The building official shall administer and enforce this chapter. In carrying out his duties under this chapter, the building official shall:

(1)

Applications. Receive all applications for building permits and certificates of occupancy, and make necessary certifications and issue the necessary certificates and approvals. The building official shall receive all applications for amendment, planning approval, special plans, special exceptions and variances and refer them to the zoning administrator for action by the planning commission or board of adjustment as required in this chapter.

(2)

Zoning map. Maintain the official zoning map, showing the current classification of all land.

(3)

Hearings. Present facts and information, as necessary, in all public hearings before the planning commission, the mayor and city council and the board of adjustment.

(Code 1982, § 24-190)

Cross reference— Officers and employees, § 2-91 et seq.; buildings and building regulations, ch. 18.

The zoning administrator shall receive from the building official and shall process all applications for amendment, planning approval, special plans, special exceptions and variances through the board of adjustment or the planning commission, as appropriate. In carrying out his duties under this chapter, the zoning administrator shall:

(1)

Applications. Review all applications for amendment, planning approval, special plans, special exceptions and variances and prepare and submit to the planning commission or board of adjustment, as appropriate, a report on each application setting out the conditions and circumstances bearing on the question and the probable consequences or effects of approval or disapproval in relation to the purposes of this chapter.

(2)

Hearings. Represent the city in public hearings before the planning commission, board of adjustment or city council, as appropriate, to assist the commission, board or council in reaching a decision consistent with the provisions of this chapter.

(3)

Records. Maintain records of all actions taken by the planning commission and board of adjustment under this chapter.

(4)

Initiation of amendments. Propose and recommend the enactment of such amendments to this chapter, including the zoning map, as are made necessary or desirable because of changing conditions or because of judicial or administrative proceedings or for the purpose of improving administrative procedures, all in accordance with the amendment procedure set forth in this chapter.

(Code 1982, § 24-191)

Cross reference— Officers and employees, § 2-91 et seq.

No building or other permit, certificate or other document of approval, or business or occupational use license, the use of which may be subject to the provisions of this chapter and the building code, 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 chapter.

(1)

Building permit. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the building official. No building permit shall be issued by the building official except in conformity with the provisions of this chapter 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 chapter.

(2)

Plans required.

a.

The application for a permit shall be accompanied by a site plan, in duplicate and drawn to scale, showing such information as may be necessary to determine conformance with the requirements of this chapter.

b.

One 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 copy of the plans, similarly marked, shall be retained by the building official.

(3)

Certificate of occupancy.

a.

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 occupancy (required by the building code of the city) shall have been issued therefor by the building official, stating that the proposed use of the building or land conforms to the requirements of this chapter.

b.

No nonconforming structure or use shall be renewed, changed or extended until a certificate of occupancy shall have been issued by the building official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this chapter.

c.

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

d.

A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.

(Code 1982, § 24-192)

The following procedure shall be followed in processing applications for uses requiring planning approval or for special exception uses:

(1)

Application for planning approval. Upon receipt of an application for planning approval, the building official shall transmit the application, together with the proposed site plan, to the zoning administrator for action by the planning commission. Within a reasonable time, the planning commission shall approve or disapprove the application as to location and site plan. Approval may establish conditions and limitations with respect to the site plan. The planning commission shall then return the application, together with its report of approval or disapproval, to the building official and the building official shall notify the applicant.

(2)

Application for special exception use. Upon receipt of an application for special exception use, the building official shall transmit the application, together with the proposed site plan, to the zoning administrator for action by the planning commission and the board of adjustment. Within a reasonable time and before the board of adjustment holds the required public hearing on the special exception use, the planning commission shall approve or disapprove the application as to location and site plan. Approval may establish conditions and limitations with respect to the site plan. The planning commission shall then forward the application, together with its report of approval or disapproval, to the board of adjustment. If the planning commission approves the location and site plan, the board of adjustment shall approve or disapprove the application in accord with its rules and procedures. Approval may establish conditions and limitations with respect to the special exception use.

(Code 1982, § 24-193)

(a)

Enforcement. The building official shall enforce this chapter. He may be provided with the assistance of such other persons as the city council may direct.

(b)

Notice of violation; complaints.

(1)

If the building official shall find that any of the provisions of this chapter 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, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; or discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(2)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes 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 chapter.

(c)

Penalty; additional remedies.

(1)

Violation of the provisions of this chapter or failure to comply with any of its requirements (including violation of conditions and safeguards established in connection with grants of variances, special exceptions or planning approval) shall constitute a misdemeanor.

(2)

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 provided in this chapter.

(3)

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

(Code 1982, § 24-194)

(a)

Fee schedule. The city council shall establish a schedule of fees, charges and expenses and a collection procedure for applications for amendment, approval of special plans, planning approval, special exception variances and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the building official and may be altered or amended only by the mayor and city council.

(b)

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

(Code 1982, § 24-195)

(a)

Board established. A board of adjustment is hereby established in accordance with Code of Ala. 1975, § 11-52-80.

(b)

Meetings and rules of procedure. The board of adjustment shall adopt rules for the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence the acting chairperson, 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 records 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.

(c)

Appeals procedure. Appeals to the board of adjustment concerning interpretation or administration of this chapter 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 or of the downtown design review board. Such appeals shall be taken within a reasonable time, but not to exceed 30 days, by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds thereof. The building official and the custodian of records of the downtown design review board 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 appeal within a reasonable time. At the hearing, any person may appear in person or by agent or attorney.

(d)

Appeals procedure. Appeals to the board of adjustment (BZA) concerning the interpretation or administration of this article 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 or of the design review board. Such appeals shall be taken within a reasonable time, but not to exceed 30 days, by filing with the building official and with the BZA a notice of appeal specifying the grounds thereof. The building official and the custodian of records of a design review board shall transmit forthwith to the board of adjustment all papers constituting the record upon which the action appealed from was taken.

The BZA 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 approval within a reasonable time. At the hearing, any person may appear in person or by agent or attorney.

(Code 1982, § 24-200(a), (c)—(e); Ord. No. O-04-06, § 3, 1-17-2006)

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

(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 building official in the enforcement of this chapter.

(2)

Special exceptions. To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this chapter; 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 chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the board of adjustment unless it shall find that all of the following conditions exist:

a.

That it is empowered under the provisions of this chapter described in the application to grant the special exception.

b.

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

c.

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

d.

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

1.

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.

2.

Off-street parking and loading areas, where required, with particular attention to the items mentioned in subsection (2)d.1 of this section and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district.

3.

Refuse and service areas, with particular reference to the items mentioned in subsections (2)d.1 and 2 of this section.

4.

Utilities, with reference to locations, availability and compatibility.

5.

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

6.

Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

7.

Required yards and other open space.

8.

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

e.

That the special exception will be in harmony with the general purpose and intent of this chapter.

(3)

Variances. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter shall result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

(4)

Appeals.

a.

In exercising the powers mentioned in this section, the board of adjustment may, so long as such action is in conformity with the terms of this chapter, 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.

b.

The concurring vote of four 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 chapter or to effect any variation in the application of this chapter.

(Code 1982, § 24-201)