§8.01.01

No construction, renovation, reconstruction, or development activity governed by this appendix shall be conducted prior to the issuance of a zoning permit by the enforcement officer. (Except non-electrical and non-structural repairs which are cosmetic in nature, to include painting and wallpapering, in which the cost or value does not exceed $10,000.00 for single family residential structures in AG, R1, R2, and R3 or exceed $1,000.00 for all other structures in any zone).

Repair: The renewal of any part of an existing building for the purpose of its maintenance using like-in-kind components. The word "Repair" or "Repairs" shall not apply to any change of construction or modification of any system to increase size, capacity, or function.

Renovation: Any improvements to an existing structure which modify the size, capacity, or function of the structure or any system therein; and the cleaning or removal of debris, trash, or other materials present which create a health or safety hazard in or about any dwelling, building, or structure. Additions to buildings, modifications to structural design, and/or bringing the existing structure into compliance with the applicable codes in the jurisdiction where the property is located are also considered renovations.

§8.02.01

Enforcement officer. The provisions of this appendix shall be administered and enforced by the Building Inspector or other officer of the city as may be designated. This official shall have the right to enter upon any premises, for which a permit has been issued, at any reasonable time for the purpose of making inspections of building or premises necessary in carrying out the duty in the enforcement of this appendix.

§8.02.02

Invalid permits.

A.

No zoning permit, building permit, certificate of occupancy, or business license, or any other permit or license shall be issued by any city department, official, or employee except in full compliance with this appendix.

B.

Any permit or license issued by any city department, official, or employee, where issued in conflict with or violation of any terms of this appendix or other applicable codes or ordinances, shall hereby be declared null and void.

C.

Building permits may expire, or become null and void, if the work authorized by the permit is not completed within 12 months after issuance. Permits that have been expired for over 180 days may not be renewed except under extenuating circumstances and as approved by the building official. Otherwise, a new permit application, all fees, and compliance with all current codes and regulations will be required.

§8.02.03

Approval of plans and issuance of zoning permit.

A.

The enforcement officer shall not issue a zoning permit for any proposed development activity until an application and accompanying plans or documentation has been filed and reviewed in conformance with this appendix. To this end, the enforcement officer shall require that every application for a zoning permit for construction, use of land, moving, or alteration be accompanied by appropriate documentation of compliance with all other applicable codes, ordinances, and regulations and a map or plat drawn to scale and showing the following in sufficient detail to enable the enforcement officer to ascertain whether the proposed construction, use of land, moving, or alteration is in conformance with this appendix. Clearing of a site for a potential development is not required when the activity is limited to the removal of trees, under growth and other vegetation. For other activity as follows:

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 the adjoining lots as may be essential for determining whether the provisions of this appendix are being observed.

5.

The locations of all existing zoning district boundaries that apply to the lot.

B.

If the proposed excavation, construction, moving, or alteration as set forth in the application, is in conformity with the provisions of this appendix and other city codes, the enforcement officer shall issue a zoning permit accordingly. The issuance of a zoning permit shall, in no case, be construed as waiving any provision of this appendix.

C.

If the application is rejected, the enforcement officer shall state in writing on the application the reason for rejection.

§8.02.04

Certificate of occupancy required.

A.

No land or building or other structure or part thereof hereafter constructed, moved, or altered in accordance with a zoning permit shall be occupied until the enforcement officer has 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 appendix.

B.

Within three regular business days after the owner or his agent has notified the enforcement officer that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the enforcing officer to make final inspection of the development site, and to issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of this appendix and other city codes.

C.

If a certificate of occupancy is denied, the enforcement officer shall state in writing the reason for rejection.

§8.03.01

Temporary uses, as set forth below, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the districts within which they are proposed for location. The enforcement officer is authorized to issue a temporary certificate of zoning compliance for any of the following temporary uses:

A.

Carnival, circus, or fair in any commercial district, for a period not to exceed 12 days, subject to the approval of the city council.

B.

Religious meeting in a tent or other temporary structure in any district, for a period not to exceed 30 days.

C.

Open lot sale of Christmas trees in any district, for a period not to exceed 45 days.

D.

Real estate sales office in any district, for a period not to exceed one year, provided that such office is placed on the property to which it is appurtenant.

§8.03.02

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.

Where a violation of the requirements of this appendix has been identified, either by complaint or by city staff inspection, the following procedures shall be followed.

§8.04.01

Investigation. If a complaint is received regarding an alleged violation of this appendix, the enforcement officer shall investigate the complaint and document the extent of the violation.

§8.04.02

Initial notification of violation. Once a violation has been confirmed and documented by investigation, the zoning enforcement officer shall issue a stop work order (if applicable) and/or prepare a letter to the owner of record of the property stating the nature of the violation, the date that the violation was verified, and requiring that the property owner cure the violation within a specified number of days from the date that the letter was mailed. The deadline for correction of the violation shall be established by the zoning enforcement officer with due consideration and respect for the nature of the violation, the amount of work necessary to correct the violation, and the need for expeditious remedy of the violation to prevent undue public impacts. However, in no instance shall the deadline for correction of the violation be less than 15 days nor more than 30 days from the date that the letter was mailed. The letter also shall state that the owner must correct the violation, or the city will issue a citation. Finally, the letter shall afford the offending property owner an opportunity to schedule a meeting with the zoning enforcement officer within five business days to discuss objections to the violation or to make special arrangements to cure the violation. Such notification letter shall be sent to the property owner via certified mail, return receipt requested. The city may, at the discretion of the zoning enforcement officer, send a copy of the letter to the developer or tenant of the property (as the case may be) by first class mail.

§8.04.03

Re-inspection. The zoning enforcement officer shall, at the expiration of the prescribed deadline for correction of the violation, re-inspect the property for compliance with the notification of violation.

§8.04.04

Notice of citation. If, upon re-inspection, the zoning enforcement officer confirms that the violation has not been cured as ordered, the zoning enforcement officer shall prepare a notice of citation, which shall be sent to the offending property by certified mail, return receipt requested. The notice shall state the date upon which the initial violation was confirmed, the nature of the violation (including references to the specific code provisions that have been violated), the required corrective measures, the dates upon which the initial notification of violation was sent and received, the time frame afforded to the property owner for correction of the violation, the date that the failure to correct the violation was confirmed, and the amount of the applicable fine, which shall be calculated from the date of citation and full payment of which shall constitute an additional remedial action for correction of the violation. The notice also shall require the property owner to fully correct the violation within ten days of the date of citation, or the owner will be required to appear before the municipal court, at a time and date to be determined by the municipal court, to answer the charge of violation as explained in the notice of citation.

§8.04.05

Court action. If the zoning enforcement officer confirms that the violation has not been cured within the time frame specified in the notice of citation, the zoning enforcement officer shall file a written complaint for relief of the violation with the municipal court.

§8.05.01

Procedures. The regulations and the number, area, and boundaries of districts established by this appendix may be amended, supplemented, changed, modified, or repealed by the city council, but no amendment shall become effective until it is first submitted to the zoning and planning commission for its recommendation. The planning commission, upon its own initiative, shall hold public hearings, public notice of which shall be provided, for the consideration of any proposed amendment to the provisions of this appendix or to the Zoning Map of Heflin, and report its recommendations to the city council. The provisions of Section 78 of Title 11 of the 1975 Code of Alabama, as the same may be amended, shall apply to all changes and amendments.

§8.05.02

Authorized petitioners. A petition for amendment of this appendix or the zoning district boundaries may be initiated by the city council, the planning commission, or the owner of a property or his agent.

§8.05.03

Petition for amendment. A petition for amendment, when initiated by the property owner or authorized agent of such owner, shall meet the application requirements of this section.

Any persons, firm, or corporation desiring to petition for rezoning under the authority of this section must present such petition to the enforcement officer in writing, at least 18 days prior to the planning commission hearing. The petition shall be accompanied by the following information and materials:

A.

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

B.

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

C.

Present and proposed zoning and land use of the property under consideration.

D.

Reason for the rezoning request.

E.

A site plan, drawn to scale and dimensioned, showing the size and location of the property boundaries, public rights-of-way, and the proposed use and development layout, if proposed.

F.

A payment to the City of Heflin in the amount of $25.00.

§8.05.04

Planning commission action.

A.

Notice of public hearing. Where a zoning amendment or rezoning is petitioned by a property owner, the city clerk shall post, at least 15 days prior to the date of the scheduled planning commission hearing, a public hearing notice regarding the proposed rezoning in four conspicuous places within the city. The notice shall state the following information:

1.

The name of the petitioner.

2.

The location of the property and the nature of the petition.

3.

The current and proposed zoning and land use of the property.

4.

The time, date, and location of the planning commission hearing of the proposed zoning amendment.

B.

Scheduling of hearing. The planning commission shall hold a public hearing at the first regularly scheduled meeting after compliance with the application and notice requirements of this appendix.

C.

Planning commission recommendation. The planning commission, by majority vote, shall recommend approval or denial of the requested zoning amendment or rezoning. Once a recommendation has been approved, the planning commission report its recommendations and the findings thereof to the city council. The planning commission report shall be transmitted to the city council within 30 days of the hearing, unless an extension period is granted by the city council. Otherwise, the proposed amendment shall be considered to have been recommended by the planning commission. To obtain an extension period from the city council, the planning commission shall entertain a motion to request such extension then shall immediately forward such request to the city council for consideration at the next regularly scheduled city council meeting.

§8.05.05

City council action.

A.

Public hearing notice. At least 15 days in advance of the passage of the amendment to the zoning ordinance, a notice of a public hearing on the proposed amendment shall be posted in full in four conspicuous places within the city, together with a notice stating the time and place that the amendment is to be considered by the city council and stating further that at such time and place all persons who desire shall have opportunity of being heard in opposition to or in favor of such amendment. The city council shall hold a public hearing at the first regularly scheduled meeting after compliance with the notice requirements of this appendix.

B.

Scheduling of public hearing. Upon receipt of the recommendation of the planning commission, the city council shall schedule a public hearing on the proposed amendment at the next regularly scheduled city council meeting, unless there is not sufficient time for the public notice to be posted or unless the city council elects not to hear the request.

C.

Approval or denial. After the public hearing on a rezoning petition or proposed amendment to the zoning ordinance, the city council shall vote to approve or deny the amendment. Failure by the city council to vote in favor of a proposed amendment shall constitute denial of the amendment without a formal vote.

§8.05.06

Time limit. After the city council has voted on an application for rezoning or other amendment to the zoning ordinance, another application for rezoning of the same tract or parcel of land, or change of the same portion of the zoning ordinance, will not be considered until a period of one year has elapsed from the date of such action by the city council. Provided, however, that the city council may adjust this time period, if in the opinion of a majority of the city council an unusual situation or circumstance exists.

§8.05.07

Initial zoning of annexed property.

A.

Application for zoning. An application for zoning of property to be annexed shall accompany each petition for annexation. The application for zoning shall be made on a form available from the city and be filed with the city clerk at least three regular business days prior to the zoning and planning commission hearing. The city clerk shall transmit such petition and application to the planning commission, which shall hold a public hearing and give notice of such hearing in accordance with the notice requirements in subparagraph §8.05.04 - A (notice of public hearing) of this article.

B.

Planning commission action. The planning commission shall hold a public hearing at the first regularly scheduled meeting after submission and acceptance of the application. The planning commission, by majority vote, shall report its recommendations to the city council as to whether the property to be annexed should be brought into the city in the zoning district requested by the applicant or, if the planning commission believes the requested zoning designation to be inappropriate, in the AG: Agricultural zoning district (AG district will be assigned as the default zoning district and subject to all zoning regulations therein unless rezoned as part of the annexation process). The planning commission report shall be transmitted to the city council within 30 days of the hearing date, unless the city council grants an extension of such period. Otherwise, the zoning classification requested by the applicant shall be deemed to have been recommended by the planning commission.

C.

City council action. Upon receipt of the recommendation of the planning commission, the city council shall schedule and hold a public hearing on the recommended zoning of the property to be annexed. Such hearing shall not be held until the city council has annexed said property into the city, but may be conducted immediately following adoption of the annexation ordinances. The city council shall give public notice of the hearing on the recommended zoning in accordance with subparagraph §8.05.05 - A (public hearing notice) of this article. Following such hearing, the city council shall decide by majority vote to accept or reject the recommended zoning. If the recommended zoning is accepted, such property shall be added to the Heflin Zoning Map. If the recommended zoning is rejected, such ordinances shall be remanded to the planning commission for reconsideration.

D.

Planning commission reconsideration. If the city council rejects the zoning recommended by the planning commission, the planning commission, within 30 days following annexation, shall review the zoning of the newly annexed property and, if determined necessary, initiate a petition to rezone the property to the most appropriate district, in accordance with section §8.05.03 (petition for amendment) of this article. No fee shall be paid by the applicant for any reconsideration and rezoning action by the planning commission conducted in accordance with this subparagraph. In determining the most appropriate zoning, the planning commission shall duly consider the following minimum items:

1.

The Heflin Comprehensive Plan, as adopted by the planning commission, as well as other relevant land use and planning studies;

2.

The desires of the property owner subject to rezoning, as well as concerns of adjacent property owners;

3.

The purposes and considerations of zoning, as required by this appendix and Section 11-52-72 of the Code of Alabama, as amended.

E.

Action on planning commission petition. The planning commission and city council shall act on the planning commission petition to rezone the newly annexed property in accordance with the procedures set forth in sections §8.05.04 and §8.05.05 of this article.

Conditional uses are defined as those that have a unique impact, in contrast to potential impacts from permitted uses. This can include exceeding permitted uses in intensity or having such singularity that the use's effect on the surrounding area cannot be determined prior to implementing the proposed use. Therefore, conditional uses must be reviewed in consideration of existing zoning and land uses in the area. This includes consistency with the comprehensive plan, this appendix, and any other development policies and/or city regulations; in addition; consideration should be given to what extent the developer has exhausted other steps to minimize adverse effects on surrounding properties, and the health, welfare, and safety of the public in general.

§8.06.01

Application. Conditional use applications must be first submitted to the planning commission for consideration. Applications should include a site plan and be filed at least 20 business days prior to the application hearing date. Notice should also be given to adjoining landowners. The planning commission must approve, approve with conditions, or deny the request within 60 days, unless the applicant agrees upon an extension. In addition, the planning commission must hold a public hearing and give sufficient public notice. Should the planning commission fail to provide a decision within the 60-day period, it is assumed to have approved the proposed conditional use.

§8.06.02

Criteria. The planning commission will review the proposal for consistency with the comprehensive plan, this appendix, and any other applicable city policies or regulations. The planning commission must determine whether the proposal has made satisfactory provisions concerning the following:

A.

Access into and out of the property and the proposed structures/use, giving particular consideration to vehicular and pedestrian safety, accessibility, traffic flow and control, and emergency access.

B.

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

C.

The location and convenience of refuse and service areas, including consideration of possible adverse effects on the surrounding properties

D.

The screening and buffering of possible adverse appearances and activities on surrounding properties.

E.

The control of potential noise, glare, odor, water runoff, and other impacts on surrounding properties.

F.

The location, availability, and capacity of utilities in the area.

G.

The location and scale of signs and/or lighting, considering traffic safety, glare, and consistency with surrounding properties.

H.

The bulk, density, and lot coverage of structures/yards/open areas, considering consistency with surrounding properties.

§8.06.03

Conditions. The planning commission may institute conditions for approval that it deems necessary to protect the public interest; this can be in relation to the topics discussed above, and/or to any other consideration that is determined applicable. The approval and conditions will be connected and run with the property, and not with any particular person. Violations of conditions attached to uses are considered violations of this appendix.

Fines for violation of any provision of this appendix are defined below. Each day a violation is committed or continues constitutes a separate offense. Violation conviction and charging of fines does not exempt the violation from compliance.

§8.07.01

If corrections are made within 72 hours of correction notice receipt, there will be no monetary penalty.

§8.07.02

If no corrections are made within 72 hours, a second correction notice will be delivered, and the property owner will be subject to a fine of $100.00.

§8.07.03

If no corrections are made within 72 hours of the second correction notice receipt, a final notice will be delivered. This will include an additional fine of $100-500 per day until the violation is corrected, in addition to any further penalties as determined through court proceedings.

When a structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or a structure or land is used in violation of this appendix, the building official or an adjacent property owner, who would be especially 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.