§ 11-2. Definitions of commonly used terms and words.
11-2-1. Accessory use or structure: A use or structure on the same lot with, and of nature customarily incidental or subordinate to, the principal use or structure.
11-2-2. Administrative officer: The person appointed by the governing body to enforce all provisions of the zoning ordinance.
11-2-3. Alley: A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
11-2-4. Alteration.
(a)
Any addition to the height or depth of a building or structure.
(b)
Any change in the location of any of the exterior walls of a building or structure.
(c)
Any increase in the interior accommodations of a building or structure.
In addition to the foregoing, a building or structure shall be classified as altered when it is repaired, renovated, remodeled or rebuilt at a cost in excess of five hundred dollars ($500.00) or when such repairs, renovation, remodeling or rebuilding changes the character of the structure.
11-2-5. Boarding house: A building other than a hotel, cafe or restaurant where, for compensation, meals are provided for three (3) or more persons.
11-2-6. Buffer strip: A buffer strip consists of either (a) an opaque fence of at least ten (10) feet in height, or (b) a planting strip at least ten (10) feet in width, composed of evergreen trees of at least four (4) feet in height and spaced not more than ten (10) feet apart, and not less than one row of dense shrubs of at least four (4) feet in height spaced not more than five (5) feet apart, all being maintained in a healthy growing condition by the property owner.
11-2-7. Buildable area: The portion of a lot remaining after required yards have been provided.
11-2-8. Building: Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or chattels.
11-2-9. Building, accessory: A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
11-2-10. Building area: The portion of the lot occupied by the main building, including porches, carports, accessory buildings, and other structures.
11-2-11. Building, height of: The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
11-2-12. Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.
11-2-13. Building setback line: A line parallel to the property line in front of which no structure may be erected.
11-2-14. Conditional use: A conditional use is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as conditional uses [use] is made in this zoning ordinance.
11-2-15. District: Any section of the City of Albertville in which zoning regulations are uniform.
11-2-16. Dwelling: A house, apartment building or other [structure] designed or used primarily for human habitation. The word "dwelling" shall not include boarding or rooming houses, motels, hotels or other structures designed for transient residence.
11-2-17. Dwelling, single-family: A building arranged to be occupied by one family, the structure having only one dwelling unit.
11-2-18. Dwelling, two-family: A building arranged to be occupied by two (2) families living independently of each other, the structure having two (2) dwelling units.
11-2-19. Dwelling, multiple-family: A building arranged to be occupied by three (3) or more families living independently of each other.
11-2-20. Dwelling unit: A building, or portion thereof, designed, arranged and/or used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.
11-2-21. Home occupation: An occupation conducted in a dwelling unit provided that:
(a)
No person other than immediate members of the family residing on the premises shall be engaged in such occupation;
(b)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) per cent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
(c)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square feet in area, nonilluminated, and mounted flat against the wall of the principal building;
(d)
No home occupation shall be conducted in any accessory building;
(e)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard or side yard.
11-2-22. Junkyard: The use of more than six hundred (600) square feet of any lot or tract for the outdoor storage and/or sale of waste paper, rags, scrap metal, or other junk, and including storage of motor vehicles and dismantling of such vehicles or machinery.
11-2-23. Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
11-2-24. Lot: A portion of a subdivision or any parcel of land intended as a unit for transfer of ownership or for development, or both. The word "lot" includes the word "plot" or "parcel."
11-2-25. Lot, corner: A lot which occupies the interior angle at the intersection of two (2) street lines. The street line forming the least frontage shall be deemed the front of the lot except where the two (2) street lines are equal, in which case the owner shall be required to specify which is the front.
11-2-26. Lot, depth: The depth of a lot is the mean distance of the side lines of the lot measured from the midpoint of the front lot line to the midpoint of the rear lot line.
11-2-27. Lot of record: A lot which is part of a subdivision, a plat of which has been recorded in the office of the probate judge of Marshall County, or a lot described by metes and bounds, the description of which has been so recorded.
11-2-28. Lot width: The distance between side lot lines measured at the building setback line.
11-2-29. Mobile home: A single-family dwelling unit constructed on a chassis and which has been so designed that it may be occupied and used with or without a permanent foundation. It is intended for year-round occupancy and is equipped with appliances and electrical and sanitary systems that function independently of auxiliary facilities so that only simple utility connections are needed. A mobile home unit may have collapsing or telescoping parts that can be expanded, or consist of two (2) separate units joined at the site into a single home (double-wide). Removal of wheels or chassis and placing such a structure on the ground, piers or other foundation shall not remove such a unit from this definition.
11-2-30. Mobile home park: A parcel of land under single ownership, designed, maintained, intended or used for the purpose of supplying a location or accommodations for two (2) or more mobile homes for nontransient use. This definition shall not include mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.
11-2-31. Nonconforming use: A legal use of a building and/or land that antedates the adoption or future amendment of these regulations and does not conform to the regulations for the district in which it is located.
11-2-32. Open storage: Unroofed storage areas, whether fenced or not.
11-2-33. Planned unit development: A tract of land under single, corporation, firm, partnership or association ownership, planned and developed as an integral unit, in a single development operation or a definitely programmed series of development operations and according to an approved development plan.
11-2-34. Parking space: A storage space of not less than ten (10) feet by twenty (20) feet for one automobile, plus the necessary access space. It shall always be located outside the street right-of-way and required side yards.
11-2-35. Rooming house: Any building or portion thereof which contains not less than three (3) or more than nine (9) guest rooms which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation whether paid directly or indirectly.
11-2-36. Sign: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however that the following shall not be included in the application of the regulations herein:
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
Flags and insignia of any government except when displayed in connection with commercial promotion;
Legal notices; identification, informational, or directional signs erected or required by governmental bodies;
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
11-2-37. Stand: An area within the mobile home park which has been improved for a single mobile home as provided in this ordinance.
11-2-38. Street: A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting property.
11-2-39. Street line: The dividing line between a right-of-way and the contiguous property.
11-2-40. Structure: Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including buildings and signs.
11-2-41. Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area and size structure or size of yards and opens spaces.
11-2-42. Yard: An open space, on the lot with the main building, left open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this ordinance.
11-2-43. Front yard: The yard extending across the entire width of the lot between the main building including covered porches, and the front lot line, or if an official future street right-of-way line has been established, between the main building, including covered porches and the right-of-way line.
11-244. Rear yard: The yard extending across the entire width of the lot between the main building including covered porches and the rear lot line.
11-2-45. Side yard: The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line.
11-2-46. Planning controls division. Consists of the city engineer and the city inspector.
11-2-47. Livable floor area. The livable floor area for all residential uses shall be the area of the first floor plus the area of the floors next above, and the area under the sloping roof having a minimum ceiling height of six (6) feet. Garage floor area, basements, decks, porches, patios and terraces and carport floor area are not livable floor area.
(Ord. No. 1351, § 4, 2-6-86; Ord. No. 1478, § 8, 11-2-87; Ord. No. 516-02, § 4, 5-20-02)