The provisions of this ordinance shall be administered and enforced by the building inspector of the City of Hartselle. This official shall have the right to enter upon any premises at any reasonable time prior to the issuance of certificate of occupancy for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.

It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair (except repairs not changing the character of the structure and not exceeding $500.00 in cost, or painting or wallpapering) of any structure, including accessory structures, until the building inspector of the city 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 ordinance. Application for a building permit shall be made to the building inspector of the city on forms provided for that purpose.

It shall be unlawful for the building inspector of the city to approve any plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this ordinance. To this end, the building inspector of the city shall 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 building inspector of the city to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this ordinance:

(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.

(c)

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

(d)

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 ordinance are being observed.

If the proposed excavation, construction, moving, or alteration as set forth in the application, are in conformity with the provisions of this ordinance, the building inspector of the city shall issue a building permit accordingly. If an application for a building permit is not approved, the building inspector of the city shall state in writing on the application the cause for such disapproval. Issuance of building permit shall, in no case, be construed as waiving any provision of this ordinance.

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 of the city shall have issued a certificate of occupancy stating that such land or structure or part thereof is found to be in conformity with the provisions of this ordinance.

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

Any person violating any provision of this ordinance shall be fined upon conviction not more than $100.00 and costs of court for each offense. Each day such violation continues shall constitute a separate offense.

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 ordinance, the building inspector of the city 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.

(a)

Purpose. The intent of this section is to prevent undesirable site development which would unduly create inadequate circulation and unnecessary congestion; to obtain maximum convenience, safety, economy and identity in relation to adjacent sites; to provide maximum flexibility for expansion, change in use and adaptation to individual needs. Thus, applicants for building permits must submit scale drawings, according to the particular type of development proposal, in accordance with the following procedures.

(b)

Requirements. Upon approval by the planning commission, a site plan is valid for a period of 12 months, after which it becomes void unless a building permit has been issued based upon the site plan.

(1)

Prior to issuance of a building permit, proposals for the location or construction of a principal structure(s) on a lot shall be submitted in accordance with the requirements of this section and be approved by the Hartselle Planning Commission.

a.

This requirement shall not apply to the construction, remodel or expansion of structures being used solely for single-family residential purposes, regardless of zoning designation. However, single-family dwellings shall be subject to plot plan review and approval by staff prior to building permit issuance as deemed necessary to ensure proper placement of the structure on the property per all local ordinances and in respect of all easements and rights-of-way.

b.

This requirement shall not apply to the remodel or expansion of existing structures being used for other than single-family residential purposes. However, additions shall be subject to staff review to ensure that provisions are made for all screening, parking, setback, and drainage requirements. Staff may require drawings and survey data as needed to determine whether these items are addressed to the satisfaction of all city ordinances and no certificate of occupancy shall be granted prior to the satisfaction of all such requirements.

c.

This requirement shall not apply to the conversion of structures previously used for single-family residential purposes into other occupancy classifications (i.e., commercial) except that the screening provisions of paragraph three herein shall be in full force as per a new construction. Such conversions shall be subject to staff review to ensure that this requirement is satisfied and no certificate of occupancy or business license shall be granted prior to the satisfaction of said screening requirement.

(2)

Upon approval by the planning commission, a site plan is valid for a period of 12 months, after which it becomes void unless a building permit has been issued based upon the approved site plan.

(3)

Landscaping and screenings:

a.

In all zoning districts, one tree is required for each 2,000 square feet or fraction of yard space (yard space is lot area minus the area occupied by structures).

b.

All trees required shall, at planting, have a minimum height of six feet and minimum diameter of one and one-half inches at four and one-half feet above ground.

c.

Required trees shall not be pruned, except to remove dead wood, in a manner as to prevent growth to a height of at least 15 feet or to reduce existing height below 15 feet.

d.

Where new tree plantings are otherwise required, existing trees having a height of at least ten feet may be counted as required trees if the earth below their branches remains undisturbed by heavy machinery.

e.

All required trees shall be surrounded by an unpaved area of at least 12 square feet, and shall be located a minimum of eight feet apart.

f.

Four shrubs shall be required for every one required tree.

g.

Required shrubs shall be at least one-gallon size and at least 12 inches high at planting.

h.

Within all dedicated easements and/or rights-of-way lying between the site property and the pavement of a public road, as well as within any area on the site property not occupied by structures, parking, required trees and shrubs, or flowerbeds, all ground shall be graded to a maintainable surface and sewn grass or sod shall be installed and maintained.

i.

Where a business site adjoins any residential district or where a multifamily residential site adjoins a single-family residential district, an appropriate screening device at a height of no less than seven feet at installation shall be installed and maintained.

j.

Appropriate screening devices shall consist of evergreen trees, shrubs, and/or solid-panel fencing of material deemed appropriate by the Planning Commission.

k.

Upon installation and/or planting, screening materials shall span the full length of the subject property line(s) and shall screen at least 50 percent of the new structure(s) from view from neighboring property.

l.

Under no circumstances shall plantings for screening be counted toward the fulfillment of landscaping requirements as otherwise outlined in this ordinance.

m.

If a screening fence has two distinct sides, the side with protruding studs, posts, etc., shall face the lot of the party responsible for the placement of the fence.

n.

Variance from the requirements of this section may be granted only in instances when said requirements incur an unnecessary hardship on a property as determined by the board of zoning adjustment.

o.

Prior to the granting of a certificate of occupancy by the city building official, installed landscaping shall be inspected and approved by the city planner for conformance to the approved site plan. If, in the opinion of the city planner, all required landscaping has not been completed, a financial guarantee (performance bond) may be provided in-lieu of immediate installation of the required landscaping. Said performance bond shall be received and accepted by the city planner prior to the granting of the certificate of occupancy and shall be equal to 120 percent of the estimated total cost to complete all landscaping requirements. Performance bonding may be made by deposit with the City of Hartselle in the form of a certified check, or in the form of an irrevocable letter of credit established with a financial institution, and automatically renewable after the initial period of 90 calendar days, wherein the City of Hartselle has access to funds in the event the city must contract the completion of required landscaping. The time allowed for the completion of all landscaping shall be 90 calendar days from the issue date of the certificate of occupancy and may be extended only by action of the planning commission. Upon completion of all required landscaping, the developer shall notify the city planner in writing. The city planner shall inspect all landscaping for completion in conformance with the approved site plan and issue a certified opinion to the planning commission. Such report shall recommend full approval or rejection of the landscaping with the stated reason(s) for any rejection. Approval of landscaping by the planning commission shall authorize the city planner to return said bond to the developer within 30 days of planning commission action. Rejection of landscaping by the planning commission shall require the continued holding of the performance bond until such time that all issues are corrected by the developer and a satisfactory inspection report by the city planner is presented to the planning commission for full approval or rejection. Under no circumstances shall the commission partially approve landscaping and reduce the amount of a landscaping performance bond.

(4)

The following information shall be reflected in the site plan:

a.

Boundary information for the site, including lot size and dimensions;

b.

Building footprint location and distance to all property line;

c.

Footprint and total building areas in SF;

d.

All building footprint perimeter dimensions in feet;

e.

Zoning setback lines;

f.

Required fencing and/or screening;

g.

Dates of revision;

h.

Site topography, existing and proposed, including drainage details/calculations;

i.

Landscaping plan with summary of plantings required vs. proposed;

j.

Vicinity/location map;

k.

Location and size of utilities and easements, existing and proposed;

l.

All site utilities shown as underground (electricity, gas, sewers, and water);

m.

Location and size of drainage infrastructure and easements, existing and proposed;

n.

Contact information for property owner, developer, and plan preparer;

o.

North arrow;

p.

Location and dimensions of parking spaces, dumpster pad, and islands;

q.

Summary of parking spaces required vs. proposed;

r.

All parking areas shown as paved with curb and gutter;

s.

Concrete loading/unloading and truck areas noted;

t.

Points of ingress/egress with any required turn/acceleration lanes;

u.

Names and ROW dimensions for all adjacent roadways;

v.

Scale of not less than one inch = 100 feet;

w.

Pylon sign location with height and cabinet dimensions; installation detail;

x.

All adjacent property owners;

y.

Flood hazard boundaries, if applicable;

z.

Details for all paving, curb/gutter, and DU&T infrastructure.

(5)

The following certificate shall appear on the site plan:

CERTIFICATE OF APPROVAL FOR ISSUANCE OF BUILDING PERMIT

This site plan was approved by the Hartselle Planning Commission on _______. This site plan is approved for issuance of a building permit. _______
City Planner _______
Date

This site plan is void unless a building permit is issued by_______.

(Ord. No. 1014, § 1, 3-24-1999; Ord. No. 1048, § 2, 3, 2-8-2000; Ord. No. 1156, § 1, 12-9-2003; Ord. No. 1177, §§ 1, 2, 1-11-2005; Ord. No. 1285, §§ 1, 2, 6-10-2008; Ord. No. 1365, § 1, 3-26-2012)