The city council, for the purpose of promoting the health, safety and general welfare of the public and to accomplish the purposes of Code of Ala. 1975 (volume 10), title 11, ch. 52, as amended and supplanted by all applicable laws, authorizes that this chapter is adopted, and shall include the official zoning map that is on file in the inspection services department. When adopted, this chapter shall repeal the current Zoning Ordinance No. 97-15, including amendments. Recognizing the integral relationship between planning and zoning, this chapter has been designed to:

(1)

Provide for the establishment of districts within the corporate limits of the city.

(2)

Regulate within such districts the height and size of structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population and the use of structures and land.

(3)

Regulate signs.

(4)

Facilitate the creation of a convenient, harmonious and attractive community.

(5)

Facilitate the provision of adequate essential services and facilities.

(6)

Encourage economic development that provides desirable employment opportunities and expands the tax base.

(7)

Ensure a balance between residential, nonresidential and recreational uses.

(8)

Ensure a minimum standard of quality in design and development.

(9)

Protect those areas that may be designated as city center or heritage preservation to enhance and preserve their characteristics and environment.

(10)

Implement the policies of the city's comprehensive plan.

(Ord. No. 2013-02, § 3.1, 3-4-2013)

(a)

These provisions shall apply to all development within the corporate limits of the city, unless expressly exempted by this chapter.

(b)

No development shall occur in the city without first securing the appropriate permit.

(c)

No development shall occur within the corporate limits of the city without full compliance with the provisions of this chapter and all other applicable city, state and federal regulations.

(Ord. No. 2013-02, § 3.2, 3-4-2013)

(a)

The comprehensive plan and official zoning map for the city shall serve as the guide for administering this chapter. To meet the changing needs of the city, these may be amended from time to time.

(b)

If the provisions of this chapter are inconsistent with one another, the more restrictive provision shall govern unless the terms of the provisions specify otherwise. This chapter shall supersede any previously adopted ordinances or resolutions in conflict with the terms, conditions, and regulations set forth herein.

(c)

The city shall not enforce private covenants, restrictions, or documents of property owners' associations; however, the city may inquire as to whether or not land is subject to these items as part of the development review process.

(d)

The Zoning Ordinance, Subdivision Regulations, Storm Water Management Post-Construction Ordinance, Storm Water Management Erosion and Sedimentation Control Ordinance, and Storm Water Management Illicit Discharge Ordinance are all a family of ordinances and laws and shall work in tandem with one another. The more stringent requirement found in any of these ordinances or laws shall apply.

(Ord. No. 2013-02, § 3.3, 3-4-2013; Ord. No. 2020-009, § 1, 6-15-20; Ord. No. 2020-010, § 1, 6-15-20)

(a)

The official zoning map herein referred to, identified by the title "Zoning Map of the City of Gardendale, Alabama," together with all explanatory matter thereon, is hereby made part of this chapter.

(b)

The official zoning map designates the boundaries of the various zoning districts established in the city. It shall be kept on file in the office of the inspection services department.

(c)

Changes made in zoning district boundaries or other matters affecting the official zoning map shall be made in accordance with the provisions of this chapter, including section 111-92.

(d)

Where uncertainty exists with respect to the boundaries of zoning districts as shown on the official zoning map, the zoning board of adjustments and appeals shall interpret said zoning district boundary, subject to procedures outlined in section 111-88.

(Ord. No. 2013-02, § 3.4, 3-4-2013)

(a)

This chapter shall apply to applications submitted and accepted on or after the effective date of the ordinance from which this chapter is derived. This chapter shall not affect any complete application that has been submitted and accepted for review, but for which no final action has been taken by the appropriate decision-making body, prior to this effective date. Such application shall be acted on under the law in effect prior to the effective date of the ordinance from which this chapter is derived.

(b)

When a development plan has been started or approved under a previous version of this chapter, it may be completed only in accordance with the following provisions:

(1)

If development, for which approval of a preliminary plat or a final plat for subdivisions or a building permit was given prior to the effective date of the ordinance from which this chapter is derived, fails to meet any time frames in effect for that development at the time of approval, then said approval shall expire; and future development shall be subject to the requirements of this chapter.

(2)

Any violation of the previous Ordinance No. 97-15 shall continue to be a violation under this chapter and shall be subject to the penalties and enforcement set out in sections 111-86 and section 111-87, unless the development, use, construction or other activity complies with the terms of this chapter.

(Ord. No. 2013-02, § 3.5, 3-4-2013)