§ 4.00. Words and Phrases Defined.

The following is a list of definitions for words, phrases and terms used in this Zoning Ordinance:

Abandoned motor vehicle. Any motor vehicle which is partially dismantled, inoperative, (See Inoperative Motor Vehicle ) wrecked or junked, which is left at any place on a street or highway within the City for a period of at least seven (7) days.

Abut, adjacent, adjoin or contiguous. To physically touch or border upon, to share a common border with, or be separated from a common border by an easement.

Access. A way or means of approach to provide physical entrance to a property.

Accessory structure. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory use. A use of land or of a building, or portion thereof, commonly associated with and integrally related to the principal use of the land or building on the same lot.

Acre. A measure of land containing 43,560 square feet of area.

Addition. A structure added to the original structure at some time after completion of or after a Certificate of Occupancy has been issued for the original structure.

Alley. A service way providing a secondary means of access to abutting property and not intended for general traffic circulation (see Figure 1).

Alteration. Any change or rearrangement in the supporting members of an existing building, such as: bearing walls, columns, beams, girders, etc., or any change in or any enlargement to a building or a structure whether horizontally or vertically, or the moving of a building or structure from one location to another.

Applicant. A person submitting an application for development, a variance, a special exception use or rezoning.

Basement. A portion of a building located wholly or partially underground, with one-half or more of its floor-to-ceiling height below the average grade of the adjoining ground.

Bedroom. A room marketed, designed or otherwise intended to function primarily for sleeping.

Berm. A grass-covered or landscaped mound of earth with a slope of 1/3 or greater on both sides of the mound, used as a screen/buffer separating activities or uses (See Figure 2).

Block. A tract or parcel of land entirely surrounded by public streets other than alleys.

Board of zoning adjustment. The Zoning Board of Adjustment of the City of Midfield, Alabama.

Boarder. An individual, other than a member of a family, occupying the dwelling unit or part thereof, who, for compensation, is furnished sleeping accommodation, meals and other services as a part of consideration.

Buffer. A strip of land that is retained in an undeveloped state for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, reducing the effects of adjacent lighting and enhancing the natural environment, thereby providing for a compatible mix of otherwise conflicting uses (see Figure 3).

A buffer may consist of the following:

(1)

A natural barrier such as existing or planted trees or shrubs, or a combination of trees, shrubs and other vegetation. Any combination of evergreen or deciduous trees (hardwoods) or shrubs which is uniformly dense and provides a visual barrier at the minimum height required.

(2)

A solid opaque fence, a brick/masonry wall or an earth berm.

Building. A structure designed to be used as a place of occupancy, storage or shelter.

Building front. The exterior wall of a building which faces the designated front lot line of the lot (See Figure 4).

Building height. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof (See Figure 5).

Building line or building setback line. A line generally parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located (See Figure 6).  
 
 
 
 
 

Building, principal. The primary building on a lot or a building that houses a principal use.

Building spacing. The minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and eaves (see Figure 7).  
 
 
 
 
 

Carport. A roofed structure providing space for the parking of storage of motor vehicles and enclosed on not more than three (3) sides (see Figure 8).

City. The City of Midfield, Alabama.

Condominium. An ownership arrangement and not a land use. It is allowed in any district and under the same restrictions as the land that it comprises. It is characterized by private ownership and maintenance of designated exterior spaces by a condominium association of unit owners.

Council or city council. The City Council of the City of Midfield, Alabama.

Cul-de-sac . A short street designed to have one end permanently closed, with a vehicular turnaround at the closed end (See Figure 9).

Density. The required minimum land area per dwelling unit or the maximum number of dwelling units per unit area (acre) of land.

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

Dwelling. Any building, or portion thereof, which is designed and used for residential occupancy.

Dwelling, attached. Three (3) or more dwelling units adjoining one another by common walls, roof and/or floors, such as a townhouse or apartment.

Dwelling, detached. A dwelling designed for the occupation of one family. Such a dwelling shall not have any part of it attached to or in common with another dwelling unit. A single-family residence, manufactured (mobile) home, modular home, patio home and garden home are examples of detached dwellings (see Figure 10).

Dwelling, multifamily. A building containing two (2) or more dwelling units on a commonly shared lot, such as a duplex, apartment or townhouse (see Figure 11).

Dwelling, semi-detached. Two (2) dwelling units adjoining one another by a common wall, roof or floor, such as a duplex (see Figure 12).

Dwelling, single-family. A dwelling unit, for one family, built on an individual lot, such as a single-family residence, manufactured (mobile) home, modular home, patio home and garden home (See Figure 13).

Easement. Authorization by a property owner of the use of a designated part of his or her property by another for a specified purpose (see Figure 14).

Family. One (1) or more-persons living together as a single housekeeping unit.

Fence. An artificially constructed barrier of any material, combination of material or of vegetation which is planted or retained as a means to enclose or screen areas of land (See Figure 15).

Floor area, gross. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage (See Figure 16).

Improvement. Any manmade immovable item which becomes a part of, placed upon or affixed to real estate.

Inoperative motor vehicle. A motor vehicle which cannot be driven on public streets for reasons, including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.

Livable floor area. Any floor area within a dwelling usable for any combination of sleeping, eating, cooking, recreation or working purposes.

Lot. A parcel of land in one ownership, used as or set aside and available for use as, the site of one (1) or more buildings and accessory structures, or for any other purpose.

Lot, corner. A lot which abuts two (2) or more streets at the street intersection(s) (see Figure 17).

Lot, double frontage or through. Any area of land/lot with frontage on two (2) or more streets and not at their intersection(s) (see Figure 17).

Lot, flag. A parcel of land which does not have the required minimum lot width at the front lot line but has direct access to a public street through a narrow strip of land which is part of the same lot. This access strip of land shall be of a minimum width of 15'0" (see Figure 17).

Lot, interior. A lot other than a corner lot (see Figure 17).

Lot, reverse frontage. A double frontage lot with the rear yard on a major street and the front yard with access to a local or marginal access street (see Figure 17).

Lot area or lot site. The minimum area of a parcel of land shown on a subdivision plat or survey. This does not include any existing or future street right-of-way or any recreation/open space (See Figure 18).

Lot frontage. The lot width measured at the street line. Any lot with more than one street line shall be assigned the minimum lot widths as required by this Ordinance.

Lot line. A line which separates a piece of land (lot) from another lot, street or public/private place (see Figure 18).

Lot line, front. The lot line which has access to the street shall be considered the front lot line. Where structures face two streets, the shorter of the two lot lines shall be deemed the front lot line. Where street fronting lot lines are approximately of the same length, the owner shall specify the front lot line (see Figure 18).

Lot line, rear. The lot line which is parallel to and most distant from the front line. In the case of an irregular or a triangular lot, the rear lot line shall be a line ten feet (10') in length, parallel to and at the maximum distance from the front lot line. All double frontage lots shall have two side lot lines and one rear lot line (see Figure 18).

Lot line, side. Any lot line other than the front and rear lot lines (See Figure 18).

Lot of record. Any lot recorded in compliance with all applicable laws, ordinances and regulations.

Lot width. The minimum distance measured between the side lot lines at the required building setback line. In case of irregular lots, the lot width will be identified and measured as shown in the illustration below.

Nonconformities. Lawful uses of lots, structures or characteristics of uses which, as a result of the adoption or subsequent amendment to this Ordinance, no longer conform to all applicable zoning provisions.

Open space, common. Land area within a residential development, held in common ownership and maintained by a homeowners' association, for residents' recreational uses, protection of natural land features, amenities or buffers. All residents shall have access to open/common spaces. Such spaces shall not include surface water bodies (rivers, streams, lakes or ponds), land occupied by nonresidential buildings, common driveways, parking areas, street rights-of-way and/or lots for single family or multifamily dwellings. All common open space shall be left in a natural state or landscaped. Recreational structures and park/playground accessories may be installed in designated park areas.

Outdoor storage. The storage of any goods, materials, merchandise, products or vehicles in an unenclosed area for more than forty-eight (48) hours.

Owner. The person or persons having the right and legal title to the beneficial interest in or a contractual right to purchase a lot or parcel of land and all buildings, structures and accessories on it.

Perimeter. The boundaries or borders of a lot, tract or parcel of land (the sum of all the sides that abound a parcel of land).

Planning commission. The Planning Commission of the City of Midfield, Alabama.

Porch. A roofed area, open and directly accessible to or from a building. A porch, when heated/air conditioned and with open, windowed or screened areas measuring less than twenty percent (20%) of the walled area shall be considered a room.

Premises. A lot, parcel, tract or plot of land together with the structures thereon.

Property line. The lot line or boundary line.

Retail. The provision of services or the sale of goods and merchandise at retail prices to the general public at large, for personal or household use or consumption.

Satellite dish antenna. An accessory structure designed to receive television broadcasts relayed by microwave signals from earth orbiting communication satellites.

Screen. To visual[ly] shield or obscure an abutting or nearby structure or use from another by means of: opaque fencing, walls, berm or densely planted vegetation.

Sight triangle. A triangular-shaped portion of land established at street or driveway intersections on which nothing is placed which might obstruct the sight of motorists entering or leaving the intersection (see Figure 19).

Site. A parcel or parcels of land intended to have one or more buildings, or intended to be subdivided into one or more lots.

Site area. A minimum land area required to qualify for a particular use or development. Site area is taken from an actual site survey and excludes:

(1)

Land within all existing or future street or utility rights-of-way.

(2)

Land which is not contiguous to or is cut off by a major barrier.

(3)

Land which is part of a previously approved development.

(4)

Land which is zoned for another use.

Special exception use. A use permitted within a district by virtue of its existence prior to the creation of the said district. Such uses should be controlled with respect to the number, area, location or relation to the neighborhood and should not be detrimental to public health or cause any nuisance. A special exception use permit must be granted by the Midfield Zoning Board of Adjustment for such a use. The use will also be subject to all requirements and permits of the City.

Story. The space between two consecutive floors. A floor, balcony or cantilever located between two floors with a vertical distance of 24'0" or more between them requires that a mezzanine level be counted as a floor. A basement shall be counted as a story if it is used as livable area (in the case of dwellings) or is part of the principal building (in the case of other uses). (See Figure 20).

Story, mezzanine. A floor, balcony or cantilever located between two floors with a vertical distance of less than 24'0" between the two floors (see Figure 20).

Street. Any vehicular way which has been dedicated to the public use, including all land within the right-of-way.

Structure. Anything constructed or erected with a fixed location on the ground or attached to anything having a fixed location on the ground. All buildings are structures, but not all structures are buildings.

Subdivision. The division of a lot, tract or parcel of land into two (2) or more lots, sites or other physical divisions for the purpose, whether immediate or future, of sale or building development. Such term includes re-subdivision of land, and when appropriate, relates to the process of subdividing or to the land or territory subdivided. [See City of Midfield, Subdivision Regulations also.]

Terrace. A leveled, landscaped or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.

Travel trailer/recreational vehicle. A habitable structure on wheels intended to be transported on streets, either as a motor vehicle or hauled by a motor vehicle and used as temporary sleeping quarters or for recreational use. Such a vehicle does not meet the criteria of a manufactured (mobile) home by definition.

Use. The activity/function that actually takes place or is intended to take place on a lot/site.

Variance. A relaxation or waiver of the terms of this Ordinance (other than use provisions) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship. In all such cases, the spirit of this Ordinance shall be observed and substantial justice done, as determined by the Zoning Board of Adjustment.

Yard. A minimum open area, unobstructed from the ground up, within the perimeter of a lot (See Figure 21).

Yard, front. The area within the front lot line(s), the front building line(s) and the side lot line(s) (See Figure 21).

Yard, rear. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building (see Figure 21).

Yard, side. The area within the rear lot line, the rear building line(s) and the side lot line(s) (See Figure 21).