The provisions of this Ordinance shall be administered and enforced by the Community Development Director of the City, or his/her designees.

4.1.1

General.

The provisions contained in this Article are cumulative to the requirements, provisions, and regulations found elsewhere in this Zoning Ordinance. These Provisions should be read in conjunction with the other provisions of this Zoning Ordinance. In the event of a conflict or discrepancy between any provision found in this Article and any other provision found in this Article, this Zoning Ordinance, or elsewhere, the more burdensome regulation, provision, or interpretation shall apply.

4.1.2

Interpretation and Purposes.

In their interpretation and application the provisions of this Ordinance shall be considered minimum requirements adopted for the promotion of the public health, safety, morale, convenience, order, prosperity, and general welfare of the community. Where other Ordinances or regulations heretofore adopted or which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other Ordinances or regulations is mandatory.

Unless elsewhere exempt under the municipal ordinances pertaining to building permits, it shall be unlawful to commence construction of any building or other structure, including accessory structures, fences and signs, or erect temporary field offices, or to commence the moving, alteration, or repair of any structure, until the Building Official of the City 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 a building permit shall be made to the City on forms provided for that purpose.

4.2.1

Review of Building Permit Applications.

It shall be unlawful for the Community Development Director of the City to approve any plans or the Building Official to issue a building permit for any construction until he/she has inspected such plans in detail and found them to be in conformity with this Ordinance. Said plan shall include the following, as required:

A.

The actual shape, proportions and dimensions of the lot.

B.

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

4.2.2

Approval of Building Permit Applications.

If the proposed construction, moving, or alteration as set forth in the application is in conformity with the provisions of this Ordinance and other applicable codes and Ordinances, the Building Official of the City shall issue a building permit accordingly.

4.2.3

Denial of Building Permit Applications.

If a building permit applicant is denied a permit based on the Community Development Director's interpretation or enforcement of this Ordinance, as opposed to the other codes of the City of Foley, then the applicant may appeal to the Zoning Board of Adjustment and Appeals pursuant to the rules and procedures of this Ordinance, state and local laws, and regulations of the Zoning Board of Adjustment and Appeals.

4.2.4

Newly Annexed Areas.

Notwithstanding any other provision of this Ordinance, when land is annexed into the City of Foley and has not yet been zoned, the City Council may, by passage of a resolution, temporarily authorize the Building Official to issue building permits for structures and work located in these newly annexed areas upon such terms as the City Council may impose, until the area is zoned. Any such resolution will not be deemed an amendment to this Zoning Ordinance and will not be deemed a general or permanent Ordinance.

Any use of land, dwellings, or structures which is in conflict with or violation of this Ordinance, and which is not a legal nonconforming use, is hereby declared to be a nuisance by the City of Foley. Any structure, dwelling, building, lot, or land that is erected, altered, modified, moved, transferred, or allowed to exist in conflict with or in violation of this Ordinance, and which is not a legal nonconforming structure, building or lot, is hereby declared to be a nuisance by the City of Foley. The City and its officers, employees, and agents are hereby authorized to take any appropriate action to abate all nuisances and to take any appropriate action to protect the health, safety and welfare of the public from such nuisances and to forward the purposes of this Ordinance.

Any person, firm, corporation, or other organization which violates any provision of this Ordinance may be prosecuted in the Municipal Court system of the City of Foley and, upon conviction, fined not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) per violation plus costs of court. For continuing violations, each day the violation is suffered or permitted to exist shall constitute a separate violation and offense.

The remedies to the City of Foley contained in this Ordinance are commutative, supplemental, and in addition to any other rights and remedies the City of Foley may have pursuant to state and local law, its police powers, the building codes of the City of Foley and any other property maintenance codes or ordinances now in effect or hereafter adopted by the City of Foley.

If any section, subsection, clause, provision, or portion of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, subsection, clause, provision, or portion of this Ordinance which is not in and of itself invalid or unconstitutional.