The provisions of this chapter shall be administered and enforced by the building official. He may be provided with the assistance of such other persons as the city council may direct. The building official, in relation to this chapter, shall:

(1)

Review all building permit applications with regard to conformance with all applicable provisions of this chapter and perform required inspections to ensure such conformance.

(2)

Issue all building permits and maintain records thereof.

(3)

Issue all certificates of occupancy and maintain records thereof.

(4)

Issue and renew, where applicable, all temporary use permits and maintain records thereof.

(5)

Maintain current zoning maps and records of amendments thereto.

(6)

Have the right to enter upon any premises at any reasonable time for the purpose of making inspections of land, structures and buildings necessary to carry out the enforcement of this chapter. If the building official shall find that any of the provisions of this chapter are being violated, he shall proceed to notify, in writing, the persons responsible for such violations, indicating the nature of the violations, and ordering the appropriate action necessary for correction of same. He shall order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with, or prevent violation of, its provisions.

(Ord. No. 2013-02, § 4.1, 3-4-2013)

(a)

Generally. It shall be unlawful to commence earthwork or the construction of any building or other structure, including accessory structures or signs, or to store building materials or erect temporary field offices or to commence the moving, alteration or repair of any structure, including accessory structures, until the building official has issued for such work a building permit.

(b)

Application. Application for a building permit shall be made to the building official on forms provided for that purpose.

(1)

Plot plan. It shall be unlawful for the building official to approve any plans or issue permits for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. To this end, the building official shall require that every application for a building permit be accompanied by a plot plan/survey drawn to scale, dimensioned and showing the following in sufficient detail to enable him to ascertain whether or not the proposed development is in conformance with the provisions of this chapter:

a.

The actual shape, proportion and dimensions of the lot to be built upon.

b.

The shape, size and location of all buildings 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.

c.

The existing and intended use of all buildings or other structures.

d.

The setback and side lines of the buildings on adjoining lots and such other information concerning the lot (or adjoining lots) as may be essential for determining conformance with the provisions of this chapter.

e.

Every application for the use of land under and by virtue of the provisions of this chapter shall include therewith a plan showing the location of necessary fire hydrants with adequate water flow. In addition thereto, the applicant shall submit to the city a written agreement between the applicant and the appropriate water authority specifying that the applicant shall assume the responsibility of purchasing and having installed such fire hydrants as required by the fire department. The applicant shall also agree to pay the annual rental therefor, and such other charges that may be levied by the water authority for a period of two years from the date of their installation. Such agreement shall be submitted to the building official for his and the fire department's review and approval and shall be in full force and effect at the time of the issuance of any building permit. New residential and nonresidential construction shall meet the requirements of Ordinance No. 2000-17, as may be amended, with regard to construction of driveways and private roads for access by fire apparatus to within 100 feet of a structure.

f.

Best management practice procedures in effect for erosion control, such as may be amended from time to time, shall be followed.

g.

Where applicable, the applicant shall provide the building official with copies of all deed restrictions and/or covenants which pertain to the subject property. Structures may not be placed over easements unless otherwise approved by the building official or city engineer.

h.

In addition to a survey completed by a surveyor, two sets of stamped house plans shall be submitted for new residential construction, along with proof of septic tank or sewer approval.

i.

In addition to a site plan, three copies of architectural plans shall be submitted to the building official for construction of all planned residential developments, attached dwellings, garden homes, multifamily dwellings, and commercial, institutional and industrial uses. Architectural plans shall be reviewed by the design review board for approval of exteriors before building permits are issued.

(2)

Site plan review. New construction and substantial site development expansion of all planned residential developments, attached dwellings, garden homes, multifamily dwellings, manufactured home parks, manufactured home subdivisions, and all nonresidential uses shall require the submission and approval of a site plan, a drainage study and plan, and a traffic impact study and plan (one reproducible set and five copies of each, along with one set reduced to 11 inches by 17 inches), prepared, stamped and signed by a professional engineer, containing, at a minimum, the following information (the city also reserves the right to ask for the site plan and any other pertinent information to be furnished in a computerized form):

a.

Cover sheet with:

1.

Name and location of the development; name, address and signature of the owner; name, address, signature and seal of the engineer.

2.

Vicinity map.

3.

Zoning and existing and proposed land use of the site.

4.

Date, scale, north arrow and name of streets.

b.

Site layout, including property dimensions, rights-of-way, easements, location and dimensions of all buildings (existing and proposed), setbacks, driveways, off-street parking and loading, circulation, screening, buffers and other landscaping, lighting, and paving.

c.

Drainage study and plan. For each development, a drainage study and site plan must be furnished. Such study shall be made by, and such plan shall be prepared, stamped and signed by, a professional engineer. The plan must be based on properly conducted studies and must show, in detail, reasonably satisfactory to the building official, the effect that the proposed development will have on the tract of land on which the development is proposed to be built and the land adjacent to and near such tract of land. The plan shall show the topography of the land included in the development. The plan shall include drainage, grading, excavation, erosion and sedimentation, stormwater detention and floodplain management controls. The plan shall provide for such structures and devices as may be required to handle a 100-year rain event, 24-hour storm. Neither the drainage plan, nor the recommendations therein, shall serve as a substitute for any other regulations with respect to drainage as provided for by the ordinances or regulations of the city. The building official may waive any requirements of the drainage study and plan that, in his opinion, are not necessary with respect to the proposed development.

d.

Public and private utilities, including sewage disposal system and water system. Provide letters of availability for water and sanitary sewer services. Any stipulations and/or special requirements by the utility provider shall be clearly identified and included on the plans (i.e., minimum water service line sizes, residential water booster pumps, residential sewer pumps, sewer lateral size, sewer mains, etc.).

Prior to issuance of a permit, provide a copy of the BWWB developer installed extension of mains agreement and the stamped approved sanitary sewer provider sanitary sewer plans.

e.

Fire lanes and hydrants.

f.

Traffic impact study and plan. For each development, a traffic impact study and plan, prepared by a traffic engineer, must be furnished. The study shall be prepared in accordance with generally accepted standards for traffic studies. The traffic study shall show, in detail reasonably satisfactory to the building official, based on properly conducted studies, the effect that the proposed development will have on the area adjacent to and near the tract of land upon which the development is proposed to be built. The study shall make recommendations with respect to what additional traffic signals or devices will be needed adjacent to or near such tract of land because of the proposed development. The developer shall be required to pay the cost of any such signals and/or devices and any other traffic signals and devices that are considered necessary because of the proposed development.

g.

Performance/improvement bond. The following bond requirements shall apply in the case of any required improvements not governed by the city subdivision regulations:

1.

Performance guarantee required. When it is determined that there will be unfinished improvements that are the responsibility of the developer/owner, a bond of 150 percent of the full amount of the cost estimates of said unfinished improvements shall be placed with the city before any permits may be issued. The performance guarantee amount shall be placed in a form and manner approved by the city, and shall be required for any part of the development that will be accepted for maintenance by the city. The schedule of estimated costs for all items to be bonded shall clearly describe the items, quantities, unit costs and total costs of the remaining improvements.

2.

Release. Upon satisfactory completion of the required improvements and recommendation by the director of the public works department, the city engineer and the building official, the security may be released. However, if it so chooses, the city may elect to retain the security for a period of one additional year following completion of all improvements to guarantee workmanship.

3.

Forfeiture. If, in its opinion, said improvements have not been satisfactorily installed in accordance with its approval of the development plan, the city may draw on the performance guarantee and use the funds to complete the improvements. More timely action may be taken in the event of a threat to public health or safety.

(3)

Approval of building permit application. If, after review, it is found that the proposed construction, excavation, moving or other alteration (as set forth in the application) is in conformity with the provisions of this chapter, the building official of the city shall issue a building permit accordingly.

(4)

Denial of building permit application. The applicant, upon notification by the building official of a building permit denial, may make application to the chairperson of the zoning board of adjustments and appeals, hereinafter referred to as "the ZBA," and request a hearing before that body.

(5)

Expiration of building permit. Any permit, under which no construction work has been performed within six months or which has not been completed within one year from the date of issuance shall expire by limitation but shall, upon reapplication, be renewable, subject, however, to the provisions of all ordinances in force at the time of said application for renewal.

(6)

Certificate of occupancy. No land or buildings or other structures, or part thereof, erected, moved or altered in its use shall be used or occupied until the building official shall have issued a certificate of occupancy. Within three days after the owner (or his agent) has notified the building official that a building or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the building official to make a final inspection thereof and issue a certificate of occupancy if the building or premises, or part thereof, is found to conform with the provisions of this chapter, or, if such certificate is refused, to notify the owner, in writing, stating the cause for such refusal. Appeals from the decision of the building official shall be heard by the ZBA.

(Ord. No. 2013-02, § 4.2, 3-4-2013; Ord. No. 2018-009, § 1, 8-20-2018)

Any uses of land or dwellings or construction or alteration of buildings or structures erected, altered, razed or converted in violation of any of the provisions of this chapter are hereby declared to be a nuisance per se. The building official is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use of a structure, land or building. Whenever the building official has declared a structure to be in violation of any applicable provisions of this chapter, the owner or occupant shall, within 72 hours from receipt of notification from the building official to vacate such premises, accomplish such vacation of said structure or premises which shall not again be used or occupied until such structure or premises has been adapted to conform to the provisions of this chapter. Service of notification shall be as follows:

(1)

By delivery to the owner personally or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion;

(2)

By depositing the notice in the United States post office addressed to the owner at his last known address with postage prepaid thereon; or

(3)

By posting and keeping posted 24 hours, a copy of the notice in a conspicuous place on the subject premises.

(Ord. No. 2013-02, § 4.3, 3-4-2013)

Any person, firm, corporation or other organization which violates any provision of this chapter shall be fined, upon conviction, not less than $10.00 nor more than $100.00 and court costs for each offense. Each day such violation continues shall constitute a separate offense. The conviction of a violation and imposition of any fine shall not constitute an exemption from compliance with the provisions of this chapter.

(Ord. No. 2013-02, § 4.4, 3-4-2013)

In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of this chapter, the building official or any other appropriate authority or any owner of property within 500 feet who would be damaged or caused hardship by such violation, in addition to other remedies, may institute an injunction, mandamus, or other appropriate action or proceedings to stay or prevent occupancy of such building, structure or land.

(Ord. No. 2013-02, § 4.5, 3-4-2013)

The ZBA shall make an interpretation of the zoning map upon request of any person. Where uncertainty exists as to the boundaries of any district shown on said map, the following rules shall apply:

(1)

Where boundaries are indicated, as approximately, following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

(2)

In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on such maps.

(3)

Where boundaries are approximately parallel to public right-of-way lines, such boundaries shall be construed as being parallel thereto.

(Ord. No. 2013-02, § 4.6, 3-4-2013)

This chapter recognizes the limitations of the district use listings given the infinite variations of essentially similar uses. Therefore, the building official is empowered to make interpretations so as to classify any questioned use within a listed use of most similar impact and characteristics. However, in no case shall the building official interpret a use as falling in one listed use when the use in question is more similar in impact and characteristics to another listed use. Any appeals related to the building official's use interpretation may be filed with the ZBA. In the event the building official finds a new or unusual use that cannot appropriately fit a listed use in any district, the following procedures shall be used to determine the proper district:

(1)

If compatible with the existing zoning district intent, the unclassified use shall be permitted by conditional use upon approval and subject to the conditions set by the city planning and zoning commission, hereinafter referred to as "the commission."

(2)

If the unclassified use is deemed to be incompatible with the intent of the existing zoning district by the building official, he shall then consult with the commission in order to draft an appropriate definition for the use and determine the most appropriate zoning districts for the use.

(3)

Following the steps contained in subsection (2) of this section, the commission shall hold a public hearing to initiate an amendment to this chapter to include a specific definition for the unclassified use and a listing of zoning districts the use would be permitted in, including any specific conditions or criteria required.

(4)

Following its public hearing, the commission shall submit its recommendation to the city council for final action. All public hearing notification and publication requirements required by law shall be met for public hearings held by the commission and the city council.

(5)

Following final action by the city council, said amendments shall be incorporated into the chapter.

(Ord. No. 2013-02, § 4.7, 3-4-2013)

(a)

Appointment. A zoning board of adjustments and appeals is hereby established. The ZBA shall be appointed as provided by Code of Ala. 1975, § 11-52-80, or as such may be amended, and it shall have all powers granted therein.

(b)

Procedure. The ZBA shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairperson or, in his absence, the acting chairperson. He may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The ZBA shall keep minutes of its proceedings, showing the vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the official records of the ZBA.

(c)

Powers and duties. The ZBA shall have the following powers and duties as provided in state law for appeals and variances.

(1)

Appeals. The ZBA shall hear and decide appeals where it is alleged that an error exists in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter.

a.

Appeals may be filed by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official.

b.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed, unless the building official certifies to the ZBA after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. Such proceedings shall not be stayed other than by a restraining order, which may be granted by the ZBA, or by an appropriate court of record on application with notice to the building official from whom the appeal is taken and on due cause shown.

c.

Such appeals shall be taken within a reasonable time, not to exceed 30 days or such lesser period, as may be provided by the rules of the ZBA, by filing with the building official a notice of appeal specifying the grounds thereof. Application shall be made, together with the required fee, at least 15 days before the scheduled hearing date. The building official shall forthwith transmit to the ZBA all papers constituting the record upon which the action was appealed.

d.

The ZBA shall fix a reasonable time for hearing the appeal, give public notice thereof, as well as due notice to the parties in interest and to all adjoining property owners, and decide the same within a reasonable time. The applicant must attend the hearing.

(2)

Variances. The ZBA may authorize, upon appeal in specific cases, such variances 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 would result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

a.

Justification. Variances to the terms of this chapter may be granted on individual cases upon a finding by the ZBA that the variance will not be contrary to the public interest, and, where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In all cases the spirit of the chapter shall be observed and substantial justice shall be done. More specifically, before granting a variance, the ZBA shall determine that all of the following criteria have been satisfied:

1.

Variances shall be permitted only under peculiar and exceptional circumstances. Hardship alone is not sufficient. State statutes require unnecessary hardship. Mere financial loss of a kind which might be common to all of the property owners in a district shall not be considered an unnecessary hardship.

2.

The condition from which relief is sought did not result from action, or lack thereof, by the applicant. There is no basis for a claim that a variance should be granted when the hardship is self created.

3.

Variances should be granted sparingly, and the spirit of this chapter, in harmony with the spirit of state law, should be carefully preserved to the end that the structure of this chapter would not disintegrate and fall apart by constant erosion at the hands of the ZBA.

b.

Application for a variance shall be filed with the building official at least 15 days prior to the next scheduled hearing date before the ZBA. The application shall be filed on a form made available by the inspection services department and shall include the following:

1.

Name, signature and address of the property owner and agent of the property owner, if any.

2.

Address of the property under consideration.

3.

Zoning classification and current land use for the property under consideration.

4.

Justification for the variance in accordance with all of the criteria in subsection (c)(2)a of this section.

5.

A vicinity map showing the location of the property.

6.

A plot plan, drawn to scale and dimension, showing the property boundaries and proposed development layout with the variance noted or highlighted.

7.

The names and addresses of adjacent property owners, as shown on the most recent records of the county tax assessor.

8.

Administrative fee plus the cost incurred for notification and publication.

c.

The applicant must attend the hearing.

d.

Variances not required for certain lots. For lots of record that do not meet the minimum lot size and/or lot width requirements, refer to section 111-123(f).

(3)

Special exceptions. The ZBA may approve exceptions from the normal requirements of this ordinance where such exceptions are expressly authorized herein or upon a recommendation of the building official. In such cases, the ZBA shall determine that satisfactory provisions have been made concerning access and traffic, parking and loading, screening and buffering; control of noise, lighting, odor and other potentially disturbing impacts on surrounding properties; the availability, location and capacity of utilities; and compatibility with the character of the surrounding area in terms of bulk, density, lot coverage of structures, and yards and open areas.

The board may impose such conditions that it deems necessary to protect the public interest and the intent of the comprehensive plan and this section in relation to the items listed above and as may otherwise by reasonably necessary. Such conditions shall apply to the land, structure, and use for which the special exception is granted and not to a particular person. Violations of conditions lawfully attached to any special exception shall be deemed to be violations of this section.

Applications shall be filed with the building inspector at least 15 days prior to the next scheduled hearing date before the ZBA and shall contain the information specified in subsection 111-90(c)(2)b. as applicable.

(d)

Public notice required. At least seven days prior to the scheduled ZBA public hearing, written notice of the request shall be given to all adjacent property owners. See section 111-94. Such notice shall state the following:

(1)

The name of the applicant.

(2)

The location of the property.

(3)

The nature of the appeal, special exception or variance and applicable zoning provisions, as applicable.

(4)

The time, date and location of the ZBA public hearing at which said application is to be considered.

(e)

Fees. At the time application is made for an appeal, special exception or variance request, the applicant or agent is required to pay the appropriate fees, as set from time to time by the council, in addition to costs incurred for the required notification and publication. Said fees and costs shall be non-refundable.

(f)

Action taken by ZBA. In exercising the above-mentioned powers, the ZBA may, in conformity with the terms of this chapter, reverse or affirm (wholly or in part) or 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 all the powers of the building official from whom the appeal is taken. The concurring vote of four members of the ZBA 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 affect any variation in the application of this chapter.

(g)

Appeals from the action of the ZBA. When denied by the ZBA, the request shall not be presented again unless the conditions have changed significantly from the previous time it was heard. A request for re-hearing must present evidence that the conditions pertinent to the case have changed significantly. If the ZBA is convinced that there has been a significant change, an application can be filed and treated as a new request and will then be heard at a subsequent meeting. Any party aggrieved by any final judgment or decision of the ZBA may appeal therefore to the circuit court or court of like jurisdiction as provided by Code of Ala. 1975, § 11-52-81, as amended, within 15 days from the date of the board hearing or such time as established by law, and by filing with the ZBA a written notice of appeal specifying the decision from which the appeal is taken. In case of appeal, the ZBA shall cause a transcript of the proceedings to be certified to the circuit court upon its request, and the action in the circuit court shall be tried de novo.

(Ord. No. 2013-02, § 4.8, 3-4-2013; Ord. No. 2016-007, §§ 1—3, 6-6-2016)

Certain land uses are identified in the district regulations for special zoning treatment. The nature of these uses is such that, when properly regulated, they are appropriate in several zoning districts. To properly integrate such uses into the city's land use pattern, a special set of criteria or standards may be provided for each use listed in the conditional use category. Review of these standards will tend to maintain compatibility with adjoining land uses; and it is intended that the commission will review all such proposals for these types of uses for compliance with the appropriate provisions before approval is granted and appropriate permits are issued.

(1)

Procedures. All uses listed as permitted by conditional use shall require the submission of an application to the commission.

a.

An application for a Conditional Use shall be filed with the chairperson of the commission on forms provided in the inspection services department, at least 21 days prior to the scheduled hearing date before the commission. Such application shall be filed by the property owner (or the authorized agent of the property owner) and shall contain the following information:

1.

Name, address and signature of the property owner and agent of the property owner, if any.

2.

Address and legal description of the subject property, accompanied by a copy of the applicable tax maps clearly identifying the subject property.

3.

Existing and proposed zoning classification and land use of the subject property and adjoining properties.

4.

Proposed use by conditional use.

5.

A vicinity map, drawn to scale, showing the size and location of the subject property.

6.

Availability of required utilities.

7.

Map showing any existing flood plains, wetlands, water bodies, topography.

8.

A conceptual plan drawn to scale and showing the proposed layout, including property boundaries and dimensions, rights-of-way, and any easements on the property; existing and proposed buildings; required setbacks; driveways, parking and loading areas; landscaping and exterior lighting concept (including any required buffers or screening); method of stormwater detention; and other information as may be necessary to show the development in relation to adjoining properties and their uses. In the case of hobby farms, home occupations and private tennis courts, the conceptual plan shall only include that information necessary for evaluation of the proposed conditional use, as determined by the building official.

In addition to the above, the building official may require one or more of the following, based on the circumstances of the particular location;

(i)

Traffic study.

(ii)

Drainage study.

(iii)

Plan for site clearance and disturbance, including description and extent of tree removal, excavation, fill.

(iv)

Geotechnical report.

9.

The names and addresses of adjacent property owners as shown on the most recent records of the county tax assessor.

b.

At the time a conditional use application is made, the applicant shall pay the appropriate fees, as may be set from time to time by the council, in addition to costs incurred for the required notification and publication. Fees shall be nonrefundable.

c.

The applicant must attend the hearing.

d.

Public notice. At least seven days prior to the scheduled commission public hearing written notice shall be given of the proposal to all adjacent property owners. See section 111-94. Such notice shall contain the following:

1.

The name of the applicant.

2.

The location of the property.

3.

The proposed use by conditional use.

4.

The time, date and location of the planning commission public hearing.

(2)

Violations. Violation of the conditions or safeguards which may have been part of the terms of the conditional use approval shall be deemed a violation of this chapter and be punishable as prescribed herein. Failure to comply with the terms of the approval shall void the conditional use.

(Ord. No. 2013-02, § 4.9, 3-4-2013; Ord. No. 2017-002, § 1, 1-3-2017)

The regulations and the number, area and boundaries of districts established by this chapter may be amended, supplemented, changed, or repealed by the city council; but no amendment shall be considered unless it is first submitted to the commission for its review and recommendation. This body may, on its own initiative, propose changes and hold public hearings (public notice of which shall be given) for the consideration of any proposed amendment to the provisions of this chapter or to the official zoning map.

(1)

Authority to amend. Whenever public necessity, convenience, general welfare or good zoning practices warrant such action, the city council may, by favorable vote of a majority of the members, amend the regulations or zoning district boundaries herein established, in accordance with Code of Ala. 1975, § 11-52-78, or as same may be amended.

(2)

Authorized petitioners. A petition for amendment to this chapter or the zoning map may be initiated by the city council, the commission or by an applicant.

(3)

Petition for amendment.

a.

A petition for amendment, when initiated by an applicant, shall meet the application requirements of this section.

b.

The application for rezoning shall be made on a form available from the inspection services department and shall be filed with the chairperson of the commission at least 21 days prior to the commission hearing. The applicant shall provide the following information and materials:

1.

Name, signature and address of the property owner and agent of the property owner, if any.

2.

Address and legal description of the property under consideration, accompanied by a copy of the applicable tax maps clearly identifying the subject property.

3.

Existing and proposed zoning classification and land use of the subject property and adjoining properties.

4.

Reason for the rezoning request.

5.

Area in acres requested to be rezoned.

6.

Letters of availability of required utilities.

7.

A vicinity map, drawn to scale, showing the size and location of the subject property.

8.

Map showing any existing flood plains, wetlands, water bodies.

9.

A conceptual plan drawn to scale and showing the proposed layout, including property boundaries and dimensions, rights-of-way, and easements on the property; existing and proposed buildings; number of proposed dwelling units, if any; required setbacks; driveways, parking and loading areas; landscaping and exterior lighting concept (including any required buffers or screening); method of stormwater detention; and other information as may be necessary to show the development in relation to adjoining properties and their uses.

In addition to the above, the zoning official may require one or more of the following, based on the circumstances of the particular location;

(i)

Traffic study.

(ii)

Drainage study.

(iii)

Plan for site clearance and disturbance, including description and extent of tree removal, excavation, fill.

(iv)

Geotechnical report.

10.

The name and addresses of all adjacent property owners, as well as property owners within 500 ft of the subject property, as shown on the most recent records of the Jefferson County Tax Assessor.

(4)

Written notice. At least seven days prior to the scheduled commission hearing, the inspection services department shall give written notice of the proposal to all adjacent property owners, as well as those property owners within 500 feet of the subject property. See also section 111-94. Such notice shall contain the following:

a.

The name of the applicant.

b.

The location of the property.

c.

The proposed use of the property requested to be rezoned.

d.

The time, date and location of the commission public hearing.

(5)

City council action on amendments.

a.

Upon receipt of the recommendation of the commission, the city council shall give a first reading of the proposed amendment at a council meeting and set the date for a public hearing.

b.

At least 15 days prior to the public hearing before the council, the city clerk shall publish the proposed zoning amendment once a week for two consecutive weeks (once in its entirety and once in a synopsis form referring to the date and name of the newspaper in which the proposed amendment was first published), in advance of its passage, in a newspaper of general circulation throughout the city. Said advertisement shall also contain a notice stating:

1.

The name of the applicant;

2.

The location of the property;

3.

The proposed use of the property requested to be rezoned; and

4.

The time, date and location of the city council public hearing. Such notice shall further state that, at such public hearing, all persons who desire shall have an opportunity of being heard in opposition to, or in favor of, the amendment.

c.

The city clerk shall also give written notice by certified mail to all adjacent property owners, as well as those owners of property within 500 feet of the subject property, a minimum of 15 days prior to the scheduled public hearing date.

d.

After such hearing, the council shall approve or deny the request. If the council makes changes in the proposed amendment as first advertised, the council shall hold another public hearing after giving notice as described above.

e.

After council adoption, it must again be published in the same manner as all municipal ordinances, subject to the provisions of Code of Ala. 1975, § 11-45-8, as amended.

f.

Upon receipt of a negative recommendation from the commission, the applicant may withdraw the amendment request in writing to the inspection services department. In such case, the request shall not be submitted to the council and shall not be subject to subsection (6) of this section. The rezoning fee shall not be refunded in any case.

(6)

Limitations on rezoning requests.

a.

Should the city council reject a rezoning request by an applicant, the same kind of rezoning of the same tract of land will not be considered by the commission until a period of one year has elapsed from the date of such action by the council. Further, a withdrawal of the application for rezoning, after the hearing held by the commission but prior to the hearing held by the council, shall also require a one-year time period before another application may be submitted. However, the commission may adjust this time period if, in the opinion of a majority of the commission, an unusual situation or circumstance exists which would warrant another hearing. Each time the zoning amendment application is made, required fees, in addition to costs incurred in the required notification and publication, must be paid. Under no condition shall the fee be refunded for failure of such proposed amendment to be enacted into law.

b.

If development of the property for which the rezoning request is presented and approved does not commence within one year of the date of council approval, the property shall revert to the zoning classification held before it was rezoned. For these purposes, the term "development" means actual construction shall have begun on the principal building and not just site work. However, the council may approve an extension of this period upon request by the applicant.

(Ord. No. 2013-02, § 4.10, 3-4-2013; Ord. No. 2017-002, § 2, 1-3-2017; Ord. No. 2018-009, § 2, 8-20-2018)

Property owners who have requested annexation of property into the city shall be subject to the following: The commission shall submit a recommendation for or against annexation to the council. At the time the request is considered by the council, a recommendation as to city zoning shall be made in accordance with the provisions of city Ordinance No. 85-19, which utilizes the "zone most comparable" approach, placing annexed property into the city zoning classification that is most comparable with the county zoning classification that had been applied to the property prior to its annexation.

(Ord. No. 2013-02, § 4.11, 3-4-2013)

Where required by this chapter and in accordance with the Code of Alabama, notice of a public hearing shall be deemed given when deposited in the United States mail, first class, postage prepaid, addressed to adjacent property owners (including owners within 500 feet per the type of zoning request) at the addresses as submitted with the application, as well as publication in a newspaper of general circulation throughout the city or posting of such notices in four conspicuous places within the city, if there is no newspaper of general circulation within the city. Any error in the addresses of such notices shall not invalidate the giving of notice, provided that no more than five percent of the total number of notices given contain any such error.

(Ord. No. 2013-02, § 4.12, 3-4-2013)