The provisions of this Ordinance are administered and enforced by the Zoning Official or other authorized officers of the city. This official has the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out duties in the enforcement of this Ordinance.

(Ord. No. 12-2017-05, § 11.01, 12-18-2017)

It is unlawful to commence excavation for or the construction of any structure, including accessory structures, or to store building materials or erect temporary field offices, moving or alteration (except necessary repairs not affecting the external or party walls, chimneys, stairways or heights of building) of any structure, including accessory structures, until the Building Inspector has issued a building permit indicating that the plans, specifications and intended use conform with this Ordinance. Application for a building permit is made to the Zoning Official on forms provided for that purpose.

(Ord. No. 12-2017-05, § 11.02, 12-18-2017)

1.

Applications for a building permit for excavation, construction, use of land, moving or alteration must be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the Zoning Official to determine conformance with this Ordinance:

a)

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

b)

The shape, size, and location of all structures to be erected, altered, or moved and any structures already on the lot.

c)

The existing and intended use of all structures.

d)

The setbacks, lot lines, building lines on adjoining lots and other information necessary to determine conformance.

e)

Drainage plan, including topographic information, when required by the Zoning Official.

2.

If the proposed excavation, construction, moving or alteration conforms to this Ordinance, the Zoning Official will issue a building permit accordingly. If an application for a building permit is not approved, the Zoning Official will state in writing the cause for disapproval. Issuance of a building permit will, in no case, be construed as waiving any provision of this Ordinance.

3.

A reproducible set of the final approved site plan must be submitted by the applicant and retained on file by the Zoning Official. All subsequent building permits and subdivision plats submitted by the applicant must be in substantial accord with the final site plan.

4.

Building permits become null and void if construction does not begin with one year or if work above the foundation has not begun within two years from the date of issuance.

(Ord. No. 12-2017-05, § 11.03, 12-18-2017)

No land or structure, hereafter erected, moved or altered in its use may be used until a certificate of occupancy is issued stating that such land or structure is in conformity with this Ordinance.

Within three days after the owner or his agent has notified the Zoning Official that a building or premises is substantially ready for occupancy or use, it is the duty of the Zoning Official to make a final inspection and to issue a certificate of occupancy if the building or premises conforms with this Ordinance. If a certificate is refused, the Zoning Official must provide notice of and reason for the refusal to the owner.

(Ord. No. 12-2017-05, § 11.04, 12-18-2017)

The regulations and boundaries of districts established by this Ordinance may be amended, supplemented, or repealed by the City Council upon receipt of a report by the Planning Commission. Petitions to amend the Zoning Map may be initiated by the owner of property proposed to be rezoned, by the Commission or by the City Council.

1.

Action on Petition. Proposed amendments must first be submitted to the Commission for its recommendation and report. The Commission has 60 calendar days within which to submit its recommendations to the Council. The Commission must hold a public hearing and give public notice thereof, as required by law. If the Commission fails to submit a report within the 60 day period, it is deemed to have approved the proposed amendment and the Council will proceed to hold a public hearing pursuant to Title 11, Chapter 52 of Code of Alabama, 1975, as amended.

2.

Limit on Initiation of Amendments. No action may be initiated for an amendment to this Ordinance affecting the same parcel of land more than once a year, unless specifically authorized by the Council on the grounds that the circumstances and conditions have changed significantly since the prior hearing.

(Ord. No. 12-2017-05, § 11.05, 12-18-2017)

Conditional uses are those that have some special effect, which differs from the potential impacts of permitted uses or exceeds them in intensity, 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.

1.

Applications for conditional uses must first be submitted to the Commission for its recommendation and report. Applications must be filed at least 20 working days prior to the date on which the application is scheduled to be heard, and must include a Site Plan per Appendix A-2. Notice is provided to adjoining landowners.

The Commission has 60 calendar days within which to submit its recommendations to the Council. The Commission must hold a public hearing and give public notice. If the Commission fails to submit a report within the 60 day period, it is deemed to have recommended approval of the proposed conditional use and the Council will proceed to hold a public hearing.

2.

The Commission and Council will review the proposal for compliance with the Comprehensive Plan, this Ordinance and other applicable City policies and regulations. The Commission must determine that satisfactory provisions have been made concerning the following:

a)

Access to and from the property and the proposed structure and/or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

b)

The location and accessibility of off-street parking and loading areas.

c)

The location and accessibility of refuse and service areas and their potentially adverse effects on surrounding properties.

d)

The screening and buffering of potentially adverse views and activities from surrounding properties

e)

Control of noise, glare, odor, stormwater runoff, and other potential impacts on surrounding properties.

f)

The availability, location, and capacity of utilities.

g)

The location and scale of signs and lighting with regard to traffic safety, glare, and compatibility with surrounding properties.

h)

The bulk, density, and lot coverage of structures, and yards and open areas, with regard to their compatibility with the character of the surrounding area.

3.

The City 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.

4.

Violations of conditions attached to any conditional use are considered violations of this Ordinance.

(Ord. No. 12-2017-05, § 11.06, 12-18-2017)

The Commission reviews the character, location and extent of any public street, square, park or other public way, ground, open space or building or structure, or any major utility project, whether publicly or privately owned, in accordance with Section 11-52-11 of the Code of Alabama, 1975, as amended. The purpose of such review is to determine whether or not the projects are consistent with the Comprehensive Plan. The Commission's findings and recommendations are transmitted to the Council.

(Ord. No. 12-2017-05, § 11.07, 12-18-2017)

Any uses of land or dwellings or construction or alteration of buildings or structures erected, altered, razed or converted in violation of this Ordinance are declared a nuisance per se. The Zoning Official is authorized to apply to a court of competent jurisdiction to abate the nuisance created by unlawful use of a structure, land or building. Whenever the Zoning Official has declared a structure to be in violation of this Ordinance, the owner or occupant must, within 72 hours from receipt of notice, must vacate the premises until the structure or premises has been adapted to conform to this Ordinance. Notification will be by one of the following methods:

1.

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

2.

By depositing the notice in the United States as first class certified mail.

3.

By posting and keeping posted for 72 hours, a copy of the notice in a conspicuous place on the premises to be repaired.

(Ord. No. 12-2017-05, § 11.08, 12-18-2017)

Any person violating any provision of this Ordinance will be fined upon conviction not less than $10.00 nor more than $100.00 and cost of court for each offense. Each day such violation continues constitutes a separate offense. The conviction of a violation and imposition of any fine does not exempt the violation from being made to comply.

When a structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or a structure or land is used in violation of this Ordinance, the Zoning Official or an adjacent property owner, who would be specially damaged by the violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent, correct or abate the violation.

(Ord. No. 12-2017-05, § 11.09, 12-18-2017)

A schedule of fees for consideration of all approvals, permits, certificates, and public hearings required under this Ordinance is established and may be amended from time to time by the Council.

(Ord. No. 12-2017-05, §11.10, 12-18-2017)