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City of Florence Building Department - Zoning Ordinance

Sec. I. Definitions

Sec. II. General Regulations

Sec. III. District Regulations

Sec. III-100. Sign Regulations

Sec. IV. Supplementary Regulations

Sec. IV-100 Home Occupation Regulations

Sec. V. Multi-Family Development Regulations

Sec. V-100 Commercial Development Regulations

Sec. VI. Off-Street Parking and Off-Street Truck Loading

Sec. VI- 100. Planned Residential Development

Sec. VII. Nonconformities

Sec. VIII. Administration and Enforcement

Sec. IX. Amendments

Sec. X. Separability, Repeal of Existing Ordinance, and Effective Date

Sec. XI. Alcoholic Beverage Sales

AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF FLORENCE, ALABAMA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF ALA. 1975, TITLE 11, CHAPTER 52 ( 11-52-1 ET SEQ.), AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.

PREAMBLE

WHEREAS, Code of Ala. 1975, Title 11, Chapter 52 (11-52-1 et seq.), empowers the City to enact a Zoning Ordinance and to provide for its administration, enforcement and amendment, and

WHEREAS the City Council deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the city to enact such an ordinance, and

WHEREAS the City Council, pursuant to the provisions of Code of Ala. 1975, Title 11, Chapter 52 ( 11-52-1 et seq.), has appointed a Zoning Commission, which Zoning Commission is the City Planning Commission of the City of Florence, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein, and

WHEREAS the Planning Commission has divided the city into districts and has prepared regulations pertaining to such districts in accordance with the comprehensive plan (Master Plan) heretofore made and adopted by the City Planning Commission, such regulations being designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements, and

WHEREAS the Planning Commission has given consideration to the character of the districts and their peculiar suitability for particular uses with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, and

WHEREAS the Planning Commission has made a preliminary report and held public hearing thereon, and submitted its final report to the City Council, and

WHEREAS the City Council has given due public notice of hearing relating to zoning districts, regulations, and restrictions, and has held such public hearing, and

WHEREAS all requirements of Code of Ala. 1975, Title 11, Chapter 52 ( 11-52-1 et seq.), with regard to the preparation of the report of the Planning Commission and subsequent action of the city Council have been met;

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORENCE, ALABAMA:

SECTION 1. DEFINITIONS

(A) GENERAL RULES

The following general rules shall govern the interpretation of words and phrases used in this ordinance:

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

The word "shall" is mandatory; the word "may" is permissive.

The words "used or occupied" include the words "intended, designed, or arranged to be used or occupied.

The words "erected or altered" include the words "constructed, reconstructed, restored, extended or structurally altered. "

(B) WORDS AND PHRASES

Words and phrases used in this ordinance are defined as follows:

Accessory structure. A detached subordinate building located on the same building site with the main building the use of which is incidental to that of the main building.

Accessory use. A use customarily incidental to the principal use of a building site or to a building and located upon the same building site with the principal use.

Alley. Any public space or thoroughfare twenty (20) feet or less in width which has been dedicated or deeded for public use.

Alteration. Any structural change in the supporting or load-bearing members of a building such as bearing walls, columns, beams or girders.

Boarding house. A building where, for compensation and by prearrangement, five or more persons other than occasional or transient customers are provided with meals.

Buildable area. The portion of a building site remaining after required yards have been provided.

Building. Any covered structure intended for the shelter, housing or enclosure of persons, animals or chattels.

Building height. The vertical distance from grade to the highest finished roof surface in the case of flat (or nearly flat) roofs, or to a point at the average height of roofs having a pitch of more than one (1) foot in four and one-half (4 1Ö2) feet.

Building site. The land occupied or to be occupied by a principal building and its accessory buildings and including such open spaces, yards, minimum area, off-street parking facilities and off-street truck loading facilities as are required by this ordinance; every building site shall abut upon a dedicated street for at least thirty (30) feet. Any building site established after the effective date of this ordinance which occupies only a portion of a lot of record may be established only in accordance with the requirements of the Subdivision Regulations.

Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory building, and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clinic, dental or medical. A building in which a group of physicians, dentists, and allied professional assistants are associated for the purpose of carrying on their profession; the clinic may include a dental or medical laboratory but it shall not include in-patient care or operating rooms for major surgery.

Completely enclosed structure. A building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrance and exit doors.

Dead storage. The keeping of goods not in active use for residential, business or industrial purposes.

Dwelling unit. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Dwelling, single-family. A residential dwelling unit, other than an apartment or a mobile home, designed for or occupied by one family only.

Dwelling, mobile home. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.

Dwelling, multi-family. A residential building designed for or occupied by two (2) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Family. Any persons living together related by blood, marriage, adoption or guardianship ¿plus oneî. A maximum of 5 unrelated individuals may occupy a single dwelling unit in the same manner and to the same extent as any family unit as defined herein provided the occupants are 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., or if they are disabled.

Gross floor area. The sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines; all horizontal dimensions shall be measured between the exterior faces of walls, including the walls of roofed porches having more than one wall. The gross floor area of a building shall include the floor area of accessory buildings on the same building site, measured the same way.

Home Occupation. A Home occupation is an occupation for gain or support conducted in a dwelling unit only by members of a family residing in the dwelling unit and not including the employment of any additional persons. The occupation is incidental to the residential use of the dwelling unit and does not utilize more than twenty-five percent of the floor area, and no part of the occupation is conducted in an accessory building. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

There shall be no sign, and no visible evidence of the conduct of a home occupation. Home Occupations shall be regulated in accordance with Section IV-100 of these regulations.

Hotel. A building containing guest rooms in which lodging is provided, with or without meals, for compensation, and which is open to transient or permanent guests, or both; the term includes "motel," "tourist home" and "rooming house".

Hospital. An institution providing health services, primarily for in-patients, and medical and surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient department, training facilities, central service facilities, and staff offices.

Mobile home park. Any plot of ground on which two or more mobile homes are located for long-term occupancy (for periods of thirty [30] days or more) for use as dwellings. Mobile home parks shall not be occupied by travel trailers.

Nonconforming structure. A building or part thereof lawfully existing on the effective date of this ordinance and which does not conform to all of the regulations of the district in which it is located. A lawful structure is one which was not illegal pursuant to any comprehensive zoning ordinance heretofore adopted by the City of Florence.

Nonconforming use. A use which lawfully occupies a building or land on the effective date of this ordinance and which does not conform to the regulations of the district in which it is located. A lawful use is one which was not illegal pursuant to any comprehensive zoning ordinance heretofore adopted by the City of Florence.

Permitted structure. A structure meeting all the requirements established by this ordinance for the district in which the use is located.

Permitted use. A use meeting all the requirements established by this ordinance for the district in which the use is located.

Restaurant, automobile oriented. Any establishment that is principally involved in the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state and whose method of operation includes one or both of the following characteristics:

(1) The product(s) is normally served in edible containers, paper, plastic, or other disposable containers.

(2) The product may be consumed inside the building, or inside a motor vehicle parked on the premises, or removed from the premises.

Restaurant, conventional. Any establishment that is principally involved in the sale of food, frozen desserts, or beverages to the customer in a ready to consume state, and whose method of operation includes one or both of the following characteristics:

(1) Customers are normally provided a printed menu, are served by an employee of the restaurant at a table or counter; the product is served in reusable containers and is consumed inside the building.

(2) A cafeteria-style operation where the food is served in reusable containers and the product is consumed inside the building. The area devoted to food preparation shall be no more than forty-five (45) percent of the total floor area.

Self-storage facility. A building or group of buildings that contain varying sizes of individual, compartmentalized, controlled access storage units for purposes of dead storage service to the general public.

Street. A public right-of-way more than twenty (20) feet in width which provides vehicular access to adjacent properties.

Street Line. The line or boundary separating the public right-of-way from the land or property adjoining.

Structure. Anything constructed or erected which requires fixed location on the ground or attached to something having a fixed location on the ground.

Trailer park. Any plot of ground on which two (2) or more travel trailers are located for short-term (less than thirty [30] days) occupancy during travel, recreational or vacation use. Trailer parks shall not be occupied by any travel trailer for thirty (30) days or more nor by any mobile home.

Travel trailer. A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet. For purposes of these regulations, the term includes pickup campers, camping trailers, and motorized homes (living facilities constructed as integral parts of self-propelled vehicles).

Yard. A required open space unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general ground level of the building site upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility contained herein, and further provided that:

(1) Ordinary projections of sills, belt courses, cornices, buttresses, eaves and similar architectural features, and necessary mechanical features may project not more than two (2) feet into any yard and;

(2) Open fire escapes may extend not more than three and one-half (3 1Ö2) feet into any yard.

Yard, front. A yard extending the full width of the building site across its front, with required depth measured at right angles to the front street line of the building site.

Yard, rear. A yard extending the full width of the building site across its rear, with required depth measured at right angles to the rear line of the building site.

Yard, side. A yard extending from the rear line of the front yard to the front line of the rear yard, with required width measured at right angles to the adjacent side line of the building site. If no front and/or rear yard is provided, the front and/or rear lines of the building site shall be construed as front and/or rear boundaries of the side yard.

SECTION II. GENERAL REGULATIONS

(A) APPLICATION OF DISTRICT REGULATIONS

The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class kind of structure or land, and particularly, except as hereinafter provided:

(1) No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall hereafter be erected altered or moved except in conformity with all of the regulations herein specified for the district in which it is located.

(2) No building or other structure shall hereafter be erected or altered:

(a) To exceed the height or bulk;

(b) To accommodate or house a greater number of families;

(c) To occupy a greater percentage of building site area;

(d) To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of this ordinance.

(3) No part of a yard or other open space, or off-street parking or loading space required about or in connection with any structure for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4) No yard or building site existing on the effective date of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or building site created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(5) Every principle building hereafter erected, altered or moved shall have provided and continuously maintained for it a separate building site as herein defined.

(B) PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards, shall govern.

(C) OFFICIAL ZONING MAP

The city and its police jurisdiction is hereby divided into zones, or districts, as shown on the Official Zoning Map, as amended, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map is displayed in the City Planning Department, City Hall.

(1) Changes in Map. If, in accordance with the provisions of this ordinance and applicable state laws, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, promptly after the amendment effecting such changes has been adopted.

(2) District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(a) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;

(b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(c) Boundaries indicated as approximately following city limits shall be construed as following such city limits;

(d) Boundaries indicated as following shore lines shall be construed to follow such shore lines and, in the event of change in the shore line, shall be construed as moving with the actual shore line, boundaries indicated as following the center

lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

(e) Boundaries indicated as parallel to or extensions of features indicated in (a) through (d) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

(f) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by (a) through (e) above, the Board of Zoning Adjustment shall interpret the district boundaries.

(g) In case of a street vacation, where a district boundary is indicated as following the right-of-way line at the edge of the street, such boundary shall be construed as moving to the center line of the street.

(D) ANNEXED TERRITORY AND EXTRATERRITORIAL ZONING JURISDICTION AREAS

All territory which may hereafter be annexed to the city or any area placed under the extraterritorial zoning jurisdiction of the city shall be considered to be in the R-1 District, Single-Family Residence District / Conventional lots, until otherwise classified.

SECTION III. DISTRICT REGULATIONS

(A) GENERAL PROVISIONS

(1) Creation of Districts. For the purpose of this ordinance, the city and its zoning jurisdiction is divided into the following districts:

R-1 Districts: Single-Family Residence Districts/Conventional Lots

R-2 Districts: Single-Family Residence Districts/Small Lots

R-3 Districts: Multi-Family Residence Districts

B-1 Districts: Neighborhood Business Districts

B-2 Districts: General Business Districts

B-3 Districts: Central Business Districts

I-1 Districts: Light Industry Districts

I-2 Districts: Heavy Industry Districts

R-B Districts: Residence-Business Districts

FAR Districts: Floodway-Agricultural-Recreational Districts

R-D Districts: Redevelopment Districts

H-1 District: Florence Harbor District

(2) Districts and Other Regulations. The regulations relating to each type of district are set out in this section. Additional use, area, height, yard and other regulations applicable to particular or special situations are set out in Section IV, Supplementary Regulations, Section V, Multi-family Development Regulations, and Section V-100 Commercial Development Regulations. Other regulations applicable to particular uses or classes of use are set out in other sections of the ordinance.

(B) RESIDENCE DISTRICTS

(1) R-1 Districts: Single-Family Residence Districts/Conventional Lots.

 

These districts are composed mainly of areas containing single-family dwellings and open areas where such residential development seems likely to occur. The district regulations are designed to protect the residential character of the district by

prohibiting all commercial activities and to encourage a suitable neighborhood environment for family life; and to preserve the openness of the districts by requiring certain minimum yard and area standards to be met.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, the minimum building site area shall be:

For a single-family dwelling....................................... 10,000 sq. ft.

For any other permitted use....................................... 10,000 sq. ft.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be thirty-five (35) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed thirty-five (35) feet in height.

(e) Yards Required. Except as provided in Section IV, the minimum dimensions of yards shall be:

Front Yard.............................................................................30 feet

Side Yard.............................................................................. 8 feet

Rear Yard..............................................................................10 feet

(2) R-2 DISTRICTS: Single Family Residence District/Small Lots. These districts are composed mainly of areas in which the typical lot contains less than10,000 square feet. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities, and to encourage a suitable neighborhood environment for family life.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, the minimum building site area shall be:

For a one-family dwelling............................................... 7,200 sq. ft.

For any other permitted use..........................................10,000 sq. ft.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed forty-five (45) feet in height.

(e) Yards Required. Except as provided in Section IV, the minimum dimensions of yards shall be:

Front Yard......................................................................................25 feet

Side Yard........................................................................................ 8 feet

Rear Yard.......................................................................................10 feet

(3) R-3 DISTRICTS: Multi-Family Residence Districts.

These districts are composed mainly of areas supporting a mixture of single-family and multi-family dwellings and in which the typical lot contains less than 10,000 sq. ft. The district regulations are primarily designed to allow for controlled multi-family development by requiring certain minimum yard and open spaces for all buildings; and to avoid excessive population density by requiring a specific building site area for each dwelling unit; and to prohibit all commercial activities.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, Supplementary Regulations, the minimum building site area shall be:

For a single-family dwelling..................................... 7,200 sq. ft

For a multi-family dwelling

- first two units................................................ 8,000 sq. ft.

- for any additional dwelling unit............(per unit) 2,500 sq. ft.

- for any other permitted use........................ 10,000 sq. ft.

For developments intended for mixed-use occupancy, i.e., dwellings, church, day care, etc. 10,000 sq. ft. per use shall be added to the total building site area in addition to the above requirements for dwelling uses.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d) Building Height Limit. Except as provided in Section IV no structure shall exceed forty-five (45) feet in height.

(e) Yards Required. Except as provided in Section IV. Supplementary Regulations, Section V, Multi-Family Development Regulations and Section V-100, the minimum dimensions of yards shall be:

Front Yard......................................................................................... 25 feet

Side Yard.......................................................................................... 8 feet

Rear Yard......................................................................................... 10 feet

(C) BUSINESS DISTRICTS

(1) B-1 Districts: Neighborhood Business Districts.

 

These districts are composed of land and structures occupied by, or suitable for, uses furnishing the retail goods, such as groceries and drugs, and services, such as barbering and shoe repairing, to satisfy the daily household needs of the surrounding residential neighborhoods. Often located on a thoroughfare or near the intersection of two thoroughfares, these districts are small and within convenient distance of most of the areas they serve. The district regulations are designed to permit the development of the districts for their purpose and to protect the abutting and surrounding residential areas by requiring certain minimum yard, coverage and other standards to be met, standards that are comparable to those called for in the residence districts.

It is intended that additional Neighborhood Business Districts will be created, in accordance with the Amendment Procedure of this ordinance, as they are needed to

serve new residential areas. To insure that such new districts are actually developed to supply the business needs of the neighborhoods, the amendment creating the district may set time limits for its development.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, Supplementary Regulations and Section V-100, Commercial Development Regulations, the minimum required building site area shall be 5,000 square feet.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be fifty (50) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed fifty (50) feet in height.

(e) Yards Required. Except as provided in Section IV, Supplementary Regulations and Section V-100, Commercial Development Regulations, the minimum dimensions of yards shall be:

Front Yard..........25 feet (There are no minimum required side or rear yard)

(2) B-2 Districts: General Business Districts

These districts are composed of land and structures occupied by or suitable for uses furnishing, in addition to the retail goods and services supplied by the Neighborhood Business Districts, the wider range of retail goods and services required by residents of a group or community of neighborhoods and by the city generally. Usually located on a thoroughfare or highway or near the intersection of principal thoroughfares or highways, these districts are large and within convenient distance of the area they serve. The district regulations are designed to permit the development of the districts for their purpose in a spacious arrangement of uses and structures. To protect the abutting and surrounding residential areas, certain restrictions are placed on uses.

It is intended that additional General Business Districts will be created, in accordance with the Amendment Procedure of this ordinance, as they are needed to serve groups of new neighborhoods of the city generally. To insure that such new districts are actually developed to supply the business needs of the groups of neighborhoods or the city generally, the amendment creating the district may set a time limit for its development.

(a) Permitted Uses. See chart at end of this section.

(b) Building Site Area. There is no minimum required building site area with the exception of self-storage facility developments which require a minimum of two (2) acres.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be fifty (50) percent

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed fifty (50) feet.

(e) Yards Required. Except as provided in Section IV. Supplementary Regulations, no yards are required.

(3) B-3 District: Central Business District.

This district is composed of land and structures occupied by or suitable for uses furnishing the wide range of retail goods and services required by residents of the metropolitan area and of the trade area. Located at the convergence of the principal thoroughfares and highways, as well as transit lines, the Central Business District is the focus of commerce and administrative business activities of the trade area. The district regulations are designed to permit the further development of the district for its purpose in a compact and convenient arrangement of uses and structures that is highly urban in character.

(a) Permitted Uses. See chart at end of this section.

(b) Building Site Area. There is no minimum required building site area.

(c) Building Site Coverage. No limit.

(d) Building Height Limit. Except as provided in Section IV, Supplementary Regulations, no structure shall exceed one hundred (100) feet in height.

(e) Yards Required. Except as provided in Section IV. Supplementary Regulations, no yards are required.

(D) INDUSTRIAL DISTRICTS

(1) I-1 Districts: Light Industrial District.

These districts are composed of land and structures occupied by, or suitable for, light manufacturing, wholesaling and similar uses. Located for convenient access from existing and future arterial thoroughfares, highways and railway lines, these districts are usually separated from residential areas by business districts or by natural barriers. The district regulations are designed to permit a range of light industrial activities subject to limitations intended to protect nearby residential and business districts.

(a) Permitted Uses. See chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, the minimum building site area shall be ten thousand (10,000) square feet.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be seventy-five (75) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed fifty (50) feet in height.

(e) Yards Required. Except as provided in Section IV, the minimum dimensions of yards shall be:

Front Yard................................................................. 25 feet

(There are no minimum required side or rear yards)

(2) I-2 Districts: Heavy Industrial District.

These districts are composed of land and structures occupied by, or suitable for, heavy manufacturing and related activities. Located for convenient access from existing and future arterial thoroughfares, highways, railway lines or waterways, these districts are usually separated from residential areas by business or light industry areas or by natural barriers; where they are adjacent to residential areas some type of artificial separation may be required. The district regulations are designed to permit the development of the districts for their purpose, including almost any industrial uses, but subject to conditions necessary for the mutual protection of the uses and the city generally.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as permitted in Section IV, the minimum building site area shall be 10,000 square feet.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be seventy-five (75) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed one hundred (100) feet in height.

(e) Yards Required. Except as provided in Section IV, the minimum dimensions of yards shall be:

Front Yard...............................................................................25 feet

(There are no minimum required side or rear yards)

 

(E) SPECIAL DISTRICTS:

(1) R-B Districts: Residence-Business District.

These districts are composed of areas containing a mixture of residential, public and semi-public and light commercial uses. Although usually located between residential areas and business areas, these districts are in some instances freestanding and may include hospital, college or similar building groups and related uses or land suitable for such uses. The district regulations are designed to encourage further appropriate development by limiting the permitted uses to dwellings and uses of a public, semi-public or light commercial nature and to protect the abutting and surrounding residential areas by requiring certain minimum yard, area and other standards to be met, standards that are comparable to those called for in the residence districts.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, Supplementary Regulations and Section V-100, Commercial Development Regulations, the minimum building site area shall be:

For a single-family dwelling.............................................. 7,200 sq. ft.

For a multiple-family dwelling

- First two dwelling units............................................... 8,000 sq. ft.

- Any additional dwelling unit..............................(per unit) 2,500 sq. ft.

For any other permitted use............................................. 10,000 sq. ft.

For developments intended for mixed-use occupancy, 10,000 sq. ft. per use

shall be added to the total building site area in addition to the above requirements for dwelling uses.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent

(d) Building Height Limit. Except as required in Section IV, Supplementary Regulations, no structure shall exceed thirty-five (35) feet.

(e) Yards Required. Except as provided in Section IV, Supplementary Regulations, Section V, Multi-Family Development Regulations, and Section V-100, Commercial Development Regulations, the minimum dimensions of yards shall be:

Front Yard................................................................... 25 feet

Side Yard.................................................................... 8 feet

Rear Yard.................................................................... 10 feet

(2) FAR Districts: Floodway-Agricultural-Recreational District.

These districts are composed of land that is used for, or is suitable for, agriculture, forestry, recreational or other open space activities. Although usually characterized by terrain that is subject to flood or that is steep or otherwise unsuitable for building development, these districts may in some instances include land that is buildable but that should be retained as open space. The district regulations are designed to encourage the retention of the land as open space and to prohibit its use for purposes that would be hazardous to life and structures because of flooding.

(a) Permitted Uses. See Chart at end of this section.

(b) Building Site Area. Except as provided in Section IV, the minimum building site area shall be 10,000 square feet.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be thirty-five (35) percent.

(d) Building Height Limit. Except as provided in Section IV, no structure shall exceed thirty-five (35) feet in height.

(e) Yards Required. Except as provided in Section iv, the minimum dimensions of yards shall be:

Front Yard......................................................................... 30 feet

Side Yard.......................................................................... 8 feet

Rear Yard............................................................................. 10 feet

(3) R-D Districts: Redevelopment Districts

This zone may be adopted by recommendation of the Planning Commission to the City Council for safeguarding existing zone(s) against deleterious development during the formulation of development or redevelopment plan for a specific district of portion of a designated district. The function of the R-D zone is to overlay existing zone(s) of the development district and restrict the use(s) to specific use(s) in the existing zone which are determined not to be in conflict with the objectives of the development or redevelopment program during the planning period prior to the adoption of the development plan.

Determination of restrictive use(s) permitted during this period shall be recommended to the City Council by the Planning Commission at the same time the R-D zone designation is recommended. The only exception from the use(s) which have been enacted shall be through submission of additional development plans or zones for Planning Approval by the Planning Commission during the effective period of the R-D zoning.

Action to initiate development or redevelopment of a district shall be initiated by the Planning Commission after consideration and determination in accordance with powers and duties stipulated in Section 11-52-6, 11-52-7 and 11-52-70 Code Alabama.

The R-D zone shall be in effect from the time of designation of a development district by the Planning Commission until disposal of by City Council adopting, amending or rejecting the adoption of said plan, provided; however, that there is evidence that the planning process is continuous and without undue interruption. At such time as the planning program may be abandoned or becomes inactive for an unreasonable period of time, the R-D zone shall be extinguished and use(s) reverted to their previous status.

(4) H-1 District: Florence Harbor District

This district is intended to guide land use in a way that recognizes the waterfront's value as a natural resource and celebrates its diversity, and to offer the citizens of Florence and surrounding areas access to a lively mix of waterside activities; The district is composed of land and structures occupied, or suitable for, uses that will enhance the development of the Florence Harbor and the McFarland Park area, and revitalize property where land uses have recently changed or where vacant and under-utilized properties suggest potential for beneficial change. The ultimate goal of the establishment of the Florence Harbor District is the elimination of existing undesirable land uses and conditions with regard to such things as, but not limited to, outdoor storage, off-site advertising, portable signs, highway oriented commercial development and industrial oriented uses, and to create an attractive riverfront area as a focal point and activity center for the citizens of Florence and the surrounding region.

(a) Permitted Uses. See chart at the end of this section

(b) Building Site Area. The minimum building site area shall be ten thousand (10,000) square feet.

(c) Building Site Coverage. The maximum building site coverage by all buildings shall be forty five (45) percent.

(d) Building Height Limit. Except as provided in Section IV, Supplementary Regulations no structure shall exceed thirty-five (35) feet in height.

(e) Yards Required.: Front Yard - 25 feet

Side Yard - 8 feet

Rear Yard - 10 feet

(F) CHART OF PERMITTED USES

(1) Conditions Governing Permitted Uses. Permitted uses shall be governed by conditions set out in the three (3) categories following:

(a) Uses by Right. The uses listed below are permitted subject to the conditions specified. (R)

(b) Uses Requiring Planning Approval. The uses listed below are permitted upon approval of location and the site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located. (P)

(c) Special Exception Uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the Board of Zoning Adjustment in accordance with the provisions of Section VII governing Special Exceptions. (X)

(d) Enclosure of Uses. Every use in any district, except an 1-1 or 1-2 Districts, shall be conducted entirely within an enclosed structure unless expressly exempted from enclosure requirements.

(2) Schedules of Uses. The uses permitted in each of the types of districts are as follows:

(R) Uses permitted by right.

(P) Uses permitted by planning approval.

(X) Uses permitted by special exception.

(*) Need not be conducted entirely within a completely enclosed structure.

(a) R-I Districts: Single-Family Residence District / Conventional Lots

RESIDENTIAL:

Dwelling, one-family (R)

Home Occupation (X)

SERVICES:

*Cemetery (P)

Church: Including educational and accessory buildings and parking areas (P)

Fire Station (P)

Nursery, Day care, or Kindergarten (X)

Parochial and / or private schools (P)

Public Schools, elementary and / or secondary (P)

CULTURAL / ENTERTAINMENT / RECREATION:

*Park or playground, Public (R)

TRANSPORTATION / COMMUNICATION / UTILITIES:

*Electric substation: See specified conditions, Section IV (P)

Gas regulator station (P)

Parking, shared and off-premises (P)

*Pipeline or electric transmission line: rights-of-way for pipelines or electric transmission lines of forty-four (44) kv potential and above, over or across private property (P)

*Railroad right-of-way: But not including shops, yards, team tracks (P)

*Waterstorage(P) Water or sewage pumping station (P)

OTHER:

Accessory use (R)

(b) R-2 Districts: Single-Family Residence Districts / Small Lots.

RESIDENTIAL:

Dwelling, single family (R)

Bed and Breakfast Inn (P)

Home occupation (X)

SERVICES:

*Cemetery (P)

Church: Including educational and accessory buildings and parking areas (P)

Fire station (P)

Nursery, day care or kindergarten (X)

Parochial and / or private schools (P)

Public schools, elementary and/or secondary (P)

CULTURAL / ENTERTAINMENT / RECREATION:

Art gallery or museum (P)

*Golf course: But not including commercial miniature courses or commercial driving ranges (P)

Library or reading room (P)

*Park or playground, public (R)

Recreation center, public (P)

TRANSPORTATION / COMMUNICATION / UTILITIES:

*Electric substation: See specified conditions, Section IV (P)

Gas regulator station (P)

Parking, shared and off-premises (P)

*Pipeline or electric transmission line: Rights-of-way for pipelines or electric transmission lines of Forty-four (44) kv potential and above over and across private property (P)

*Railroad right-of-way: But not including shops, yards, team tracks (P)

*Water storage (P)

Water or sewage pumping station (P)

OTHER:

Accessory use (R)

(c) R-3 Districts: Multi-Family Residence Districts.

RESIDENTIAL:

Apartment complex (R)

Dwelling, single-family (R)

Home occupation (X)

Mobile home park: Mobile home parks shall conform to the Mobile Home Park Subdivision Regulations as outlined in Appendix B of the Code of the City of Florence (P)

Rooming or boarding house (R)

SERVICES:

*Cemetery (P)

Church: Including educational and accessory buildings and parking areas (P)

Fire station (P)

Nursery, day care or kindergarten (X)

Parochial and/or private schools (P)

Public schools, elementary and/or secondary (P)

CULTURAL/ENTERTAINMENT/RECREATION:

Art gallery or museum (P)

*Golf course: But not including commercial miniature courses or commercial driving ranges (P)

Library or reading room (P)

*Park or playground, public (R)

Recreation center, public (P)

TRANSPORTATION/COMMUNICATION/UTILITIES:

*Electric substation: See landscaping requirements, Section IV (P)

Gas regulator station (P)

Parking, shared and off-premises (P)

*Pipeline or electric transmission lines: Rights-of-way for pipelines or electric transmission lines of forty-four (44) kv potential and above, over and across private property (P)

*Railroad right-of-way: But not including shops, yards, and team tracks (P)

*Water storage (P)

Water or sewage pumping station (P)

OTHER:

Accessory use (R)

(d) R-B Districts: Residence - Business Districts.

RESIDENTIAL:

Apartment complex (P)

Fraternity house (P)

Dwelling, single-family (R)

Home occupation (X)

Residence hall, dormitories (R)

Rooming or boarding house (R)

Sorority House (P)

RETAIL AND WHOLESALE TRADE:

Antique store, retail (R)

Bookstore (R)

Camera and photographic supplies (R)

Clothing, wearing apparel and accessories, retail (R)

Delicatessen (R)

Floral shop (R)

Gift shop (R)

Hobby supply store (R)

Home Medical Equipment rental and retail ( including, but not limited to, oxygen and respiratory therapy equipment, wheelchairs, hospital beds, ambulatory aids, etc.) (R)

Music store (R)

Pharmacy (R)

Restaurant, conventional (P) (nonalcoholic)

SERVICES:

Bank (R)

Barber or beauty shop (R)

Church: Including educational and accessory buildings and parking areas (P)

College student center (P)

Fire station (P)

Funeral home or mortuary (P)

Interior decorating shop (R)

Nursery, day care or kindergarten (X)

Office (R)

Parochial and or private schools (P)

Photographic studio (R)

Public schools, elementary and or secondary (P)

Studio for dance or music (R)

University, College, Schools of higher learning (P)

CULTURAL / ENTERTAINMENT / RECREATION:

Art gallery or museum (R)

Club or lodge, private (R)

Library or reading room (R)

Park or playground, public (R)

Recreation center, public (R)

Studio for professional work or teaching (R)

Theater, indoor (R)

TRANSPORTATION / COMMUNICATION/UTILITIES:

*Electric substation: See specified conditions, Section IV (P)

Gas regulator station (P)

Parking, shared and off-premises (P)

*Pipeline or electric transmission line: Rights-of-way for pipelines or electric transmission lines of Forty-four (44) kv potential and above over and across private property (P)

Railroad right-of-way: But not including shops, yards, team tracks (P)

Water stor