1801.01 Zoning Enforcement Officer. The Zoning Officer is hereby authorized, and it shall be his duty to enforce and administer the provisions of this Ordinance. He shall give information upon request as to the provisions of the Ordinance; shall interpret the meaning of the Ordinance, and/or any part thereof, in the course of the administration of said Ordinance; and shall conduct or direct the inspection of any property or premises, and any building or structure, as necessary to carry out the enforcement of this Ordinance.

1801.02 Zoning approval and building permit required. No building, sign, or other structure shall be erected, placed, moved, extended, enlarged or otherwise structurally altered, on any property, until the Office of Inspection Services has issued a building permit for such work. However, the Office of Inspection Services shall not issue a building permit until such proposed erection, placement, movement, extension, enlargement or other alteration is first certified to be in conformance with the provisions of the Zoning Ordinance by the Department of Inspections. Where such conformity is determined to exist, the Department of Inspections shall issue certification in the form of a zoning approval.

In no case shall a zoning approval be issued for the erection, placement, movement, extension, enlargement or other alteration of any structure that is not in conformity with the provisions of this Ordinance.

1801.03 Application for zoning approval. All requests for a zoning approval must be made in the Office of the Zoning Officer. Applicants for such approval must provide the legal description of the property as of public record; their name, and the name(s) of the property owner(s) (if different); a description of the uses to be established or expanded; and any other information as may be required to determine whether the provisions of this Ordinance are being observed. In addition, each applicant for a zoning approval must submit a dimensioned drawing of the parcel or tract of property in question, showing the location of all buildings and structures, both existing and proposed; all lot areas, and how they are to be used; parking areas; and water supply and sewage disposal facilities.

1801.04 Remedies and penalties for violation. The following penalties shall apply:

a)

It shall be unlawful to erect, construct, reconstruct, alter, maintain, use or occupy any land in violation of any regulation in; any provision of; or any amendment to this Ordinance, as enacted or adopted under the authority of this said Act. Any person, firm or corporation violating any such regulation, provision or amendment shall be guilty of a misdemeanor; and upon conviction thereof, shall be fined not more than $100.00 or imprisoned not more than ten days, or both. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance, use or occupancy continues shall be deemed a separate offense; provided, however, that prior to any criminal prosecution, the Zoning Officer or his representative shall give a written notice or citation to the person, firm or corporation violating this Ordinance, stating the rule or regulation being violated, and notifying said person, firm or corporation to cease and desist such violation immediately, or said person will be prosecuted as provided for herein.

b)

In case any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, maintained, used or occupied in violation of any regulation or provision of this Ordinance, or amendment thereof, as enacted or adopted by the City, the Zoning Officer may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance, use or occupancy.

c)

The Zoning Officer may intervene in any action, suit or other proceedings wherein there is involved any violation of any regulation or provision of this Resolution [Ordinance], or amendment thereof, as enacted or adopted by the City. When the Zoning Officer so intervenes hereunder, that official shall be deemed to be, and shall be treated as, an original party to the action, suit or proceedings. It is the intent of this Section that any action, suit or proceedings in which the Zoning Officer intervenes shall proceed the same as if the Zoning Officer had been an original party, insofar as any statute, act or rule prohibiting an entire change of parties is concerned. The provisions of this Section shall also apply to any action, suit or proceedings pending at the time of its adoption.

The provisions of this section, including the zoning maps, may from time to time be amended, supplemented, changed, modified, or repealed by the city council of the city of center point in accordance with the procedure stated in this section. It shall further be provided that, for the purposes of this article, any use of the word "petition" shall include the word "application", and any use of the word "application" shall include the word "petition."

1802.01 Petition to amend. Petitions to amend this Ordinance may be initiated only upon filing of an application with the City of Center Point Planning and Zoning Commission. Such application may be filed by:

a)

The owner of the parcel or parcels of land that is the subject of the proposed amendment;

b)

The authorized agent of such owner, in which case a notarized letter is required; or

c)

Any member of the City Council of the City of Center Point, in which case a rezoning of any parcel of land (within the zoning jurisdiction of the City of Center Point) may be initiated by introduction of a resolution for such purpose.

1802.02 Application for a change of zoning. An application for any change of zoning must be filed in the office of the Zoning Officer, and shall be scheduled for hearing by the Planning and Zoning Commission in accordance with the hearing and application deadline dates adopted by resolution of the Center Point City Council. The application itself shall, at a minimum, include the following:

a)

A statement as to the nature of the proposed amendment;

b)

A parcel identification number or legal description of the property involved;

c)

The name and address of the owner(s) of the property;

d)

Descriptive information as to how the petitioner proposes to utilize the parcel of land (plot plan, drawings, sketches, etc.); and

e)

A list of the names and addresses of all owners of property as shown by the records of the Tax Assessor of Jefferson County located, in whole or in part, within 500 feet of the boundaries of the parcel or properties to be considered for rezoning pursuant to the application (the "Tax Assessor's List"). The cost of postage to reimburse the City for giving all required notices of public hearings pursuant to this Ordinance shall be paid to the City prior to any scheduled public hearing.

f)

A fee, as indicated in the City fee schedule, is required from the applicant or agent at the time the application is made.

1802.03 Action on applications by Planning and Zoning Commission. No amendment to this Ordinance shall become effective unless the application therefor has been submitted to the Center Point Planning and Zoning Commission for a recommendation. The Planning and Zoning Commission shall consider said application and shall conduct a public hearing thereon at the first regularly scheduled meeting or special called meeting following filing of the application for same as set forth hereinabove. The Planning and Zoning Commission shall have up to 30 days after that public hearing in which to make a recommendation to the City Council. The recommendations of the Planning and Zoning Commission shall be advisory only, and shall not be binding on the City Council. Failure of the Planning and Zoning Commission to make such recommendation within said 30 day period shall constitute a favorable recommendation.

1802.04 Notice of public hearing before Planning and Zoning Commission. At least fifteen (15) days prior to the said meeting of the Planning and Zoning Commission the City shall give written notice of a public hearing on said application to all property owners as set out in the Tax Assessor's List. Such notice shall be on the form provided by the City and be deemed given when deposited in the United States Mail in the form of certified mail, addressed to those property owners at their addresses as shown on the Tax Assessor's List. A copy of each certified mailing receipt shall be provided by the City prior to the public hearing. At a minimum, such notice shall contain the following:

1.

The name of the applicant;

2.

The location of the property;

3.

The proposed use of the property; and

4.

The time, date and location of the Planning and Zoning Commission Public Hearing.

1802.05 Action on application by City Council. No changes or amendments in the provisions of this Ordinance shall become effective until after an advertised public hearing is held by the City Council in relation thereto, at which time both the parties to the application and citizens in interest shall have an opportunity to be heard. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council shall schedule a public hearing on said application.

1802.06 Notice of public hearing before City Council. Notice of the public hearing shall be given prior to adoption of the amendment as follows:

(1)

The proposed amendment shall be published in full for one insertion and an additional insertion of a synopsis of the proposed amendment, one week after the first insertion, which synopsis shall refer to the date and name of the newspaper in which the proposed amendment was first published; both such insertions shall be at least fifteen (15) days in advance of its passage and in a newspaper of general circulation published within the City, together with a notice stating the time and place that the amendment is to be considered by the City Council and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment; and.

(2)

At least fifteen (15) days prior to the said meeting of the City Council the City shall give written notice of a public hearing on said application to all property owners as set out in the Tax Assessor's List. Such notice shall use the form provided by the City and be deemed given when deposited in the United States Mail in the form of certified mail, addressed to those property owners at their addresses as submitted by the applicant at the time application is made. A copy of each certified mailing receipt shall be provided by the City prior to the public hearing. At a minimum, such notice shall contain the following:

1.

The name of the applicant;

2.

The location of the property;

3.

The proposed use of the property; and

4.

The time, date and location of the City Council Public Hearing.

1802.07 Time limit. After the City Council has voted on an application for rezoning, or for any other amendment to this Ordinance, another application for the same kind of rezoning of the same tract or parcel or land; or for the same kind of change to the same portion of the Ordinance; will not be considered until a period of one year has elapsed from the date of such action by the City Council. Furthermore, a withdrawal of any application for rezoning after hearing has been held by the Planning and Zoning Commission, but prior to hearing by the City Council shall also require a one-year period of time before another application of the same nature may be submitted. The Planning and Zoning Commission may adjust the time period set forth herein if, in the opinion of a majority of said Commission, either an unusual situation exists, or there has been a substantial change in the circumstances surrounding the application or the property which would warrant another hearing prior to the conclusion of the specified one year period.

(Ord. No. 2017-2, § 1, 4-27-2017)

The following schedule of fees shall apply to action under this Ordinance. All funds collected under the provisions of this Ordinance shall be paid to the General Fund of the City of Center Point, Alabama.

1803.01 Fireworks trailer permit fee. The permit fee for each fireworks trailer shall be $250.00 per selling season.

1803.02 Mobile home permit fee. The mobile home permit fee for each mobile home, including construction trailers and trailers used for security purposes, shall be $75.00.

1803.03 Home occupation fee. The application fee for each home occupation shall be $200.00.

1803.04 Sign fees. Refer to sign ordinance 2002-06 [City Code, chapter 42].

1803.05 Beverage license application fee. An application fee, in the amount specified herein below, shall be required for the filing of all applications for a license to sell alcoholic beverages:

a.

Three hundred dollars for all beverage license applications which require a public hearing; or

b.

Two hundred dollars for all other beverage license applications.

1803.06 Requests before the Planning and Zoning Commission. The following fees are hereby fixed and assessed as the application fees for the filing of requests for rezoning:

a.

For upgrades in zoning for individual single-family residential uses, a fee of $100.00 shall be charged.

b.

For changes of zoning for the development of a residential subdivision, an initial minimum fee of $200.00 shall be required for the first lot, plus an additional $10.00 for each additional lot thereafter.

c.

For all other rezoning applications, an initial minimum fee of $200.00 shall be required for the first acre (or less), plus an additional $10.00 for each additional acre (or portion thereof) thereafter.

1803.07 Requests before the Board of Zoning Adjustment. The following fees are hereby fixed and assessed as the application fees for the filing of requests for hearing by the Board of Zoning Adjustment:

a.

For petitions involving an existing individual single-family residential use, including a mobile home, a fee of $75.00 shall be charged.

b.

For petitions intended to allow the establishment of a new individual single-family residential use, including a mobile home, a fee of $200.00 shall be charged.

c.

For all other petitions to be heard by the Board of Zoning Adjustment, an application fee of $300.00 shall be charged.

1803.08 General provisions regarding all application fees. The application fees specified in this Section shall be retained by the City, and shall not be conditioned upon, or related in any way to, any action taken with respect to said applications. In the event that a request for withdrawal or postponement is received after the required public notice has been given, there shall be no refund. If a hearing at a later date is desired, an additional fee, in the same amount as the initial fee, shall be charged.

1803.09 Fee exemptions. The following groups are exempt from all zoning fees of this Section: churches, City properties, and projects funded by the City of Center Point.