The following codes are hereby adopted by reference as though they were copies herein fully:

2003 International Residential Codes

2003 International Building Codes

2003 International Plumbing Codes

2002 National Electrical Codes

4-1.1.

Intent. Within the districts established by this ordinance or amendments that may later be adopted there exist: (a) lots, (b) structures, (c) uses of lands and structures, and (d) characteristics of use, which were lawful before this ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue so long as they remain otherwise lawful, subject to the following provisions:

(1)

No such conformities may be enlarged or altered in a way which increases its nonconformity, but may be altered to decrease its nonconformity.

(2)

Should such nonconformities be destroyed by any means to an extent of more than 50% of its replacement costs at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

(3)

Should such nonconformities be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(4)

Should such nonconformities be abandoned or discontinued for more than one calendar year, it shall thereafter conform to the regulations for the district in which it is located.

(5)

Such nonconformities shall not be changed to another nonconforming use, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently.

4-1.2.

Nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for an undivided parcel for the purposes of this ordinance, no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

4-1.3.

Exceptions to lots and yards. Where the owner of a lot of official record at the time of adoption of this ordinance does not own sufficient adjacent land to enable him to conform to the yard and other requirements of this ordinance, one building and its accessory structures may be built provided yard space and other requirements conform as closely as possible, in the opinion of the Planning [and Zoning] Commission to the requirements of the district in which it is located; and further provided that neither side yard shall be reduced to less than three (3) feet in width.

No building need be set back more than the average of the setbacks of the existing residences within one hundred (100) feet each side thereof.

4-1.4.

Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.

4-2.1.

Any area annexed into the Town [City] of Moundville shall be classified as a RS-1, single family residential, district upon annexation.

4-2.2.

All such persons, partnerships, corporations and other entities owning real property who wish pursuant to Code of Alabama 1975, 11-42-21 et seq. that the town [city] council consider annexation of such property to the corporate limits of the town [city] must, prior to consideration by the town [city] council, furnish to town [city] the following:

(1)

A petition in such form as prescribed and furnished by the city, duly executed by all legal owners of the property sought to be annexed. Such petition shall further be acknowledged by one or more of the owners of such property before a notary public that such annexation petition contains the signatures of all owners of the property to be annexed.

(2)

The petition shall have attached thereto a general legal description of the property which may be established by attaching thereto copies of any or all of the following:

1.

the petitioner's deeds

2.

title policies

3.

tax assessment description.

The petition shall further describe any necessary roads or other property to be annexed so as to create a contiguous relationship to the existing corporate limits of the town [city].

(3)

A map, in form and substance satisfactory to the town [city] engineer, illustrating the proposed property to be annexed and illustrating its contiguous relationship to existing corporate limits.

(4)

A completed questionnaire upon such forms as prescribed by the city reflecting as to such property the following information:

a.

The total population of the area to be annexed.

b.

The total number of all individuals 18 years of age or older residing on the area to be annexed.

c.

The total number and complete name and age of each individual 18 years of age or older who are registered to vote in Hale County, Alabama or in Tuscaloosa County, Alabama that reside on the area to be annexed.

d.

The number of such individuals by race.

e.

The requested zoning classification, in the event a zoning classification other than RS-1 is requested. The petitioners shall provide the names and mailing addresses of all owners of adjoining and cornering property as shown by the most up to date property tax roles so that the city can give notice to such persons by certified mail of the date, time and place of the public hearing of the Planning and Zoning Commission where such annexation request will be heard.

f.

The current use of the area proposed for annexation.

g.

The reasons for requesting annexation.

h.

The voting district in which such property will be located if annexed.

i.

For residential developments planned for the area proposed for annexation:

1.

the type of development proposed

2.

the number of residences expected to be developed

3.

the expected price range for residences

4.

the expected minimum lot sizes

5.

the date that site work is expected to begin

6.

the name, address and telephone number of the person to contact for additional information.

j.

The street address for the property proposed for annexation.

4-3.1.

Sight clearance to be maintained. At each corner of each street intersection a sight area shall be maintained. Within the sight area no fence, wall, sign, or other structure, no slope or embankment, no parked vehicle, or hedge, foliage or other planting, and no other object or structure shall be placed, erected or maintained which will obstruct visibility within the sight area.

4-3.2.

Dimensions of sight area. The horizontal dimensions of sight areas are defined as triangular areas formed by the intersection right-of-way lines and a straight line joining said right-of-way lines at points which are 15 feet in distance from the point of intersection of the right-of-way lines in commercial and industrial districts and 25 feet in distance from the point of intersection of the right-of-way lines in residential districts, measured along the right-of-way lines. Such sight areas shall be established regardless of the angle of the intersection of the right-of-way lines. The vertical dimensions of sight areas are defined as that vertical space between the height of 3½ feet and 15 feet in elevation above the nearest edge of street pavement of a paved street or above the nearest edge of riding surface on an unpaved street.

For purposes of this ordinance, the height of a building shall be measured from the average finished ground elevation at the base of the structure to the highest point of the roof on the structure, provided that spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, mechanical equipment or other structures placed above the roof level and not intended for human occupancy shall not be subject to height limitations. (See also Article VII, page 91.)

Every building hereafter erected or structurally altered shall be on a lot adjacent to a public street. However, no private street or driveway shall be provided to commercial or industrial districts through any residential district established by this ordinance.

With regard to interpretation of requirements related to establishment of required yards, the Zoning Board shall apply the following interpretation to the orientation of such yards:

4-6.1.

Through lots. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Board may waive the requirements for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards existing on adjacent lots.

4-6.2.

Corner lots with two frontages. In the case of corner lots with two frontages, a front yard of the required depth shall be provided on the frontage of the street having the higher traffic volumes. Where the traffic volumes on both streets are approximately equal, the required depth shall be provided on the street frontage having the minimum lot width. A second front yard of five feet less than the depth required generally for front yards in the district shall be provided on the other fronts.

4-6.3.

Appropriateness of orientation. Notwithstanding the above, the Zoning Board may determine that the most appropriate orientation for any required yard is different from the orientation as set forth above in such instance that it appears that such different orientation will further the intent of this ordinance. When a structure is to be built which will contain more than one dwelling unit, the orientation of required yards shall be based upon both the orientation of the lot and the orientation of yards different from the orientation set forth in this section and elsewhere in this ordinance subject only to appeal of such decision to the Board of Adjustment as an appeal from the decision of the Zoning Board.

Any new structure erected after the effective date of this ordinance shall be erected only upon a lot of record on file in the office of the Probate Judge of Hale County or Tuscaloosa County.

On any lot which may be reduced in area by the widening of public street to any future street line by the Town [City] of Moundville, by Tuscaloosa County or Hale County, or by the State of Alabama, when such future street line has been firmly established, the minimum required yards, the minimum required lot area, the minimum required lot width, and the maximum building area shall be measured by considering the future street line as the lot line of such lot.

It shall be the duty of the owner or person in charge or control of vacant building, house, or other structure:

(1)

To keep all openings into it securely closed in such manner as to exclude animals, fowl, and the trespass of human beings; and

(2)

To maintain it in a sanitary condition.

4-10.1.

Demolition of unsafe or damaged structures. Whenever the appropriate municipal official, as designated by the mayor, finds that any building, structure, part of building or structure, part of wall, or foundation situated in the Town [City] of Moundville unsafe to the extent that it is a public nuisance, the official shall give the person or person, firm, association, or corporation last being assessed on the property for state taxes and all mortgages of record, by certified or registered mail to the address on file in the office of the tax assessor's office for Hale or Tuscaloosa County, notice to remedy the unsafe or dangerous condition of the building or structure, or to demolish the same, within [thirty] (30) days or suffer the building or structure to be demolished by the city and the cost thereof assessed against the property. The mailing of the certified or registered mail notice, properly addressed and postage prepaid shall constitute notice as required herein. Notice of the order, or a copy thereof, shall, within three days of the date of mailing, also be posted as or within three feet of an entrance to the building or structure. If there is no such entrance, the notice may be posted at any location on the building or structure.

If a building is condemned by the town [city], there shall be no permit fee required for the demolition.

4-10.2.

Public hearing.

(1)

Within the time specified in the notice, but not more than thirty (30) days from the date the notice is given, any person, firm, or corporation having an interest in the building or structure may file a written request for a hearing before the Town [City] Council, together with his objections to the finding by the municipal official that the building or structure is unsafe to the extent of becoming a public nuisance. The filing of the request shall hold in dormancy any action on the finding of the municipal official until determination thereon is made by the Town [City] Council. Upon holding the hearing, the Town [City] Council shall determine whether or not the building or structure is vacant and/or unsafe to the extent that it is a public nuisance. The Town [City] council shall order the building or structure to be secured or demolished. The Town [City] may accomplish both actions by use of its own forces, or it may provide by contract for said action. The town [city] may sell or otherwise dispose of salvaged materials resulting from said action.

(2)

Any person aggrieved by the decision of the Town [City] Council at the hearing may, within ten days, thereafter, appeal to the circuit court of Hale County upon filing with the clerk of the circuit court of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. The Town [City] clerk shall, upon receiving notice from the circuit clerk, file with the circuit clerk a copy of the findings and determination of the Town [City] Council proceedings.

4-10.3.

Account of Cost. The Town [City] will keep an account of the cost of abating or removing the nuisance on each separate lot or parcel of land where the work is done by its employees or other authorized individuals, and shall render an itemized report in writing to the Town [City] Council showing the cost of removing the nuisance on each separate lot. The proceeds of any moneys received from the sale of salvaged materials from the building or structure shall be used or applied against the cost of securing or demolishing said building or structure. Before the report is submitted to the Town [City] Council, a copy of the report shall be posted for at least five days thereto on or near the chamber door of the Council Chambers, together with a notice of the time when the report shall be submitted to the Town [City] Council for confirmation. The town [city] clerk shall give notice of the meeting, at which the repair cost or the amounts to be considered, by first-class mail to all entities having an interest in the property, whose address and interest is determined from the tax assessor's records on the property or is otherwise known by the clerk. Any person, firm, or corporation having an interest in the property may be heard at the meeting as to any objection to the fixing of the costs or the amounts thereof. The fixing of the costs by the Town [City] Council shall constitute a special assessment against the lot or lots, parcel or parcels of land upon which the building or structure was located, and thus made and confirmed shall constitute a lien on the property for the amount of the assessment. A certified copy of the resolution shall also be filed in the office of the Judge of Probate of Hale or Tuscaloosa County.

4-10.4.

Payment. Payment of the assessment shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48, Code of Alabama, as the same has heretofore or may hereafter be amended. Upon the property owner's failure to pay the assessment the officer designated by the city to collect the assessments shall proceed to collect the assessment as provided in Sections 11-48-49 to 11-48-60, Code of Alabama, inclusive. The town [city] may, in the latter notice, elect to have the tax assessor collect the assessment by adding the assessment to the tax bill.