The provisions of this Ordinance shall be administered and enforced by the Municipal Building Inspector. Duties and powers of the Zoning Administrator shall be as follows:

11.11

The Zoning Administrator is authorized and empowered to administer and enforce the provisions of this Ordinance to include receiving applications, inspecting sites, and issuing Land Use Certificates for minor projects and uses and structures which are in conformance with the provisions of this Ordinance.

11.12

The Zoning Administrator does not have the authority to take final action on applications or matters involving planning approval, uses not provided for, major projects, variances, special exceptions or amendments which this Ordinance has reserved for consideration by the Planning Commission, the Board of Adjustment, or the City Council or its assigns.

11.13

The Zoning Administrator shall keep records of all permits and certificates issued and maps, plats, and other documents with notations of all special conditions involved. He/she shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of his office and shall be made as a public record.

Permits and certificates shall be issued in accordance with the following provisions:

11.21

Land Use Certificates. Before a building shall be added to, erected, reconstructed, structurally altered, moved, removed or demolished, or before a sign requiring a sign permit shall be erected or installed, a Land Use Certificate shall be obtained from the Zoning Administrator showing that such building or sign, as proposed, will conform with this Ordinance. The Certificate shall be issued or denied within seven (7) days otherwise it shall be deemed to be approved. The Certificate shall be on a form provided by the Zoning Administrator and no fee shall be charged. Said Certificate shall be obtained prior to issuance of any building permit and prior to the installation of any sign requiring a sign permit under Section 9.5 but not requiring a building permit.

The applicant may appeal the denial of the Certificate to the Board of Adjustments in writing within twenty (20) calendar days after the rejection of the application.

Each application for a Land Use Certificate shall be accompanied by a plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the size, shape, height and location of the building to be erected, dimensions and locations of existing buildings, and width of front, side and rear yards. Written evidence of applications for all required permits showing compliance with regulations of the Corps of Engineers, Alabama Department of Environmental Management and Escambia County Health Department shall accompany the application and plot for a Land Use Certificate, and the Land Use Certificate may be conditioned upon the actual receipt of said permits by the applicant. When application is made to build upon a lot of nonconforming size, the application shall be accompanied by an affidavit that said lot was a lot of record as of the date of passage of this Ordinance.

A Land Use Certificate shall be valid for the issuance of a building permit for one hundred eighty (180) days after issuance. After that time a new Certificate must be obtained. A record of the application and plot plan shall be kept in the files of the Zoning Administrator for a period of not less than three (3) years.

The Zoning Administrator may revoke a Land Use Certificate issued in a case where there has been a false statement or misrepresentation in the application or on the plot plan for which the Certificate was issued or if after a documented warning has been issued the applicant has failed to comply with the requirements of this Ordinance. Revocation of the Land Use Certificate shall also cause suspension of the building permit until such time as in the judgment of the Zoning Administrator, die applicant is in compliance with the requirements of this Ordinance.

The Zoning Administrator shall circulate project applications to the City Engineer and the Planning Commission for review at the time of submission of the application.

11.22

Building Permits. It shall be unlawful to commence the excavation for or the construction of any building or other structures, including accessory structures, or to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair of any structure, including mobile homes and accessory structures, until the Building Inspector has issued for such work a building permit including a statement that the plans, specifications and intended use of such structure in all respects conform with the provisions of this Ordinance. Application for the building permit shall be made to the Building Inspector on forms provided for that purpose.

11.23

Approval of Plans and Issuance of Building Permits. It shall be unlawful for the Building Inspector to approve any plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this Ordinance. To this end, the Building Inspector shall require that every application for a building permit for excavation, construction, use of land, moving or alteration be accompanied by a plan or plat drawn to scale and showing sufficient detail to enable the Building Inspector to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this Ordinance. Such plan or plat shall include, as a minimum:

11.231

The actual shape, proportion and dimensions of the lot to be built upon;

11.232

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot;

11.233

The existing and intended use of all such buildings or other structures;

11.234

The setback and side lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this Ordinance are being observed.

If the proposed excavation, construction, moving, or alteration as set forth in the application, are in conformity with the provisions of this Ordinance, the Building Official shall issue a building permit accordingly. If an application for a building permit is not approved, the Building Official shall state in writing on the application the cause for such disapproval. Issuance of a building permit, shall, in no case, be construed as waiving any provision of this Ordinance.

11.24

Certificate of Occupancy. No land or building or other structure or part thereof hereafter erected, moved or altered in its use shall be used until the Building Inspector shall have issued a Certificate of Occupancy stating that such land or structure or part thereof is found to be in conformity with the provisions of this Ordinance. It shall be the duty of the Building Inspector to make a final inspection thereof, and to issue a Certificate of Occupancy if the building or premises or part thereof is found to conform with the provisions of this Ordinance or, if such certificate is refused, to state the refusal in writing with the cause.

11.25

Continuance of Previously Issued Permits and Certificates. All permits and certificates which were previously issued shall not be affected by the provisions of this Ordinance, except as otherwise provided herein.

(Ord. No. 05-2006, § 2(11.2), 6-26-2006)

11.31

The Planning Commission shall hold public hearings and take action on matters which require Planning Approval as may be required by the Code of Alabama. (This includes subdivisions and comprehensive plans and amendments to each.)

11.32

The Planning Commission shall adopt subdivision regulations pursuant to Code of Alabama § 11-52-31.

11.33

The Planning Commission shall make recommendations to the City Council on all requests for Zoning Amendments.

11.34

The Planning Commission shall take action on all major projects as defined in this ordinance.

11.35

The Planning Commission shall approve or disapprove subdivision plats pursuant to Code of Alabama § 11-52-32.

(Ord. No. 02-2014, § 4, 4-21-2014)

11.41

An application to approve a subdivision plat should be submitted in writing to the office of the Zoning Administrator at least 30 days prior to the regularly scheduled meeting of the City Planning Commission. The application must be on official City forms and must be accompanied by data, maps and plans that are adequate, in the opinion of the Zoning Administrator, to support the application.

11.42

The application shall come before the Planning Commission at its next regular meeting following receipt of a correctly completed application and staff report on same.

11.43

Before acting on any application requiring a public hearing, the Planning Commission shall ensure that proper legal notice is given.

11.44

The Planning Commission shall take action on applications for a subdivision plat within 30 days from the date of submission of the plat.

11.45

Any application may be withdrawn prior to action thereon by the Planning Commission at the discretion of the applicant initiating the request upon written notice to the Zoning Administrator.

11.46

A property owner, or his appointed agent, shall not initiate action affecting the same parcel of land more often than once every 12 months.

(Ord. No. 02-2014, § 4, 4-21-2014)

11.51

The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance.

11.52

The Board of Adjustment shall hear and decide Special Exceptions to the terms of this Ordinance or to any regulation required under this Ordinance.

11.53

The Board of Adjustment shall authorize upon appeal in specific cases such variance from the terms of this Ordinance or regulation required thereunder as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance or regulation required thereunder will result in unnecessary hardship and so that the spirit of this Ordinance or regulation required thereunder shall be observed and substantial justice done; provided, however, that the foregoing provisions shall not authorize the Board of Adjustment to approve a use not permitted by this Ordinance or regulation required thereunder.

11.61

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer or department of the City of Atmore affected by any decision of any administrative officer representing the City in an official capacity in the enforcement of this Ordinance or regulation required thereunder. Such appeal shall be taken within thirty (30) days of said decision by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof and a fee of seventy-five dollars ($75.00). The officer from whom the appeal is taken shall transmit forthwith to the Board of Adjustment all papers constituting the record upon which the action was taken.

11.62

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. Such proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a Court of Record on application and notice to the officer from whom the appeal is taken and on due cause shown.

11.63

The Board of Adjustment shall fix a reasonable time for hearing the appeal, give public notice to the interested parties and decide the appeal within a reasonable time. Any party may appear in person, by agent, or by an attorney.

11.64

In exercising its authority, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.

11.65

The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or decide in favor of the applicant on any matter upon which it is required to pass under this or any such Ordinance or to effect any variation in such Ordinance or regulation required thereunder.

11.66

Any party aggrieved by a final judgment or decision of the Board of Adjustment may, within fifteen (15) days thereafter, appeal therefrom to the Circuit Court of Escambia County, Alabama, by filing with the Circuit Court and the Board of Adjustment a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal, the Board of Adjustment shall cause a transcript of the proceedings and the action to be certified to the Court to which the appeal is taken, and the action of such court shall be tried de novo.

11.71

The Atmore City Council shall adopt any Ordinance or regulation necessary to effect the provision of zoning in the City of Atmore.

11.72

The Atmore City Council may levy permit and application fees deemed necessary to administer this Ordinance or regulation required thereunder.

11.73

The Atmore City Council may adopt such administrative rules and procedures as it deems necessary to carry out the provisions of this Ordinance or any regulation required thereunder.

11.74

The Atmore City Council shall adopt any amendment to this Ordinance or regulation required thereunder.

11.81

A recommendation for adoption of any Ordinance, regulation or amendment thereto shall be made by the Atmore Planning Commission.

11.82

The Atmore City Council shall fix a reasonable time for consideration of the recommendation and give public notice thereof.

11.83

Before adoption of any proposed Ordinance, regulation or amendment thereto, said Ordinance, regulation or amendment shall be published in accordance with procedures as set out in applicable Section(s) 11-52-77, 1975 Code of Alabama and amendments thereof.

11.91

Penalties. It shall be a Class A misdemeanor punishable as provided by State Law for any person, firm, partnership, association or corporation to violate any provision of this Ordinance.

11.92

Remedies. Should any building or structure be erected, constructed, altered, repaired, converted or maintained, or land used in violation of this Ordinance, the City Attorney, or other appropriate Administrative Officer of Atmore shall institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of the land or to restrain, correct, or abate such violation, or to prevent the occupancy of any such building, structure, or to prevent any illegal act, conduct, business, or misuse in or upon any premises regulated under the authority of this Ordinance.

11.93

Fines. In addition to the foregoing, the Atmore City Council is authorized to adopt ordinances or regulations providing for a penalty in the form of a fine for the violation of the provisions of this Ordinance or any regulation promulgated thereunder; provided that such fine shall not be less than one hundred ($100.00) and not more than five hundred ($500) and cost of court for such offense. Each day such violation continues shall constitute a separate offense.

11.101

Whenever the Zoning Administrator, Building Official or other duly appointed Administrative Officer of the City determines that a violation of this Ordinance exists, he shall give written notice of the violation to the occupant, applicant and the owner shown on the most recent tax roll of Escambia County. A copy of such written notice shall be transmitted to the City Attorney.

11.1011

Content. The notice shall include but not be limited to:

a.

A description of the location of the property involved, either by street address or by legal description.

b.

A statement indicating the nature of the violation.

c.

A statement showing the time within which all necessary remedial action must be accomplished which time may not be less than ten (10) days nor more than sixty (60) days from the date of such written notice.

d.

The name of the person upon whom the notice of violation is served.

e.

A statement advising that upon the failure to comply with requirements of the notice, such enforcement procedure as may be required under this Ordinance shall be taken.

11.1012

Service. The written notice required above shall be served upon the person violating the Ordinance and the person owning the land by either personal delivery or certified mail.

11.102

Enforcement. If corrective action is not taken within the time specified in the notice, then the City shall use all available means of enforcement in order to secure compliance with the provisions of this Ordinance.

Any parcel or parcels of land rezoned to another use classification under the amendment authority of this Ordinance, shall revert back to the prior zoning classification after twelve (12) months from the date of approval of the rezoning if, by that time, said land is not actually being used for a permitted use in the classification to which it was rezoned.

Fees for hearings before the planning commission are established as follows:

11.121

A flat administrative and review fee of seventy-five dollars ($75.00) shall accompany each request for hearing.

11.122

In addition, the actual costs for legal advertisement of the request, notification to adjacent property owners, engineering reviews and public hearing shall be paid by the applicant prior to any decision by the Planning Commission.