[Ord. No. 2030-26, 2-3-2026]
For the purpose of interpreting this ordinance certain words and terms are herein defined. The following words shall, for the purpose of this ordinance, have the meaning herein indicated.
[Ord. No. 2030-26, 2-3-2026]
14-2-1.
Words used in the present tense include the future tense.
14-2-2.
Words used in the singular number include the plural, and words used in the plural include the singular, unless the natural construction of the wording indicates otherwise.
14-2-3.
The word "person" includes a firm, association, organization, partnership, corporation or trust company as well as an individual.
14-2-4.
The words "used for" shall include the meaning "designed for."
14-2-5.
The word "building" shall include the word "structure."
14-2-6.
The word "lot" shall include the word "plot," "parcel," or "tract."
14-2-7.
The word "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied."
14-2-8.
The word "shall" is always mandatory and not merely directory.
14-2-9.
The word "may" is permissive.
14-2-10.
The word "map" or "zoning map" shall mean the Official Zoning Map, City of Albertville.
[Ord. No. 2030-26, 2-3-2026]
A supplementary use or structure detached from a principal building on the same lot and of a nature customarily incidental or subordinate to the principal building.
The person appointed by the governing body to enforce all provisions of the Zoning Ordinance.
A public thoroughfare having a narrow right-of-way and affording only a secondary means of access to abutting property and not intended for general traffic circulation.
• | Any addition to the height or depth of a building or structure. |
• | Any change in the location of any of the exterior walls of a building or structure. |
• | 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 $500 or when such repairs, renovation, remodeling or rebuilding changes the character of the structure. | |
A device used to transmit and/or receive radio frequency signals.
A system of housing and limited care that is designed for those who need some assistance with daily activities but do not require care in a nursing home.
A story partly underground, but having at least one-half of its height above the average level of the adjoining ground.
The safety factor for bearing capacity applies to all structures that have a foundation. A soil bearing capacity is defined as the amount of load a solid can carry without experiencing a shear failure. A minimum safety factor of 3.0 is commonly recommended for bearing capacity.
A building other than a hotel, cafe, or restaurant where, for compensation, lodging and meals are provided for three or more persons.
A buffer strip consists of a planting strip at least 10 feet in width, composed or evergreen trees, spaced not more than 10 feet apart, and not less than one row of dense screening shrubs, which are a minimum of 24 inches in height, spaced not more than five feet apart, and are capable of reaching a minimum height of five feet and a minimum spread of five feet within three years of planting. These shall be maintained in a healthy, growing condition by the property owner. If a fence is used as a buffer strip, it must be opaque and 10 feet in height.
Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or chattels.
Total building area is the area of the lot covered by all buildings, principal and accessory, but not including the ordinary projections of windowsills, belt courses, cornices, eaves, chimneys and other architectural features, provided that such features shall not project more than two feet from the building.
The portion of the lot occupied by the main building, including porches, carports, accessory buildings and other structures.
The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
The person designated by the City to serve as the Building Inspector for the City of Albertville, who is responsible for the administration and enforcement of this ordinance, unless otherwise noted. Such term shall include the Building Inspector or their designee.
A line parallel to the property line in front of which no structure may be erected.
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
A building in which is conducted the main or principal use of the lot on which the building is situated.
A child care facility which is a family home, which receives on a regular basis not more than six children for care during part of the 24-hour day, and which is licensed and regulated by the Alabama Department of Human Resources.
The Code of Ordinances of the City.
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, if specific provision for such conditional uses is made in the Zoning Ordinance.
A small-scale retail store that offers for sale a limited line of groceries and household items and may also sell gasoline.
A court is an uncovered outdoor space enclosed on two or more sides by exterior walls of buildings on the same lot. Courts need not be based at or near grade level, depending on their function in buildings, but where a court is overlooked by residential occupancies, limitations on occupancy from the surface of the required court upward shall be provided for in the term "yard."
A parcel of land planned and developed in a unified design, used or set aside and available for use as the site of one or more buildings and accessory buildings, or for any other purpose. A development is not divided by a street, and for the purpose of this article may or may not coincide with a lot of record.
Any section of the City of Albertville in which zoning regulations are uniform.
A structure used for the harboring of more than three dogs that are more than six months old.
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.
A building, or portion of a building, 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.
A building arranged to be occupied by three or more families living independently of each other with each unit having separate housekeeping and cooking facilities.
A detached residence arranged to be occupied by one family and having only one dwelling unit.
A residence arranged to be occupied by two families only living independently of each other, the structure having two dwelling units with separate housekeeping and cooking facilities for each.
Federal Aviation Administration.
Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
A business, profession, occupation, or trade that is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling and is incidental and secondary to the residential use of the lot and does not adversely or perceptively affect the character of the lot or surrounding area.
A building or group of buildings used by transient guests and containing no cooking facilities in the individual units.
The use of more than 600 square feet of any lot or tract for the outdoor storage and/or sale of wastepaper, rags, scrap metal, or other junk, and including storage of motor vehicles and dismantling of such vehicles or machinery.
A business premises equipped with individual clothes washing machines for the use of retail customers.
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.
A lot is a parcel of land. 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."
The area contained within the property of the individual parcels of land shown on a subdivision plat or survey or by county tax records.
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.
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.
The distance between side lot lines measured at the building setback line.
A lot which occupies the interior angle at the intersection of two street lines. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which the front is.
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. 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.
A parcel of land under single ownership, designed, maintained, intended or used for the purpose of supplying a location or accommodations for two or more mobile homes for non-transient use. This definition shall not include mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.
A building or group of building used by transient guests.
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.
Space or rooms used for professional, administrative, clerical and other similar uses.
Storage areas without a roof, whether fenced or not.
A storage space of not less than nine feet by 18 feet for one automobile, plus the necessary access space. It shall always be located outside the street right-of-way and required side yards.
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.
A transportable storage structure that is designed and used primarily for the storage of household goods, personal items and other materials for use on a limited basis on residential property. Such structures are uniquely designed for their ease of loading to and from a transport vehicle. For the purpose of this ordinance, the trailer portion of a tractor trailer, boxcars and shipping containers shall not be considered portable storage structures.
A building or portion of a building that was formerly used as a dwelling or that is designed to resemble a residential dwelling unit, wherein services are performed involving predominately administrative, professional or clerical operations, and wherein no retail trade is carried on and no stock of goods for retail sale are maintained on the premises. This may include medical, optical, and dental offices (excluding overnight care), offices for lawyers, accountants, engineers, surveyors, architects, landscape architects, consultants, professionals whose clientele normally visit on an appointment basis, home child care, or other similar administrative or general offices where there is no retail or wholesale sales, no storage of products, no display of merchandise, and no storage of company vehicles or equipment.
Any building or portion thereof which contains not less than three nor more than nine guest rooms which are designed or intended to be used or hired out for occupancy by individuals for compensation whether paid directly or indirectly.
Number of seats or occupancy permitted in any area as established by the Albertville Fire Marshal in accordance with relevant safety codes.
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. |
An area within the mobile home park which has been improved for a single mobile home as provided in this ordinance.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
A top floor in which the floor area with eight feet or more of head clearance is less than 50% of the floor area of the story next below.
A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting property.
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.
The purpose for which land or a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.
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 of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district.
Any device in, upon or by which any person or property is or may be transported, carried or drawn from one place to another, and shall include but not be limited to motor vehicles, boat trailers, boats, campers, utility trailers, horse trailers, bicycles, carts, tractors or other similar devices.
An open space other than a court, 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. Ordinary projections of windowsills, belt courses, chimneys, cornices, eaves and similar architectural features, and air conditioners or similar appliances, shall not project more than two feet into any required yard, and no support for a roof shall be based in any required yard.
• | 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. |
• | REAR YARD — The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. |
• | SIDE YARD — The yard extending along a side lot line, from the required front yard to the required rear yard, between the main building, including covered porches and carports, and such lot line. |