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The Florala News
Florala , Alabama
October 19, 1972     The Florala News
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October 19, 1972

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INC. ALL CONTENT COPYRIGHTED. ALL RIGHTS RESERVED. 3JECT TO LICENSE AGREEMENT. REPRODUCTION, DISSEMINATION, STORAGE, DISTRIBUTION PROHIBITED. NEWS, THURSDAY, OCTOBER 19, 1972 isive Dpment Ordinance FLORALA, ALABAMA THE MAYOR AND COUNCIL OF THE CITY OF FLORALA, ZONING DISTRICTS AND REGULATING THE USES SPECIFYING OFF-STREET PARKING AND LOADING ADOPTING GENERAL ZONING REGULATIONS; ADOPTING A OF INDICATING LAND DISTRICTS; DESCRIBING REGULATIONS IN SAID DISTRICTS; DEFINING SAID rIDING FOR REZONING AND REDISTRICTING; ESTABLISHING AND ZONING REGULATIONS IN EACH O~ THE SAID LAND USES AND ACCESSORY USES; PRESCRIBING OF LAND AREA WHICH MAY BE OCCUPIED UNDER VARYING PROVIDING FOR VARIANCES AND NON-CONFORMING USES; BOARD OF ADJUSTMENT; PROVIDING FOR THE REGULATION OF LAND; ADOPTING GENERAL SUBDIVISION REGULATIONS; IN OF THE TERMS HERE{N USED; PROVIDING A METHOD OF AND PRACTICE AND PROCEDURE; PROVIDING PENALTIES FOR REMEDIES FOR ENFORCEMENT HEREIN; TO REPEAL ORDINANCES; AND FOR OTHER PURPOSES. ARTICLE~ PURPOSE AND EN~,CTMENT and Council of the ~itY of Florala, Alabama, authority granted by TTtle 37, Chapter 16, Code (as amended, 1958) and for the purpose of safety, morals, convenience, order, the general welfare of the municipality and congestion in the streets; to secure safety and other dangers; to promote health and to provide adequate light and alr; to g of land, to avoid undue concen- lation; to facilitate the adequate provision water, sewerage, schools, parks, and requirements, hereby ordains and enacts into law nd Development Ordinance for the incorporated area Florala, for planning, zoning and subdivision and agreed upon through laws enacted by both Council of the City of Florala, Alabama. ~n control, the jurisdiction shall include additionally within five miles of the corporate limits and n any other municipality. ARTICLLII SHORT TITLE Ordinance shall be known and may be cited as "The Land Development Ordinance for the City of Florala, ARTICLE III OEFI~NITIONS OF TERMS USED IN THIS ORDINANCE .~ral )t as otherwise provided herein, all words shall have dictionary meaning. The present tense includes and the future tense includes the present tense. number includes ~ plural and the plural includes The word "person" includes a firm,~brporatlon, )rganization, trust or partnership. The word "lot" or "parcel." The word "bullding" Includes word "sha11" is always nwmdatory. The word Upied" as appalled to any land or building shall be ude the words "intended, arranged, or designed )ccupied." The word "map" means the "Official Map for the City of Florala, Alabama." :ific Definitions. ~sed in this Ordinance, the following words and have the meaning given in this Section: ~: A use customarlly incldental to t~use of land. ~OCK: A piece or parcel of land entirely surrounded tic highways or streets, other than a11eys. BUILDING. Any structure attached to the ground and ~'for shelter, housing, or enclosulillof per- ~ons, animals, Or chattels. BU-~ILDING. ACCESSORY" A subordinate building, the use ~tal to that of the dominant use of the maln building or land. BU.~ILDING. ALTERATIONS OF- Any change in the supporting ~ich as bearing walls, beams, "umumns, and girders) except such change as may be ~equired for its safety; and addition to a building; ~ny change in use resulting from moving a building rPm one Iocatlon to another. ~: The Florala City Planning Commission. ~: Mayor and Council for City of "The the , Alabama." D-~LSTRICT: A section of the City of F1orala in Whlc-f~]~-~]Te zoning regulations are uniform. ~~ELLING. A building designed:or used for permanent arters for one~or more families. ~:a A grant by a property owner of the use of ~ecific purpose or purposes by the general bUblic, or a corporation or a certain person or persons. ~v: One or more persons occupying a dwelling ing as a single house keeping iBit, as dis- ~inguished from persons occupying a boarding house, lodging house, or hotel, as herein defined. ~: The distance for which the front of the lot and the street line are ~Oincident. FR-~ONTAGE. STREET: A11 the property on the side of ~~two intersecting streets (crossing ~ terminating), or if the street is dead ended, ~,en all the property abutting on one side between qn intersecting street and the dead end of the street, H~E OCCUPATION: An occupation for gain or support ~~6y members of a family residing on the Premises and entirely within the main dwelling. ~o: A parcel of land occupl~Lor to be occupied ne or more main buildings.riB its accessory ildings with such open and p~l~Ing spaces as are qulred by the provisions of this Ordinance and aVing its frontage upon a public street or streets. ~r: A detached single family dwelling unlt, long-term occupancy, which has usually n prefabricated and then transported to its site ,r to a sales lot on it~ own wheels, on a detachable UMercarriage, or on a flatbed or other trailer con- ~eYance anJ requires only minor work before occu nc =~ ~ pe y ch as connection to utilities or to a foundation. uch units are usually fully equipped and furnished as opposed to a prefabricated house which may be con- structed on or off its proposed site. (17) MOBILE HOME PARK: A lot, portion or parcel of land designed for or which is intended to be used for the accommodation of two or more residential mobile homes. (18) NON-CONFORMING USE: A use of land existing at the time of the enactment of thls Ordinance, or at the time of a Zoning Amendment and which does not conform with the regulations of the use district in which it is located. (19) PLAT: A map, plan or layout of a county, city, town, se--ec-~-ion or subdivision indicating the location and boundaries of properties. (20) SIGN: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or product which is visible from any public way and used as an outdoor display. (21) STREET OR THOROUGHFARE : A thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley. A PUBLIC STREET is a street accepted by dedication or otherwise by the City. A PRIVATE STREET is a street not so accepted, or any street designated as a private street upon a recorded plat. (22) STRUCTURE: Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground. (23) SUBDIVIDER: Any person who undertakes the subdivision of land as herein defined. (24) SUBDIVISION: Any division of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale, legacy or building development, and includes any division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included in this definition: (a) the division of land into parcels of five acres or more where no new street is involved; and (b) the sale or exchange of parcels of land between separate or common owners of adjoining proper- ties, provided that additional lots are not there- by created, and that the lots created are in accordance with the provisions of this Ordinance. (25) TRAVEL TRAILER: A vehicle portable structure of not more than ten feet in width, when portable, designed as a temporary dwelling for travel, recreational, or vacation uses. (26) TRAVEL TRAILER PARK: Any lot on which are temporarily parked two or more travel trailers for a period of less than thirty (30) days. (27) YARD: A space on the same lot with a main building, su-'~-space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where enc~oachments and accessory buildings are expresslylhermitted. (28) (29) YARDf~FRONTi An open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front y~rd shall be l~asured betwee)~ the front llne of the building and the ~Hght-of-way lide'. Covered porches, whether encIwed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension. YARD~ REAR: An open space on the same lot with the main buil~ing, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building .projected to the side lines of the lot. On all corner lots the rear yard shall be at the opposite end of the lot from the front yard. (30) YARD, SIDE: An open, unoccupied space on the same ~main building, situated between the side line of the building and the adjacent/tide line of the lot extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the rear boundary of~t~we side yard shall be the rear line of the lot. On corner lots, the side yard shall be considered as parallel to the street upon which the lot has its greatest dimension. ARTICLE IV ESTABLISHMENT OF DISTRICTS "v q Section 41. Division of the Clt2 into Dlstrlcts. For the purpose of this Ordinance, the~City of Florall, Alabama, is divided into eight (8) districts as follows: R-] -- Single-Family Residential District R-2 -- Two-Family Residential District ' t'' R-3 -- Multi-Family C-I -- Neighborhood Residential District Commercial District C-2 -- General Commercial District FH* -- Flood Hazard District .~/-- Wholesale and Light Industrial District M-2 -, Industrial District Section 42. Incorporation of the Zoning Map. The Offlclal Zoning Map, wtth a11 notations, references and other information shown thereon shall be the official zoning map and Is hereby made a part of this Ordinance. Said map Is here- by made a public record and shall be kept permanently In the office of the Florala City Clerk, where the map will be accessible to the general public. Section 43. Map Amendment. If, in accordance with provisions of hls Ordinance, changes ~re made In the distrlct boundaries or other information portrayed in the Offtctal Zoning Map, changes shall be made on the Offtcial Zoning Map promptly after the amendment has been approved by the Council, to- gether with a numerical entry on the Official Zoning Map referring to the application on ftle which states the date of the offtctal action and the brief description of the nature of the changes. No amendment to this Ordinance which involved matter portrayed on the Official Zoning Map shall become effective until after such change and entry have been made on said maps. Section 44. Rules for Determinin9 Boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply: 44.1 Unless otherwise indicated, the district boundaries a--r-e-indicated as approximately following property lines, land lot lines, center lines of streets, highways, alleys or railroads, shorelines of st~reams, reservoirs, or other bodies of water, or civil boundaries, and they shall be construed to follow such lines. 44.2 Where district boundaries are approximately parallel ~o-t'he center lines of streets, highways, or railroads, or right-of-way of the same, or the center lines of streams, reservoirs, or other bodies of water, or said lines extended, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map. 44.3 Where a district boundary line as appearing on the O-irf'Tcial Zoning Map divides a lot which is single owner- ship at the time of the enactment, the use classification of a larger portion may be extended to the remainder by the Council without recourse to amendment procedure. 44.4 Where a public road, street or a11ey is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley. 44.5 In case the exact location of a boundary cannot ~etermined by the foregoing methods, the Council shall, upon application, determine the location of the boundary. ARTICLE V APPLICATION OF REGULATIONS Except'as hereinafter provided: Section 51. Use. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is or is to be located. Section 52. Building Heights. No building or structure shall hereafter be erected, con- structed or altered so as to exceed the height limit of 150 feet, to accommodate or house a greater number of families than is required or specified in the regulations herein for the district in which it is located. Section 53. Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side or rear yard, inner or outer courts, lot area per family or other requirements of this Ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for public use. Section 54. Yards. No part of a yard or other open space required for any building for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard or other open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projec- tion of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such projections shall not extend more than two (2) feet beyond the yard area requirements. ARTICLE Vl GENERAL PROVISIONS Section 61. Non-Conforming Building and Uses. It is the intent of this Ordinance to recognize that the elimination of existing buildings and structures or uses that are not in conformity with the provisions of this Ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would vio- late the provisions of this Ordinance. It is also the intent of this Ordinance to administer the elimination of non-conforming uses, buildings, and structures as to avoid any unreasonable invasion of established private property rights. Therefore, any structure or use of land existing at the timo of the enactment of this Ordinance, and arnendments thereto, but not in conformity with its use regulations and provisions, be continued subject to the following provisions: 61.I Unsafe Structures. Any structure or portion thereof declared unsafe b~ an authority may be restored to a safe condition, ~rovided t~e requirements in this Section are met. 61.2 .Altera~ions. Any change in a non-conforming building, use, or building site or yard area is subject to the follow~ng: 61.21 No non-conforming building can be structurally a-TEEred, except repairs on or installation of plumbing fix(ures required by law; the changing of interior partitions; arid interior remodeling. 61.22 No non-conforming building orlands, except to-Eose-residential dwellings needing repairs on or installation of plumbing fixtures as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed so as to conform with the provisions of this Ordinance. 61.23 Whenever an existing'residential dwelling must ~repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than the require- ,~nts set forth in this Ordinance, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling. 61.24 Should a non-conforming building be moved, a-ll-non-conforming yard areas shall be eliminated. 61.3 Extension. A non-conforming use of Tand shall be restricted to~e lot occupied by such use as of the effective date of this Ordinance. A non-conforming use of a building or buildings shall not be extended to include either additional buildings or land after the effective date of this Ordinance. 61.4 Restoration of Damaged Buildln~s. A non-conforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the reasonable estimated replacement cost of the structure, building or Improvement may not be recon- structed or restored to the same non-conforming use except