activity of land development andsales, temporary commercial signs related to such development shall be allowed.

For any subdivision or development containing not less than 5 lots, one temporarysign shall be allowed on the premises of the development where the premises borders a collector or arterial street. . Such sign(s) shall not exceed 32 squarefeet of copy area nor 8 feet in height. No two such signs shall be located within500 feet of each other. Where there is a landscaped median, the sign owner mayrequest an encroachment permit from the Chief of Police in accordance withSECTION 23 for the location of the sign in the median; otherwise such sign must

be located on private property and not on the right-of-way.

SECTION 14. SIGNS PERMITTED IN THE AGRICULTURAL DISTRICT.(a) Signs permitted.

(1) Single family residential neighborhood. (i) Where permitted: at public street entrances to a neighborhood; may

be erected in a landscaped median of a City street, if approved inaccordance with SECTION 23 of this ordinance; otherwise suchsign must be located on private property and not on the right-of-way.

(ii) Maximum number: one per public street entrance(iii) Maximum area: 12 square feet.(iv) Maximum height: 6 feet(v) Illumination: non-illuminated

(2) Mobile home park. (i) Where permitted: at the public street entrances to the park; may be

erected in a landscaped median of a City street, if approved inaccordance with SECTION 23 of this ordinance; otherwise suchsign must be located on private property and not on the right-of-way.

(ii) Maximum number: one per public street entrance(iii) Maximum area: 12 square feet(iv) Maximum height: 6 feet



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(ii) Maximum area: 30 square feet of copy area(iii) Maximum height: 6 feet(iv) Illumination: indirectly illuminated

(b) All illuminated signs shall be indirectly illuminated in such a manner so as not toshine or reflect light off the premises.

(c) Limitations on Messages. Signs in these districts may bear any noncommercialmessage. The only commercial messages allowed on signs in these districts arethose temporary signs allowed under Section 13(b).

SECTION 16. SIGNS PERMITTED IN THE R-2, RT, RA, PR-2, AND PR-3

RESIDENTIAL DISTRICTS.(a) Signs permitted.

(1) Single family residential subdivision. (i) Where permitted: at the public street entrances to the

neighborhood; may be erected in a landscaped median of a City

street, if approved in accordance with SECTION 23 of thisordinance; otherwise such sign must be located on private propertyand not on the right-of-way.

(ii) Maximum number: one per public street entrance(iii) Maximum area: 12 square feet of copy area(iv) Maximum height: 6 feet(v) Illumination: non-illuminated

(2) Apartments, group dwellings, and mobile home parks. (i) Where permitted: may be erected in a landscaped median of a City

street, if approved in accordance with SECTION 23 of thisordinance; otherwise such sign must be located on private propertyand not on the right-of-way.

(ii) Maximum number: one per abutting street(iii) Maximum area: 24 square feet of copy area(iv) Maximum height: 6 feet(v) Illumination: indirectly illuminated

(3) Public, semi-public, and non-profit establishment. (i) Maximum number: one per abutting street(ii) Maximum area: 30 square feet of copy area(iii) Maximum height: 6 feet(iv) Illumination: indirectly illuminated

(4) Child care establishments, except home occupations. (i) Sign type: wall sign(ii) Maximum number: one(iii) Maximum area: 10 percent of the front building wall area of the

establishment



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(b) Building occupied by two retail or service establishments. (1) Sign type: freestanding sign(2) Maximum number: one(3) Maximum area: the combined permitted freestanding sign copy area of the

two establishments

(c) Individual retail or service establishment. (1) Sign type: freestanding sign(2) Maximum number: one(3) Maximum area and height:

FLOOR AREA OFESTABLISHMENT

SQUARE FEETOF COPY AREA

HEIGHT*

Less than 1,600 Square Feet 80 18

1,600 to 10,000 Square Feet 140 2610,000 to 30,000 Square Feet 200 36Larger than 30,000 Square Feet 380 48

*The permitted height of a freestanding sign other than an off- premise advertising sign may be increased by 15 feet, if theestablishment is located within 500 feet of an access point toInterstate Highway Number 65.

(d) Limitations on Messages. Signs in these districts may bear any noncommercialmessage, any commercial message related to a commercial activity lawfullyconducted on the premises, or temporary commercial messages allowed underSection 13(b). Off-premise advertising signs may be allowed in these districts,subject to the limitations and standards of Section 12; otherwise, commercialmessages related to activities, products, goods or services not offered on the

premises where the sign is located are prohibited.

SECTION 19. SIGNS PERMITTED FOR RETAIL AND SERVICE ESTABLISHMENTS

LOCATED IN SHOPPING CENTERS IN THE B-1, B-2, B-3, B-4, M-1, M-2, PC, PB, AND

P-MX DISTRICTS(a) Retail and service establishment located in a shopping center.

(1) Sign type: wall signs(2) Maximum area: combined copy area not to exceed 40 percent of the front

building wall area of the establishment

(b) Shopping center. (1) Sign type: freestanding sign.(2) Maximum number: one(3) Maximum area and height:



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FLOOR AREA OF SHOPPINGCENTER

SQUARE FEET OFCOPY AREA

HEIGHT

Less than 15,000 Square Feet 180 3515,000 to 40,000 Square Feet 280 40Larger than 40,000 Square Feet 460 65

(c) Limitations on Messages. Signs in these districts may bear any noncommercialmessage, any commercial message related to a commercial activity lawfullyconducted on the premises, or temporary commercial messages allowed underSection 13(b). Off-premise advertising signs may be allowed in these districts,subject to the limitations and standards of Section 12; otherwise, commercialmessages related to activities, products, goods or services not offered on the

premises where the sign is located are prohibited.

SECTION 20. SIGNS PERMITTED FOR NON-RETAIL AND NON-SERVICE

ESTABLISHMENTS IN THE B-1, B-2, B-3, B-4, M-1, M-2, PC, PB, AND P-MX

DISTRICTS.(a) Signs permitted:(1) Office building occupied by less than 3 businesses or firms.

(i) Sign type: wall sign, freestanding sign, or both(ii) Maximum area: a total of 80 square feet of copy area(iii) Maximum height (freestanding sign): 16 feet(iv) Illumination: a minimum of 60 percent of the copy area shall be

indirectly illuminated or not illuminated

(2) Office building occupied by 3 or more businesses or firms. (i) Sign type: wall sign, a freestanding sign, or both

(ii) Maximum area: a total of 120 square feet of copy area(iii) Maximum height (freestanding sign): 24 feet(iv) Illumination: a minimum of 60 percent of the copy area shall be

indirectly illuminated or not illuminated

(3) Wholesale, manufacturing, and warehouse facility. (i) Where permitted: A building or establishment located in an

industrial park or business center is not permitted a freestandingsign.

(ii) Sign type: a wall sign, a freestanding sign, or both(iii) Maximum area: total copy area not to exceed 5 percent of the front

building wall area(iv) Maximum height (freestanding sign): 8 feet(v) Illumination: indirectly illuminated

(4) Office park and Industrial park. (i) Where permitted: at the main entrance(ii) Maximum number: one(iii) Maximum area: 60 square feet of copy area(iv) Maximum height: 12 feet



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3) The proposed maintenance agreement is adequate to ensuremaintenance of the sign and related landscaping inaccordance with the same standards applied by the City inmaintenance of its own signs and fixtures in the right-of-way; and

4) The proposing entity has adequate financial resources, or

has provided guarantees of such resources, to providemaintenance to the sign and related landscaping at a cost ofat least $1,000 per year for a period of ten or more years.

(ii) Deny the right-of-way encroachment permit if the sign(s) that is or arethe subject of the application fail(s) in any way to conform to therequirements of this ordinance or other provisions of the Cityordinances. In case of a denial, the Police Chief shall specify in therejection the subsection of this ordinance or other applicable ordinancewith which the sign(s) is or are inconsistent.

(d) Revocation. A right-of-way encroachment permit may be revoked by the CityCouncil after notice and a hearing. Both the entity originally proposing the signand the entity then maintaining the sign, if not the same, shall be given notice ofthe hearing at least 10 days before the date of the hearing. The City Council mayrevoke the permit if it finds any of the following:(1) The entity agreeing to maintain the sign and landscaping is no longer

providing such maintenance and the lack of such maintenance has resultedin deterioration of the sign or of the landscaping;

(2) The sign now interferes with the movement of traffic or will do so due to planned street improvements;

(3) The sign or related landscaping now impairs the clear-sight triangle forone or more traffic movements at the nearest intersection; or

(4) The City has determined that it can no longer allow such signs due to riskmanagement considerations and is thus revoking all such permits in theCity, regardless of whether a particular sign and landscaping currentlyconform to the requirements of this ordinance.

SECTION 24. GENERAL ADMINISTRATIVE PROVISIONS. (a) Administrative procedures set forth in the International Building Code shall apply

to permit requirements, inspection, enforcement, penalties and appeals procedurewith regard to the permitting and inspection process. The Building Code shall beadhered to with regard to requirements for sign maintenance and determination ofunsafe signs.

(b) Any person, firm, or corporation wishing to engage in the business of altering orerecting signs governed by the provisions of this ordinance, shall first obtain a

business license from the City.



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noncompliance to the sign itself. If the sign has not been removed or brought intocompliance within ten days, the City may remove and impound the sign.

(d) Removal of unlawful signs shall be done in a manner which, to the extent possible, preserves the value of the sign(s) and supports.

(e) An owner or installer of any removed signs and supports, except for signs madeof paper or cardboard, shall be notified if such person can be reasonablyidentified. The first attempt at notice shall be within 5 days of the removal of thesign and supports. The manner of notification shall be that which will bestachieve notice under the circumstances including the use of certified mail, handdelivery, or publication. Refusal of certified mail which has been properlyaddressed and posted shall not void the notice. Hand delivery may be employedwhere the addressee is within the City Limits. Publications may be used when theaddressee or the addressee’s whereabouts are unknown.

(f) Said notice shall inform the recipient that the City of Pelham is in possession of

the sign and supports, why they were removed, where they may be reclaimed, andapplicable fees and storage period.

(g) With the exception of signs made of paper or cardboard and their supports, whichmay be disposed of immediately, removed signs and supports shall be stored for a

period not to exceed 30 days beginning the first day of effective notice. A storagecharge of $5.00 per day will be levied beginning on the 4th day of that 30 day

period. The owner of the sign may reclaim the sign and supports, during the 30-day storage period, upon payment of any storage charges and the cost of removingthe signs and supports. If the sign has not been reclaimed during the 30-daystorage period, the sign and supports may be disposed of. If, in the opinion of theBuilding Official, the sign and supports are not capable of being sold, they may bediscarded; but if sold, the proceeds therefrom, shall first be applied to the storageand removal charges, if any, and the balance shall be mailed to the previousowner of the sign and supports, if possible, or if not, the balance shall become

property of the City.

(h) In addition to other remedies, the City shall have the right to recover from theowner or installer of such a sign, or the owner of the property on which it islocated, or any other responsible person, the full costs of removal and disposal ofthe sign. The City shall certify the removal and may charge the owner or installeror other responsible person for the removal, payable within ten days after receiptof a statement of charges or the charges may be a special assessment and a lien onthe property involved and subject to the provisions of state law. It is presumedthat the person or entity whose identity is represented on the sign is a personresponsible for installing the sign, which presumption may be rebutted byaffidavit.



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SECTION 28. PENALTIES. Any person, firm or corporation, or other organization whichviolates any of the provisions of this ordinance shall, upon conviction, be fined in accordancewith the provisions of the City of Pelham Municipal Code Chapter 1 - General Provisions,Section 1-8 – General Penalty; Violations of Code, Ordinance, or State Law; provided however,that in the event any such person, firm or corporation desires to waive a trial and enter a plea ofguilty before the magistrate, the magistrate is hereby authorized to accept such plea and impose a

fine as follows:a. First Offense……………………………………………………....…$50.00 b. Second Offense………………………………………………….... $100.00c. Third Offense ……………………………... Mandatory Court Appearanced. Each day any such violation continues shall constitute a separate offense.

SECTION 29. SEVERABILITY CLAUSE.

(a) Generally . If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by thevalid judgment or decree of any court of competent jurisdiction, the declaration ofsuch unconstitutionality shall not affect any other part, section, subsection,

paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter(b) Severability where less speech results. Without diminishing or limiting in any

way the declaration of severability set forth above in Sec. 29(a) or elsewhere inthis article of this Code, if any part, section, subsection, paragraph, subparagraph,sentence, phrase, clause, term or word of this chapter is declared unconstitutionalshall not affect any other part, section, subsection, paragraph, subparagraph,sentence, phrase, clause, term or word of this article, even if such severabilitywould result in a situation where there would be less speech, whether bysubjecting previously exempt signs to permitting or otherwise.

(c) Severability of provisions pertaining to prohibited signs. Without diminishingor limiting in any way the declaration of severability set forth above in Sec. 29(a),or elsewhere in this ordinance or in this Code, if any part, section, subsection,

paragraph, subparagraph, sentence, phrase, clause, term or word of this article orany other laws declared unconstitutional by valid judgment or decree of any courtof competent jurisdiction, the declaration of such unconstitutionality shall notaffect any other part, section, subsection, paragraph, subparagraph, sentence,

phrase, clause, term or word of this chapter that pertains to prohibited signs,including specifically those signs and sign types prohibited and under Section 11of this ordinance. Furthermore, if any part, section, subsection, paragraph,subparagraph, sentence, phrase, clause, term or word of this ordinance is declaredunconstitutional by the valid judgment or decree of any court of competent

jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, termor word of this ordinance.

(d) Severability of limitations on off-premise advertising signs . If any partsection, subsection, paragraph, subparagraph, sentence, phrase, clause, term orword of this article and/or an other provisions of the Zoning Ordinance or thisCode are declared invalid or unconstitutional by the valid judgment or decree ofany court of competent jurisdiction, the declaration of such unconstitutionalityshall not affect limitations on off-premise signs, set forth in Section 12.



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SECTION 30. EFFECTIVE DATE . This ordinance shall become effective upon its passage andadoption by the City Council of the City of Pelham, Alabama and posting as required by law.



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ARTICLE XXIII - OFF-STREET PARKING AND LOADING REQUIREMENTS

Section 1.0. Purpose of Off-Street Parking and Loading Requirements. The primary purpose of these provisions is to reduce traffic congestion on public streets of the City of Pelham by requiring certain minimum off-street parking and loading areas be provided. Further, these

provisions promote safe and convenient access to and from each site, as well as safe and efficienton-site traffic circulation and encourage the design of attractive, efficient and harmoniousfacilities.

At the time of the erection of any building or at the time any principal building is enlarged orincreased in capacity by adding floor area, seats, dwelling units, guest rooms, or beforeconversion from one type of use or occupancy to another, permanent off-street parking in theamount specified by this Article must be provided. Such parking space may be provided in a

parking garage or parking lot or in driveways serving single and two-family residences. Parkingfacilities provided in accordance with the terms of this Ordinance shall not subsequently bereduced to below the requirements of this Ordinance.

1. All residential and agricultural zoning districts in the City of Pelham require a minimumof two (2) off-street parking spaces. However, provisions shall be made by the owner oroccupant of each residential or agricultural unit to park all vehicles belonging to residentsof the household within the confines their property and not upon the public right-of-way.Recreational vehicles and commercial vehicles shall not be parked forward of the front ofa residence. In the case of corner lots or double fronted lots, recreational and commercialvehicles must be screened or shielded from public view as set out in Article XXIV –“Supplementary Regulations and Modifications”, Section 13 – “Screening”.

2. All commercial, industrial, and institutional zoning districts in the City of Pelham have parking requirements determined by the use, occupancy, size and/or seating capacity of

the site. All required parking shall be contained within the confines of the site or may besupplemented by a written, fully executed document authorizing shared parking betweenthe business owner and the owner of nearby property having surplus parking placesabove those required for the use on the site, or when the hours of operation of the twouses allow peak use of the parking spaces at separate times of day.

Section 2.0. Parking Requirements for Specific Uses.

Section 2.1. Residential Districts/Uses.

Detached single family dwelling unit,including Garden Home

2 spaces

Duplex or two family dwelling 2 spaces per unitTownhouse dwelling 2 spaces per unitApartment dwelling 2 spaces per unitMobile Home/Mobile Home Park 2 spaces per unitGroup Home/Family Care Home inaccordance with the “Code of Alabama” –Section 11-52-75.1

1 spaces per resident staff plus 1 space perevery 5 patients



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Section 2.2. Non-Residential Districts/Uses.

Auditorium, Arena, Stadium, IndoorTheater Concert Hall, Amphitheater, andother spectator facilities

1 parking space per 3 seats of seatingcapacity of the facility

Bank, financial institution 1 space per 150 square feet of floor area

plus 3 stacking spaces per drive-in window Barber or Beauty Shop 1 space per employee and 2 spaces per chair Bed and Breakfast Inn 1 per guest bedroom, plus spaces required

for underlying residential use Boat sales, rental, storage, and service(New and Used)

2 spaces per 1000 square feet of floor area plus 1 space per service bay plus 1 space per2500 square feet of outdoor display area

Building material sales, homeimprovement centers

1 space per 200 square feet of floor area and1 space per 500 square feet of permanentoutdoor sales or storage area

Car Washo Coin Operated

o Self-Serviceo Full Service

o 1 space per bay and 1 per vacuumsiteo 3 stacking spaces per bayo 1 space per employee plus 3 stacking

spaces per bay Church/Place of Worship 1 space per 3 seats of main assembly area Club, Lodge, Fraternal Organization 0.5 spaces times the occupancy load College, University, Vocational or TradeSchool

1 space per 50 square feet of classroomfloor area

College Fraternity or Sorority House 1 space per member Community Center, YMCA, YWCA 1 space per 200 square feet of floor area

Convenience Store/Service Station 1 space per 250 square feet of floor area plus 1 space per employee, plus 2 stackingspaces per fuel pump, plus 2 spaces perservice bay

Country Club, Golf Club 7 spaces per golf hole (public) or 1 space per 5 members (private)

Dance Hall, Assembly or Exhibition Hallwithout fixed seats

1 space per 100 square feet of floor areadevoted to such use

Dance or Music Studio 1 space per 100 square feet of floor area Day Care Center 1 per employee, plus 1 parking space per 8

persons enrolled

Doctor, Dentist 1 space per 250 square feet of floor areaDormitory 1 space per bedroomDry Cleaning 1 space per 200 square feet of floor areaFuneral Home 1 space per 50 square feet of floor area Government Offices/Public Facility 1 space per 200 square feet of floor area Hospital 1 space per 3 beds plus 1 space per 2

employees Hotel or Motel 1 space per room plus 1 per 1.5 employees



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Restaurant 1.2 per 100 square feet of floor area, plus 3stacking spaces per drive-in window, plus 1space per delivery vehicle

Retail Establishment, Showroom - (Suchas major appliance, carpet, furniture, boats,and motorcycle showrooms which requirean unusually large showroom area todisplay oversized commodities)

1 spaces per 500 square feet of floor area

Retail Establishment, Store - (Such assupermarkets, department stores, andsimilar establishments, except as otherwisespecified herein)

1 spaces per 200 square feet of floor areaand 1 space per 500 square feet of

permanent outdoor sales or storage

Retirement Home or Nursing Home 1 space per 5 beds plus 1 space peremployee on the maximum working shift

Schoolo Elementary, Middle, Junior High

o High School, Vocational School

o 1 space per 8 auditorium seats or 2

spaces per classroom, whichever isgreatero 1 space per 6 students and one space

per 3 employeesSenior Housing/Domiciliary

o Retirement apartments orindependent living.

o Assisted living facility

o 1 space per dwelling unit

o 0.65 spaces per dwelling unitShopping Center 1 spaces per 200 sq.ft.Theaters

o Indooro

Outdoor

o 1 space per 3 seatso

1 space per viewing station, plussufficient parking space foremployees, and satisfactory ingressand egress points in relation to thestreet with ample off-street parkingspace for patrons and guests awaitingentrance to the facilities.

Veterinarian and other kennel facilities 1 spaces per 500 square feet of floor areaWarehouse, Distribution, WholesaleBusiness, or Wholesale Showroom

1 space per employee on the maximumworking shift plus space to accommodate alltrucks and other vehicles used in connection

therewith, plus 1 space per 200 square feetof retail sales area if applicable.



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2. Up to fifty (50) percent of the parking spaces required for (a) theaters, restaurants, publicauditoriums, and bowling alleys, and up to one hundred percent of the parking spacesrequired for a church auditorium may be provided and used jointly by (b) establishmentsnot normally open, used or operated during the same hours as those listed in (a);

provided, however, that written agreement thereto is properly executed and filed asspecified below.

3.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used,a written, notarized agreement thereby assuring their retention for such purposes shall be

properly drawn and executed by the parties concerned, and shall be filed with theapplication for a building permit or business license.

4. All parking areas shall be provided with safe entrance to and exit from the publicthoroughfare. The location of such entrances and exits, and design and constructionthereof, shall be reviewed in the interest of safety, adequate drainage and other publicconcerns.

5. All parking areas (except in single family residential) utilized between dusk and dawnshall be properly illuminated. All lighting fixtures used to illuminate parking areas shall

not direct lights on adjoining rights-of-way or properties.6. Parking areas for all developments shall be so designed that sanitation, emergency, andother public service vehicles can adequately and safely serve such developments withoutthe necessity of backing unreasonable distances or making other dangerous maneuvers.Fire lanes may be required by the Fire Chief or Fire Marshall.

7. Parking lots, including adequate driveways and maneuvering areas, shall be improvedand maintained with a suitable paved bituminous or concrete surface.

8. Parking spaces, except those serving one or two family dwelling units, shall bedemarcated with painted lines or other markings.

9. All parking areas shall be maintained in good condition, free of pot holes, weeds, trash,refuse, etc.

10. Drainage in parking areas shall direct storm water back into the site from adjacent properties toward adequate drainage channels. Large parking areas of twenty (20) ormore spaces shall provide on-site storm water detention to retard the sudden discharge ofhigh volumes of storm water into the public drainage system. The quantity and rate ofrunoff after development shall not exceed the quantity and rate of runoff beforedevelopment, based on a twenty-five year (25) storm frequency. Drainage plans shall besubject to approval by the City Engineer.

11. All parking areas, when adjoining a street right-of-way shall be physically separated fromthe right-of-way.

12. Parking areas shall be designed so that vehicles may exit such areas without backing ontoa public street. This requirement does not apply to parking areas that serve one (1) or two(2) dwelling units; although, backing into arterial streets shall be prohibited.

13. Calculations used in determining the minimum and actual number of parking spaces for a proposed site shall be included on the site plan provided by a civil engineer, licensed bythe State of Alabama.

Section 3.2. Parking Prohibitions.1. No off-street parking spaces, except for residential uses shall be entered or exited directly

from a public street or alley.2. Commercial operations shall not be conducted from parking lots.



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3. The use of any required parking space for the storage of any motor vehicle for sale,repair, or any other purpose other than the temporary parking of motor vehicles while

patronizing the use to which the parking is authorized, is prohibited. Overnight parkingof vehicles not related to the use on the property, shall not be allowed.

4. The keeping of an inoperative motor vehicle shall be within a fully enclosed building orstructure or be completely screened or shielded from public view. Moreover, no

inoperative motor vehicle shall be parked on any public street.5. Commercial vehicles exceeding two and one-half tons rated capacity, or truck tractors, orsemitrailers, or any combination thereof, shall not be parked or stored on residentiallyzoned property, except temporarily while loading or unloading. For purposes of thissection, truck tractors and semitrailers shall be defined as shown in Title 32, Section 32-1-1.1 of the Code of Alabama 1975.

6. Boats, trailers, campers, recreational vehicles, and similar items cannot be parked in thefront yard of a residence or in the portion of the driveway to the front of the residence. Inno instance shall a camper or recreational vehicle be connected to power, water, orsanitary facilities or used as a residence in a residential district.

Section 3.3 Access Controls.1. Property which has frontage on two (2) or more streets may be allowed entrances on eachstreet, subject to review and approval by the Building Official or City Engineer.

2. Installation of turn lanes, pavement widening, or other appropriate modifications may berequired if deemed necessary by the Building Official or City Engineer.

3. Each parking area on a lot shall be physically separated from an adjoining street right-of-way by a curb or equivalent barrier to control vehicular access to and from the lot. Such

barrier shall be located at or along the front line, unless suitable barriers are locatedwithin the street right-of-way. Except for permitted access ways, such barriers shall becontinuous.

Section 4.0. Loading Area Requirements.

Section 4.1. Required Loading Space.1. On the same premises with every building or structure involving the receipt or dispatch of

vehicles as a necessity for, or as incidental to, the operation or use of the building, an areashall be set out for loading and unloading services, in order to avoid undue interferencewith public use of streets or alleys.

2. Each such space shall be a minimum of fourteen (14) feet wide and forty (40) feet longwhere vans are to be received, or a minimum of fourteen (14) feet wide and sixty (60)feet long, where tractors and semi-trailers are to be received.

3. No loading space shall be located within the front yard or within five feet (5') of any property line.

4. No loading space shall be used to meet the parking space requirement, interfere with theon-site circulation of traffic, or allow a delivery vehicle to extend into any right-of-wayor over any property line.

5. All lighting fixtures used to illuminate loading areas shall not direct light on adjacentstreets or properties and shall not exceed a height of twenty-five feet (25') above groundlevel.



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6. All required loading spaces shall be located on the same lot as the principal use served bythe spaces, unless a satellite or joint use loading facility is secured in an equivalentmanner as satellite or joint parking facilities, as provided by Article XXIV – “Off-StreetParking and Loading Requirements”, Section 3.1 – “Location and Design of Off-StreetParking Areas”, Items 2 and 3.

Section 4.2. Loading Area Site Arrangement. All loading areas shall be provided with safeentrance to and exit from the public thoroughfare. The City Engineer or the Building Officialshall approve the design and construction of loading areas in the interests of safety, adequatedrainage and other public requirements.



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ARTICLE XXIV - SUPPLEMENTARY REGULATIONS AND MODIFICATIONS

Section 1. Regulations Supplemental. The regulations set forth in this article supplement ormodify the district regulations appearing elsewhere in this ordinance.

Section 2. Use Modifications.

1.

Temporary structures for use incidental to construction work may be permitted in anydistrict during the period that construction work is in progress, but such temporary building shall be removed upon completion or abandonment of the construction work.

2. Utility structures, including, but not limited to, poles, wires, cross arms, transformersattached to poles, guy wires, insulators, conduits and other facilities necessary for thetransmission or distribution of electric power or to provide telephone or telegraphservice and pipe lines, vents, valves, hydrants, regulators, meters and other facilitiesnecessary for the transmission or distributions of gas, oil, water, or other fluids,television, radio, telephone, microwave, cellular telephone or other like towersincluding all erected, maintained, repaired, or replaced within any district within theCity of Pelham subject to permission being granted by the Board of Adjustment of the

City of Pelham. The Board of Adjustment may impose any restrictions or conditionson construction deemed feasible by the Board of Adjustment. The persons or entitiesin question shall be required to obtain the necessary approvals for special exceptionuses and/or required building permits. The height limitations found elsewhere in thisordinance shall not apply to structures included in this paragraph. This is not to beconstrued to allow the erection or construction of office buildings, warehouses, or anyother structure not necessary for uses listed herein.

3. Railroad facilities, including main line tracks, switching spurs, control signals, poles,and wires or similar facilities (but not yards or service facilities) needed for operatingrailroad trains, may be constructed, repaired, maintained or replaced in any district,and these as well as terminal facilities, including passenger or freight stations, teamtracks and storage yards are permitted in the “M” districts.

Section 3. Height Modifications.1. Chimneys, cooling towers, elevator bulkheads, head houses, fire towers, gas tanks,

steeples, penthouses, stack, tanks, water towers, ornamental towers and spires,wireless, television or radio towers or necessary mechanical appurtenances, where

permitted, may be erected to any height not in conflict with existing or hereafteradopted ordinances of the City of Pelham except that where permitted in connectionwith residential uses such structures shall be limited to a height of twenty-five feetabove the maximum height of structures permitted in that district.

2. The limitation on number of stories shall not apply to buildings uses exclusively forstorage purposes, provided such buildings do not exceed the height in feet permittedin the district in which located.

3. Public – semi-public or public service buildings, including but not limited tohospitals, schools, and churches, when permitted in a district with height limitationsof less than sixty feet, may be erected to a maximum height of sixty feet, providedside yards are increased by one foot for each foot of additional building height abovethe height limitation for the district in which the building is located.



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Section 4. Area Modifications for Lots of Record. Where a lot of record at the time of theeffective date of this ordinance had less area or less width than herein required for the district inwhich it is located, said lot may nonetheless be used as a building site provided the yard spaceand other requirements conform as closely as possible in the opinion of the Board of Adjustmentto the requirements for the district in which it is located.

Section 5. General Yard Modifications.1. Every part of a required yard shall be open to the sky unobstructed by any structure or part thereof, and unoccupied for storage, servicing or similar use except as providedherein.

2. Sills, beltcourses, or ornamental features may project into any yard not to exceed sixinches.

3. Cornices or eaves may project into any required yard not to exceed eighteen (18)inches.

4. Terraces, uncovered porches, underground fallout shelters or ornamental featureswhich do not extend more than five (5) feet above grade may project into a requiredyard, provided such projections shall not be closer than two (2) feet to any lot line.

5.

More than one multiple dwelling, institutional, commercial or industrial building may be located upon a lot or tract, but such building may be located upon a lot or tract, butsuch buildings shall not encroach upon the front, side, and rear yards required by thedistrict regulations, and for multiple dwellings the open space between buildingsmeasured at the closest point shall not be less than thirty (30) feet when one or bothare two-story buildings, and shall not be less than forty (40) feet when one or both arethree or more story buildings.

6. Where an open space is more than fifty percent surrounded by residential orinstitutional buildings, the minimum width of the open space shall be at least twenty(20) feet for one story buildings, thirty (30) feet for two story buildings, and forty(40) feet for three or more story buildings.

7. In a residence district, no required yard except the rear yard shall be used for thelocation of a private swimming pool, and if constructed said pool shall be enclosed bya fence of not less than four (4) feet in height. No mechanical appurtenance or poolshall be within ten (10) feet of any lot line.

8. For a multiple dwelling, the minimum dimension of a yard upon which any entranceor exit faces shall be twenty (20) feet.

9. Wherever yards are provided between commercial or industrial structures, they shallhave a minimum width of not less than ten (10) feet.

Section 6. Front Yard Modifications. The required front yards heretofore established shall bemodified in the following cases:

1. Where forty percent or more of the frontage on the same side of a street between twointersecting streets is presently developed or may hereafter be developed with

buildings that have (with a variation of five feet or less), a front yard greater or lesserin depth than herein required, new buildings shall not be erected closer to the streetthan the average front yard so established by the existing buildings.



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2. Where forty percent or more of the frontage on one side of a street between twointersecting streets is presently developed or may hereafter be developed with

buildings that do not have a front yard as described above, then:a. Where a building is to be erected on a parcel of land that is within one hundred

feet of existing buildings on both sides, the minimum front yard shall be a linedrawn between the two closest front corners of the adjacent buildings, or

b.

Where a building is to be erected on a parcel of land that is within one hundredfeet of an existing building on one side only, such building may be erected asclose to the street as the existing adjacent building.

3. Through lots shall provide the required front yard on both streets.4. Corner lots shall provide a front yard on each street side. However, the buildable

width of a lot of record need not be reduced to less than twenty-eight feet; providedthat the side yards shall in no case be reduced to less than that otherwise required forthe zone district. No accessory structures shall project into the front yard on eitherstreet.

5. Permitted signs attached to buildings may extend into a front yard of the required

yard abutting a side street not to exceed eighteen (18) inches.6. Gasoline stations pumps and pump islands may be located within a required frontyard, but in no case shall they be closer than fifteen (15) feet to any street line.

Section 7. Rear and Side Yard Modifications. The rear or side yards heretofore establishedshall be modified in the following cases:

1. Where a lot abuts upon an alley, one-half of the alley width may be considered as partof the required rear or side yard for building purposes; however, the minimum yardabutting an alley shall be three feet.

2. An unenclosed balcony, porch steps or fire escape may project into a rear yard for adistance not exceeding ten feet.

Section 8. Walls and Fences. Walls or fences may be located within the yards except as provided herein:

1. No wall or fence in a front yard shall exceed a height of four (4) feet, except asrequired for a retaining wall.

2. No wall or fence in a rear or side yard shall exceed a height of seven (7) feet, exceptas required for a retaining wall.

3. In any residence district, no fence, structure or planting which obstructs visibilityshall be maintained within twenty-five feet of any street intersections.

Section 9. Landscaping and Buffers. The intent of this Section is to require landscaping and aminimum number of trees in residential areas, to establish standards for buffers required betweenincompatible land uses and to provide for landscaping surrounding and within vehicular areas incommercial zoning.

1. Landscaping for Residential Dwellings. A landscaping plan shall be required as part ofevery zoning application, variance application and building permit application for newconstruction. The following standards shall apply to the construction of residentialdwellings:



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a. Prior to issue of a certificate of occupancy for residentially zoned property, on alot that is one hundred (100) or less feet in width, the owner shall landscape and

plant at least one shade tree in the front or side yards and at least two shade treesin the rear yard.

b. Prior to issue of a certificate of occupancy for residentially zoned property, on alot that is more than one hundred (100) feet in width, the owner shall landscape

and plant at least three shade trees in the front or side yards and at least two shadetrees in the rear yard.c. Only shade trees listed in Section 9, Item 7 may be planted to comply with the

requirements of this Section.d. Existing trees which are at least six (6) inches in diameter may be used toward

meeting the requirements of Section 9, Item 7, if the area within the dripline ofthe trees has been left in its natural condition and no filling, grading, excavationor parking of vehicles or equipment or other activity which could damage or killthe tree, has occurred within the dripline of said existing trees.

e. At the time of the final inspection, to prevent sedimentation runoff, yards and alldisturbed areas shall be sod laid on topsoil, shall have a stand of grass of not less

than one inch, shall be landscaped, or shall be an appropriate combination thereof.Compliance with this requirement shall be subject to the approval of the BuildingOfficial.

2. Buffers. a. Applicability. A Landscape Plan shall be required as part of every zoning

application, variance application and building permit application for newconstruction that is required by this Ordinance to have a buffer.

b. Standards. In order to decrease incompatibility between neighboring land uses,the following standards shall apply to all buffers required by the ZoningOrdinance whether the buffer is comprised of planted, natural or a combination of

planted and natural vegetation. All buffers shall be a minimum width of ten feetalong the property line between incompatible uses, but may be wider at thediscretion of the building official.

i. Prior to occupancy of the building or premises, a buffer of a minimum often feet shall be provided. The buffer shall provide a visuallyimpervious barrier, uniformly dense at all heights from the ground, and aminimum of five (5) feet above grade throughout the entire length of the

buffer. Within one year after installation the buffer shall be at least six(6) feet above grade throughout the entire length of the buffer. The

buffer shall be comprised of vegetation which meets or exceeds theseminimum standards throughout the calendar year.

ii. In the case of planted buffers, the entire surface area of the buffer shall be planted as prescribed in this Section. Only evergreen plant materialsmay be planted within a required buffer.

iii. Public utilities and storm drainage facilities may be constructed in therequired buffer, provided the buffer is installed in compliance with theapproved Landscaping Plan. The City may require supplementalevergreen plantings in order to mitigate the effect of land disturbance inthe buffer.



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f. All required landscaping shall be irrigated by an automatic irrigation system.

6. Maintenance and Irrigation.a. The owner shall be responsible for the maintenance, repair and replacement of all

landscaping materials required by Section 9 of this Article. All plant materialshall be tended and maintained in a healthy growing condition, replaced when

dead and kept free of weeds, refuse and debris. b. All landscaping required in Section 9 of this Article shall be irrigated by anautomatic irrigation system.

7. Shade Tree List. Only the following shade trees may be planted in order to comply withthe requirements of Section 9 of this Article. All such trees shall be at least two and onehalf (2 and ½) inches in diameter, measured five feet above the root ball of the tree.

a. American Holly b. Oakc. Chinese Elm

b. Crape Myrtle

c.

Ginkgod. Zelcovae. Magnoliaf. Red Budg. Willowh. Birchi. Cherry

j. Dogwoodk. Maplel. Poplar

8. Landscaping Plan . A Landscaping Plan shall be required as part of every zoningapplication, variance application and building permit application for new constructionthat requires a buffer and/or landscaping in vehicular areas. The Landscape Plan shall bedrawn to a scale no larger than one inch equals 50 feet and shall contain the followinginformation:

a. The location and dimension of all areas proposed for landscaping and planting,including a description of the proposed plant materials.

b. All dimensions and distances, property lines, easements, rights-of-way and buffers.

c. Existing and proposed buildings and structures, including signs, trash and garbagecontainers, utility and drainage structures.

d. Existing and proposed buildings and structures on the subject property andadjacent property affected by a required buffer. When the finished floor elevationof buildings on the subject property differs by ten (10) feet or more from thefinished floor elevation of the buildings on the adjacent property affected by the

buffer, the plan shall include a cross section which accurately shows thecomparative elevations of the buildings in relationship to the buffer.

e. Bodies of water including water detention and retention areas.f. Driveways, vehicular areas, existing and proposed parking spaces, access aisles

and other vehicular areas.



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g. Sufficient information and detail to demonstrate compliance with therequirements of this Section.

9. Modification or Waiver. The screening and planting requirements of this Section shall be applied equally to similarly classified and situated properties but may be modified orwaived altogether in certain cases where a building site is subject to any of the following

circumstances as determined by the Board of Adjustment and/or the Building Official.a. Where natural vegetation (trees and/or shrubs) exist on a piece of property, whenapplication is made for a building permit, a strip of natural vegetation shall be leftundisturbed until the Building Official has inspected such area. The Official willevaluate with regard to the width requirements set forth in the Zoning Ordinancefor that specific use and zone, as well as suitability. The Building Official mayrequire that the developer retain a portion of the natural vegetation as agreenbelt/buffer, where such already exists, rather than require a man-made

planting strip or other methods of screening; however, such greenbelt/buffer must be sufficient in both height and/or density to achieve the desired purpose as anatural barrier.

b.

Where future development of adjacent property would make these standardsunreasonable or impractical.c. Where, after inspection by the Building Official, it is found that two (2) different

and incompatible zone districts abut each other but are already separated by astreet or alley or where the view from the adjoining district is blocked by a changein grade or other natural or man-made features.

Section 10. Accessory Antennas. This section governs antennas which are accessory to the principal use of a premises. Commercial radio and television transmission antennas, televisionreceiving antennas for cable television systems, telecommunications antennas, and otherantennas which constitute a separate business from the principal use of the premises or which arean integral part of the principal use of the premises, are not accessory antennas, and are governed

by Ordinance Number 374-2 – “Regulations for Wireless Communications Facilities”.1. Applicability. Accessory antennas are limited to the following:

a. The following antennas which are accessory to residential use are permitted inany residential district:

i. Radio and television antennas, other than parabolic antennas, which donot exceed twenty-five (25) feet in height above the established height ofthe zoning district and are located on the same premises as the dwellingto which they are accessory.

ii. Parabolic antenna greater than two (2) feet in diameter, which is locatedon the same premises as the dwelling which it serves, subject to the

provisions of Article XXIV – “Supplementary Regulations andModifications” – Section 10 – “Accessory Antennas” – Item 2 –“Parabolic Antennas”.

iii. Parabolic antenna less than two (2) feet in diameter, which is attached tothe dwelling to which it is accessory and does not extend more than six(6) feet above the roof line of the dwelling.



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iv. Federally licensed amateur radio station antenna which does not exceedtwenty-five (25) feet in height above the established height of the zoningdistrict and is located upon the same premises as the dwelling to which itis accessory.

b. The following antennas which are accessory to commercial use are permitted in

any commercial district:i. Radio and television receiving antennas, other than parabolic antennas,which do not exceed the maximum building height of the zoning districtand are located on the same premises as the business to which they areaccessory.

ii. Transmitting and receiving antennas for communication with vehiclesowned by the business, which do not exceed the maximum buildingheight of the zoning district and are located on the premises of the

business to which they are accessory.iii. Parabolic antenna which is located on the same premises as the business

which it serves, subject to the provisions of Article XXIV –

“Supplementary Regulations and Modifications” – Section 10 –“Accessory Antennas” – Item 2 – “Parabolic Antennas”.

2. Parabolic Antennas.a. Intent. Parabolic antennas, due to their size, shape, appearance, and proliferation,

have the potential to generate negative impact upon adjacent property and thegeneral welfare of the city. Therefore, parabolic or "dish" antennas are morestrictly regulated than other forms of accessory antennas.

b. Applicability. A parabolic antenna subject to the regulations of this subsection isany antenna which has a parabolic, dish, or circular shape, is more than two (2)feet in diameter, and is used or designed for receiving television signals as anaccessory use to the principal use of the property.

c. General regulationsi. A maximum of one parabolic antenna is permitted per lot.ii. Parabolic antennas shall be located and designed to minimize negative

impact on surrounding property. Materials used in constructing theantenna shall not be unnecessarily bright, shiny or reflective. A

parabolic antenna constructed of mesh material will have less negativeimpact than an antenna constructed of visually impervious material.

iii. An antenna shall not be used for advertising purposes.iv. All parabolic antennas shall be located behind the front building setback

line, or lines, in the case of a corner lot.v. Parabolic, as well as other antennas, are structures, and shall require the

issue of a building permit and conform to the city's building codes.

d. Regulations pertaining to the A-1, E-1, R-1, R-2, R-G, R-T, PR-1, PR-2, and P-MHP districts. A parabolic antenna shall be permanently attached to the ground,located in the rear yard at least twelve (12) feet from a property line and shall notexceed sixteen (16) feet in height.



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e. Regulations pertaining to the R-A, PR-3, and P-MX Districts.i. Ground-mounted parabolic antennas shall be permanently attached to

the ground, located in the rear yard at least twenty-five (25) feet from a public street right-of-way, ten (10) feet from a property line and shall notexceed sixteen (16) feet in height.

ii. Roof-mounted parabolic antennas shall be located at least fifty (50) feet

from a single family residential district boundary and shall not extendmore than ten (10) feet above the roof line.

f. Regulations pertaining to the O-I, B-1, B-2, B-3, B-4, M-1, M-2, PO-I, PC, PB,and P-CD districts.

i. A ground-mounted parabolic antenna shall be permanently attached tothe ground, located in the rear yard at least twenty-five feet from a

public street right-of-way, ten (10) feet from a property line, and shallnot exceed sixteen (16) feet in height.

ii. Roof-mounted parabolic antennas which-exceed six (6) feet in diametershall be at least fifty (50) feet from a single family residential district

boundary. Roof-mounted parabolic antennas shall not extend more thanten (10) feet above the roof line.

Section 11. Accessory Structures. There shall be only one main structure plus any permittedaccessory structures on any lot used for residential purposes. The following shall apply toaccessory structures:

1. Accessory structures may be built in a rear yard, but such structures shall not occupymore than thirty (30) percent of the required rear yard and shall not be nearer than three(3) feet to any side of rear lot line, except that when a garage is entered from an alley itshall not be located closer than seven (7) feet to the alley line. If the zoning districtrequirements are more stringent for accessory structures, the zoning districtregulations apply. In the case of corner lots or double fronted lots, accessory structuresshall not encroach on either front yard.

2. Accessory structures in all residential areas shall not involve an activity connected withany business or manufacturing use, nor shall such accessory structure be used as livingquarters. Such accessory structures shall be erected and maintained only as accessory tothe principal building or dwelling situated on the same lot or premises.

3. Accessory structures shall be constructed of materials which are compatible with other buildings in the district in which they are located in order to insure that the aestheticvalue and appearance of the neighborhood is retained. Accessory structures shall be builtin a manner which will compliment the main structure, and similar shape, roof slope, and

building materials shall be used.4. Accessory structures shall not be built prior to construction of the primary residence.



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Section 12. Sidewalks. Continuous sidewalks, paved with concrete, brick or such other materialas may be approved by the Planning Commission, and separated from public streets by a raisedcurb and buffer strip, shall be provided along the full length of lot frontage for all developmentsin addition to provisions of the City of Pelham Subdivision Regulations and according to thefollowing requirements and as described in Table 1. ON-STREET SIDEWALK ANDLANDSCAPED BUFFER STRIP REQUIREMENTS BY ZONING DISTRICT.

1. REQUIRED SIDEWALKS IN DISTRICTS. Continuous on-street sidewalks shall be provided along the full length of lot frontage and sidewalks of not less than four (4) feetshall be provided between any parking area and the building or buildings, which theyserve. All sidewalks and required buffer strips shall be located within the right-of-way of

planned streets and within the right-of-way of existing public streets to the extent feasibleupon written approval of the Planning Commission. Refer also to Table 1 below:

TABLE 1:ON-STREET SIDEWALK AND LANDSCAPED BUFFER STRIP REQUIREMENTS

BY ZONING DISTRICTZoningDistrict

On-Street SidewalkRequirement

MinimumSidewalk Width

On-Street BufferStrip Required

Minimum Buffer StripWidth

A-1 None N/A N/A N/A

EST None N/A N/A N/A

R-1 On one side ofstreet 5 feet Yes 3 feet along local streets

4 feet along collector roads

R-2 On one side ofstreet 5 feet Yes 3 feet along local streets


R-G On both sides ofstreet, if applicable 5 feet Yes 3 feet along local streets


R-T On both sides ofstreet, if applicable 5 feet Yes 3 feet along local streets


R-A On both sides ofstreet, if applicable 5 feet Yes 3 feet along local streets


PUD On both sides ofstreet, if applicable 5 feet Yes 3 feet along local streets


O&I Along full lengthof lot frontage 8 feet Yes 5 feet

B-1 Along full lengthof lot frontage 8 feet Yes 5 feet




M-I Along full lengthof lot frontage 5 feet Yes 5 feet

M-2 Along full lengthof lot frontage 5 feet Yes 5 feet



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Section 13. Screening. All outside storage areas, which are allowed under certain zoningdistricts, shall comply with the following screening requirements:

1. All outdoor storage facilities shall be completely surrounded by a continuous fence orwall of masonry, wood, or other opaque material, which shall be a minimum of six feet inheight without openings of any type, except for one entrance and/or one exit which shallnot exceed 25 feet in width.

2.

Gates at entrance or exit shall be of a material without openings.3. The screen shall be constructed of the same type of material throughout.4. No screen shall be constructed of metal that will rust.5. Screens shall be maintained and in good repair at all times.6. In no instance shall screening be forward of the front building setback line.

Section 14. Each Business to be Located in Permanent Building. The principal building of a permanent or temporary business shall be a permanent building which has a roof supported bycolumns or walls, with walls constructed of wood, metal, glass, brick, or masonry materials,which completely enclose the principal building area. The permanent building and premisesshall conform in all respects to the applicable land and building development codes and

ordinances of the city. The principal building of any permanent or temporary business shall not be a tent, shelter, mobile building, or other structure which does not comply with the intent ofthis section. Short-Term and Seasonal Businesses, in accordance with the requirements of theDetailed Use Regulations set forth in Article XXV, Section 17. Special Events, in accordancewith the requirements of the Detailed Use Regulations set forth in Article XXV, Section 18.



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ARTICLE XXV - DETAILED USE REGULATIONS

Section 1. Purpose. In this article certain land use activities are identified for special treatment.The nature of these uses is such that when properly regulated they may be appropriate in severalzones. In order to bring about the proper integration of these uses into the community’s land use

pattern, a special set of regulations is provided for each use. Review of these regulations will

tend to maintain compatibility with adjoining land uses, and prevent characteristics that mighthave negative impacts on nearby uses without these additional regulations.

Section 2. Standards Applicable to Certain Uses. In addition to compliance with otherregulations imposed by this ordinance, the following standards are required of the specific uses

below.• Section 3 - Group Home/Family Care Home• Section 4 - Day Care Home• Section 5 - Day Care Center• Section 6 - Home Occupation• Section 7 - Industrial Park• Section 8 - Shopping Center• Section 9 - Manufactured (Mobile) Homes• Section 10 - Modular (Mobile) Offices• Section 11 - Motor Vehicle Sales Lot• Section 12 - Gasoline Service Station• Section 13 - Major Vehicle Repair (Body Work, Engine Repair, or Transmission

Repair)• Section 14 - Hospital and Sanitarium• Section 15 - Retirement and Nursing Home• Section 16 - Veterinary Clinics, Veterinary Hospitals, Outside Kennels or Dog Runs• Section 17 - Short-Term and Seasonal Businesses• Section 18 – Special Events

Section 3. Group Home/Family Care Home. No group home/family care home building, orstructure, or integral part thereof shall be erected in any zone other than R2.

1. Group homes/family care homes for ten or less mentally ill or retarded persons to belocated only in R-2 Two-Family Residential District. Said group home must be licensed

by the State of Alabama and permitted by the City of Pelham. Also reference “Code ofAlabama” - Section 11-52-75.1.

2. The family care home must be sponsored by a public or non-profit organization. Allstate, county, and city licensing requirements shall be met including business licenses andthose pertaining to building, fire safety, and health codes.

3. No family care home shall be located within 1,000 feet of another family care home.4. The building shall maintain the exterior appearance of a residence, with no separate

outside entrances to individual bedrooms.5. The group home/family care home must have full-time, twenty-four hour, on site

supervision.6. Parking for these facilities shall be restricted to the side and rear yard.



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7. Play equipment shall be located at least ten (10) feet from an abutting Lot Line.8. All pedestrian pathways shall be adequately lit for safety if utilized during non-daylight

hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor playareas, sidewalks, drop-off areas, merchandise delivery areas, and all parking lots. Suchlighting shall not produce objectionable glare on adjacent properties.

9. Day care centers utilizing, or proposing to utilize, an on-site sewage disposal system shall

obtain a written statement from the Shelby County Health Department certifying that thesystem is properly designed to accommodate the use and that there are no apparent signsof system failure.

10. The expansion of a day care home shall require rezoning to a district in which a day carecenter is permitted. When applying for rezoning, the applicant shall submit a planshowing any existing or proposed outdoor play areas, outdoor play equipment, fencing,access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas,merchandise delivery areas, on-site sewage disposal facilities, parking spaces, and thechild or adult drop-off circulation pattern.

Section 6. Home Occupation. No home occupation or integral part thereof shall be allowed in

any zone other than A1, E1, R1, R2, RG, and PR-1. Home occupations are permitted subject tostipulations in each district and to the following conditions:1. The home occupation shall be clearly incidental to residential use of the dwelling and

shall not change the essential character of the dwelling or adversely affect the use permitted in the district of which it is a part. Such use shall not adversely affect thegeneral welfare of the surrounding residential area due to potential noise, electricalinterference, increased pedestrian and vehicular traffic or any other conditions whichwould constitute an objectionable use of residentially zoned property.

2. Customary home occupations shall be limited to an office.3. The home occupation shall be confined to twenty-five (25) percent of the principal

building, and shall not be conducted in any accessory structure located on the same lot asthe principal dwelling.

4. There shall be no outside display, or inside/outside storage of materials, goods, supplies,or equipment used in the home occupation on the premises.

5. No equipment uses other than that normally used in connection with a residence shall beallowed.

6. Employment shall be limited to members of the family residing in the dwelling, and thereshall be no employment of help other than those members of the residential family.

7. The home occupation shall be operated in the existing dwelling unit, which shall not beenlarged to accommodate the business activity.

8. There shall be no visible evidence that the dwelling is being used to operate a homeoccupation. Signs shall not be permitted.

9. No merchandise shall be distributed to customers on the premises.10. No advertising material shall indicate the business hours, address and/or physical location

of the business.11. The operation of a home occupation shall not involve the sale of any dangerous or deadly

weapons such as knives, firearms, or air guns.12. The on-site repair of vehicles shall be prohibited as a home occupation.



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7. The vehicular approach to an industrial park site from a public street or highway shall beso designed that uncontrolled left hand turns from the street or highway shall beeliminated or reduced either by a frontage roadway, or other suitable means designed bya civil engineer, licensed by the State of Alabama.

8. Sight distances at all points of ingress and egress to public streets or highways shall not be less than one thousand (1,000) feet, except where a traffic signal light is installed at

the entrance to or exit from the industrial park site unless determined by a studyconducted by a civil engineer, licensed by the State of Alabama.9. Where points of ingress and egress to industrial park from public streets or highways

having speed limits in excess of thirty (30) miles per hour (mph) are located, there shall be provided on the public thoroughfare acceleration an de-acceleration lanes, the lengthof which shall be determined by the following:

a. 30 mph – 100 feet b. 40 mph – 200 feetc. 50 mph – 300 feetd. 55 mph – 350 feet

10. A report of subsurface soil conditions shall be provided to the building official of the Cityof Pelham by an Alabama licensed professional engineer as evidence of suitable bearingfor foundations in the construction of industrial structures of a nature intended to be usedwithin the proposed industrial park.

11. A site plan, a grading, drainage and erosion control plan, best management practices forthe site, a utility plan, and any other information deemed necessary by the city engineer,which provide for the site grading, storm drainage, sanitary sewerage, and water supply,

prepared by an Alabama licensed professional engineer, shall be submitted to the cityengineer.

12. A copy of any deed restrictions or covenants shall be provided to the PlanningCommission.

13. Off street parking spaces, landscaping and buffers, and any signage shall be inaccordance with the requirements for the applicable zoning district under which thisdetailed use is located.

Section 8. Shopping Center Requirements. No shopping center building, or structure, orintegral part thereof shall be erected in any zone other than B2, M1, and PC. In addition to allother rules and regulations established by this ordinance, the following shall apply to allshopping centers:

1. No repairs or sales of vehicles of any type are allowed in a shopping center.2. Businesses requiring delivery vehicles shall have a separate area for these vehicles, with

no parking allowed in the required parking spaces for customers, in accordance with therequirements for specific uses set forth in Article XXIII – “Off-Street Parking andLoading Requirements”.

3. The building group must be architecturally unified.4. Convenient vehicular servicing of all buildings in the shopping center, satisfactory

circulation of traffic in the parking areas, and no undue interference with through trafficin training ingress to and egress from said site must be provided.

5. An integrated parking area and vehicular loading space as specified in Article XXIII –“Off-Street Parking and Loading Requirements” must be provided.

6. Convenient and safely located pedestrian walkways must be provided.



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7. The required parking spaces, maneuvering drive aisles, and pedestrian areas are not to beused in ways other than the intended designed uses for those areas.

8. The location, size, character, and number of all exterior signs must be approved pursuantto all applicable regulations, in accordance with the requirements for the specific uses setforth in Article XXII – “Sign Ordinance”.

9. A minimum lot depth of three hundred (300) feet must be provided.

10. A buffer strip of not less than twenty (20) feet wide where the shopping center abuts anyresidential zone, unless otherwise stipulated elsewhere in this ordinance must be

provided.11. A traffic analysis indicating the estimated effect of the proposed shopping center on

adjacent street traffic, including volume flows to and from the proposed facility and sightdistance from ingress and egress points, prepared by a civil engineer, licensed by theState of Alabama, must be submitted to and approved by the Engineering and InspectionsDepartment.

12. A site plan, a grading, drainage and erosion control plan, best management practices forthe site, a utility plan, and any other information deemed necessary by the city engineer,which provide for the site grading, storm drainage, sanitary sewerage, and water supply,

prepared by an Alabama licensed professional engineer, shall be submitted to the cityengineer.13. A copy of any deed restrictions intended for the property upon which said facility is to be

constructed must be submitted to and approved by the Engineering and InspectionsDepartment.


Section 9. Manufactured (Mobile) Homes.1. Except as provided in Article VI – “A-1 Agricultural District”, Article XX – “Planned

Unit Development District”, and Article XXVI – “Nonconforming Uses of Land andBuildings”, all manufactured (mobile) homes shall be parked in authorized manufactured(mobile) home parks.

2. Except as provided in Article VI – “A-1 Agricultural District”, Article XX – “PlannedUnit Development District”, and Article XXVI – “Nonconforming Uses of Land andBuildings”, manufactured (mobile) homes shall not be permitted on individual lots andshall not be considered as single family dwellings.

3. Manufactured (Mobile) Home Standards and Required Improvementsa. Each manufactured (mobile) home shall have tie-downs or other devices securing

the stability of the mobile home based on the requirements of the manufacturer orthe installation standards of the Alabama Manufactured Housing Commission.

b. Foundations shall be installed in accordance with the standards set forth in themanufacturers’ set-up requirements, or the installation standards of the AlabamaManufactured Housing Commission.

c. Installation of skirting on all manufactured homes shall be required. Installationshall be in accordance with the manufacturers’ installation instructions.Acceptable materials may include masonry, stone, metal, vinyl, or other materialsmanufactured for the purpose of skirting.



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D. All driveways shall be set back a minimum of twenty (20) feet from propertycorners, shall not exceed thirty-five (35) feet in width and shall be thirty (30) feetapart.

E. A minimum of one thousand six hundred (1,600) square feet of lot area isrequired for each additional triple pump island, one thousand two hundred (1,200)square feet of lot area shall be provided for each service bay or car wash, and one

hundred fifty (150) square feet for a separate pay station.8. Applicable only to construction of gasoline pumps and facilities to existing

establishments. The following minimum standards shall apply to the gasoline dispensingarea including pump islands and approach drives:

A. One triple pump island – Two thousand seven hundred (2,700) square feet.B. One pay station and one triple pump island – Five thousand two hundred (5,200)

square feet.C. A minimum of one thousand six hundred (1,600) square feet of lot area shall be

provided for each additional triple pump island and a minimum of one thousandtwo hundred (1,200) square feet of lot area shall be provided for each service bay

and car wash.9. The following are prohibited uses in gasoline service stations located in any zone other

than industrial zones:A. Major engine repair.B. Body work, and spray painting.C. Any uses conducted inside the building which is offensive or dangerous or which

constitutes a nuisance to the occupants of adjacent properties, by reason of theemission of smoke, fumes, dust, odor, vibration, noise, or unsightliness.

D. Storage of vehicles on premises for purposes other than periodic maintenance orrepair.

E. Buying or selling of new or used motor vehicles.


Section 13. Vehicle Repair (Major). A place of business engaged in repair and maintenance ofmotor vehicles (see definition of “motor vehicle”) including painting, body work, rebuilding ofengines or transmissions, upholstery work, fabrication of parts and similar activities in which allwork is performed entirely within an enclosed building. No major vehicle repairestablishment building, or structure, or part thereof which is integral to a major vehicle repairestablishment shall be erected in any zone other than B2 and M1.

1. Major vehicle repair or servicing, with damaged or inoperable items to be screened in aseparate paved lot with a bituminous or concrete surface. Any screening shall be inaccordance with the requirements for specific uses set forth in Article XXIV –“Supplementary Regulations and Modifications”, Section 13 – “Screening”.

2. Surface pavement - All surface areas with automobile traffic shall be properly preparedusing bituminous or concrete paving. In no event shall vehicles be parked on grass orunprepared surfaces.



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3. Required parking spaces for customers and employees shall be designated separatelyfrom those areas used to park vehicles scheduled for repair.

4. Disabled or damaged vehicles shall not be permitted to remain in an exterior locationunless screened from public view. Screened areas shall only be allowed in areas to theside or the rear of the principal structure.

5. Turn-around - An adequate turn-around area shall be provided to discourage vehicles

backing out into traffic from the lot. An adequate maneuvering area, to be solely locatedon the lot and not within any road right-of-way, shall be provided for the delivery ofvehicles by wrecker.

6. Any change in business ownership or discontinuance in the use of the property for the purpose of a major vehicle repair lot shall cancel the major vehicle repair lot businesslicense. To become licensed as a major vehicle repair lot again, all of the necessaryrequirements and physical improvements described herein must be met. A site plan andlandscape plan shall be submitted to ensure compliance.


Section 14. Hospitals. No hospital building, or structure, or part thereof which is integral to ahospital shall be erected in any zone other than O & I, B1, B2, M1, and PO-I. The followinginformation is required by the City of Pelham:

1. Submission of a site development plan. 2. A preliminary plan or engineering feasibility report providing for the site grading, storm

drainage, sanitary sewerage and water supply, prepared by a registered professionalengineer.

3. Where deemed necessary by the city engineer, a traffic analysis indicating the estimatedtraffic flows to and from the hospital prepared by a registered professional engineer.

4. For each bed in a hospital there shall be two hundred (200) square feet of outdoor openspace, exclusive of required front yards, side yards, greenbelts, parking area, loadingspace, or other purposes. Said outdoor open space shall be open and unobstructed fromthe ground upwards.


Section 15. Retirement and Nursing Homes. No retirement or nursing home building, orstructure, or part thereof which is integral to a retirement or nursing home shall be erected in anyzone other than O & I, B1, B2, M1, and PO-I. The following information is required by the Cityof Pelham:

1. Submission of site development plan.2. A preliminary plan or engineering feasibility report providing for the site grading, storm

drainage, sanitary sewerage and water supply, prepared by a registered professionalengineer.

3. Where deemed necessary by the city engineer, a traffic analysis indicating the estimatedtraffic flows to and from the hospital prepared by a registered professional engineer.




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5. Parking areas shall be setback no less than 15 feet from the building and a sidewalk of noless than 5 feet in width shall be provided between the building and parking area.

6. No certificate of occupancy shall be issued prior to the issuance of required permits andcertificates by federal, state, and local agencies.

7. Ten percent of the total parking spaces shall be designated as handicap accessible.8. All buildings shall be set back from the street right-of-way and from all lot lines as

required by the zone within which the development is located except: Where adjacent toa residential or agricultural zone, the minimum setback shall be 50 feet. Where adjacentto a state highway, the minimum setback shall be 50 feet.

9. Entrances to individual units shall be from the interior of the building. Mailboxes andlaundry rooms shall also be within the same building.

10. No less than 20% of the site area shall be improved for the passive recreational use oftenants.

11. All utilities shall be placed underground; and all independent living facilities shall beserved by public water and sewer.

Section 16. Veterinary Clinics, Veterinary Hospitals, Dog Training Facility, Boarding

Facility, Outside Kennels or Dog Runs. No veterinary clinic, veterinary hospital, dog training,or boarding facility, or structure, or part thereof which is integral to a veterinary clinic orveterinary hospital shall be erected in any zone other than B2, M1, and PC. No outside kennel ordog run, or structure, or part thereof which is integral to an outside kennel or dog run shall beerected in any zone other than M1. The following information is required by the City of Pelham:

1. Veterinary facilities in B2, M1, and PC Zoning shall not be located within two hundred(200) feet of all residential districts.

2. All buildings in B2 and PC Zoning where animals have access or are kept shall besoundproofed to contain all sounds on-site prior to the issuance of a Certificate ofOccupancy, with no outside kennels or dog runs allowed in B2 and PC Zoning.

3. Emission of any offensive odors is not permitted at any time.4. Outside kennels or dog runs are only allowed in M1 Zoning and are subject to submission

of an overall site development plan to be reviewed and approved by the PlanningCommission prior to any grading, clearing, site improvements or issuance of related

permits; provided, however, that no outside kennels or dog runs shall be permitted whenwithin 1,000 feet of a residential zone district. The Planning Commission will requireenclosure by walls, fences, berms, shrubs or trees, pre-existing or newly planted, and maylimit the type, area and height to sufficiently screen its effects or visibility from nearbystreets and any adjacent uses.

5. Outside kennels or dog runs are not allowed in the Corridor Overlay District.6. Off street parking spaces, landscaping and buffers, and any signage shall be in

accordance with the requirements for the applicable zoning district under which thisdetailed use is located.



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Section 17. Short-Term and Seasonal Businesses. This section sets standards for short-termor seasonal businesses held in venues such as the Pelham Civic Complex, the Amphitheater, the

National Guard Armory, Oak Mountain State Park, or other venues designed for lease or rental,and capable of handling the number of participants, vendors, parking, traffic, utilities, and publicsafety associated with certain events. No short-term or seasonal businesses, or structure, or partthereof, which is integral to short-term or seasonal businesses, shall be conducted without the

issuance of a proper business license and the collection of all taxes applicable to the type of business. The following information is required by the City of Pelham:1. All short-term or seasonal business shall be located in a permanent building, in

accordance with the requirements set forth in Article XXIV – “SupplementaryRegulations and Modifications”, Section 14 – “Each Business to be Located inPermanent Building”.

2. The number of participants may not exceed the maximum capacity of the venue location.3. Sufficient sanitary sewage facilities must be available on-site and be approved by the

appropriate regulatory agency or authority.4. The sale of foods and beverages is subject to the applicable regulations and the approval

of the Shelby County Health Department.

5.

The serving of alcoholic beverages shall not be permitted without a permit from both thePelham City Council and the Alabama Beverage Control (ABC) Board.6. Off street parking spaces and any signage shall be in accordance with the requirements

for the applicable zoning district under which this detailed use is located.7. Sufficient parking must be available on-site to accommodate all employee and customer

parking needs, entirely outside of public rights-of-way. All vehicles must be parked in thedesignated paved parking spaces belonging to the facility hosting the event.


9. Sales from parked vehicles are prohibited.10. Permission of Property Owner. Where the vendor is not the property owner, the vendor

shall provide the Zoning Official a written agreement signed by the property ownerauthorizing the temporary use of the property by the vendor for short-term or seasonal

businesses.

Section 18. Special Events. This section sets standards for special events, held in venues suchas the Pelham Civic Complex, the Amphitheater, the National Guard Armory, Oak MountainState Park, or other venues designed for lease or rental, and capable of handling the number of

participants, vendors, parking, traffic, utilities, and public safety associated with certain events. No special events, or structure, or part thereof which is integral to special events shall beconducted without the written approval of the Chief of Police, the Fire Chief, and the PublicWorks Director. The following information is required by the City of Pelham:

1. A special event shall be classified as anything outside of the confines of the existingstandard business license and zoning. A special event may include the selling of goodsand/or services for-profit or not for-profit or the public assembly for the promotion,endorsement, sponsorship, or support of a particular venture. In addition, a special eventshall be any function that, in the opinion of the Chief of Police would create concernabout the health and welfare of the general public or patrons and participants of the event,or place a significant additional burden on the provision of normal public safety services.

2. In the interest of public safety, a special event shall not be conducted without theapproval of the Chief of Police.



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3. Approval of a special event shall further require that the Special Eventorganizer/management hire public safety security in numbers to be determined by theChief of Police and authorized under the requirements of Section 12-2 of the Code ofOrdinances of the City of Pelham, Alabama, or as otherwise required by the Chief ofPolice; and shall hire Fire/Emergency Medical personnel in numbers as required by theFire Chief, and shall provide and/or reimburse the City for all Street Department costs

associated with providing extra services as a result of said Special Event, as determined by the Public Works Director.4. All special events shall be located in a permanent building, in accordance with the

requirements set forth in Article XXIV – “Supplementary Regulations andModifications”, Section 14 – “Each Business to be Located in Permanent Building”.

5. The number of participants may not exceed the maximum capacity of the venue location.6. Sufficient sanitary sewage facilities must be available on-site and be approved by the

appropriate regulatory agency or authority.7. The sale of foods and beverages is subject to the applicable regulations and the approval

of the Shelby County Health Department.8. The serving of alcoholic beverages shall not be permitted without a permit from both the

Pelham City Council and the Alabama Beverage Control (ABC) Board.9. Off street parking spaces and any signage shall be in accordance with the requirementsfor the applicable zoning district under which this detailed use is located.

10. Sufficient parking must be available on-site to accommodate all employee and customer parking needs, entirely outside of public rights-of-way. All vehicles must be parked in thedesignated paved parking spaces belonging to the facility hosting the event.


12. Sales from parked vehicles are prohibited.13. Permission of Property Owner. Where the vendor is not the property owner, the vendor

shall provide the Zoning Official a written agreement signed by the property ownerauthorizing the temporary use of the property by the vendor for special events.

14. Businesses associated with the special event must purchase a current business licenseissued by the City of Pelham, pay all the applicable taxes, and meet all the requirementslisted in Items 1, 7, and 8 of this section.



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ARTICLE XXVI - NONCONFORMING USES OF LAND AND BUILDINGS

Section 1. Intent. Within the districts established by this ordinance or amendments that maylater be adopted, there exist lots, structures, uses of land and structures, and characteristics of usewhich were lawful before the ordinance was passed or amended, but which would be prohibited,regulated or restricted under the terms of this ordinance or future amendment. It is the intent ofthis ordinance to permit these nonconformities to continue until they are removed, but not toencourage their survival. It is further the intent of this ordinance that nonconformities shall not

be enlarged upon, expanded or extended, nor be used as grounds for adding other structures oruses prohibited elsewhere in the same district. The provision[s] of this section shall not apply tononconforming signs. Nonconforming signs are addressed in Article XXII – “Sign Ordinance".

Section 2. Continuance. A lawful nonconforming use existing at the effective date of thisordinance may be continued, except as hereafter provided, although, such use does not conformwith the provisions of this ordinance.

Section 3. Restoration to Safe Condition. Nothing in this ordinance shall prevent therestoration of any building or structure to a safe or sanitary condition when required by the

proper authorities.

Section 4. Restoration after Damages. No nonconforming building or structure which has been damaged by fire or other causes to the extent of more than fifty (50) percent of its fairmarket value at the time of such damage shall be rebuilt or restored except in conformity withthe provisions of this ordinance. If a nonconforming building is damaged less than fifty (50)

percent of its current replacement value it may be rebuilt or restored and used as before thedamage, provided that such rebuilding or restoration is completed within 180 days of the date ofsuch damage. Moreover, all debris from the damaged structure shall be removed within 90 daysfrom the date of such destruction.

Section 5. Abandonment. A nonconforming use which has been discontinued for a continuous period of 180 days shall not be re-established and any future use shall be in conformity with the provisions of this ordinance.

Section 6. Change in Use. A nonconforming use shall not be changed to anothernonconforming use of the same or a less restrictive classification. A nonconforming use which ischanged to a conforming use or to another nonconforming use of a more restrictive classificationshall not be permitted to revert to the original or less restrictive use.

Section 7. Abandoned Right-of-Way. Whenever any street, alley or other public way isvacated or abandoned by official action of the City of Pelham, the zoning district adjoining eachside of such street, alley or public way shall be automatically extended to the center of same andall area included therein shall then be subject to all appropriate regulations of the extendeddistrict.

Section 8. Nonconforming Lot of Record. An undersized lot of record that previously met lotsize requirements under this Ordinance, but which has been made nonconforming in size byadoption of this Ordinance may be used as a buildable lot, as long as, all zoning requirements(other than lot size and setbacks), ordinances, laws, and regulations are met.



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ARTICLE XXVII - BOARD OF ADJUSTMENT

Section 1. Appointment. A Board of Adjustment is hereby established. Such board shall beappointed as provided by State law, and shall have all powers granted therein.

Section 2. Procedure. The Board of Adjustment shall adopt rules necessary to the conduct of

its affairs, and in keeping with the provisions of this Ordinance. Meetings shall be held at thecall of the chairman, or in his absence, the acting chairman, and at such other times as the Boardmay determine. Such chairman, or in his absence the acting chairman, may administer oaths andcompel the attendance of witnesses. All meetings shall be open to the public. The Board ofAdjustment shall keep minutes of its proceedings, showing the vote of each member upon eachquestion, or if absent or failing to vote, indicating such fact, and shall keep records of itsexaminations and other official actions, all of which shall immediately be filed in the office ofthe Board and shall be a public record.

Section 3. Powers and Duties. The Board of Adjustment shall have the powers and duties as provided in State law to decide requests for administrative review, special exception uses, and

variances that will not be detrimental to the public good or impair the purposes and intent of thisOrdinance.

Section 4. Administrative Review. The Board of Adjustment may hear and decide appealsupon written application and payment of an application fee of $300.00 where it is alleged there iserror in any order, requirement, decision, or determination made by the Building Official or otherduly authorized official (Administrative Official) in the enforcement of this ordinance or anyamendment thereto. The three hundred dollar $300.00 application fee, less charges for legalnotices, shall be returned to the applicant if the appeal results in a reversal of opinion by theBoard of Adjustment, otherwise the fee shall be retained.

Section 5. Appeals. Appeals to the Board of Adjustment may be taken by any personsaggrieved or by any officer, department, or board of the municipality affected by any decision ofthe administrative official. Such appeal shall be taken within a reasonable time, as provided bythe rules of the Board, by filing with the Administrative Official and with the Board ofAdjustment a notice of appeal specifying the grounds thereof. The Administrative Official shallforthwith transmit to the Board all papers constituting the record upon which the action appealedwas taken. The Board of Adjustment shall fix a reasonable time for hearing of the appeal, give

public notice thereof as well as due notice to the parties in interest, and decide the same within areasonable time. The owner must personally attend the hearing or may choose to be represented

by his agent or attorney.

Section 6. Stay of Proceedings. An appeal stays all proceedings in furtherance of the actionappealed from, unless the Building Official from whom the appeal is taken certifies to the Boardof Adjustment that, a stay would, in his opinion, cause imminent peril to life and property. Insuch cases, the proceedings shall not be stayed other than by a restraining order issued by theBoard of Adjustment or by an appropriate court on application with notice to the BuildingOfficial from whom the appeal is taken and on due cause shown.



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Section 7. Special Exceptions Uses. The Board of Adjustment may hear and decide specialexception uses as specifically authorized by this Ordinance, to determine whether specialexception uses should be granted, and to grant special exception uses, to impose such conditionsand safeguards as are appropriate under this ordinance, or to deny special exception uses whennot in harmony with the purpose and intent of this ordinance. A special exception use shall not

be granted by the Board of Adjustment unless and until:

1.

A written application for a special exception is submitted, in accordance with therequirements set forth in the following section, Section 8, indicating the section of thisordinance under which the special exception is sought and stating the grounds on which itis requested.

2. A public hearing has been held, notice of which has been provided by first class mail tothe owner of the property for which special exception is sought (or his agent) and to theowners of all adjoining property, at least five days prior to the public hearing. The ownermust personally attend the hearing or may choose to be represented by his agent orattorney.

3. The Board of Adjustment has made a finding that it is empowered under the section ofthis ordinance described in the application to grant the special exception, and that the

granting of the special exception will not adversely affect the public interest.4. In granting any special exception, the Board of Adjustment may prescribe appropriateconditions and safeguards in conformity with this ordinance. Violation of such conditionsand safeguards, when made a part of the terms under which the special exception isgranted, shall be deemed a violation of this Ordinance and punishable as prescribed inthis Ordinance. The Board of Adjustment may prescribe a time limit within which theaction for which the special exception is required shall be begun or completed, or both.Failure to begin or complete, or both, such action within the time limit shall void thespecial exception.

Section 8. Application for a Special Exception Use Hearing. For requests for specialexception uses stipulated within the zoning district regulations, including the PUD, the followingreview procedure shall be adhered to:

1. The applicant shall submit a complete special use application to the city clerk, at leastfifteen (15) days prior to the board of adjustment meeting at which the special exceptionis to be considered, containing as a minimum, the following information:

a. A three hundred dollar ($300.00) fee to defray the cost of processing theapplication. The required application fee must be paid, and no sum or any part ofthe fee will be refunded for failure to approve such proposal.

b. The names and addresses of all adjoining property owners.c. Ten (10) copies of a site development plan drawn to a scale not larger than one

inch equals fifty (50) feet, each of which shall be folded to a dimension of eightand one half (8-1/2) by eleven (11) inches, which shall show the following:

i. Existing and proposed topography;ii. Property lines;

iii. Scale;iv. Existing and proposed structures and their uses;v. Dimensions and height of existing and proposed structures;

vi. Exterior lighting;vii. Landscaping and buffer plan;

viii. Outside storage areas;



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ix. Parking and loading areas;x. Points of ingress and egress; and

xi. Signs.xii. The location of all existing and proposed sidewalks and pedestrian ways

on the subject property and adjacent property.

2.

A minimum of five (5) days prior to the board of adjustment meeting at which the specialexception is to be considered, the city clerk shall notify all adjacent property owners bycertified mail. The notice shall state:

a. The location of the special exception request; b. The nature of the request, indicating the current zoning of the site and the

proposed special exception use; andc. The time, date, and location of the board of adjustment meeting at which the

request will be considered.

Section 9. Variances. The Board of Adjustment may authorize upon appeal in specific casessuch variance from the terms of this Ordinance as will not be contrary to the public interest

where, owing to special conditions, a literal enforcement of the provisions of this ordinancewould result in unnecessary hardship, and so that the spirit of the Ordinance shall be observedand substantial justice done.

1. A variance from the terms of this ordinance shall not be granted by the Board ofAdjustment unless and until a written application for a variance plus an application fee of$300.00 is submitted demonstrating:

a. That special conditions and circumstances exist which are peculiar to the land,structure, or building involved, and which are not applicable to other lands,structures, or buildings in the same district;

b. That literal interpretation of the provisions of this ordinance would deprive theapplicant of rights commonly enjoyed by other properties in the same districtunder the terms of this ordinance;

c. That the special conditions and circumstances do not result from the actions of theapplicant;

d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings inthe same district.

e. That relief, if granted, would not cause substantial detriment to the public good orimpair the purposes and intent of this Ordinance; and

f. That the variance is not a request to permit a use of land, buildings, or structureswhich is not permitted by right or by special exception in this district involved.

2. The required application fee must be paid, and no sum or any part of the fee will berefunded for failure to approve such proposal.

3. A hearing on the variance application will be held after proper notice is provided. Noticeof public hearing shall be given by first class mail to the owner of the property for whichthe variance is sought or to his agent, and to the owners of all adjoining property, at leastfive days prior to the public hearing. The owner must personally attend the hearing ormay choose to be represented by his agent or attorney.



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4. The Board of Adjustment may only grant a variance after making a specific finding thatthe requirements of this Section regarding a written application have been met by theapplicant for a variance and the application fee paid, that the reasons set forth in theapplication justify the granting of the variance, that the variance is the minimum variancethat will make possible the reasonable use of the land, building or structures, and that thegranting of the variance will be in harmony with the general purpose and intent of this

ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.5. In granting any variance, the Board of Adjustment may prescribe appropriate conditions

and safeguards in conformity with this ordinance. Violation of such conditions andsafeguards, when made a part of the terms under which the variance is granted, shall bedeemed a violation of this ordinance and punishable as prescribed in this ordinance.

6. Variances should be permitted only under peculiar and exceptional circumstances,keeping in mind hardship alone is not sufficient. Demonstration of unnecessary hardshipis required and financial loss of a kind which might be common to all of the propertyowners in similar situations is not grounds for a variance. Under no circumstances shallthe Board of Adjustment grant a variance to permit a use not generally or by any special

exception permitted in the district except as provided for in Article XXIX –“Administration and Review Procedures” - Section 8 – “Interpretation of Uses”, and“Section 9 - Unclassified Uses”.

Section 10. Board Action on Applications. In exercising the above mentioned powers, theBoard of Adjustment may, so long as such action is in conformity with the terms of thisordinance, reverse, or affirm, wholly or partly, or may modify the order, requirement, decision,or determination as ought to be made, and to that end shall have powers of the BuildingOfficial/Administrative Official from whom the appeal is taken. The concurring vote of fourmembers of the Board shall be necessary to reverse any order, requirement, decision, ordetermination of any such Building Official/Administrative Official or to decide in favor of theapplicant on any special exception or variance.

Section 11. Appeals from Action of the Board. Any party aggrieved by any final judgment ordecision of the Board of Adjustment, may appeal pursuant to State law.

Section 12. Limitation on Requests to the Board of Adjustment. If the application is denied by the Board of Adjustment, a second appeal, special exception, or variance request of the samekind on the same tract or parcel of land will not be considered until a period of one (1) year haselapsed from the date of such action by the Board. However, the Board of Adjustment mayadjust this time period, if in the opinion of a majority of the Board, an unusual situation orcircumstance exists which would warrant another hearing or that conditions in the area havechanged, or that the request has changed. Each time the application is made, the requiredadministration fee must be paid, and no sum or any part of the fee will be refunded for failure toapprove such proposal.



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ARTICLE XXVIII - RULES OF PROCEDURE OF THE PLANNING COMMISSION

Section 1. Intent. The Zoning Ordinance was adopted as part of a program for developing thePelham Comprehensive Plan; zoning is one of the tools to carry out this plan. The PelhamPlanning Commission is organized to advise the City Council directly on all applications forchanges in the Zoning Ordinance. All map change applications will be compared to all parts of

the Pelham Comprehensive Plan in effect at that time and any other plan, study, or program ofimprovement in effect or having official status or endorsement.

Section 2. Authority. The Pelham Planning Commission is established under authority granted by the City Council of the City of Pelham as provided in Title 11, Chapter 52, Article 1, Code ofAlabama 1975. The Commission shall be governed by these Rules of Procedure and the ZoningOrdinance of the City of Pelham.

Section 3. Membership.1. Composition. The membership of the Commission shall be composed of nine (9)

members; namely, the Mayor, one of the administrative officials of the municipality

selected by the Mayor, and a member of the council to be selected by it as members ex-officio, and six persons who shall be appointed by the Mayor.2. Terms of Membership. The terms of ex-officio members shall correspond to their

respective official tenures, except that the term of the administrative official selected bythe Mayor shall terminate with the term of the Mayor selecting such administrativeofficial. The term of each appointed member shall be six years or until his successor takesoffice.

3. How Replaced. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the Mayor in the case of members selected orappointed by the Mayor, and by council in the case of council members selected bycouncil.

Section 4. Officers.1. Chairman. A chairman shall be elected by the members of the Commission. The

chairman’s term shall be for one (1) year beginning with the date of election, and thechairman shall be eligible for re-election. The Chairman shall decide upon all points oforder and procedure subject to these Rules of Procedure unless directed otherwise by amajority of the Commission in session at the time. The Chairman may appoint anysubcommittee deemed necessary to investigate any matter before the Commission.

2. Vice Chairman. A Vice Chairman shall be elected by the Commission from among itsregular members in the same manner and for the same term as the Chairman. The vicechairman shall serve as an acting Chairman in the absence of the Chairman, and at suchtimes the vice chairman shall have the same powers and duties as the Chairman.

3. Secretary. The City Clerk shall perform the administrative and clerical functions of theCommission. The City Clerk shall keep all records, and handle all correspondence andnotices for the Commission.



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2. Hearings.

Section 5. Applications and Hearings. 1. Procedure for Filing.

a. The Planning Commission shall hear all requests for change in the ZoningOrdinance of the City of Pelham and shall transmit their recommendations to theCity Council. The applicant must file an application for a hearing in the office ofthe City Clerk of the City of Pelham. All applications shall be made upon the

form furnished for that purpose and all information shall be complete and fees paid before the application shall be considered as having been filed. Before anyaction shall be taken as provided in these Rules of Procedure, the applicant

petitioning for amendment shall deposit with the City of Pelham the sum of threehundred dollars ($300) plus $10 per acre to cover the approximate cost ofhandling his application. Applications must be filed by 4:30 p.m., fifteen (15)days prior to the date of hearing.

b. Under no condition shall said sum or any part thereof be refunded for failure ofeach proposed amendment to be enacted into law. No action shall be initiated fora zoning amendment affecting the same parcel of land more often that once everytwelve months, provided that by unanimous resolution of the city council, that

such action may be initiated at any time.

a. Any party may appear in person or by agent or by attorney at the hearing. Theorder of each hearing shall be as follows:

i. The Chairman, or such person as the chairman shall direct, shall give a preliminary statement of the case.

ii. The applicant shall present the argument in support of the application.iii. Persons opposed to the application shall present the argument against the

application.iv. Both sides will be permitted to present rebuttals to opposing testimony.v. The Chairman shall summarize the evidence which has been presented,

giving the parties opportunity to make objections and corrections.

b. Witnesses may be called and factual evidence may be submitted, but the PlanningCommission shall not be limited to consideration of such evidence as would beadmissible in a court of law. The Commission may view the premises beforearriving at a decision.

c. An application for a rehearing may be made in the same manner as provided forin an original hearing. The application for rehearing shall be denied by theCommission if from the record it shall appear that there has been no substantialchange in facts, evidence, or conditions. The three hundred dollar ($300)application fee, less charges for legal notices, shall be returned to the applicant ifthe rehearing results in a reversal of opinion by the Commission, otherwise the feeshall be retained.

3. Decisions. a. Upon agreement of a majority of the members present, decisions of the

Commission may be made in executive session not more than fifteen (15) daysfrom the time of the hearing or thirty (30) days from the date of receipt of theapplication.



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b. The final decision of the Planning Commission shall be shown in the record of thecase as entered in the minutes of the Commission and signed by the Chairman andCity Clerk. Such record shall show the reasons for the determination.

c. The concurring note of a majority of the members present shall be necessary torecommend in favor of the applicant or to decide in favor of any matter before thecommission.

Section 6. Meetings.1. Meeting Place. Regular meetings of the Commission shall be held in the City Hall,

provided, that if the Commission Chairman so directs, meetings may be held at any other place in the city.

2. Special Meetings. Special meetings of the Commission may be called at any time by theChairman. Written or oral notice of the time and place of special meeting shall be givento each member of the Commission.

3. Cancellation of Meetings. Whenever there are no applications, public hearings, or other business for the Commission, the Chairman may dispense with a regular meeting bygiving written or oral notice to all members.

4.

Conduct of Meetings. All meetings shall be open to the public. The order of business atregular meetings shall be as follows:a. Roll Call.

b. Approval of minutes of previous meeting.c. Hearing of cases.d. Unfinished business.e. New Business.

5. No commission member shall take part in the hearing or decision of any case in whichsuch member shall be personally or financially interested.

Section 7. Quorum. A quorum shall consist of four (4) members of the Commission. Whenless than four members are present for any hearing, then those that are present shall agree to andannounce the time and place for a continued hearing.

Section 8. Minutes. The minutes of every meeting of the Commission shall be kept in a permanent volume in the office of the City Clerk, and shall be a public record. These shall showthe record of every action taken by the Commission and the reason therefore and everyresolution acted upon by the Commission.

Section 9. Amendments. These rules may, within the limits allowed by law, be amended at anytime by the Pelham Planning Commission upon its own initiative.

Section 10. Effectiveness. These rules of procedure shall become effective when duly adopted by the Pelham Planning Commission.



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ARTICLE XXIX - ADMINISTRATION AND REVIEW PROCEDURES

Section 1. Enforcing Officer. The provisions of this Ordinance shall be administered andenforced by the Building Official and/or Zoning Official of the City of Pelham. The BuildingOfficial and/or Zoning Official shall in relation to this Ordinance:

1. Review all building permit applications and proposed plans and perform inspections forcompliance with all applicable provisions of City Ordinances and adopted codes.

2. Issue all building permits and maintain records thereof.3. Issue all certificates of occupancy and maintain records thereof.4. Issue and renew where applicable all temporary use permits and maintain records thereof.5. Have the right to enter upon any premises at any reasonable time for the purpose of

making inspections of land or structures necessary to carry out the enforcement of CityOrdinances and adopted codes. If the Building Official shall find that any of the

provisions of these ordinances or codes are being violated, he shall proceed to notify inwriting the persons responsible for such violations, indicating the nature of the violationand ordering the action necessary to correct it. He shall order discontinuance of illegaluse of land, buildings, or structures; removal of illegal buildings or structures or ofadditions, alterations, or structural changes thereto; discontinuance of any illegal work

being done; and shall take any other action authorized by City ordinances to bring the useinto compliance with or to prevent violation of their provisions.

Section 2. Building Permit Required. A building permit is required for any and allconstruction and related activities within the City of Pelham, Alabama. It shall be unlawful toengage in any of the following prior to the issuance of a building permit by the BuildingDepartment:

1. Commence earthwork.2. Commence construction of any building or other structure, including accessory structures

or signs.3. Store building materials or erect temporary field offices.4. Commence the moving, alteration or repair of any structure (excluding minor repairs

which do not change the character or value of the structure).

Section 3. Review of Building Permit Applications. Each permit application shall becompleted in full and submitted on the appropriate City of Pelham forms. The application for a

building permit for the use of land, excavation, construction, moving or alteration shall beaccompanied by the appropriate fee, a site development plan or plat drawn to scale, and showingthe following in sufficient detail to enable the Building Official of the City to ascertain whetherthe proposed excavation, construction, use of land, moving or alteration is in conformity with theOrdinance. In addition the permit application must include the following; upon receipt of alldocumentation and information specified below, the Building Official shall have a reasonabletime for review and approval of said application:

1. Certificate of approval of sanitary waste disposal facilities issued by the appropriateadministrative agencies.

2. Any permits, certificates, or approvals which may be required by Federal, State, County,or local law or regulation. (Such as highway access permits, NPDES permits, etc.)

3. The location, size, and dimensions of the site.4. The use, location, size, and height of all existing and proposed structures on the site.5. The location and number of parking spaces.



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6. All easements and rights-of-way.7. The setback and side lines of buildings on adjoining property, and other information

concerning the lot or adjacent property as may be required to determine conformancewith the provisions of this Ordinance.

8. The location and dimensions of all exterior signage in compliance with this ordinance.9. The location, dimensions, area, and character of all required buffers and greenbelts.

10. Landscape plan and irrigation plan, if applicable, in compliance with this ordinance.11. Any other information deemed necessary by the Building Official.

Section 4. Approval of Building Permit Applications. If the proposed excavation,construction, moving or alteration as set forth in the application is in conformity with the

provisions of this ordinance, the building official of the city shall issue a building permitaccordingly. After construction of the footings and foundation, a post foundation survey shall be

prepared, stamped, signed, and dated by a registered professional land surveyor, conforming tothe minimum building setbacks required in the zoning ordinance. Framing of the structure shallnot commence until a foundation survey has been submitted to the building official andapproved.

Section 5. Denial of Building Permit Applications. The applicant, upon notification in writing by the building official of a building permit denial, may request a hearing before the Board ofAdjustment.

Section 6. Certificate of Occupancy. Within three (3) days after the owner or his agent hasnotified the Building Department of the City that a building or premises or part thereof is readyfor occupancy or use, it shall be the duty of the Building Official and the Fire Marshal to conductfinal inspections, and issue a certificate of occupancy if the building or premises or part thereofis found to conform with the provisions of City Ordinances and adopted Codes. If suchcertificate is refused, the Official shall provide the owner or his agent with written reasons forsaid refusal. One copy of the signed certificate of occupancy, a signed statement by the owner orhis agent regarding the intended use of the premises, and a signed refusal, if any, shall bemaintained in the office of the Building Official. Appeals from the Building Official shall beheard by the Board of Adjustment.

Section 7. Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of any district shown on the Zoning Map the following rules shall apply:

1. Where boundaries are indicated as approximately following street and alley lines or landlot lines, such lines shall be construed to be such boundaries.

2. In unsubdivided property or tracts where a district boundary divides a lot, the location ofsuch boundaries, unless same are indicated by dimensions, shall be determined by the useof the scale appearing on such maps.

3. Where boundaries are so indicated that they are approximately parallel to the centerlinesor street lines of streets, or to the centerlines or alley lines of alleys, or to the centerlinesor right-of-way lines of highways, such boundaries shall be construed as being parallelthereto and at such distance therefrom as indicated on the zoning map. If no distance isgiven, such dimensions shall be determined by the use of the scale shown on the saidmaps.

4. In case any further uncertainty exists, the Pelham City Council shall determine thelocation of boundaries.



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Section 8. Interpretation of Uses. This ordinance recognizes the limitations of the district uselistings, given the infinite variations of essentially similar uses. Therefore, the Building Officialor Zoning Official is empowered to make interpretations so as to classify any questioned usewithin a listed use of most similar impact and characteristics. Appeal of the Building Official's orZoning Official’s use interpretation may be filed with the Board of Adjustment.

Section 9. Unclassified Uses. In the event the Building Official or Zoning Official finds a newor unusual use that cannot appropriately fit a listed use in any district, the following proceduresshall be followed:

1. If compatible with the existing zoning district intent, the unclassified use may be permitted by special exception upon approval and subject to the conditions set by theBoard of Adjustment.

2. If the unclassified use would not be compatible with the existing zoning district intent,the Building Official or Zoning Official shall determine the most appropriate districtclassification and require the property in question to be rezoned. In addition, theunclassified use may be permitted in the new district by special exception if grantedapproval by the Board of Adjustment.

3.

Following the final action on the unclassified use, the Planning Commission shall initiatean amendment to this ordinance to list the newly permitted use into the most appropriatedistrict or districts.

Section 10. Expiration of Building Permit. Any permit under which no construction work has been done above the foundation wall or other foundation support within six (6) months from thedate of issuance shall expire by limitation, but shall upon re-application be renewable, subject,however, to the provisions of all ordinances in force at the time of said renewal. In no eventshall any permit be renewed more than one time.

Section 11. Unlawful Structure. Any uses of land or dwellings, construction or alteration of buildings, or structures erected, altered, razed, or converted in violation of any of the provisionsof this Ordinance are hereby declared to be a nuisance per se. The Building Official may petitionthe applicable court to abate the nuisance created by such unlawful use or structure. Wheneverthe Building Official has declared a structure to be not conforming with the provisions of thisordinance, the owner or occupant shall, within seventy-two (72) hours from the issuance of anotice from the Building Official to vacate such premises, accomplish such vacation of suchstructure or premises which shall not again be used or occupied until such structure or premiseshas been adapted to conform to the provisions of this ordinance.

Section 12. Remedies. In case any building or other structure is erected, constructed,reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land isused in violation of this ordinance, the building official of the city or any other appropriateauthority or any adjacent or neighboring property owner who would be damaged or causedhardship by such violation, in addition to other remedies, may institute injunction, mandamus, orother appropriate action or proceeding to stay or prevent such unlawful erection, construction,reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate suchviolation or to prevent occupancy of such building, structure, or land. The availability of saidremedies will not limit any other legal remedies available to the party.



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ARTICLE XXX - INTERPRETATION OF ORDINANCE

Section 1. Minimum Requirements. In interpreting and applying the provisions of thisordinance, they shall be held to be the minimum requirements for the promotion of public health,safety, convenience, comfort, morals, and the general welfare. Where this ordinance imposesgreater restrictions upon the use of a building or land or upon spaces, yard area, or lot area, than

are imposed or required by other ordinances, rules, regulations, or permits, or by easement,covenants, or agreements, the provisions of this ordinance shall govern. Where any otherordinances, rules, regulations, or permits, or any easements, covenants, or agreements imposegreater restrictions upon the use of a building or upon the height, bulk, or size of a building orstructure, or require larger open spaces, yard area, or lot area that are required under theregulations of this ordinance, such provisions shall govern.

Section 2. City not Subject to Ordinance. Any provision of this ordinance to the contrary notwithstanding, the City, in exercising any governmental function, power, or authority, shall not besubject to the provisions of this ordinance or in anyway limited thereby in the exercise of suchgovernmental function, power of authority.



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ARTICLE XXXI - AMENDMENTS AND CHANGES

Section 1. Requirements for Change. Whenever the public necessity, convenience, generalwelfare, or good zoning practice warrants such action, the City Council, by the favorable vote ofthree of the members, may amend, supplement, modify, or repeal the regulations of zoningdistrict boundaries herein established.

Section 2. Petition for or Initiation of Change. A proposed change of the zone district boundaries or of the regulations may be initiated by the City Council, the Planning Commission,or by petition of one or more owners or authorized agents of such owners of property within thearea proposed to be changed.

Section 3. Action on Petition.1. Any proposed amendment, supplement, modification, or appeal shall first be submitted to

the Pelham Planning Commission for its recommendations and report.2. After the City Council shall have received the recommendation of the Pelham Planning

Commission on the proposed change, or if no recommendation is received from the

Pelham Planning Commission within sixty days of the date of application, the CityCouncil may proceed to hold a public hearing in relation thereto, giving notice asrequired by law.

3. The proposed change may be deemed by the applicant to have been denied if the CityCouncil takes no final action upon the same within one hundred fifty days after the filingof the application, or within ninety days after receipt of the recommendation by thePelham Planning Commission, provided that this sentence shall not be construed to divestthe City Council of jurisdiction to take final action on such proposed change at any time

prior to any litigation instituted thereon against this Council or the City by the applicant.

Section 4. Fees. Before any action shall be taken as provided in this article, the applicant petitioning for a changed shall deposit with the City of Pelham the sum of three hundred dollars($300) plus $10 per acre. Under no condition shall said sum or any part thereof be refunded forfailure of each proposed amendment to be enacted into law. No action shall be initiated for azoning amendment affecting the same parcel of land more often than once every twelve months,

provided that by unanimous resolution of the City Council, such action may be initiated at anytime.



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ARTICLE XXXII - VIOLATION AND PENALTY

Section 1. Penalties. Any person, firm or corporation, or other organization which violates anyof the provisions of this ordinance shall, upon conviction, be fined in accordance with the

provisions of the City of Pelham Municipal Code Chapter 1 - General Provisions, Section 1-8 –General Penalty; Violations of Code, Ordinance, or State Law; provided however, that in the

event any such person, firm or corporation desires to waive a trial and enter a plea of guilty before the magistrate, the magistrate is hereby authorized to accept such plea and impose a fineas follows:

a. First Offense……………………………………………………………....…$50.00 b. Second Offense………………………………………………………….... $100.00c. Third Offense ……………………………………... Mandatory Court Appearanced. Each day any such violation continues shall constitute a separate offense.



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ARTICLE XXXIII - LEGAL STATUS PROVISIONS

Section 1. Interpretation and Purpose. In their interpretation and application the provisions ofthis ordinance shall be considered minimum requirements adopted for the promotion of the

public health, safety, morals, convenience, order, prosperity, and general welfare of the City.Where other ordinances or regulations which may be adopted hereafter impose greater

restrictions than those specified herein, compliance with such other ordinances or regulations ismandatory. This ordinance shall not lower the restriction of plats, deeds, or private contracts ifsuch are greater than the provisions of this ordinance.

Section 2. Severability Clause. If any section, clause, provision, or portion of this ordinance,including any part of the Zoning Map which is a part of this ordinance, shall be held to be invalidor unconstitutional by any court of competent jurisdiction, such holding shall not affect any othersection, clause provision, or portion of this ordinance which is not in and of itself invalid orunconstitutional.

Section 3. Repeal of Existing Ordinances. All zoning ordinances heretofore adopted are

hereby repealed, provided however that nothing in this ordinance shall be construed to modify orin any manner permit, extend or enlarge any non-conforming property or improvement at thetime of adoption of this ordinance, but such non-conforming use shall continue to be subject toall restrictions and limitations existing at the time of adoption of and under this ordinancerelating to such non-conforming use. No non-conforming use existing at the time of adoption ofthis ordinance shall be extended, enlarged, or expanded unless such use is changed to a usewhich will conform to the regulations of the district in which such property is located.

Section 4. Effective Date. This ordinance shall become effective immediately upon itsadoption, approval, and publication as provided by law.



APPENDIX - RESERVED

2007-07-16 - Pelham, Al Zoning Ordinance

Documents

Transcript of 2007-07-16 - Pelham, Al Zoning Ordinance