The Zoning Enforcement Officer shall be the Elberta Building Inspector or other official as designated by the Building Inspector whose duties shall be as follows:

12.1.1

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 of 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.

12.1.2

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 Building Inspector.

12.1.3

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:

12.2.1

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.

12.2.2

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:

12.2.2.1

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

12.2.2.2

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;

12.2.2.3

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 causes for such disapproval. Issuance of a building permit, shall, in no case, be construed as waiving any provisions of this ordinance on the part of the builder/owner or applicant.

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 Town of Elberta, Alabama, is hereby established; and the following rules are set forth to govern its operation:

12.3.1

Membership. The Board of Adjustment shall consist of five (5) members, appointed by the Mayor upon recommendations provided by the Town Council, for overlapping terms of three (3) years.

12.3.2

Initial Appointment. The initial appointment of the Board of Adjustment shall be as follows: two members for one year; two members for two years; and one member for three years.

12.3.3

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

12.3.4

Public Offices Held. No member shall hold any other public office or position, except that one member may be a member of the Town Planning Commission.

12.3.5

Rules of Procedure. The Board of Adjustment shall observe the following procedures:

12.3.5.1

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

12.3.5.2

Said Board shall elect one of its members, other than a member of the Planning Commission, as Chairman, who shall serve for one year or until he is re-elected or his successor is elected. Said Board shall appoint a Secretary.

12.3.5.3

The meetings of the 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.

12.3.5.4

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

12.3.5.5

Said board shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing 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.

12.3.6

Duties and Powers. The Board of Adjustment shall have the following duties and powers:

12.3.6.1

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.

12.3.6.2

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.

12.3.6.3

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, owning 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.

12.3.6.4

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:

12.4.1

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.

12.4.2

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; fences, street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.

12.4.3.

This space left blank for future use.

12.4.4

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

12.4.5

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.

12.4.6

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.

12.4.7

Limitation, Withdrawal, Citizen Appeals.

12.4.7.1

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.

12.4.7.2

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.

12.4.7.3

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 Building Inspector, the Planning Commission, or any person, firm or corporation, shall be treated in accordance with the following procedures:

12.5.1

An application must be submitted in writing to the zoning enforcement office at least fifteen (15) days prior to the regularly scheduled meeting of the Elberta 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.

12.5.2

The application shall be reviewed by the Planning Commission at its next regular meeting and said commission shall have thirty (30) days from said regular meeting within which to submit a recommendation to the Town Council. If the commission fails to submit a recommendation to the Town Council within the thirty (30) day period, it shall be deemed to have approved the proposed amendment.

12.5.3

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

12.5.4

Said public hearing shall be held at the earliest possible time to consider the proposed zoning amendment, and the council shall take action on said proposed zoning amendment within forty-five (45) days from the date of the public hearing except in the case where the tentative action is not in accordance with the Planning Commission's certified recommendation. In such case, the council shall not make any change in or departure from the text or maps, as recommended and certified by the commission, unless such change or departure be first resubmitted to the commission for an additional review and recommendation. The commission shall have thirty (30) days to resubmit its recommendation.

12.5.5

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.

12.5.6

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. of 6-17-2003)

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

Land newly annexed to the Town of Elberta shall be immediately placed into a municipal zoning district that is the most similarly analogous to the property within the Town it abuts or its current use, whichever is most applicable. However, a property owner may contract with the municipality for a particular zoning classification of its/his/her property requested to be annexed. Upon annexation, the Town Clerk shall submit a "Notice/Request for Zoning" of said property to the Planning Commission with the Town Council's recommendation and/or any request of the property owner and/or any agreement for zoning with the Town. Thereafter, the "Notice/Request for Zoning" shall follow all the procedures pursuant to procedures for amendments to the Zoning Ordinance.

12.8.1

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.

12.8.2

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.

12.8.3

The Planning Commission shall hear and recommend to the Building Inspector 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.

12.8.4

The Planning Commission shall hear and recommend to the Board of Adjustment on all matters of special exceptions and zoning variances.

12.8.5

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.

12.9.1

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.

12.9.2

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. An extension of such time, not to exceed six (6) months, may be granted by the Zoning Administrator under special circumstances upon written request by the applicant.

(Ord. of 9-18-2007)

12.11.1

A fee of One Hundred dollars ($100.00) shall accompany each request for appeal or zoning amendment.

12.11.2

A fee of twenty-five [dollars] ($25.00) for site plans review shall accompany each request.

12.11.3

Fees for sign permits shall be forty cents ($0.40) per square foot per face, but in no case less than twenty-five ($25.00) dollars.

12.11.4

In addition to the fees identified above, the actual costs for legal advertisement of the request and notification of parties and/or any other costs or expenses for professional review of plans and/or specifications of the applicant at the sole discretion of the Planning Commission in interest shall be paid by the applicant prior to processing the application and if any additional amounts are due for any other fees or expenses same shall be paid before any decision by the Board of Adjustment or the Building Inspector.

12.11.5

An administrative fee of twenty-five dollars ($25.00) shall accompany each Land Use Certificate. This fee is separate from any building permit fees charged by the permitting department.

(Ord. of 6-17-2003; Ord. of 9-18-2007)