(A)

General provisions.

(1)

Building department. The building official shall administer and enforce this ordinance. In carrying out his or her duties under this ordinance, the building official shall:

(a)

Applications. Receive all applications for building permits, certificates of zoning compliance, historical review, special exceptions and variances, review/approve such applications or refer them to the appropriate board as required herein, make necessary certifications, and issue the necessary certificates and approvals;

NOTE: All applications for rezoning, annexation, ROW vacations, and subdivision review shall be submitted directly to the planning department.

(b)

Records. Maintain records of all actions taken under this ordinance;

(c)

Hearings. Represent the municipality in all public hearings before the city council, and the board of adjustment and present facts and information to assist the council or board in reaching a decision consistent with the provisions of this ordinance;

(2)

Permits, certificates and licenses. No building or other permit, certificate or other document of approval, or license, the use of which may be subject to the provisions of this ordinance, shall be issued by any department, agency or board of the city until the building official shall have certified that the use to be made of the permit, certificate or other document, or license, is in compliance with the provisions of this ordinance.

(a)

Building permit. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefore issued by the building official. No building permit shall be issued by the building official except in conformity with the provisions of this ordinance unless he receives a written order from the board of adjustment in the form of an administrative review, special exception, or variance, as provided by this ordinance.

(b)

Certificate of zoning compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the building official stating that the proposed use of the building or land conforms to the requirements of this ordinance.

No nonconforming use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the building official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or structures shall have three (3) months to apply for certificates of zoning compliance.

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.

A temporary certificate of zoning compliance may be issued by the building official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(c)

Plans required. Unless furnished with the application for a building permit, each application for a certificate of zoning compliance shall be accompanied by a site plan, in duplicate and drawn to scale, showing the locations and dimensions of existing and proposed structures with supporting open facilities, the ground area to be provided and continuously maintained for the proposed structure or structures. The application shall include such other information as lawfully may be required by the building official, including existing or proposed uses of the building and land, the number of dwelling units the building is designed to accommodate, and such other matters as may be necessary to determine conformance with the requirements of this ordinance.

One (1) copy of the plans shall be returned to the applicant by the building official, after he shall have marked such copy either as approved or disapproved and attested to such approval or disapproval by his signature on such copy. One (1) copy of the plans, similarly marked, shall be retained by the building official.

(3)

Special exception uses. The following procedure shall be followed in processing for special exception uses:

(a)

Application for special exception. Within ten (10) days of the receipt of an application, the building official shall transmit the application, together with his report and recommendation, to the board of adjustment, which shall process the application in accordance with its procedure under state law and applicable provisions of this ordinance. The board of adjustment shall approve or disapprove the application in accord with its rules and procedures.

(4)

Enforcement: Violations and penalties. The building official shall enforce this ordinance. He may be provided with the assistance of such other persons as the city council may direct.

(a)

Violations. If the building official shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, building or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the building official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this ordinance.

(b)

Penalties. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violation of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor which shall be punishable as provided in Chapter 1, Section 1-6 of the Code of the City of Florence, Alabama, as amended. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(5)

Schedule of fees, charges and expenses. The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, applications for amendment, approval of special plans, special exception, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the building official and may be altered or amended only by the city council.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(B)

Board of adjustment.

(1)

Establishment and procedures. A board of adjustment is hereby established in accordance with Code of Ala. 1975, § 11-52-80. The board shall consist of five (5) members, each to be appointed for a term of three (3) years and removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(a)

Proceedings. The board of adjustment shall adopt rules for the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

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

(b)

Hearings; appeals; notice. Appeals to the board of adjustment concerning interpretation or administration of the ordinance may be taken by any person aggrieved or by any officer, department, or agency of the city affected by any decision of the building official. Such appeals shall be taken within a reasonable time, but not to exceed thirty (30) days, by filing with the building official and with the board of adjustment a notice of appeal specifying the ground thereof. The building official shall transmit forthwith to the board all papers constituting the record upon which the action appealed from was taken.

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any person may appear in person or by agent or attorney.

(c)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the building official certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificates a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the building official, and on due cause shown.

(2)

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

(a)

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

(b)

Special exceptions; conditions governing application. To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance; or to deny specific exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the board of adjustment unless it shall find that all of the following conditions exist:

1.

That it is empowered under the section of this ordinance described in the application to grant the special exception;

2.

That the granting of the special exception will not adversely affect the public interest;

3.

That specific rules governing individual special exceptions, as set out in the chart of permitted uses, have been or will be complied with;

4.

That satisfactory provision and arrangement have been made concerning the following where applicable:

a.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

b.

Off-street parking and loading areas where required, with particular attention to items in (a) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;

c.

Refuse and service areas, with particular reference to the items in (a) and (b) above;

d.

Utilities, with reference to location, availability, and compatibility;

e.

Screening and buffering with reference to type, dimensions and character;

f.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and other properties within the area;

g.

Required yards and other open space; and

h.

General compatibility with adjacent properties and other property in the district.

5.

That the special exception will be in harmony with the general purpose an intent of this ordinance.

(c)

Variances; conditions governing applications. 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 and circumstances, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless it shall make specific findings that all of the following conditions exist:

1.

That the applicant has demonstrated by written application:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b.

That the special conditions and circumstances do not result from the actions of the applicant;

c.

That an unnecessary hardship is created by the physical character of the property and is peculiar and unusual to such an extent that it is evident that amendment of the this ordinance does not offer a reasonable solution;

d.

That literal interpretation of the provisions of thus ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. Among such rights commonly enjoyed is the right to a reasonable economic return, but such return shall be deemed reasonable if it is equivalent to the economic return which might generally be expected in the district and shall not be based on price paid for the property by the applicant, whether or not paid in reliance on zoning, since any hardship of this kind would be self-inflicted and generally applicable to other properties in the district for which similar price have been or might be paid, rather than to the property of the applicant alone;

e.

That the granting of the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district, other than to permit the applicant to use his property in a manner as nearly equivalent to uses generally permitted in the district as can be allowed with appropriate protection of general public interest, and considering the peculiar and unusual conditions and circumstances involved and the hardship created by such conditions and circumstances; and

f.

That the use proposed is permissible by right or by special exception. With respect to the uses of land or structures, this ordinance is declared to be a definition of the public interest and intent, and the spirit of the ordinance will not be observed by any variance permitting a use not permissible by right or by special exception.

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

2.

That the reasons set forth in the application justify the granting of the variance or of a lesser variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, structure or building, subject to the limitations set forth herein;

3.

That the variance will be in harmony with the general purpose and intent of this ordinance and will not alter or be injurious to the essential character of the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under this ordinance.

(d)

Powers on appeals. In exercising the above mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the building official from whom the appeal is taken.

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

(3)

Appeals from the board of adjustment. Any person or any officer, department, or agency of the city aggrieved by any decision of the board of adjustment may within fifteen (15) days thereafter appeal to the Circuit Court of Lauderdale County by filing with such board a written notice of appeal specifying the decision from which the appeal is taken. In case of such appeal, the board of adjustment shall cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken, and the case in such court shall be tried de novo.