Unless otherwise designated by resolution of the City Council, the provisions of this ordinance shall be administered and enforced by the City Planner who is hereby designated Zoning Administrator. The City Planner shall be assisted by the Building Inspector and the City Engineer who are hereby designated Deputy Zoning Administrators. The City Planner may, upon approval by resolution of the City Council, appoint such other Deputy Zoning Administrators as he/she deems necessary to effectively administer and enforce this ordinance. These officials shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections necessary to carry out their prescribed duties in the enforcement of this ordinance.

(a)

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

(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 ordinance or other applicable codes or ordinances shall hereby be declared null and void.

(a)

No land or building or other structure or part thereof hereafter erected, moved or altered in its use shall be used or occupied until the Zoning Administrator authorizes the Building Inspector to issue 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.

(b)

Within three days after the owner or his agent has notified the Building Inspector that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Inspector to order 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.

(a)

It shall be unlawful to obtain a building permit to commence the excavation 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 one hundred dollars ($100.00) in value or painting or wallpapering) of any structure, including accessory structures, until the Zoning Administratorhas issued authorization to the Building Inspector that the plans, specifications, and intended use of such structure in all respects conforms with the provisions of this ordinance.

(b)

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

(c)

Before issuing a building permit, the Building Inspector shall order an inspection of the site and examine the proposed development plans for compliance with this ordinance.

(d)

Any permit under which no construction work has been done above the foundation walls or other foundation support within ninety days from the date of issuance shall expire by limitations, but shall upon reapplication be renewable, subject, however, to the provisions of City codes in force at the time of said renewal.

(e)

Building permit fees are established based on the cost of the building as follows:

0—$1,000.00: $50.00 flat fee plus any required inspection fee.

$1,001.00—$50,000.00: $100.00 flat fee for first $1,000.00, plus calculated building permit fee based on total cost.

$50,001.00—$100,000.00: $345.00 for the first $50,000.00 plus calculated fee based on total cost.

$100,001.00—$500,000.00: $545.00 for the first $100,000.00 plus calculated fee based on total cost.

$500,001.00 and up—$1,745.00 for the first $500,000.00 plus calculated fee based on total cost.

(f)

Building demolition fees are established based on the cubic feet of the structure to be demolished as follows:

Demolition of any structure within the city limits:

Residential - $100.00 plus dumping costs.

Commercial - $250.00 plus dumping costs.

(Ord. No. 2025-07, § 1, 6-3-25; Ord. No. 2025-23, § 1, 10-7-25)

(a)

It shall be unlawful for the Zoning Administrator 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 Zoning Administrator shall require that every application for a building permit be accompanied by a plot plan drawn to scale, dimensioned, and showing the following in sufficient detail to enable the Zoning Administrator to ascertain whether the proposed development is in conformance with this ordinance:

(1)

The actual shape, proportion and dimensions of the lot 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, both above and below existing grade.

(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 adjoining lots as may be essential for determining conformance with the provisions of this ordinance.

(a)

New construction and substantial site development expansion of all planned residential developments, planned unit developments, townhouses, five or more multi-family dwellings, manufactured home parks, institutional uses, commercial uses, and industrial uses shall require the approval of a site plan prepared by a professional engineer licensed in the State of Alabama, with the minimum information described below. One reproducible set of plans and five copies of each set shall be submitted for approval.

(1)

Cover sheet with:

a.

Name and location of the development; name, address, and signature of the owner; name, address, and seal of the engineer.

b.

Vicinity map.

c.

Zoning and existing and proposed land use of the site.

d.

Date, scale, north arrow, and number of sheets.

(2)

Site layout, including property dimensions, rights-of-way, easements, location and dimensions of all buildings (existing and proposed), setbacks, driveway access, off-street parking and loading, circulation, screening, buffer yards, and landscaping.

(3)

Drainage, paving, grading and excavation, erosion and sedimentation, stormwater detention, floodplain management controls.

(4)

Public and private utilities, including sewage disposal system and water system.

(5)

Fire lanes and hydrants.

(b)

The Zoning Administrator shall review the site plans for general completeness and compliance with this ordinance and shall forward copies of the plans to the City Engineer, Fire Chief and Building Inspector for their review and comment. The Zoning Administrator shall provide the applicant with a decision for approval or disapproval within two weeks of submittal. The reasons for disapproval, along with all review comments, shall be stated in writing to the applicant. A reproducible of the final approved site plan shall be submitted by the applicant and retained on file by the Zoning Administrator. All subsequent building permits and subdivision plats submitted by the applicant shall be in substantial accord with the final site plan. An approved site plan shall become null and void if significant development does not commence with twelve months of approval.

(c)

The applicant shall reimburse the city for any professional fees incurred in the review of the applicant's site plan.

(d)

Reserved.

(e)

Reserved.

(f)

During site development, unavoidable air pollution can occur. This will primarily consist of particulate matter. It shall be the responsibility of the owner or his agent to take those measures deemed necessary by the aforementioned to control such particulate matter from escaping from the site.

(g)

During the construction and site preparation phase of a development erosion and sedimentation controls shall be installed and properly maintained. It shall be the responsibility of the property owner and/or his agent(s) to install and maintain erosion and sedimentation controls. These controls must be maintained until proper vegetation is established and stable. See [the] following schematic drawings [referred to herein by reference].

(Ord. No. 1990-261, § 1, 9-18-90; Ord. No. 1999-634, 1-5-99; Ord. No. 2004-06, § 1, 1-6-04)

(a)

An application for a building permit or site plan approval for a development not served by public sewer shall not be submitted unless the applicant submits evidence of a preliminary finding by the Walker County Health Department which confirms the suitability of soils for private septic facilities.

(b)

Any lot not served by public water and sewer shall have a minimum lot area of fifteen thousand square feet. The county health department may set a larger minimum lot area requirement to accommodate private wells or septic systems. The county health department may also set smaller minimum lot area requirement to accommodate special engineered systems. Where the district dimensional regulations or the supplemental use regulations in Article III require a lot area greater than twenty thousand square feet or one acre, the provisions of the district dimensional regulations or the supplemental use regulations shall apply.

(Ord. No. 2011-11, § 1, 4-19-11)

(a)

Application. All permitted conditional uses where listed in the Table of Permitted Uses shall require the submission of an application to the Planning Commission. An application for a conditional use shall be filed with the Zoning Administrator at least 30 days before the scheduled hearing date before the Planning Commission. The application shall be filed by the property owner or the authorized agent of the owner on a form made available by the Zoning Administrator and shall include the following information and materials:

(1)

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

(2)

Address of the property under consideration.

(3)

Zoning and land use of the property under consideration.

(4)

Proposed conditional use.

(5)

A vicinity map showing the location of the property.

(6)

A plot plan, drawn to scale and dimensioned, showing the property boundaries and proposed development layout.

(7)

Stamped no. 10 envelopes (legal size) with the names and addresses of adjacent property owners (including those directly across a public right-of-way), as shown in the most recent records of the Walker County Tax Assessor.

(b)

Public notice. At least 15 days prior to the scheduled Planning Commission hearing, the Zoning Administrator shall give written notice of the proposal to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as submitted with the application. The notice shall state the following information:

(1)

The name of the applicant.

(2)

The location of the property.

(3)

The proposed conditional use by special exception.

(4)

The time, date, and location of the Planning Commission hearing.

(c)

Planning commission action. The Planning Commission shall review the plot plan and use proposal for compliance with this chapter and other applicable codes and ordinances. If deemed in compliance, the Planning Commission may still deny any proposal if it concludes, based upon the information submitted at the hearing, that the proposal, more probably than not will adversely affect the public interest and the intent of this chapter, as contained in the purposes and consideration of this chapter and the district intent where the proposal would be carried out. In particular, the Planning Commission shall determine that satisfactory provisions have been made concerning the following, among other considerations of this chapter:

(1)

Ingress and egress to the property and proposed structures or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

(2)

Off-street parking and loading areas, with particular attention to the items in (1) above.

(3)

Refuse and service areas, with reference to availability, location, and potentially adverse effects on surrounding properties.

(4)

Screening and buffering of potentially adverse views and activities from surrounding properties.

(5)

Control of noise, glare, odor, excess drainage, and other potentially disturbing effects to surrounding properties.

(6)

Utilities, with reference to location, availability, capacity, and potentially adverse effects to surrounding properties.

(7)

Signs and lighting, with reference to glare, traffic safety, and visual harmony with adjoining properties.

(8)

Building bulk, density, lot coverage, yards and open areas, with reference to the compatibility and harmony with the character of the surrounding area.

(d)

Conditions. The Planning Commission may impose such conditions for approval as it may deem necessary in the particular case to protect the public interest and the intent of this chapter, in relation to the items listed above and as may otherwise be reasonably necessary. Such conditions shall apply to the land, structure or sue for which the conditional use was granted and not to a particular person. Violations of conditions lawfully attached to any conditional use shall be deemed violations of this chapter.

(e)

Appeal. Appeal of the Planning Commission's decision may be filed by any party affected by the Planning Commission decision. Such appeal shall be filed with the City Council within 30 days of the Planning Commission decision. Within a reasonable period following receipt of the appeal, the Council by majority vote shall decide to affirm, modify, or reverse the decision of the Planning Commission.

(Ord. No. 2003-10, § 22, 4-10-03)

(a)

Application. All permitted uses by special exception where listed in the Table of Permitted Uses shall require the submission of an application to the Zoning Board of Adjustment. An application for a special exception shall be filed with the Zoning Administrator at least 10 days before the scheduled hearing date before the Board of Adjustment. The application shall be filed by the property owner or the authorized agent of the owner on a form made available by the Zoning Administrator and shall include the following information and materials:

(1)

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

(2)

Address of the property under consideration.

(3)

Zoning and land use of the property under consideration.

(4)

Proposed use by special exception.

(5)

A vicinity map showing the location of the property.

(6)

A plot plan, drawn to scale and dimensioned, showing the property boundaries and proposed development layout.

(b)

Public notice. At least 5 days prior to the scheduled Board of Adjustment hearing, the Zoning Administrator shall give written notice of the proposal to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as shown in the most recent records of the Walker County Tax Assessor. The notice shall state the following information:

(1)

The name of the applicant.

(2)

The location of the property.

(3)

The proposed use by special exception.

(4)

The time, date, and location of the Board hearing.

(c)

Board action. The Zoning Board of Adjustment shall review the plot plan and use proposal for compliance with this chapter and other applicable codes and ordinance. If deemed in compliance, the Board may still deny any proposal if it concludes, based upon the information submitted at the hearing, that the proposal, more probably than not will adversely affect the public interest and the intent of this chapter, as contained in the purposes and consideration of this chapter and the district intent where the proposal would be carried out. In particular, the Board shall determine that satisfactory provisions have been made concerning the following, among other considerations of this chapter:

(1)

Ingress and egress to the property and proposed structures or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

(2)

Off-street parking and loading areas, with particular attention to the items in (1) above.

(3)

Refuse and service areas, with reference to availability, location, and potentially adverse effects on surrounding properties.

(4)

Screening and buffering of potentially adverse views and activities from surrounding properties.

(5)

Control of noise, glare, odor, excess drainage, and other potentially disturbing effects to surrounding properties.

(6)

Utilities, with reference to location, availability, capacity, and potentially adverse effects to surrounding properties.

(7)

Signs and lighting, with reference to glare, traffic safety, and visual harmony with adjoining properties.

(8)

Building bulk, density, lot coverage, yards and open areas, with reference to the compatibility and harmony with the character of the surrounding area.

(d)

Conditions. The Board may impose such conditions for approval as it may deem necessary in the particular case to protect the public interest and the intent of this chapter, in relation to the items listed above and as may otherwise be reasonably necessary. Such conditions shall apply to the land, structure or use for which the special exception was granted and not to a particular person. Violations of conditions lawfully attached to any special exception shall be deemed violations of this chapter.

(Ord. No. 1992-340, § 1, 7-21-92; Ord. No. 2003-10, § 23, 4-10-03)

State Law reference— Board of Adjustment, Code of Ala. 1975, § 11-52-80.

Cross references—See § 170 for special exception uses in floodway, § 322 for meetings of the Board, § 323 for appeals to the Board, and § 324 for powers and duties of the Board.

(a)

Application. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Administrator. All actions by the Zoning Administrator on the matter subject to appeal shall be frozen until the appeal is acted upon by the Board. An administrative appeal shall require the submission of an application to the Zoning Board of Adjustment. The application shall be filed with the Zoning Administrator at least 30 days before the scheduled hearing date before the Board of Adjustment. The application shall be filed by the property owner or the authorized agent of the owner on a form made available by the Zoning Administrator and shall include the following information and materials:

(1)

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

(2)

Address of the property under consideration.

(3)

The decision of the Zoning Administrative under appeal.

(4)

A written statement specifying the grounds for appeal.

(b)

Public notice. At least 15 days prior to the scheduled Board of Adjustment hearing, the Zoning Administrator shall give written notice of the appeal to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as submitted with the application. The notice shall state the following information:

(1)

The name of the applicant.

(2)

The location of the property.

(3)

The decision of the Zoning Administrator under appeal.

(4)

The time, date, and location of the Board hearing.

(c)

Board action. The Zoning Administrator shall transmit all papers constituting the record upon which the action appealed was taken to the Board which shall take action to uphold, modify, or overturn the decision of the Zoning Administrator.

(Ord. No. 1992-340, § 1, 7-21-92; Ord. No. 2003-10, § 24, 4-10-03)

State Law reference— Board of Adjustment, Code of Ala. 1975, § 11-52-80.

Cross references—See § 322 for meetings of the Board, § 323 for appeals to the Board, and § 324 for powers and duties of the Board.

(a)

Justification. Variances to the terms of this chapter may be granted individual cases upon a finding by the Board of Adjustment that the variance will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provision of this chapter subject to a variance will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. More specifically, the Board shall determine all of the following criteria have been satisfied:

(1)

The Board should make proper adjustment to prevent unnecessary hardship, even to the extent of authorizing nonconforming uses. Where the Board authorizes a nonconforming use in a district to prevent unnecessary hardship, all relevant factors, when taken together, must indicate that the plight of the premises in question in unique in that they cannot be put reasonably to a conforming use because of the limitations imposed upon them by reason of their classification in a specific zone.

(2)

Variances should be permitted only under peculiar and exceptional circumstances.

(3)

Hardship alone is not sufficient; Alabama statutes require unnecessary hardship.

(4)

Mere financial loss of a kind which might be common to all of the property owners in a district is not an unnecessary hardship.

(5)

Variances should be granted sparingly, and spirit of this chapter in harmony with the spirit of State law should be carefully preserved, to the end that the structure of this chapter would not disintegrate and fall apart by constant erosion at the hands of the Board.

(6)

When a hardship is self-inflicted or self-created, there is no basis for claim that a variance should be granted.

(b)

Application. An application for a variance shall be filed with the Zoning Administrator at least 10 days before the scheduled hearing date before the Board of Adjustment. The application shall be filed by the property owner or the authorized agent of the owner on a form made available by the Zoning Administrator and shall include the following information and materials:

(1)

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

(2)

Address of the property under consideration.

(3)

Zoning and land use of the property under consideration.

(4)

Nature of the variance with reference to applicable zoning provisions.

(5)

Justification for the variance in accordance with all of the criteria in (a) above.

(6)

A vicinity map showing the location of the property.

(7)

A plot plan, drawn to scale and dimensioned, showing the property boundaries and proposed development layout with the variance noted or highlighted.

(c)

Public notice. At least 5 days prior to the scheduled Board of Adjustment hearing, the Zoning Administrator shall give written notice of the variance to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as shown in the most recent records of the Walker County Tax Assessor. The notice shall state the following information:

(1)

The name of the applicant.

(2)

The location of the property.

(3)

The nature of the variance and the applicable zoning provisions.

(4)

The time, date, and location of the Board hearing.

(Ord. No. 1992-340, § 1, 7-21-92; Ord. No. 2003-10, § 25, 4-10-03)

State Law reference— Board of Adjustment, Code of Ala. 1975, § 11-52-80.

Cross references—See § 171 for variances to Flood Hazard District requirements, § 322 for meetings of the Board, § 323 for appeals to the Board, and § 324 for powers and duties of the Board.

Within the districts established by this ordinance or by subsequent amendments to this ordinance, lawful uses, lots, buildings, and characteristics of uses existed in conformity to all applicable zoning provisions before this ordinance was adopted or subsequently amended. However, as a result of adoption or subsequent amendment to this ordinance, such lawful activities no longer conform to all applicable zoning provisions. These activities shall be deemed lawful nonconformities which are permitted to remain under the provisions of this division. It is the intent of this division that the continuation of lawful nonconformities should not be indefinite and that all nonconformities with this ordinance should gradually be removed.

(a)

Nonconforming building. An otherwise legal building that does not conform with the yard, height, or other dimensional requirements for the district in which it is located or is designed or intended for a nonconforming use.

(b)

Nonconforming characteristics of use. An otherwise legal characteristic of use, lot, or structure which does not conform with the off-street parking and loading standards, screening and buffer yard standards, sign standards, or any supplemental standards for the district in which it is located or is designed or intended for a nonconforming use.

(c)

Nonconforming lot. An otherwise legally platted lot that does not conform with the dimensional requirements for the district in which it is located.

(d)

Nonconforming use. The otherwise legal use of a building, structure, or lot that does not conform with the permitted uses for the district in which it is located.

Nonconformities may be continued as provided by this section:

(1)

If any changes in ownership or tenancy occurs, any nonconformity may be continued by the new owner or tenant under the provisions of this division.

(2)

A nonconformity may continue if it does not cease for any reason for a period exceeding six months.

(3)

Plans for nonconforming construction, site development, site alteration, use or occupancy for which a valid building permit, certificate of occupancy, site plan, special exception, preliminary subdivision plat, or other City license was approved prior to the effective date of this ordinance or subsequent amendment may proceed. However, all construction, site development, or site alteration must be completed within one year and use or occupancy must be established within 30 days after the effective completion date.

(4)

A lot that was legally platted prior to the effective date of this ordinance that does not meet the lot area, width, or dimensional requirements for the district in which it is located may be developed or used in conformity with all other provisions of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

(5)

Any use in existence prior to the effective date of this ordinance or subsequent amendment that results in a nonconforming characteristic of use may continue in nonconformity with the off-street parking and loading, screening and buffer yard, sign, or supplemental standards so long as the kind or extent of such use does not increase the ordinance requirements for such characteristics of use.

(6)

A nonconforming use may occupy any part of a structure or lot that was arranged or designed for such use unless occupancy of that part of the structure or lot has been discontinued for a period exceeding six months.

(a)

On any structure, devoted entirely or partly to a nonconforming use, work may be done on ordinary maintenance or repair and replacement of walls, fixtures, wiring, or plumbing, provided the cubic content of the structure, as it existed at the effective date of this ordinance or subsequent amendment, shall not be increased. The cost of the work shall not exceed ten percent of the appraised replacement cost of the structure or the part.

(b)

On any lot devoted entirely or in part to any nonconforming use, work may be done on ordinary maintenance or repair and replacement of parking and loading areas, signs, lighting, fences, walls, and related exterior amenities provided the extent of those amenities shall not be increased or rearranged.

(c)

Nothing in this division shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or exterior amenity declared unsafe by any official charged with protecting the public safety, on order of such official, nor shall anything in this division be deemed to exempt any such structure or amenity from any requirements of any federal, state, or local government regulation.

(a)

No nonconforming use shall be enlarged within a structure or occupy a greater area of land than at the effective date of this ordinance or subsequent amendment.

(b)

No nonconforming use or structure shall be moved to any portion of the lot other than that occupied at the effective date of this ordinance or subsequent amendment.

(c)

No nonconforming use, structure or characteristic of use may be altered or enlarged or intensified in any way which increases its nonconformity but may be altered or reduced to decrease its nonconformity.

(d)

If a nonconforming structure is removed or damaged in any manner to the extent that the restoration costs exceeds 50% of the original value of the structure immediately before the damaging occurrence, subsequent use of the lot shall be in full compliance with the district in which it is located.

(a)

Any nonconforming use which changes to a permitted use within the district in which it is located, shall not revert to a nonconforming use.

(b)

A nonconforming use may change to a new nonconforming use provided the new use is more in keeping with the district in which it is located and is less objectionable and measures less external impact than the existing nonconforming use. In determining whether the new use would be in greater conformity with this ordinance, impact criteria such as, but not limited to, the following shall be evaluated:

(1)

Traffic generation and congestion, including truck, passenger car, and pedestrian traffic.

(2)

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration.

For the purpose of this division, "appraised cost or value" shall refer to an appraised valuation by a board of not less than three professionally certified real estate appraisers.

Whenever the public necessity, convenience, general welfare or good zoning practices warrants such action, the City Council, by favorable vote of a majority of the members, may amend the regulations or zoning district boundaries herein established.

State Law reference— Amendment, Code of Ala. 1975, § 11-52-78.

A petition for amendment of this ordinance or the zoning district boundaries may be initiated by the City Council, the Planning Commission, or the owner or agent of such property subject to amendment of zoning district boundaries.

(a)

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

(b)

The application for rezoning shall be made on a form available from the Zoning Administrator and be filed with the Zoning Administrator at least 30 days prior to the Planning Commission hearing. The applicant shall provide the following information and materials:

(1)

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

(2)

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.

(3)

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

(4)

Reason for the rezoning request.

(5)

Availability of required utilities and methods of stormwater drainage and traffic control.

(6)

A vicinity map, drawn to scale, showing the size and location of the property.

(7)

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

(8)

Public hearing notices on a form made available by the Zoning Administrator and stamped no. 10 envelopes (legal size) with the names and addresses of adjacent property owners (including those directly across a public right-of-way), as shown in the most recent records of the Walker County Tax Assessor.

(9)

A $100.00 filing fee.

(a)

In the case of a petition by a property owner, at least 15 days prior to the scheduled Planning Commission hearing, the Zoning Administrator shall give written notice of the rezoning to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepaid, addressed to the names and addresses of adjacent property owners (including those directly across a public right-of-way) as shown in the most recent records of the Walker County Tax Assessor.

(b)

The Planning Commission shall hold a public hearing at the first regularly scheduled meeting after compliance with the application and notice requirements of this ordinance.

(c)

At least six days public notice of the hearing shall be given in accordance with the publication or posting requirement in Section 305, Public notice of hearings. The Planning Commission, by majority vote, shall report its recommendations to the City Council. The Planning Commission report shall be transmitted to the City Council within thirty days of the hearing, unless the City Council grants an extension of such period. Otherwise, the proposed amendment shall be considered to have been recommended by the Planning Commission.

(Ord. No. 2003-10, § 26, 4-10-03)

(a)

Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing on the proposed amendment.

(b)

The City Council shall give public notice of the hearing on the proposed amendment in accordance with Section 305, Public notice of hearings.

(c)

Following notice and hearing, the City Council shall decide by majority vote to accept or reject the proposed amendment.

(d)

If the City Council takes no final action upon the proposed amendment within ninety days after receipt of the recommendation of the Planning Commission the proposed amendment shall be deemed to have been rejected and overruled by the Council.

(Ord. No. 2003-10, § 27, 4-10-03)

(a)

At least 15 days in advance of the public hearing before the City Council, the Council shall publish the proposed zoning ordinance amendment in full for one insertion in a newspaper of general circulation published within the City, together with a notice stating the time and place that the ordinance is to be considered by the City Council and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such ordinance. One week after the first insertion, the City Council shall have published a synopsis of the proposed ordinance, which synopsis shall refer to the date of the newspaper in which the proposed ordinance was first published. If there is no newspaper of general circulation published within the City, then the City Council must cause the ordinance and notice to be posted in four conspicuous places within the City. The Council may both publish and post the hearing notice.

(b)

At least six days in advance of the public hearing before the Planning Commission, the Commission shall publish notice of the proposed zoning ordinance amendment for one insertion in a newspaper of general circulation published within the City, stating the time, place, and object of the hearing 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 ordinance. If there is no newspaper of general circulation published within the City, then the Planning Commission must cause the ordinance and notice to be posted in four conspicuous places within the City. The Commission may both publish and post the hearing notice.

(c)

The Zoning Administrator shall be responsible for posting proper notification with signs noting the proposed district change and the time and place of the Planning Commission hearing. Property shall be posted at least 15 days in advance of the public hearing before the Planning Commission, and posting shall be deemed complete upon the posting of the notice. The signs shall be placed at reasonable intervals along the public street abutting the property.

(d)

The Zoning Administrator shall be responsible for posting property with signs announcing the proposed rezoning hearing before the City Council. Each placard shall note the proposed district change and the time and place of the City Council hearing. Property shall be posted at least 15 days in advance of the public hearing before the City Council and posting shall be deemed complete upon the posting of the notice. The signs shall be placed at reasonable intervals along the public street abutting the property. Municipal Reserve (MR) zoning districts are not subject to the provisions of this section. Refer to sections 150—154.

(Ord. No. 1992-339, § 1, 7-21-92; Ord. No. 2003-10, § 28, 4-10-03)

State Law reference— Procedure for adoption, Code of Ala. 1975, § 11-52-77.

(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 be made prior to the public hearing held by the City Council and must adhere to the following criteria:

(1)

The rezoning itself must give rise for 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 Jasper Subdivision Regulations.

(5)

Such conditions shall not include payment for or construction of off-site improvements, unless otherwise required by the Jasper 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 in accordance with this division.

(8)

All such conditions shall be in conformity with the purposes and consideration 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 official zoning map shall show by an appropriate symbol the existence of conditions attaching 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, B-2C), 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.

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 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 filing fee must be paid. Under no condition shall the fee be refunded for failure of such proposed amendment to be enacted into law.

Any person, firm, corporation, or other organization committing an offense which is in violation of any provision of this ordinance shall be fined upon conviction not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). In addition thereto, any person so convicted, may be imprisoned or sentenced to hard labor for the city for a period not exceeding six months, at the discretion of the court trying the case. Provided, however, no penalty shall consist of a fine or sentence or imprisonment exceeding the maximum fine or sentence of imprisonment established under state law for the commission of substantially similar offenses. Each day such violation continues shall constitute a separate offense. The conviction of an offense shall not constitute an exemption from compliance with the provisions of this ordinance.

Cross reference— General penalty, City Code, § 1-8.

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 Zoning Administrator or any other appropriate authority or any adjacent or neighboring property owner who would be damaged or caused hardship by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to stay or prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violation or to prevent occupancy of such building, structure or land.

State Law reference— Remedies, Code of Ala. 1975, § 11-52-83.