The provisions of this ordinance shall be administered by the planning commission in accordance with the authority granted by Title 37, Chapter 16, Article 3, Subdivision 1, Section 796, Code of Alabama, 1940, as same may be amended.

Editor's note— See Code of Alabama 1975, § 11-52-7.

1301.1 Zoning administrator. It shall be the duty of the building inspector and he is hereby given the authority to administer and enforce the provisions of this ordinance. The building inspector shall have the right to enter upon any premises during a reasonable period of time prior to the issuance of a certificate of occupancy for the purpose of making inspections of the buildings or premises necessary to carry out his duties in the administration and enforcement of this ordinance.

1301.2 Building permit required. It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures and signs, or to store building materials or erect temporary field offices, or to commence the moving, alteration (provided the cost of said alteration is in excess of five hundred dollars ($500.00)) or repair (except repairs not changing the character of the structure) any structure including accessory structures, or to commence the development of land for a use not requiring a building, including the dredging, filling, grading or excavation of land, until the building inspector has issued a building permit for such work, including a statement that the plans, specifications and intended use of such structure in all respects conform with the provisions of this ordinance. Except on the written order of the board of adjustment, no building permit shall be issued for any building where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this ordinance. Application for a building permit shall be made to the building inspector or forms provided for that purpose.

1301.3 Application for building permit. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing:

(a)

The actual dimensions of the lot to be built upon;

(b)

The shape, height, use, location on the lot and size of the building or structure to be erected or altered;

(c)

The sizes and locations of the existing buildings or structures on the lot;

(d)

The number of dwelling units the building, if residential, is designed to accommodate;

(e)

The setback lines of buildings on adjoining lots;

(f)

The layout of off-street parking and unloading spaces;

(g)

A certificate from the waterworks and sewer board indicating;

(1)

Tentative approval of the proposed sewer installation; or

(2)

Absence of public sewerage;

(h)

A certificate from the Butler County Health Department approving the proposed location of the septic tank and field lines, provided public sewerage is not available; and

(i)

Such other information as may be necessary to provide for the proper enforcement of the provisions of this ordinance.

The issuance of the permit does not waive any requirements or provisions of this ordinance.

If the application is rejected, the building inspector will state in writing on the application the reason for rejection.

1301.4 Construction progress. Any building permit issued becomes invalid if work authorized by it is not commenced within six (6) months of the date of issue or if the work authorized by the permit is suspended or discontinued for a period of one (1) year.

1301.5 Certificate of occupancy required. A certificate of occupancy issued by the building inspector is required in advance of the use or occupancy of:

(a)

Any lot, or a change in the use thereof;

(b)

A building hereafter erected or altered, or a change in the use of an existing building; and

(c)

Any nonconforming use that is existing at the time of the enactment of this ordinance or an amendment thereto that is changed, extended, altered or rebuilt thereafter. The certificate of occupancy shall state specifically wherein the nonconforming use fails to meet the provisions of this ordinance.

1301.6 Application for certificate of occupancy. All applications for certificates of occupancy shall be accompanied by a plan showing the required open space reserved for off-street parking in compliance with Article X, and no certificate of occupancy shall be issued unless the required facilities have been provided in accordance with the approved plan.

(a)

No certificate of occupancy shall be issued unless the lot or building or structure complies with all of the provisions of this ordinance. The installation of the septic tanks and field lines, when said facilities are required, shall be approved by the county health officer before backfilling. Written approval of said installation shall then be presented to the building inspector before a certificate of occupancy may be issued.

(b)

A record of all certificates of occupancy shall be kept on file in the office of the building inspector and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved.

Temporary uses, as set forth below, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the districts within which they are proposed for location.

1302.1 The building inspector is authorized to issue a temporary certificate of zoning compliance for temporary uses as follows:

(a)

Carnival, circus or fair in any commercial or industrial district or in the R-A Residential-Agricultural District, for a period not to exceed twenty-one (21) days, subject to the approval of the city council.

(b)

Religious meetings in a tent or other temporary structure in any commercial or industrial district or in the R-A Residential-Agricultural District, for a period not to exceed sixty (60) days.

(c)

Open lot sale of Christmas trees in any district for a period not to exceed forty-five (45) days.

(d)

Real estate sales office in any district for a period not to exceed one (1) year, provided no cooking or sleeping accommodations are maintained in the structure.

(e)

Contractor's office and equipment sheds in any district for a period of one (1) year, provided that such office is to be placed on the property to which it is appurtenant.

1302.2 All temporary certificates of zoning compliance may be renewed, provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion and would not create a nuisance to surrounding uses.

Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. Each day such violation continues shall constitute a separate offense.

If any building or structure is erected, constructed, reconstructed, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the building inspector or other appropriate authority or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction mandamus or other appropriate action in proceedings to stop the violations in the case of such building, structure or land.