13.01.01 Enforcing Officer. The provisions of this Ordinance are administered and enforced by the Zoning Official, who has the right to enter upon any premises at any reasonable time prior to the issuance of Certificate of Occupancy to inspect buildings or premises as necessary to enforce this Ordinance.

13.01.02 Permit Required. It is unlawful to commence excavation for the construction of any structure, including accessory structures, signs or pools; or to commence the demolition of any structure; or to store building materials or erect temporary field offices; or to commence the moving, or alteration (except repairs, painting or wall papering and work not changing the character of the structure) of any structure, including accessory structures, signs and advertising structures; until the Zoning Official has issued for any and all such work a building permit stating that plans have been reviewed for compliance with this Ordinance. Application for permits required under this Ordinance must be made to the Zoning Official on forms provided for that purpose. The Council may from time to time set fees it finds appropriate to various types of permits.

13.01.03 Plans Required for Building Permit. The Zoning Official may not approve any plans or issue any building permit until such Official has reviewed such plans and found them in conformity with this Ordinance. Permit applications must be accompanied by the materials listed in the Appendix and in sufficient detail to enable the Zoning Official to ascertain whether the proposal conforms to this Ordinance:

13.01.04 The Zoning Official forwards copies of the plans to the Fire Chief, Street Superintendent, Water Board, and Police Chief for review and comment. The Zoning Official must provide the applicant with a decision on the application within two weeks of submittal. The reasons for disapproval, along with all review comments, will be stated in writing to the applicant.

13.01.05 A reproducible set of the final approved site plan must be submitted by the applicant and retained on file by the Zoning Official. All subsequent building permits and subdivision plats submitted by the applicant must be in substantial accord with the final approved site plan.

13.01.06 An approved site plan becomes null and void if significant development does not commence within 12 months of approval.

13.01.07 Expiration of Building Permit. Any permit under which no construction work has been done above the foundation wall or other foundation support within six months from the date of issuance shall expire by limitation, but shall upon reapplication, be renewable, subject, however, to the provisions of any Ordinances in force at the time of said application for renewal. In no event shall any permit be renewed more than one time.

13.01.08 Certificate of Occupancy

A.

No land or structure or part thereof hereafter erected, moved or altered in its use may be used until the Zoning Official has issued a certificate of occupancy stating that such land or structure or part thereof conforms to this Ordinance.

B.

Within three days after the owner or his agent has notified the Zoning Official that a building or premises or part thereof is ready for occupancy or use, the Zoning Official must make a final inspection thereof, and issue a certificate of occupancy if the building or premises or part thereof is found to conform to this Ordinance or, if the certificate is refused, to state the refusal in writing with the cause.

C.

The Board of Adjustment hears appeals from the decision of the Zoning Official. One copy of the signed statement by the owner or owner's agent regarding the intended use of the premises, and a signed refusal (if any) is kept on file with the records of the Zoning Official.

A schedule of fees for consideration of all approvals, permits, certificates, and public hearings required under this Ordinance may be established by the Council. Such fees are set to recover all costs incurred by the City in reviewing and processing zoning-related requests, including advertising fees.

13.03.01 Development Plans in the Planned Business District must be reviewed by the Commission and approved by the Council. Development Plans for multifamily, townhouse and other residential developments involving subdivision or resubdivision must be reviewed and approved by the Commission as part of the plat approval process.

13.03.02 Applications for Development Plan approval must be submitted to the Zoning Official and accompanied by the application fee and a conceptual plan showing the entire development site and all stages or phases and illustrating the overall development concept. The Development Plan must be prepared by an engineer or architect registered in the State of Alabama and must include the materials listed in the Appendix.

13.03.03 Once approved, a Development Plan is binding on the development of the site, and each phase or stage must be substantially consistent with the Plan. The Zoning Official will cause work on the development to stop if it substantially deviates from the approved Plan. Before work may recommence, the Development Plan must be resubmitted to the approving authority for review and approval. Any of the following constitutes a substantial deviation:

A.

An increase or reduction in the land area of the project site.

B.

A change in the total number, or in the type, of dwelling units approved.

C.

Provision of less than the approved percentage of resource protection, recreation or open space land.

D.

Any significant addition, removal, or rearrangement of land uses or streets.

13.03.04 Approval of a Development Plan expires 24 months after approval unless significant progress has been made toward implementation of the development.

The provisions of this Ordinance and the Zoning Map may be amended or repealed by the City Council in accordance with the procedure stated herein.

13.04.01 Amendments may be initiated by the owner of the subject property or their authorized agent, the Commission or the Council.

13.04.02 Action On Petition.

A.

A zoning amendment application and application fee must be submitted to the Zoning Official at least 15 working days prior to the next regularly scheduled meeting of the Commission to be considered at that meeting.

B.

After holding its public hearing on the matter, the Commission has 60 days to make recommendations to the Council. The recommendations of the Commission are advisory only. Failure of the Commission to make its recommendation within the prescribed time constitutes a favorable recommendation.

C.

Following receipt of the Commission's recommendation, a public hearing will be held by the Council, after which the Council will render its decision.

D.

Notice of the time and place of public hearings will be given as required by state law. Written notice will be given to all owners of adjoining and adjacent property. An additional notice will be posted on or as near the site as possible to serve as visual notification to the public. The requirements for the notice are defined by the City of Enterprise.

E.

In the case of multiple zones on one parcel of real property, each zone shall be rezoned independently and shall constitute its own request.

13.04.03 No action may be initiated for an amendment to this Ordinance affecting the same parcel of land more than once a year, unless specifically authorized by the Council on the grounds that the circumstances and conditions relevant to the amendment request have changed significantly since the prior hearing.

(Ord. No. 07-16-24, § 3, 8-20-24)

In accordance with §11-52-11 of the Code of Alabama, 1975, as amended, the Commission is authorized to review the character, location and extent of any public street, square, park or other public way, ground, open space or structure, or any major utility project, whether publicly or privately owned. The purpose of this review is to determine whether or not such projects are consistent with the goals and policies of the Comprehensive Plan. The Commission's findings and recommendations are transmitted to the Council.

13.06.01 Any person, firm, corporation, or other organization which violates any provisions of this Ordinance will be fined, upon conviction, not less than $25.00 nor more than $500.00 plus court costs for each offense. Each day the violation continues constitutes a separate offense. The conviction of a violation and imposition of any fine does not constitute an exemption from compliance with this Ordinance. In case any structure is constructed, reconstructed, altered, repaired, converted, or maintained; or any structure or land is used in violation of this Ordinance, the Zoning Official may seek an injunction or writ of mandamus or take other appropriate action or proceedings to stay or prevent occupancy of such structure or land.

13.06.02 Unlawful Structure. Any uses of land or dwellings or construction or alteration of structures erected, altered, razed or converted in violation of any provision of this Ordinance are hereby declared to be a nuisance per se. The Zoning Official is hereby authorized to apply to a court of competent jurisdiction to abate the nuisance created by unlawful use of a structure or land. When the Zoning Official has declared a structure to be in violation of this Ordinance, the owner or occupant must, within 72 hours from receipt of notification from the Zoning Official to vacate the premises, until the structure or premises has been made to conform to this Ordinance. Such notification will be provided:

A.

By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or

B.

By depositing the notice in the United States as first class certified mail; or

C.

By posting and keeping posted for 72 hours, a copy of the notice in a conspicuous place on the premises to be repaired.

Building Permit Application Requirements

1.

Cover sheet with:

a)

Name and location of the development; name, address and signature of the owner; and, name, address, and seal of the engineer and/or architect;

b)

Vicinity map;

c)

Zoning and existing and proposed land use of the site; and

d)

Date, scale, north arrow, and number of streets.

2.

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

3.

The shape, size, and location of all structures to be erected, altered, or moved, and of any structures already on the lot, both above and below grade.

4.

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

5.

Site layout, including property dimensions, rights-of-way, easements, location and dimensions of all buildings (existing and proposed), setbacks, driveway access, off-street parking and loading, circulation, screening, buffer yards, and landscaping.

6.

The setback and side lines of buildings on adjoining lots and such other information concerning adjoining lots as necessary for determining conformance with this Ordinance.

7.

The location of fire lanes and fire hydrants with adequate water flow.

8.

Deed restrictions and covenants pertaining to the subject property.

9.

Drainage, paving, grading and excavation, erosion and sedimentation control plan, storm water detention, floodplain management controls.

10.

Public and private utilities, including sewage disposal system and water system.

Development Plan Submittal Requirements

1.

Vicinity map, north arrow, scale, accurate shape proportion and dimensions of the site, name of property owner, developer and person drawing map.

2.

Site Plan, drawn to scale and showing (as applicable):

a)

Existing and proposed topography of the site and the surrounding area at least two-foot contour intervals and showing the location of existing woodlands, streams, and other significant land features.

b)

Existing land uses and development adjoining the project site.

c)

Rights-of-way and pavements, including dimensions of all streets and common drives within the development and access to the surrounding public street system.

d)

The type, location, and dimensions of all existing and proposed structures.

e)

Location and dimensions of existing and proposed curb cuts, driveways, off-street parking and loading areas, walkways.

f)

The location, extent, and approximate acreage of all resources protection, recreation, and open space lands and other common areas.

g)

Location of all common amenities such as clubhouses, swimming pools, laundries, etc.

h)

Landscape plan showing the location and dimensions of buffers, screening, landscaping, walls and fences.

i)

Location of all utilities and surface water drainage facilities.

j)

Location and proposed manner of illumination of signs.

3.

Drawings showing the appearance of principal buildings or typical dwellings and grounds.

4.

A written narrative, illustrated as appropriate, addressing the following (as applicable):

a)

A general description of the proposal;

b)

Number of acres and percentage designated for each proposed land use;

c)

Total number of dwelling units proposed and the proposed density in units per acre;

d)

Total floor area of proposed commercial or other nonresidential use;

e)

Percentage of the site to be covered by buildings;

f)

Number of employees excepted per shift;

g)

Area proposed to be devoted to open space and description of all common amenities;

h)

The proposed standards for the development of the project, including density standards, yard requirements, lot sizes, and restrictive covenants;

i)

A plan for the provision of utilities and storm drainage facilities;

j)

Plans for parking (including total number of parking spaces for the use proposed), loading, access, signage, and means of protecting adjacent areas from any potential adverse impacts;

k)

Method for dedicating or reserving land or facilities for public use or for the use of the property owners in the project.

5.

Proposed restrictive covenants or other restrictions on the use of the property.

6.

Description of any exceptions or variances, if any are being requested of the Board of Adjustments.

7.

A statement defining the manner in which the City is to be assured that all improvements are to be installed and maintained.

PRD Development Plan Submittal Requirements

1.

Preliminary Development Plan. Drawings must be approximately to scale and include the following:

a)

Vicinity map showing the location of the proposed project.

b)

Site map showing the property boundaries and ownership of abutting property.

c)

Existing zoning map, indicating the zoning classification of the tract and all properties within 500 ft.

d)

Existing site conditions map.

e)

Development plan showing the total project including:

1.

Conceptual circulation plan, including whether streets will be public or private, shown in relationship to external streets (with street name and existing right-of-way width noted).

2.

Conceptual drainage plan.

3.

Conceptual open space plan showing common areas to remain in private ownership and proposed public dedication sites, if any.

4.

A proposed use plan showing the location of acreage of distinct use areas including:

•

Type and number of structures to be built by area (i.e., detached single-family, attached single-family, multifamily, retail, office).

•

Density of each residential development area calculated in gross acres.

f)

Phasing plan, if involving multiple phases of development.

2.

Preliminary Development Plan Narrative:

a)

Evidence that the proposal is compatible with the Comprehensive Plan.

b)

Evidence that the proposal meets the purpose for PUD development and community objectives and description of community benefits to be achieved as described in Section 6.03.

c)

Preliminary information regarding normally required zoning and subdivision standards to be modified and alternative standards to be proposed.

d)

A general description of any community facilities to be provided, such as school sites, fire stations or recreation facilities, if any.

e)

Preliminary information regarding restrictive covenants and form of ownership and maintenance of any common open spaces and facilities.

3.

PRD Development Plan. Drawings must be to scale and show the following:

a)

Total project plans and conditions:

1.

The property boundaries, including metes and bounds.

2.

An area map showing the applicant's entire holding and all properties, streets, rights-of-way and easements within 300 ft of the property.

3.

Topographic map with five-foot contour intervals

4.

Phasing plan, if applicable, showing areas already developed, areas for which development approval is being requested, and areas for future development with approximate timetable for completion.

b)

Development Plan showing the total project including:

1.

Proposed use plan showing the location and acreage of distinct land use areas including:

•

Type and number of structures to be built by area (i.e., detached single-family, attached single-family, multifamily, retail, office).

•

Density of each residential area calculated in net acres.

2.

Site plan showing location, use, scale and orientation of all buildings other than detached single-family dwellings.

3.

Conceptual lotting plan for attached and detached single-family dwellings.

4.

The internal street network shown in relationship to external streets with street name and existing right-of-way width noted.

5.

Conceptual drainage and utilities plan, including method of sewage disposal and location of such facilities.

6.

Open space plan, including identification of improved and unimproved open spaces and area and overall dimensions of each required open space.

7.

Parking master plan, including location and circulation pattern of all nonresidential and common parking areas.

8.

Signage master plan, including location, height and size of all freestanding signs.

9.

Landscaping plan, including location, overall dimensions and design approach to parking lot landscaping, screening, buffers and open spaces.

10.

Location and design of lighting facilities.

4.

PRD Development Plan Narrative.

a)

Evidence that the proposal is compatible with the Comprehensive Plan.

b)

Evidence that the proposal meets the purpose for PRD development and community objectives and description of community benefits to be achieved as described in Section 6.03.

c)

Prototype development plans and schedule to show lot sizes, setbacks, typical structure arrangements, access and parking provisions.

d)

Complete description of all normally required zoning and subdivision standards to be modified and proposed alternative standards.

e)

Description of community facilities to be provided, such as school sites, fire stations or recreation facilities, or statements on which existing facilities will be used by the proposed residents of the project.

f)

Proposed restrictive covenants including how any common open spaces and facilities are to be owned and maintained; design standards and method of implementation.

Site Plan requirements for Temporary Uses

Site plans must be drawn to a scale not less than one inch = 100 ft and must show the following:

1.

North arrow and scale;

2.

All property lines;

3.

Location with dimensions and use of all proposed and existing structures and portions of the premises to be occupied by the temporary use;

4.

Location and dimensions of all parking areas;

5.

Location of all public streets, driveways, walkways and curb cuts to be used;

6.

Location and direction of all exterior signs and lighting;

7.

Location of all water and sewer taps;

8.

Location and type of all electrical connections;

9.

Location of nearest fire hydrant;

10.

Certification by registered traffic engineer that adequate provisions have been made for traffic management on the site. The Zoning Official may waive the certification if deemed unnecessary due to intensity of use.