It is the purpose of this article to provide for a limited review of the character of development, redevelopment and rehabilitation activities within the city. It is not the purpose of this article that control of character should be so rigidly interpreted that individual initiative is stifled in the design of any particular building, premises, or substantial additional expense incurred. Rather, it is the intent that any control exercised to achieve the overall objectives of this article and the city's comprehensive plan.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The planning commission is hereby authorized and directed to review all public and private land use developmental plans, including residential, industrial, commercial, and agricultural developments, and to review the plans for the construction of new structures, rehabilitation, remodeling or expansion of existing structures proposed within the city which are classified as major construction as defined in section 24-2, definitions, with the exception of:

(1)

Minor construction as defined in section 24-2, definitions.

(2)

Painting (unless, planning commission review and approval is deemed necessary by the staff).

(3)

Roofing (unless, planning commission review and approval is deemed necessary by the staff).

(4)

Single-family dwellings.

(5)

Two-family dwellings.

When construction activity is classified as minor construction, it shall only require staff review and approval, except when the staff requests the planning commission's review and approval.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

To assist the planning commission in their review process, the applicant shall submit an "application for development review" to the planning and building department. The application provides the planning commission with various information about the project and provides the applicant with specific standards for preparation of site plans for review. More specifically, standards for review shall include the following:

(1)

Health, safety and general welfare elements.

a.

Fire safety, life safety, and access should be safe and convenient for pedestrians, cyclists and vehicles.

b.

Appropriate and convenient ingress and egress should be provided for emergency vehicles.

c.

Accessibility should be provided for persons with disabilities.

d.

Appropriate provisions should be made for the emission of smoke, fumes, and odor and noise abatement.

(2)

Site elements.

a.

Drainage systems should be designed to accommodate established abnormal surface water flows, eliminating standing water that could become a health hazard, and preclude excessive water runoff down slope.

b.

Soils should have a reasonable water percolation rate for on-site sewer systems.

c.

Vegetation should be maintained wherever possible, and the planting of grasses, trees, and shrubs as required to prevent erosion.

d.

Site development should adjust to the slope of the land, if possible.

(3)

Building elements.

a.

Details of construction, such as materials, texture and color, should be compatible with adjacent and neighboring structures.

b.

Lighting on the exterior of the building and in the parking/pedestrian areas shall be as per article V, division 3.

c.

The historical character of the building should be maintained whenever appropriate.

d.

A bicycle rack of adequate capacity should be provided, in an approved location.

e.

If a dumpster or compactor is used, provide an adequately sized concrete dumpster pad with a six-foot-high sight obscuring enclosure with gates. For all establishments that generate fats, oils, and greases, the dumpster pad shall have a roof, and a floor drain routed through a grease trap prior to entering the city's sanitary sewer. A hot water supply shall be provided for the dumpster pad. The enclosure, gates, and roof (if required) design shall be architecturally compatible with the style, composition, materials, colors and details of the establishment it serves.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

The planning commission may approve or disapprove the development plan as submitted, or suggest changes, modifications or alterations therein or impose conditions, all in accordance with the standards contained in this article and with the city's comprehensive plan. The planning commission shall, upon request and when necessary, hold called meetings for the purpose of reviewing applications. The planning commission shall approve or disapprove a development plan within 30 days after the submission thereof to it; otherwise, such plan shall be deemed to have been approved, provided, however, that the applicant for the planning commission's approval may waive this requirement and consent to an extension of such period. Upon the disapproval of a design, the planning commission shall furnish the applicant in writing reasons for the disapproval and state recommendations for corrective action.

(b)

No building permit will be issued prior to the planning commission's review and approval, except for those activities and/or developments listed in section 24-741, authority of planning commission.

(c)

A building permit must be applied for and acquired within six months after receiving approval for the activities and/or development from the planning commission. If not, the activities and/or development must be resubmitted to the planning commission and will be subject to any changes to the city's zoning ordinance and building codes.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

If a development plan is disapproved by the planning commission the applicant may appeal the decision to the city council.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The purpose of this article is to provide a means whereby certain desirable changes and additions can be made to this chapter from time to time.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

This chapter, and the zoning map of the city, may be amended, supplemented, changed, modified, or repealed by the city council, but no amendment shall become effective unless it is first submitted to the planning commission. The planning commission, upon its own initiative, may conduct public hearings, public notice of which shall be given, for the consideration of any proposed amendment to the provision of this chapter or the official zoning map and report its decision to the city council.

(1)

Amendment application. An amendment of the zoning district boundaries or the regulations may be initiated by the city council, the planning commission, or by petition of one or more owners or authorized agents of such owners of property to be affected by such change on forms provided for that purpose. When a request for an amendment is made by a petition of the property owner or authorized agent of such owner, the following procedure shall be followed:

a.

A date established by the city prior to a regularly scheduled planning commission meeting, an application shall be filed with the city. The application shall include, as a minimum, the following:

1.

A fee to be established by the city council to defray the cost of processing the application.

2.

The applicant's name, address, and interest in the application and the name, address, and interest of every person represented by the applicant in the application.

3.

If the proposed amendment would require a change in a zoning district line the applicant shall submit the following information:

(i)

The name of the owner of the entire land area to be included within the proposed zoning district.

(ii)

The names and addresses of all owners of property abutting the property proposed for rezoning, to be obtained from the county tax assessor's office.

(iii)

A written statement indicating: reason for the rezoning request; availability of required utilities; a legal description of the proposed zoning site; and explanation of the substantial changes which have occurred to warrant changes in the zoning district boundary lines.

(iv)

A map drawn to scale, indicating: the dimension and exact location of the property to be considered for rezoning; location of all public rights-of-way and easements; and the approximate location of all proposed structures. In addition, on a separate map furnished by the city, the applicant shall submit the dimensions and exact location of the property to be considered for rezoning.

(v)

A written time schedule for beginning and completion of the proposed development planned by the applicant.

b.

Following the submission of a completed application which would require a zoning district line change, the city shall mail notices to all abutting property owners, advertise a notice in the local newspaper and post a sign on the subject property a minimum of six days prior to the next regularly scheduled meeting of the planning commission at which the request for an amendment is to be considered. The sign shall be provided by the city.

c.

If the proposed amendment would require a change in the zoning regulations, the applicant shall submit a written statement including: a clear statement of the specific regulation amendment requested; reasons for the requested regulation amendment; the actions to be taken by the applicant if the regulation amendment is approved; and an explanation of the substantial changes which have occurred to warrant changes in the zoning regulations.

d.

The planning commission shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with provisions as set for the herein.

e.

The planning commission shall render a decision on the application no later than the second regularly scheduled meeting, following the application date unless additional information is required. Failure to render a decision on the application within the prescribed time shall constitute a favorable recommendation.

f.

The applicant, or applicant's designated agent, shall be present at the planning commission meetings and public hearings, prepared to orally summarize their request and answer questions presented by the planning commission and the public. If the applicant, or applicant's designated agent, fails to appear before the planning commission at the meetings or public hearing in which their application is considered, this failure to appear shall result in the denial of the application based on the lack of sufficient information upon which to render an opinion.

g.

No proposed amendment shall be approved by the planning commission except by a majority vote of members present in a quorum. Upon receipt of the approval of the planning commission as to a proposed zoning amendment, the city council may, at its next regularly scheduled meeting, set a date and a time for a public hearing to affect the zoning amendment approved by the planning commission. The city council shall publish notice of the proposed zoning ordinance amendments in accordance with the Code of Ala. 1975, § 11-52-77, as amended.

h.

In the event that a proposed amendment fails to receive a majority vote of members present in a quorum of the planning commission, the applicant may request the city to review the amendment request and take appropriate action thereon.

i.

When the city council denies an amendment request, the planning commission shall not be required to reconsider an application for the same amendment request for a period of one year. Provided, however, that the planning commission may adjust this time period if, in the opinion of the majority of the planning commission, an unusual situation or circumstance exists which would warrant another hearing.

(Ord. No. O-614-20, Exh. A, 1-13-2020; Ord. No. O-661-25, § I, 11-12-2024)