The zoning enforcement officer shall be the Brewton Building Inspector or other official as designated by the city council whose duties shall be as follows:

12.11 The zoning enforcement officer is authorized and empowered on behalf and in the name of the council to administer and enforce the provisions of this ordinance to include receiving applications, inspection premises, and issuing certificates of zoning compliance and certificates of occupancy for uses and structures which are in conformance with the provisions of this ordinance.

12.12 The zoning enforcement officer does not have the authority to take final action on applications or matters involving variances or other exceptions which this ordinance has reserved for action by the board of adjustment, the planning commission, and/or the city council.

12.13 The zoning enforcement officer shall keep records of all and any permits, the certificates of occupancy issued, maps, plats, and other documents with notations of all special conditions involved. He 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:

12.21 Building Permits. It shall be unlawful to commence the excavation for or the construction of any building or other structure, 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 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.

12.22 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 of 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:

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

12.222 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;

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

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 inspector of the municipality shall issue a building permit accordingly. If an application for a building permit is not approved, the building inspector 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 nor of any legal liability for noncompliance with the provisions of this ordinance on the part of the builder/owner or applicant.

12.23 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. Within three (3) days after the owner or his agent has notified the building inspector that a building or premises or part thereof is ready for occupancy or use, 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.

The Board of Adjustment of the City of Brewton, Alabama, is hereby established; and the following rules are set forth to govern its operation:

12.31 Membership. The board of adjustment shall consist of five (5) members, appointed by the mayor for overlapping terms of three (3) years.

12.32 Initial Appointment. The initial appointment of the board of adjustment shall be as follows: two (2) members for one (1) year; two (2) members for two (2) years; and, one (1) member for three (3) years.

12.33 Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the council upon written charges and after public hearing thereon.

12.34 Public Offices Held. No member shall hold any other public office or position, except that one (1) member may be a member of the city planning commission.

12.35 Rules of Procedure. The board of adjustment shall observe the following procedures:

12.351 Said board shall adopt rules in accordance with the provisions of this ordinance for the conduct of its affairs.

12.352 Said board shall elect one (1) of its members, other than a member of the planning commission, as chairman, who shall serve for one (1) year or until he is reelected or his successor is elected. Said board shall appoint a secretary.

12.353 The meetings of said board shall be held at the call of the chairman and at such other times as said board may determine. The chairman, or in his absence, the acting chairman may administer oaths and compel the attendance of witnesses by subpoena.

12.354 All meetings of said board shall be open to the public.

12.355 Said board shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the clerk and shall be a public record.

12.36 Duties and Powers. The board of adjustment shall have the following duties and powers:

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

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

12.363 Variances. To authorize upon appeal in specific cases such variance 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, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of adjustment that:

(a)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(b)

The application of this ordinance to this particular piece of property would create an unnecessary hardship;

(c)

Such conditions are peculiar to the particular piece of property involved; and,

(d)

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance.

12.364 Use variance not permitted. Nothing in this ordinance shall authorize the board of adjustment to approve a use not permitted by the ordinance for the district in which a building site is located.

Persons requesting a hearing before the board of adjustment for an administrative review, special exception or a variance shall observe the following procedures:

12.41 A completed application form must be filed with the zoning enforcement officer. The application must include all the specified pertinent data including an explanation of the grounds on which the appeal is being made.

12.42 An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the zoning enforcement officer. Such site plan shall include, as a minimum, the following: Lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourse, and if existing or proposed; fences, street names and street right-of-way lines; and, such other information regarding abutting property as directly affects the application.

12.43 The board of adjustment shall hear the appeal within a reasonable time. Public notice of the hearing shall be published as required by law. Due notice shall also be given to the parties in interest of the date, time and place of said hearing.

12.44 The board of adjustment shall render a decision on any appeal or other matter before it within forty-five (45) days from the date of the public hearing on it.

12.45 An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning enforcement officer 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 and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the said board or a court of record on application, on notice to the official from whom the appeal is taken and on due cause shown.

12.46 In exercising the powers granted the board of adjustment, the said board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions or determination of the zoning enforcement officer and may issue or direct the issuance of a zoning compliance permit.

12.47 Limitation, withdrawal, citizen appeals.

12.471 A property owner, or his appointed agent, shall not initiate action for a hearing before the board of adjustment relating to the same parcel of land more often than once every twelve (12) months on the same variance.

12.472 Any petition for a hearing before the board may be withdrawn prior to action thereon by the board at the discretion of the person initiating such a request upon written notice to the secretary of the board.

12.473 Any person or persons severally or jointly aggrieved by any decision of the board of adjustment may make, within fifteen (15) days thereafter, appeal to the circuit court or like jurisdiction, by filing with such Board a written notice of appeal specifying the judgment or decision from which appeal is taken.

The council may, from time to time, after examination, review and public hearing thereon, amend, supplement or change the regulations and zoning districts herein or subsequently established. Proposals for zoning amendments, whether initiated by the city council or any person, firm or corporation, shall be treated in accordance with the following procedures:

12.51 An application must be submitted in writing to the zoning enforcement office at least thirty (30) days prior to the regularly scheduled meeting of the Brewton Planning Commission and must be accompanied by a site plan of the proposed use included in any petition for a zoning amendment. Such site plan shall include the existing land use on adjacent and surrounding properties.

12.52 The application zoning amendment shall be reviewed by the planning commission at its next regular meeting and the said commission will conduct their study, with notification as required by law, then make their recommendations to the city council.

12.53 Before enacting any amendment to this ordinance, a public hearing thereon shall be held by the city council with proper notice as required by law.

12.55 Any petition for zoning amendment may be withdrawn prior to action thereon by the council or planning commission at the discretion of the person, firm or corporation initiating such a request upon written notice to the clerk.

12.56 A property owner, or his appointed agent, shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every twelve (12) months.

(Ord. No. 99-1026, § 4—7, 10-26-99)

Editor's note— Ord. No. 99-1026, § 7, adopted Oct. 26, 1999 deleted entirely § 12.54 which pertained to procedure for requesting a zoning amendment and derived from Ord. No. 92-0414, adopted July 14, 1992

All permits which were previously issued shall not be affected by the provisions of this ordinance, except as otherwise provided herein.

Any unzoned land annexed to the City of Brewton hereafter shall automatically be classified R-1; except that, the city council may consider, after due process of publication and hearing as required by law, specific applications to zone newly annexed land into one (1) or more existing or proposed new zoning classifications.

12.81 The planning commission is charged with the responsibility to review, apply, and monitor the enforcement of this ordinance in accordance with the adopted comprehensive plan or portions thereof which are adopted.

12.82 The planning commission shall hear and take action on matters which require commission "approval" as herein specified and shall render decisions on uses not provided for in the Table of Permitted Uses.

12.83 The planning commission shall hear and recommend to the city council on all matters of zoning and rezoning and zoning of newly annexed land when R-1 is determined by the planning commission not to be the proper zone.

12.84 Before making any recommendation to the city council on all matters of zoning and rezoning and zoning of newly annexed land, a public hearing thereon shall be held by the planning commission with proper notice as required by law. Said notice shall be published in full for one (1) insertion and an additional insertion of a synopsis of the proposed amendment one (1) week after the first insertion in a newspaper of general circulation published in the municipality, both insertions shall be at least fifteen (15) days prior to the said public hearing; or, if no newspaper is published in the municipality, then said notice shall be posted in four (4) conspicuous places within the municipality at least fifteen (15) days prior to the said public hearing. Due notice shall also be given to the parties in interest of the date, time and place of said hearing.

12.85 Requests before the planning commission shall adhere to the requirements specified herein and as may be established by the commission for the lawful rendering of its duty.

12.91 Penalties. Any person violating any provision of this ordinance shall be fined upon conviction, not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and costs of court for each offense. Each day such violation continues shall constitute a separate offense.

12.92 Remedies. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of this ordinance, the building inspector, legal officer, or other appropriate authority or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation; or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues shall be deemed as separate offense and shall be subject to the fines and penalties specified.

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 one (1) year 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, provided that an extension of such time, not to exceed six (6) months, may be granted by the city council under special circumstances upon written request by the applicant.

(Ord. No. 14-1208, 12-8-2014)

Editor's note— Ord. No. 99-1026, § 8, adopted Oct. 26, 1999 deleted § 12.10 which pertained to reversionary clause and derived from Ord. No. 92-0414, adopted July 14, 1992.

Fees for appeals to the board of adjustment and for applications requesting a zoning amendment to this ordinance are established as follows:

12.11.1 A flat administrative and review fee of fifty dollars ($50.00) shall accompany each request for appeal or zoning amendment.

12.11.2 In addition, the actual costs for legal advertisement of the request and notification of parties in interest shall be paid by the applicant prior to any decision by the board of adjustment, the city council or the planning commission.

12.11.3 Fees for sign permits shall be forty cents ($0.40) per square foot per face, but in no case less than fifteen dollars ($15.00).