The provisions of this Ordinance shall be administered and enforced by the Zoning Administrator of the City. He or she may be provided with the assistance of such other person or persons, as the City Council deems appropriate. The Zoning Administrator, or the duly authorized representative, shall in relation to this Ordinance:

A.

Review all building permit applications with regard to conformance with all applicable provisions of this Ordinance and perform required inspections to ensure such conformance,

B.

Issue all building permits and maintain records thereof,

C.

Issue all Certificates of Occupancy and maintain records thereof,

D.

Issue and renew, where applicable, all temporary use permits and maintain records thereof,

E.

Maintain current zoning maps and records of amendments thereto; and,

F.

Have the right to enter into any premises at any reasonable time for the purpose of making inspections of land, structures and buildings necessary to carry out the enforcement of this Ordinance. If the Zoning Administrator finds that any of the provisions of this Ordinance are being violated, he or she shall proceed to notify, in writing, the person or persons responsible for such violations, indicating the nature of the violation(s) and ordering the appropriate action necessary to rectify it. He or she shall order the discontinuance of the illegal use of land, buildings or structures; removal of all the illegal buildings or structures or any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with, or to prevent violation of its provisions.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

It shall be unlawful; to commence earthwork or the construction of any building or other structure, including accessory structures, or signs, to store building materials or erect temporary field offices; or to commence the moving, alteration, or repair of any structure, including accessory structures, until the Zoning Administrator of the City has issued a zoning approval for such work, including a statement that the plans, specifications and intended uses of such building or structure conforms with the provisions of this Ordinance in all respects. The application for a zoning approval shall be filed with the Zoning Administrator on forms provided by the City for that purpose. A zoning approval fee shall be collected for all zoning approvals for which a building permit is not required as per the City of Leeds Fee Schedule.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

It shall be unlawful for the Zoning Administrator to approve any plans or issue zoning approval/building permits for any excavation or construction until he or she 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 zoning approval 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 or not the proposed development is in conformance with the provisions of this Ordinance:

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 building (s) or other structures already on the lot, both above and below existing grade,

3.

The existing and intended use of all 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; and,

5.

Every applicant for the use of land, under and by virtue of the provisions of this Ordinance, shall include therein a plan showing the location of necessary fire hydrants with adequate water flow. In addition thereto, the applicant shall submit to the City a written agreement between the applicant and the appropriate water authority specifying that the applicant shall assume the responsibility of purchasing and arranging the installation of such fire hydrants as required by the Leeds Fire Department. The applicant shall also agree to pay the annual rental thereof and other charges that may be levied by the water authority for a period of two (2) years from the date of their installation. Such agreement shall be submitted to the Zoning Administrator for his or her review and the Leeds Fire Department's review and approval and shall be in full force and effect at the time of the issuance of any building permit provided for hereunder. In addition, where applicable, the applicant shall provide the Zoning Administrator with copies of all deed restrictions and/or covenants, which pertain to the subject property.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

New construction and substantial site development expansion of all planned Residential Developments, Townhomes, Garden Homes, Planned Residential Developments, Planned Unit Developments, five (5) or more Multifamily Dwellings, Manufactured (Mobile) Home Parks, Manufactured (Mobile) Home Subdivisions, Institutional Uses, Commercial Uses and Industrial Uses shall require the submission and approval of a site plan prepared by a professional engineer or professional Land Surveyor who is licensed in the State of Alabama.

B.

Cover Sheet With:

1.

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

2.

The vicinity map,

3.

Zoning and existing and proposed land use of the site,

4.

Date, scale, north arrow and name of all streets.

C.

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

D.

Drainage, paving, grading and excavation, topography, erosion and sedimentation, storm-water detention and floodplain management controls.

E.

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

F.

Fire lanes and hydrants. (See Section 2.01, A-5)

(Ord. No. 2015-06-06, 6-15-2015)

If, after the review, it is found that the proposed construction, excavation, moving and/or other alteration (as set forth in the application) is in conformity with the provisions of this Ordinance, the Zoning Administrator of the City shall issue a Zoning Approval accordingly.

(Ord. No. 2015-06-06, 6-15-2015)

The applicant, upon notification by the Zoning Administrator of a Zoning Approval denial, may make application to the Chairman of the Zoning Board of Adjustment and request a hearing before that body.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

No activity or use regulated by this Ordinance, including but not limited to land or building(s) or other structure(s) or parts thereof erected, moved or altered in its use shall be used or occupied until the Zoning Administrator of the City shall have issued a Certificate of Occupancy. Within seven (7) business days after the owner (or his agent) has notified the Zoning Administrator of the City that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Zoning Administrator of the City to make a final inspection thereof and issue a Zoning 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 notify the owner, in writing, stating the cause for such refusal. Appeals from the decision of the Zoning Administrator shall be heard by the Zoning Board of Adjustment.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

Any permit, under which no construction work has been performed within six (6) months or which has not been completed within one (1) year from the original date of issuance, shall expire by limitation, but shall, upon reapplication, be renewable. This is subject however, to the provisions of all Ordinances in force at the time of said application for renewal.

(Ord. No. 2015-06-06, 6-15-2015)

A.

Any uses of land, or dwellings or construction or alteration of buildings or structures erected, altered, razed or converted in violation of any of the provisions of this Ordinance are hereby declared to be a nuisance per se. The Zoning Administrator is lawfully authorized to apply to a court of equity to abate the nuisance created by such unlawful use of a building, structure or land. Whenever the Zoning Administrator has declared a structure to be in violation of any applicable provisions of this Ordinance, the owner or occupant shall, within seventy-two (72) hours from receipt of notification, from the Zoning Administrator to vacate such premises, accomplish such vacation of said structure or premises which shall not again be used or occupied until such structure or premises has been adapted to conform to all provisions of this Ordinance. Service of notification shall be as follows:

1.

By delivery to the owner personally or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or,

2.

By depositing the notice in the United States Post Office addressed to the owner at his or her last known address with postage prepaid thereon; or,

3.

By posting and keeping posted twenty-four (24) hours, a copy of the notice in a conspicuous place on the premises to be repaired.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

Any person, firm, corporation or other organization which violates any provisions of this Ordinance shall be fined, upon conviction, a fee as described in the City of Leeds Fee Schedule. each day such violation continues shall constitute a separate offense. the conviction of a violation and imposition of any fine shall not constitute an exemption from compliance with all applicable provisions of this Ordinance.

(Ord. No. 2015-06-06, 6-15-2015)

In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or, if any building, structure or land is used in violation of this Ordinance, the Zoning Administrator of the city or any other appropriate authority or any adjacent or neighboring property owner within five hundred (500) feet who would be damaged or caused hardship by such violation, in addition to other remedies, may:

A.

Institute an injunction,

B.

Institute a mandamus,

C.

Take other appropriate action or proceedings to stay or prevent occupancy of such buildings, structure or land.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

The Zoning Board of Adjustment shall make an interpretation of the "Leeds Zoning Map" upon request of any person. Where uncertainty exists as to the boundaries of any zone district shown on said map, the following rules shall apply:

1.

Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines shall be construed to be such boundaries.

2.

In un-subdivided property or tracts where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on such maps.

3.

Where boundaries are approximately parallel to public right-of-way lines, such boundaries shall be construed as being parallel thereto.

(Ord. No. 2015-06-06, 6-15-2015)

This Ordinance recognizes the limitations of the district use listings given the infinite variations of essentially similar uses. Therefore, the Zoning Administrator is empowered to make interpretations so as to classify any questioned use within a listed use of most similar impact and characteristics. However, in no case shall the Zoning Administrator interpret a use as falling in one listed use when the use in question is more similar in impact and characteristics to another listed use. Any appeals related to the Zoning Administrator's use interpretation might be filed with the Zoning Board of Adjustment.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

In the event the Zoning Administrator finds a new or unusual use that cannot appropriately fit a listed use in any district, the following procedures shall be used to determine the most proper district:

1.

If compatible with the existing zoning district intent, the unclassified use shall be permitted by Special Exception upon the approval and subject to the conditions set forth by the Zoning Board of Adjustment.

2.

If the unclassified use is deemed to be incompatible with the intent of the existing zone district by the Zoning Administrator, he shall then consult with the Planning Commission in order to: 1) draft an appropriate zone district(s) for the use.

3.

Following the steps contained in number "A" above, the Planning Commission shall hold a public hearing to initiate an amendment to the Ordinance to include a specific definition for the unclassified use and a listing of zone(s) the use would be permitted in, including any specific conditions or criteria required.

4.

Following the public hearing by the Planning Commission, the Planning Commission shall submit its recommendation(s) to the City Council for final action. (All public hearing notification and publication requirements required by law shall be met with respect to the public hearings held by both the Planning Commission and the City Council).

5.

Following final action by the City Council, said amendments shall be incorporated into the Zoning Ordinance.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

Any proposal for a zoning ordinance or for an amendment to the existing zoning ordinance must begin with the planning commission. such commission shall be created and shall function as provided by the Code of Alabama, 1975, § 11-522 through 11-52-1001 as such may be amended; and, it shall have the powers granted herein.

(Ord. No. 2015-06-06, 6-15-2015)

A Zoning board of adjustment is hereby established. such board shall be appointed as provided by the Code of Alabama, 1975, § 11-52-80 or as such may be amended; and, it shall have all the powers granted herein.

(Ord. No. 2015-06-06, 6-15-2015)

The Zoning Board of Adjustment has the authority to authorize, upon appeal, in specific cases, such variances 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 would result in unnecessary hardship. An unnecessary hardship refers to a hardship, which is not self-created.

(Ord. No. 2015-06-06, 6-15-2015)

A.

Variances to the terms of this chapter may be granted in individual cases upon a finding by the zoning board of adjustment that the variance will not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. another essential factor is that the spirit of the ordinance shall be observed and substantial justice done. More specifically, the board shall determine that all of the following criteria have been satisfied:

1.

Variances should be permitted only under peculiar and exceptional circumstances.

2.

A hardship alone is not sufficient. Alabama statutes require the verification of unnecessary hardship (not self-created and not involving the design or other limitations of the land itself).

3.

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

4.

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

5.

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

(Ord. No. 2015-06-06, 6-15-2015)

A.

An application for a variance shall be filed with the Chairman of the Zoning Board of Adjustment at least fifteen (15) days prior to the scheduled hearing date before the Zoning Board of Adjustment. The application shall be filed by the property owner or the authorized agent of the property owner on a form made available by the Zoning Administrator and shall include the following:

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.

Existing zoning and present land use of the property under consideration.

4.

Justification for a variance in accordance with all of the criteria cited in Section 5.00, Subsection 5.03.

5.

A vicinity map showing the exact location of the property.

6.

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

7.

The names and addresses of adjacent property owners, as well as those property owners within five hundred (500) feet of the subject property as shown on the most recent records of the county's Tax Assessors Office.

8.

A fee, as indicated in the city fee schedule, is required from the applicant or agent at the time the application for a variance is made.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

At least fifteen (15) days prior to the scheduled Zoning Board of Adjustment hearing, the City Inspection Services Department shall cause to be posted a two-sided, portable 18" X 24" (minimum) sign on or near the property in question. Such sign shall contain the following information:

1.

City of Leeds;

2.

Board of Zoning Adjustments;

3.

Case Number; and

4.

Please call (Insert City Number) for more information.

B.

In addition, Notice must be transmitted by the applicant to adjoining property owners, according to records of the County Tax Assessor, by certified mail, return receipt. The applicant must provide to the City at least ten (10) days prior to the meeting date, a copy of the certified mail receipt.

(Ord. No. 2015-06-06, 6-15-2015)

In exercising the above mentioned powers, the Zoning Board of Adjustment may, as long as such action is in conformity with the terms of this Ordinance, reverse, affirm (wholly or partly) or modify the order, requirement, decision or determination as to what should be made; and, to that end, it shall have powers of the administrative official from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to affect any variation in the application of this Ordinance. Code of Alabama, 1975, § 11-52-80 or as such may be amended.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved of by any officer, department, board or bureau of the City affected by any decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days or such lesser period as may be provided by the rules of the Board, by filing with the Zoning Administrator and with the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all papers, documents, etc. that constitute the appeal.

B.

The Zoning Board of Adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof as well as due notice to the parties with the interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

An appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Zoning Board of Adjustment, after the notice of appeal is filed by him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such a case, the proceedings shall not be stayed, other than by a restraining order, which may be granted by the Zoning Board of Adjustment or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

Any party aggrieved by any final judgment of the Zoning Board of Adjustment may appeal therefrom to the Circuit Court or court of like jurisdiction as provided by the Code of Alabama, 1975, § 11-52-80 or as the same may be amended, within fifteen (15) days from the date of the board hearing.

(Ord. No. 2015-06-06, 6-15-2015)

In certain cases, certain land uses are identified for special zoning treatment. The nature of these uses is such that, when properly regulated, they are appropriate in several zone districts. In order to bring about the proper integration of uses into the City's land use pattern, a special set of criteria or standards may be provided for each use listed in the Special Exception Use category. Review of these standards will tend to maintain compatibility with adjoining land uses and it is intended that the Zoning Board of Adjustment will review all such proposals for the types of uses in compliance with the appropriate provisions before approval is granted and appropriate permits are issued. See Article VIII.

(Ord. No. 2015-06-06, 6-15-2015)

A.

All uses listed as permitted by special exception shall require the submission of an application to the Zoning Board of Adjustment. An application for a special exception use shall be filed with the Zoning Administrator at least twenty-one (21) days ahead of the scheduled hearing date before the Zoning Board of Adjustment. An application shall be filed by the property owner of the authorized agent of the property owner on a form made available by the Zoning Administrator. Such form shall be completed by the applicant or agent and include the following:

1.

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

2.

The address of the property under consideration.

3.

The existing zoning and land use of the property under consideration.

4.

The 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 the proposed layout.

7.

In addition, the applicant or agent must, at the time of application, provide the Zoning Administrator with the names and addresses of adjacent property owners, as shown on the most recent records of the County Tax Assessor's Office.

8.

An administrative fee, as prescribed in the City Fee Schedule, is required from the applicant or agent at the time the application is made.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

At least fifteen (15) days prior to the scheduled Zoning Board of Adjustment public hearing, the applicant 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 in the form of certified mail, addressed to those property owners at their addresses as submitted by the applicant at the time application is made. A copy of the certified mailing receipt shall be provided to the City prior to the public hearing. Such notice shall contain the following:

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 Zoning Board of Adjustment Public Hearing.

using a template provided by the City.

(Ord. No. 2015-06-06, 6-15-2015)

The regulations and the number, area and boundaries of districts established by this Ordinance may be amended, supplemented, changed, modified or repealed by the City Council of the City of Leeds; but no amendment shall be considered unless it is first submitted to the Leeds Planning Commission for its review and recommendation. This body may, on its own initiative, propose changes and hold public hearings (public notice of which shall be posted) for the consideration or any proposed amendments to the provisions of this Ordinance or to the official Zoning Map of The City of Leeds, Alabama.

(Ord. No. 2015-06-06, 6-15-2015)

Whenever the public warrants, 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 of zoning district boundaries herein established, in accordance with the Code of Alabama, 1975, § 11-52-78 or as same may be amended.

(Ord. No. 2015-06-06, 6-15-2015)

A petition for amendment of this Ordinance or the Zoning District Boundaries may be initiated by the City Council, the Planning Commission, or by the property owner or agent of such property owner.

(Ord. No. 2015-06-06, 6-15-2015)

A.

A petition for amendment, when initiated by the property owner or by an authorized agent of the property 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 shall be filed with the Zoning Administrator at least twenty-one (21) days prior to the Planning Commission Hearing. The applicant shall provide the following information and materials:

1.

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

2.

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

3.

The present and proposed zoning and land use of the property under consideration.

4.

The reason for the rezoning request.

5.

The availability of required utilities and methods of storm water drainage and traffic control.

6.

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

The names and addresses of all of the adjacent property owners, as shown on the most recent records of the County Tax Assessor's Office.

9.

An administrative fee as prescribed by the City Fee Schedule.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)

A.

At the time and place scheduled for the public hearing of the proposed amendment, the City Council shall hear the presentation of the applicant, review the recommendation of the Planning Commission and hear any arguments in opposition to and/or support of the proposal by the general public.

B.

After such hearing, the City Council may adopt the Ordinance as reported by the Planning Commission or in such amended form as it deems best.

C.

After the Ordinance is adopted by the City Council, it must again be published in the same manner as all municipal ordinances, subject to the provisions of Section 11-45-8 of the Code of Alabama.

(Ord. No. 2015-06-06, 6-15-2015)

Should the City Council reject a rezoning amendment proposal by a property owner, the same kind of rezoning of the same tract of land will not be considered by the Planning Commission until a period of six (6) months 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 public hearing held by the City Council, shall also require a six (6) month time period before another application may be submitted.

(Ord. No. 2015-06-06, 6-15-2015)