(1)

The provisions of this ordinance shall be administered and enforced by the chief officer of the department of buildings and inspections.

(2)

Said official shall also:

(a)

Issue all building permits and maintain records of the building permits.

(b)

Issue all certificates of occupancy and maintain records of the certificates of occupancy.

(c)

Issue and renew, where applicable, all temporary use permits and maintain records of the temporary use permits.

(d)

Maintain current zoning maps and records of amendments to the zoning maps.

(e)

Have the right to enter upon any premises at any reasonable time for the purpose of making inspections of land or structures necessary to carry out the enforcement of this ordinance.

The chief building and inspection department official shall make interpretations of the "Bessemer Zoning Map" upon request of any person. Where uncertainty exists as to the boundaries of any district shown on said maps the following rules shall apply:

(a)

Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines shall be construed to be such boundaries.

(b)

Zoning lines shall follow legal lots and blocks or the centerlines of public streets or alleys.

(c)

Where boundaries are approximately parallel to public right-of-way lines, such boundaries shall be construed as being parallel thereto.

(1)

Legal establishment.

(a)

The City of Bessemer Zoning Board of Adjustment is established, and members of the board of adjustment shall be appointed, pursuant to the terms and provisions of section II[11]-52-80, Code of Alabama, 1975 (Code of Ala. 1975, § 11-52-80); said board shall have only those powers specifically delegated to it by said Code.

(2)

Powers.

(a)

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

(b)

To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance.

(c)

To review and approve or deny uses permitted upon review.

(d)

To authorize upon appeal, in specific cases, such variances from the terms of this ordinance 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 and so that the spirit of this ordinance shall be observed and substantial justice served.

(3)

Guidelines for variances. Variances may be granted in individual cases of unnecessary hardship upon a finding by the board of adjustment that the conditions outlined below do, in fact, exist. In no case shall the board grant a variance that permits the permanent use of land, building or structure for a use not permitted within the district in which the land, building or structure is located. Nor shall the board grant a variance which permits the extension or addition of a nonconforming use or in any way makes a nonconforming use more permanent. Before any variance is granted, the board shall consider the following factors.

(a)

If there are extraordinary and exceptional conditions which are peculiar to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

(b)

If granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.

(c)

If a literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

(d)

If the requested variance will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare.

(e)

If the special circumstances are not the intended result of the actions of the applicant (i.e., self-imposed hardship).

(f)

That the variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

(g)

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(h)

That the variance will not allow the permanent establishment of a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

(i)

That in proving that a hardship has been imposed on the property as a result of the strict interpretation of the ordinance, the following conditions cannot be considered pertinent to the determination of a hardship:

1.

That a variance would increase the financial return from the land.

2.

Personal hardship.

3.

Self-imposed hardship.

(4)

Variance application procedure.

(a)

An application for a variance shall be filed on a form available from department of building inspections.

(b)

A fee of $100.00 shall accompany the application.

(5)

Uses permitted on review.

(a)

A use permitted on review is a use which is compatible with the permitted district uses but, because of its nature, must be reviewed and approved by the board of adjustment, prior to issuance of a building permit. Such uses fall into two separate categories: (1) uses which are specifically mentioned in the ordinance as requiring board of adjustment approval; and (2) uses which are not specifically listed in the ordinance.

(b)

Uses listed in the ordinance as permitted upon review shall be reviewed by the board of adjustment and approved if determined consistent with the provisions of the ordinance.

(c)

Uses which are not listed in this ordinance, may be permitted in a district which permits similar uses, upon approval of the board of adjustment. The board shall not grant approval of a use which would constitute a rezoning of the property or permitting a use not similar in its nature to those uses listed as permitted uses in a district.

(d)

A fee of $100.00 shall be charged for an application for a use permitted on review.

(6)

Public hearing.

(a)

At least 15 days prior to the board of adjustment meeting at which a variance, appeal, or use permitted on review is initially considered, the department of buildings and inspections shall give written notice to all owners of property located in whole or in part within 500 feet of the boundaries of the subject property. For this purpose, the owner of said properties to be notified will be identified as those shown by the records of the office of the tax assessor of Jefferson County, Bessemer Division, on a date not more than one year prior to the date of such notice. The notice shall state:

1.

The location of request for variance, appeal or use permitted on review (by mailing address and legal description).

2.

The nature of the request.

3.

The time, date and location of the board of adjustment meeting at which the request is to be reviewed.

4.

That a protest may be filed with respect to the application.

(b)

Such notice shall be deemed given when deposited in the United States mail, first class postage prepaid, addressed to such property owners at their addresses as shown on the records of the office of the tax assessor. Any error in the address of any such notice shall not invalidate the giving of notice provided that no more than five percent of the total number of notices given contain any such error.

(c)

Any property owners to whom the above stated notice is given may protest the application before the board of adjustment in person or by filing with the buildings and inspections department a written protest signed by such property owner.

(d)

The board of adjustment shall hold a public hearing on a request at the first regularly scheduled meeting after compliance with notice provisions as set forth herein. The board of adjustment shall render a decision on the application before the next regularly scheduled meeting unless additional information is required. If additional information is required, the board of adjustment shall have 30 days from the date of submittal of this additional information to the buildings and inspections department, in which to make a decision.

(e)

Request for hearings before the board of adjustment, if denied on the first presentation, will only be accepted for re-hearing after a waiting period of six months unless there are changes which would warrant another hearing as determined by the board of adjustment.

(7)

Appeals from the board of adjustment.

(a)

Any party aggrieved by any final judgment or decision of the board of adjustment may, within 15 days thereafter, appeal there from to the circuit court by filing with the board a written notice of appeal specifying the judgment or decision from which the appeal is taken. Such appeals shall be in conformity and subject to the provisions of section 11-52-81, Code of Alabama (Code of Ala. 1975, § 11-52-81).

The City of Bessemer has adopted the International Building Code as developed by the International Building Code Congress International [International Code Council], Inc. The enforcement of this code provides minimum requirements to safeguard life, health and public welfare and the protection of property as it relates to these safeguards by regulating and controlling the design, construction, alteration, repair equipment, use and occupancy, location, maintenance, removal and demolition of all buildings or structures and appurtenances thereto.

(1)

It shall be unlawful to:

(a)

Commence earthwork,

(b)

Commence construction of any building or other structure, including accessory structures or signs,

(c)

Store building materials or erect temporary field offices,

(d)

Commence the moving, alteration or repair of any structure, until the building inspection officer has issued a building permit for such work.

(2)

A building permit shall be required for any excavation, construction or alteration the cost of which is one hundred dollars ($100.00) or more.

(3)

It shall be unlawful for the department of building and inspections to issue a building permit until an inspection officer has inspected the proposed plans in detail and found them in conformity with this ordinance. An application for a building permit shall include:

(a)

Location, size, and dimensions of the site and mailing address.

(b)

The use, location, size, and height of all existing and proposed structures on the site.

(c)

The location and number of parking spaces.

(d)

All easements and rights-of-way.

(e)

The setback and side lines of buildings on adjoining property, may be submitted along with other information concerning the lot or adjacent property and may be required for determining conformance with the provisions of this ordinance.

(f)

The location and dimensions of all exterior graphic displays.

(g)

Buffers. (See section 8.10.)

(h)

Topography at 2-foot intervals, along with a drainage plan and an erosion control plan are required in all non-residential zones.

(i)

Any development plan required under the provisions of this ordinance, bearing certificate of approval by planning and zoning commission.

(4)

The fee for submission of a building permit application is one dollar ($1.00) plus one percent of the estimated cost for excavation, building, construction or alteration. Minimum permit: $25.00. Initial plans review fee of $200.00 will be charged and will be deducted from the building permit fee when issued. Two plans reviews will be included in the building permit fee, any additional plan review, a fee will be charged at the present approved hourly rate.

(5)

Any permit under which no work has been done above the foundation walls or other foundation support within ninety days from the date of issuance shall expire by limitation, but shall upon reapplication be renewable, subject, however, to the provisions of all ordinances enforced at the time of said renewal. In no event shall any permit be renewed more than one time.

(1)

No land, building or other structure or part thereof hereafter erected, moved or altered in its use shall be used or occupied until the department of buildings and inspections has issued a certificate of occupancy. A certificate of occupancy is required before issuance of a business license on new or remodeled buildings.

(2)

Within three days after the owner or his agent has notified the buildings and inspection that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building inspection officer to make a final inspection thereof, to issue a certificate of occupancy if the building or premises is found to conform with the provisions of this ordinance or, if such certificate is refused, to notify such applicant in writing of the refusal and the cause or causes therefore. Appeals from the decision of the chief buildings and inspections department official shall be heard by the building board of appeals.

Any use of land or a structure, or construction or alteration of a structure in violation of this ordinance, is hereby declared to be a nuisance per se. Whenever the building inspection officer declares that the use of land or a structure is in violation of this ordinance, the owner or occupant shall, within seventy-two hours from the issue of a notice from the building inspection officer to vacate such premises, accomplish the vacation of such land or structure until said use be made to conform to the provisions of this ordinance.

All residential, commercial, industrial, and specialty premises shall be maintained at all times in a clean and orderly condition. The responsibility for compliance with this provision shall lie with all parties individually and/or collectively having a lease or ownership interest in the service station and said parties shall be separately and severally liable for the maintenance thereof.

Any person, firm, corporation, or other organization which violates this ordinance shall be fined upon conviction not less than $100 nor more than $500 or imprisonment of not more than 6 months or both and cost of court for each offense. Each day such violation continues shall constitute a separate offense.

When any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure or land is used in violation of this ordinance, the chief building and inspections department official or any other appropriate authority or any adjacent or neighboring property owner who would be damaged or caused hardship by such violation, may bring an injunction, mandamus, or other appropriate action or proceeding, to correct or abate such violation or to prevent occupancy of such building structure, or land.

(1)

A proposed change of the zoning district boundaries or of the regulations as they pertain to a piece of property may be initiated by the city council, the planning and zoning commission, or at the request of the owner, owners or authorized agents of the property to be rezoned. When a rezoning request is made by a petition of or on the behalf of the property owner the following procedure shall be followed:

(2)

Application procedure.

(a)

The application for rezoning shall be made on a form available from the department of buildings and inspections.

(b)

The application shall contain the following information:

1.

Name and address of the applicant.

2.

Address and legal description of the property under consideration.

3.

Present zoning of the property under consideration.

4.

Requested zoning.

5.

Reason for the rezoning request.

6.

Availability of required utilities.

7.

A map, drawn to scale, indicating: the dimension and exact location of the site in relation to the vicinity in which it is located; location of all public rights-of-way; location and dimension of all existing and proposed buildings and structures on the site and adjacent sites and the nature and location of all existing and proposed facilities for the disposal of storm water drainage.

8.

Copies of any development plans required elsewhere in this ordinance.

(c)

The application shall be submitted to the department of buildings and inspections at least thirty days prior to a regularly scheduled meeting of the planning and zoning commission, if said meeting is the hearing date for a request. A fee of $100.00 is due at the time of submission.

(3)

Public hearing by planning and zoning commission.

(a)

At least 15 days prior to the planning and zoning commission meeting at which the rezoning request is initially considered, the department of buildings and inspections shall give written notice to all owners of property located in whole or in part within 500 feet of the boundaries of the subject property as shown by the records of the office of the tax assessor of Jefferson County, Bessemer Division, on a date not more than one year prior to the date of such notice. The notice shall state:

1.

The location of rezoning request (by mailing address and legal description).

2.

The nature of the rezoning request (indicating the current zoning of the site and the proposed rezoning classification).

3.

The time, date and location of the planning and zoning commission meeting at which the rezoning request is to be reviewed.

4.

That a protest may be filed with respect to the application.

(b)

Such notice shall be deemed given when deposited in the United States Mail, first class postage prepaid, addressed to such property owners at their addresses as shown on the records of the office of the tax assessor. Any error in the address of any such notice shall not invalidate the giving of notice provided that no more than five percent of the total number of notices given contain any such error.

(c)

Any property owners to whom the above-stated notice is given may protest the application before the planning and zoning commission in person or by filing with the department of buildings and inspections a written protest signed by such property owner.

(d)

The planning and zoning commission shall hold a public hearing at the first regularly scheduled meeting after compliance with notice provisions as set forth herein. The planning and zoning commission shall render a decision on the application before or at the next regularly scheduled meeting unless additional information is required. If additional information is required, the planning and zoning commission shall have 30 days from the date of submittal of this additional information to the city, in which to make a recommendation on the request to the city council.

(4)

Public hearing by city council.

(a)

Upon receipt of the recommendation of the planning and zoning commission of a proposed zoning amendment, the city council shall consider the proposed amendment at a public hearing to be held on the 2nd regular voting city council meeting of the following month.

(b)

The city shall publish the proposed rezoning request once a week for two consecutive weeks in advance of its passage in a newspaper of general circulation throughout the city. Said advertisement shall contain the information set forth in section 2.10(2)(a) of this ordinance.

(c)

At the time and place scheduled for the public hearing of the proposed amendment, the city council shall hear the presentation of the applicant, review the recommendation of the planning and zoning commission, and hear any arguments in opposition and support by the general public of the proposal.

(d)

Upon receipt of a negative recommendation from the planning and zoning commission on a proposed zoning amendment, the city council shall follow the review procedures as set forth in paragraphs (a), (b), and (c) of this subsection.

(e)

The city council may adopt amendments to the zoning ordinance by a majority vote.

(5)

Limit on rezoning requests. When the city council denies a rezoning request, the planning and zoning commission shall not reconsider the same request for a period of six months. Each time the city considers the zoning request, the $100 administrative fee must be paid.

(1)

The planning and zoning commission and/or the city council, may, upon its own initiative, hold public hearings for the consideration of any proposed amendment to the provisions of this ordinance or to the zoning district boundaries after notice thereof in accordance with the provisions of section 2.11(3)(b) of this ordinance. The planning and zoning commission shall report its recommendations to the city council.

(2)

The city council shall adhere to the procedure for adoption of zoning ordinance amendments set forth in section 2.10 of this ordinance.

(3)

The city council may adopt amendments to the zoning ordinance and map by a majority vote of the council.

(1)

Required development plans.

(a)

Submission of a preliminary development plan is required prior to zoning property in any of the districts so specified in the ordinance.

(b)

A final development plan is required prior to the issuance of a building permit for all developments in all but single family residence districts. Approval if such plans by the planning and zoning commission is required in conjunction with rezoning an in accordance with planned district requirements.

(2)

Preliminary development plans.

(a)

Contents. A person or firm applying for a zoning amendment to establish a district, shall submit a preliminary development plan to the planning and zoning commission consisting of a minimum of:

1.

Site plan, showing:

a.

Direction of north, appropriate scale and topography.

b.

Location of subject property in relation to the city.

c.

Use of property adjacent to the site.

d.

Proposed use of land and density of development for the site.

e.

Proposed access to and traffic circulation within the site.

2.

Proposed development schedule for the project.

3.

Certification of provisions of adequate public facilities and services.

(b)

Review process. The planning and zoning commission shall review and dispose of the proposed zoning amendment in accordance with the provisions of section 2. In any case, a amendment to the zoning ordinance may be submitted to the city council only upon the approval of the preliminary development plan or upon disapproval, with a report from the planning and zoning commission.

(c)

The preliminary development plan may be approved as part of a zoning amendment.

(d)

Mode detailed site development plans may be required subject to specific zone districts if determined necessary by the planning and zoning commission. In such cases plan contents shall include all or some of the following:

(3)

Final development plan.

(a)

Applicability. Prior to the removal of natural vegetation, restructuring of land, or construction of any improvements, an approved final development plan for all development as stipulated is required.

(b)

Contents. A final development plan shall be submitted to the planning and zoning commission in conjunction with rezonings (other than single-family residential) or as part of planned district requirements. It shall be consistent with the preliminary development plan and consist of:

1.

A site plan, showing:

a.

The direction of north, appropriate scale and topography at two foot contour intervals.

b.

The proposed location and height of all structures.

c.

The use of structures and land.

d.

The location and use of structures adjacent to the site.

e.

The location, area and number of parking spaces and maneuvering areas.

f.

The location and dimensions of streets, driveways and walks on and off the site.

g.

All service and loading spaces.

h.

The location, size, number and character of all exterior signs and lighting.

i.

The location, character and extent of existing vegetation, landscaping, retaining and screen walls and other treatment for the protection of adjoining property.

j.

The facilities for surface drainage of the premises.

k.

Location and character of all public improvements including utilities.

2.

A public improvement plan consistent with the Bessemer subdivision regulations.

3.

Any and all deed restrictions to be recorded.

4.

Traffic analysis or statement of traffic impact indicating the probable effect of the proposed development on traffic patterns and capacities of adjacent streets in the immediate area, prepared by a registered professional engineer.

5.

Development schedule indicating the approximate date when construction of the development or stages thereof can be expected to begin and be completed.

6.

Fire protection approved by the Bessemer fire chief indicating the location and size of all proposed water mains, fire hydrants, and fire access lanes, as well as a description of all fire protection measures and devices for structures.

7.

Other information necessary to establish compliance with this and other ordinances or the availability of adequate utility capacity.

(c)

Additional requirements.

1.

The applicant shall provide for and establish an organization or other legal entity for the control and maintenance of any common open space designated on the final development plan. Such organizations shall be created by covenants running with the land, and such covenants shall be included as part of final development plans.

2.

Structure and open space shall be arranged in such a way as best to serve the needs of residents and commercial users and to minimize any adverse effects on neighboring districts.

3.

Scenic assets and natural features, such as trees, streams, and topographic features, shall be protected and preserved to the fullest extent possible.

4.

Adequate screening and separation between different land uses shall be provided by means of buffers or other acceptable methods.

5.

Vehicular access to a site shall be from streets capable of supporting existing and projected traffic. No streets or roads within the development plan shall connect to the public street system in such a way as to encourage use of minor streets as collector or arterial streets.

6.

Development plans shall make provisions for safe and convenient pedestrian access and circulation.

(d)

Review process.

1.

Upon receipt of an applicant's final development plan, the planning and zoning commission shall transmit a copy of the plan to the city engineer and such agencies as the planning and zoning commission may deem appropriate for their review, report, and recommendation. Such officials and agencies shall each furnish to the planning and zoning commission a report pertinent to their respective jurisdiction and concerns.

2.

The planning and zoning commission shall review the applicant's final development plan and within 30 days from following the applicant's submission of the plan to the planning and zoning commission, the planning and zoning commission shall approve or disapprove the plan. If disapproved, the planning and zoning commission shall also prepare a written report stating clearly the reasons and justification therefore, and identify what changes are necessary in order for the plan to be approved. Said written disapproval shall be transmitted to the applicant.

3.

If a determination is made that a plan is not consistent with the preliminary plan, a plan may not be approved.

(e)

Amendment of final development plan.

1.

The final development plan may be amended by the planning and zoning commission, provided the procedure specified for review and approval is followed and determination that the plan is consistent with the preliminary plan approved as part of rezoning.

2.

Minor changes in the location, siting, or character of buildings and structures as shown on the final development plan may be authorized by the chief department of buildings and inspections official. No change authorized by said official under this section may increase the size of any building or structure by more than 10 percent, nor change the location of any building, or structure by more than 10 feet in any direction; notwithstanding anything in the foregoing, the chief official of buildings and inspections may not permit changes beyond the minimum or maximum requirements set forth in this ordinance. All other changes in the final development plan, including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of a final development plan.

3.

In a planned development district, if a determination is made that plan is not consistent with preliminary plan, the plan must be revised or an amendment may be submitted to city council, and processed as if a new zoning case.

4.

The building inspection officer must certify approval of development plan prior to issuance of building permit. Said approval may include minor variations or provisions included herein for minor changes.

5.

This section notwithstanding, additional development plan requirements may be specified for certain planned district classifications as specified in those district use regulations.