§ 9. General Provisions Applicable To All Districts  


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  • SECTION 9. - GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS

    1. Uses permitted.

    a. Temporary field office or work shed to be used while a commercial or industrial building is being repaired, remodeled, or initially constructed. All such temporary structures shall be removed within fifteen (15) days after the contract completion date.

    b. The following uses are permitted subject to the approval of the zoning board of adjustment: Electrical transformer stations, gas regulator stations, sewage and water treatment plants and pumping stations, and standpipes for public water supply, provided however, the location of the facility in any residential zone shall comply with the following requirements.

    1) the facility is essential to the immediate area or for the proper functioning of the total utility system of which the above element is a part;

    2) all buildings, or structures, except enclosing fences, shall be set back at least fifty (50) feet from all property lines;

    3) the facility is enclosed by a protective fence of adequate height;

    4) all open spaces on the premises are suitably landscaped and maintained;

    5) storage of vehicles and equipment on the premises shall be prohibited;

    6) the surrounding area shall not be adversely affected but shall be protected from noise, odor, glare, dust, fumes, gas, smoke, and vibration by such suitable means and conditions as the zoning board of adjustment may specify.

    2. Off-street automobile storage. In each zoning district each structure shall be provided with off-street vehicle storage and parking facilities in accordance with the following:

    a. In determining the number of parking spaces required, if such spaces result in fractional parts thereof, the number of spaces required shall be construed to be the next highest whole number.

    b. Whenever a use is increased in floor area or units of service or whatever least used, additional parking spaces shall be provided in amount hereafter specified for the use, if the existing parking space is inadequate to serve the increased activity.

    c. Off-street parking facilities for one- and two-family dwellings shall be located on the same lot or plot of ground as the building served.

    d. Off-street parking facilities for multi-family dwellings containing up to and including eight (8) dwelling units shall be provided on the same lot or plot of ground as the building served.

    e. Off-street parking facilities for multi-family dwellings containing more than eight (8) dwelling units may be located within three hundred (300) feet of the building intended to be served.

    f. Off-street parking facilities for an industry or commercial establishment which employs two hundred fifty (250) or more employees may be located within three hundred (300) feet of the building or buildings to be served, and a distance greater than three hundred (300) feet upon recommendation of the planning commission and approval of the mayor and city commission.

    g. Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.

    h. The off-street parking requirements of one or a number of establishments, can also be met through the provision of the total number of required spaces in an off-street parking lot or structure located not more than five hundred (500) feet from any of the establishments it is designed to serve. Also, the distance requirement shall be measured along sidewalks and pedestrian walks; not across country.

    i. Off-street parking requirements for uses not specifically mentioned herein shall be the same as those required for uses of a similar or related nature.

    j. Parking lots or areas adjacent to public streets shall have driveways or curb cuts not to exceed twenty-five (25) feet in width at the curbline. All such lots or areas shall have a protective wall or bumper block at least five (5) feet from any sidewalk line, and said lots shall be so designed that all vehicles leaving the facility will be traveling forward when entering a street, alley, or public thoroughfare.

    k. Driveway entrances and exits of a parking area shall not be computed as a part of the required parking area.

    l. B-3 Central Business District, as shown on the official zoning map, is exempt from these off-street parking requirements.

    3. Required number of spaces. Parking facilities or spaces shall be determined according to the following requirements, and the amount of parking facilities needed shall be designated for such use:

    Required Parking Spaces
    a. RESIDENTIAL
    One- and two-family dwelling units Two (2) parking spaces for each dwelling unit
    Multi-family dwelling units Two (2) parking spaces for each dwelling unit
    b.  NONRESIDENTIAL
    Tourist homes, cabins or motels One (1) parking space for each sleeping room or suite, and one (1) parking space for each two (2) employees
    Hospitals, sanitoriums, convalescent homes and homes for the aged or other similar uses One (1) parking space for each three (3) beds, plus one (1) space for each two (2) employees.
    Hotels One (1) parking space for each two (2) guest sleeping rooms, plus one (1) space for each two (2) employees
    Private clubs, fraternities and boarding and lodging houses One (1) parking space for each two (2) guest sleeping rooms, or in the case where no sleeping rooms are provided, one (1) parking space for each hundred (100) square feet of floor space
    Community centers, libraries, museums, post offices, civic clubs and other similar uses Two (2) parking spaces for each one hundred (100) square feet of floor space, plus one (1) space for each employee
    Theaters and auditoriums (other than facilities incidental to schools) One (1) parking space for each four (4) seats (based on eighteen (18) inch seat width), plus one (1) additional space for each two (2) employees
    Churches and schools One (1) parking space for each four (4) seats in the principal auditorium, or one (1) space for each seventeen (17) classroom seats, whichever is greater plus one (1) space for each employee or teacher. Also, one (1) space eight hundred (800) feet square for each school bus
    Dance halls, recreation halls, and exhibition halls without fixed seats Two (2) parking spaces for each eighty (80) square feet of floor space used for dancing or assembly plus one (1) space for each employee
    Stadiums and sports arenas One (1) parking space for each three (3) seats, plus one (1) space for each two (2) employees.
    Bowling establishments Five (5) parking spaces for each lane, plus one (1) space for each three (3) spectator seats; also, one (1) space for each two (2) employees
    Mortuaries or funeral homes One (1) parking space for each fifty (50) square feet of floor area in slumber rooms, parlors and individual funeral service rooms, plus one (1) space for each two (2) employees
    Establishments for the sale and consumption on the premises of food, alcoholic beverages, or refreshments One (1) parking space for each three (3) seats and one (1) space for each two (2) employees, or one (1) parking space for each fifty (50) square feet of floor space, whichever is greater
    Professional offices and office buildings One (1) parking space for each two hundred fifty (250) square feet of gross floor space
    Beauty parlors and barber shops Two (2) parking spaces for each bar-and/or beauty shop operator, plus one (1) space for each two (2) employees
    All retail stores, except as otherwise specified herein Neighborhood commercial, central business district, and general commercial uses shall provide one (1) parking space for each two hundred (200) square feet of gross retail floor space, and one (1) parking space for each two (2) employees
    Industrial establishments, including manufacturing, research and testing laboratories One (1) parking space for each one and one-half (1½) employees on the maximum shift
    Warehouses and storage buildings One (1) parking space for each six hundred (600) square feet of floor area, one (1) space for each employee, and one (1) eight hundred (800) square foot loading space for every four thousand (4,000) square feet of floor space

    4. Measurement of area. For the purposes of this section "floor area" shall mean the gross floor area of all floors of a building or an addition to an existing building. The total parking area includes access drives within the actual parking area.

    5. Existing parking. Any building which meets the parking requirements of this ordinance on the effective date hereof or at subsequent time, shall continue to comply fully with all requirements thereof. Any existing building which partially meets the requirements of this ordinance on the effective date thereof or any subsequent time shall thereafter continue to comply as nearly with these requirements as the highest degree of compliance reached.

    6. General. No off-street parking required for a building or structure shall during its life be occupied by or counted as off-street parking for another building or structure, but may be counted as yard space.

    7. Design. No parking space shall be so designed as to require the vehicle parked therein to back onto a public street, with the exception of single family and two-family residences.

    8. Surfacing. All parking areas shall be surfaced according to the City of Tuscumbia specifications. (Ord. of 10-6-81)

    9. Special regulations for commercial, industrial, mobile home and multi-family districts.

    a. Any vehicle parking space shall be used for parking purposes only. Any other use of such space, including repair work or servicing of any kind, or the requirement of any payment for the use of such space, shall be deemed to constitute a separate commercial use, and to be in violation of this ordinance.

    b. No building or accessory structure shall be erected in any off-street parking area, except a parking garage containing parking spaces equal to the requirements set forth by this ordinance.

    c. The parking areas designated in this ordinance shall be considered as required open space on the lot, and shall not be reduced or encroached upon in any manner.

    d. In all zoning districts, a minimum area of two hundred (200) square feet shall be used in computing the area required for each vehicle parking space. (Ord. of 10-6-81)

    10. Loading space requirements. On the same premises with every building, structure, or part thereof erected and occupied for manufacturing, storage, warehousing, goods display, department store, wholesale store, hotel, hospital, mortuary, laundry, dry cleaning, grocery, or other uses similarly involving the receipt or distribution of materials or merchandise, there shall be provided and maintained on the lot or premises adequate space for standing, loading and unloading facilities in order to avoid undue interference with public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten (10) by fifty (50) foot loading space (with a minimum height clearance of fourteen (14) feet) for every ten thousand (10,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor space.

    11. Future street lines. Future street lines established by a duly adopted "thoroughfare plan" shall be used to determine the minimum required yards, lot area, lot width and building area of any lot existing at the time the plan is adopted.

    12. Abatement of noise, smoke, gas, vibration, fumes, dust, fire and explosion hazard or nuisance. The zoning board of adjustment may require the conduct of any use, conforming or nonconforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort and convenience. The board of adjustment may direct the building inspector to issue an abatement order, but such order may be directed only after a public hearing by said board, notice of which shall be sent by registered mail to the owners and/or operators of the property on which the use is conducted in addition to due notice of advertisement in a newspaper of general circulation. A hearing to consider issuance of an abatement order shall be held by the board of adjustment either upon petition by any persons affected by the hazard or nuisance, or upon the initiative of reasonable evidence of hazard or nuisance and such order shall specify the date by which such hazard or nuisance shall be abated.

    13. Front yard setbacks. Where a new structure is to be built between two (2) existing structures not conforming to required front yard setbacks, the board of adjustment shall rule.

    14. Advertising signs and structures. In all districts other than residential districts, where front yard or setback requirements are required, outdoor advertising structures may be placed within such front yard or setback area of a place of business subject to the following terms and conditions:

    a. Said structure must be used primarily for the purposes of identifying the place of business at that location.

    b. No such structure shall be placed between four (4) feet and ten (10) feet above street level.

    c. No such structure shall be placed in intersections or locations which would obstruct the view of intersecting traffic.

    d. No such structure exceeding in size fifty (50) square feet exclusive of necessary structural support, shall be placed within ten (10) feet of the front lot line or street right-of-way.

    15. Group housing projects. In case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground at least four (4) acres not subdivided into the customary streets and lots and not to be so subdivided or where existing or contemplated street and lot layout make it impracticable to apply the requirements of this ordinance to the individual buildings in such housing projects, the application of such requirements to such housing projects shall be done by the board of zoning adjustment with the advice of the planning commission, in a manner that will be in harmony with the character of occupancy, a density of land use no higher and a standard of open space at least as high as required by this ordinance in the district in which the proposed project is to be located, and will provide layout design and public utilities in harmony with the general requirements and minimum standards of design of the subdivision regulations of the municipality.

    In no case shall the board of zoning adjustment authorize a use or a building height or building area prohibited in the district in which the housing project is to be located.

(Ord. of 12-1-81, § 1)

(Ord. No. A-241, 3-10-2003)