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The Florala News
Florala , Alabama
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October 26, 1972     The Florala News
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October 26, 1972
 

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' ~ * "... ~ ~- " NEWS-THURSDAY, OCTOBER 26, 1972 Comprehensive Land elopment Ordinance FLORALA, ALABAMA OF THE MAYOR AND COUNCIL OF THE CITY OF FLORALA, BLISHING ZONING DISTRICTS AND REGULATING THE USES : SPECIFYING OFF-STREET PARKING AND LOADING ADOPTING GENERAL ZONING REGULATIONS; ADOPTING A OF INDICATING LAND DISTRICTS; DESCRIBING AND REGULATIONS IN SAID DISTRICTS; DEFINING SAID FOR REZONING AND REDISTRICTING; ESTABLISHING PINGS AND ZONING REGULATIONS IN EACH Or 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 HEREIN USED; PROVIDING A METHOD OF AND PRACTICE AND PROCEDURE; PROVIDING PENALTIES FOR PROVIDING REMEDIES FOR ENFORCEMENT HEREIN; TO REPEAL ORDINANCES; AND FOR OTHER PURPOSES. ARTICLE I PURPOSE AND ENACTMENT and Council of the City of Florala, Alabama, authority granted by Title 37, Chapter 16, Code (as amended, 1958) and for the purpose of safety, morals, convenience, order, or the general welfare of the municipality and lessen congestion in the streets; to secure safety ~nic, and other dangers; to promote health and Welfare; to provide adequate light and air; to OVercrowding of land, to avoid undue concen- ; to facilitate the adequate provision water, sewerage, schools, parks, and Lrequirements, hereby ordains and enacts into law and Development Ordinance for the incorporated area of F1orala, for planning, zoning and subdivision ses and agreed upon through laws enacted by both Council of the City of F1orala, Alabama. on control, the jurisdiction shall include additionally ted within five miles of the corporate limits and any other municipality. ARTICLE II SHORT TITLE ordinance shall be known and may be cited as "The Land Development Ordinance for the City of Florala, ARTICLE Ill DEF~INITIONS OF TERMS USED IN THIS ORDINANCE Pt as otherwise provided herein, all words shall have dictionary meaning. The present tense includes and the future tense includes the present tense. number includes the plural and the plural includes The word "person" includes a firm, corporation, trust or partnership. The word "lot" or "parcel." The word "building" includes word "shall" is always mandatory. The word upied" as applied to any land or building shall be thewords "intended, arranged, or designed )l~d~"" The-word~"map'' means the "Official for.the Cltyof Florala, Alabama." Definitions. used in this Ordinance, the following words and have the meaning given in this Section: AC~CESSORY USE: A use customarily incidental to tEe=principal use of land. A piece or parcel of land entirely surrounded ic highways or streets, other than alleys. ILDING: Any structure attached to the ground and for shelter, housing, or enclosure of per- SOns, animals, or chattels. BUILDING, ACCESSORY: A subordinate building, the use ~tal to that of the dominant use of the main building or land. B U.~ILILDING~ ALTERATIONS OF: Any change in the supporting mbers of a buildinq (such as bearing walls, beams, COlumns, and girders~ except such change as may be required for its safety; and addition to a building; any change in use resulting from moving a building rrom one location to another. i) C..OMMISSION: The Florala City Planning Commission. ~OUNCIL: "The Mayor and Council for the City of ~, Alabama." DI.~SSTRICT: A section of the City of Florala in Wh~e zoning regulations are uniform. ~u: A building designed or used for permanent arters for one or more families. EASEMENT. A grant by a property owner of the use of ~'a specific purpose or purposes by the general Public, or a corporation or a certain person or persons. FAMILY: One or more persons occupying a dwelling an~iving as a single house keeping unit, as dis- tinguished from persons occupying a boarding house, lodging house, or hotel, as herein defined. Fo~unONTAGE, LOT: The distance for which the front dary line of the lot and the street line are COincident. ~, STREET: All the property on the side of a street b~two intersecting streets (crossing ~r terminating), or if the street is dead ended, hen all the property abutting on one side between an intersecting street and the dead end of the street. An occupation for gain or support y members of a family residing on the Premises and entirely within the main dwelling. ~) LO~T: A parcel of land occupied or to be occupied ~Y one or more main buildings and its accessory OUildings with such open and parking spaces as are ~equired by the provisions of this Ordinance and aving its frontage upon a public street or streets. [LE HOME: A detached single family dwelling unit, long-term occupancy, which has usually prefabricated and then transported to its site to a sales lot on it~ own wheels, on a detachable ndercarriage, or on a flatbed or other trailer con- and requires only minor work before occupancy Uch as connection to utilities or to a foundation. 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 this 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. (Ig) PLAT: A map, plan or layout of a county, city, town, section 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. (2]) ~p: A thoroughfare which affords rincipal 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) STRUC}URE: 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 TPJ~ILER: 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--uc}1" space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. (28) YARD, FRONT: 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 yard shall be measured between the front line of the building and the right-of-way line. Covered porches, whether enclosed 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. (29) YARD, REAR: An open space on the same lot with the main building, 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 lot with a main building, situated between the side line of the building and the adjacent side 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 the 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 Section 41. Division of the CitX into Districts. For the purpose of this Ordinance, the City of Florala, Alabama, is divided into eight (8) districts as follows: R-l -- Single-Family Residential District R-2 -- Two-Family Residential District R-3 -- Multi-Family Residential District C-I -- Neighborhood Commercial District C-2 -- General Commercial District FH -- Flood Hazard District M-l -- Wholesale and Light Industrial District M-2 -- Industrial District Section 42. Incorporation of the Zoning Map. The Official Zoning Map, with all 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 this Ordinance, changes are made in the district boundaries or other information portrayed in the Official Zoning Map, changes shall be made on the Official 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 file which states the date of the official action and the brief description of the nature of the changes. No a~ndment , , . , >AGE 11 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 Determining 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 are 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 to the 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-~qrTcial 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 alley 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 o~:w)t~,o~e.~s~aee;required for any. building for the purpose:,Of~~'~1~heC p~vislor~ of tHls Ordinance shaT!, be4ncludedaspart Of a yard 6r other o~en 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 VI GENERAL PROVISIONS \ Section 61. Non-Conforming Buildin9 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 toadminister 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 time of the enactment of this Ordinance, and amendments thereto, but not in conformity with its use regulations and provisions, be continued subject to the following provisions: 61.1 Unsafe Structures. Any structure or portion thereof declared unsafe by an authority may be restored to a safe condition, provided the requirements in this Section are met. 61.2 Alterations. 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 ~ed, except repairs on or installation of plumbing fixtures required by law; the changing of interior partitions; and interior remodeling. 61.22 No non-conforming building or lands, except ~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. 61.23Whenever 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- ments 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, ~on-conforming yard areas shall be eliminated. 61.3 Extension. A non-conforming use of land shall he r~stricted to the 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 Buildlngs. 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 i i ! i:! I i! iI !i iI ii /