§ 3.2. Specific definitions.
(1)
Accessory structure. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
(2)
Accessory use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
(3)
Adult establishment.
(a)
Adult establishment. Any adult book store, adult mini motion picture theater, adult motion picture theater, adult cabaret or dancing establishment or combination thereof.
(b)
Adult bookstore. An establishment having, as a substantial of significant portion of its stock in trade available for purchase or rental, books, magazines, and other periodicals, cassette tapes, videotapes or films which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this subsection, or an establishment with a segment or section devoted to the sale, rental, or display of such material.
(c)
Adult cabaret or dancing establishment: A cabaret or dancing establishment which features topless or bottomless dances, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
(4)
Alley. A service way providing a secondary means of public access to adjacent property.
(5)
Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
(6)
Animal hospital. A place where small household pets are given medical or surgical treatment and short term boarding of pets within an enclosed building.
(7)
Amortization. The process by which non conforming uses and structures must be discontinued or made to conform to requirements of the zoning ordinance at the end of a specified period of time.
(8)
Apartment building. See " Dwelling, multiple ."
(9)
Assisted-living facilities. Homes for the aged, intermediate institutions, and related institutions, whose primary purpose is to furnish room, board, laundry, personal care, and other non-medical services, regardless of what it may be named or called, for not less than twenty-four (24) hours in any week, to individuals not related by blood or marriage to the owner and/or administrator. This kind of care implies sheltered protection and a supervised environment for persons, who because of age or disabilities, are incapable of living independently in their own homes or a commercial board and room situation, yet who do not require the medical and nursing services provided in a nursing home. In these facilities, there might be available temporarily and incidentally the same type of limited medical attention as an individual would receive if he or she were living in their own home. (See also Communal living facilities .)
(10)
Automobile sales. The use of any building, land area or other premise[s] for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles on a site that is minimum size of 10,000 square feet and limited to 1 car per 400 square feet; any warranty repair work and other repair service conducted in conjunction with sales shall be considered as an accessory use.
(11)
Automotive parts store. A retail store that sells new or factory rebuilt automotive parts, tools, and accessories but has no installation of automotive parts on site and provides no automobile repairs and/or storage.
(12)
Automotive repair - minor. A place of business engaged in sales, installation and servicing of mechanical equipment and parts, including audio equipment and electrical work, 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. This excludes any servicing of trucks or heavy equipment. Parking on the site of such a facility shall be restricted to 2.5 spaces per repair bay.
(13)
Automotive repair - major. A place of business engaged in the repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions upholstery work, installation and repair of automotive glass, fabrication of parts, and similar activities in which all work is performed entirely within an enclosed building; includes paint and body shop. This excludes any servicing of trucks or heavy equipment. Parking on the site of such a facility shall be restricted to 2.5 spaces per repair bay.
(14)
Bank or financial service. A business engaged in providing banking or financial services, including a finance company and similar business.
(15)
Basement. A story partly or wholly underground. For purposes of height measurement a basement shall be counted as a story when one half or more of its floor-to-ceiling height is above the average level of the adjoining ground and when its floor-to-ceiling height is not less than 6½ feet.
(16)
Block. All land fronting one side of a street between the nearest intersecting streets, roads, railroad rights-of-way and waterways, meeting or crossing the aforesaid street and bounding such land.
(17)
Boarding house. A dwelling or part thereof, in which lodging is provided by the owner or operator for compensation and by prearrangement for definite periods for more than three but not more than twelve boarders. Each unit intended to be rented does not constitute a dwelling unit as defined in this ordinance. (See Communal living facilities .)
(18)
Buffer strip. A planted strip for the purpose of providing visual or physical separation of adjacent land uses.
(19)
Building. Any structure having a roof supported by columns, or by walls, including tents, lunch wagons, dining cars, trailers, and similar structures whether stationary or moving. Any structure built for the support, shelter or enclosures of persons, animals, chattels, or property of any kind which has enclosing walls for fifty (50) percent of its perimeter. The term "building" shall be as if followed by the words "or part thereof". (For the purpose of this Code each portion of a building separated from other portions by a fire wall shall be red considered as a separate building). For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds. An open shed is any structure that has no enclosing walls.
(20)
Building, main or principal. The principal building on a lot, including an attached garage, carport, porte-cochere, porch or part thereof, in which the principal use of the property is conducted.
(21)
Building area. The portion of the lot occupied by the main building, including porches, carports, accessory buildings, and other structures.
(22)
Building height. The vertical distance measured from the average elevation of the finished grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
(23)
Building setback line. A line showing the nearest distance to the street right of way line or property lines that it is permissible to building a structure either in compliance with this ordinance or in following a plat, deed, or private contract.
(24)
Buildable area. The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met.
(25)
Building, accessory. A subordinate structure on the same or adjoining lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
(26)
Business services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supplies.
(27)
Car wash. A commercial establishment used for the washing or cleaning of automobiles and light vehicles, including an unenclosed outdoor concrete slab.
(28)
Carport. An accessory structure attached to a principal building for storage of vehicles, not enclosed by solid walls or garage door.
(29)
Cemetery. Human burial grounds.
(30)
Cemetery for pets. Animal burial grounds
(31)
Cellar. That portion of a building between floor and ceiling which is or partly below grade, and having more than one half of its height below grade. A cellar is not counted as a story for the purpose of height regulations.
(32)
Cellular communication towers. Towers constructed for receiving and transmission for cellular devices.
(33)
Child care center. A private establishment enrolling six or more children between two and five years of age and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center under the laws and regulations of the city and state authorities.
(34)
Child care home. A child care facility which is a family home and which receives no more than six children for care.
(35)
Church. A building or structure, or groups of buildings or structures, which by design and constructions are intended for conducting of organized religious services and accessory uses associated therewith.
(36)
Clinic. An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
(37)
Club. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees, and dues, regular meetings, with a constitution and bylaws.
(37A)
Commercial recreation facility. A facility for the purpose of uses such as indoor and outdoor sports and amusement facilities including but not limited to go kart racetracks, miniature golf courses, fitness facilities or gymnasiums, and other recreational facilities.
(38)
Community/service club. Buildings arranged for the gathering of private club members and their guests, including social club, professional organization, fraternal club or lodge, union hall, civic association and similar uses.
(39)
Country club. Land and buildings containing recreational facilities and club house for private club members and their guests.
(40)
Condominium. A building, or a group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
(41)
Communal living facility. A facility in which 3 or more unrelated families live in group living arrangements, including group home, halfway house, fraternity house, etc., and further defined as follows:
Adult foster care homes. Foster care homes are for three or more unrelated adults who are in need of institutional care. These adults are unable to live in their own homes because of physical, mental or emotional limitations and cannot live with their families because of distance, ill health or estrangement, or family's inability to provide adequate care.
Boarding house. A dwelling other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons, up to 12 persons.
Domiciliary care facility. Homes for the aged, intermediate institutions, and related institutions, whose primary purpose is to furnish room, board, laundry, personal care, and other nonmedical services, regardless of what it may be named or called, for not less than twenty-four hours in any week, to three or more individuals not related by blood or marriage to the owner and/or administrator.
This kind of care implies sheltered protection and a supervised environment for persons, who because of age or disabilities, are incapable of living independently in their own homes or a commercial room and board situation, yet who do not require the medical and nursing services provided in a nursing home. In these facilities, there might be available temporarily and incidentally the same type of limited medical attention as an individual would receive if he or she were living in his or her own home.
Family care home. A group care home servicing up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit, under the supervision of one or two resident mangers. The home serves socially, physically, mentally, or developmentally impaired children in a family-type living arrangement, including child care homes for orphans or neglected children, and handicapped or infirm home for the mentally retarded or mentally ill. The requirements of section 11-52-75-1 of the Alabama State Code (Code of Ala. 1975, § 11-52-75-1), Regulations as to housing of mentally retarded or mentally ill persons in multi-family zones, Code of Alabama, 1975 as amended, shall apply.
Fraternity/sorority facility. A home for three or more unrelated male or female students who are house members of a social organization related to a college campus or similar organization.
Maternity facility. An institution operated solely for the care and treatment of women during pregnancy, delivery, and/or within ten days subsequent to delivery. The term shall include any individual or institution providing such services within a period of one year to one or more women not related by blood or marriage to persons living in or operating such building or institution.
Nursing home. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.
Rooming house. A building other than a hotel where lodging for three or more persons (up to 12 persons) not of the immediate family is provided for definite periods and for compensation and by prearrangement for definite periods.
Sorority house. A home for three or more unrelated female students who are members of a social organization related to a college campus or similar organization.
Transitional home. Any dwelling or similar facility operated for the provision of room and board in the rehabilitation, resocialization and/or adjustment of three or more individuals, patients or clients, excluding jails, prisons, and other correctional institutions.
Other similar buildings, facilities, homes or structures. Any home or facility similar in function to those listed above shall be deemed a communal living facility.
(42)
Convenience store. A one story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items at a time, (in contrast to a supermarket) including, not more than one (1) automobile fuel service islands containing two (2) pumps.
(43)
Craft or hobby shop. A commercial establishment which sells or offers for sale materials and/or supplies related to art, flower arranging, ceramics, needlepoint, woodcraft, related books and instructional materials and similar activities.
(44)
Covenant. A written agreement between two or more parties for the performance of some action. When used in relation to property or real estate, it is generally an agreement executed between the buyer and seller of such real estate, and should be enforced by private landowners and not be the municipality ordinance. This term shall also include deed restrictions.
(45)
Cul-de-sac. A dead-end street terminated by a vehicle turn-around having a minimum right-of-way radius of fifty (50) feet.
(46)
District. A part, zone or geographic area within the CIty in which certain zoning or development regulations apply.
(47)
Dormitory. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.
(48)
Dump/landfill. A land site used primarily for the disposal by dumping, burial, burning or other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, and other waste, scrap or discarded material of any kind. (See also Landfill )
(49)
Dwelling. A structure or portion thereof which is used exclusively for residential purposes.
(50)
Dwelling, single-family. A building designed for or used by one family.
(51)
Dwelling, single-family detached. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
(52)
Dwelling, single-family attached. A single family dwelling on its own lot attached to two other single-family dwellings connected by common vertical walls.
(53)
Dwelling, single-family semi-attached. A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
(54)
Dwelling, garden home/patio home. A building containing one family dwelling unit with no side yard requirement on one side.
(55)
Dwelling, townhouse. A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to outside; no unit is located over another unit; each unit is separated from any other unit by not more than two more common fire resistant walls; each dwelling of which shall be platted on individual lots.
(56)
Dwelling, two family/duplex. A structure on a single lot designed for or occupied by two families, is totally separated from each other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
(57)
Dwelling, multi-family. A dwelling designed for or occupied by three or more families or unrelated individuals.
(58)
Dwelling unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
(59)
Existing use. The use of a lot or structure at the time of the enactment of this ordinance.
(60)
Family. One or more persons, all but two of whom are related by blood, marriage, or adoption, or a group of not to exceed five persons not all related by blood or marriage, occupying the premises and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar communal living facility dwelling for group use.
(61)
Farm support business. A commercial establishment engaged in the sale of farm support goods and services, including the sale of feed, grain, fertilizers, pesticides and similar goods; the provision of warehousing and storage facilities for raw farm products; and the provision of veterinary services to farm animals.
(62)
Farm. A three acre or larger tract of land used for the production, keeping or maintenance, for sale or lease of plants and animals useful to man.
(63)
Fence. An artificially constructed barrier or any material or combination of materials erected to enclose or screen areas of land.
(64)
Flea market. An occasional or periodic market held in an approved structure on location where groups or individual sellers offer goods for sale to the public.
(65)
Floor area. The sum of the gross horizontal areas of the floors of a building measured from the exterior face or exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
(66)
Fraternal organization. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.
(67)
Frontage. That length of a lot abutting on a street; along the front lot line.
(68)
Frontage, street. All the property on one side of a street between two streets which intersects such street (crossing or termination), measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between a street which intersects such street and the dead end of the street.
(69)
Garage. A deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles, wholly or partly enclosed.
(70)
Garage, municipal. A structure owned or operated by the City of Bessemer and used primarily for the parking and storing of vehicles owned by the general public.
(71)
Garage, private customer and employee. A structure which is accessory to a non-retail commercial or manufacturing establishment, building or use and is primarily used for the parking and storage of vehicles operated by the customers, visitors and employees of such building, and which is not available to the general public.
(72)
Garage, private residential. A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise now available to the general public. The garage shall have storage for no more than two automobiles or a number of automobiles which does not exceed twice the number of dwelling units. Residential garages shall be restricted to 14 feet in height.
(73)
Garage, public. A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
(74)
Grade. The average level of the finished ground surface adjacent to the exterior walls of the building.
(75)
Grade, finished. The final elevation of the ground surface after development.
(76)
Health care facility. A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for sheltered care and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer.
(77)
Heavy equipment and specialized vehicle sales, rental, and service establishment. Building and premises for the sale, rental, and servicing of trucks, buses, boas, mobile homes, trailers, and farm and construction machinery or equipment, not including any vehicles designed primarily for the transportation of fifteen or fewer passengers. For the purpose of this zoning ordinance, heavy equipment and specialized vehicle sales, rental, and service establishments shall not be deemed to include vehicle rental and ancillary service establishments; however vans and recreational vehicles may be sold rented, and serviced.
(78)
Home occupation. Any occupation or activity which is clearly incidental to the use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory building by a member of a family residing on the premises, in connection with which there is no advertising other than an identification sign of not more than one square foot in area which is neither illuminated or animated, and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the premises; and in connection with which no person outside the family is employed and no equipment used other than that normally used in connection with a residence. Home occupation shall not include doctors' or dentists' offices for the treatment of patients.
(79)
Hospital. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, whom are suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
(80)
Home improvement center. A place of business providing building, appliance, yard and garden materials, tools, and supplies at retail and wholesale.
(81)
Hotel. A building in which lodging, or boarding and lodging, are provided and offered to the public in return for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. A hotel is open to the transient public in contrast to a boardinghouse, or a rooming house which are herein separately defined.
(82)
Institution. The structure or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on nonprofit functions of a public or semi-public nature, including but not limited to hospitals, schools, churches, fraternal orders and also including residential accessory uses, limited to rectories, parsonages, dormitories and dwellings for resident administrators, watchmen, custodians or caretakers.
(83)
Junkyard, general. A parcel and/or lot used for the outside storage or placement of used and/or damaged materials and items.
(84)
Junkyard, vehicular. A parcel and/or lot used for the outside placement, storage, parking, dismantling, or disassembling of any disabled or inoperable vehicles, or parts thereof, including, but not limited to motors, tires, wheels, axles, transmissions and other accessories.
(85)
Kennel. Any building(s) or land designated or arranged for the care of 5 or more dogs or cats belonging to the owner of the principal use kept for purposes of show, hunting, or as pets. A commercial kennel shall be defined as an establishment for the housing, grooming, breeding, boarding, training, or selling of animals, primarily, but not limited to domesticated dogs and cats. This definition shall not be applicable to veterinarians operating under license from the State of Alabama who board dogs or other pets in an enclosed structure.
(86)
Loading space. A space having a minimum dimension of twelve by thirty-five feet and a vertical clearance of at least fourteen feet within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.
(87)
Lodge. A building or group of buildings under single management, containing both rooms and dwelling units available for temporary rental to transient individuals or families; or the place where members of a local chapter of an association hold their meetings; and, the local chapter itself.
(88)
Lot. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit, having principal frontage upon a street.
(89)
Lot area. The total area within the established property lines of a lot, excluding any street rights-of-way.
(90)
Lot, corner. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
(91)
Lot coverage. That portion of the lot that is covered by buildings and structures.
(92)
Lot depth. The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth should be measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every ten feet and averaging the length of these lines.
(93)
Lot, double frontage. A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
(94)
Lot frontage. The length of the front lot line measured at the street right-of-way line.
(95)
Lot, interior. A lot other than a corner lot.
(96)
Lot line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
(97)
Lot line, front. The lot line separating a lot from a street right-of-way.
(98)
Lot line, rear. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
(99)
Lot line, side. Any lot line other than a front or rear lot line.
(100)
Lot of record. A lot which exists as shown or described on a recorded subdivision plat or deed in the records of the office of Judge of Probate, Jefferson County.
(101)
Lot width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
(102)
Mini-warehouse. A building or structure which is designed or used for the storage of goods, wares or merchandise, provided no display, sale or such storage does not include perishable items or other items that may cause a health hazard or highly combustible, flammable or explosive products or materials; said building or structure shall be limited to a maximum size of 20,000 square feet and be designed with cubicles or separate storage areas having a maximum size of 1,000 square feet and a maximum width of 25 feet.
(103)
Mobile home or manufactured home. A structure, transportable in one or more sections, which in the traveling mode, is no more than eight (8) body feet in width or forty (40) body feet or more in length, or when erected on site, is no more than three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems continued therein. The structure, if constructed on or after June 15, 1976, meets or exceeds the manufactured home construction and safety standards of the US Department of Housing and Urban Development.
(104)
Mobile home space. A plot of land for placement of a single mobile home within a mobile home park.
(105)
Mobile home subdivision/mobile home park. A subdivision containing two or more mobile homes used as living quarters, in which the mobile homes are situated on individually owned lots. A park under one ownership where mobile home sites are leased, etc.
(106)
Modular home. A dwelling constructed on-site in accordance with the International Standard Building Code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home is not a mobile home in that the latter is constructed in a plant in accordance with the manufactured home construction and safety standards of the US Department of Housing and Urban Development and does not meet the construction standards of the International Building Code.
(107)
Motel. An establishment providing transient accommodations containing six or more rooms with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, having no provisions for cooking in the individual rooms.
(108)
Nonconforming lot. A lot, the area, dimensions or location which was lawful prior to the revision of this ordinance, but which fails by reason of such revision to conform to the present requirements of the zoning district.
(109)
Nonconforming use. A use or activity which was lawful prior to the revision of this ordinance, but which fails, by reason of such revision, to conform to the requirements of the zoning district.
(110)
Nursery school or kindergarten. Any premises or portion thereof used for educational work or parental care of children of less than the age required for enrollment in the public school system.
(111)
Nursing home. An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to two or more individuals who are not related to the governing authority or its members by marriage, blood or adoption and who by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. (See Communal living facilities )
(112)
Office building. A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity.
(113)
Office park. A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.
(114)
Offices. Space or room for professional, administrative, clerical, and similar uses.
(115)
Open-air market. Retail sale of arts, crafts, produce, discount or used goods partially or fully outside of an enclosed building such as flea market, produce, market, craft market or farmers market.
(116)
Open space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
(117)
Outside storage. The keeping, in an unenclosed area of any goods, materials, products, merchandise or vehicles in the same place. Outdoor storage shall not include open retail display areas such as vehicle sales, nursery product sales, nursery product sales, furniture display areas, and similar activities.
(118)
Park. Publicly owned and operated parks, playgrounds, recreation facilities and open space.
(119)
Parking area. Land reserved for the parking of vehicles, including necessary maneuvering area.
(120)
Parking lot. An open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.
(121)
Parking space, off-street. An accessible space 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 than one hundred sixty-two square feet, exclusive of driveways and maneuvering area.
(122)
Buffers. An area, so planted that within one full year of the installation said planting shall provide a visually barrier as specified elsewhere in this ordinance.
(123)
Planning and zoning commission. The planning and zoning commission of Bessemer, Alabama.
(124)
Planning and zoning administrator. Person is responsible for enforcing the zoning regulations, (i.e., building official or similar title).
(125)
Premises. A lot, parcel, tract or plot of land together with the buildings and structures thereon.
(126)
Principal building. A building in which is conducted the principal use of the lot on which it is located. In any residential district any dwelling shall be deemed to be the principal building.
(127)
Principal use. The primary or predominant use of any lot.
(128)
Public buildings. Buildings arranged for the purpose of providing public services, not otherwise listed in this section, including museums, government offices, post office, transit stations, police stations, fire stations, emergency medical service stations, civil defense operations, and similar towers.
(129)
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.
(130)
Public utility/facilities. Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility; not to include radio, television, cellular communications towers.
(131)
Public utility service. Essential utility services which are necessary to support development and which involve only minor structures such as lines and poles.
(132)
Rehabilitation facility. An institutional facility providing residential and custodial care for the rehabilitation of socially impaired individuals who are indigent, recovering from addition to drugs or alcohol.
(133)
Quarry. A place where rock, ore, stone and similar materials are excavated for sale or for off-tract use.
(134)
Restaurant - standard. An establishment where food and drink are prepared, served and primarily consumed within the building where guests are seated and served.
(135)
Restaurant - fast food. An establishment where food and drink are rapidly prepared for carryout, fast delivery, drive-through, and may include standard sit-down consumption.
(136)
Retail service. Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.
(137)
Retail trade. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
(138)
Riding academy. An establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.
(139)
Satellite dish antenna. A device or instrument, designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be solid, open mesh, or a bar-configured structure, typically eight to twelve feet in diameter, in the shape of a shallow dish or parabola.
(140)
School. Public or nonprofit school.
(141)
School-commercial. Private, gainful business providing instructional service in arts, business, crafts, trades and professions.
(142)
Self-storage structure. A building or structure which is designed or used for the storage of surplus personal property accumulated in the maintenance or operation of a home, apartment, or dwelling, provided no display or sale of such items are allowed on the premises and further provided such storage does not include highly combustible, flammable or explosive products or materials; said building or structure shall be limited to a maximum size of 10,000 square feet and shall be designed with cubicles or separate storage areas having a maximum size of 250 square feet and a maximum width of 10 feet.
(143)
Service station, self-service. Any building, structure, or land used primarily for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories but not including any major or minor repair work. (See Automotive repair, major and minor .)
(144)
Service station, full-service. Any building, structure, or land used primarily for the dispensing, or retail sale of any automobile fuels, oils, or accessories, and offering minor automotive repair limited to installation and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tuneups, 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. This excludes any servicing of trucks or heavy equipment.
(145)
Shopping center. A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
(146)
Sign. A name, identification, description, display or illustration which is affixed to, painted, or represented, directly or indirectly upon a building, structure, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization or business. The term "sign" shall not include official court or government notices nor the flag, emblem, or insignia of a nation, political unit, school, or religion. (See also, Separate sign provisions for sign definitions.)
(147)
Sign, billboard/off-premise[s] advertising. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(148)
Sign, changeable/message board. A sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
(149)
Sign, business. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
(150)
Sign, free standing or ground. A sign securely affixed to a substantial support structure which is attached to the ground and wholly independent of any building for support.
(151)
Sign, identification. A sign giving the nature, logo, trademark or other identifying symbol; address; or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
(152)
Sign, illuminated. A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
(153)
Sign, portable. A sign that is not permanent, affixed to a building, structure or the ground.
(154)
Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
(155)
Sign, roof. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
(156)
Sign, temporary. A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for 60 days or less.
(157)
Sign, wall. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.
(158)
Special exception. A variation in the terms of the zoning ordinance where permission is given to establish a use normally associated with the applicable district but which requires special permission from the zoning board of adjustment for its creation.
(159)
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.
(160)
Story, half. A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40 percent of the total floor area of the story directly.
(161)
Street. A public thoroughfare which affords the principal means of access to abutting property.
(162)
Street line. A dividing line between a lot, tract or parcel of land and a contiguous street.
(163)
Structural alterations. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders; provided, however, that the application of any exterior modernizing shall not be considered a structural alteration.
(164)
Structure. Anything constructed or erected, the use of which required a location on the ground, or attached to something having a location on the ground, including but not limited to buildings, signs, billboards, backstops for tennis courts, fences or radio towers.
(165)
Structure, temporary/modular. A modular building installed on foundation, connected to utilities as temporary and incidental to another business.
(166)
Tourist home. A dwelling in which accommodations are provided or offered for one or more transient guests for compensation.
(167)
Travel trailer. Any enclosure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings and which has been, or reasonably may be, equipped with wheels or other devices for transporting the enclosure from place to place, whether by motor power or other means. The term "trailer" shall include camp car, house car; not a mobile home.
(168)
Travel trailer park/campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units or travel trailers as temporary living quarters for recreation, education or vacation purposes.
(169)
Use. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
(170)
Use permitted upon review or appeal. A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this ordinance and authorized by the board of adjustment.
(171)
Variance. A modification of the terms of the zoning ordinance, where such variance will not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the zoning ordinance would result in unnecessary and undue hardship. as used in this zoning ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a permanent use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts.
(172)
Wrecker service yard. A parcel and/or lot used for the outside placement and/or storage of vehicles awaiting final disposition. Disabled vehicles may not be placed or stored on this lot unless the property is properly zoned and all pertinent licenses maintained. This definition shall not be applicable to junkyards as defined herein.
(173)
Yard. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this ordinance.
(174)
Yard, front. A yard, or yards in the case of a corner lot, extending across the full width of the lot between the front lot line(s) and the nearest line of the main building. On corner lots the front yard can face either street as long as the setback requirements are met.
(175)
Yard, rear. A yard extending across the rear of a lot between the side lot lines. On all lots the rear yard shall be in the rear of the front yard.
(176)
Yard, side. A yard between the main building and the side lot line and extending from the required front yard to the required rear yard.
(177)
Zone map. The map referred to as part of this ordinance, see zoning districts and boundaries.
(178)
Zoning district map. The zone map.
(Ord. No. 3529, § I, 12-16-2014)