The provisions of this Ordinance shall be administered and enforced by the Planning 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.

4.1.3

Conditional Use Review.

The Planning Commission hears and decides requests for approval of Conditional Uses specified in the district regulations. Conditional uses are those that pose potential impacts different or greater than those of permitted uses or have uniqueness such that their effect upon the surrounding environment cannot be determined in advance of a use being proposed in a particular location. As such, conditional uses must be reviewed in terms of existing zoning and land uses in the vicinity; whether, and to what extent the use at the proposed location is consistent with the Comprehensive Plan, the intent of this Ordinance, and any other development policies and/or regulations of the City; and whether and to what extent all steps possible have been taken by the developer to minimize adverse effects on surrounding properties and on the public health, welfare and safety in general.

A.

Procedure.

1.

Proposed conditional uses must be submitted to the Planning Commission for its review. The applicant must submit a Zoning Site Plan - Conditional Use application in accordance with the current adopted Planning Commission deadline and meeting calendar. Upon receipt of a complete application and all required materials, City staff reviews the proposed conditional use and refers it to the Planning Commision for its review. The applicant must appear before the Planning Commision during its review.

2.

Submittal Requirements. Conditional Use applications must include those materials required for Zoning Site Plan Review in Article 11 and the following:

a.

One (1) or more maps showing the location of the proposed use in relation to adjoining neighborhoods and business areas, including existing uses.

b.

Location of exterior lighting and signs, including any illumination of signs.

c.

Any noise, smoke, odors and other impacts that will be produced by the proposed development that may affect adjacent properties and associated mitigation measures.

3.

A public hearing before the Commission will be scheduled with notice provided to adjoining and adjacent landowners at the cost of the applicant. Following the public hearing, the Commission will evaluate and approve, approve with conditions or disapprove the request, advising the applicant in writing of the decision, including any changes or conditions required by the Commission. The applicant must appear in person or by agent at the Commission meeting. Appeals of the Commission's decision are heard by the City Council.

4.

Approval of a conditional use is void after twelve (12) months if the applicant has not received either a building permit or a business license for the proposed use, or if the conditional use ceases for a continuous period in excess of one (1) year.

a.

The Commission may extend the time limit for a conditional use when an applicant has not received either a building permit or business license, so long as approval is granted prior to the original expiration date. Such extension may not exceed twelve (12) months. Any changes to the original conditional use proposal shall require re-approval by the Commission, including public hearings as required for original approval.

B.

Criteria. In determining whether to approve a conditional use, the Commission will consider and may require conditions on the proposed use to assure the following:

1.

Satisfactory ingress and egress, motorist and pedestrian safety and convenient traffic flow.

2.

General compatibility with adjacent properties, neighborhood and business area, as applicable.

3.

Compatibility of the bulk, density and lot coverage with that of adjoining properties.

4.

Compatibility with land use, transportation and other development policies of the Master Plan.

5.

Availability, location and adequacy of utilities.

6.

Mitigation of any potential economic, noise, glare, and odor effects on adjoining properties.

7.

Adequacy of buffering and screening of potentially adverse views and activities from surrounding properties.

If the Commission finds the proposed development is not within the spirit and intent of the district, does not meet, or is not capable of meeting, despite conditions the Commission could reasonably impose, the above criteria, the Commission may disapprove the proposed Conditional Use, providing the grounds for disapproval in writing to the applicant.

C.

Conditions. The Commission may impose such conditions for approval as it deems necessary in the particular case to protect the public interest, in relation to the issues listed above and to any other factor it deems relevant. Such approval and conditions will be attached to the property, structure, and/or use and not to a particular person. Violations of conditions attached to the Conditional Use are considered violations of this Ordinance.

D.

Limit on Reapplication. When the Planning Commission denies a conditional use, no new application shall be initiated for the same request on the same parcel of land for the next twelve (12) months.

(Ord. No. 25-2041, 11-3-25; Ord. No. 25-2042, 12-1-25)

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 Planning 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 Planning 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.

(Ord. No. 25-2041, 11-3-25)

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.

4.4.1

Zoning Enforcement and Appeals.

Whenever a violation of these ordinances is identified or is alleged to have occurred an application to the Board of Adjustment and Appeals may be considered if it meets the criteria for a variance.

Whenever the Planning Director or his/her designee has knowledge of a violation or an alleged violation, a thorough investigation may be initiated. After such investigation, and upon the finding of a violation, the violation procedures contained in this article shall be initiated.

Violation of the provisions of these ordinances, including violation of conditions and safeguards established in connection with a grant of a variance, site plan approval or appeal, shall be addressed and punishable in accordance with sections contained herein.

In the event that any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or in the event that any building, structure, or land is used in violation of these ordinances, the Planning Director may institute or cause the institution of any appropriate action or proceeding to:

A.

Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of the building, structure, or land.

B.

Prevent the occupancy of the building, structure, or land.

C.

Prevent any illegal act, conduct, business, or use in or about the premises.

D.

Restrain, correct, or abate the violation.

4.4.2

Violations.

Any person(s), whether owner, lessee, principal, agent, employee, or occupant of any land or part thereof, and any architect, engineer, builder, contractor, agent or other person who: (a) violates any provision of these ordinances, (b) permits, participates, assists, directs, creates or maintains any such violation, (c) fails to comply with any of the requirements hereof, including conditions, stipulations, or safeguards attached to any approval, permit, variance, site plan approval or the like, or (d) who erects, constructs or reconstructs any building or structure, or uses any building, structure or land in violation of any written statement or plan submitted and approved pursuant to these ordinances, shall be in violation.

Any person(s) in violation of these ordinances shall be held responsible for such violation and be subject to the penalties and remedies as provided herein and as provided by law.

Each and every person who commits, permits, participates in, assists, directs, creates or maintains a violation may be found individually in violation of a separate offense. Each day that any violation continues to exist shall constitute an additional and separate violation.

Any structure or lot erected, constructed, altered, occupied or used contrary to any provision(s) of these ordinances or other applicable ordinances, stipulation, condition, approvals and variance shall be declared to be unlawful.

4.4.3

Notice of Violation.

The Planning Director or his/her designee shall issue a written notice of violation upon receipt of a complaint or knowledge of violation, to all persons in violation. The Notice of Violation may be served by certified mail, return receipt requested, or pursuant to Alabama Rules of Civil Procedure. The Notice of Violation shall allow thirty (30) days to correct or abate such violation.

The Notice of Violation ("Notice") shall clearly identify the property and particular alleged violation involved, the action necessary to correct it, the time permitted for such correction, and penalties for failure to comply. The Notice shall include but not be limited to:

1.

A description of the location of the property involved, either by street address or by legal description.

2.

A statement indicating the nature of the violation.

3.

A statement showing the time within which all necessary remedial action must be accomplished, which time may not be less than ten (10) days nor more than ninety (90) days from the date of such written Notice.

4.

The name of the person(s) upon whom the Notice of Violation is served.

5.

A statement advising that upon the failure to comply with requirements of the Notice, such enforcement procedure as may be required under these zoning ordinances shall be taken.

The Planning Director may shorten or eliminate the time period to correct a violation if he/she determines that the alleged violation presents an imminent and serious threat to the public health, safety, or welfare, or the violation is irreparable or irreversible. The Notice of Violation shall, in such case, state that an immanent and serious threat to public health, safety, or welfare exists or the violation is irreparable or irreversible, along with the allowed time period for correction if any.

When the Planning Director or his/her designee determines that the violation has not been corrected or abated by end of the prescribed time period, he/she shall issue a written notice forwarding the matter to the Foley Municipal Court for further action.

Upon the submission by the violator of evidence of compliance deemed adequate by the Planning Director, the Director may deem the violation to be resolved and compliance achieved.

When, after issuance of a Notice of Violation but prior to commencement of any judicial proceedings, the Planning Director determines that the person in violation is making a diligent effort to comply with the requirements of the Notice, the Planning Director may issue a written stay of further enforcement actions pending full compliance. The stay shall list the diligent efforts to comply and should be provided to the violator(s). No enforcement actions shall be stayed longer than ninety (90) days.

When any Notice of Violation is issued to any person for substantially the same violation for which a previous Notice of Violation has been issued to such person, no period shall be allowed for correction or abatement of the violation. Rather, in such event, the ieele Planning Director shall immediately cause the matter to be forwarded to the Foley Municipal Court for further action.

Any person(s) violating any of the provisions herein shall be fined not more than one hundred fifty dollars ($150.00) for each separate violation, plus all costs of court, with each day such violation continues constituting a separate violation (see 4.2, above). The fines provided for herein shall commence and accrue upon receipt of the Notice of Violation or the expiration of the allowed period for correction, whichever is later. Said fines shall continue to accrue until paid, but shall not accrue on days during which the violation is properly on appeal.

When a violation results from a person's failure to obtain a permit or approval required by this Ordinance, and the person subsequently submits an application for the required permit, the Planning Director may waive the daily fee and shall instead require double the normally required permit application fee as a reduced fine.

4.4.4

Additional Penalties.

The Planning Director may issue, or cause to be issued, a Stop Work Order on a premises, lot or parcel that is in alleged violation of any provision of these ordinances, or is being maintained in a dangerous or unsafe manner. A Stop Work Order may be issued in place of or in conjunction with any other actions and procedures identified in these ordinances. Such Order shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state conditions under which work may be resumed. Upon receipt of a Stop Work Order, all work associated with the violation shall immediately cease. Any person who continues to work shall be in violation of these ordinances and subject to penalties and remedies contained herein. The Stop Work Order may be appealed to the respective Zoning Board of Adjustment for which the activity is located.

The Planning Director may issue, or cause to be issued, a Cease and Abate Order to any person(s) maintaining any condition, or engaged in any activity or operation, which violates these ordinances. Such Order shall be in writing and shall be given to the owner of the property, or to the person maintaining such condition or engaged in such activity and operation. Upon receipt of a Cease and Abate Order, all conditions, activities and operations associated with the violation shall immediately cease and be abated. Any person who continues or fails to abate such condition, activity or operation shall be subject to penalties and remedies contained herein.

The Planning Director may revoke, or cause the revocation of, permits or approvals in those cases where an administrative determination has been duly made that false statements or misrepresentations of material fact(s) were made in the application or plans upon which the permit or approval was based.

4.4.5

Appeals.

Any person(s) aggrieved by a decision of the Planning Director or his or her designee in regards to zoning enforcement may file an appeal, made on forms provided by the City, to the respective Zoning Board of Adjustment and Appeals where the alleged violation has occurred. An appeal must be filed within fifteen (15) days of the date of the Notice of Violation. An appeal is deemed filed once submitted to the Planning and Zoning Department. See also section 26.3.1.

(Ord. No. 25-2025, 8-4-25; Ord. No. 25-2041, 11-3-25)

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.