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Irondale City Zoning Code

ARTICLE VIII.

LEGAL STATUS PROVISIONS

Section 8:01.- Interpretation.

In their interpretation and application, the provisions of this ordinance shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity, and general welfare of the community. Where other ordinances or regulations which may exist or be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory. This ordinance shall not lower the restrictions of plats, deeds, or other private contracts if such are greater than the provisions of this ordinance.

Section 8:02. - Amendments.

(a)

Requirements for change.

Whenever the public necessity, convenience, general welfare or good zoning practice warrants such action, the city council by the favorable vote of a majority of the members, may amend, supplement, modify or repeal the regulations or zoning district boundaries herein established in accordance with the provisions of title 11, chapter 52, article 4, sections 11-52-76 through 11-52-78, Code of Alabama, 1975; and amendments thereto.

(b)

Petition for, or initiation of change.

A proposed change of the zoning district boundaries or of the regulations may be initiated by the city council, the planning and zoning commission or by petition of one or more owners or authorized agents of such owner or owners of property within the area proposed to be changed.

(c)

Action on petition.

Any proposed amendment, supplement, modification or repeal shall first be submitted to the planning and zoning commission for its recommendations and report. The planning and zoning commission may, upon its own initiative, hold public hearings, public notice of which shall be given, for the consideration of any proposed amendment to the city council. The planning and zoning commission report shall be transmitted to the city council within thirty (30) days after receipt, unless the city council grants an extension of such period, otherwise the proposed amendment, supplement, modification or repeal shall be considered to have been recommended by the planning and zoning commission. After having received the recommendation of the planning and zoning commission or if no recommendation is received prior to the expiration of time provided therefore in the next preceding paragraph, the city council if it desires to consider the proposed amendment, supplement, modification or repeal, shall proceed to hold a public hearing in relation thereto, giving not less than 15 days notice of the time, place, and object thereof by publication in a newspaper of general circulation in the city, or by posting such notice in four conspicuous places within the limits of the city, one of which places shall be the mayor's office, or by both newspaper publication and posting. If the city council takes no final action upon the proposed amendment, supplement, modification or repeal within 90 days after receipt of the recommendation of the planning commission, or if no recommendation is received, within 90 days after the expiration of the time provided therefore in the first paragraph of this section, the proposed amendment, supplement, modification or repeal shall be deemed to have been rejected and overruled by said legislative body.

Section 8:03. - Validity.

This ordinance and the various parts, section, subsections, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section, subsection, phrase, or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this ordinance shall not be affected thereby. The city council hereby declares that it would have passed this ordinance and each part, section, subsection, phrase, sentence, and clause thereof irrespective of the fact that any one or more parts, sections, subsections, phrases, sentences, or clauses may be declared invalid.

Section 8:04. - Repeal.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.