The provisions of this ordinance shall be administered and enforced by the building official of the city, who shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of land or structures necessary to carry out the enforcement of this ordinance.

(1)

Board of adjustment: The Homewood Board of Adjustment was established pursuant to section 11-52-80, Code of Alabama 1975; and shall have all powers and duties delegated to boards of adjustment by said code, which generally are:

a.

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 ordinance.

b.

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

c.

To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.

(2)

Standard building code: The Standard Building Code is that version presently adopted by the City of Homewood. The enforcement of this code provides minimum requirements to safeguard life, health and public welfare and the protection of property as it relates to these safeguards by regulating and controlling the design, construction, alteration, repair, equipment, use, and occupancy, location, maintenance, removal and demolition of all buildings or structures and appurtenances thereto. The first chapter of the building code sets forth the administrative process for the issue of a building permit.

(3)

Building permit: It shall be unlawful to: a. commence earthwork, or b. commence construction of any building or other structure, including accessory structures or signs, or c. store building materials or erect temporary field offices, or d. commence the moving, alteration or repair of any structure, until the building official of the city has issued for such work, a building permit. Building permits shall be required for any excavation, construction, or alteration the cost of which is one thousand dollars ($1,000.00) or more.

(4)

Review of building permit applications: It shall be unlawful for the building official of the city to approve any plans or issue a building permit until said official has inspected the plans in detail and found them in conformity with this ordinance. No building permit shall be issued for any structures in districts regulated by a final development plan until authorized by the zoning administrator. All plans submitted with a building permit application shall contain the following:

a.

Location, size, dimensions and current zoning of the site.

b.

The use, location, size, and height of all existing and proposed structures on the site.

c.

The location and number of parking spaces, as well as points of ingress and egress.

d.

All easements and rights-of-way.

e.

The setback and side lines of buildings on adjoining property, and other information concerning the lot or adjacent property as may be required for determining conformance with the provisions of this ordinance.

f.

The location and dimensions of all exterior graphic displays.

g.

Buffers.

(5)

Unlawful structure: Any use of land or a structure, or construction or alteration of a structure in violation of this ordinance, is hereby declared to be a nuisance per se. Whenever the building official declares that the use of land or a structure is in violation of this ordinance, the owner or occupant shall, within seventy-two (72) hours from the issue of a notice from the building official to vacate such premises, accomplish the vacation of such land or structure until said use be made to conform to the provisions of this ordinance.

(6)

Penalties: Any person, firm, corporation, or other organization which violates this ordinance shall be fined upon conviction not less than twenty dollars ($20.00) nor more than one hundred dollars ($100.00) and cost of court for each offense. Each day such violation continues shall constitute a separate offense.

(7)

Remedies: When 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 official of the city or any other appropriate authority or any adjacent or neighboring property owner who would be damaged or caused hardship by such violation may bring an injunction, mandamus, or other appropriate action or proceeding, to correct or abate such violation or to prevent occupancy of such building, structure, or land.

(Ord. No. 2001, § 6, 11-23-98)

Cross reference— Created and established, § 17-1.

(1)

Review procedure: A proposed amendment to the zoning ordinance, including the map, may be initiated by the city, or at the request of the owner of the subject property. All proposed amendments shall be considered by the city, in accordance with Title 11, Chapter 52, Article 4, of the Code of Alabama 1975, as amended, and Act No. 1123 of the 1973 Acts of the Legislature codified at section 1059(28)—(31), Volume 14(c) of the 1973 supplement to the Code of Alabama 1940, as recompiled in 1958.

(2)

Owner initiate rezoning application requirements: At least thirty (30) days prior to a regularly scheduled planning commission meeting, the applicant shall submit to the secretary to the planning commission:

a.

An administrative fee of two hundred fifty dollars ($250.00) plus an amount equal to the sum of any and all expenses incurred by the City of Homewood for publication, notification for hearings, planning, engineering, and surveying services rendered or required in connection with said application, and/or as otherwise provided by ordinances of the City of Homewood.

b.

A completed application form supplied by the zoning administrator, accompanied by the following materials:

1.

A site plan, drawn to scale, indicating:

i.

The dimensions and location of the site.

ii.

The shape, size, height and location of all existing structures on the site.

iii.

The number and location of parking spaces, and location of ingress and egress.

iv.

All rights-of-way and easements.

v.

Other information which may be required by the planning commission during the review process.

2.

A written statement indicating:

i.

Reason for the request.

ii.

Legal description of the subject property.

iii.

Traffic volumes to be generated by the proposal.

iv.

Availability of required utilities.

3.

Planning Commission public hearing notices on a form supplied by the zoning administrator, in accordance with the following provisions:

i.

The notice shall be addressed to all of the owners of property located in whole or in part within five hundred (500) feet from the boundaries of the property which is the subject of the proposed change in zoning classification, as shown by the records of the Jefferson County Tax Assessor on a date not more than one (1) year prior to the date of such notice.

ii.

Such notices shall state the street address of the property, if any, and the proposed amendment or change in zoning classification.

iii.

Such notices shall state that a written protest of the proposed amendment or change in zoning classification may be filed with the secretary to the planning commission of the City of Homewood one (1) day prior to the proposed date of the public hearing for the consideration of the zoning classification change or amendment. The protest must be signed by the property owner making such protest and only one (1) protest shall be allowed for each separately assessed unit of property.

iv.

Such notices shall be deposited in the United States mail by the secretary to the planning commission at least seven (7) days prior to the proposed date of the public hearing.

v.

The notice addressed to the owners of the property as required in (i) above shall be deemed given when deposited in the United States Mail, First Class postage prepaid.

4.

Zoning amendments which require preliminary development plan approval shall submit said plan as required in article VI of this ordinance.

c.

The zoning administrator shall be responsible for posting property with signs that note the proposed district change and the time and place of the planning commission hearing. The zoning administrator shall post property at least fifteen (15) days in advance of the public hearing before the planning commission. The property shall remain posted until the public hearing is completed. The required signs shall be placed along the public street abutting the property subject to rezoning. However, the posting requirements set out in the section above shall not be required for any city initiated request to establish a new zoning district if the proposed new zoning district has been the subject of a public input session at which the proposed new zoning district was available for public discussion and comment by the general public prior to the planning commission public hearing.

(3)

Conditional rezoning.

a.

In situations where more flexible and adaptable zoning methods are needed, rezoning amendments may be allowed subject to certain conditions that are not generally applicable to land similarly zoned. Proposed rezoning amendments may include the voluntary proffering in writing, signed by the property owner (and the authorized agent of the property owner, if any), of reasonable conditions in addition to the regulations provided for in the desired zoning district. Any such proffered conditions must adhere to the following criteria:

1.

The rezoning itself must give rise to the need for the conditions.

2.

Such conditions shall have a reasonable relation to the rezoning.

3.

Such conditions shall not include a cash contribution to the city.

4.

Such conditions shall not include dedication of property for public right-of-way or facilities, unless otherwise required by the Homewood Subdivision Regulations.

5.

Such conditions shall not include payment for or construction of off-site improvements, unless otherwise required by the Homewood Subdivision Regulations.

6.

No condition shall be proffered that is not related to the physical development or physical operation of the property.

7.

No condition shall allow for the reversion of zoning held previous to the rezoning, unless a new application for rezoning is filed.

8.

All such conditions shall be in conformity with the purposes and considerations of this ordinance.

b.

The zoning administrator shall be vested with all necessary authority on behalf of the city council to administer and enforce conditions attached to a rezoning amendment.

c.

The zoning map shall show by an appropriate symbol the existence of conditions attached to the zoning. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district. The zoning designation of the property shall carry a C suffix in addition to the zoning district designation (for example, M-1C), and the zoning map shall reference the conditional zoning index by ordinance number.

d.

Any amendment, waiver, or variation of conditions created pursuant to the provisions of this section shall be subject to zoning amendment procedures.

(4)

Limitations on rezoning amendments: Should the city council reject a rezoning amendment proposal by a property owner, the same kind of rezoning of the same tract land will not be considered by the planning commission until a period of one (1) year has elapsed from the date of such action by the city council. Further, a withdrawal of the application for rezoning after the hearing held by the planning commission, but prior to the hearing held by the city council shall also require a one-year time period before another application may be submitted. However, the planning commission may adjust this time period if in the opinion of a majority of the commission, an unusual situation or circumstance exists which would warrant another hearing. Each time the zoning amendment application is made, the required administrative fees must be paid. Under no condition shall fees be refunded for failure of such proposed amendment to be enacted into law.

(5)

Public hearing-planning commission: Any requested zoning amendment or change is to be heard by the planning commission at a public hearing after notice required above.

(6)

The public hearing to be held before the planning commission and notice of the same as provided hereinabove shall be in addition to and is not to supplement or change requirements for public hearing and notice of same to be held before the city council of the City of Homewood as per the terms and conditions of subsection B(1) hereinabove.

(Ord. No. 1682, § 1, 5-22-89; Ord. No. 2001, § 7, 11-23-98; Ord. No. 2759, § 1, 10-7-2019; Ord. No. 2790, § 1, 1-11-2021)

A use allowed on appeal is a use that is compatible with the permitted district uses but, because of its nature, must be reviewed and approved by the Building Inspection Superintendent or his designee (Zoning Administration) or the Board of Zoning Adjustments prior to issue of a business license. Such uses fall into two (2) separate categories: (1) home occupancy uses which are specifically mentioned in this ordinance as requiring approval by the Zoning Administration; and (2) uses requiring approval by the Board of Zoning Adjustments.

(1)

Home occupations: Applications for home occupations may be approved by the Zoning Administration, provided that all of the following regulations and requirements are satisfied:

1.

General Restrictions. The home occupation shall be clearly incidental to the residential character of the dwelling and shall not adversely affect the uses permitted in the zoning district in which it is located. No home occupations shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian and vehicular traffic, or any other conditions which would constitute an objectionable use of residentially-zoned property.

2.

Limitation of Type of Home Occupation. Home occupations shall be limited to an office, or a business of a personal service nature.

3.

Limitation of Area. The use of a dwelling for a home occupation purpose shall be limited to twenty-five percent (25%) of one floor of the principal building and accessory building; however, no visible outside storage of any kind will be permitted in connection with any home occupation.

4.

Employment Limitations. Employment shall be limited to members of the family residing in the dwelling with which the home occupation is associated; there shall be no employment of persons who are not members of said resident family..

5.

Limitation of Patrons. All home occupations shall be restricted such that there shall not be any patrons (who are not member of the resident family) on the premises for any reason related to such home occupation.

6.

Signage Restrictions. There shall be no signage erected or displayed on the premises that in any way identifies or advertises a home occupation.

7.

Renewal. Failure to renew a business license will rescind any prior approval that may have been issued by the Engineering, Planning, and Zoning (permitting a home occupation), and may result in a reapplication fee at the discretion of the Zoning Administration.

8.

Transfer of Home Occupation. There will be no transfer of a home occupation to another address. If you move to another neighborhood, you will have to re-apply with the Zoning Administration.

(2)

Other uses on appeal: Home day care and all other uses which are not addressed by this ordinance may be permitted in a district which permits similar uses, upon approval of the Board of Zoning Adjustments. However, if the board determines that the granting of a use on appeal would constitute a rezoning of the property, then the board shall refer the request to the planning commission for legislative action.

(Ord. No. 2441, § 1, 9-12-2011)

If any section or provision of this ordinance, including any part of the zoning map which is a part of this ordinance, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.