The provisions of this article shall be administered and enforced by the zoning compliance officer. He shall give information upon request as to the provisions of this article and shall interpret the meaning of this article in the course of enforcement. The zoning compliance officer or an appropriately authorized designee shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary in carrying out his duties in the enforcement of this article.

(Ord. No. 2010-4, § 140, 2-16-2010; Ord. No. 2013-12, § 140, 12-2-2013)

It shall be unlawful to commence the excavation for or the construction of any building or other structure, or to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair of any structure for which a building permit is required until the building inspector has issued for such work a building permit including a statement that the plans, specifications and intended use of such structure in all respects conform with the provisions of this article.

(Ord. No. 2010-4, § 141, 2-16-2010; Ord. No. 2013-12, § 141, 12-2-2013)

(a)

It shall be unlawful for the building inspector to approve any plans or issue a building permit for any excavation or construction until he has received notification from the zoning compliance officer that the proposed plans are in conformity with this chapter and with all city building regulations.

(b)

To this end, the zoning compliance officer may require that every application for a building permit for excavation, construction, use of land, moving or alteration be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the zoning compliance officer to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this chapter and all city building regulations:

(1)

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

(2)

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.

(3)

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

(4)

The setback and side lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this article are being observed.

(5)

The location, arrangement, design, number and shape of parking spaces provided in accordance with this article and relevant information used to calculate parking requirements.

(c)

If the proposed excavation, construction, moving, or alteration as set forth in the application is in conformity with the provisions of this chapter and all city building regulations, the zoning compliance officer shall certify zoning compliance to the building inspector. If a zoning compliance is not certified, the zoning compliance officer shall state in writing the cause for such disapproval. Issuance of a building permit shall, in no case, be construed as waiving any provision of this chapter or any other provision of this Code.

(Ord. No. 2010-4, § 142, 2-16-2010; Ord. No. 2013-12, § 142, 12-2-2013)

(a)

No land or building or other structure or part thereof hereafter erected, moved or altered in its use shall be used until the building inspector has completed a final inspection stating that such land or structure or part thereof is found to be in conformity with the provisions of this chapter and all city building regulations.

(b)

Within five working days after the owner or his agent has notified the building inspector that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building inspector to make a final inspection thereof, and to issue a certificate of final inspection if the building or premises or part thereof is found to conform with the provisions of this chapter and all city building regulations or to state the refusal in writing with the cause.

(Ord. No. 2010-4, § 143, 2-16-2010; Ord. No. 2013-12, § 143, 12-2-2013)

(a)

Any person violating any provision of this article shall be fined upon conviction not less than $100.00 nor more than $200.00 and costs of court, as imposed by the municipal judge, for each offense. Each day that such violation continues shall constitute a separate offense.

(b)

In addition to all other penalties and remedies applicable for violation of this Code, in case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this article, the zoning compliance officer of the municipality or any other appropriate authority or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violations or to prevent occupancy of such building, structure, or land.

(Ord. No. 2010-4, §§ 144, 145, 2-16-2010; Ord. No. 2013-12, §§ 144, 145, 12-2-2013)

A board of adjustment is hereby established. The board shall consist of five members, each to be appointed for a term of three years by the city council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Each member may be removed for cause by the appointing authority upon written charges and after a public hearing.

(Ord. No. 2010-4, § 150, 2-16-2010; Ord. No. 2013-12, § 150, 12-2-2013)

(a)

Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such 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.

(b)

The board shall adopt and publish its own rules of procedure and 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 of other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 2010-4, § 151, 2-16-2010; Ord. No. 2013-12, § 151, 12-2-2013)

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 an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.

(2)

Special exceptions. To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.

(3)

Variances. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. In exercising the above mentioned powers, such board may, in conformance with the provisions of this article, 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 all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(Ord. No. 2010-4, § 153, 2-16-2010; Ord. No. 2013-12, § 153, 12-2-2013)

(a)

An appeal may be taken to the board by any person aggrieved, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof.

(b)

The officer from whom the appeal is taken shall transmit forthwith to the board all papers constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown.

(c)

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 same within a reasonable time.

(d)

At the hearing, any party may appear in person or by agent or by attorney.

(Ord. No. 2010-4, § 152, 2-16-2010; Ord. No. 2013-12, § 152, 12-2-2013)

Any party aggrieved by any final judgment or decision of the board of adjustment may, within 15 days thereafter, appeal therefrom to the circuit court or court of like jurisdiction, by filing with the board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, the board shall cause a transcript of the proceedings in the cause to be certified to the court to which the appeal is taken and the cause in such court to be tried de nova.

(Ord. No. 2010-4, § 154, 2-16-2010; Ord. No. 2013-12, § 154, 12-2-2013)

The city has created a city planning commission authorized and empowered to make, adopt, amend, extend, add to, or carry out a city plan as provided by Code of Ala. 1975, § 11-52-1 et seq.

(Ord. No. 398, § 1, 8-22-1977; Ord. No. 2007-9, 12-17-2007; Ord. No. 2009-10, § 2, 7-7-2009)

(a)

Number; qualifications. The commission shall consist of nine members comprised of the mayor or his designee, a city administrative official selected by the mayor, a member of the city council by the council as a member ex officio, and six persons appointed by the mayor if the mayor is an elective officer. In the event the mayor designates a person to sit in his place on the city planning commission, the person so appointed shall serve during the term of the mayor, unless the original appointment is limited to a term of not less than 12 months at time of appointment.

(b)

Compensation. All members of the commission shall serve without compensation.

(c)

Holding other city offices. The appointed members shall hold no other city office, except that one of the appointed members may be a member of the zoning board of adjustment.

(d)

Terms. The terms of ex officio members shall correspond to their respective official tenures, except that the term of the administrative official selected by the mayor shall terminate with the term of the mayor selecting the member. The term of each appointed member shall be six years or until the successor takes office, except that the respective terms of five of the members first appointed shall be one, two, three, four, and five years.

(e)

Removal. Members other than the member selected by the council may, after a public hearing, be removed by the mayor for inefficiency, neglect of duty or malfeasance in office. The council may for like cause remove the member selected by it. The mayor or council, as the case may be, shall file a written statement of reasons for such removal.

(f)

Vacancies. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the mayor in the case of members selected or appointed by him, by the council in the case of the member, or other members selected by it and by the appointing power designated by the council if the mayor is not an elective officer.

(Ord. No. 2009-10, § 3, 7-7-2009)

The commission shall elect its chairperson from the amount of appointed members and create and fill such other of its offices as it may determine. The term of office of the chairperson shall be one year, with eligibility for re-election.

(Ord. No. 2009-10, § 4, 7-7-2009)

The commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(Ord. No. 2009-10, § 4, 7-7-2009)

The commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the city. The commission may also contract with city planners, engineers, architects, and other consultants for such services as it may require.

(Ord. No. 2009-10, § 5, 7-7-2009)

The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the council, which shall provide the funds, equipment and accommodations necessary for the commission's work.

(Ord. No. 2009-10, § 5, 7-7-2009)

(a)

In addition to all other powers and duties provided in this article, in other provisions of this Code or other ordinances of the city, and by state law, the commission shall have powers and duties as provided in this section.

(b)

The commission shall have such powers as may be necessary to enable it to fulfill its functions, promote city planning or carry out the purposes of Code of Ala. 1975, § 11-52-1 et seq.

(c)

The commission shall have power to promote public interest in and understanding of the master plan and to that end may publish and distribute copies of the plan or of any report and may employ such other means of publicity and education as it may determine.

(d)

Members of the commission, when duly authorized by the commission, may attend city planning conferences or meetings of city planning institutes or hearings upon pending city planning legislation, and the commission may, by resolution, spread upon its minutes, pay the reasonable traveling expenses incident to such attendance.

(e)

The commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof.

(f)

It shall be part of the duties of the commission to consult with and advise public officials and agencies, public utility companies, civic, educational, professional and other organizations and with citizens with relation to the protecting or carrying out of the plan.

(g)

The commission shall have the right to accept and use gifts for the exercise of its functions.

(h)

The commission shall have the right to request and acquire from all public officials within a reasonable time such available information as it may require for its work.

(i)

The commission, its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.

(j)

The commission shall have all powers heretofore granted by law to the city zoning commission and all powers and records of the zoning commission shall be transferred to the planning commission.

(Ord. No. 398, § 3, 8-22-1977; Ord. No. 2007-9, 12-17-2007; Ord. No. 2009-10, §§ 6, 7, 7-7-2009)

(a)

It is the function and duty of the commission to make and adopt a master plan for the physical development of the city, including any areas outside of its boundaries that, in the commission's judgment, bear relation to the planning of the city.

(b)

Such plan, with the accompanying maps, plats, charts and descriptive matter shall show the commission's recommendations for the development of said territory, including, among other things, the general location, character and extent of streets, viaducts, subways, bridges, waterways, waterfronts, boulevards, parkways, playgrounds, square, parks, aviation fields and other public ways, grounds and open spaces, the general location of public buildings and other public property, the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes, the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of the height area, bulk, location, and use of buildings and premises.

(c)

As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part or parts thereof, any such part to cover one or more major sections or divisions of the city or one or more of the aforesaid or other functional matters to be included in the plan. The commission may from time to time amend, extend or add to the plan.

(d)

In the preparation of the plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city and with due regard to its relation to neighboring territory.

(e)

The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements.

(Ord. No. 398, § 2, 8-22-1977; Ord. No. 2009-10, §§ 8, 9, 7-7-2009)

(a)

The commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, said parts corresponding with major geographical sections or divisions of the city or with functional subdivisions of the subject matter of the plan and may adopt any amendment or extension thereof of addition thereto.

(b)

Before the adoption of the plan or any such part, amendment, extension or addition, the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the city and in the official gazette, if any, of the city, provided that the planning commission may dispense with such public hearing prior to the approval or disapproval of a plan when the city governing body to whom the plan will be submitted will be required to hold a public hearing, and give notice thereof before the plan can be adopted by such city.

(c)

The adoption of the plan or of any such part or amendment or extension or addition shall be by resolution of the commission carried by the affirmative votes of not less than six members of the commission. The resolution shall refer expressly to the maps and descriptive and other matters intended by the commission to form the whole or part of the plan and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or secretary of the commission.

(d)

An attested copy of the plan or part thereof shall be certified to the governing body and to the county probate judge.

(Ord. No. 2009-10, § 10, 7-7-2009)

(a)

Whenever the commission shall have adopted the master plan of the city or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space or public building or structure of public utility, whether publicly or privately owned, shall be constructed or authorized in the city or in such planned section and district until the location, character and extent thereof shall have been submitted to and approved by the commission.

(b)

In the case of disapproval, the commission shall communicate its reasons to the council, which shall have the power to overrule such disapproval by a recorded vote of not less than two thirds of its entire membership.

(c)

If the public way, ground, space, building, structure or utility is one that falls by law or charter, within the province of a board, commission or body other than the city council, then the submission by the planning commission shall be to the board, commission or body having such jurisdiction and the planning commission's disapproval may be overruled by said board, commission or body by a vote of not less than two thirds of its membership.

(d)

The failure of the commission to act within 60 days from and after the date or official submission to the commission shall be deemed approval.

(Ord. No. 2009-10, § 11, 7-7-2009)