§ 6.2. Permitted uses and conditions.  


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  • Permitted uses are listed in the permitted use table of this article.

    6.21

    Uses by right. Uses in the tables identified by (R) are permitted by right, subject to the conditions specified in the tables or elsewhere in this ordinance.

    6.22

    Special exceptions—conditional uses. Uses in the tables identified by (S) require approval by the board of adjustment pursuant to Code of Alabama § 11-52-80. These uses are generally compatible within a designated district but because of their nature must be reviewed and approved before a building permit is issued.

    6.23

    Variances. Variances from the terms of the Zoning Ordinance may be granted by the board of adjustment in conformity with Code of Alabama § 11-52-80.

    6.24

    Compliance with district requirements. Except for approved variances and special exceptions, any use must comply with the requirements of the district in which it is located unless approved under the Planned Unit Development (PUD) provisions of the Subdivision Ordinance.

    6.241

    Other provisions of this ordinance notwithstanding, any tracts of farmland under cultivation or pastureland and timberland presently being used for such purposes may continue to be used for such purposes regardless of the zoning district in which they may be located.

    6.242

    Undeveloped land or land used for agricultural purposes or timber growing shall automatically be rezoned for single-family use.

    6.25

    Uses prohibited. Where any use or analogous use has blank spaces under any zones listed in the headings of the tables of permitted uses, such use is specifically prohibited in such zones.

    6.26

    Group homes. Any provision of this ordinance notwithstanding, the provisions of Code of Alabama § 11-52-75.1 shall apply to any application for a group home. Any provision of this ordinance notwithstanding, any federal law or regulation regulating or permitting a group home shall apply to any application for a group home.

    6.2 Table of Permitted Uses and Conditions
    Use Districts
    R-1 R-2 R-3 B-1 B-2 M-1 M-2 DBD
    Air conditioning sales and service. R R R R R
    Airport and/or crop dusting-spraying service; need not be enclosed within a structure. S S S S
    Ambulance/EMS service. R R R R S
    Amusement and recreation services: Must be so arranged that noise, vibration, lights, and all other possible disturbing aspects are enclosed, screened or otherwise controlled so that operation of the establishment will not unduly interfere with the use and enjoyment of properties in the surrounding area:
      Amusement park R R R R
      Amusement arcade, kiddie land R R S S R
      Archery range S S S S S
      Baseball batting cage S R S S S
      Billiard or pool hall S S S
      Bowling alley S R S S S
      Fairgrounds, circus or carnival R R R R
      Golf course S R R R R
      Golf course, miniature R R R R
      Golf driving range R R R R
      Pistol or rifle range
      Racquetball or tennis courts, indoor R R R R
      Skating rink, indoor R R R R
      Tennis courts, outdoor: need not be enclosed within a structure. R R R R
      Animal clinic/kennels for small animals when used as an accessory use to an approved principal use. R R R R
      Animal raising, small animal breeding; need not be enclosed within a structure. S S S S
    Antique store, not including repairing and refinishing. R R R R R
    Apparel and accessory store. R R R R R
    Appliance store. R R R R
    Apothecary, limited to the sale of pharmaceuticals and medical supplies. R R R R R
    Art gallery or museum. R R R R R
    Art supplies. R R R R
    Asphalt products manufacture. R R
    Auditoriums (large), stadiums, coliseums, and other such places of public assembly with occupancy load of 50 or more persons. S R S S R
    Auditoriums (small), for public assembly with occupancy load of less than 50 persons. R R S S R
    Automobile laundry, where the primary function is washing automobiles, but not including trucks or trailers; operations shall be conducted only within a completely enclosed structure, and all wastes shall be discharged directly into the sewer. R R R R
    Automobile manufacture. S R R
    Automobile parts sales, except used parts. R R R R R
    Automobile storage, including parking lots; need not be enclosed within a structure. S S S S S
    Automobile, travel trailer, camper, farm equipment and implements and mobile home sales (new and used); need not be enclosed within a structure, but any mechanical or body repair must be done entirely within a structure which shall not have any opening facing the residential district other than a stationary window within 100 feet of residential district. R R R
    Automobile and truck laundry, including steam laundry. R R R R
    Automobile and truck repair garage, mechanical and body; must be conducted in a structure which shall not have any opening facing the residential district other than a stationary window within 100 feet of residential district, and which shall not store or otherwise maintain any parts or waste materials outside such structures. R R R R S
    Automobile and truck sales and service; but not including commercial wrecking, dismantling, or auto salvage yard; need not be enclosed within a structure provided the unenclosed part shall comply with the requirements for maintenance of off-street parking facilities. R R R R R
    Automobile and truck service station including minor repair, subject to the requirements listed under special provisions, where the primary function is retail sale of gasoline, oil, grease, tires, batteries and accessories and where services are limited to installation of the items sold, washing, polishing, tire changing, greasing and minor repairs, but not including commercial wrecking, dismantling or auto salvage yard, major mechanical overhauling or body work; fuel pumps need not be enclosed within a structure. R R R R R
    Bait store or sales (live bait); need not be enclosed within a structure. R R
    Bakery, retail. R R R R R
    Bakery, wholesale. R R R R
    Bank, including drive up window. R R R R R
    Barber shop or beauty parlor. R R R R R
    Barber and beauty supplies and equipment sales. R R R R R
    Bed and breakfast. Owners must reside in dwelling. Dwelling may not have more than six guest bedrooms. S S S
    Bicycle, lawnmower sales, service and repair. R R R
    Bird and wildlife sanctuary. S S S S S S S
    Blueprinting and photostatting shop. R R R R R
    Boat construction and storage, major; need not be enclosed within a structure but adequately screened from view. R R R
    Boat sales, service and repair including accessories. S R R R R
    Boat storage, service and repair, minor. May include dry storage in an enclosed structure. R R R
    Book store. R R R R R
    Bottling works. R R
    Building materials supply, provided that major storage areas are screened from view and that any machine operations are conducted entirely within an enclosed structure with no opening other than a stationary window within 100 feet of a residential district. R R R R
    Bus and railroad terminal facilities. R R S S S
    Business machines sales and service. R R R R R
    Business school or college. R R R R
    Butane and other liquefied petroleum gas products sales; need not be enclosed within a structure. R R R R
    Cabinet or carpenter shop. R R R R
    Cafe, grill, lunch counter and restaurant but not including night club, bar, tavern and drive in restaurant. R R R R R
    Camera and photographic supply store. R R R R R
    Candy, nut and confectionery store. R R R R
    Canvas products manufacture. R R R R
    Carting, express, crating, hauling, storage. R R
    Catering shop or service. R R R R
    Cemetery, subject to requirements of the special provisions. S S S S S S S
    Chemical manufacture or processing (heavy, industrial). S S
    Churches and related accessory buildings. S S S R R R R R
    City hall, police station, fire stations, courthouse, federal office building and similar public building. S S S S S S S S
    Clay and clay products manufacture; need not be enclosed within a structure. S R R
    Clinic, dental, medical or psychiatric for humans. R R R R R
    Clothing manufacture. R R
    Club or lodge, fraternal, civic, charitable or similar organization, public or private, but not including any such club, lodge or organization, the chief activity of which is a service or product customarily carried on as a business but not including an organization which sells alcoholic beverages for off-premises consumption or which allows alcohol to be brought in for on-premises consumption and charges individual admission fees for events held on the premises. S S S R R R R S
    Club, county club, golf, swimming or tennis club or the like, privately owned and operated community club or association, athletic field, park. Recreation area, and similar uses of a recreational nature, provided that no building for such purposes is located within 100 feet of any property line. S S S R R
    Cold storage plant. R R
    College or university provided that they are located on a lot fronting on an arterial street or road and that no building is located within 100 feet of any property line. S S S S S S S
    College sorority or fraternity house. S S S S
    Commercial agriculture and farming operations, including horticulture, plant nurseries, and orchards. S S S R R R R
    Concrete and concrete products manufacture; need not be enclosed within a structure. S R R
    Contractor's storage yard for vehicles, equipment, materials and supplies, need not be enclosed within a structure, but must be enclosed within a solid fence to screen view; chain link or similar open fence may be permitted if a screen planting adequate to obstruct the view is provided. R R R R
    Convenience store (neighborhood). R R R R
    Dairy equipment sales. R R R R
    Dairy product sales. R R R R
    Delicatessen. R R R R R
    Department store. R R R R R
    Drive in restaurant. R R R R R
    Drug store. R R R R R
    Dry cleaning shop, including self service. R R R R R
    Dry goods or fabric store. R R R R R
    Dwelling, single family. R R R R R R R R
    Dwelling, two family. R R R S S
    Dwelling, multi family. R R R R
    Electric power generating plant. S S S
    Electric power substation; need not be enclosed within a structure, but must be secured by a chain link or similar fence, or raised above ground so as to be inaccessible to unauthorized persons; requires visual screen. S S S
    Electric repair shop. R R R R R
    Electric supply store. R R R R R
    Elevator maintenance office. R R R
    Employee credit union office. R R R R R
    Exterminator service office. R R R R R
    Farm and garden equipment and supply store. R R R R R
    Farmer's market. R R R R S
    Fix it shop, including small appliance repair. R R R R R
    Fixture sales. R R R R R
    Floor covering sales and service. R R R R R
    Floral shop. R R R R R
    Food locker plant including rental of lockers for the storage of food; cutting and packaging of meats and game, but not the slaughtering of animals or fowl. R R R
    Food products processing plant. S R R
    Food products, wholesale storage and sales. R R
    Freight depot, railway or truck. R R
    Frozen food manufacture and packaging. R R
    Fruit and produce, retail. R R R R R
    Funeral home, mortuary or undertaking establishment. R R
    Furniture and home furnishing store, including office furniture and equipment. R R R R R
    Furniture repair, including upholstering and refinishing. R R R R R
    Gas regulator stations. S S S S S S S S
    Gift shop. R R R R R
    Glass products manufacture. S R R
    Grocery store, retail. R R R R R
    Gymnasium, commercial. R R R R
    Hardware store, retail. R R R R R
    Hardware store, wholesale, storage and sales. R R R R R
    Hatchery, poultry or fish. S S S S
    Heating and plumbing equipment supplies and service. R R R R R
    Hiking and nature trail. R R R R R R R
    Hobby shop and supply store. S R R R R R
    Home occupation. S S S S S S S S
    Hospital, clinic, convalescent or nursing home, extended care facility or sanitarium for humans. R R R
    Hotel, motel or tourist home. R R R R
    Ice plant. R R R R
    Industrial park. S R R
    Institution for children or the aged, day care. R R R
    Interior decorating shop. R R R R R
    Kindergarten, play school or day care center, public or private, provided that all activities are carried on in an enclosed building or fenced yard and that all applicable federal, state, and local requirements are met. S S S R R R R
    Laboratory, scientific. R R R R R
    Laboratory, medical or dental. R R R R R
    Landscape garden sales; need not be enclosed within a structure. R R R R R
    Laundry, self service. R R R R R
    Laundry and dry cleaning pick up station. R R R R R
    Laundry and dry cleaning plant. R R R
    Laundry, linen supply or diaper service. R R
    Leather goods or luggage. R R R R R
    Library. S S S R R R R S
    Liquor, wine or beer sales not to be consumed on premises and meeting local and state requirements. R R R R
    Livestock (cattle, horses, sheep and goats).
    Livestock (swine).
    Loan office. R R R R R
    Locksmith. R R R R R
    Lodging, boarding or rooming houses. S S S
    Lumber yard and building materials; need not be enclosed within a structure. R R R R
    Machine shop. R R R R R
    Machinery, tools, and construction equipment, sales and service. R R R
    Mail order house. R R R R R
    Manufactured home. R
    Manufactured home park. S
    Manufacturing, repair assembly or processing establishments of a light industrial nature, including but not limited to, the following:
      Confectionary, food, frozen desert and milk products processing and manufacturing. R R
      Clothing and garment manufacturing. R R
      Laboratories for testing materials, chemical analysis, photographic processing. R R
      Musical instruments and parts manufacturing. R R
      Scientific, optical and electronic equipment assembly and manufacturing. R R
      Souvenirs and novelties manufacturing. R R
      Toy, sporting goods and athletic goods manufacturing. R R
    Manufacturing, extractive, including all natural mineral deposits except oil and gas.
    Manufacturing, general; the processing, fabrication, repair and servicing of any commodity or product. S R R
    Marine stores and supplies. R S S R
    Metal products fabrication. R R R
    Millwork and similar wood products manufacture. R R
    Mobile home.
    Mobile home subdivision.
    Modular home. R
    Modular structure. S S S S
    Motorcycle sales, service and repair. R R R R R
    Music store. R R R
    Natural preservation areas including bird and wildlife sanctuaries, nature and hiking trails, outdoor camping site and similar uses. S S S S S S S
    News stand. R R R R R
    Nightclub. (Special Note: In considering a special exception-conditional use approval, the board of adjustment shall consider the nature of the proposed establishment, its proximity to other establishments with a similar use, the existing density of such use within the district, and the demonstrated ability of the applicant to operate such establishment in a manner consistent with public safety and the overall public good.) S S S S
    Novelty and souvenir manufacture. R R
    Office. R R R R R
    Office equipment and supplies, retail. R R R R R
    Office equipment and supplies, manufacture. R R R
    Oil and gas exploration and production activities. S
    Oil well equipment, supplies and machinery; need not be enclosed within a structure. R R
    Optician. R R R R R
    Paint and wallpaper store. R R R R R
    Painting and decorating contractor. R R R R R
    Paper supplies, wholesale. R R R R
    Park or playground including recreation centers; need not be enclosed within a structure. S S S S S S S S
    Passenger depot, railway or bus. R R R R
    Pawn shop. R R R R R
    Pet shop. R R R R
    Petroleum and petroleum products, manufacture, processing or storage. S S
    Photography studio and/or processing. R R R R R
    Picture framing and/or mirror silvering. R R R R R
    Pipe storage; need not be enclosed within a structure. R R
    Planned unit development, fixed dwelling. S S S
    Planned unit development, mobile home. S S S
    Plastic fabrication. R R
    Plastic manufacture. S R R
    Plumbing shop. R R R R
    Police substation, including highway patrol. S S S S S S S S
    Post office. S S S S S S S R
    Poultry live raising.
    Printing, blueprinting, bookbinding, photostatting, lithographing and publishing establishment. R R R R R
    Public utility production and maintenance building with proper screening. S S S
    Public utility substation with proper screening. S S S S S S S S
    Radio and television station transmitting tower. S S R R
    Radio and television sales, service and repair store. R R R R R
    Reducing exercise, karate, gymnastic or other body fitness type salon. R R R R R
    Restaurant defined as an establishment which does not primarily serve or sell alcoholic beverages and which has a full-service food menu and kitchen as well as seated food service. R R R R R
    Restaurant supplies and sales. R R R R R
    Riding academy; need not be enclosed within a structure.
    Roofing and sheet metal shop. R R R R
    Rooming house and boarding house. S S R R R R
    Rug and/or drapery cleaning service. R R R R R
    Sand and gravel storage yard; need not be enclosed within a structure but must be screened. S S
    Sawmill, planning, or timber storage. S S S
    Schools public and/or private, elementary and/or secondary meeting the requirements of the education laws of the state. S S S S S S S
    Seafood store, retail. R R R R R
    Sewage disposal plant; need not be enclosed within a structure. S S S S S S
    Shoe repair shop. R R R R R
    Shoe store, retail. R R R R R
    Sign shop. R R R R
    Silviculture and related forestry operations; need not be enclosed within a structure. R R
    Small engine repair shop. R R R R R
    Sporting goods store. R R R R R
    Stockyard; need not be enclosed within a structure.
    Stone monument sales, retail. R R R S
    Stone cutting and processing merchandise sold at retail. R R
    Studio for professional work or teaching of fine arts, such as photography, drama, speech, painting. R R R R R
    Studio for dance or music. R R R R R
    Surgical or dental supplies manufacture. R R
    Surgical or dental supplies retail. R R R R R
    Tailor shop. R R R R R
    Tattoo and body piercing establishment. R R
    Taxi terminal/storage and repair of vehicles. R R
    Taxidermy shop. R R R R R
    Teen club or youth center. S S S S
    Telephone exchange. S S S S S S
    Telephone equipment storage including shops and garage; need not be enclosed within a structure but must provide adequate screening. R R
    Temporary uses, including the sale of Christmas trees, seasonal fruit and vegetables from roadside stands, and similar uses. Farmers market only. R R R S
    Theater, indoor. S R S S R
    Theater, outdoor/drive-in; need not be enclosed within a structure. R S S
    Tobacco store. R R R R R
    Tower telecommunication facilities, requires approval from city council and planning commission in accordance with article XII of this chapter. S S S S S S S S
    Toy store. R R R R R
    Trade school or college. S S S S S
    Transit vehicle storage and servicing; need not be enclosed within a structure. R R
    Utility company storage facility; need not be enclosed within a structure but must provide adequate screening. S R R
    Variety store. R R R R R
    Veterinary service. R R R R
    Warehouse and storage facilities, major. R R
    Warehouse and storage facilities, minor; mini type (400 square feet per unit or less) do it yourself storage facilities; facilities must not open to the street; screening and landscaping is required. R S S
    Water storage; need not be enclosed within a structure. S S S S S S S
    Water or sewer pumping station. S S S S S S S S
    Welding shop. R R R R
    Well drilling company. R R R
    Wine Bar S S
    YMCA, YWCA, and similar institutions. S S S S S S S S

     

(Ord. No. 06-2008, § 1, 7-28-2008; Ord. No. 12-2009, § 2, 12-14-2009; Ord. No. 09-2011, § 6.2, 7-11-2011; Ord. No. 04-2013, § 1, 5-13-2013; Ord. No. 14-2013, § 1, 12-23-2013; Ord. No. 02-2014, § 2, 4-21-2014; Ord. No. 05-2015, § 1,9-14-2015; Ord. No. 03-2016, § 1, 6-27-2016; Ord. No. 2018-04, §§ 4—6, 10-22-2018)