ORDINANCE NO. 3237

AN ORDINANCE TO FURTHER AMEND ORDINANCE NUMBER 1883 OF THE CITY OF AUBURN, DATED DECEMBER 21, 1999, THE OFFICIAL ZONING ORDINANCE, AS AMENDED BY SUBSEQUENT AMENDMENTS, BY INCORPORATING THE FOLLOWING CHANGES:

Section 1. That Ordinance No. 1883 of the City of Auburn, Alabama dated December 21, 1999, as amended by subsequent amendments is further amended to read as follows:

ARTICLE II. DEFINITIONS Section 203. Definitions

Caliper: The diameter of a tree measured at a point six (6) inches above the ground line if the resulting diameter measurement is no more than four (4) inches. If the resulting measurement is more than four (4) inches, the measurement is made at a point twelve (12) inches above the ground line. Caliper measurements are used in the landscape or nursery trades, and Diameter-at-Breast Height DBH measurements are used in forestry and the timber industry. For ordinance purposed, caliper is used for replacement trees and DBH is used for existing trees. Also see Diameter-at-Breast Height.

Family: Two (2) or more persons residing in a single dwelling unit where all members are related by blood, marriage, adoption, or guardianship up to the second degree of consanguinity, plus one unrelated person in the Limited Development district, Neighborhood Conservation District, Development District Housing, or the Large Lot Residential District. For the purpose of this definition “consanguinity” means husbands and wives, brothers and sisters, parents and children, grandparents and grandchildren, uncles and aunts, nephews and nieces, and first cousins. In all other zoning districts where residential units are permitted the term “family” may include up to five (5) unrelated persons occupying a single dwelling unit.

Floor Area, Primary Structure: The sum of the gross floor area for each story of a building measured from the exterior limits of the faces of the structure. The floor area of a building excludes basement floor area, but includes attic floor area only if the attic meets the current building code standards of the City of Auburn for habitable floor area. It does not include cellars and unenclosed porches or any floor space in an accessory building or the principal building, which is designed for the parking of motor vehicles in order to meet the parking requirements of this Ordinance.

Floor Area, Accessory Structure: The sum of the gross floor area for any structure which does not meet the current code standards of the City of Auburn for habitable floor area. ARTICLE III. ESTABLISHMENT OF ZONING DISTRICTS
Section 301. Zoning Districts.

For the purpose of this Ordinance, all land and water areas in Auburn are hereby divided into zoning districts, which shall be designated as follows: an Urban Core District (UC), a College Edge Overlay District (CEOD), an Urban Neighborhood East District (UN-E), an Urban Neighborhood West District (UN-W), an Urban Neighborhood South District (UN-S), a Neighborhood Conservation District (NC), a Development District Housing District (DDH), a Large Lot Residential District (LLRD), a Neighborhood Redevelopment District (NRD), a Redevelopment District (RDD), a Rural District (R), a Limited Development District (LDD), a Comprehensive Development District (CDD), a Corridor Redevelopment District (CRD), a South College Corridor District (SCCD) an Industrial District (I), a Planned Development District (PDD), a Conservation Overlay District (COD), and a Holding District (HD).

Section 304. Statement of Purpose and Intent of Zoning Districts.

304.11 Large Lot Residential District (LLRD). The Large Lot Residential District (LLRD) is a one-acre minimum single-family residential zoning district designed with the intent to provide a transition from the Rural (R) zoning district (three acre minimum lot size) to a higher intensity zoning district(s). The LLRD is a low density residential district and is more restrictive in terms of the uses permitted than the Rural (R) District.

Occupancy in the LLRD is limited to the “Family” as per Section 203.

THE FOLLOWING SECTIONS HAVE BEEN RENUMBERED WITH NO CHANGES TO THE CONTENT UNDER THE HEADINGS.

304.12 Rural District (R).

304.13 Limited Development District (LDD).
304.14 Comprehensive Development District (CDD). 304.15 Corridor Redevelopment District (CRD). 304.16 South College Corridor District (SCCD). 304.17 Industrial District (I).
304.18 Planned Development District (PDD). 304.19 Conservation Overlay District (COD).
304.20 Holding District (HD).

ARTICLE IV. GENERAL REGULATIONS

Section 400. Introduction.

The purpose of the regulations contained in this Article is to allow maximum utilization of land while insuring against detrimental impacts on the environment, neighboring properties, and the public interest. This insurance is provided by separating the incorporated area of the City of Auburn into 20 zoning districts and permitting specified land uses within each, provided that a use meets all the additional criteria specified in this Ordinance. (Remaining content under this heading shall remain as is)

See Table 4-1 for Permitted and Conditional Uses - See Exhibit A.

408.02 Special Development Standards

D. Institutional, Indoor Recreation & Special Residential Uses

2. Church:
b) Church-related accessory uses, such as student centers, day care centers, dormitories, boarding houses, and recreation centers, shall be prohibited in the Neighborhood Conservation (NC), Development District Housing (DDH) and Large Lot Residential District (LLRD) districts.
c) For existing churches in the Neighborhood Conservation (NC), Development District Housing (DDH) and Large Lot Residential District (LLRD) districts, uses are limited to sanctuaries, educational buildings and fellowship halls. All other wording under this subsection remains as previous.

411.01 Building Setbacks.

A. Minimum Setbacks.
1. Residential Buildings. Residential setbacks are found in Section 502 Residential Use Regulations.
2. Non-Residential Buildings. To calculate the minimum building setback required to ensure adequate light, air and privacy to abutting properties, multiply the height of the proposed building by the Angle of Light Exposure Factor for the zoning district as shown in Table 4-3. All other wording in this subsection remains as previous described in Section 411.01 A.

Only the changes to table 4-2 are shown, all other zoning district standards remain as is.

Section 417. Open Space
417.01. All development required by this Ordinance to provide open space shall meet the following requirements.

C. 2. Agriculture uses specified in Section 403.01.

ARTICLE V. DETAILED USE REGULATIONS

Section 503 Building Setbacks.

A. Minimum Setbacks. To calculate the minimum building setback required to ensure adequate light, air, and privacy to abutting properties, multiply the height of the proposed building by the Angle of Light Exposure Factor for the zoning district as shown below:

District; Angle of Light Exposure Factor:

DDH; 1.0 MDRD; 0.5 NRD; 0.75 LLRD; 1.0 R; 1.0 RDD; 1.0 LDD; 1.0 CDD; 1.0 SCCD; 1.0

511.03. Use Limitations
J. On any one (1) residential lot, the total accessory floor area of all structures shall be limited to 50 percent of the floor area of the principal structure. This shall include open carports, gazebos and greenhouses, but no swimming pools. Lots of three (3) acres or greater in the Rural (R) district shall be exempt from this limitation.

511.08 Detailed Accessory Use Regulations: Subdivision Amenities. All wording remains except for the update to the below subsection.
F. Amenities that occupy required open space within a performance subdivision shall be limited to those uses that are allowed under Section 417.01.

512.04. Particular Temporary Uses Permitted. The following are temporary uses, which are subject to the specified regulations and standards, in addition to the other requirements specified in this Ordinance.
H. Sale of farm produce.
1. Permitted in Rural (R), Comprehensive Development (CDD), Redevelopment (RDD), Corridor Redevelopment (CRD-U, CRD-E, CRD-S, CRD-W), Urban Core (UC), Urban Neighborhood (UN-E, UN-W, and UN-S), and South College Corridor District (SCCD) districts.

Prohibited in Industrial (I), Neighborhood Conservation (NC), Development District Housing (DDH), Medium Density Residential District MDRD), Neighborhood Redevelopment District (NRD), Large Lot Residential District (LLRD), and Limited Development (LDD) districts.
Section 517. Flag Lots.

Section 517. Flag Lots.
D. Flag lot “stems” or access strips shall be at least 25 Feet in width as measured at the road frontage. The land area within the access strip shall not count toward the following required minimum lot sizes: Only the district shown below is added, the requirements remain for all other districts.

District; Minimum Lot Size: LLRD; 1 acre

Section 518 Conservation Overlay District (COD).

518.01 Application of the Conservation Overlay District. All land currently location in the Lake Ogletree Subwatershed is eligible for COD zoning as of the effective date of this amendment and as shown on the official City of Auburn Watershed Map adopted by Council on December 5, 2006. The Conservation Overlay District zoning maybe requested and considered for application in other parts of the City. In these cases, the property must be zoned as Rural, LLRD, LDD, NC-11, NC-12, NC-14, NC-15, NC-18, NC-20, NC-26, NC-32, NC-35, NC-39, NC-48, NC-50, NC-54, NC-84, NC-90, NC-100, or NC-150. All other wording under this subsection remains the same.

518.04. Rezoning of Property in the Lake Ogletree Subwatershed. After the effective date of this section of the ordinance property in the Lake Ogletree Subwatershed, as identified on the City of Auburn Watershed Map (Adopted on December 5, 2006), shall be rezoned only as Rural, LLRD, LDD, NC-11, NC-12, NC-14, NC-15, NC-18, NC-20, NC-26, NC-32, NC-35, NC-39, NC-48, NC-50, NC-54, NC-84, NC-90, NC-100, or NC-150.

ADOPTED and approved by the City Council of the City of Auburn, Alabama, this the 2nd day of June, 2020.

/s/ Ron Anders, Jr. Mayor

ATTEST:
/s/ James C. Buston, III City Manager

The Villager June 11, 2020

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