The provisions of this ordinance shall be administered and enforced by the building inspector 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 building inspector, 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 record thereof;

E.

Maintain current zoning maps and records of amendments thereto; and

F.

Have the right to enter upon 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 building inspector 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 additions, alterations or structural changes thereto; discontinuance of 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.

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 building inspector of the city has issued a building permit 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 respect. The application for a building permit shall be filed with the building inspector on forms provided for that purpose.

2.01.

Plot plan.

A.

It shall be unlawful for the building inspector to approve any plans or issue 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 building inspector shall require that every application for a building permit be accompanied by a plot plan drawn to scale with dimensions and showing the following, in sufficient detail, to enable the building inspector 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 sidelines of buildings on adjoining lots and such other information concerning the lot of 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 Moody 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 years from date of their installation. Such agreement shall be submitted to the building inspector for his or her review and the Moody 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 building inspector with copies of all deed restrictions and/or covenants which pertain to the subject property.

2.02.

Site plan review.

A.

New construction and substantial site development expansion of all planned residential developments, townhomes, garden homes, planned unit developments, five 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, 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 and the following shall be submitted:

a.

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

b.

The vicinity map.

c.

The zoning; the existing and proposed land use of the site.

d.

The date, scale, north arrow and the names and numbers of streets.

2.

The site layout shall include: property dimensions, rights-of-way, easements, topography, location and dimensions of all buildings (existing and proposed), setbacks, driveway access, off-street parking and loading, traffic circulation, methods of screening and/or buffer yards and landscaping.

3.

The drainage; paving; grading and excavation; erosion and sedimentation; and storm water detention and floodplain management controls shall be indicated.

4.

All the public and private utilities, including sanitary sewage disposal system and water system shall be shown.

5.

All fire lanes and hydrants. (See § 2.00, subsection 2.01, 5.)

2.03.

Approval of building permit application. 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 building inspector of the city shall issue a building permit accordingly.

2.04.

Denial of building permit application. The applicant, upon notification in writing by the building inspector of a building permit denial, may contact the chairman of the zoning board of adjustment and request a hearing before that body.

2.05.

Certificate of occupancy. No land, building, other structure or part thereof that is erected, moved or altered in its use shall be used or occupied until the building inspector of the city shall have issued a certificate of occupancy. Within three days after the owner or his or her agent has notified the building inspector of the city that a building, or premises thereof, is ready for occupancy or use, it shall be the duty of the building inspector of the city to make a final inspection thereof and issue a certificate of occupancy. If the building, premises or part thereof is found not to conform with the provisions of this ordinance or if such certificate is refused, the refusal shall be stated in writing with the cause. One copy of the signed statement by the owner or his or her agent regarding the intended use of the premises, and a signed refusal (if any) shall be kept on file with the records of the building inspector. Appeals from the decision of the building inspector shall be heard by the zoning board of adjustment.

2.06.

Expiration of building permit. Any permit under which no construction work has been done above the foundation wall or other foundation support within 12 months from the date of issuance shall expire by limitation. Upon reapplication, the permit shall be renewed, subject, however, to the provisions of all the ordinances in force at the time the said application is filed for renewal. In no event shall any permit be renewed more than once.

2.07.

Unlawful structures.

A.

Any uses of land or dwellings; 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 building inspector is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use of a structure, land, or building. Whenever the building inspector has declared a structure to be in violation of any applicable provisions of this ordinance, the owner or occupant shall, within 72 hours, from the receipt of a notification from the building inspector 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 the provisions of this ordinance. Service of notification shall be as follows:

1.

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

2.

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

3.

By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises to be repaired.

2.08.

Penalties. Any person, firm, corporation or other organization which violates any provisions of this ordinance shall be fined, upon conviction, not less than $10.00 and the court cost of each offense. Each day such a violation continues, it shall constitute a separate offense. The conviction for a violation and imposition of any fine shall not constitute an exemption from compliance with the provisions of this ordinance.

2.09.

Remedies. 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 building inspector or any other appropriate authority of the city or any adjacent or neighboring property owner within 500 feet who would be damaged or caused hardship by such violation, in addition to other remedies, may:

1.

Institute an injunction.

2.

Institute a mandamus.

3.

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

2.10.

Interpretation of district boundaries.

A.

The zoning board of adjustment shall make an interpretation of the zoning map of the City of Moody, Alabama upon request from any person. Where uncertainty exists, as to the boundaries of any district shown on said maps, 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.

When a piece of property or tract is not subdivided and a district boundary divides a lot, the location of such a 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.

2.11.

Interpretation of uses. This ordinance recognizes the limitations of the district use listings, given the infinite variations of essentially similar uses. Therefore, the building inspector is empowered to make interpretations so as to classify any questioned use within a listed use of most similar impact and characteristics. In no case, however, shall the building inspector 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 building inspector's use interpretation may be filed with the zoning board of adjustment.

2.12.

Unclassified uses.

A.

In the event the building inspector finds a new or unusual use that cannot approximately fit a listed use in any district, the following procedures shall be followed:

1.

If compatible with the existing zoning district intent, the unclassified use shall be permitted by special exception, upon approval and subject to the conditions set by the Moody zoning board of adjustment.

2.

If the unclassified use would not be compatible with the intent of the existing zoning district intent, the building inspector shall determine the most appropriate zoning district classification and require the property in question to be rezoned. In addition, the unclassified use shall be permitted in the new district by special exception if granted approval by Moody zoning board of adjustment. (See article VIII.)

3.

Following the final action on the unclassified use, as subsections 1 and 2 may require, the Moody planning commission may initiate an amendment to this ordinance to list the newly permitted use in the most appropriate district(s).

3.01.

Appointment. 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, § 11-52-2 through 11-52-10 or as such may be amended [Code of Ala. 1975, §§ 11-52-2—11-52-10); and, it shall have all the powers granted therein.

4.01.

Appointment. A zoning board of adjustment is hereby established. Such board shall be appointed as provided by the Code of Alabama, 1975, § 11-52-80 [Code of Ala. 1975, § 11-52-80] or as such may be amended; and, it shall have all the powers granted therein.

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.)

5.01.

Justification.

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.

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 is 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.

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).

4.

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

5.

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

6.

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

5.02.

Application for a variance.

A.

An application for a variance shall be filed with the office of the building inspector at least 21 days ahead of 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 building inspector and it shall include the following:

1.

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

2.

The address of the property under consideration.

3.

The zoning and land use of the property under consideration.

4.

The justification for the variance in accordance with all of the criteria in § 4.00, subsection 4.01.

5.

A vicinity map showing the location of the property.

6.

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

7.

The names and addresses of adjacent property owners, as shown on the most recent records of the St. Clair County tax assessor's office.

8.

An administrative fee of $75.00 is required from the applicant or agent at the time the application for a variance is made, plus the cost incurred in notification by registered mail and publication.

5.03.

Public notice required.

A.

At least 15 days prior to the scheduled zoning board of adjustment hearing, the chairman of the zoning board of adjustment shall give written notice of the variance request to all adjacent property owners. Such notice shall be deemed given when deposited in the United States Post Office, in the form of registered mail, addressed to such property owners at the addresses as submitted with the variance application. Any error in the address of such notices shall not invalidate the serving of notice, provided that no more than five percent of the total number of notices given contain any such error. Such notice shall state the following:

1.

The name of the applicant.

2.

The location of the property.

3.

The nature of the variance and applicable zoning provisions.

4.

The time, date and location of the zoning board of adjustment hearing at which said application is to be considered.

5.04.

Action on appeals. 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 building inspector, 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.] [Code of Ala. 1975, § 11-52-80.]

5.05.

Appeals; how taken.

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 30 days or such lesser period as may be provided by the rules of the board, by filing with the building inspector 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 an interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

5.06.

Stay of proceedings. An appeal stays all proceeding s in furtherance of the action appealed, unless the building inspector 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 building inspector from whom the appeal is taken and on application and on due cause shown.

5.07.

Appeals from the action of the board. 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 [Code of Ala. 1975, § 11-52-81] or as the same may be amended, within 15 days from the date of the board hearing.

In certain cases, certain land uses are identified for special zoning treatment. The nature of theses 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 Moody zoning board of adjustment will review all such proposals for these types of uses for compliance with the appropriate provisions before approval is granted and appropriate permits are issued. (See article VIII.)

6.01.

Special exception procedures.

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 special exception use shall be filed with the building inspector at least 21 days ahead of the scheduled hearing date before the zoning board of adjustment. An application shall be filed by the property owner or the authorized agent of the property owner on a form made available by the building inspector. 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 with dimensions, showing the property boundaries and the proposed development layout.

7.

In addition, the applicant or agent must, at the time of application, provide the building inspector with the names and address of adjacent property owners, as shown on the most recent records of the St. Clair County tax assessor's office.

8.

An administrative fee of $74.00 is required from the applicant or agent at the time the application is made, plus the cost incurred in the required notification by registered mail and publication.

6.02.

Public notice.

A.

At least 15 days prior to the scheduled zoning board of adjustment public hearing, the chairman of the board of adjustments 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 registered mail, addressed to those property owners at their addresses as submitted by the applicant at the time application was made. Any error in the addresses of such notices shall not invalidate the serving of notice, provided not more than five percent of the total number of notices contain any such error. 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.

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 Moody; but, no amendment shall be considered unless it is first submitted to the Moody 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 of any proposed amendment to the provisions of this ordinance or to the official zoning map of the City of Moody, Alabama.

7.01.

Authority to amend. 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, in accordance with the Code of Alabama, 1975, § 11-52-78 or as same may be amended [Code of Ala. 1975, § 11-52-78].

7.02.

Authorized petitioners. 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 owner or agent of such property.

7.03.

Petition for amendment.

A.

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

B.

The application for rezoning shall be filed with the building inspector, on a City of Moody application for rezoning form, at least seven days prior to the regular scheduled planning commission meeting. The application will be reviewed in this meeting. The applicant shall produce the following:

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 owner 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 scaled/dimensioned site plan, showing the property boundaries, public rights-of-way, and the proposed use and development layout.

8.

The names and addresses of all the adjacent property owners, as shown on the most recent records of the St. Clair County tax assessor's office.

9.

An administrative fee of $150.00, plus the cost incurred by certified mail and publication.

C.

Upon review of the application, a planning commission public hearing shall be held at the next regularly scheduled planning commission meeting.

Note: When a petition for a rezoning is initiated by the city, all items and procedures outlined under article III, subsection 7.03 B, except item 9 shall be followed.

8.01.

Notification and adoption requirements.

A.

At least 15 days in advance of the public hearing before the city council, the council shall publish the proposed zoning amendment in full, together with a notice stating the time and place that the ordinance is to be considered by the city council; and, it shall state further that at such time and place all the persons who desire to be heard in opposition or in favor of the amendment should have an opportunity to voice their concern likewise. The city clerk shall again serve written notices by certified mail, to all the adjacent property owner's as required by law.

B.

Following the public hearing, the city council must publish a synopsis of the proposed amendment. This synopsis should refer to the name and date of the newspaper in which the proposed amendment was first published. Both insertions must be published 15 days in advance of the passage of the ordinance. If there is no newspaper of general circulation, published within the city, the city council must cause the synopsis to be posted in four conspicuous places within the municipality. Until these publication requirements have been met, no adoption of a zoning ordinance or amendment thereto will be valid.

on rezoning requests.

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 12 months has elapsed from the date of such a rejection by the city council. Furthermore, a withdrawal of the application for rezoning, after the hearing by the planning commission, but prior to the hearing held by the city council, shall also require a 12-month 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 members of the planning 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 the failure of such proposal to be enacted into law.