zoning ordinance of the city of pelham, alabama

Transcription

ZONING ORDINANCE
CITY OF PELHAM
PELHAM, ALABAMA
JULY 16, 2007
(1)
TABLE OF CONTENTS
Page
ARTICLE I
SHORT TITLE
11
ARTICLE II
PURPOSE, METHOD, AND AUTHORITY
12
Section 1
Section 2
Section 3
Section 4
Purpose
Relation to Comprehensive Plan
Methods
Authority
12
12
12
12
ARTICLE III
DEFINITIONS
13
Section 1
Section 2
Section 3
Generally
Interpretation
Definitions
13
13
13
ARTICLE IV
ZONING DISTRICTS, MAP, BOUNDARIES, AND
ANNEXED PROPERTY
32
Section 1
Section 2
Section 3
Section 4
Section 5
Establishment of Districts
Establishment of Overlay District
Zoning Map
District Boundaries
Annexed Property
32
32
32
33
33
ARTICLE V
GENERAL REGULATIONS
34
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Use of Land
Use of Structures
Height of Structures
Dimensional Regulations
Zoning Requirements for Moving Building
Encroachment on or Reduction of Open Spaces, etc.
Off-street Parking and Loading
Corner Visibility
Building to be on Lots
More than One Principal Building on One Lot
Joint Occupancy
Permits for Construction
Building Material Storage
Lot Width at Street Line
Abatement of Noise, Lighting, Smoke, Gas, Vibration,
Fumes, Dust, Fire, Radio Interference, Explosion Hazard, or
Nuisance
Grading and Clearing
34
34
34
34
34
34
34
34
35
35
35
35
35
35
35
Section 16
(2)
35
ARTICLE VI
A-1 AGRICULTURAL DISTRICT
36
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Special Exception Uses
Prohibited Uses
Area and Dimensional Regulations
Parking Regulations
Landscape Regulations
Sign Regulations
Additional Regulations (When Applicable)
36
36
36
37
37
37
38
38
38
ARTICLE VII
E-1 ESTATE RESIDENTIAL DISTRICT
39
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
39
39
39
39
40
40
40
40
40
ARTICLE VIII
R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
41
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
41
41
41
41
42
42
42
42
42
ARTICLE IX
R-2 TWO-FAMILY RESIDENTIAL DISTRICT
43
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
43
43
43
43
44
44
44
44
44
(3)
ARTICLE X
R-G GARDEN HOME RESIDENTIAL DISTRICT
45
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
45
45
45
45
46
46
46
46
46
ARTICLE XI
R-T TOWNHOUSE RESIDENTIAL DISTRICT
48
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
48
48
48
48
49
49
49
49
49
ARTICLE XII
R-A APARTMENT DWELLING DISTRICT
51
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
51
51
51
51
52
52
52
52
52
ARTICLE XIII
O&I OFFICE AND INSTUTIONAL DISTRICT
54
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
54
54
55
55
56
56
56
56
56
(4)
ARTICLE XIV
B-1 NEIGHBORHOOD BUSINESS DISTRICT
58
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
58
58
58
59
59
59
59
59
60
ARTICLE XV
B-2 GENERAL BUSINESS DISTRICT
61
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
61
61
62
62
63
63
63
63
63
ARTICLE XVI
B-3 WAREHOUSE BUSINESS DISTRICT
64
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
64
64
64
64
65
65
65
65
65
ARTICLE XVII
B-4 MINI-WAREHOUSE DISTRICT
66
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
66
66
66
66
67
67
67
67
68
(5)
ARTICLE XVIII
M-1 LIGHT INDUSTRIAL DISTRICT
69
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
69
69
70
71
71
72
72
72
72
ARTICLE XIX
M-2 HEAVY INDUSTRIAL DISTRICT
73
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Permitted Uses
Prohibited Uses
Parking Regulations
Sign Regulations
73
73
73
74
74
74
75
75
75
ARTICLE XX
PUD – PLANNED UNIT DEVELOPMENT DISTRICT
76
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Application and Requirements for PUD
Review Procedure
PUD Land Use Districts
Consideration of PUD
Building Permit
Amendment of the Plan
Time Limit for Development of the Plan
Effect of Changes to Zoning Ordinance
76
76
80
80
94
95
96
96
97
ARTICLE XXI
CORRIDOR OVERLAY DISTRICT
98
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Intent
Areas of Applicability
Submission Requirements
Regulatory Interpretation Process
Site Design
Building Design and Orientation
Fences and Walls
Exterior Lighting
Grading and Drainage
98
98
98
99
99
100
100
101
101
(6)
Section 10
Section 11
Section 12
Section 13
Signs
Parking Regulations
Landscape Buffer Regulations
Severability Clause
101
101
101
101
ARTICLE XXII
SIGN ORDINANCE
102
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Purposes
Definitions
Measurements and Interpretations
General Regulations
Signs Exempt form Regulation
Signs Allowed without a Permit
Signs in Public Right-of-Way
Regulations for Specific Sign Types (Permanent Signs)
Lighted Signs, Conditions
Substitution of Messages
Prohibited Signs
Off-Premise Advertising Signs
Regulations for Specific Sign Types: Temporary Signs
Signs Permitted in the Agricultural District
Signs Permitted in the E-1, R-1, R-G, and PR-1 Residential
Districts
Signs Permitted in the R-2, RT, RA, PR-2 and PR-3
Residential Districts
Signs Permitted in the Office and Institutional (O & I)
District and Planned Office and Institutional (PO-I) District
Signs Permitted for Individual Retail and Service
Establishments in the B-1, B-2, B-3, B-4, M-1, M-2, PC, PB,
P-MX, and P-CD Districts
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
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
Signs Permitted in the Planned Unit Development Districts
Permitting Procedures
Right-of-Way Encroachment Permits
General Administrative Provisions
Nonconforming Status
Abandoned Signs
Removal of Signs
Penalties
Severability Clause
Effective Date
102
102
105
105
106
106
106
107
108
108
108
109
109
112
113
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
(7)
114
115
115
116
117
118
118
120
121
122
122
122
124
124
125
ARTICLE XXIII
OFF-STREET PARKING AND LOADING
REQUIREMENTS
126
Section 1
Section 2
Section 3
Section 4
Purpose of Off-Street Parking and Loading Requirements
Parking Requirements for Specific Uses
Rules in Applying Off-Street Parking Standards
Loading Area Requirements
126
126
130
132
ARTICLE XXIV
SUPPLEMENTARY REGULATIONS AND
MODIFICATIONS
134
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Regulations Supplemental
Use Modifications
Height Modifications
Area Modifications for Lots of Record
General Yard Modifications
Front Yard Modifications
Rear and Side Yard Modifications
Walls and Fences
Landscaping and Buffers
Accessory Antennas
Accessory Structures
Sidewalks
Screening
Each Business to be Located in Permanent Building
134
134
134
135
135
135
136
136
136
140
142
143
144
144
ARTICLE XXV
DETAILED USE REGULATIONS
145
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Purpose
Standards Applicable to Certain Uses
Group Home/Family Care Home
Day Care Home
Day Care Center
Home Occupation
Industrial Park Regulations
Shopping Center Requirements
Manufactured (Mobile) Homes
Regulations Pertaining to Modular (Mobile) Offices
Motor Vehicle Sales Lot
Gasoline Service Station
Vehicle Repair (Major)
Hospitals
Retirement and Nursing Homes
Veterinary Clinics, Veterinary Hospitals, Dog Training
Facility, Boarding Facility, Outside Kennels or Dog Runs
Short-Term and Seasonal Businesses
Special Events
145
145
145
146
146
147
148
149
150
151
151
152
153
154
154
155
Section 17
Section 18
(8)
156
156
ARTICLE XXVI
NONCONFORMING USES OF LAND AND
BUILDINGS
158
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Intent
Continuance
Restoration to Safe Condition
Restoration after Damages
Abandonment
Change in Use
Abandoned Right-of-Way
Nonconforming Lot of Record
158
158
158
158
158
158
158
158
ARTICLE XXVII
BOARD OF ADJUSTMENT
159
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Appointment
Procedure
Powers and Duties
Administrative Review
Appeals
Stay of Proceedings
Application for a Special Exception Use Hearing
Variances
Board Action on Applications
Appeals from Action of the Board
Limitation on Requests to the Board of Adjustment
159
159
159
159
159
159
160
160
161
162
162
162
ARTICLE XXVIII RULES OF PROCEDURE OF THE PLANNING
COMMISSION
163
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Intent
Authority
Membership
Officers
Applications and Hearings
Meetings
Quorum
Minutes
Amendments
Effectiveness
163
163
163
163
164
165
165
165
165
165
ARTICLE XXIX
ADMINISTRATION AND REVIEW PROCEDURES
166
Section 1
Section 2
Section 3
Section 4
Section 5
Enforcing Officer
Building Permit Required
Review of Building Permit Applications
Approval of Building Permit Applications
Denial of Building Permit Applications
166
166
166
167
167
(9)
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Certificate of Occupancy
Interpretation of District Boundaries
Interpretation of Uses
Unclassified Uses
Expiration of Building Permit
Unlawful Structure
Remedies
167
167
168
168
168
168
168
ARTICLE XXX
INTERPRETATION OF ORDINANCE
169
Section 1
Section 2
Minimum Requirements
City not Subject to Ordinance
169
169
ARTICLE XXXI
AMENDMENTS AND CHANGES
170
Section 1
Section 2
Section 3
Section 4
Requirements for Change
Petition for or Initiation of Change
Action on Petition
Fees
170
170
170
170
ARTICLE XXXII
VIOLATION AND PENALTY
171
Section 1
Penalties
171
ARTICLE XXXIII LEGAL STATUS PROVISIONS
172
Section 1
Section 2
Section 3
Section 4
Interpretation and Purpose
Severability Clause
Repeal of Existing Ordinances
Effective Date
172
172
172
172
APPENDIX - RESERVED
173
(10)
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 of
Pelham, Alabama as follows:
This Ordinance shall be known as the “Zoning Ordinance of the City of Pelham, Alabama,” and
the map herein referred to, identified by the title “Zoning Map of Pelham, Alabama,” shall be
further identified by the signature of the Mayor of the City of Pelham and attested by the City
Clerk. The Zoning Map of the City of Pelham is hereby adopted and made a part of this
ordinance. Said zoning map shall zone only territory within the City of Pelham. Such map is
filed with the Clerk of the City of Pelham at the time of the introduction of this Ordinance, will
remain on file in the office of the said Clerk and upon the adoption of the Ordinance, said map
will show by endorsement thereon the date of such adoption.
(11)
ARTICLE II - PURPOSE, METHOD AND AUTHORITY
Section 1. Purpose. The zoning regulations and districts as herein established have been made
in 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 and
natural 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 of
Pelham; to reduce hazards to life and property; to establish the location and size of and the
specific 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 required
for 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 adequate
system of transportation, education, recreation, sewage disposal, safe and sufficient water supply
and other public requirements; to conserve life, property and natural resources and the
expenditure of funds for public improvements and services to conform with the most
advantageous 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, and
amendment 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 into
districts of such number, shape and area, and of such common unity of purpose, adaptability or
use, which are deemed most suitable to provide for the best general civic use, protect the
common 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 also
the location, height, bulk, occupancy and uses of buildings or other structures, including the ratio
of 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 11-52-70
of the Code of Alabama 1975, as amended and supplanted by all applicable laws, to provide for
the establishment of districts within the corporate limits of the City of Pelham, Alabama; to
regulate within such districts the height, number of stories, and size of buildings and other
structures, the percentage of lot that may be occupied, the size of yards and other spaces, the
density of population and the use of buildings, structures, and land; to repeal all existing zoning
ordinances and to provide methods of administration of this ordinance and penalties for the
violation thereof.
(12)
ARTICLE III - DEFINITIONS
Section 1. Generally. For the purposes of this Ordinance, certain words and terms are defined
as herein indicated and shall apply to all parts of this Ordinance. Unless specifically defined
herein, words or phrases used in this Ordinance shall be interpreted so as to give them the same
meaning 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 and
derivative forms; all words in the singular number shall include the plural number; and all words
in the plural number shall include the singular number unless the natural construction of the
wording indicates otherwise; the words “used for” shall include the meaning “designed for”; and
the 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. The
word “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 of
the 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 share
a common border with or be separated from the common border by an easement, right-ofway, railroad, or body of water.
Accessory Dwelling. A dwelling unit (other than a manufactured home) used in
combination 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 nonresidential 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 and
devoted 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, and
including sale of crops, dairy and horticultural farm products incidental to the operation
of 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 secondary
means 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 directly
from ground-based sources, which are freestanding or mounted on a structure.
(13)
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 unit
of 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 to
act pursuant to the terms of this Ordinance as expressly authorized by the provisions of
Article XXVII -Board of Adjustment.
Applicant. One (1) individual who is duly authorized to submit development plans for
review, request variances or changes in zoning classification, and apply for any form of
development 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 thereof
which:
1. Accepts primarily aged persons for domiciliary care, not nursing or medical
care;
2. Provides on site to its residents private lockable residential spaces; meal
service in a community dining facility and non-medical personal care services
appropriate 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 unrelated
Home Health Service or a Medical Doctor's Office for ease of access to those
services by the residents;
4. Provides linkages with hospitals, community services and makes
transportation available; and
5. Provides timely assistance to residents for response to urgent or emergency
needs.
Bank or Financial Service. A business engaged in providing banking or financial
services 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.”
(14)
Broadcast Studio. Establishments primarily engaged in the provision of broadcasting
and other information relay services accomplished through the use of electronic and
telephonic mechanisms, including film and sound recording, such as a radio studio, TV
studio, 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, and
enhancing the natural environment, thereby providing for a compatible mix of otherwise
conflicting 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 or
walls 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 grade
measured 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 extreme
overall dimensions of a building as staked on the ground, including all area covered by
any horizontal projection or any vertical projection to the ground of overhang of walls, or
of the roof or any other part of a structure which is nearest to the property line, except
that open steps, terraces, and patios may be excluded.
Building, Principal. A building in which is conducted the principal use of the lot on
which 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 tract
of 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 walls
constructed of wood, metal, glass, brick, or masonry materials, which completely enclose
the principal building area. A principal building shall not be a mobile building.
Building Separation or Spacing. The minimum distance between buildings measured
from the outermost projection.
Business or Professional Office. A place where the administrative affairs of a business
or profession is conducted such as the office of a law firm, real estate agency, insurance
agency, architect, secretarial services, the administrative staff of business or industry, and
the like.
(15)
Carport. An accessory structure attached to a principal building, having a roof with one
or more open sides and intended for the sheltering of motor vehicles.
Car Wash. A commercial establishment, approved by the Alabama Department of
Environmental Management and licensed by the City of Pelham, engaged in washing or
cleaning 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 not
counted 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 parts
thereof, of any organized religion.
Clinic. A building or a portion of a building where patients are not lodged overnight, but
are 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 a
corporation 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 on
as a business.
Common Open Space. Any greenbelt, park, lake, river, or recreational development or
area which is owned in common or private, devoid of any buildings and other physical
structures, except where accessory to the provision of recreation opportunities, and which
is developed, located, and/or maintained to provide relatively permanent recreational
opportunities. 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 in
fee to the City or other governmental agency to be responsible for the operation and
maintenance, shall not be for the exclusive use of the development.
Communal Living Facility. A building or structure licensed by the State of Alabama
and permitted by the City of Pelham, in which three or more unrelated persons reside in a
dwelling unit. These types of facilities must have a building separation greater than
1,000 feet from another communal living facility. Communal living facilities are not
meant to include child foster care facilities nor facilities housing the mentally
handicapped or mentally ill, where there are no more than ten such people plus two
unrelated persons to either the occupants of the facility or to each other. (Code of
Alabama 11-52-75.1)
(16)
Commercial Greenhouse. See “Garden Center”
Comprehensive Plan. The official public document prepared in accordance with
Section 11-52-8 of the Code of Alabama, as amended, consisting of maps, charts, and
textual material that constitutes a policy guide to decisions about the physical and social
development of the City of Pelham.
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 of the
owners on a proportional, undivided basis.
Construct. Construct shall include build, erect, reconstruction, alteration, moved upon
or any physical operations on the premises required for the building, principal structure,
sign or accessory use. This definition shall include excavations, earthwork, fill, drainage
work, 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 a
relatively few items at a time. Such an establishment may also engage in the sale of
vehicle fuel, oil, and accessories.
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 the municipality, unless the proposed use violates the zoning
ordinance. This term shall also include deed restrictions.
Cul-de-Sac. The dead–end street terminated by a vehicle turnaround area having a
minimum pavement radius of 40 feet, with a minimum radius of 50 feet to accommodate
school 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 a
residential dwelling by a resident, providing day care on a regular basis to six or less
children.
Density. The minimum required lot area per dwelling unit or the maximum number of
dwelling units per acre of site area.
Development. The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, alteration, relocations, or enlargement of a
structure; any mining, dredging, filling, grading, paving, excavation, drilling, or
disturbance of land; and any use or extension of the use of the land.
(17)
District. A section or sections of the City of Pelham for which the zoning regulations
governing 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 may
view 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 or
occupied by two dwelling units, contained entirely under one roof on one lot.
Dwelling. Any building or portion thereof, which is designed or used exclusively for
residential occupancy.
Dwelling, Attached Family. A building designed and arranged to provide separate
sleeping, cooking and kitchen accommodations and toilet facilities for occupancy of more
than one family whereby the individual living units are built for sale, in fee simple, and
not for lease and including duplexes, cluster homes and townhomes.
Dwelling, Multiple. A structure designed or used for residential occupancy by more
than two (2) families, with separate kitchen or dining facilities, including apartments,
apartment hotels, fraternities, sororities, dormitories, row houses, town houses, and
similar housing types, but not including hotels, motels, hospitals, or nursing homes.
Dwelling, Single Family. A detached building so designed and arranged to provide
sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by one
family only.
Dwelling, Two Family. A building so designed and arranged to provide separate
sleeping, 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 single
habitable 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 be
recognized under this Ordinance which has not been created through a valid legal
instrument 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 court
order.
Earthwork. The breaking of ground, except common gardening and ground care.
(18)
Family. One or more persons occupying a dwelling and living as a single housekeeping
unit, all but two (2) of whom are related to each other by birth, adoption or marriage, as
distinguished from a group occupying a boarding house, rooming house, or hotel.
However, notwithstanding the preceding definition, a family shall also be deemed to
include 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 of
Alabama 24-8-1, et seq. Such unrelated individual(s) shall have the right to occupy a
dwelling unit in the same manner and to the same extent as any family unit as first
defined 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 proper
engineering standards to alter the elevation of a given site.
Floor Area. The gross horizontal areas of all floors, including penthouses (but excluding
such areas within a building which are used for parking) measured from the exterior faces
of the exterior walls of a building. Basements and cellars shall not be included in the
gross 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 surveyor
who is licensed by, and registered with, the State of Alabama as a surveyor, clearly
showing 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 which
intersects such street (crossing or termination), measured along the line of the street, or if
the street is dead-ended, then all of the property abutting on one side between a street
which intersects such street and the dead end of the street.
Funeral Home. A commercial establishment engaged in funeral and undertaking
services 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 be
used for the parking and storage of motor vehicles.
(19)
Garden Center. A place of business where garden-related products and produce are sold
to the retail consumer. These centers, which may include a nursery and/or commercial
greenhouse, bring in most items offered for sale from other locations. These items may
include plants, nursery products and stock, fertilizers, potting soil, hardware, power
equipment 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, sale
or offering for sale at retail of any automobile fuels, or oils, but not including major
repair 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 of
the 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 mentally
handicapped persons, which may in addition include two resident staff who need not be
related by blood or marriage to each other or to any of the mentally retarded or mentally
ill persons living within, who live together as a single housekeeping unit and in a longterm, 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 food
items. Such an establishment may also include beverages, household supplies, personal
care 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 sale
of vehicle fuel.
Hazardous Uses. All uses which involve the storage, sale, manufacture, processing or
handling of materials which are easily ignited and likely to burn with moderate rapidity
or 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 or
support, and located entirely within the living area of a dwelling as an incidental activity
of the residents of that dwelling and employing only the inhabitants thereof, in which not
more 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 exterior
identification of the home occupation or variation from the residential character of the
premises. A home occupation shall not create noise, produce odors, vibration, electrical
interference, or traffic safety hazards or congestion, nor interfere with the health, safety
morals, convenience, and/or general welfare of the public. (See Article XXV, Section 6
– Detailed Use Regulations – Home Occupation)
(20)
Hospital. A public or proprietary institution providing medical diagnosis, treatment, or
other care of human ailments, operating under license by the Alabama State Health
Department, and which, unless otherwise specified, shall be deemed to include
institutions primarily for treatment of contagious diseases and the insane or feeble
minded but not including nursing homes.
Hotel. A building in which lodging, or boarding and lodging are provided and offered to
the public 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. The
facility 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 seniors
for 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, but
only limited support services are typically provided.
Industrial (Manufacturing), Heavy. All other types of manufacturing not included in
the definitions of light manufacturing. Any uses, which are detrimental to property or to
the 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 the
incidental storage, sale, and distribution of such products, including research activities.
Said district imposes absolutely no danger to health or safety in surrounding area, and
does 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 public
streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in
a state of disrepair or incapable of being moved under its own power.
Institution. The structure or land occupied by a group, cooperative, board, agency or
organization created for the purpose of carrying on non profit functions of a public or
semi-public nature, including but not limited to hospitals, schools, churches, fraternal
orders and orphanages, and also including residential accessory uses, such as rectories,
parsonages, dormitories and dwellings for resident administrators, watchmen, custodians
or 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 parts
thereof, including, but not limited to motors, tires, wheels, axles, transmissions and other
accessories. (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 for
administrative regulations within its sphere of authority, and to also include any tracts of
land 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 permanently
or 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, and
flowers, 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 forty
feet 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 a
minimum clear height of fifteen feet, within the principal building or on the same lot and
not extending into the road right-of-way, providing for the standing, loading or unloading
of 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 surface
area which complies with the area and dimensional regulations of the zoning district in
which it is located. Each lot shall be comprised of land area in an amount equal to or
greater 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 building
set 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 or
from 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 is
the line separating such lot from such a street. On corner lots the front lot line shall be
considered 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 lot
terminating 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 a
length 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 recorded
in the Office of the Judge of Probate of Shelby County, Alabama, or a parcel of land
described by metes and bounds, the plat of description of which has been recorded in said
office. 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 for
consumption on the premises. This shall include, but not be limited to, the following
terms: taverns, bars, cocktail lounges, nightclubs, discotheques, or dance halls, and
similar uses where liquor consumption is a primary activity on the premises of the
establishment. Not included in this definition are establishments such as restaurants
which sell beer, wine, or liquor as an incidental activity on the premises, with said
activity being less than forty percent of the gross sales; and establishments which sell
liquor, beer, or wine in packages for off-premise consumption only, such as a package
store, State Alcoholic Beverage Store, convenience store, supermarket, or similar
establishment.
Manufactured (Mobile) Home. A detached unit for commercial, residential, or
industrial purposes designed for transportation after fabrication on streets or highways on
its own wheels or on flatbed or other trailers and arriving at the site where it is to be
occupied complete and ready for occupancy or use except for minor and incidental
unpacking and assembly operations, foundations, connections to utilities, and the like. A
travel trailer is not to be considered as a mobile home.
Manufactured (Mobile) Home Park. An area containing one or more mobile homes
used as living facilities, or an area containing one or more spaces designed or intended
for parking of mobile homes to be used as living facilities.
Mini-Warehouses. Five or more individual storage spaces with separate access to each
space rented to the public, wherein no retail or wholesale trade is conducted, and
conforming to the generally accepted concept of such warehouses as set forth in Article
XVII – B4 Mini-Warehouse District.
(23)
Mixed Use Building. A single building used for both commercial and residential uses
occupying 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 Planned
Unit Development.
Motel. A motel or motor court is a business comprised of a dwelling unit or a group of
dwellings or dwelling units so arranged as to furnish overnight accommodations for
transient 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 of
Probate, 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 the
time of passage of this ordinance, or amendment thereto, but which use does not
conform, after the passage of this ordinance or amendment thereto, with the use
regulations of the district in which it is situated. (See Article XXVI – “Nonconforming
Uses of Land and Buildings”)
Nursery. An enterprise which conducts the retail and wholesale sale of plants grown on
the site, as well as accessory items directly related to their care and maintenance. The
accessory 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 Alabama
maintained for the purpose of providing skilled nursing care and medical supervision at a
lower level than that provided in a hospital, but at a higher level than provided in a
Domiciliary 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 routes
designed to encourage transfer from private automobile to mass transit or to encourage
car pooling for purposes of commuting, or for access to recreation areas.
(24)
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 or
without 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 than
one hundred eighty square feet, a minimum width of nine feet, and a minimum length of
twenty feet, exclusive of driveways, maneuvering areas, and parking structures. (See
Article XXIII – “Off Street Parking and Loading Requirements”)
Performance Assurance. A legally binding agreement with the city by which a
developer assures the construction of improvements required by this Ordinance.
Performance Guarantee. Financial security filed by the developer with the City Clerk
to assure the construction of all required improvements at a specified time in the future.
Planned Unit Development. A development project comprehensively planned as a
single entity via a unified site plan which permits mixtures of housing types and land
uses, usable open spaces, and the preservation of natural features.
Plat. Any drawing or drawings and related written material indicating the proposed
manner or layout of a road, parcel, and/or subdivision to be submitted to the City of
Pelham for approvals and/or recording purposes.
Plot Plan. A plat of a lot, drawn to scale and certified as to its accuracy by a surveyor
who is licensed by, and registered with, the State of Alabama as a surveyor, showing the
actual measurements, the size and location of any existing buildings or structures, or
proposed buildings or structures, along with any easements and building setbacks, and the
location 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 employee
under his direct supervision.
Porch. A roofed open area, which may be screened, attached to and with direct access to
or 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 which
shall be permitted only as accessory uses or prohibited altogether as provided for each
zoning district.
Property Line. See “Lot Line”
(25)
Public Assembly Center. Buildings arranged for the general assembly of the public atlarge 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, not
otherwise listed in this section, including museums, government offices, post offices,
transit stations, police stations, fire stations, emergency medical service stations, civil
defense operations, and similar uses.
Recreational Vehicle. (1) A vehicle or a unit that is mounted on or drawn by another
vehicle primarily designed for temporary living. Recreational vehicles include travel
trailers, camping trailers, truck campers, and motor homes. A recreational vehicle shall
not be permanently affixed to the ground or any structure. (2) A recreational vehicle
shall 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 to
a condition in which they may again be used for production.
Rehabilitation Facility. An institutional facility providing residential and custodial care
for the rehabilitation of physically or socially impaired individuals who are recovering
from accident or medical disability. A rehabilitation facility is not to be confused with
a treatment facility. For the definition of the latter, see “Treatment Facility.”
Renovation. Interior or exterior remodeling of an existing building or structure, with the
exception of painting.
Rental Establishment. A commercial establishment, where no outside storage is
allowed, engaged in the rental of a wide variety of goods, including by not limited to
furnishings, appliances, audio/video equipment, meeting supplies, wedding supplies,
party supplies, and tools.
Rental Equipment, Heavy. A commercial industrial establishment, where outside
storage shall be allowed, engaged in the rental of heavy equipment.
Rental Equipment, Light. A commercial establishment, where outside storage shall be
allowed, 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 window
service 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-up
window service to customers in their vehicles.
(26)
Restaurant, Catering. An establishment where food is cooked or prepared exclusively
for delivery off the premises by employees.
Retail Establishment. The provision of limited services or the sale of goods and
merchandise 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 by
vehicles.
Salvage Yard. See “Junk Yard (Vehicular)” or “Recycling Facility.”
Satellite Dish Antenna. An accessory structure designed to receive television broadcasts
relayed 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 general
education, arts, business, crafts, trades, and professions.
School, Industrial. Private, gainful business providing instruction in industrial trades, or
in the service and operation of heavy equipment or heavy trucks, or any similar school
requiring outside storage.
Screen. To visually shield or obscure one abutting or nearby structure or use from
another by means or opaque fencing, walls, berms, or densely-planted vegetation.
Setback. The required minimum distance between a structure and the front, side, or rear
lot 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 driveway
facilities and under a common ownership or management authority. A shopping center
may 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 is
signed, 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 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
restrictions 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/or
licenses 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 an
administrative role and is applying the general provisions of the ordinance to a specific
site and project.
Story. That portion of a building other than a cellar, 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.
Story, Half. A space under a sloping roof which has the line of intersection of roof
decking and wall face not more than three feet above the top floor level, and in which
space not more than two thirds of the floor area is finished off for use. A half-story
containing 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 and
elevation of the parcel upon which it is sited.
Street Line. A dividing line between a lot, tract, or parcel of land and a contiguous
street.
Street, Private. A right-of-way or easement in private ownership, not dedicated or
maintained as a public street, which affords the principal means of access to two or more
sites.
Strip Mall. See “Shopping Center.”
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, back stops for tennis courts, fences or radio towers.
Structural Alteration. 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 siding to an existing building for the purpose of beautifying
and 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 other
description, for the purpose (whether immediate or future) of sale or of building
development. It includes resubdivision and, when appropriate to the context, relates to
the process of subdividing or to the land or territory subdivided.
(28)
Surveyor. A land surveyor, who is registered by the State of Alabama Board of
Registration for Professional Engineers and Land Surveyors.
Telecommunications Facility. A facility owned or operated by a public utility or a
business that transmits and/or receives electromagnetic waves, digital transmissions, or
pulses of light, and may include antennas, microwave dishes, horns, fiber optic lines,
cellular towers, and other types of equipment for the transmission or receipt of such
signals, and may include telecommunications towers or alternative supporting structures
and uses.
Theater, Motion Picture. A building used primarily for the presentation of motion
pictures.
Townhouse. Two (2) or more dwelling units, attached by a common side wall(s), each
unit of which is located on an individual lot and designed to be occupied and owned by
one (1) family.
Trailer. See Manufactured (Mobile) Home.
Trailer Court. See Manufactured (Mobile) Home Park.
Treatment Facility. As defined in Ordinance # 288-5, dated April 3, 2006, any person,
firm or corporation (other than a municipal, county, state, or federal governmental
agency) providing counseling, treatment, evaluation, and/or housing overnight for such
counseling, treatment, and/or evaluation of persons who:
1. Suffer from or are being counseled, treated or evaluated for substance, drug, or
alcohol abuse or chemical dependency or diagnosis, or who suffer from or are
being treated for any psychiatric, psychological, emotional or behavioral problem
or disorder; or
2. Are being counseled, treated and/or housed overnight by such facility as the direct
or indirect result of arrest or court order or who have misdemeanor or felony
criminal charges pending against them; or
3. Are the parties in any civil or criminal action in any municipal, county, state or
federal court or the subject of any court order or proceedings in any civil or
criminal court in any pending case, or who were ordered to such facility or
referred thereto by any municipal, county, state or federal court or any
government agency to receive counseling, treatment or evaluation for any
substance, drug, or alcohol abuse or chemical dependency or any psychiatric,
psychological, emotional or behavioral problem or disorder; or
4. Were removed from any prior custodial environment and placed in such facility
for counseling, treatment, or evaluation due to allegations of abuse or neglect or
as a result of any substance, drug, or alcohol abuse or chemical dependency or
any psychiatric, psychological, emotional or behavioral problem or disorder
within the city limits, whether or not such services are provided at the same
location as or in conjunction with a school or educational services. This
definition shall not apply to the office of a licensed practicing physician,
psychiatrist, or psychologist who provides counseling, treatment, or evaluation for
any substance, drug, or alcohol abuse or chemical dependency or any psychiatric,
(29)
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 the
definition 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 the
sale or rental of heavy trucks, construction equipment, tractors and farm implements and
equipment, including the storage, maintenance and servicing of such vehicles and
equipment.
Vehicle and Equipment Sales or Rental (Minor). A commercial establishment
engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational
vehicles, 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 of
motor vehicles (see definition of “motor vehicle”) including painting, body work,
rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar
activities in which all work is performed entirely within an enclosed building.
Vehicle Repair (Minor). A place of business engaged in the 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.
Veterinary Hospital or Clinic. A place where small household pets are given medical or
surgical treatment and short term boarding of pets within an enclosed building may be
provided.
Warehousing, Wholesaling, and Distribution, Enclosed. A place of business engaged
in warehousing, wholesaling, or distribution services enclosed within a building or group
of buildings.
Yard. An open space between a building or use and the adjoining lot lines; unoccupied
and 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 of
determining 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
(30)
required yard shall mean a yard the depth of which is specified in the “Area and
Dimensional 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 width
of 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 line
and the nearest line of the principal building.
Yard, Side. A yard between the principal building and the side lot line and extending
from the required front yard to the required rear yard.
Zoning Map. The map referred to in Article IV, Section 3 of this ordinance.
(31)
ARTICLE IV - ZONING DISTRICTS, MAP, BOUNDARIES, AND ANNEXED
PROPERTY
Section 1. Establishment of Districts. In order to carry out the intent and purpose of this
ordinance, 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 DISTRICTS
A-1 Agricultural District
E-1 Estate Residential District
R-1 Single-Family Residential District
R-2 Two-Family Residential District
R-G Garden Home Residential District
R-T Townhouse Residential District
R-A Apartment Residential District
PUD Planned Unit Development
COMMERCIAL DISTRICTS
O-I Office and Institutional District
B-1 Neighborhood Business District
B-2 General Business District
B-3 Warehouse Business District
B-4 Mini-Warehouse District
INDUSTRIAL DISTRICTS
M-1 Light Industrial District
M-2 Heavy Industrial District
OVERLAY DISTRICT (for Commercial Property)
CO Corridor Overlay District
Section 2. Establishment of Overlay District. In order to carry out the intent and purpose of
this ordinance, there is hereby established an overlay district in Article XXI – “Corridor Overlay
District”; the location, boundaries, and area of which are and shall be shown and depicted upon
the 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, and
explanatory matter thereon, is hereby declared to be a part of this ordinance, shall be known as
the “zoning map” throughout this ordinance.
(32)
Section 4. District Boundaries. The district boundary lines on said map are intended to follow
either natural boundaries, streets or alleys or lot lines, and where the districts designated on said
map are bounded approximately by such streets, alley or lot lines, the center line of the street or
alley or the lot lines shall be the boundary of the district unless such boundary is otherwise
indicated on the map. In all other cases, the district boundary lines shall be determined by use of
the 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 classifications
as such territory was subject to at the time of annexation, until such territory shall have been
zoned by the City of Pelham, Alabama. Any unzoned territory hereafter annexed to the City of
Pelham, Alabama shall be zoned A-1, (Agriculture) at the time of annexation and shall continue
under such zoning until changed by the City of Pelham, Alabama.
(33)
ARTICLE V - GENERAL REGULATIONS
Section 1. Use of Land. No land shall be used except for a use permitted in the district in
which it is located, except as provided in Article XXIV – “Supplementary Regulations and
Modifications”, Article XXVI – “Nonconforming Uses of Land and Buildings”, and Article
XXVII – “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 Land
and 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 the
district in which such structure is located, except as provided in Article XXIV – “Supplementary
Regulations 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 dimensional
regulations of the district in which such structure is located, except as provided in Article XXIV
– “Supplementary Regulations and Modifications”, Article XXVI – “Nonconforming Uses of
Land 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 purpose
of 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, parking
spaces, 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 for
any other structure, nor shall any lot area be reduced below the lot area per family requirements
of 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 of
Land 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 regulations
of 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 to
vision between 3½ and 10 feet above street level shall be permitted within 15 feet of the
intersection of the right-of-way lines of two streets or railroads or of a street and a railroad or as
otherwise required by this ordinance.
(34)
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 of
Adjustment”, 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 as
a single-family or two-family dwelling simultaneously with any other use with the exceptions of
mini-warehouses as allowed in Article XVII – “B4 – Mini-Warehouse District”, and of an
accessory 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”, Section
4, Item 7, - “Planned Mixed Use (P-MX).”
Section 12. Permits for Construction. No excavation for foundations, nor any erection, or
structural alteration of any structure shall be undertaken prior to appropriate permits having been
approved by the Building Inspector/Building Official and issued by the City Clerk.
Section 13. Building Material Storage. Building materials or temporary structures for
construction purposes shall not be placed or stored on any lot or parcel of land located in a
Residential or Business Zone District before appropriate building permits have been approved by
the 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 and
dimensional 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 marshal
may require any use conforming or nonconforming, which results in unreasonable noise,
lighting, smoke, gas, vibration, fumes, dust, fire, radio, interference, or explosion hazard, or
nuisance 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 earth
contained in the lot be altered before appropriate permits concerning grading and sedimentation
control have been issued by the Engineering Department. In addition, if a permit is required by
the Alabama Department of Environmental Management, evidence of this permit must be
provided to the City of Pelham, along with any other necessary drawings, stormwater
calculations or other documents, prior to obtaining approval from the Engineering Department
and before any work begins on the site. All disturbed ground left inactive for fourteen (14) days
shall be stabilized by seeding, hydroseeding, sodding, or landscaping.
(35)
ARTICLE VI - A-1 AGRICULTURAL DISTRICT
Section 1. Intent. The intent of the A-1 Agricultural District is to hold these lands in
agricultural, forestry, outdoor recreational, rural residential, and other limited yet compatible
uses 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 or
set forth elsewhere in this ordinance, when referred to in this article, are the regulations in the A1 Agricultural District.
Section 2. Permitted Uses
1. 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 – “Detailed
Use 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 acreage
requirements).
5. The raising of crops, except in greenhouses, including trees, wildlife refuges, and
forest 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 as
they are authorized to rule on by the terms of this ordinance, and which is subject to restrictions
and safeguards as to number, area, character, location or relation to the neighborhood. This use
is 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 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 subject
to approval by the Board of Adjustment, and further subject to appropriate permits and/or
licenses being issued:
1. Radio or television broadcasting studio or station. A minimum twenty-foot
landscape buffer shall be required on all rear and side property lines, which abut a
residential district.
(36)
2. Broadcasting towers or wireless communications facilities shall be in accordance
with the requirements for specific uses set forth in Ordinance Number 374-2, or
the most current revision thereof.
Section 4. Prohibited Uses
1. The keeping of swine shall be prohibited.
2. No accessory structures are to be allowed in the front yard of the principal
residence.
3. Duplex or two-family dwellings.
4. Multiple dwellings.
5. All commercial and industrial uses except as specified in sections 2 and 3 of this
article, Article VI.
6. Permitted uses within this district shall not include repair garages or storage yards
for materials, vehicles or equipment, warehouses, buildings and other facilities
having commercial or industrial characteristics and buildings used or intended to
be used as communal living facilities, detention, correctional, or penal
institutions.
7. Travel trailers and recreational vehicles shall not be used as a residence within the
A-1 Agricultural District, with the exception of Oak Mountain State Park, at the
discretion of the State of Alabama and subject to its rules and regulations.
Section 5. Area and Dimensional Regulations. Except as provided in Article XXIV –
“Supplementary Regulations and Modifications” and XXVII – “Board of Adjustment” the area
and dimensional regulations set forth in the following table shall be observed.
Minimum Lot Area Per Family
Minimum
*Maximum Height Minimum Yards
(Feet)
Lot
Width
of Structures
Stories
Feet
2½
35
Front Rear
35
40
Both
Sides
25
Acreage
Feet
One Acre
150
See Section 9 – Additional
Regulations – Item 1, below for
acreage requirements for
livestock
*
Maximum height does not apply to barns or silos provided that additional set backs are
provided in accordance with Article XXIV – “Supplementary Regulations and
Modifications”, and that structures greater than 35 feet in height shall not be located closer
than their respective heights from any property line or residential structure, with the strictest
requirement to apply. If the barn or silo is 35 feet or less in height, the minimum setback
from any property line shall be 35 feet.
Section 6. Parking Regulations. 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”.
(37)
Section 7. Landscape Buffer Regulations. 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 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 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. At
least one acre of lot area shall be required for each livestock animal, horse, and
similar 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 of
any livestock or fowl, which are not permitted within the residential zones of the
city, must be set back a minimum of two hundred (200) feet from any adjacent lot
and seventy-five (75) feet from the front property line.
(38)
ARTICLE VII - E-1 ESTATE RESIDENTIAL DISTRICT
Section 1. Intent. The intent of the E-1 Estate Residential District is to provide areas suitable
for single family residences on low density lots, free from other uses which are incompatible
with the character and intent of the district. 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 E-1 Estate
Residential District.
1. Single-family residential dwellings
4. Churches.
5. Public Schools.
development.
8. Home day care.
1. No accessory structures are to be allowed in the front yard of the principal
residence.
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 the
residence.
(39)
Maximum Height of
Minimum Yards
Minimum Lot Area
Minimum Lot
Structures
Per Family
Width
(Feet)
Stories
Feet
Front Rear One Both
Acreage
Feet
Side Sides
2½
35
35
40
12
25
One Acre
125
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 required
rear yard and shall not be nearer than ten feet to any side or rear lot line.
(40)
ARTICLE VIII - R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
Section 1. Intent. The intent of the R-1 Single-Family Residential District is to provide areas
suitable for single family residences on medium density lots, free from other uses which are
incompatible with the character and intent of the district. 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
R-1 Single-Family Residential District.
Section 2. Permitted Uses.
1. Single-family residential dwellings
4. Churches.
5. Public Schools.
development.
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.
article, Article VIII.
residence.
(41)
Maximum Height of
Minimum Yards
Minimum Lot Area
Minimum Lot
Structures
Per Family
Width
(Feet)
Stories
Feet
Front Rear One Both
Square Feet
Feet
Side Sides
2½
35
35
40
12
25
20,000
100
(42)
ARTICLE IX - R-2 TWO-FAMILY RESIDENTIAL DISTRICT
Section 1. Intent. The intent of the R-2 Two-Family Residential District is to provide areas
suitable for two-family duplex residences on medium density lots, free from other uses which are
incompatible with the character and intent of the district. 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
R-2 Two-Family Residential District.
1. Two-family residential dwellings
4. Churches.
5. Public Schools.
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 be
licensed by the State of Alabama and permitted by the City of Pelham. Also
reference “Code of Alabama” - Section 11-52-75.1, in accordance with the
requirements of the Detailed Use Regulations set forth in Article XXV, Section 3
– “Detailed Use Regulations – Group Home/Family Care Home”.
8. Home day care.
2. Single-family dwellings.
3. Multiple dwellings, with the exception of the permitted uses listed above in this
article, Article IX.
article, Article IX.
(43)
residence 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, “Additional
Regulations,” Number 3.
Maximum Height of
Minimum Yards
Minimum Lot Area
Minimum Lot
Structures
Per Family
Width
(Feet)
Stories
Feet
Front Rear One Both
Square Feet
Feet
Side Sides
2½
35
30
30
10
20
10,000
90
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 surface
for parking boats, trailers, campers, recreational vehicles, and similar items to
contain a minimum of one space per unit, if no garage space is provided for these
items within the residence. None of the vehicles listed above can be parked in the
front yard of a residence or in the portion of the driveway to the front of the
residence. 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”.
(44)
ARTICLE X - R-G GARDEN HOME RESIDENTIAL DISTRICT
Section 1. Intent. The intent of the R-G Garden Home Residential District is to provide areas
suitable for single family residences to achieve maximum open space, free from other uses which
are incompatible with the character and intent of the district. 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 R-G Garden Home Residential District.
1. Single-family residential dwellings and accessory structures. Reference Section 9
of this article for additional regulations on accessory structures in this zoning
district.
3. Churches.
4. Public Schools.
development.
7. Home day care.
article, Article X.
(45)
residence 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, “Additional
Maximum Height of
Minimum Yards
Minimum Lot
* Minimum Lot
Structures
(Feet)
Width
Area Per Family
Stories
Feet
2½
35
Front Rear One Both
Side Sides
25
25
10
20
Square Feet
Feet
7,000
70
* Maximum Density - 6 Dwellings per Acre
2. All residences in this zoning shall have a garage for the storage of a minimum of
one vehicle.
3. A storage facility consisting of not less than forty-eight square feet of floor area
shall be included and enclosed with the garage space.
4. There shall be a minimum of two parking spaces per garden home outside of the
right-of-way line. Driveways shall be designed to allow a full vehicle length prior
to garage entry.
6. If garages are provided in the rear of the residence, then an unobstructed fifteenfoot ingress and egress easement for a driveway paved with a suitable hard
bituminous or concrete surface shall be provided to access the rear of each
residence.
(46)
residence. Any screening used in R-G Garden Home Residential District Zoning
shall be in accordance with the requirements for specific uses set forth in Article
Screening”.
(47)
ARTICLE XI - R-T TOWNHOUSE RESIDENTIAL DISTRICT
Section 1. Intent. The intent of the R-T Townhouse Residential District is to provide areas
suitable for single family townhouse residences to achieve maximum open space, free from other
uses which are incompatible with the character and intent of the district. 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 R-T Townhouse Residential District.
1. Townhouse residential dwellings.
2. Churches.
3. Public Schools.
development.
3. Apartment dwellings.
4. Home occupations.
5. Home day care.
article, Article XI.
residence in the R-T Townhouse Residential District. An additional lot may be
provided for these items as set forth in Article XI, Section 9, “Additional
(48)
Minimum Yards
Minimum Lot Area
Minimum
Maximum
Lot
(Feet)
Per Family
Height of
Width
Structures
Stories Feet Front
Rear
Sides
Square Feet
Feet
24
2,400 for interior units
2½
35
25
25
0 - interior units
10 – to side lot
line for end
units
3,400 minimum average lot
area for each detached group
of townhouses
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 each
townhouse unit.
2. If a garage is provided with the townhouse unit, then the forty-eight square-foot
storage facility, previously described in Item # 1, may be included and enclosed
with the garage space.
3. There shall be a minimum of two parking spaces per unit outside of the right-ofway line. Townhouse parking spaces shall not be allowed along streets.
Driveways shall be designed to allow a full vehicle length prior to garage entry.
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.
(49)
residence. Any screening used in R-T Townhouse Residential District Zoning
shall be in accordance with the requirements for specific uses set forth in Article
Screening”.
8. A fifteen-foot ingress, egress, drainage, and utility easement shall be provided on
the sides and the rear of each townhouse structure for the use and access to the
rear of each unit within that structure. This easement shall be unobstructed with
no 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 bituminous
or concrete surface along the sides and rear of each townhouse structure.
(50)
ARTICLE XII - R-A APARTMENT DWELLING DISTRICT
Section 1. Intent. To provide multifamily residential areas in which open space and
compatibility with residential neighborhoods are primary considerations. The regulations set
regulations in the R-A Apartment Dwelling District.
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 operation
of an apartment complex and for use by only the residents and employees. These
structures shall be subject to business license requirements, if applicable.
3. Churches.
4. Public Schools.
development.
1. Single-family dwellings.
3. Townhouse dwellings.
4. Home occupations.
5. Home day care.
article, Article XII.
anywhere on the lot, in the required parking area of the apartment complex, or on
the 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, “Additional
(51)
Minimum Lot Area
Minimum Lot
Minimum Side
Minimum
Maximum
Width
Yards
Yards
Height of
(Feet)
Structures
Stories Feet Front
Rear
Feet
Acreage
Feet
3
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 shall
not encroach upon the front, side, or rear yards required herein for the district, and
the 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) feet
separation for each additional story when one or both buildings exceed two
stories.
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 each
apartment 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 one
space 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 designated
garage space or the designated screened storage area. Any screening used in R-A
Apartment Residential District Zoning shall be in accordance with the
requirements 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.
(52)
6. Any garbage/refuse service areas shall be limited to the principal building or
complex it serves, screened to a height which is adequate to conceal such facilities
from 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 set
forth in Article XXIV, Section 13 – “Supplementary Regulations and
Modifications – Screening”.
(53)
ARTICLE XIII - O-I OFFICE AND INSTITUTIONAL DISTRICT
Section 1. Intent. The O-I Office and Institutional District is provided for the orderly
arrangement of institutional, clerical, and administrative space. 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 O-I Office and Institutional District.
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 exception
use as provided in Section 3 of this article, and shall also be in accordance with
the 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 for
commercial and service establishments such as snack-bars, gift or specialty shops,
quick copy services, and similar uses. Any type of restaurant must be appropriate
to 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 are
manufactured, stored, handled, conveyed, sold or otherwise disposed of.
15. Professional offices occupied by architects, attorneys, dentists, engineers,
physicians, and other similar professionals.
(54)
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.
1. No outside storage of any kind shall be allowed.
2. Residential dwellings.
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 ways
other than the intended designed uses for those areas.
7. 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-ofway within the city limits of Pelham.
8. No storage trailers or temporary storage containers shall be allowed for storage on
the premises.
(55)
Minimum Lot Area
Minimum Lot
Minimum Yards
Minimum Side
Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
50
4
60
50
*None
**None
***See Below
*
**
***
No rear setback - except on the rear of a lot abutting a dwelling district, in which
case there shall be a rear yard of not less than 20 feet, and in accordance with the
requirements 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 in
which case there shall be a side yard of not less than 20 feet, and in accordance
with the requirements set forth in Article XXIV, Section 9 – “Supplementary
Regulations and Modifications – Landscaping and Buffers”.
The size of the lot must be adequate to allow for the building and setbacks plus
required parking, driveways, landscaping, delivery vehicles, refuse collection
facilities, buffers, etc.
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 to
conceal such facilities from public view, and covered if a sewer drain is required
in the dumpster facility. Any screening used in O & I Office and Institutional
District Zoning shall be in accordance with the requirements for specific uses set
(56)
3. When adjacent to a residential zone, each structure located in O & I Office and
Institutional District Zoning shall have a service yard, or yards, adequate for the
handling of wastes and garbage and the loading and unloading of vehicles. Such
service yard shall be paved, have access to a public street or alley, be located to
the side or rear of the structure and be enclosed on three (3) sides with a
permanent wall or fence, at least six (6) feet tall and adequate to conceal the
service yard from visibility. Any screening used in O & I Office and Institutional
4. When adjacent to a residential zone, exterior lighting fixtures, including lighting
for parking areas, walkways, general illumination or any other purposes, shall be
constructed to direct the beam away from any residential area and to direct the
beam entirely onto the property of the business.
(57)
ARTICLE XIV - B-1 NEIGHBORHOOD BUSINESS DISTRICT
Section 1. Intent. To establish and preserve areas for those commercial facilities which are
especially useful in close proximity to residential areas, while minimizing the undesirable impact
of such uses on the neighborhoods which they serve. 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 B1 Neighborhood Business District.
1. Any use permitted in the O-I Zoning, however, the requirements set forth in O-I
Office 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.
(58)
3. Repair garages or storage yards for materials, vehicles or equipment, warehouses,
buildings and other facilities having commercial or industrial characteristics.
parcel in the B-1 Neighborhood Business District, are not to be used in ways other
than the intended designed uses for those areas.
with a business shall be parked or stored within city, county, or state rights-ofway within the city limits of Pelham.
the premises.
Minimum Lot Area
Minimum Lot
Minimum Yards
Minimum Side
Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
None
3
42
50
*None
**None
***See Below
*
**
***
(59)
1. All utilities shall be underground in new commercial parks in B-1 Neighborhood
Business District Zoning.
in the dumpster facility. Any screening used in B-1 Neighborhood Business
(60)
ARTICLE XV - B-2 GENERAL BUSINESS DISTRICT
Section 1. Intent. To establish and preserve a retail business district convenient to the public
and attractive for a wide range of retail uses. 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 B-2
General Business District.
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
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
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 the
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 the
23. Carpentry, painting, plumbing, tinsmithing, and electrical shops; provided, that all
work 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 miniwarehouses.
25. Gasoline service station in accordance with the requirements of the Detailed Use
26. Convenience Store.
(61)
27. Amusement or recreation service, except drive-in theater or practice golf-driving
range.
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 the
33. Special Events, in accordance with the requirements of the Detailed Use
34. Laundromat.
1. No outside storage of any kind shall be allowed, with the exception of sales and
rental of automobiles, light trucks, travel trailers, utility trailers, recreational
vehicles, and light equipment and farm implements normally stored outside.
parcel in the B-2 General Business District, are not to be used in ways other than
the intended designed uses for those areas.
with a business, shall be parked or stored within city, county, or state rights-ofway within the city limits of Pelham.
the premises.
6. None of the above activities listed in “Section 2 – Permitted Uses” shall involve
resource production, foundries, processing or refining of raw materials such as
ore, metals, rubber, plastic, fuel, petroleum, nor storage or disposal of hazardous
chemicals or wastes.
(62)
Minimum Lot Area
Minimum Lot
Minimum Yards
Minimum Side
Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
No
Minimum
6
75
50
*None
**None
***See Below
*
**
***
1. All utilities shall be underground in new commercial parks in B-2 General
Business District Zoning.
in 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 in
Article XXIV, Section 13 – “Supplementary Regulations and Modifications –
Screening”.
(63)
ARTICLE XVI - B-3 WAREHOUSE BUSINESS DISTRICT
Section 1. Intent. To establish and preserve a warehouse business district which provides retail
activity in support thereof. 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 B-3 Warehouse Business
District.
1. Carpentry, painting, plumbing, tinsmithing, electrical, and other like shops,
provided that all work 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.
2. Warehouses used in connection with or accessory to permitted uses of this
district. No building shall be used for a warehouse unless at least ten percent of
the total floor area is occupied by a permitted use of this district. All warehouse
buildings shall be enclosed structures.
parcel in the B-3 Warehouse Business District, are not to be used in ways other
the premises.
(64)
Minimum Lot Area
Minimum Lot
Minimum Yards
Minimum Side
Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
No
Minimum
6
75
50
*None
**None
***See Below
*
**
***
1. All utilities shall be underground in new commercial warehouse parks in B-3
Warehouse Business District Zoning.
in the dumpster facility. Any screening used in B-3 Warehouse Business District
Screening”.
(65)
ARTICLE XVII - B-4 MINI-WAREHOUSE DISTRICT
Section 1. Intent. To establish and preserve a mini-warehouse district convenient to the
citizens of Pelham, but not in close proximity to impact residential areas. The regulations set
regulations 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 used
for the storage of goods, wares, or merchandise, and located in a controlled-access
and fenced compound. The building or group of buildings shall be comprised of
five or more individual storage spaces, which are rented to the public with
separate access to each space, and conforming to the generally accepted concept
of such warehouses.
2. A business, licensed by the City of Pelham, where the primary purpose is the sale
and 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 not
require 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. Trailers
referred to in this section shall be enclosed or open trailers designed for hauling,
but shall not include mobile homes or office trailers.
1. 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 MiniWarehouse 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 or
materials.
(66)
4. No display, sale or manufacture of goods, wares, and merchandise are allowed on
the premises or within individual storage units, with the exception of the primary
business, licensed by the City of Pelham, conducting the sale and service of
merchandise associated with a moving or storage business.
5. Residential dwellings, except for accessory structures including a dwelling for a
watchman or custodian employed on the premises.
parcel in the B-4 Mini-Warehouse District, are not to be used in ways other than
the intended designed uses for those areas.
Minimum Lot Area
Minimum Lot
Minimum Yards
Minimum Side
Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Acreage
Feet
15
50
No Minimum
*1
**None
***None
****3 Acres
*
If the facility has climate controlled storage units and the entrance to each storage
unit is from the inside of the building, then a height of two stories or 30 feet is
allowed.
** No rear setback - except on the rear of a lot abutting a dwelling district, in which
*** No side yard setback - except on the side of a lot abutting a dwelling district in
**** The size of the lot must be adequate to allow for the building and setbacks plus
(67)
1. All utilities shall be underground in new commercial warehouse parks in B-4
Mini-Warehouse District Zoning.
in the dumpster facility. Any screening used in B-4 Mini-Warehouse District
Screening”.
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-Warehouse
5. 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.
6. There shall be a maximum density of 15,000 square feet of mini-warehouse floor
area per acre.
(68)
ARTICLE XVIII - M-1 LIGHT INDUSTRIAL DISTRICT
Section 1. Intent. To establish and preserve areas for industrial and selected commercial uses
that are compatible with light 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-1 Light
Industrial District.
purposes:
1. Any use permitted in the B2 Zoning, however, the requirements set forth in B-2
General Business District, Article XVIII, shall apply to this permitted use.
2. Industrial parks in accordance with the requirements of the Detailed Use Regulations
set 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 the
requirements for specific uses set forth in Ordinance Number 374-2, or the most
current 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 the
requirements set forth in Article XXIV – “Supplementary Regulations and
Modifications” – 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 concrete
surface, all in accordance with the requirements of the Detailed Use Regulations set
forth 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 the
(69)
21. Short-Term and Seasonal Businesses, in accordance with the requirements of the
22. Special Events, in accordance with the requirements of the Detailed Use Regulations
set forth in Article XXV, Section 18.
23. Accessory structures including a dwelling for a watchman or custodian employed on
the 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 any
objectionable noise, vibrations, smoke, dust, odor, heat, glare, or pollutants, such as
the 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.
(70)
3. Accessory structures and uses, when adjacent to residentially or agriculturally
zoned property. Except that no outside storage of materials shall be permitted,
when adjacent to a residential or agricultural zone district, except through
approval by the Board of Adjustment. Said Board may limit the type, area,
height, and require enclosure by walls, fences, berms, shrubs, or trees, preexisting or newly planted, sufficient to substantially screen its effects of visibility
from nearby streets and any residential or agricultural zone districts. 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 a street or
alley, or where the view from the adjoining district is blocked by a change in
grade or other natural or manmade features, in certain cases the requirements may
be modified or waived altogether by the Board of Adjustment.
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.
Minimum Lot Area
Minimum Lot
Minimum Side
* Maximum Minimum Yards
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
No
Minimum
8
100
50
*None
**None
***See Below
*
**
Where a structure is located upon a lot abutting any dwelling district, then any
structure exceeding 35 feet shall be set back from the required yards abutting the
dwelling district an additional distance of one foot for each foot of structure
height above 35 feet. Structure height cannot exceed 100 feet.
(71)
***
****
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-ofway width of seventy (70) feet, a maximum gradient of five (5) percent and shall
conform to the City of Pelham standards for commercial streets, or as otherwise
approved by the planning commission.
5. Cul-de-sac streets shall be permitted in industrial parks when they are less than
five hundred (500) feet long as measured from the terminal point of the cul-de-sac
street 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.
(72)
ARTICLE XIX - M-2 HEAVY INDUSTRIAL DISTRICT
Section 1. Intent. To establish and preserve areas for industrial uses that are compatible with
heavy 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.
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 be
allowed only by special permit. Said permit may be issued by the City Council,
only after favorable recommendations of the Planning Commission, in accordance
with Article XXXI – “Amendments and Changes”.
2. Accessory structures and uses, when adjacent to residentially or agriculturally
zoned property. Except that no outside storage of materials shall be permitted,
when adjacent to a residential or agricultural zone district, except through
approval by the Board of Adjustment. Said Board may limit the type, area,
height, and require enclosure by walls, fences, berms, shrubs, or trees, preexisting or newly planted, sufficient to substantially screen its effects of visibility
from nearby streets and any residential or agricultural zone districts. 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 a street or
alley, or where the view from the adjoining district is blocked by a change in
grade or other natural or manmade features, in certain cases the requirements may
be modified or waived altogether by the Board of Adjustment.
(73)
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. For M2 Zoning, all requirements in this
section 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 following
table shall be observed.
Minimum Lot Area
Minimum Lot
Minimum Yards Minimum Side
* Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
No
Minimum
None None
50
**None ***None
****See Below
*
Where a structure is located upon a lot abutting any dwelling district, then any
structure exceeding 35 feet shall be set back from the required yards abutting the
dwelling district an additional distance of one foot for each foot of structure
height above 35 feet. Structure height cannot exceed 100 feet.
** No rear setback - except on the rear of a lot abutting a dwelling district, in which
*** No side yard setback - except on the side of a lot abutting a dwelling district in
**** The size of the lot must be adequate to allow for the building and setbacks plus
(74)
1. When adjacent to a residential zone, no exterior lighting fixture including lighting
for parking areas, walkways, general illumination or any other purposes shall be
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-ofway width of seventy (70) feet, a maximum gradient of five (5) percent and shall
conform to the City of Pelham standards for commercial streets, or as otherwise
approved by the planning commission.
5. Cul-de-sac streets shall be permitted in industrial parks when they are less than
five hundred (500) feet long as measured from the terminal point of the cul-de-sac
street 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.
(75)
ARTICLE XX - PUD PLANNED UNIT DEVELOPMENT DISTRICT
Section 1. Intent. The Planned Unit Development District is designed to permit the
development of comprehensively planned projects, which permits one or more uses to be
developed on a tract of land, taking into consideration the compatibility of specific uses with the
surrounding uses in accordance with an approved master development plan, the intent of which
is to:
1. Promote community development through planned associations of uses developed as
integral land use units, such as residential developments containing multiple types of
housing, including detached single-family dwellings, attached family dwellings, multiple
family dwellings, office or industrial parks or complexes, commercial establishments,
service centers, or any appropriate combination of uses which may be planned,
developed, or operated as integral land use units.
2. Permit higher densities of land development in conjunction with provisions for functional
open space and community services.
3. Combine and coordinate uses, building forms, building relationships, and architectural
styles within the PUD.
4. Promote the preservation and enhancement of existing natural landscape features, their
scenic qualities, ecological values, and amenities to the greatest extent possible, and
utilize such features in a harmonious fashion.
5. Prohibit 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.
6. Permit the City Council to consider factors such as specific design features, building
locations, topography, or other factors deemed appropriate by the City Council.
Section 2. Application and Requirements for PUD.
1. Area/Density Requirements. Any tract of land proposed to be zoned PUD shall contain
a minimum of 40 acres, except when the master development plan of an existing
approved PUD is amended by the original applicant, successor, or assign, to include
additional area as provided in this article. However, the overall acreage of the amended
PUD must contain a minimum of 40 acres. Density of the development under no
circumstances shall exceed 3.5 units per acre.
2. Preapplication Conference. Before filing any application for a Planned Unit
Development, the prospective applicant shall submit basic site information and
preliminary development plans and sketches for consideration, comments and
preliminary suggestions. In order to allow adequate review time, these materials must be
submitted to the Office of the City Engineer and/or the Zoning Official at least ten (10)
business days prior to the date set for the preapplication conference.
3. Submission of Application. After the preapplication conference, the owner (or his duly
appointed representative) of a tract of land shall submit a formal application to the Office
of the City Clerk at least twenty-one (21) days prior to a regularly scheduled Planning
Commission meeting. An application processing fee is required at the time of filing. See
Article XXVIII - “Rules of Procedure of the Planning Commission,” Section 5.
(76)
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 submitted
within 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 submitted
within 60 days.
d. A list of owners of all property adjoining the property under consideration for the
PUD to include the adjoining property owner’s name, mailing address and tax
parcel identification number. Also reference “Code of Alabama” - Section 11-5232(a).
e. A Master Development Plan of the PUD and any site plans, engineering drawings,
architectural renderings, and maps necessary to show the following minimum
information:
i. The direction of North, exact location of the site in relation to the vicinity
in which it is located, appropriate scale and topography, in not greater than
5 foot contour intervals, water ways, floodways, 100 and 500 year
floodplains and forest cover.
ii. The location of the various land uses by PUD land use districts as listed in
this Article.
iii. The size, boundary lines, dimensions, and street frontage of each such
district.
iv. Location and width of existing and proposed streets, thoroughfares,
greenbelts, natural or man-made open spaces, schools, parks, and
community service areas within and adjacent to the project area.
v. Location of environmentally sensitive areas, such as wetlands, steep
slopes, 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 written
statements and other matters and shall be included on site plan(s) where locations
are requested:
i. The proposed name of the development.
(77)
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 a
description of the character of the proposed development and the rationale
behind the assumptions and projections made by the applicant in relation
to 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 the
PUD will begin.
vi. Delineation of the various land use districts within the PUD, indicating for
each such area its size and composition in terms of total number of acres.
In residential use districts, the total number of dwelling units and
approximate percentage allocation by dwelling unit type, such as
townhomes, garden homes, single family, condominiums or duplexes, as
well 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 be
devoted 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 density
showing maximum density in units per acre excluding non-residential
zone classifications, and a calculation of the net residential density
excluding open space.
viii. Development criteria which shall include setbacks, minimum finished
floor areas, building heights, general building locations, building
footprints (if possible), sign criteria, loading areas, service yards, and on
and off street parking and loading requirements for each land use district
proposed, and/or any other development criteria which the
owner/developer may propose, as regulated by the requirements of the
Zoning Ordinance of the City of Pelham.
ix. Description of architectural styles/features, design criteria, materials being
utilized for exteriors, and exterior elevations and renderings showing
typical buildings and/or architectural features.
x. Description, location, size and use of the common open space and a
statement as to how common open space is to be owned, used and
maintained.
xi. Proposed principal ties to the surrounding area with respect to
transportation, water supply, utilities, sewage disposal, and storm drainage
and locations thereof, conditional to the approval of the appropriate
regulatory authority.
xii. Protective and/or restrictive covenants, homeowner or business association
and architectural review committee documents, including architectural
standards and requirements.
xiii. A traffic study, stamped, signed, and dated by a Professional Engineer
licensed by the State of Alabama. When the development accesses a State
or County right-of-way, said study must also be approved by the
appropriate regulatory authority.
(78)
xiv. A watershed drainage study, stamped, signed, and dated by a Professional
Engineer licensed by the State of Alabama.
xv. A copy of any best management practices (BMP) application or
certificate, 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 and
sidewalk 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, the
number of parking spaces proposed and means of addressing any parking
concerns or problems that may be presented by the proposed development.
Said parking plan shall be in accordance with the requirements for specific
uses set forth in Article XXIII – “Off-Street Parking and Loading
Requirements”.
xx. Landscaping plan, in accordance with the requirements for specific uses
set forth in Article XXIV – “Supplementary Regulations and
Modifications” – 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 associated
with the PUD shall be in accordance with the requirements for specific
uses 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 of
the 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 left
in its natural state, except that recreational trails and facilities may be
constructed. Common open space may include environmentally sensitive areas
such 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 space
is taken.
c. No designated common open space area may be subdivided in the future, nor
may it be used for any purpose other than those permitted by definition. No rearrangement or alteration to any approved common open space that would result
in a reduction of the original amount of open space, not in its proportion to the
overall development, shall be permitted.
d. Maintenance provisions, which shall be the responsibility of the homeowners
association, shall be made by the Developer for the upkeep of all common open
space areas not left in a natural state.
(79)
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 considered
consistent with the provisions of Article XXXI – “Amendments and Changes” of this
Ordinance.
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 information
submitted therewith and all such approved materials shall become part of the zoning
designation for the property. However, the regulations of the Zoning Ordinance of the
City of Pelham shall also apply for the entire development. In the case of differing
regulations between the Master Development Plan, the Planning Criteria, supplemental
information, and the Zoning Ordinance of the City of Pelham, the more stringent
regulations shall apply to the development.
3. The developer of the PUD may proceed with the development of the property contingent
upon subdivision approval by the Planning Commission and compliance with any permit
and/or license requirements, and no further zoning approvals shall be required when
developed 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 part
of 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 homes
iii. 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 to
any side or rear lot line.
iv. Home occupations in accordance with the requirements of the Detailed
Use 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 Use
Regulations set forth in Article XXV – “Detailed Use Regulations”,
Section 4 – “Day Care Home”.
vi. Recreational facilities designed and intended to serve only the residents of
the development.
(80)
c. Area and Dimensional Regulations. Except as provided in Article XXIV –
“Supplementary Regulations and Modifications” and XXVII – “Board of
Adjustment” the area and dimensional regulations set forth in the following table
shall be observed.
Maximum Height of
Minimum Yards
Minimum Lot Area
Minimum Lot
Structures
Per Family
Width
(Feet)
Stories
Feet
Front Rear One Both
Square Feet
Feet
Side Sides
2½
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 to
coordinate with appropriate community services, in compliance with the approved
PUD plan.
b. Permitted Uses.
i. Duplexes
ii. Townhomes
iii. Accessory buildings and structures may be built in a rear yard, provided
enough area exists. However, 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 to any side or rear lot line.
iv. Recreational facilities designed and intended to serve only the residents of
the development.
shall be observed.
Maximum
Height of
Structures
Stories Feet
2½
35
Minimum Yards
(Feet)
Front
25
Rear
25
Minimum Lot Area
Per Family
Sides
0 - interior units
Square Feet
2,400 for interior units
10 – to side lot
line for end
units
3,400 minimum average lot
area for each detached group
of townhouses
(81)
Minimum
Lot
Width
Feet
24
3. Planned Multiple Family (PR-3).
a. Intent. To provide for the development of multiple family residences and to
coordinate with appropriate community services, in compliance with the approved
PUD 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 business
license requirements, if applicable.
v. Recreational facilities designed and intended to serve only the residents of
the development.
shall be observed.
Maximum
Height of
Structures
Stories Feet
3
50
Minimum
Yards
(Feet)
Front
Rear
35
35
Minimum Side
Yards
Minimum Lot Area
Minimum Lot
Width
Feet
25
Acreage
One Acre
Feet
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 shall not encroach upon the front, side, or rear yards required herein
for the district, and the 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) feet separation for each additional story when one
or both buildings exceed two stories.
(82)
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. This
district also provides for the development of areas for coordinated employment
activity, 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 towers
shall be in accordance with the requirements for specific uses set forth in
Ordinance 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 Article
XXV – “Detailed Use Regulations” – Section 5 – Day Care Center”.
ix. 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 for commercial and service establishments such as snack-bars,
gift or specialty shops, quick copy services, and similar uses. Any type of
restaurant 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 set
forth in Article XXV – “Detailed Use Regulations”, Section 15 –
“Retirement and Nursing Homes”.
xii. Lodges, fraternal and social organizations, headquarters for scout and
other 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 otherwise
disposed of.
xv. Professional offices occupied by architects, attorneys, dentists, engineers,
physicians, and other similar professionals, not to include treatment
facilities, as defined in Ordinance # 288-5, dated April 3, 2006 (See
Definition).
c. Prohibited Uses.
i. No outside storage of any kind shall be allowed.
ii. Residential dwellings.
(83)
iii. The required parking spaces, maneuvering drive aisles, and pedestrian
areas on a parcel in the PO-I, Planned Office and Institutional District, are
not to be used in ways other than the intended designed uses for those
areas.
iv. 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.
v. No storage trailers or temporary storage containers shall be allowed for
storage on the premises.
g. Area and Dimensional Regulations. Except as provided in Article XXIV –
shall be observed.
Maximum
Height of
Structures
Stories Feet
4
60
*
**
***
Minimum Yards
(Feet)
Front
25
Rear
*None
Minimum Side
Yards
Minimum Lot Area
Minimum Lot
Width
Feet
**None
Square Feet
***See Below
Feet
50
5. Planned Commercial (PC).
a. Intent. To provide for the development of retail business districts and other
compatible uses, without outside storage of any kind, in compliance with the
approved PUD plan.
b. Permitted Uses.
i. Antique store
ii. Appliance store
iii. Art supply and/or frame shop
(84)
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
xxiv.
xxv.
xxvi.
xxvii.
xxviii.
xxix.
xxx.
xxxi.
xxxii.
xxxiii.
xxxiv.
xxxv.
xxxvi.
xxxvii.
xxxviii.
xxxix.
xl.
xli.
xlii.
xliii.
xliv.
xlv.
xlvi.
Audio video store
Bakery (minor) which bakes goods for on-premise retail sale only
Barber or beauty shop
Bicycle shop (including repairs)
Book store
Bridal shop
Business and domestic equipment rental and sales
Car wash
Card/gift shop
Clothing store
Computer/Electronics store
Convenience stores
Cosmetic studio
Craft or hobby shop
Dance studio
Day care center, in accordance with the requirements set forth in Article XXV –
“Detailed Use Regulations” – Section 5 – Day Care Center”.
Department store
Drug store
Dry cleaning
Duplicating or copying service
Fitness Center
Florist shop
Furniture store
Gasoline service station in accordance with the requirements set forth in Article
XXV – “Detailed Use Regulations”, Section 12 – “Gasoline Service Station”.
Grocery store
Hardware store
Health food store
Ice cream parlor
Indoor sports facilities such as bowling, health club or spa, racquet club, skating
rink, etc.
Interior decorating store
Jewelry store
Mailing and package shipping center
Motion picture theater
Music store
Offices - business and professional
Parking decks, garages, or other similar multistory parking facility
Pet store
Photographic studio
Professional offices occupied by architects, attorneys, dentists, engineers,
physicians, and other similar professionals, not to include treatment facilities, as
defined in Ordinance # 288-5.
Restaurant
Retail establishment
Schools
Shoe store/shoe repair
(85)
xlvii. Shopping Centers in accordance with the requirements set forth in Article XXV
– Detailed Use Regulations” - Section 8 – “Shopping Center Requirements”.
xlviii. Sporting goods store
xlix. Tanning salon
l. Theater
li. Tobacco shop
lii. Toy stores
liii. Travel agency
liv. Veterinary clinic, veterinary hospital, dog training facility, or boarding facility –
(no outside kennels or dog runs), in accordance with the requirements set forth
in Article XXV – Detailed Use Regulations” - Section 16 – “Veterinary Clinics,
Veterinary Hospitals, Dog Training Facility, Boarding Facility, Outside
Kennels, or Dog Runs”.
c. Prohibited Uses.
iii. The required parking spaces, maneuvering drive aisles, and pedestrian areas on
a parcel in the PC, Planned Commercial District, are not to be used in ways
iv. No vehicles of any kind or no merchandise or materials of any kind associated
v. No storage trailers or temporary storage containers shall be allowed for storage
on the premises.
d. Area and Dimensional Regulations. Except as provided in Article XXIV –
shall be observed.
Maximum
Height of
Structures
Stories Feet
3
42
*
**
***
Minimum Yards
(Feet)
Front
25
Rear
*None
Minimum Side
Yards
Minimum Lot Area
Minimum Lot
Width
Feet
**None
Square Feet
***See Below
Feet
None
(86)
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 outside
storage, 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/warehouse
v. Plumbing, heating and cooling, electrical and other supply and service facilities
vi. Research & Development laboratories
vii. Warehouses
viii. Wood working shops
ix. 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.
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 other
iv. No vehicles of any kind or no merchandise or materials of any kind associated
v. No storage trailers or temporary storage containers shall be allowed for storage
on the premises.
vi. None of the above activities listed above in “Planned Business (PB) – Permitted
Uses” shall involve resource production, foundries, processing or refining of
raw materials such as ore, metals, rubber, plastic, fuel, petroleum, nor storage or
disposal of hazardous chemicals or wastes.
(87)
shall be observed.
Minimum Lot Area
Minimum Lot
Minimum Yards
Minimum Side
Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
6
75
50
*None
**None
***See Below
No Minimum
*
**
***
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.
7. Planned Mixed Use (P-MX).
a. Intent. To provide for a combination of commercial, office, public, and residential
uses within a planned unified development area that is diverse, compact and
pedestrian oriented, which will permit and encourage maximum land use.
b. Permitted Uses.
i. Antique stores
ii. Art supply store
iii. Arts and crafts store
iv. Auditoriums
v. Bakery
vi. Bank
vii. Barber shops
viii. Beauty shops
ix. Book store
x. Bridal shop
xi. Card shop
xii. Clothing store
xiii. Computer store
xiv. Dance studios
(88)
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
xxiv.
xxv.
xxvi.
xxvii.
xxviii.
xxix.
xxx.
xxxi.
xxxii.
xxxiii.
xxxiv.
xxxv.
xxxvi.
xxxvii.
xxxviii.
xxxix.
xl.
xli.
xlii.
xliii.
xliv.
xlv.
xlvi.
xlvii.
xlviii.
xlix.
l.
li.
lii.
liii.
liv.
lv.
Delicatessen
Drug store
Dry cleaning pick-up (where no cleaning or laundry is done on premises)
Duplicating service
Dwelling units to include lofts and condominium units
Electronics store
Fitness center
Florist shop
Furniture store
Gift shop
Grocery stores, operated as a Neighborhood Food Market
Hardware stores, operated as a Neighborhood Hardware store
Hobby shop
Hotel/Motel
Ice cream parlor
Interior design shop
Jewelry store
Liquor or wine shops
Mailing and package shipping center
Museum
Music stores
Offices - Business and Professional
Outdoor café
Parking decks, garages, or other similar multistory parking facilities
Parks
Physical therapist
Portrait studio
Public facilities
Restaurant
Retirement and Nursing Homes in accordance with the requirements set forth in
Article XXV – “Detailed Use Regulations” - Section 15 – “Retirement and
Nursing Homes”.
Shoe store
Short-Term and Seasonal Businesses, in accordance with the requirements of the
Special Events, in accordance with the requirements of the Detailed Use
Sporting goods store
Stationery store
Theaters
Tobacco shops
Toy store
Travel agent
Video store
Similar commercial retail uses
(89)
lvi. Accessory structures customarily incidental to the uses specifically permitted in
this section and conducted in another building located on the parcel are also
permitted; provided, that no accessory structure may be used as a dwelling or an
office or be occupied by any person, either on a permanent or temporary basis.
c. Prohibited Uses.
ii. The required parking spaces, maneuvering drive aisles, and pedestrian areas on
a parcel in the P-MX, Planned Mixed Use District, are not to be used in ways
iii. No vehicles of any kind or no merchandise or materials of any kind associated
iv. No storage trailers or temporary storage containers shall be allowed for storage
on the premises.
shall be observed.
Minimum Lot Area
Minimum Lot
Minimum Yards
Minimum Side
Maximum
Width
Yards
(Feet)
Height of
Structures
Stories Feet Front
Rear
Feet
Square Feet
Feet
3
42
50
*None
**None
***See Below
None
*
**
***
e. Mixed Use Buildings.
i. In a mixed use building, dwelling units to include lofts and condominium units
must be located on floors above commercial uses, and must have a separate
entrance from commercial entrances used by patrons. Commercial and residential
uses may not occupy a common floor in the building, the intent being to permit
coexistence of said uses in the same building but with appropriate segregation to
permit reasonable use and occupation by both residential and commercial
occupants. Residential units shall not be allowed as a street level use.
(90)
ii. Parking. There must be at least two (2) paved or enclosed parking spaces for the
exclusive use of each residential dwelling unit in a Mixed Use Building and
sufficient additional parking space per dwelling unit for visitors to those
residences. Additional parking for patrons shall be required in accordance with
General 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 information
about parking locations, access, means of restricting access of residential parking
to residents, usage patterns, overflow parking, parking for patrons of street level
uses, other available public parking and all other factors which show the impact of
said 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. Mausoleums
iii. Columbaria
iv. Crematoriums
v. Mortuaries
vi. Funeral Homes
vii. 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 building
setbacks, separations, or heights, all buildings shall conform to the International
Building Code, International Residential Code, and International Fire Code, as
adopted and amended by the City of Pelham.
(91)
h. Additional Regulations (when applicable).
i. The site for a proposed cemetery shall have direct access to a public thoroughfare.
ii. All required yards shall be landscaped and maintained.
iii. Any structures except grave markers and monuments shall be located not less than
fifty feet from any lot line or street right-of-way.
iv. A six-foot high protective wall or fence shall be located on all property lines, in
accordance with the requirements set forth in Article XXIV – “Supplementary
Regulations and Modifications” – Section 13 – “Screening”.
v. The principal entrance or entrances to a cemetery shall be located not closer than
five hundred feet from the boundary of residentially zoned property.
vi. Mausoleums, crematoriums, or any other building or structure accessory to or
incidental to a cemetery shall not be closer than two hundred feet to any property
line and shall not exceed thirty-five feet in height.
vii. No burial plots shall be located closer than fifty feet from any property lines, nor
one hundred fifty feet from any water pipe, main, or well.
9. Planned Manufactured (Mobile) Home Park District (P-MHP)
a. Intent. To establish a district for manufactured (mobile) home parks with
consideration given to the nature of the development, surrounding areas, and the
overall community.
b. Location of manufactured (mobile) home parks. The boundary of the park must
be at least 100 feet from any permanent residential building located outside the park,
unless separated therefrom by a natural or artificial barrier.
c. Manufactured (mobile) home park standards.
The following property
development standards shall apply for all manufactured (mobile) home parks
hereinafter established or altered. These standards shall be in addition to the
requirements listed in Article XX, Section 2 – “Application Requirements for PUD”:
i. The manufactured (mobile) home park shall be in conformity with all applicable
health and sanitation regulations in force by the Shelby County Health
Department and/or the City of Pelham.
ii. Area and Dimensional Regulations. Except as provided in Article XXIV –
shall be observed.
Maximum Height of
Minimum Yards
Minimum Lot Area
Minimum Lot
Structures
Per Family
(Feet)
Width
Stories
Feet
Front Rear One Both
Square Feet
Feet
Side Sides
50
1½
20
35
35
10
20
7,500
15,000 if sanitary
sewer is unavailable
iii. Parking Regulations. Refer to Article XX, Section 2, Item 4.f.xix.
(92)
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 and
exteriors of the buildings for the overall development. Storage buildings shall be
located in compounds established in the rear of the manufactured (mobile) home
spaces. Such buildings shall be located at least ten (10) feet from any
manufactured (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 in
Article XXV – “Detailed Use Regulations” - Section 9 – “Manufactured (Mobile)
Homes”. In the event of a conflict between this section and the section listed
above 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 width
of not less than twenty-three (23) feet.
iii. Each manufactured (mobile) home space shall be provided with a connection to a
sanitary 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 Health
Department shall be provided in each manufactured (mobile) home park.
v. Refuse storage, collection, and disposal shall be in conformity with the laws and
regulations 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. This
area shall have a minimum of ten percent of the development’s gross area, in
accordance 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 securing
the stability of the mobile home based on the requirements of the manufacturer or
the installation standards of the Alabama Manufactured Housing Commission.
viii. Foundations shall be installed in accordance with the standards set forth in the
manufacturers’ set-up requirements, or the installation standards of the Alabama
Manufactured Housing Commission.
ix. Installation of skirting on all manufactured homes shall be required. Installation
shall be in accordance with the manufacturers’ installation instructions.
Acceptable materials may include masonry, stone, metal, vinyl, or other materials
manufactured for the purpose of skirting.
x. Manufactured (mobile) homes shall not be used for commercial, industrial, or
other non-residential uses within the mobile home park.
(93)
xi. Travel trailers and recreational vehicles shall not be allowed to occupy a lot
within a manufactured (mobile) home park. The only location in the City of
Pelham that travel trailers and recreational vehicles shall be allowed is Oak
Mountain State Park, at the discretion of the State of Alabama and subject to its
rules 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 operation
of an apartment complex and for use by only the residents and employees. These
structures shall be subject to business license requirements, if applicable.
ii. The owner or licensee, or a duly authorized attendant or caretaker shall be in
charge at all times to keep the manufactured (mobile) home park, its facilities and
equipment in a clean, orderly, sanitary condition. The licensee or individual lot
owner, if applicable, shall be answerable for the violation of any provision of this
Ordinance.
iii. Maintenance of register for manufactured (mobile) home parks with rental lots:
Every manufactured (mobile) home park owner or operator shall maintain a
register containing a record of all residences and occupants of the manufactured
(mobile) home park. Such register shall be available to any authorized person
inspecting the manufactured (mobile) home park.
iv. State ad valorem stickers are required if you occupy a mobile home and do not
own 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 and
which are generally of a nature so as to be incompatible with the most permitted uses
may 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 Comprehensive
Plan. The City Council’s determination of compatibility with neighboring properties and
whether the proposed PUD is an appropriate use(s) for the particular parcel shall be
incorporated into the development. The City Council may impose such reasonable
conditions, terms, and limitations, which in its sole discretion are necessary and proper
for preservation of the character of property in the vicinity, and which would make the
project compatible with surrounding properties, or which are otherwise necessary or
helpful for the protection and promotion of the public health, safety, morals and welfare
of the City. However, all findings and determinations of compatibility mentioned above
shall remain within the requirements of the Planned Unit Development District and the
Zoning Ordinance of the City of Pelham.
(94)
2. Planning Commission Consideration. In addition to such other matters which are
considered by the Planning Commission with respect to any other rezoning application,
the Board may consider the Master Development Plan, the Planning Criteria, and any
supplemental materials in making its decision to recommend approval or denial of an
application for the rezoning of a parcel to PUD use. At such hearing before the Planning
Commission suggestions for revisions to the Master Development Plan, planning criteria
and supplemental materials may be made, and a written recommendation forwarded to
the City Council that the application for rezoning be granted based upon the condition
that such revisions to the PUD be made.
3. City Council Consideration. In addition to such other matters which are considered by
the City Council with respect to any other rezoning application, the City Council may
consider the Master Development Plan, the Planning Criteria, the PUD application, and
any supplemental materials in making its decision to approve or deny an application for
the rezoning of a parcel to PUD. The City Council may consider the appropriateness of
the plan in relation to the physical characteristics of the parcel and to the physical
characteristics and uses of properties adjacent to or near the subject parcel, and the City
Council may require such additions, deletions and changes to the PUD and such
agreements and covenants with respect to the proposed development, as the City Council
deems 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; or
c. 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 City
Council.
An application for rezoning to a PUD may be denied by the City Council based upon any
one (1) or more of the items of information included in the PUD application, the Master
Development 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 further
approvals shall be required except as set forth herein. Plans for the construction of
improvements 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 and
in 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, the
Building 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 Ordinance
and in compliance with applicable building codes.
(95)
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
restrictions and safeguards as to number, area, character, location or relation to the
neighborhood. This use is 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 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 subject to approval by the Board of
Adjustment, and further subject to appropriate permits and/or licenses being issued:
a. Radio or television broadcasting studio or station. A minimum twenty-foot
landscape buffer shall be required on all rear and side property lines, which abut a
residential district.
b. Broadcasting towers or wireless communications facilities shall be in accordance
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 additional
approvals. Accordingly, additional approvals shall be required for major changes as
defined 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 any
change in the planning criteria submitted with the Master Development Plan. No
segment, tract, lot or parcel of land within the approved PUD shall be processed for a
change of land use district to another PUD land use district or to conventional zoning
districts unless the total PUD is submitted along with the rezoning request. The
developer of the PUD may request a major change in the plan, by filing an application for
amendment 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 six
months from the estimated and approved start up date of the PUD, as contained within the
original approved PUD plan application, the City Council may review the plan to assure that
conditions 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 shall
commence each year on 10 percent of the total PUD or on 50 acres (whichever is less), and said
construction should continue and be completed within a reasonable time. If development is
halted after commencement of construction, or if a change in ownership occurs after
commencement of construction, said PUD approval shall remain in full force and effect, and no
modification or amendment to the approved plan shall be permitted except as outlined in Section
7 Amendment of the Plan, page 96.
(96)
Section 9. Effect of Changes to Zoning Ordinance. No amendment or modification of this
Zoning Ordinance shall be effective as to any PUD approval issued prior to such amendment or
modification, it being intended that the PUD shall continue to be developed in accordance with
the Zoning Ordinance in effect at the time of such prior approval.
(97)
ARTICLE XXI - CORRIDOR OVERLAY DISTRICT
Section 1. Intent. Recognizing the special nature of certain thoroughfares and the impact of the
appearance of this corridor and its importance to the local economy, the intent of this Section is
to establish minimum standards and regulations for all building development, building design
and orientation, site development, signage and landscaping, that will help insure that
development is aesthetically pleasing and economically viable. This Section applies to all land
in the corridor, regardless of the underlying zoning district designation, and supersedes base
district regulations in the corridor unless the zoning district requirements are more stringent. In
those cases, the base district regulations apply.
The purpose of these regulations is to ensure creativity and compatibility of the planning and
design among land uses in the corridor as well as to encourage a responsible land ethic.
Additionally, these regulations have been developed with consideration of the character of the
corridor in an attempt to ensure quality development and redevelopment as it occurs, to conserve
the valve of property as well as to enhance the investment of all those locating within the
corridor.
These corridor overlay districts are designed to work in conjunction with the underlying zoning
district(s), present and future, in order to exercise reasonable control over the land and to
accomplish the stated purpose.
Section 2. Areas of Applicability. These regulations shall apply to all lots, parcels and tracts
that have any frontage upon the following rights-of-ways within the corporate limits of the City
of Pelham:
1. State Highway 31
2. State Highway 119
3. State Highway 261
4. Shelby County Highway 11
The uses permitted under any zone district classification coupled with the Overlay District are
not affected by such overlay district designation. Only the potential development of the subject
property is affected.
In the interpretation and application of this Section, all provisions shall be: (1) considered as
minimum requirements, and (2) substantially construed in favor of the governing body.
Any property developed as single-family residential shall be excluded from the requirements of
this Section.
Section 3. Submission Requirements. All design elements required by this Section shall be
illustrated or described within the application materials prepared for the review of staff. Any
submission made without such requirements shall be deemed incomplete. Incomplete
submissions shall not be considered.
(98)
Section 4. Regulatory Interpretation Process. The Zoning Official is empowered to make
interpretations of the requirements stated within the Corridor Overlay District. Appeal of the
Zoning Official’s interpretation may be filed with the City Council.
Section 5. Site Design. In consideration of an application for a building permit for property
located in the Corridor Overlay District, the property owner or his or her agent shall submit a site
plan and accompanying information to the City of Pelham Department of Planning, Engineering
& Permits for review and approval. The site plan shall be drawn to a scale no smaller than one
inch equals fifty feet and shall show the following information:
1. All dimensions and distances, property lines, easements, landscaping, buffers and public
and private rights-of-way.
2. Existing and proposed buildings and structures, including signs, trash containers, fences,
walls, light poles, power poles, outdoor utility equipment and structures, and roof and
ground mounted mechanical appurtenance units.
3. Location, height, size, materials, color, and lighting of all signs. See Article XXII –
“Sign Ordinance”.
4. Bodies of water, stormwater detention areas, drainage structures, sanitary sewer lines and
facilities, and water distribution lines.
5. Driveways, accommodations for pedestrians, parking areas, existing and proposed
parking spaces, access aisles and other vehicle maneuvering areas; along with all required
landscaping. See Article XXIII - “Off-Street Parking and Loading Requirements” and
Article XXIV - “Supplementary Regulations and Modifications” - Section 9 “Landscaping and Buffers”.
6. All existing and proposed built improvements, natural features such as rock outcroppings,
streams, and other landscape elements; plant materials keyed to a planting schedule with
botanical names, common names, cultivar (if any), quantity of materials, size of materials
at time of planting.
7. Sufficient information and detail to clearly demonstrate that all applicable requirements
and standards of this Section are fully satisfied.
8. The site plan shall be accompanied by:
A. A grading plan which shows all areas of cut and fill and the grade of all finished
floor elevations.
B. An access management plan approved by the Alabama Department of
Transportation or the Shelby County Highway Department, dependent upon
which regulatory authority is responsible for the right-of-way being accessed.
C. Certification that building orientation, materials and design comply with the
requirements of Section 6.
D. An exterior lighting plan which shows compliance with Section 8, including the
proposed foot candles of artificial light on and off premises.
E. A sign plan which shows compliance with Section 10.
F. A landscape plan and an irrigation plan which shows compliance with Section 12.
G. An erosion and sedimentation plan which meets or exceeds the requirements of
the City of Pelham “Ordinance to Establish Storm Water Management and Water
Quality Controls, Programs, Regulations, Prohibitions, and Penalties” (Ordinance
Number 328).
H. Other plans or specifications necessary to show compliance with this Section.
9. Screening walls and fences shall be compatible in color and materials of the building on
the premises, which show compliance with Section 7.
(99)
10. Color and lighting of all signs shall be compatible in color with material of the building
on the premises. Location, height, size. See Article XXII – “Sign Ordinance”.
No structure or land shall hereafter be located, extended, converted, or structurally altered
without full compliance with the terms of this Section and other applicable regulations.
Section 6. Building Design & Orientation. The following standards shall apply to all
development in the corridor, except single family detached dwellings:
1. Minimum front building setback from the Corridor Overlay District right-of-way shall be
50 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 to
minimize visibility from public right-of-way and shall be visually screened from view
from off the premises. Trash receptacles shall be located within a four-sided structure
which completely conceals the trash receptacle. The color and architecture of the
structure 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 the
applicable 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 public
right-of-way.
5. Building orientation shall be such that loading and service areas do not face the Corridor
Overlay District right-of-way, except in the case of double frontage lots, where such
areas must be located in a rear or side yard which faces the right-of-way. All loading and
service 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 and
maintain 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 higher
than 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, ornamental
metal, durable wood, vinyl that is designed and fabricated to appear as wood, or a
combination of these materials. Chain link, plastic or wire fencing is not permitted for
fences visible from public property.
3. When visible from public property, solid fences shall have an evergreen-landscaped strip
on the Corridor Overlay District right-of-way side of the fence.
4. Fences and walls shall not restrict traffic intersection sight lines.
(100)
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 fixtures
shall 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 1
vertical) are prohibited.
2. The exterior surface of retaining walls shall be compatible with the architecture and site
design of the property.
3. Retaining walls which exceed eight feet in height and are visible from public right-ofway 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 the
Corridor Overlay District right-of-way.
6. Prior to the issuance of a certificate of occupancy for the premises, all slopes shall be
stabilized 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 this
ordinance 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 this
ordinance which is not in and of itself invalid or unconstitutional.
(101)
ARTICLE XXII - SIGN ORDINANCE (ORDINANCE NO. 139-3)
SECTION 1. PURPOSES. The purpose of this ordinance is to achieve balance among the
following differing, and at times, competing goals:
(1)
to encourage the effective use of signs as a means of communication for
businesses, organizations and individuals in Pelham;
(2)
to provide a means of way-finding in the community, thus reducing traffic
confusion and congestion;
(3)
to provide for adequate business identification, advertising, and communication;
(4)
to prohibit signs of such excessive size and number that they obscure one another
to the detriment of the economic and social well-being of the City of Pelham;
(5)
to protect the safety and welfare of the public by minimizing the hazards to
pedestrian and vehicular traffic;
(6)
to preserve property values by preventing unsightly and chaotic development
which has a blighting influence upon the community;
(7)
to differentiate among those signs that, because of their location, may distract
drivers on public streets and those that may provide information to them while
they remain in their cars but out of active traffic;
(8)
to minimize the possible adverse effects of signs on nearby public and private
property; and
(9)
to implement the following specific Land Use Goals from the “Continuing the
Progress: Pelham Comprehensive Plan 2025,” as updated from time to time:
(i)
Create a unique sense of place in Pelham to enhance commercial
opportunities, the environment and convenience for residents.
(ii)
Redevelop under performing and/or vacant commercial developments
along the U.S. Highway 31 Corridor;
(iii) Create and maintain attractive gateways into Pelham for visitors and
returning residents.
SECTION 2. DEFINITIONS.
ALTER: Shall include but not be limited to the following: The addition of surface area
or height, changing of permanent copy or a sign face, changing of the location or type of
light source, the location of a sign from one position to another.
AWNING: A fabric, plastic or other non-rigid protective covering that extends from the
exterior wall of a building and is supported by or attached to a frame.
BUSINESS CENTER: A unified building, occupied by 5 or more wholesale or light
industrial establishments under separate ownership or occupancy.
CANOPY: A rigid roof, supported at all corners or extremities by poles, posts or direct
attachment to a building. A canopy typically has little vertical or wall space and is only
as thick as necessary to create a functional roof.
COMMERCIAL MESSAGE: Any sign, wording, logo, or other representation that,
directly or indirectly, names, advertises or calls attention to a business, product, service
or other commercial activity.
(102)
FRONT BUILDING WALL AREA: Shall be determined by multiplying the length of
the wall (on unified buildings, between fire walls) and the distance between the ground
level and the point where the roof attaches to or meets the wall. The front building wall
shall 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 are
located.
SEASONAL BUSINESS: A business which is operated, due to its nature, less than one
continuous 60 day period during any 12 month period, including: fruit or vegetable
stands, Christmas tree sales for profit, and income tax preparation.
SHOPPING CENTER: A group of three or more retail or service establishments located
within 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 an
object, product, place, service, person, building, or entity, or to communicate information
of any kind to the public.
SIGN, ANIMATED: Any sign with irregular intensity of illumination or movement
whether 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 a
general 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 secondary
to the use of the development site on which it is located. This category includes but is
not limited to signs with non-commercial messages such as “no parking,” “entrance,”
“loading only,” “telephone,” and similar information and directives. No sign with a
commercial message legible from a position off the development site on which the sign is
located shall be considered instructional.
(103)
SIGN, INTEGRAL ROOF: A sign which is constructed as an integral or essential part
of a normal roof structure such that no part of the sign extends vertically above the
highest portion of the roof and such that no part of the sign is separated from the rest of
the roof by a space of more than 6 inches.
SIGN, MARQUEE: A sign which is attached to any permanent, roof-like structure
projecting beyond a building or extending along and projecting beyond the wall of a
building without additional supports.
SIGN, MONUMENT: A freestanding sign attached at ground level in low profile.
SIGN, NON-CONFORMING: A sign lawfully existing on the effective date of this
ordinance, which does not conform to the requirements of this ordinance.
SIGN, OFF-PREMISE: A sign advertising a business, person, activity, goods, products,
or services not located on the premises where the sign is located.
SIGN, PORTABLE: Any sign which is designed to be transported by means of wheels;
signs made as A-frames or T-frames; menu and sandwich board signs; balloons used as
signs; and umbrellas used for commercial messages.
SIGN, PROJECTING: A sign which is affixed to any building wall or structure, which
extends beyond the building wall or structure, more than 12 inches.
SIGN, ROOF: A sign, erected, constructed, or maintained above the roof of a building.
SIGN, SUSPENDED: A sign which is suspended from the underside of a horizontal
plane surface and is supported by such surface.
SIGN, TEMPORARY: A sign which is used only for a short, specifically limited time
and is not permanently mounted.
SIGN, VEHICLE: Any sign attached to or painted on a vehicle parked and visible from
the public right-of-way, unless said vehicle is used in the normal day-to-day operations of
the business.
SIGN, WALL: An outdoor advertising sign attached to an exterior wall of a building.
SIGN, WIND-BLOWN: Any banner, flag, pennant, spinner, streamer, moored blimp, or
gas filled balloon, or similar device which may be wind activated.
SIGN, WINDOW: Any sign that is placed upon the window panes or glass or within six
inches of the window panes or glass, which is legible from the exterior of the building.
UNIFIED BUILDING: A building with individual portions separated by a fire wall(s),
each portion of which is intended for occupancy by individual tenants or owners.
(104)
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 limits
of the writing, representation, emblem, or other display, together with any
material 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 wall
when such fence or wall otherwise meets the regulations of the zoning code and is
clearly incidental to the display itself.
(b)
COMPUTATION OF AREA OF MULTIFACED SIGNS: Where the sign
faces of a double-faced sign are parallel and the distance between the faces is
three (3) feet or less, only one display face shall be measured in computing sign
area. If the two faces of a double-faced sign are of unequal area, the area of the
sign shall be the area of the larger sign. In all other cases, the areas of all faces of
a 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 the
centerline 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 be
taken 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 definition
applies 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 eligible
to receive an Alabama driver’s license (wearing any corrective lenses
required by such license). Where the height of the person is material to
the determination, the person shall be presumed to be more than 5 feet and
less than 6 feet tall.
(2)
In determining visibility of a sign from a residential property, it shall be
assumed that a two-story residence will occupy the property with secondstory 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 feet
shall require a sign permit.
(d)
No wall sign shall project more than 12 inches from the wall, nor above the top of
the building wall and which displays only one sign surface. Said signs may be
attached to, but not above, a mansard roof or parapet wall. This shall not affect
integrated roof signs, marquee signs or projecting signs, where such signs are
allowed by this Article.
(105)
(e)
Signs shall be constructed and maintained to conform to the City’s Building
Codes.
SECTION 5. SIGNS EXEMPT FROM REGULATION. The following signs shall be exempt
from regulation under this ordinance:
(a)
Any sign inside a building, not attached to a window or door that is not legible
from a distance of more than three feet beyond the lot line of the development site
or parcel on which such sign is located.
SECTION 6. SIGNS ALLOWED WITHOUT A PERMIT. The following signs shall be
allowed without a sign permit but, shall, to the maximum extent allowed by law, be subject to the
other standards of this ordinance. Where a sign is erected pursuant to a statute or a court order,
the sign may exceed the size standards of this ordinance or otherwise deviate from the standards
set forth in this ordinance to the extent that the statute or court order expressly required the larger
size or other deviation. In all other respects, such signs shall conform to the standards of this
ordinance. This sub-section shall apply to the following types of signs:
(a)
Temporary signs required by a valid and applicable federal, state, or local law,
regulation, or ordinance or posted by a public agency, acting in accordance with
an adopted law or ordinance.
(b)
Signs required by an order of a court of competent jurisdiction.
(c)
In or adjoining areas designated for parking, loading or traffic movement, signs
conforming with the Manual of Uniform Traffic Control Devices and bearing no
commercial message.
(d)
Signs bearing no commercial message and installed by employees of the City of
Pelham, of Shelby County, or of a state or federal agency while acting in the
course of their governmental duties.
(e)
Signs not legible from a distance of not more than three feet beyond the lot line of
the development site or parcel on which such sign is located.
(f)
Temporary signs smaller than 32 square feet and expressly allowed under a
provision of this ordinance.
(g)
Permanent signs that bear no commercial message, that are less than four square
feet in size and, if freestanding, are less than four feet in height, where such signs
are expressly allowed by this ordinance.
(h)
Flags expressly allowed by this ordinance, although some flagpoles or flag
lighting may require building permits.
SECTION 7. SIGNS IN PUBLIC RIGHT-OF-WAY. Only the following signs are permitted
in the public right-of-way:
(a)
Signs installed by the City of Pelham;
(b)
Signs installed by a transit company authorized to provide service to or through
Pelham;
(c)
Signs installed by Shelby County;
(d)
Signs installed by the State of Alabama;
(e)
Signs installed by a public utility with a franchise or other agreement with the
City of Pelham;
(f)
Any other person or entity expressly authorized by Alabama law to install a sign
in the right-of-way; or
(106)
(g)
Any person with an encroachment permit for the sign, in accordance with
SECTION 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 to
immediate 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 building
marker 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 or
any 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 following
limitations:
(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 in
height, 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 instructional
signs, a lot may include instructional signs. An instructional sign shall not be
larger than 4 square feet in sign face area; if freestanding, an instructional sign
shall not be more than 3 feet in height. Instructional signs may carry any type of
information except a commercial message. Typical instructional signs include,
but are not limited to, “restroom,” “phone,” “no parking,” “entrance,” “exit,” and
generic directions such as “office,” “atm,” or “stores.” No such sign shall carry
any commercial message whatsoever, but it may bear any noncommercial
message.
(107)
SECTION 9. LIGHTED SIGNS, CHANGING SIGNS, CONDITIONS.
(a)
Nuisance Prohibited. Illuminated and other lighting effects shall not create a
nuisance to adjacent property or create a traffic hazard, and all illuminated signs
or other lighting effects must be disconnected or turned off when storm warnings
are in effect. Lights and lighting upon or from a building or upon or from a sign
shall be designed and arranged so as not to cause a direct glare into residentially
zoned property.
(b)
Limits on Specific Lighting Techniques. No person shall construct, establish or
create, and no person shall maintain any stationary exterior lighting or
illumination system or any interior system which may be viewed from a public
street, highway or other public thoroughfare used by vehicular traffic, which
contains or utilizes the following:
(1)
Any exposed incandescent lamp with a wattage in excess of forty (40)
watts when the same is located within fifteen (15) feet of a street;
(2)
Any exposed incandescent lamp with an internal metallic reflector;
(3)
Any exposed incandescent lamp with an external reflector; or
(4)
Any revolving beacon light.
(c)
Changeable Copy Signs. A permanent sign in a nonresidential district may
include a section on which the copy is changed through a change of lighting or
through electronic means, subject to the following:
(1)
Such sign section shall not exceed in size, square feet, or percent of the
allowed copy area.
(2)
Such sign shall not change messages more frequently than one time per
minute; for any period during which more frequent changes occur, each
change of message shall be considered a violation.
(3)
No more than one such sign on a single premises shall be visible at one
time from a single location; two such sign sections may be installed backto-back or on wall signs on different sides of a building.
(4)
No off-premise advertising sign shall include such technology.
SECTION 10. SUBSTITUTION OF MESSAGES. Any sign allowed under this ordinance
may contain, in lieu of any other message or copy, any lawful noncommercial message that does
not direct attention to a business operated for profit, or to a product, commodity or service for
sale or lease, or to any other commercial interest or activity, so long as said sign complies with
the size, height, area and other requirements of this ordinance.
SECTION 11. PROHIBITED SIGNS. The following signs are prohibited:
(a)
Animated signs (except for changing copy signs, subject to the provisions of
Section 9(c)), wind-blown signs (except temporary banners), vehicle signs, and
strings of lights (except for temporary holiday decorations).
(b)
Portable signs (except as temporary signs)
(c)
Roof signs and projecting signs (except canopy signs)
(d)
Off-premise signs, except where specifically permitted by this ordinance.
(108)
SECTION 12. OFF-PREMISE ADVERTISING SIGNS.
(a)
Off-premise advertising signs shall only be permitted in locations where the
located within 600 feet of the main traveled way of Interstate Highway 65, where
such sign is oriented so that it is legible from such main traveled way. The main
traveled way shall be defined as the through traffic lanes exclusive of frontage
roads, auxiliary lanes, and ramps.
(b)
Off-premise advertising signs may not be stacked or erected side by side on the
same support structure.
(c)
No face of a “V” type off-premise advertising sign may protrude from the
opposite face at an interior angle greater than 25 degrees.
(d)
Off-premise advertising signs may not be animated and shall not include
electronic technology such as LEDs or video boards.
(e)
The copy area of an off-premise advertising sign may not exceed 672 square feet,
excluding cut-out extensions. Cut-out extensions may not exceed 100 square feet
in area.
(f)
Maximum height of off-premise advertising signs shall be 40 feet above the
centerline elevation of Interstate Highway 65; provided however, that the total
height of the sign shall not exceed 65 feet.
(g)
An off-premise advertising sign may not be located closer than 2,000 feet to any
other off-premise advertising sign.
(h)
Off-premise advertising signs may not be located closer than 1,000 feet to
property zoned for residential use, churches, schools, and other buildings used for
public assembly.
SECTION 13. REGULATIONS FOR SPECIFIC SIGN TYPES: TEMPORARY SIGNS.
(a)
Temporary Noncommercial Signs in Residential Districts. Temporary signs
bearing noncommercial messages are expressly allowed in all residential zoning
districts, subject to the following standards:
(1)
Such sign shall not exceed 32 square feet in size or 8 feet in height;
(2)
An individual may have more than one such sign on a property at one
time, subject to the following limitations:
(i) There shall not be more than one sign per issue, cause, event or
candidate;
(ii) The total area of all temporary noncommercial signs located on one
residential lot at one time shall not exceed 144 square feet, except
that, at any time that there is no temporary commercial (real estate)
sign located on a lot, an additional four square feet of sign area is
allowed for noncommercial signs.
(3)
Such signs shall be placed only on private property.
(4)
Such signs shall not be placed on any public property or right-of-way or
posted on any utility pole or device.
(5)
Separate illumination of such signs in residential districts is not permitted.
(6)
Removal
(i)
All temporary signs that relate to an election or other specific event
shall be removed within 15 days after the event to which they
pertain.
(109)
(ii)
The person or persons who are responsible for the erection,
placement or distribution of any political sign, including the person
whose candidacy the sign supports, are jointly and severally
responsible for the removal of the political sign and the cost
thereof.
(b)
Commercial Signs in Residential Districts.
Temporary signs bearing
commercial messages related to the sale or lease of property shall be allowed in
all residential districts, subject to the following conditions:
(1)
Such sign shall contain no commercial message except information
advertising the property on which it is located for sale, rent or lease, and
information identifying the agency or other person offering the property;
(2)
The sign shall not exceed four (4) square feet in area or eight (8) feet in
height;
(c)
Noncommercial Signs in Nonresidential Districts. Political Signs. In addition
to all other signs allowed, temporary signs bearing noncommercial messages are
expressly allowed in all nonresidential zoning districts, subject to the following
standards:
(1)
Such a sign shall not exceed 32 square feet in size or 8 feet in height;
(2)
There may be more than one such sign on a property at one time, subject
to the following limitations:
(i) There shall not be more than one sign per issue, candidate, organization,
cause or event;
(ii) The total area of all such signs located on one lot at one time shall not
exceed 144 square feet, except that at any time that there is no
temporary commercial sign on the property offering the property for
sale, rent or lease, an additional 24 square feet of sign area is
allowed for noncommercial signs.
(3)
Such signs shall be placed only on private property.
(4)
Such signs shall not be placed on any public property or right-of-way or
posted on any utility pole or device.
(5)
Any noncommercial sign larger in size than 32 square feet require a sign
permit in accordance with SECTION 22. Other political signs shall not
require a sign permit.
(6)
Separate illumination of such signs is not allowed, except as specified in
this sub-section. Where a noncommercial sign is erected in place of
another permitted sign or political copy is placed on an existing, lawful
sign in a non-residential district, the illumination standards otherwise
applying to the sign shall apply to the political sign or political copy.
(7)
Removal
(i)
All such signs that relate to an election or other specific event shall
be removed within 15 days after the election to which they pertain.
(ii)
The person or persons who are responsible for the erection,
placement or distribution of any political sign, including the person
whose candidacy the sign supports, are jointly and severally
responsible for the removal of the political sign and the cost
thereof.
(110)
(d)
Real Estate Signs/Nonresidential.
(1)
One temporary, non-illuminated sign, advertising the sale or lease of
multiple dwelling or commercial land, is permitted for each property, plus
one additional sign if the property has at least one hundred feet of street
frontage on two (2) or more streets. Said sign(s) shall not exceed 24
square feet of copy area, nor 8 feet in height.
(2)
One temporary, non-illuminated sign, advertising the sale or lease of
commercial floor space or multiple dwellings, is permitted for each
property, plus one additional sign if the property has at least one hundred
feet of street frontage on two (2) or more streets. Said sign(s) shall not
exceed 12 square feet of copy area, nor 6 feet in height.
(c)
New Business Locations. A new business location is permitted one temporary
sign, not to exceed 32 square feet of copy area, nor 8 feet in height. Said
temporary sign shall be permitted for one continuous 30-day period; if the
establishment’s permanent sign is installed before the 30-day period expires, the
temporary sign shall be removed on the date when the permanent sign is installed.
Such sign may bear any noncommercial message or a message related to goods,
products or services offered on the premises.
(d)
Banner Signs. Each retail business is permitted one temporary banner which
shall not exceed 32 square feet of copy area, and shall be attached to the building
wall; for one continuous 7 day period, not to exceed two such periods in any
calendar year. The banner shall be completely secured to a building or a sturdy
frame on at least two opposite sides or at all four corners to prevent loose portions
of the banner from moving in the wind to the extent that it would become a
prohibited “animated sign” (see SECTION 11(a)).
Such sign may bear any
noncommercial message or a message related to goods, products or services
offered on the premises.
(e)
Seasonal Business.
(1)
A seasonal business, which is the sole use of a premises, is permitted one
non-illuminated temporary sign which shall not exceed 16 square feet of
copy area, nor 8 feet in height, for one continuous period not to exceed 60
days during a 12 month period.
(2)
A seasonal business which is not the sole use of a premises, is permitted
one non-illuminated temporary sign which shall not exceed 8 square feet
of copy area, nor 6 feet in height, for one continuous period not to exceed
60 days during the 12 month period.
(3)
A premise which is used by a seasonal business or businesses, for a period
longer than 60 days during a 12 month period, shall be considered a
permanent business location and shall provide attached signage in
conformity with the provisions of this ordinance.
(111)
(g)
Holiday and Cultural Decorations. In addition to all other signs, in any zoning
district, holiday or cultural decorations may be displayed for a period of not more
than 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 abutting
street. Such sign may bear any noncommercial message or a commercial message
regarding 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 in
height. The temporary construction sign shall be removed not later than the date
on which the first permanent, freestanding sign for the same property or business
is installed.
(i)
Temporary Accessory Signs for Residential Developments. As an accessory
use to the permitted, temporary commercial activity of land development and
sales, temporary commercial signs related to such development shall be allowed.
For any subdivision or development containing not less than 5 lots, one temporary
sign 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 square
feet of copy area nor 8 feet in height. No two such signs shall be located within
500 feet of each other. Where there is a landscaped median, the sign owner may
request an encroachment permit from the Chief of Police in accordance with
SECTION 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 in
accordance with SECTION 23 of this ordinance; otherwise such
sign must be located on private property and not on the right-ofway.
(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 in
accordance with SECTION 23 of this ordinance; otherwise such
sign must be located on private property and not on the right-ofway.
(ii)
(iii)
Maximum area: 12 square feet
(iv)
(112)
(v)
Illumination: indirectly illuminated
(3)
Public and Institutional Uses
(i)
Maximum number: one per abutting street
(ii)
Maximum area: 30 square feet
(iii)
(iv)
Illumination: Indirectly illuminated
(4)
Businesses.
(i)
Sign type: wall sign
(ii)
Maximum number: one
(iii)
Maximum area: 10 percent of the front building wall of the
establishment
(b)
All illuminated signs shall be indirectly illuminated in such a manner so as not to
shine or reflect light off the premises.
(c)
Limitations on Messages. Signs in these districts may bear any noncommercial
message, any commercial message related to a commercial activity lawfully
conducted on the premises, or temporary commercial messages allowed under
Section 13(b).
SECTION 15. SIGNS PERMITTED IN THE E-1, R-1, RG, AND PR-1 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 this
ordinance; otherwise such sign must be located on private property
and not on the right-of-way.
(ii)
(iii)
Maximum area: 12 square feet of copy area
(iv)
(v)
(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 in accordance
with SECTION 23 of this ordinance; otherwise such sign must be
located on private property and not on the right-of-way.
(ii)
(iii)
(iv)
(v)
(3)
Public and Institutional Uses
(i)
(113)
(ii)
(iii)
(iv)
(b)
(c)
message. The only commercial messages allowed on signs in these districts are
those 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
(ii)
(iii)
(iv)
(v)
(2)
Apartments, group dwellings, and mobile home parks.
(i)
Where permitted: may be erected in a landscaped median of a City
(ii)
(iii)
(iv)
(v)
(3)
Public, semi-public, and non-profit establishment.
(i)
(ii)
(iii)
(iv)
(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
(114)
(b)
(c)
message. The only commercial messages allowed on signs in these districts are
those temporary signs allowed under Section 13(b).
SECTION 17. SIGNS PERMITTED IN THE OFFICE AND INSTITUTION (O & I)
DISTRICT AND PLANNED OFFICE AND INSTITUTIONAL (PO-I) DISTRICT
(a)
Signs Permitted.
(1)
Commercial building occupied by less than 3 businesses or firms.
(i)
Sign type: a wall sign, a freestanding sign, or both
(ii)
Maximum area: total of 60 square feet of copy area
(iii)
Maximum height (freestanding sign): 10 feet
(iv)
Illumination: minimum of 60 percent of the copy area shall be
indirectly illuminated or not illuminated
(b)
(2)
Commercial 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 100 square feet of copy area
(iii)
(iv)
Illumination: a minimum of 60 percent of the copy area shall be
(3)
Office park.
(i)
Where permitted: at the main entrance; buildings in an office park
are not permitted a freestanding sign
(ii)
Maximum number: one
(iii)
(iv)
(4)
Institution.
(i)
(ii)
(iii)
Section 13(b).
SECTION 18. SIGNS PERMITTED FOR INDIVIDUAL RETAIL AND SERVICE
ESTABLISHMENTS IN THE B-1, B-2, B-3, B-4, M-1, M-2, PC, PB, P-MX, AND P-CD
DISTRICTS
(a)
Individual retail and service establishments.
(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
(115)
(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 OF
ESTABLISHMENT
Less than 1,600 Square Feet
SQUARE FEET
OF COPY AREA
80
1,600 to 10,000 Square Feet
140
200
Larger than 30,000 Square Feet 380
HEIGHT*
18
26
36
48
*The permitted height of a freestanding sign other than an offpremise advertising sign may be increased by 15 feet, if the
establishment is located within 500 feet of an access point to
Interstate Highway Number 65.
(d)
Section 13(b). Off-premise advertising signs may be allowed in these districts,
subject to the limitations and standards of Section 12; otherwise, commercial
messages 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:
(116)
FLOOR AREA OF SHOPPING SQUARE FEET OF HEIGHT
CENTER
COPY AREA
Less than 15,000 Square Feet
180
35
280
40
Larger than 40,000 Square Feet 460
65
(c)
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)
(iii)
(iv)
(2)
Office building occupied by 3 or more businesses or firms.
(i)
Sign type: wall sign, a freestanding sign, or both
(ii)
(iii)
(iv)
(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 freestanding
sign.
(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)
(v)
(4)
Office park and Industrial park.
(i)
Where permitted: at the main entrance
(ii)
Maximum number: one
(iii)
(iv)
(117)
(v)
(5)
Residential neighborhood signs.
(i)
Where permitted: may be erected in a landscaped median of a City
ordinance.
(ii)
(iii)
(iv)
(b)
An office park, industrial park, business center, or retail establishment with floor
area in excess of 25,000 square feet, located within 1,000 feet of a U.S. Highway,
but not abutting said Highway, is permitted one off-premise directional sign. Said
sign shall be located within 50 feet of the public street entrance to the premises.
(c)
SECTION 21.
SIGNS PERMITTED IN THE PLANNED UNIT DEVELOPMENT
DISTRICTS. Signs in the Planned Unit Development Districts shall be constructed and erected
as shown above in the applicable sections of this ordinance. Said signs shall comply with the
regulations for specific uses as set forth in this ordinance. Signs in these districts may bear any
noncommercial message, any commercial message related to a commercial activity lawfully
conducted on the premises, or temporary commercial messages allowed under Section 13(b).
SECTION 22. PERMITTING PROCEDURES.
(a)
Permits Required.
(1)
Signs regulated by this ordinance but not covered by the provisions of
SECTION 6 (SIGNS ALLOWED WITHOUT A PERMIT) shall be
erected, installed or created only in accordance with a duly issued and
valid sign permit from the Building Official. Such a permit shall be issued
only in accordance with the following requirements and procedures:
(2)
An application for construction, creation or installation of a new sign or
for modification of an existing sign shall be accompanied by detailed
drawing to show the dimensions, design, structure, and location of each
particular sign. One application and permit may include multiple signs on
the same development site.
(118)
(b)
Permitting Applications. The following procedures shall govern the application
for and issuance of all sign permits under this ordinance:
(1)
All applications for sign permits of any kind shall be submitted to the
Building Official on an application form provided by the Building Official
or in accordance with application specifications published by the Building
Official.
(2)
Each application for a sign permit shall be accompanied by the applicable
fees, which shall be established by the City Council from time to time by
resolution.
(3)
Within five business days of receiving an application for a sign permit, the
Building Official shall review it for completeness. If the Building Official
finds that it is complete, the application shall then be processed. If the
Building Official finds that it is incomplete, the Building Official shall
within such five-day period, send to the applicant a notice of the specific
ways in which the application is deficient, with appropriate references to
the applicable subsections of this ordinance.
(4)
Within seven days of the submission of a complete application for a sign
permit, the Building Official shall either:
(i)
Issue the sign permit, if the sign(s) that is or are the subject of the
application conform in every respect with the requirements of this
ordinance and other provisions of the City ordinances; or
(ii)
Deny the sign permit if the sign(s) that is or are the subject of the
application fail(s) in any way to conform to the requirements of this
ordinance or other provisions of the City ordinances. In case of a
denial, the Building Official shall specify in the rejection the
subsection of this ordinance or other applicable ordinance with
which the sign(s) is or are inconsistent.
(c)
Lapse of Sign Permit on Vacated or Unoccupied Property. A sign permit shall
lapse automatically if the business license for the premises lapses, is revoked, or
is not renewed. A sign permit shall also lapse if the business activity on the
premises is discontinued for a period of one hundred eighty (180) days or more
and is not renewed within 30 days of a notice to the last permittee, sent to the
premises, that the sign permit will lapse if such activity is not renewed.
(d)
Permits for Temporary Signs. Temporary signs on private property shall be
allowed only in accordance with the provisions of SECTION 13;
(1)
A temporary sign permit shall be required for any sign except political
signs of less than 32 square feet (see SECTION 13(f) ) or a residential real
estate sign (see SECTION 13(a) );
(2)
A temporary sign permit shall allow the use of temporary signage for a
specified period subject to all of the requirements for temporary signs as
set forth in this ordinance, SECTION 13; and
(3)
A temporary sign shall become an illegal sign if not removed upon the
expiration of the period covered by the permit.
(119)
SECTION 23. RIGHT-OF-WAY ENCROACHMENT PERMITS.
(a)
When Required. Any sign proposed for a location in a median or otherwise in
the public right-of-way must obtain a sign permit and a right-of-way
encroachment permit, which may be submitted simultaneously.
(b)
Contents. In addition to the contents otherwise required for an application for a
sign permit, an application for a right-of-way encroachment for a sign shall
contain the following:
(1)
A legal description of the exact portion of the right-of-way affected;
(i)
Drawings showing the horizontal and physical locations and
dimensions of the proposed sign and its relationship to the right-ofway;
(ii)
Schematic drawings showing the effect of the proposed sign on
what is commonly called the “clear sight triangle” for all
movements at the affected intersection;
(iii)
A proposed agreement for maintenance of the proposed sign and
related landscaping, with evidence of the continuing financial
capability of the proposing entity to provide maintenance costs of
$1,000 or more per year; and
(iv)
An executed form, provided by the City Attorney, acknowledging
that the proposed sign will exist on a permit or license from the
City that is revocable for the convenience of the City on 30 days’
written notice and acknowledging the responsibility of the
proposing entity to remove the sign upon revocation of the permit.
(c)
Procedure.
(1)
All applications for right-of-way encroachment permits shall be submitted
to the Chief of Police on the sign application form provided by the
Building Official or in accordance with application specifications
published by the Building Official.
(2)
Within five business days of receiving an application for a right-of-way
location permit, the Police Chief shall review it for completeness. If the
Police Chief finds that it is complete, the application shall then be
processed. If the Police Chief finds that it is incomplete, the Police Chief
shall within such five-day period, send to the applicant a notice of the
specific ways in which the application is deficient, with appropriate
references to the applicable subsections of this ordinance.
(3)
Within seven days of the submission of a complete application for a sign
permit, the Police Chief shall either:
(i)
Issue the right-of-way encroachment permit, if the Police Chief finds
all of the following:
1)
The sign will not impair the movement of traffic;
2)
The proposed sign will not impair the required clear-sight
triangle for any traffic movement at the nearest
intersection;
(120)
3)
4)
(ii)
(d)
The proposed maintenance agreement is adequate to ensure
maintenance of the sign and related landscaping in
accordance with the same standards applied by the City in
maintenance of its own signs and fixtures in the right-ofway; and
The proposing entity has adequate financial resources, or
has provided guarantees of such resources, to provide
maintenance to the sign and related landscaping at a cost of
at least $1,000 per year for a period of ten or more years.
Deny the right-of-way encroachment permit if the sign(s) that is or are
the subject of the application fail(s) in any way to conform to the
requirements of this ordinance or other provisions of the City
ordinances. In case of a denial, the Police Chief shall specify in the
rejection the subsection of this ordinance or other applicable ordinance
with which the sign(s) is or are inconsistent.
Revocation. A right-of-way encroachment permit may be revoked by the City
Council after notice and a hearing. Both the entity originally proposing the sign
and the entity then maintaining the sign, if not the same, shall be given notice of
the hearing at least 10 days before the date of the hearing. The City Council may
revoke 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 resulted
in 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 for
one or more traffic movements at the nearest intersection; or
(4)
The City has determined that it can no longer allow such signs due to risk
management considerations and is thus revoking all such permits in the
City, regardless of whether a particular sign and landscaping currently
conform 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 procedure
with regard to the permitting and inspection process. The Building Code shall be
adhered to with regard to requirements for sign maintenance and determination of
unsafe signs.
(b)
Any person, firm, or corporation wishing to engage in the business of altering or
erecting signs governed by the provisions of this ordinance, shall first obtain a
business license from the City.
(121)
SECTION 25. NONCONFORMING STATUS.
(a)
A building or freestanding sign shall be considered to be a legal non-conforming
sign if: (a) The sign was covered by a sign permit on the date of adoption of this
ordinance, if one was required under any other or prior City ordinance; or (b) If
no sign permit was required under prior applicable City ordinances for the sign in
question, and the sign was in all respects in conformity with prior applicable City
ordinances or was the subject of a variance to the terms of said ordinances, on the
date of the adoption of this ordinance. Building or freestanding signs which do not
qualify for legal non-conforming status shall be deemed unlawful.
(b)
A building or freestanding sign shall lose its legal non-conforming status if the
sign is altered, except that a change of message or replacement of sign panels to
accomplish a change of message shall not be considered an “alteration” for
purposes of this provision. Any non-conforming sign which is damaged by
explosion, fire, accident, or act of God, to the extent of more than fifty (50)
percent of its appraised value immediately prior to said damage, shall not be
restored except in conformity with the provisions of this ordinance.
SECTION 26. ABANDONED SIGNS.
(a)
The following conditions shall constitute an abandoned sign:
(1)
Any sign which no longer advertises a bona fide business, institution,
person, event, location, product, or service.
(2)
Any off-premise sign which is not leased by, or no longer advertises, a
bona fide business, institution, person, event, location, product, or service
for a continuous period of 120 days.
(b)
Any sign which is abandoned shall be removed within 30 days after notification
by the Building Official, that said sign is abandoned and non-conforming to the
provisions of this ordinance. Abandoned signs which are not removed within 30
days of notification of abandonment shall be deemed unlawful.
SECTION 27. REMOVAL OF SIGNS. The Building Official shall adhere to the following
regulations for removal and storage of signs in violation of the provisions of this ordinance.
(a)
With respect to any sign that constitutes a hazard to the public or a sign without
proper certification that has been installed or placed on unimproved property, on
public property or within public right-of-way, the sign may be immediately
removed and impounded by the Building Official.
(b)
Any temporary or portable sign that is installed or placed on private property
without a required permit or otherwise in violation of this ordinance may be
immediately removed and impounded by the Building Official.
(c)
Signs that are not made subject to the impoundment provisions described in
Subsections (a) and (b) above are subject to removal and impoundment ten days
after appropriate notice has been given. Appropriate notice shall be deemed to
have been given if the City provides written notice to the owner or installer of the
sign (or other responsible person). If the notice cannot be given after reasonable
efforts to identify and locate the person or persons, the City may affix a notice of
(122)
noncompliance to the sign itself. If the sign has not been removed or brought into
compliance 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 made
of paper or cardboard, shall be notified if such person can be reasonably
identified. The first attempt at notice shall be within 5 days of the removal of the
sign and supports. The manner of notification shall be that which will best
achieve notice under the circumstances including the use of certified mail, hand
delivery, or publication. Refusal of certified mail which has been properly
addressed and posted shall not void the notice. Hand delivery may be employed
where the addressee is within the City Limits. Publications may be used when the
addressee 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, and
applicable fees and storage period.
(g)
With the exception of signs made of paper or cardboard and their supports, which
may 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 storage
charge 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 30day storage period, upon payment of any storage charges and the cost of removing
the signs and supports. If the sign has not been reclaimed during the 30-day
storage period, the sign and supports may be disposed of. If, in the opinion of the
Building Official, the sign and supports are not capable of being sold, they may be
discarded; but if sold, the proceeds therefrom, shall first be applied to the storage
and removal charges, if any, and the balance shall be mailed to the previous
owner 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 the
owner or installer of such a sign, or the owner of the property on which it is
located, or any other responsible person, the full costs of removal and disposal of
the sign. The City shall certify the removal and may charge the owner or installer
or other responsible person for the removal, payable within ten days after receipt
of a statement of charges or the charges may be a special assessment and a lien on
the property involved and subject to the provisions of state law. It is presumed
that the person or entity whose identity is represented on the sign is a person
responsible for installing the sign, which presumption may be rebutted by
affidavit.
(123)
SECTION 28. PENALTIES. Any person, firm or corporation, or other organization which
violates any of 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
fine as follows:
a. First Offense……………………………………………………....…$50.00
b. Second Offense………………………………………………….... $100.00
c. Third Offense ……………………………... Mandatory Court Appearance
d. 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 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, 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 in
this article of this Code, if any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term or word of this chapter is declared unconstitutional
shall not affect any other part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term or word of this article, even if such severability
would result in a situation where there would be less speech, whether by
subjecting previously exempt signs to permitting or otherwise.
(c)
Severability of provisions pertaining to prohibited signs. Without diminishing
or 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 or
any other laws declared unconstitutional by 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, term or word of this chapter that pertains to prohibited signs,
including specifically those signs and sign types prohibited and under Section 11
of this ordinance. Furthermore, if any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term or word of this ordinance is declared
unconstitutional 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, term
or word of this ordinance.
(d)
Severability of limitations on off-premise advertising signs. If any part
section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or
word of this article and/or an other provisions of the Zoning Ordinance or this
Code are declared invalid or unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, the declaration of such unconstitutionality
shall not affect limitations on off-premise signs, set forth in Section 12.
(124)
SECTION 30. EFFECTIVE DATE. This ordinance shall become effective upon its passage and
adoption by the City Council of the City of Pelham, Alabama and posting as required by law.
(125)
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 efficient
on-site traffic circulation and encourage the design of attractive, efficient and harmonious
facilities.
At the time of the erection of any building or at the time any principal building is enlarged or
increased in capacity by adding floor area, seats, dwelling units, guest rooms, or before
conversion from one type of use or occupancy to another, permanent off-street parking in the
amount 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. Parking
facilities provided in accordance with the terms of this Ordinance shall not subsequently be
reduced to below the requirements of this Ordinance.
1. All residential and agricultural zoning districts in the City of Pelham require a minimum
of two (2) off-street parking spaces. However, provisions shall be made by the owner or
occupant of each residential or agricultural unit to park all vehicles belonging to residents
of 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 of
a residence. In the case of corner lots or double fronted lots, recreational and commercial
vehicles 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 be
supplemented by a written, fully executed document authorizing shared parking between
the business owner and the owner of nearby property having surplus parking places
above those required for the use on the site, or when the hours of operation of the two
uses 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
Duplex or two family dwelling
Townhouse dwelling
Apartment dwelling
Mobile Home/Mobile Home Park
Group Home/Family Care Home in
accordance with the “Code of Alabama” –
Section 11-52-75.1
(126)
2 spaces
2 spaces per unit
2 spaces per unit
2 spaces per unit
2 spaces per unit
1 spaces per resident staff plus 1 space per
every 5 patients
Section 2.2. Non-Residential Districts/Uses.
Auditorium, Arena, Stadium, Indoor 1 parking space per 3 seats of seating
Theater Concert Hall, Amphitheater, and capacity of the facility
other spectator facilities
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 2 spaces per 1000 square feet of floor area
(New and Used)
plus 1 space per service bay plus 1 space per
2500 square feet of outdoor display area
Building
material
sales,
home 1 space per 200 square feet of floor area and
improvement centers
1 space per 500 square feet of permanent
outdoor sales or storage area
Car Wash
o 1 space per bay and 1 per vacuum
o Coin Operated
site
o 3 stacking spaces per bay
o Self-Service
o 1 space per employee plus 3 stacking
o Full Service
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 Trade 1 space per 50 square feet of classroom
School
floor area
College Fraternity or Sorority House
1 space per member
Community Center, YMCA, YWCA
Convenience Store/Service Station
plus 1 space per employee, plus 2 stacking
spaces per fuel pump, plus 2 spaces per
service bay
Country Club, Golf Club
7 spaces per golf hole (public) or 1 space
per 5 members (private)
Dance Hall, Assembly or Exhibition Hall 1 space per 100 square feet of floor area
without fixed seats
devoted to such use
Dance or Music Studio
Day Care Center
1 per employee, plus 1 parking space per 8
persons enrolled
Doctor, Dentist
Dormitory
1 space per bedroom
Dry Cleaning
Funeral Home
Government Offices/Public Facility
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
(127)
Industrial/Manufacturing
1 space per employee on the maximum
working shift plus space to accommodate all
trucks and other vehicles used in connection
therewith, plus 1 space per 200 square feet
of retail sales area if applicable.
Laundromat
1 space per 2 machines
Library
plus one space per 2 employees
Lounge
Medical Clinic
Mini-Warehouse
1 parking space per 20 units
Motor Vehicle Body Shop and Vehicle 1 parking space per employee, plus adequate
Repair (Major)
screened parking area for damaged vehicles
or vehicles to be repaired, plus 2 parking
spaces per bay
Motor Vehicle Repair (Minor)
1 parking space per employee and 2 spaces
per repair bay
Motor Vehicle Sales and Rental (new and 1 space per 500 square feet of floor area,
used)
plus 1 per service bay plus 1 per 2500
square feet of outdoor display area
Museum, Art Gallery
plus one space per 2 employees
Office Building
Post Office
Plant Nursery
o 1 space per 250 square feet of floor
o Retail
area plus 1 space per 500 square feet
of permanent outdoor sales or
storage area
o 1 space per employee, plus space to
o Grower Only
accommodate all trucks and other
vehicles
used
in
connection
therewith
Recreation, Indoor (Sports facilities,
Bowling, Skating, Racquet Sports)
o 2 spaces per alley plus 1 space per
o Bowling
employee
o 1 space per 300 square feet of floor
o Others
area
Recreation, Outdoor
o 1 per tee
o Carpet Golf
o 7 per hole
o Golf Course
o 1 per tee
o Golf Driving Range
o 1 per 300 square feet of
o Swimming Pool
enclosed/fenced area
o 2 per court
o Tennis Courts
o 1 per 3 persons of occupancy load
o Other
(128)
Restaurant
1.2 per 100 square feet of floor area, plus 3
stacking spaces per drive-in window, plus 1
space per delivery vehicle
Retail Establishment, Showroom - (Such 1 spaces per 500 square feet of floor area
as major appliance, carpet, furniture, boats,
and motorcycle showrooms which require
an unusually large showroom area to
display oversized commodities)
Retail Establishment, Store - (Such as 1 spaces per 200 square feet of floor area
supermarkets, department stores, and and 1 space per 500 square feet of
similar establishments, except as otherwise permanent outdoor sales or storage
specified herein)
Retirement Home or Nursing Home
1 space per 5 beds plus 1 space per
employee on the maximum working shift
School
o 1 space per 8 auditorium seats or 2
o Elementary, Middle, Junior High
spaces per classroom, whichever is
greater
o 1 space per 6 students and one space
o High School, Vocational School
per 3 employees
Senior Housing/Domiciliary
o 1 space per dwelling unit
o Retirement apartments or
independent living.
o 0.65 spaces per dwelling unit
o Assisted living facility
Shopping Center
1 spaces per 200 sq.ft.
Theaters
o 1 space per 3 seats
o Indoor
o 1 space per viewing station, plus
o Outdoor
sufficient
parking
space
for
employees, and satisfactory ingress
and egress points in relation to the
street with ample off-street parking
space for patrons and guests awaiting
entrance to the facilities.
Veterinarian and other kennel facilities
1 spaces per 500 square feet of floor area
Warehouse, Distribution, Wholesale
1 space per employee on the maximum
Business, or Wholesale Showroom
working shift plus space to accommodate all
trucks and other vehicles used in connection
therewith, plus 1 space per 200 square feet
of retail sales area if applicable.
(129)
Section 3.0. Rules in Applying Off-Street Parking Standards. In applying the standards of
Section 1.0 of this Article, the following rules shall apply:
1. Parking lots, including adequate driveways and maneuvering areas, shall be improved
and maintained with a suitable paved bituminous or concrete surface.
2. A parking space shall be a minimum of:
a. Standard Parking Spaces: Nine (9) feet wide and twenty (20) feet long.
b. Parallel Parking Spaces: Nine (9) feet in width and twenty-two (22) feet in length.
c. Stacking Parking Spaces: Ten (10) feet in width and twenty (20) feet in length,
and shall be separated from parking aisles and spaces.
d. Handicapped Parking Spaces: Shall be provided and designed in accordance with
the applicable provisions of Federal, State or Local law
e. Except for single family and two-family residences in residential districts, turning
space should be provided so that no vehicle will be required to back into a public
street.
f. No off-street parking shall be permitted in the required front yard of any
residential district except upon a driveway providing access to a garage, carport,
or parking area for a dwelling.
3. The parking space requirement for a use which is not specifically mentioned in this
ordinance shall be the same as required for a use of similar nature.
4. Where fractional spaces result in using the formulas contained in this section, the parking
spaces required shall be construed to be the next highest whole number.
5. In the case of mixed or joint uses, the parking spaces required shall equal the sum of the
requirements of the various uses computed separately.
6. These standards shall apply fully to all uses and buildings established after the effective
date of this ordinance.
7. Whenever there is an alteration of a structure, an expansion of a use or a change in use
which increases the parking and loading requirements, the use in its entirety shall
conform to the off-street parking and loading standards of this ordinance. This also
applies if the existing structure does not have the minimum parking required under the
current ordinance at the time that the alteration or expansion is proposed.
8. Certification of Minimum Parking Requirements. Each application for a Certificate of
Occupancy shall include information as to the location and dimensions of off-street
parking spaces, if required, and the means of ingress and egress between such space and a
street or alley. This information shall be in sufficient detail to enable the Building
Official to determine whether or not the requirements are met. The Certificate of
Occupancy for the use of any building, structure, or land where off-street parking space is
required shall be withheld at the discretion of the Building Official until the provisions
are fully met.
Section 3.1. Location and Design of Off-Street Parking Areas.
1. In all residential districts required off-street parking shall be provided on the same lot as
the use to which the parking pertains. In other districts, such parking may be provided
either on the same lot or an adjacent lot, not in a residential district, when an increase in
the number of spaces is required by a change of use or enlargement of the building
served, or where such spaces are provided collectively or used jointly by two (2) or more
buildings or establishments.
(130)
2. Up to fifty (50) percent of the parking spaces required for (a) theaters, restaurants, public
auditoriums, and bowling alleys, and up to one hundred percent of the parking spaces
required for a church auditorium may be provided and used jointly by (b) establishments
not 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 as
specified 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 the
application for a building permit or business license.
4. All parking areas shall be provided with safe entrance to and exit from the public
thoroughfare. The location of such entrances and exits, and design and construction
thereof, shall be reviewed in the interest of safety, adequate drainage and other public
concerns.
5. All parking areas (except in single family residential) utilized between dusk and dawn
shall 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, and
other public service vehicles can adequately and safely serve such developments without
the 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 improved
and maintained with a suitable paved bituminous or concrete surface.
8. Parking spaces, except those serving one or two family dwelling units, shall be
demarcated 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) or
more spaces shall provide on-site storm water detention to retard the sudden discharge of
high volumes of storm water into the public drainage system. The quantity and rate of
runoff after development shall not exceed the quantity and rate of runoff before
development, based on a twenty-five year (25) storm frequency. Drainage plans shall be
subject to approval by the City Engineer.
11. All parking areas, when adjoining a street right-of-way shall be physically separated from
the right-of-way.
12. Parking areas shall be designed so that vehicles may exit such areas without backing onto
a 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 by
the 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.
(131)
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 parking
of 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 or
structure 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, or
semitrailers, or any combination thereof, shall not be parked or stored on residentially
zoned property, except temporarily while loading or unloading. For purposes of this
section, truck tractors and semitrailers shall be defined as shown in Title 32, Section 321-1.1 of the Code of Alabama 1975.
6. 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 the residence. In
no instance shall a camper or recreational vehicle be connected to power, water, or
sanitary 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 each
street, subject to review and approval by the Building Official or City Engineer.
2. Installation of turn lanes, pavement widening, or other appropriate modifications may be
required 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-ofway 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 located
within the street right-of-way. Except for permitted access ways, such barriers shall be
continuous.
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 area
shall be set out for loading and unloading services, in order to avoid undue interference
with public use of streets or alleys.
2. Each such space shall be a minimum of fourteen (14) feet wide and forty (40) feet long
where 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 the
on-site circulation of traffic, or allow a delivery vehicle to extend into any right-of-way
or over any property line.
5. All lighting fixtures used to illuminate loading areas shall not direct light on adjacent
streets or properties and shall not exceed a height of twenty-five feet (25') above ground
level.
(132)
6. All required loading spaces shall be located on the same lot as the principal use served by
the spaces, unless a satellite or joint use loading facility is secured in an equivalent
manner as satellite or joint parking facilities, as provided by Article XXIV – “Off-Street
Parking and Loading Requirements”, Section 3.1 – “Location and Design of Off-Street
Parking Areas”, Items 2 and 3.
Section 4.2. Loading Area Site Arrangement. All loading areas shall be provided with safe
entrance to and exit from the public thoroughfare. The City Engineer or the Building Official
shall approve the design and construction of loading areas in the interests of safety, adequate
drainage and other public requirements.
(133)
ARTICLE XXIV - SUPPLEMENTARY REGULATIONS AND MODIFICATIONS
Section 1. Regulations Supplemental. The regulations set forth in this article supplement or
modify 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 any
district 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, transformers
attached to poles, guy wires, insulators, conduits and other facilities necessary for the
transmission or distribution of electric power or to provide telephone or telegraph
service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities
necessary for the transmission or distributions of gas, oil, water, or other fluids,
television, radio, telephone, microwave, cellular telephone or other like towers
including all erected, maintained, repaired, or replaced within any district within the
City 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 conditions
on construction deemed feasible by the Board of Adjustment. The persons or entities
in question shall be required to obtain the necessary approvals for special exception
uses and/or required building permits. The height limitations found elsewhere in this
ordinance shall not apply to structures included in this paragraph. This is not to be
construed to allow the erection or construction of office buildings, warehouses, or any
other 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 operating
railroad trains, may be constructed, repaired, maintained or replaced in any district,
and these as well as terminal facilities, including passenger or freight stations, team
tracks 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 hereafter
adopted ordinances of the City of Pelham except that where permitted in connection
with residential uses such structures shall be limited to a height of twenty-five feet
above the maximum height of structures permitted in that district.
2. The limitation on number of stories shall not apply to buildings uses exclusively for
storage purposes, provided such buildings do not exceed the height in feet permitted
in the district in which located.
3. Public – semi-public or public service buildings, including but not limited to
hospitals, schools, and churches, when permitted in a district with height limitations
of less than sixty feet, may be erected to a maximum height of sixty feet, provided
side yards are increased by one foot for each foot of additional building height above
the height limitation for the district in which the building is located.
(134)
Section 4. Area Modifications for Lots of Record. Where a lot of record at the time of the
effective date of this ordinance had less area or less width than herein required for the district in
which it is located, said lot may nonetheless be used as a building site provided the yard space
and other requirements conform as closely as possible in the opinion of the Board of Adjustment
to 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 provided
herein.
2. Sills, beltcourses, or ornamental features may project into any yard not to exceed six
inches.
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 features
which do not extend more than five (5) feet above grade may project into a required
yard, 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, but
such buildings shall not encroach upon the front, side, and rear yards required by the
district regulations, and for multiple dwellings the open space between buildings
measured at the closest point shall not be less than thirty (30) feet when one or both
are two-story buildings, and shall not be less than forty (40) feet when one or both are
three or more story buildings.
6. Where an open space is more than fifty percent surrounded by residential or
institutional 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 the
location of a private swimming pool, and if constructed said pool shall be enclosed by
a fence of not less than four (4) feet in height. No mechanical appurtenance or pool
shall be within ten (10) feet of any lot line.
8. For a multiple dwelling, the minimum dimension of a yard upon which any entrance
or exit faces shall be twenty (20) feet.
9. Wherever yards are provided between commercial or industrial structures, they shall
have a minimum width of not less than ten (10) feet.
Section 6. Front Yard Modifications. The required front yards heretofore established shall be
modified in the following cases:
1. Where forty percent or more of the frontage on the same side of a street between two
intersecting 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 lesser
in depth than herein required, new buildings shall not be erected closer to the street
than the average front yard so established by the existing buildings.
(135)
2. Where forty percent or more of the frontage on one side of a street between two
intersecting 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 line
drawn 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 hundred
feet of an existing building on one side only, such building may be erected as
close 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; provided
that the side yards shall in no case be reduced to less than that otherwise required for
the zone district. No accessory structures shall project into the front yard on either
street.
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 front
yard, 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 established
shall be modified in the following cases:
1. Where a lot abuts upon an alley, one-half of the alley width may be considered as part
of the required rear or side yard for building purposes; however, the minimum yard
abutting an alley shall be three feet.
2. An unenclosed balcony, porch steps or fire escape may project into a rear yard for a
distance 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 as
required for a retaining wall.
2. No wall or fence in a rear or side yard shall exceed a height of seven (7) feet, except
as required for a retaining wall.
3. In any residence district, no fence, structure or planting which obstructs visibility
shall 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 a
minimum number of trees in residential areas, to establish standards for buffers required between
incompatible land uses and to provide for landscaping surrounding and within vehicular areas in
commercial zoning.
1. Landscaping for Residential Dwellings. A landscaping plan shall be required as part of
every zoning application, variance application and building permit application for new
construction. The following standards shall apply to the construction of residential
dwellings:
(136)
a. Prior to issue of a certificate of occupancy for residentially zoned property, on a
lot 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 trees
in the rear yard.
b. Prior to issue of a certificate of occupancy for residentially zoned property, on a
lot 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 shade
trees 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 of
the trees has been left in its natural condition and no filling, grading, excavation
or parking of vehicles or equipment or other activity which could damage or kill
the tree, has occurred within the dripline of said existing trees.
e. At the time of the final inspection, to prevent sedimentation runoff, yards and all
disturbed 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 Building
Official.
2. Buffers.
a. Applicability. A Landscape Plan shall be required as part of every zoning
application, variance application and building permit application for new
construction 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 Zoning
Ordinance 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 feet
along the property line between incompatible uses, but may be wider at the
discretion of the building official.
i. Prior to occupancy of the building or premises, a buffer of a minimum of
ten feet shall be provided. The buffer shall provide a visually
impervious barrier, uniformly dense at all heights from the ground, and a
minimum 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 these
minimum 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 materials
may be planted within a required buffer.
iii. Public utilities and storm drainage facilities may be constructed in the
required buffer, provided the buffer is installed in compliance with the
approved Landscaping Plan. The City may require supplemental
evergreen plantings in order to mitigate the effect of land disturbance in
the buffer.
(137)
iv. The sides of all above-ground detention and retention areas shall be
sodded or paved.
v. The owner shall be responsible for the maintenance, repair and
replacement of all landscaping materials and irrigation systems required
by this Section. All plant material shall be maintained in a healthy
growing condition, replaced when dead and kept free of weeds, refuse
and debris.
vi. All planted buffers shall be irrigated by an automatic irrigation system.
3. Landscaping for Vehicular Areas in Commercial Zoning.
a. Applicability. These regulations apply to all areas which are located within all
commercial zoning, and used for drives; off-street parking and/or loading;
vehicular storage, display, maneuvering and washing; and the dispensing of motor
fuels; (hereinafter referred to as vehicular areas).
b. A Landscaping Plan shall be required as part of every zoning application,
variance application and building permit application for new construction which
includes vehicular areas as herein described. This Section shall apply to new
vehicular areas for all uses, except residentially zoned property. If the size of an
existing vehicular area is increased by ten (10) percent or more, the new vehicular
area and the existing vehicular area shall comply with the requirements of this
Section; except that landscaping in the existing vehicular area shall be exempt
from the irrigation requirement.
4. Interior Vehicular Area Landscaping Requirements.
a. Each vehicular area shall have interior landscaping covering not less than five (5)
percent of the total vehicular area. Such landscaping shall be in addition to all
planting within six (6) feet of a building.
b. The primary landscaping materials used in vehicular areas shall be shade trees
which comply with the standards of Section 9, Item 7. Shrubs and other planting
materials may be used to compliment the shade tree planting, but shall not be the
sole component of the landscaping.
c. The interior dimensions of any planting area shall be sufficient to protect all
landscaping materials planted therein.
d. All required landscaping shall be irrigated by an automatic irrigation system.
5. Perimeter Landscaping Requirements Adjacent to Public Rights-of-Way.
a. Only shade trees listed in Section 9, Item 7 may be used to comply with the
requirements of this subsection.
b. A landscaped strip at least five (5) feet wide, which shall not include a sidewalk
or trail, shall be located between the vehicular area and the public right-of-way,
except where driveways cross the property line.
c. The entire five (5) foot wide strip shall be planted with a double staggered row of
shrubs. The shrubs shall be evergreen and a minimum of thirty (30) inches high
at installation.
d. At least one shade tree for every thirty (30) linear feet of required landscape strip,
or portion thereof, shall be planted in the landscaped strip.
e. Landscaping shall not be planted in a manner or location which causes a hazard to
vehicles entering or within the public right-of-way.
(138)
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 material
shall 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 an
automatic irrigation system.
7. Shade Tree List. Only the following shade trees may be planted in order to comply with
the requirements of Section 9 of this Article. All such trees shall be at least two and one
half (2 and ½) inches in diameter, measured five feet above the root ball of the tree.
a. American Holly
b. Oak
c. Chinese Elm
b. Crape Myrtle
c. Ginkgo
d. Zelcova
e. Magnolia
f. Red Bud
g. Willow
h. Birch
i. Cherry
j. Dogwood
k. Maple
l. Poplar
8. Landscaping Plan. A Landscaping Plan shall be required as part of every zoning
application, variance application and building permit application for new construction
that requires a buffer and/or landscaping in vehicular areas. The Landscape Plan shall be
drawn to a scale no larger than one inch equals 50 feet and shall contain the following
information:
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 garbage
containers, utility and drainage structures.
d. Existing and proposed buildings and structures on the subject property and
adjacent property affected by a required buffer. When the finished floor elevation
of buildings on the subject property differs by ten (10) feet or more from the
finished floor elevation of the buildings on the adjacent property affected by the
buffer, the plan shall include a cross section which accurately shows the
comparative 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.
(139)
g. Sufficient information and detail to demonstrate compliance with the
requirements 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 or
waived 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, when
application is made for a building permit, a strip of natural vegetation shall be left
undisturbed until the Building Official has inspected such area. The Official will
evaluate with regard to the width requirements set forth in the Zoning Ordinance
for that specific use and zone, as well as suitability. The Building Official may
require that the developer retain a portion of the natural vegetation as a
greenbelt/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 a
natural barrier.
b. Where future development of adjacent property would make these standards
unreasonable 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 a
street or alley or where the view from the adjoining district is blocked by a change
in 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, television
receiving antennas for cable television systems, telecommunications antennas, and other
antennas which constitute a separate business from the principal use of the premises or which are
an 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 in
any residential district:
i. Radio and television antennas, other than parabolic antennas, which do
not exceed twenty-five (25) feet in height above the established height of
the zoning district and are located on the same premises as the dwelling
to which they are accessory.
ii. Parabolic antenna greater than two (2) feet in diameter, which is located
on the same premises as the dwelling which it serves, subject to the
provisions of Article XXIV – “Supplementary Regulations and
Modifications” – Section 10 – “Accessory Antennas” – Item 2 –
“Parabolic Antennas”.
iii. Parabolic antenna less than two (2) feet in diameter, which is attached to
the dwelling to which it is accessory and does not extend more than six
(6) feet above the roof line of the dwelling.
(140)
iv. Federally licensed amateur radio station antenna which does not exceed
twenty-five (25) feet in height above the established height of the zoning
district and is located upon the same premises as the dwelling to which it
is 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 district
and are located on the same premises as the business to which they are
accessory.
ii. Transmitting and receiving antennas for communication with vehicles
owned by the business, which do not exceed the maximum building
height 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 the
general welfare of the city. Therefore, parabolic or "dish" antennas are more
strictly regulated than other forms of accessory antennas.
b. Applicability. A parabolic antenna subject to the regulations of this subsection is
any 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 an
accessory use to the principal use of the property.
c. General regulations
i. 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 the
antenna shall not be unnecessarily bright, shiny or reflective. A
parabolic antenna constructed of mesh material will have less negative
impact 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 PMHP 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 not
exceed sixteen (16) feet in height.
(141)
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 not
exceed 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 extend
more 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 to
the 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 shall
not exceed sixteen (16) feet in height.
ii. Roof-mounted parabolic antennas which-exceed six (6) feet in diameter
shall be at least fifty (50) feet from a single family residential district
boundary. Roof-mounted parabolic antennas shall not extend more than
ten (10) feet above the roof line.
Section 11. Accessory Structures. There shall be only one main structure plus any permitted
accessory structures on any lot used for residential purposes. The following shall apply to
accessory structures:
1. Accessory structures may be built in a rear yard, but such structures shall not occupy
more 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 it
shall not be located closer than seven (7) feet to the alley line. If the zoning district
requirements are more stringent for accessory structures, the zoning district
regulations apply. In the case of corner lots or double fronted lots, accessory structures
shall not encroach on either front yard.
2. Accessory structures in all residential areas shall not involve an activity connected with
any business or manufacturing use, nor shall such accessory structure be used as living
quarters. Such accessory structures shall be erected and maintained only as accessory to
the 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 aesthetic
value and appearance of the neighborhood is retained. Accessory structures shall be built
in 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.
(142)
Section 12. Sidewalks. Continuous sidewalks, paved with concrete, brick or such other material
as may be approved by the Planning Commission, and separated from public streets by a raised
curb and buffer strip, shall be provided along the full length of lot frontage for all developments
in addition to provisions of the City of Pelham Subdivision Regulations and according to the
following requirements and as described in Table 1. ON-STREET SIDEWALK AND
LANDSCAPED 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) feet
shall be provided between any parking area and the building or buildings, which they
serve. 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 feasible
upon written approval of the Planning Commission. Refer also to Table 1 below:
TABLE 1:
ON-STREET SIDEWALK AND LANDSCAPED BUFFER STRIP REQUIREMENTS
BY ZONING DISTRICT
Zoning On-Street Sidewalk
Minimum
On-Street Buffer
Minimum Buffer Strip
District
Requirement
Sidewalk Width
Strip Required
Width
A-1
None
N/A
N/A
N/A
EST
R-1
R-2
R-G
R-T
R-A
PUD
O&I
B-1
B-2
B-3
B-4
M-I
M-2
None
On one side of
street
On one side of
street
On both sides of
street, if applicable
On both sides of
On both sides of
On both sides of
Along full length
of lot frontage
Along full length
of lot frontage
Along full length
of lot frontage
Along full length
of lot frontage
Along full length
of lot frontage
Along full length
of lot frontage
Along full length
of lot frontage
N/A
N/A
5 feet
Yes
5 feet
Yes
5 feet
Yes
5 feet
Yes
5 feet
Yes
5 feet
Yes
8 feet
Yes
5 feet
8 feet
Yes
5 feet
8 feet
Yes
5 feet
8 feet
Yes
5 feet
8 feet
Yes
5 feet
5 feet
Yes
5 feet
5 feet
Yes
5 feet
(143)
N/A
3 feet along local streets
4 feet along collector roads
Section 13. Screening. All outside storage areas, which are allowed under certain zoning
districts, shall comply with the following screening requirements:
1. All outdoor storage facilities shall be completely surrounded by a continuous fence or
wall of masonry, wood, or other opaque material, which shall be a minimum of six feet in
height without openings of any type, except for one entrance and/or one exit which shall
not 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 by
columns or walls, with walls constructed of wood, metal, glass, brick, or masonry materials,
which completely enclose the principal building area. The permanent building and premises
shall 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 of
this section. Short-Term and Seasonal Businesses, in accordance with the requirements of the
Detailed Use Regulations set forth in Article XXV, Section 17. Special Events, in accordance
with the requirements of the Detailed Use Regulations set forth in Article XXV, Section 18.
(144)
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 several
zones. 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 might
have negative impacts on nearby uses without these additional regulations.
Section 2. Standards Applicable to Certain Uses. In addition to compliance with other
regulations 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, or
structure, 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 be
located 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 of
Alabama” - Section 11-52-75.1.
2. The family care home must be sponsored by a public or non-profit organization. All
state, county, and city licensing requirements shall be met including business licenses and
those 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.
(145)
7. Off street parking spaces, landscaping and buffers, and any signage shall be in
accordance with the requirements for the applicable zoning district under which this
detailed use is located.
Section 4. Day Care Home. No day care home building, or structure, or integral part thereof
shall be established in any zone other than A1, E1, R1, R2, RG, and PR-1. Day care homes are
not subject to the requirements for home occupations, but shall comply with the following
requirements:
1. The day care home shall be clearly incidental to residential use of the dwelling and shall
not change the essential character of the dwelling.
2. The day care home shall provide day care for six (6) or less children and must meet all
applicable State and County licensing requirements.
3. Employment shall be limited to members of the family residing in the dwelling, and there
shall be no employment or help other than those members of the residential family.
4. The day care home shall not be conducted in any accessory structure located on the same
lot as the principal dwelling.
5. The day care home activity shall be limited to the hours between 6:00 a.m. and 10:00
p.m.
6. No day care home shall be located within 1,000 feet of another family care home as
measured between lot lines.
7. Each applicant for day care home approval shall submit a tax notice or deed to the
property on which the proposed business will be conducted. If the applicant does not
own the property, he/she shall obtain from the owner a signed and notarized letter of
authorization to apply for day care home approval. The letter shall include name,
address, and telephone number of the property owner.
8. Day care homes shall only be permitted in single-family detached dwellings or twofamily duplex dwellings, and only allowed in the zoning districts listed above in the first
paragraph of this section.
Section 5. Day Care Center. No day care center building, or structure, or integral part thereof
shall be erected in any zone other than O&I, B1, B2, M1, PO-I, and PC.
1. The day care center shall provide day care for more than six (6) children, elderly,
handicapped, or infirm persons and must meet all applicable State and County licensing
requirements.
2. The facility must have an approved and currently valid State license. Proof of State
annual license renewal must be supplied to the City every year.
4. The operator of a Day Care Center shall allow appropriate representatives of the
municipality to enter the property to inspect such use for compliance with the
requirements of all applicable ordinances of the City of Pelham.
5. Hours of outside play shall be limited to between the hours of 8:00 a.m. and sunset, as
defined by the National Weather Service and an outdoor play area shall be provided for
child day care facilities and shall not be located in the front yard.
6. Fencing shall be provided to physically contain the children within the outdoor play area,
and to restrict children from hazardous areas, such as open drainage ditches, wells, holes,
and streets or highways.
(146)
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 play
areas, sidewalks, drop-off areas, merchandise delivery areas, and all parking lots. Such
lighting 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 the
system is properly designed to accommodate the use and that there are no apparent signs
of system failure.
10. The expansion of a day care home shall require rezoning to a district in which a day care
center is permitted. When applying for rezoning, the applicant shall submit a plan
showing 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 the
child 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 to
stipulations 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 the
general welfare of the surrounding residential area due to potential noise, electrical
interference, increased pedestrian and vehicular traffic or any other conditions which
would 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 as
the 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 be
allowed.
6. Employment shall be limited to members of the family residing in the dwelling, and there
shall 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 be
enlarged to accommodate the business activity.
8. There shall be no visible evidence that the dwelling is being used to operate a home
occupation. 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.
(147)
13. Any applicant for a home occupation shall submit an application form together with any
documentation required by this section to the Business License Office. The Revenue
Director shall have three business days to approve or deny the application, or inform the
applicant that more information is needed to reach a decision.
14. Each applicant for home occupation approval shall submit a tax notice or deed to the
property on which the proposed business will be conducted. If the applicant does not
own the property, he/she shall obtain from the owner a signed and notarized letter of
authorization to apply for home occupation approval. The letter shall include name,
address, and telephone number of the property owner.
15. No more than one home occupation shall be approved in any residential dwelling unit.
16. If an applicant fails to provide required documentation, or provides insufficient
information, to determine compliance with this section, the application shall be denied.
17. The Building Official, the Revenue Director, or a person designated by the City Council,
shall have the right to enter and inspect the dwelling for compliance purposes following
advance notice to the property owner.
18. Home occupations are not allowed in the R-T, R-A zoning districts, and mobile home
parks.
19. The issuance of a business license to a service contractor, who performs work at other
locations, does not constitute permission to store materials, tools, vehicles, or
construction equipment on the property of the address listed on the license.
Section 7. Industrial Park Regulations. No industrial park, building, or structure, or integral
part thereof shall be erected in any zone other than M1, M2, or PB. Where permitted, Industrial
Parks shall comply with the following requirements:
1. An Industrial Park shall, for the purpose of this Ordinance, include all land twenty-five
(25) acres or more in size, subdivided and platted into two (2) or more parcels, and used
or intended to be used for predominantly industrial or commercial purposes of an
industrial character.
2. Access to an Industrial Park shall be by way of a major thoroughfare.
3. 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 shall conform to
the City of Pelham’s standards for commercial streets or as otherwise approved by the
Planning Commission.
4. Off-street parking and loading shall be provided in accordance with Article XXIII – “OffStreet Parking and Loading Requirements”.
5. Outdoor storage in an industrial park shall be permitted only when accessory to a
permitted principal use and only when storage areas are suitably screened by either
landscaping, fences, or walls, and are located behind the front line of the building, but in
no instance forward of the front building setback line. Screening shall be in accordance
with the requirements set forth in Article XXIV – “Supplementary Regulations and
Modifications”, Section 13 – “Screening”.
6. A buffer area not less than twenty (20) feet in width shall be provided along property
lines of an industrial park which abuts any residential zone.
(148)
7. The vehicular approach to an industrial park site from a public street or highway shall be
so designed that uncontrolled left hand turns from the street or highway shall be
eliminated or reduced either by a frontage roadway, or other suitable means designed by
a 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 study
conducted 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 length
of which shall be determined by the following:
a. 30 mph – 100 feet
b. 40 mph – 200 feet
c. 50 mph – 300 feet
d. 55 mph – 350 feet
10. A report of subsurface soil conditions shall be provided to the building official of the City
of Pelham by an Alabama licensed professional engineer as evidence of suitable bearing
for foundations in the construction of industrial structures of a nature intended to be used
within the proposed industrial park.
11. A site plan, a grading, drainage and erosion control plan, best management practices for
the 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 city
engineer.
12. A copy of any deed restrictions or covenants shall be provided to the Planning
Commission.
Section 8. Shopping Center Requirements. No shopping center building, or structure, or
integral part thereof shall be erected in any zone other than B2, M1, and PC. In addition to all
other rules and regulations established by this ordinance, the following shall apply to all
shopping 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 the
requirements for specific uses set forth in Article XXIII – “Off-Street Parking and
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 traffic
in 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.
(149)
7. The required parking spaces, maneuvering drive aisles, and pedestrian areas are not to be
used 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 pursuant
to all applicable regulations, in accordance with the requirements for the specific uses set
forth 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 any
residential 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 sight
distance from ingress and egress points, prepared by a civil engineer, licensed by the
State of Alabama, must be submitted to and approved by the Engineering and Inspections
Department.
12. A site plan, a grading, drainage and erosion control plan, best management practices for
the 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 city
engineer.
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 Inspections
Department.
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 and
Buildings”, 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 – “Planned
Unit Development District”, and Article XXVI – “Nonconforming Uses of Land and
Buildings”, manufactured (mobile) homes shall not be permitted on individual lots and
shall not be considered as single family dwellings.
3. Manufactured (Mobile) Home Standards and Required Improvements
a. 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 or
the installation standards of the Alabama Manufactured Housing Commission.
b. Foundations shall be installed in accordance with the standards set forth in the
manufacturers’ set-up requirements, or the installation standards of the Alabama
Manufactured Housing Commission.
c. Installation of skirting on all manufactured homes shall be required. Installation
shall be in accordance with the manufacturers’ installation instructions.
Acceptable materials may include masonry, stone, metal, vinyl, or other materials
manufactured for the purpose of skirting.
(150)
4. 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”.
5. State ad valorem stickers are required if you occupy a mobile home and do not own the
land on which the mobile home sits.
6. All mobile homes must be attached to an approved sanitary sewer system or an onsite
sewage disposal system approved by the Shelby County Health Department.
7. 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.
Section 10. Regulations Pertaining to Modular (Mobile) Offices. Modular (mobile)
offices are prohibited in all zoning districts of the City of Pelham, Alabama, except upon
compliance with the following requirements:
1. The use of manufactured (mobile) homes for business or industrial uses may be allowed
temporarily by special permit issued by the Planning Commission. Said permit to be for
a period not exceeding one year.
2. Modular (Mobile) offices may be used on a construction site as a construction office, as
individually approved by the building official. Said modular (mobile) office may not be
placed on the site prior to issuance of a building permit and must be removed upon
completion of the job.
3. Modular (Mobile) offices may be used as real estate sale offices, subject to individual
approval by the Planning Commission. Approval shall not be granted for a period in
excess of one year.
4. Modular (Mobile) offices shall not be approved for permanent use.
Section 11. Motor Vehicle Sales Lot. The term motor vehicle as used in this ordinance is
defined as every vehicle which is self-propelled, but not operated on rails. No motor vehicle
sales lot shall be located in any zone other than B-2 and M-1.
1. A sales office shall be provided and shall meet all requirements of the current building
code as adopted by the City of Pelham.
2. If the facility provides a shop for mechanical repairs to vehicles, it must be separately
licensed to do so, and all applicable requirements must be separately met.
3. Setback - An off street pavement setback from public thoroughfares shall be maintained
for the safety of prospective buyers viewing displayed vehicles. The setback shall be a
minimum of five feet from the parking lot pavement to the right-of-way or, on corner
lots, five feet from the parking lot pavement to the right-of-way along both rights-of-way.
Within this setback area, a landscaped strip of at least five feet wide, which shall not
include a sidewalk or trail, shall be located between the vehicular area and the public
right-of-way, except where driveways cross the property line. Notwithstanding the
above, no vehicles may be displayed on the public right-of-way.
(151)
4. Surface pavement - All surface area with automobile traffic and/or vehicle display shall
be properly prepared using bituminous or concrete paving. In no event shall vehicles be
parked on grass or unprepared surfaces.
5. Required parking spaces for customers shall be designated separately from those areas
used to display automobiles for sale.
6. Turn-around - An adequate turn-around area shall be provided to discourage vehicles
backing out into traffic from the sales lot.
7. Disabled or damaged vehicles shall not be permitted to remain in an exterior location
unless screened from public view. Screened areas shall only be allowed in areas to the
side or the rear of the principal structure of the dealership.
8. Other types of existing businesses requesting auto sales licenses shall not be permitted to
utilize existing designated required parking spaces for that class of business for an
automobile display area. Any existing business requesting license or zoning for an
automobile sales lot shall meet all of the criteria described herein.
9. Any change in business ownership or discontinuance in the use of the property for the
purpose of an automobile sales lot shall cancel the automobile sales lot business license.
To become licensed as an automobile sales lot again, all of the necessary requirements
and physical improvements described herein must be met. A site plan and landscape plan
shall be submitted to ensure compliance.
Section 12. Gasoline Service Station. No gasoline service station building, or structure, or part
thereof which is integral to a gasoline service station shall be erected in any zone other than B2,
M1, and PC.
1. Gasoline service stations shall observe all regulations for such structures and their uses as
required by the laws of the State of Alabama and any applicable Ordinance of the City of
Pelham.
2. All permanent storage of material, merchandise, and equipment shall be within the
principal building or within the setback lines, with the exception of garbage and trash,
which shall be located in an area enclosed on three sides by an opaque fence of at least
six-feet high, with the open side of the opaque fence not viewable from any public road
right-of-way, and located within the setback lines.
3. All lighting shall be arranged to prevent direct light or glare into public streets or
surrounding properties.
4. Drains located on the premises without approved oil/water separators in the trap shall be
prohibited.
5. All permitted minor repair work to vehicles shall be performed within the principal
building located on the premises of the gasoline service station.
6. No gasoline service station shall be located within three hundred (300) feet from a public
assembly center as measured from the principal entrance of the facility.
7. Yard requirements:
A. Minimum site of twelve thousand (12,000) square feet.
B. Frontage on a public road of one hundred twenty (120) feet.
C. Structures permitted on said site not to exceed one principal structure, and three
islands of triple pumps.
(152)
D. All driveways shall be set back a minimum of twenty (20) feet from property
corners, shall not exceed thirty-five (35) feet in width and shall be thirty (30) feet
apart.
E. A minimum of one thousand six hundred (1,600) square feet of lot area is
required 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 dispensing
area 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 thousand
two 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 the
emission of smoke, fumes, dust, odor, vibration, noise, or unsightliness.
D. Storage of vehicles on premises for purposes other than periodic maintenance or
repair.
E. Buying or selling of new or used motor vehicles.
Section 13. Vehicle Repair (Major). A place of business engaged in repair and maintenance of
motor vehicles (see definition of “motor vehicle”) including painting, body work, rebuilding of
engines or transmissions, upholstery work, fabrication of parts and similar activities in which all
work is performed entirely within an enclosed building. No major vehicle repair
establishment building, or structure, or part thereof which is integral to a major vehicle repair
establishment 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 a
separate paved lot with a bituminous or concrete surface. Any screening shall be in
accordance 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 prepared
using bituminous or concrete paving. In no event shall vehicles be parked on grass or
unprepared surfaces.
(153)
3. Required parking spaces for customers and employees shall be designated separately
from those areas used to park vehicles scheduled for repair.
4. Disabled or damaged vehicles shall not be permitted to remain in an exterior location
unless screened from public view. Screened areas shall only be allowed in areas to the
side 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 located
on the lot and not within any road right-of-way, shall be provided for the delivery of
vehicles 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 business
license. To become licensed as a major vehicle repair lot again, all of the necessary
requirements and physical improvements described herein must be met. A site plan and
landscape plan shall be submitted to ensure compliance.
Section 14. Hospitals. No hospital building, or structure, or part thereof which is integral to a
hospital shall be erected in any zone other than O & I, B1, B2, M1, and PO-I. The following
information 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 professional
engineer.
3. Where deemed necessary by the city engineer, a traffic analysis indicating the estimated
traffic 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 open
space, exclusive of required front yards, side yards, greenbelts, parking area, loading
space, or other purposes. Said outdoor open space shall be open and unobstructed from
the ground upwards.
Section 15. Retirement and Nursing Homes. No retirement or nursing home building, or
structure, or part thereof which is integral to a retirement or nursing home shall be erected in any
zone other than O & I, B1, B2, M1, and PO-I. The following information is required by the City
of 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 professional
engineer.
3. Where deemed necessary by the city engineer, a traffic analysis indicating the estimated
traffic flows to and from the hospital prepared by a registered professional engineer.
(154)
5. Parking areas shall be setback no less than 15 feet from the building and a sidewalk of no
less 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 and
certificates 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 to
a residential or agricultural zone, the minimum setback shall be 50 feet. Where adjacent
to a state highway, the minimum setback shall be 50 feet.
9. Entrances to individual units shall be from the interior of the building. Mailboxes and
laundry 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 of
tenants.
11. All utilities shall be placed underground; and all independent living facilities shall be
served 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 or
veterinary hospital shall be erected in any zone other than B2, M1, and PC. No outside kennel or
dog run, or structure, or part thereof which is integral to an outside kennel or dog run shall be
erected 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 be
soundproofed to contain all sounds on-site prior to the issuance of a Certificate of
Occupancy, 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 Planning
Commission prior to any grading, clearing, site improvements or issuance of related
permits; provided, however, that no outside kennels or dog runs shall be permitted when
within 1,000 feet of a residential zone district. The Planning Commission will require
enclosure by walls, fences, berms, shrubs or trees, pre-existing or newly planted, and may
limit the type, area and height to sufficiently screen its effects or visibility from nearby
streets and any adjacent uses.
5. Outside kennels or dog runs are not allowed in the Corridor Overlay District.
(155)
Section 17. Short-Term and Seasonal Businesses. This section sets standards for short-term
or 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 public
safety associated with certain events. No short-term or seasonal businesses, or structure, or part
thereof, 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 – “Supplementary
Regulations and Modifications”, Section 14 – “Each Business to be Located in
Permanent 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 the
Pelham 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 the
designated 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 owner
authorizing 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 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 public safety associated with certain events.
No special events, or structure, or part thereof which is integral to special events shall be
conducted without the written approval of the Chief of Police, the Fire Chief, and the Public
Works 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 existing
standard business license and zoning. A special event may include the selling of goods
and/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 event
shall be any function that, in the opinion of the Chief of Police would create concern
about 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 the
approval of the Chief of Police.
(156)
3. Approval of a special event shall further require that the Special Event
organizer/management hire public safety security in numbers to be determined by the
Chief of Police and authorized under the requirements of Section 12-2 of the Code of
Ordinances of the City of Pelham, Alabama, or as otherwise required by the Chief of
Police; and shall hire Fire/Emergency Medical personnel in numbers as required by the
Fire 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 and
Modifications”, 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 requirements
for 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 the
designated 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 owner
authorizing the temporary use of the property by the vendor for special events.
14. Businesses associated with the special event must purchase a current business license
issued by the City of Pelham, pay all the applicable taxes, and meet all the requirements
listed in Items 1, 7, and 8 of this section.
(157)
ARTICLE XXVI - NONCONFORMING USES OF LAND AND BUILDINGS
Section 1. Intent. Within the districts established by this ordinance or amendments that may
later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use
which 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 of
this ordinance to permit these nonconformities to continue until they are removed, but not to
encourage 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 or
uses prohibited elsewhere in the same district. The provision[s] of this section shall not apply to
nonconforming signs. Nonconforming signs are addressed in Article XXII – “Sign Ordinance".
Section 2. Continuance. A lawful nonconforming use existing at the effective date of this
ordinance may be continued, except as hereafter provided, although, such use does not conform
with the provisions of this ordinance.
Section 3. Restoration to Safe Condition. Nothing in this ordinance shall prevent the
restoration 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 fair
market value at the time of such damage shall be rebuilt or restored except in conformity with
the 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 the
damage, provided that such rebuilding or restoration is completed within 180 days of the date of
such damage. Moreover, all debris from the damaged structure shall be removed within 90 days
from 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 another
nonconforming use of the same or a less restrictive classification. A nonconforming use which is
changed to a conforming use or to another nonconforming use of a more restrictive classification
shall 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 is
vacated or abandoned by official action of the City of Pelham, the zoning district adjoining each
side of such street, alley or public way shall be automatically extended to the center of same and
all area included therein shall then be subject to all appropriate regulations of the extended
district.
Section 8. Nonconforming Lot of Record. An undersized lot of record that previously met lot
size requirements under this Ordinance, but which has been made nonconforming in size by
adoption 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.
(158)
ARTICLE XXVII - BOARD OF ADJUSTMENT
Section 1. Appointment. A Board of Adjustment is hereby established. Such board shall be
appointed 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 the
call of the chairman, or in his absence, the acting chairman, and at such other times as the Board
may determine. Such chairman, or in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses. All meetings shall be open to the public. The Board of
Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each
question, or if absent or failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall immediately be filed in the office of
the 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 this
Ordinance.
Section 4. Administrative Review. The Board of Adjustment may hear and decide appeals
upon written application and payment of an application fee of $300.00 where it is alleged there is
error in any order, requirement, decision, or determination made by the Building Official or other
duly authorized official (Administrative Official) in the enforcement of this ordinance or any
amendment thereto. The three hundred dollar $300.00 application fee, less charges for legal
notices, shall be returned to the applicant if the appeal results in a reversal of opinion by the
Board of Adjustment, otherwise the fee shall be retained.
Section 5. Appeals. Appeals to the Board of Adjustment may be taken by any persons
aggrieved or by any officer, department, or board of the municipality affected by any decision of
the administrative official. Such appeal shall be taken within a reasonable time, as provided by
the rules of the Board, by filing with the Administrative Official and with the Board of
Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall
forthwith transmit to the Board all papers constituting the record upon which the action appealed
was 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 a
reasonable 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 action
appealed from, unless the Building Official from whom the appeal is taken certifies to the Board
of Adjustment that, a stay would, in his opinion, cause imminent peril to life and property. In
such cases, the proceedings shall not be stayed other than by a restraining order issued by the
Board of Adjustment or by an appropriate court on application with notice to the Building
Official from whom the appeal is taken and on due cause shown.
(159)
Section 7. Special Exceptions Uses. The Board of Adjustment may hear and decide special
exception uses as specifically authorized by this Ordinance, to determine whether special
exception uses should be granted, and to grant special exception uses, to impose such conditions
and safeguards as are appropriate under this ordinance, or to deny special exception uses when
not 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 the
requirements set forth in the following section, Section 8, indicating the section of this
ordinance under which the special exception is sought and stating the grounds on which it
is requested.
2. A public hearing has been held, notice of which has been provided by first class mail to
the owner of the property for which special exception is sought (or his agent) and to the
owners of all adjoining property, at least five days prior to the public hearing. The owner
must personally attend the hearing or may choose to be represented by his agent or
attorney.
3. The Board of Adjustment has made a finding that it is empowered under the section of
this 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 appropriate
conditions and safeguards in conformity with this ordinance. Violation of such conditions
and safeguards, when made a part of the terms under which the special exception is
granted, shall be deemed a violation of this Ordinance and punishable as prescribed in
this Ordinance. The Board of Adjustment may prescribe a time limit within which the
action 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 the
special exception.
Section 8. Application for a Special Exception Use Hearing. For requests for special
exception uses stipulated within the zoning district regulations, including the PUD, the following
review procedure shall be adhered to:
1. The applicant shall submit a complete special use application to the city clerk, at least
fifteen (15) days prior to the board of adjustment meeting at which the special exception
is to be considered, containing as a minimum, the following information:
a. A three hundred dollar ($300.00) fee to defray the cost of processing the
application. The required application fee must be paid, and no sum or any part of
the 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 eight
and 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;
(160)
ix.
x.
xi.
xii.
Parking and loading areas;
Points of ingress and egress; and
Signs.
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 special
exception is to be considered, the city clerk shall notify all adjacent property owners by
certified 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; and
c. 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 cases
such 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 ordinance
would result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed
and substantial justice done.
1. A variance from the terms of this ordinance shall not be granted by the Board of
Adjustment 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 the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance;
c. That the special conditions and circumstances do not result from the actions of the
applicant;
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 in
the same district.
e. That relief, if granted, would not cause substantial detriment to the public good or
impair the purposes and intent of this Ordinance; and
f. That the variance is not a request to permit a use of land, buildings, or structures
which 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 be
refunded for failure to approve such proposal.
3. A hearing on the variance application will be held after proper notice is provided. Notice
of public hearing shall be given by first class mail to the owner of the property for which
the variance is sought or to his agent, and to the owners of all adjoining property, at least
five days prior to the public hearing. The owner must personally attend the hearing or
may choose to be represented by his agent or attorney.
(161)
4. The Board of Adjustment may only grant a variance after making a specific finding that
the requirements of this Section regarding a written application have been met by the
applicant for a variance and the application fee paid, that the reasons set forth in the
application justify the granting of the variance, that the variance is the minimum variance
that will make possible the reasonable use of the land, building or structures, and that the
granting 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 and
safeguards, when made a part of the terms under which the variance is granted, shall be
deemed 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 hardship
is required and financial loss of a kind which might be common to all of the property
owners in similar situations is not grounds for a variance. Under no circumstances shall
the 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, the
Board of Adjustment may, so long as such action is in conformity with the terms of this
ordinance, 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 Building
Official/Administrative Official from whom the appeal is taken. The concurring vote of four
members of the Board shall be necessary to reverse any order, requirement, decision, or
determination of any such Building Official/Administrative Official or to decide in favor of the
applicant on any special exception or variance.
Section 11. Appeals from Action of the Board. Any party aggrieved by any final judgment or
decision 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 same
kind on the same tract or parcel of land will not be considered until a period of one (1) year has
elapsed from the date of such action by the Board. However, the Board of Adjustment may
adjust this time period, if in the opinion of a majority of the Board, an unusual situation or
circumstance exists which would warrant another hearing or that conditions in the area have
changed, or that the request has changed. Each time the application is made, the required
administration fee must be paid, and no sum or any part of the fee will be refunded for failure to
approve such proposal.
(162)
ARTICLE XXVIII - RULES OF PROCEDURE OF THE PLANNING COMMISSION
Section 1. Intent. The Zoning Ordinance was adopted as part of a program for developing the
Pelham Comprehensive Plan; zoning is one of the tools to carry out this plan. The Pelham
Planning Commission is organized to advise the City Council directly on all applications for
changes 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 of
improvement 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 of
Alabama 1975. The Commission shall be governed by these Rules of Procedure and the Zoning
Ordinance 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 exofficio, 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 by
the Mayor shall terminate with the term of the Mayor selecting such administrative
official. The term of each appointed member shall be six years or until his successor takes
office.
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 or
appointed by the Mayor, and by council in the case of council members selected by
council.
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 the
chairman shall be eligible for re-election. The Chairman shall decide upon all points of
order and procedure subject to these Rules of Procedure unless directed otherwise by a
majority of the Commission in session at the time. The Chairman may appoint any
subcommittee deemed necessary to investigate any matter before the Commission.
2. Vice Chairman. A Vice Chairman shall be elected by the Commission from among its
regular members in the same manner and for the same term as the Chairman. The vice
chairman shall serve as an acting Chairman in the absence of the Chairman, and at such
times 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 the
Commission. The City Clerk shall keep all records, and handle all correspondence and
notices for the Commission.
(163)
Section 5. Applications and Hearings.
1. Procedure for Filing.
a. The Planning Commission shall hear all requests for change in the Zoning
Ordinance of the City of Pelham and shall transmit their recommendations to the
City Council. The applicant must file an application for a hearing in the office of
the 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 any
action 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 three
hundred dollars ($300) plus $10 per acre to cover the approximate cost of
handling 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 of
each proposed amendment to be enacted into law. No action shall be initiated for
a zoning amendment affecting the same parcel of land more often that once every
twelve months, provided that by unanimous resolution of the city council, that
such action may be initiated at any time.
2. Hearings.
a. Any party may appear in person or by agent or by attorney at the hearing. The
order 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 Planning
Commission shall not be limited to consideration of such evidence as would be
admissible in a court of law. The Commission may view the premises before
arriving at a decision.
c. An application for a rehearing may be made in the same manner as provided for
in an original hearing. The application for rehearing shall be denied by the
Commission if from the record it shall appear that there has been no substantial
change in facts, evidence, or conditions. The three hundred dollar ($300)
application fee, less charges for legal notices, shall be returned to the applicant if
the rehearing results in a reversal of opinion by the Commission, otherwise the fee
shall 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) days
from the time of the hearing or thirty (30) days from the date of receipt of the
application.
(164)
b. The final decision of the Planning Commission shall be shown in the record of the
case as entered in the minutes of the Commission and signed by the Chairman and
City Clerk. Such record shall show the reasons for the determination.
c. The concurring note of a majority of the members present shall be necessary to
recommend in favor of the applicant or to decide in favor of any matter before the
commission.
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 the
Chairman. Written or oral notice of the time and place of special meeting shall be given
to 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 by
giving written or oral notice to all members.
4. Conduct of Meetings. All meetings shall be open to the public. The order of business at
regular 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 which
such member shall be personally or financially interested.
Section 7. Quorum. A quorum shall consist of four (4) members of the Commission. When
less than four members are present for any hearing, then those that are present shall agree to and
announce 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 show
the record of every action taken by the Commission and the reason therefore and every
resolution acted upon by the Commission.
Section 9. Amendments. These rules may, within the limits allowed by law, be amended at any
time 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.
(165)
ARTICLE XXIX - ADMINISTRATION AND REVIEW PROCEDURES
Section 1. Enforcing Officer. The provisions of this Ordinance shall be administered and
enforced by the Building Official and/or Zoning Official of the City of Pelham. The Building
Official and/or Zoning Official shall in relation to this Ordinance:
1. Review all building permit applications and proposed plans and perform inspections for
compliance 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 City
Ordinances 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 in
writing the persons responsible for such violations, indicating the nature of the violation
and ordering the action necessary to correct it. He shall order discontinuance of illegal
use of land, buildings, or structures; removal of illegal buildings or structures or of
additions, 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 use
into compliance with or to prevent violation of their provisions.
Section 2. Building Permit Required. A building permit is required for any and all
construction and related activities within the City of Pelham, Alabama. It shall be unlawful to
engage in any of the following prior to the issuance of a building permit by the Building
Department:
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 be
completed 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 be
accompanied by the appropriate fee, a site development plan or plat drawn to scale, and showing
the following in sufficient detail to enable the Building Official of the City to ascertain whether
the proposed excavation, construction, use of land, moving or alteration is in conformity with the
Ordinance. In addition the permit application must include the following; upon receipt of all
documentation and information specified below, the Building Official shall have a reasonable
time for review and approval of said application:
1. Certificate of approval of sanitary waste disposal facilities issued by the appropriate
administrative 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.
(166)
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 conformance
with 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 permit
accordingly. 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 to
the minimum building setbacks required in the zoning ordinance. Framing of the structure shall
not commence until a foundation survey has been submitted to the building official and
approved.
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 of
Adjustment.
Section 6. Certificate of Occupancy. Within three (3) days after the owner or his agent has
notified the Building Department of the City that a building or premises or part thereof is ready
for occupancy or use, it shall be the duty of the Building Official and the Fire Marshal to conduct
final inspections, and issue a certificate of occupancy if the building or premises or part thereof
is found to conform with the provisions of City Ordinances and adopted Codes. If such
certificate is refused, the Official shall provide the owner or his agent with written reasons for
said refusal. One copy of the signed certificate of occupancy, a signed statement by the owner or
his agent regarding the intended use of the premises, and a signed refusal, if any, shall be
maintained in the office of the Building Official. Appeals from the Building Official shall be
heard 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 land
lot 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 of
such boundaries, unless same are indicated by dimensions, shall be determined by the use
of the scale appearing on such maps.
3. Where boundaries are so indicated that they are approximately parallel to the centerlines
or street lines of streets, or to the centerlines or alley lines of alleys, or to the centerlines
or right-of-way lines of highways, such boundaries shall be construed as being parallel
thereto and at such distance therefrom as indicated on the zoning map. If no distance is
given, such dimensions shall be determined by the use of the scale shown on the said
maps.
4. In case any further uncertainty exists, the Pelham City Council shall determine the
location of boundaries.
(167)
Section 8. Interpretation of Uses. This ordinance recognizes the limitations of the district use
listings, given the infinite variations of essentially similar uses. Therefore, the Building Official
or Zoning Official is empowered to make interpretations so as to classify any questioned use
within a listed use of most similar impact and characteristics. Appeal of the Building Official's or
Zoning 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 new
or unusual use that cannot appropriately fit a listed use in any district, the following procedures
shall 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 the
Board 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 district
classification and require the property in question to be rezoned. In addition, the
unclassified use may be permitted in the new district by special exception if granted
approval by the Board of Adjustment.
3. Following the final action on the unclassified use, the Planning Commission shall initiate
an amendment to this ordinance to list the newly permitted use into the most appropriate
district 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 the
date 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 event
shall 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 provisions
of this Ordinance are hereby declared to be a nuisance per se. The Building Official may petition
the applicable court to abate the nuisance created by such unlawful use or structure. Whenever
the Building Official has declared a structure to be not conforming with the provisions of this
ordinance, the owner or occupant shall, within seventy-two (72) hours from the issuance of a
notice from the Building Official to vacate such premises, accomplish such vacation of such
structure or premises which shall not again be used or occupied until such structure or premises
has 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 is
used in violation of this ordinance, the building official of the city or any other appropriate
authority or any adjacent or neighboring property owner who would be damaged or caused
hardship by such violation, in addition to other remedies, may institute injunction, mandamus, or
other appropriate action or proceeding to stay or prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such
violation or to prevent occupancy of such building, structure, or land. The availability of said
remedies will not limit any other legal remedies available to the party.
(168)
ARTICLE XXX - INTERPRETATION OF ORDINANCE
Section 1. Minimum Requirements. In interpreting and applying the provisions of this
ordinance, 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 imposes
greater 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 other
ordinances, rules, regulations, or permits, or any easements, covenants, or agreements impose
greater restrictions upon the use of a building or upon the height, bulk, or size of a building or
structure, or require larger open spaces, yard area, or lot area that are required under the
regulations of this ordinance, such provisions shall govern.
Section 2. City not Subject to Ordinance. Any provision of this ordinance to the contrary not
withstanding, the City, in exercising any governmental function, power, or authority, shall not be
subject to the provisions of this ordinance or in anyway limited thereby in the exercise of such
governmental function, power of authority.
(169)
ARTICLE XXXI - AMENDMENTS AND CHANGES
Section 1. Requirements for Change. Whenever the public necessity, convenience, general
welfare, or good zoning practice warrants such action, the City Council, by the favorable vote of
three of the members, may amend, supplement, modify, or repeal the regulations of zoning
district 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 the
area 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 City
Council may proceed to hold a public hearing in relation thereto, giving notice as
required by law.
3. The proposed change may be deemed by the applicant to have been denied if the City
Council takes no final action upon the same within one hundred fifty days after the filing
of the application, or within ninety days after receipt of the recommendation by the
Pelham Planning Commission, provided that this sentence shall not be construed to divest
the 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 for
failure of each proposed amendment to be enacted into law. No action shall be initiated for a
zoning 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 any
time.
(170)
ARTICLE XXXII - VIOLATION AND PENALTY
Section 1. Penalties. Any person, firm or corporation, or other organization which violates any
of 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 fine
as follows:
a. First Offense……………………………………………………………....…$50.00
b. Second Offense………………………………………………………….... $100.00
c. Third Offense ……………………………………... Mandatory Court Appearance
d. Each day any such violation continues shall constitute a separate offense.
(171)
ARTICLE XXXIII - LEGAL STATUS PROVISIONS
Section 1. Interpretation and Purpose. In their interpretation and application the provisions of
this 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 is
mandatory. This ordinance shall not lower the restriction of plats, deeds, or private contracts if
such 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 invalid
or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other
section, clause provision, or portion of this ordinance which is not in and of itself invalid or
unconstitutional.
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 or
in any manner permit, extend or enlarge any non-conforming property or improvement at the
time of adoption of this ordinance, but such non-conforming use shall continue to be subject to
all restrictions and limitations existing at the time of adoption of and under this ordinance
relating to such non-conforming use. No non-conforming use existing at the time of adoption of
this ordinance shall be extended, enlarged, or expanded unless such use is changed to a use
which 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 its
adoption, approval, and publication as provided by law.
(172)
APPENDIX - RESERVED
(173)

zoning ordinance of the city of pelham, alabama

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