§ 4.2. Words and terms defined.

As used in this Ordinance, the following words and terms shall have the meaning defined:

Abutting/Contiguous. Any property that is immediately adjacent to, touching, or immediately across any road or public right-of-way from the property in question.

Accessory Building. A subordinate building, the use of which is incidental to that of the dominant use of the main building or land.

Accessory Use. A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.

Alley. A public street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration, Altered. These terms shall include any changes in structural parts, stairways, type of construction, kind of class of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the Building Code or this Ordinance, including extension or expansion, except for minor changes or repairs not involving the aforesaid features.

Antenna Support Structure. Any building or other structure forty-five (45) feet in height or taller and which complies with the maximum height allowed in the district in which it is located, other than a tower which can be used for location of Telecommunications Facilities.

Arterial Street. A street designed or utilized primarily for high speed vehicular movements and heavy volumes of traffic.

Atrium. An open area within a building surrounded on all four sides by the building walls and open and unobstructed from the first floor level to the roof or sky except as otherwise provided in this Ordinance.

Automobile Repair. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.

Automobile Wrecking. The dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Awning. A detachable framework covered by cloth or other light materials, supported from the walls of a building for protection from sun or weather.

Basement. A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.

Bed and Breakfast. The renting of rooms in a private residence for brief periods of time together with the provision of breakfast for the guests by the homeowner. All service is to be provided by the home owner.

Block. A tract of land bounded by public highways, streets, or by shorelines, waterways or other definite boundaries.

Board of Adjustment. A Board shall be appointed by the City Council that hears appeals to this Ordinance.

Boardinghouse, Roominghouse, Lodginghouse, or Dormitory. A building or part thereof, other than a hotel, motel, or restaurant, where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in individual rooms.

Building. Any structure attached to the ground and intended for shelter, housing, or enclosure for persons, animals, or chattels.

Building, Alterations of. Any change in the supporting members of a building (such as bearing walls, beams, columns, and girders) except such change as may be required for its safety; any addition to a building; any changes in use resulting from moving a building from one location to another.

Building Coverage. The percent of total lot area covered by buildings and structures but excluding roof overhangs, unenclosed balconies and unenclosed walkways which do not project more than six (6) feet from the exterior walls of a building or from walls enclosing an atrium.

Building Height. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.

Building Inspector. Individual appointed by the City to carry out the duties and enforcement required by the Zoning Ordinance, Subdivision Regulations, and the Building Code. May be used interchangeably with Building Official, Zoning Enforcement Officer, Zoning Administrator and Code Enforcement Officer.

Building Line. (See Setback Line.)

Building Official. Individual appointed by the City to carry out the duties and enforcement required by the Zoning Ordinance, Subdivision Regulations, and the Building Code. May be used interchangeably with Building Inspector, Zoning Enforcement Officer, Zoning Administrator and Code Enforcement Officer.

Building, Principal. A building in which is conducted the main or principal use of the lot on which said building is situated.

Bulk. Height and percentage of land coverage of a building.

Camouflage, Any Tower or Telecommunications Facility. To minimize a visual impact and to blend into the surrounding environment.

Canopy. A detachable, rooflike cover supported from the ground, or deck or floor of a building, and from the walls of a building for protection from sun or weather.

Cemetery. Land used or intended to be used for the burial of the human and animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.

Certificate of Occupancy. Official certification that a premises conforms to provisions of the Zoning Ordinance and Building Code, and may be used or occupied. Such certificate is granted for new construction or for the substantial alteration or additions to existing structures. A structure may not be occupied unless such certificate is issued by the Building Official.

Change of Occupancy. The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Channel. A natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.

City. Atmore, Alabama.

Clinic. A place used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical or surgical attention, but who are not provided with board.

Club. A building or portion thereof or premises owned or operated for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.

Club, Private. Any association or organization of a fraternal or social character not operated or maintained for profit; does not include casinos, nightclubs, or other institutions operated for a profit.

Collector Street. A street which carries medium volumes of traffic collected primarily from minor streets and delivered to arterial streets.

Commercial Message. A sign, wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

Commercial Vehicle. Any vehicle designed and used for transportation of people, goods, or things, other than private passenger vehicles and trailers for private nonprofit transport of goods and boats.

Comprehensive Plan. A land management program.

Condominium. A development where all land, including that under the buildings in the development, is held in single ownership for the common use of unit owners or tenants; also a living unit within such a development.

Convalescent or Nursing Home. A building, or portion thereof, wherein for compensation, living accommodations and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital other than a mental hospital; includes Extended Care Facilities.

Day Care Center. A place for the day care and instruction of young or elderly persons not remaining overnight.

Deck. A flat covered or uncovered area generally adjoining a house, building or pool, and which may be used as an outdoor sitting or recreation area.

Density. A unit of measurement; the number of dwelling units per acre of land.

Gross Density - the number of dwelling units per acre of the total land to be developed.

Maximum Density - the density allowable in a given zoning district not otherwise limited by other applicable requirements of this Ordinance.

Net Density - the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.

Detention Basin/Pond. A facility for the temporary storage of stormwater runoff.

a.

Detention basins or ponds differ from retention basins in that the water storage is only temporary, often released by mechanical means at such time as downstream facilities can handle the flow. Basins are generally designed to regulate the rate of flow to pre-development conditions. Usually, the basins are planted with grass and, if large enough, can be used for open space or recreation in periods of dry weather. Basins also serve to recharge groundwater.

Development. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

District. A section of the area zoned, within which the zoning regulations are uniform.

Drive-In Restaurant. A restaurant or public eating business so conducted that food, meals or refreshments are brought to the motor vehicles for consumption by the customer or patron.

Dry Well. A cavity of sufficient size, filled to the surface with compacted rocks to allow water storage capacity.

Dwelling. A building or portion thereof designed or used exclusively for residential occupancy.

Multiple-Family - a building designed for or occupied by three or more families, with separate cooking and housekeeping facilities for each.

Dwelling Unit. Any building, portion thereof, or other enclosed space or area used as or intended for use as the home of one family, with separate cooking and housekeeping facilities, either permanently or temporarily.

Single-Family - a detached building designed for and occupied by one family as a home, with cooking and housekeeping facilities.

Two-Family - a single building occupied by or designed for occupancy by two families only, with separate cooking and housekeeping facilities for each, separated by a common wall and sharing a common roof and foundation.

Double Frontage or Through Lot. A lot or plot, but not a corner lot that abuts upon two streets, the two frontages being noncontiguous.

Easement. A grant by a property owner of the use of land for a specific purpose or purposes by the general public, or a corporation or a certain person or persons.

Erected. The word "erected" includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered a part of erection.

Essential Services. Public utility facilities related to water, stormwater sewers, sanitary sewers, solid waste disposal, telephone, cable television, gas and electrical collection or distribution systems serving the City; but not including buildings housing employees, or public safety facilities such as fire and/or police stations.

Establishment. A business, nonprofit organization or other entity that operates from a fixed premises in the city. In a multi-tenant property, each entity that has a separate business license from the City of Atmore or a separate employer identification number from the State of Alabama shall be considered a separate establishment.

Excavation. Any mechanical removal of rock, sand, gravel, or other unconsolidated materials from a location.

Expansion Building or Use. The addition of enclosed or unenclosed rooms or storage spaces, porches, or parking area, to an existing building or use on a parcel of land.

Fall-Out Shelter. A structure or portion of a structure intended to provide protection of human life during periods of danger from nuclear fall-out, air raids, storms, or other emergencies.

Family. One or more persons (related by blood, adoption or marriage) occupying a single dwelling unit and using common cooking facilities.

Filling Station. (See Service Station. )

Fixed Dwelling. A dwelling unit (or structure containing several units) attached to a permanent foundation.

Flag. A piece of cloth or similar material bearing a distinctive design and emblem or symbol representing a country, a state, a political subdivision of a state, or another organization.

Flood. A temporary rise in stream or surface water level that results in inundation of areas not ordinarily covered by water.

Flood Frequency. The average frequency statistically determined, for which it is expected that a specific flood level may be equaled or exceeded.

Floodplain. Those areas defined by the U.S. Geological Survey or the U.S. Army Corps of Engineers as subject to flooding once in one hundred (100) years, based on topography.

Floodprone Area. Any area with a frequency of inundation of once in 100 years as defined by qualified hydrologists or engineers using methods that are generally accepted by persons engaged in the field of hydrology and engineering.

Floodway. That portion of the floodplain, including the channel, which is reasonably required to discharge the bulk of the regional floodwaters. Floods of less frequent recurrence are usually contained completely within the floodway.

Floor Area, Gross. The sum of the gross enclosed horizontal area of all the floors of a building, except a basement or area under the first habitable story, measured from the exterior faces of exterior walls and/or supporting columns.

Food Processing. The preparation, storage, or processing of food products on a large scale. Examples of these activities include bakeries, dairies, canneries, and other similar activities or businesses.

Frontage, Building. The outside wall surface of a building or of an enclosed porch on a building that is nearest to the front lot line, or, in the case of a wall surface not parallel to the front lot lines, the average of the longest and shortest distance of the wall from the front lot line.

Frontage, Lot line. Shall mean the lot line which abuts a street or separates the lot from a street.

Frontage, Street. All the property on the side of a street between two intersecting streets (crossing or terminating), or, if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of the street.

Garage, Commercial. A building or portion thereof used for equipping, servicing, repairing, rental, selling and/or storage of self-propelled motor vehicles. Gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail.

Garage, Private. A building or part thereof designed and/or used for inside parking of self-propelled private passenger vehicles by the occupants of the house or other principal structure on the premises or by the occupants of or employees of a particular firm.

Garage, Public. A building or part thereof designed or used for indoor or partially indoor (covered) parking of self-propelled private passenger vehicles, operated as a commercial enterprise, accessory to a commercial enterprise, or as a governmental service and providing only incidental services for such vehicles.

Garage, Repair. (See Automobile Repair. )

Habitable Rooms. Living spaces within a dwelling unit arranged in such a fashion as to be commonly described as kitchen, diningroom, living room, dinette, family room, den, music room, library, bedroom and/or any other partitioned area that is designed to be used, or that may be used as a room for the carrying on of general family activities and intended to conform to applicable building codes.

Height of Building. (See Building, Height. )

Home Association. Art incorporated, nonprofit organization operating under recorded land agreements through which:

(a)

Each lot and/or homeowner in a planned or other described land area is automatically a member; and

(b)

Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

(c)

The charge if unpaid becomes a lien against the property.

Home Occupation. Any occupation for gain or support customarily conducted entirely within a dwelling and carried on solely by the inhabitant thereof, and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof.

Homeowners Association. A group of homeowners in a geographical area banded together for a specific purpose.

Hotel. A transient commercial lodging establishment consisting of one or more buildings used for this purpose, including accessory uses such as eating and drinking facilities, recreation facilities and parking. This category includes motels and motor hotels. Lodgings may consist of sleeping rooms only or may include cooking facilities also, but are not intended for long-term occupancy.

Improvement. Any addition to any structure; any extension, enlargement or expansion of any structure; any repair, reconstruction or improvement, the cost of which equals or exceeds 50 percent of the fair market value of the structure either before the repair, reconstruction or improvement is started, or if the structure has been damaged and is being restored, before the damage occurred.

Improvement, Nonsubstantial. Any improvement which is not a substantial improvement.

Institution or Institutional. A nonprofit organizational building, for use, publicly or privately owned, for the benefit of the public (schools, churches, temples, hospitals, clubs, fire stations, police stations, sewerage lift pumps, libraries, museums, city offices, etc.).

Interval Occupancy. A facility comprised of one or more dwelling units in which the exclusive right of use, possession, or occupancy of each dwelling unit circulates among twelve (12) or more owners or lessees thereof in accordance with a fixed time schedule on a periodically recurring basis.

Junk Vehicle. Any vehicle that does not have a current license tag and that the owner has abandoned or left to deteriorate. This definition does not include vintage vehicles which the owner intends to restore; provided that such vehicles are properly protected by being covered or stored in a garage, barn or other enclosed area and screened from view.

Junkyard. Place, structure or lot where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, disassembled, or handled, including used tires, unregistered, inoperable vehicles, auto wrecking yards, used lumberyards, used mobile home yards, house-wrecking yards, and yards or places for storage or handling of salvaged house wrecking and structural steel materials. One year from the date of adoption of this ordinance all junkyards, auto salvage or scrap yards shall be surrounded by either a fence at least six feet high or a buffer strip of solid screen planting within the building lines and maintain it in acceptable condition so that the yard cannot be seen from any public street and the yard may not be located within 1,000 feet of any residential structure.

Kennel. Any place or premises where four or more dogs over four months of age are kept for pay for boarding, breeding, sale or other commercial purposes. This definition does not include the raising of a litter by an owner who intends to sell or give away the puppies as soon as they are old enough.

Land Area. The total land area within the property lines of a lot.

Land Disturbing Activity. Any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover.

Land Use Certificate. Certificate issued by the City Clerk indicating that a proposed use of land is in conformity with the zoning regulations, a prerequisite to issuance of a building permit.

Legible. As related to Section 9.5, Signs, means that a message can be comprehended by a person with eyesight adequate to obtain a current Alabama driver's license standing in the public way or other location from which legibility is to be determined. Where such facts are material, it shall be presumed that the observation takes place in daylight hours, and that the person making the observation is standing and is between 5 feet 2 inches and 6 feet tall.

Licensee. Any person licensed under the provisions of this Ordinance.

Lot. A piece, parcel, or plot of land occupied or intended to be occupied by one main building, accessory buildings, uses customarily incidental to such main buildings and such open spaces as are provided in this Ordinance, or as are intended to be used with such piece, parcel, or plot of land.

Lot, Corner. A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of a street which form an interior angle of less than one hundred thirty-five (135) degrees. The point of intersection of the street lines is the corner.

Lot, Interior. A lot other than a corner lot.

Lot Depth. The mean (average) horizontal distance between the front and rear lot lines, measured at right angles to the street lines.

Lot Line, Front. The lot line of shortest length adjacent to the street right-of-way line of the principal street on which the lot abuts.

Lot Line, Rear. The lot line opposite and most distant from the front lot line.

Lot Line, Side. Any lot line other than a front or rear lot line. A side lot line of a corner lot separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot is called an interior lot line.

Lot Width. The mean (average) horizontal distance between the side lot lines, measured at right angles to the lot depth, with the minimum to comply with this code to be measured at the front setback line.

Lot of Record. A lot which is a part of a recorded plat or a plot described by metes and bounds, the map and/or description of which has been recorded according to Alabama law.

Maneuvering. The space entirely on private property required for maneuvering vehicles into and out of spaces in such a manner as to preclude the backing of any vehicle into any street right-of-way.

Manufactured Home. A structure constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, [42] USC 5401. Motor homes, house trailers, travel trailers, campers, mobile homes, mobile homes made to HUD standards and similar towed, transported, or self-propelled units are not manufactured homes.

Manufacturing, Extractive. Any mining, quarrying, excavating, processing, storing, separating, cleaning, or marketing of any mineral natural resource, except for oil and natural gas resources.

Manufacturing, General. Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.

Manufacturing, Light. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and, generating little industrial traffic and no nuisances.

Mini-Warehouse. A building or group of buildings in a controlled access compound that contain varying sizes of individual, compartmentalized and controlled-access stalls, cubicles and/or lockers used for storage only.

Mobile Home. Any vehicle or similar portable structure having been constructed with wheels (whether or not such wheels have been removed) and capable of being towed on a public street and so constructed as to permit occupancy for dwelling or sleeping purposes and not meeting the Manufactured Housing Construction and Safety Standard Act of 1974 (not a recreational vehicle as defined by this Ordinance).

Mobile Home Park. A site containing spaces with required improvements and utilities that are leased for the long-term placement of mobile homes/trailers/manufactured houses and that may include services and facilities for the residents.

Modular Home. A manufactured building built and inspected in accordance with a National Building Code (2003 International Residential Code) and in compliance with local building codes.

Modular Structure. Any pre-built or pre-manufactured structure mass produced in a factory and delivered as a single module or as a series of modules for placement and connection on a building site or lot approved for die intended use; provided that such structure meets State and Building Code specifications for modular structures. This definition does not include manufactured homes or mobile homes.

Motel/Motor Hotel. (See Hotel. )

Net Residential Acreage. Land used or proposed to be used for the placement of dwelling units and their accessory uses, private open spaces, parking areas, etc. Does not include streets or public recreation or open spaces.

Nightclub. Any nightclub, bar, tavern and cocktail lounge when separate from a restaurant defined as an establishment which primarily serves alcoholic beverages for on-premise consumption and which does not have a full service food menu and kitchen and seated food service.

Nonconforming Use. A use of land or structures existing lawfully 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 district in which it is located.

Nursing Home. A home for [the] aged, chronically ill, or incurable persons in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Nursery, Plant Materials. Land, building, structure, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for wholesale or retail sale on the premises including products used for gardening or landscaping.

Nursery School. A place for the day care and instruction of children not remaining overnight; includes day care centers.

Offices. Space or rooms used for professional, administrative, clerical, and similar uses.

Off-Premises Sign. A billboard or other sign with a commercial message that pertains or directs attention to a premises other than the premises on which said sign is located.

Oil. Crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of a condensation of gas after it leaves the pool.

Open Space. An area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts or any other recreational facilities. Streets, structures for habitation, and the like shall not be included.

Open Space, Permanent Usable in Planned Unit Development.

(1)

Privately owned and occupied area of a separate lot, outside of any buildings on the lot;

(2)

Privately occupied open space assigned to an individual dwelling unit in a project and not occupied by the dwelling;

(3)

Public open space are any spaces not occupied by buildings or privately owned lots or privately-occupied space.

This public open space may consist of access driveways, off-street parking spaces, pedestrian walkways, play areas, landscaped areas and any other areas suitable for the common enjoyment of the residents of the project.

Parking Space, Off-street. For the purpose of this Ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be totally outside of any street or alley right-of-way.

Permit. Any written authorization by a duly appointed City Representative for an individual, firm, trust, partnership, association or corporation to undertake activities related to subdivisions, zoning, PUDs, land use, or building in the City.

Permittee. Any individual, firm, trust, partnership, association or corporation to whom a permit is granted, including any person to whom a temporary permit is issued, such as that to maintain and operate a mobile home park under the provisions of this Ordinance.

Person. Any individual, firm, trust, partnership, association or corporation.

Plat. A map, plan, or layout of a county, city, town, section or subdivision indicating the location and boundaries of properties.

Planned Unit Development (PUD). A planned unit development:

(1)

Is land under unified control, planned and developed as a whole in a single development operation or approved programmed series of development operations;

(2)

Includes principal and accessory uses and structures substantially related to the character of the development itself and surrounding area of which it is a part;

(3)

Is developed according to comprehensive and detailed plans which include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements, facilities, and services as will be for common use by some or all of the occupants of the planned unit development but will not be provided, operated or maintained at public expense.

Planning Commission. The Atmore Planning Commission.

Porch. A roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Principal Building. A building in which is conducted the predominant or primary function or activity of the lot upon which it is located.

Public Land Uses. Any land use operated by or through a unit or level of government, either through lease or ownership, such as municipal administration and operation, county buildings and activities, state highway offices and similar land uses; and federal uses such as post offices, bureau of public roads and internal revenue offices, military installations, etc.

Recreational Vehicle. A self-propelled vehicle used for temporary housing of individuals and families during travel. This category also includes motor homes as well as campers and camping trailers capable of being towed by a motor vehicle.

Regulatory Flood. The flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur. The regulatory flood generally has a flood frequency of approximately 100 years as determined from an analysis of floods at a particular site and other sites in the same general region.

Regulatory Flood Protection Elevation. The elevation required for protection from the regulatory flood by the Federal Emergency Management Agency (FEMA).

Residential Dock or Pier. A dock or pier constructed adjacent to a residential lot for gratis recreational purposes and/or mooring of private boats.

Restrictive Covenants. Private regulations recorded with the Final Plat, which limit or otherwise govern the use, intensity and development patterns of the land within a subdivision or parcel of land for a specified time.

Retaining Wall. A wall of wood, brick, concrete or other suitable material designed to prevent erosion of soil from sharply sloping land or from around pools, decks, foundations and other similar structures.

Retention Basin. A pond, pool, or basin used for the permanent storage of water runoff.

Revetment. A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.

Right-of-Way. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

Roadside Stand. A temporary structure designed or used for the display or sale of products of a seasonal nature.

Roominghouse. Any building or portion thereof, other than a hotel or motel, which contains rooms which are designed or intended to be used, let, or hired out for occupancy, more or less transiently, by individuals for compensation whether paid directly or indirectly, and without provisions for cooking by guests or meals for guests.

Satellite Receiving Dish. A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites. This definition also includes satellite earth stations, or television dish antennas.

Seat. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four (24) linear inches of benches, pews, or space for loose chairs.

Semi-Public Land Uses. Philanthropic and charitable land uses including: YMCAs, YWCAs, Salvation Army, churches and church institutions, orphanages, humane societies, private welfare organizations, nonprofit lodges and fraternal orders, hospitals, Red Cross, and other general charitable institutions.

Service Station, Automobile. Any building or land used for retail sale and dispensing of automobile fuels or oils; may furnish supplies, equipment and minor services to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.

Setback Line. A line established by the subdivision regulations and/or zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure, may be located above ground, except as may be provided in said Ordinance.

Sewers, Public or Community. An approved sewage disposal system which provides a collection network and disposal system and central sewage and treatment facility for a single community, development, or region.

Sewage Treatment, On-Site. A septic tank or similar installation on an individual lot which utilizes a bacteriological or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

Shopping Center. A group of commercial establishments planned, constructed and managed as an entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, and designed to serve a community or neighborhood.

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 are visible from any public way and used as an outdoor display.

Sign Area. The entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Structural frames and members not bearing advertising matter shall not be included in computation of surface area. On a two-sided sign, only one face is counted in computing sign area. For signs with three or more faces, all faces will be calculated cumulatively.

Sign, Banner. A sign made of canvas or other approved flexible materials with or without a structural frame and attached to a building, canopy, pole or other structure.

Sign, Detached. A sign which is supported by one or more poles, pylons, columns, platforms, uprights, or braces in the ground and is not attached to a building or structure. Also known as a ground sign, pole sign or monument sign.

Sign Height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. For the purposes of this measurement, normal grade shall be construed to be the lower of:

(1)

Existing grade prior to sign construction; or

(2)

The newly established grade after sign construction exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

Sign, Portable. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for commercial messages; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Sign, Temporary. Any sign that is used only for a short, specifically limited time and that is not permanently mounted.

Sign, Wall. Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

Special Exception. A land use permitted that is not similar in nature to the uses permitted in the City, but that is desired and for which a suitable district is not available. Such use may be permitted upon appeal and in compliance with any special conditions which may be required.

Stormwater Detention Storage. Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination thereof. (See Detention Basin; Retention Basin. )

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

Story, Habitable. A story having its floor elevated at or above base flood elevation, as established by the City, regardless of the intended use of the story or its floor area and complying with applicable building codes.

Street. Any public or private way set aside for common travel more than twenty (20) feet in width.

Structural Alteration. Any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders and complying with applicable building codes.

Structure. Any object, the whole or parts of which are constructed, erected or arranged by human agency, the use of which requires a location on the ground or attached to something having a location on the ground, including, but not limited to, a house, building, deck, pool, parking lot, gazebo or other object.

Structure, Existing. Any structure the construction of which was initiated prior to the effective date of this Ordinance and for which all required state, local and federal authorizations were obtained prior to the effective date of this Ordinance.

Structure, New. Any structure which is not an existing structure.

Subdivision. The division or redivision of a parcel of land into two or more parcels as provided for in the Subdivision Regulations of the City of Atmore.

Supervisory Control and Data Acquisition. Communications equipment necessary for the remote control and operation of Public Safety and Utility devices (traffic lights, lift stations, pumps, wells, substations, etc.).

Telecommunications Facilities. Any cables, wire, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communication which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "Telecommunications Facilities" shall not include private radio and transformers, satellite receivers dishes and supervisory control and data acquisition devices less than one meter in length.

Tourist Home. A building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for transient guests, with or without meals, and which also serves as the residence of the operator.

Tower. A self-supporting lattice, guyed or monopole structure constructed from grade which receives and/or send radio and television communications or winch supports Telecommunications Facilities.

Townhouse or Condominium. An attached dwelling unit having a separate ground floor entrance and separate private yard space, with common side walls on one or both sides of the dwelling unit.

Travel Trailer Park. A development for the accommodation of tourists or vacationers on a short-term basis, providing rental spaces for each individual trailer, camper, motor home, etc., and recreation and service facilities for the use of the tenants.

Use. The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

Variance. A modification of the strict terms of the relevant regulations in the City with regard to placement of structures, developmental criteria or provision of facilities. Examples include:

(1)

Allowing smaller yard dimensions because an existing lot of record is of substandard size;

(2)

Waiving a portion of required parking and/or loading space due to some unusual circumstances;

(3)

Allowing fencing and/or plant material buffering different from that required, due to some unusual circumstances. Available only on appeal to the Board of Adjustment.

Waterway. Any body of water, including any creek, canal, river, lake or bay, natural or artificial.

Wholesale Establishment. Business establishments that generally sell commodities in large quantities or by the place to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

Wine Bar. Any establishment having as its principal or predominant use the serving of wine, but no other alcoholic beverages, for consumption on the premises. Light foods not requiring preparation in a kitchen are available for consumption on the premises but are not the principal or predominant use of the establishment.

Yard. A space on the same lot with a main building, such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted and complying with applicable building codes.

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 lines of the building and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as a 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. On waterfront lots the front yard shall be considered from the front line of the building to the water.

Yard, Minimum. That yard space that must remain when the property is developed to the fullest extent allowable under applicable ordinances and codes.

Yard, Rear. An open space on the same lot with the main building, such space being unoccupied except possibly by an accessory building, extending the full width of the lot between the rear line of the main building projected to the side lines of the lot and the rear lot line. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.

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.

Zero Lot Line. A developmental approach in which a dwelling unit is sited along one or more lot lines.

Zoning Administrator. The administrative officer designated to administer the zoning ordinance and issue land use certificates.

Zoning Enforcement Officer. Individual appointed by the City to carry out the duties and enforcement required by the Zoning Ordinance and Subdivision Regulations. May be used interchangeably with Zoning Enforcement Officer, Zoning Administrator and Code Enforcement Officer.

Zoning Map. The map which is part of this Zoning Ordinance and which delineate the boundaries of zoning uses.

(Ord. No. 05-2006, § 1, 6-26-2006; Ord. No. 05-2007, § 1, 10-22-2007; Ord. No. 12-2009, § 1, 12-14-2009; Ord. No. 2018-04, §§ 1—3, 10-22-2018)