The zoning officer shall be an appointed official of the city. The city planner shall be the zoning officer unless another appointed official of the city is designated by the city council to be the zoning officer. The zoning officer is hereby authorized, and it shall be his/her duty, to oversee the enforcement and the administration of the provisions of this chapter. The zoning officer shall give information, upon request, as to the provisions of this chapter and shall interpret the meaning of the provisions of this chapter. The zoning officer shall have the right, at reasonable times and upon reasonable prior notice to the occupant thereof, to enter upon any premises for the purpose of making inspections of buildings or premises as necessary in order to carry out his duties with respect to the enforcement and administration of this chapter.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 11(19-24-1), 5-12-2008)

It shall be unlawful to commence the excavation for, or the construction of, any building or other structure, including accessory structures, or to commence the moving, alteration or repair of any structure, including accessory structures, until the building official has issued a permit for such work ("building permit"). No building permit may be issued without certification from the zoning officer or the building official that the plans, specifications and intended use of such structure conform in all respects with the provision of this chapter. If an application for a building permit is not approved, the building official shall state in writing on the application, or on an attachment to the application, the reason or reasons for such disapproval; provided, however, that the building official's failure to include one or more of such reasons shall not constitute a waiver of any requirement or condition with which the applicant for the building permit failed to comply. The issuance of a building permit hereunder shall not be construed as waiving any provision of this chapter.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 12(19-24-2), 5-12-2008)

It shall be unlawful for the building official to approve any plans, or to issue a building permit, for any excavation for a structure, or for the construction or alteration of a structure until the building official has inspected such plans in detail and found them to be in compliance with the provisions of this chapter. The building official shall require zoning approval as part of every application for a building permit. Application for zoning approval shall be filed in written form with the zoning officer or building official and shall be accompanied by a scaled plan or plat which shows the following in sufficient detail to enable the zoning officer to ascertain whether the proposed excavation, construction, use of land or alteration complies with the provisions of this chapter:

(1)

The shape, location and dimensions of the parcel upon which the construction is to occur;

(2)

The shape, size, height and location of: a. The building or buildings or other structures to be constructed on the parcel; and b. Any buildings or other structures already on the parcel, including any building which is to be altered;

(3)

If an existing building is to be altered so that its size or shape will be changed, the present and proposed size and shape of the building;

(4)

The existing and intended use of all such buildings or other structures; and

(5)

Such additional information concerning the parcel or any building thereon, or to be constructed thereon, which, in the opinion of the zoning officer, is necessary to determine whether the present and proposed buildings and other structures comply with the provisions of this chapter.

If, in the opinion of the zoning officer, the proposed excavation, construction or alteration as set forth in the application complies with the provisions of this chapter, the zoning officer shall, upon payment of any fees required by article XXVII of this chapter or by any other ordinance of the city, issue a zoning approval certificate for such excavation, construction or alteration.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 13(19-24-3), 5-12-2008)

No building or other structure, or part thereof, hereafter constructed, moved or altered in its use, may be occupied or used until a certificate of occupancy is issued stating that such building or structure, or part thereof, is found to be in compliance with the provisions of this chapter and all other applicable ordinances, codes and regulations of the city. Within three business days after the owner of such building or structure, or his agent, has notified the building official or the zoning officer that a building or other structure, or part thereof, is ready for occupancy or use, it shall be the duty of the building official, or other appropriate city official to make a final inspection thereof and to issue a certificate of occupancy if such building or structure, or part thereof, is found to:

(1)

Comply with the provisions of this chapter;

(2)

Comply with the provisions of any other applicable chapters of the City Code;

(3)

Comply with the provisions of any other applicable ordinances, codes or regulations; and

(4)

Comply with the site development plans and other information submitted in an application for the rezoning of the parcel upon which such building or structure is located and any restrictions or conditions accompanying any change of zoning.

If a certificate of occupancy is not issued for such building or structure, the building official shall provide a written statement containing the reason or reasons for not issuing the certificate; provided, however, that the building official's failure to include one or more of such reasons shall not constitute a waiver of any requirement or condition with which the applicant for the certificate of occupancy failed to comply.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 14(19-24-4), 5-12-2008)

If any building or other structure is in the process of being erected, constructed, reconstructed, altered, repaired or maintained in violation of this chapter, or if any building, structure or land is used in violation of this chapter, the zoning officer, the city manager or any other appropriate official of the city may institute injunctive, mandamus or other appropriate actions or proceedings to:

(1)

Stay or prevent such unlawful erection, construction, reconstruction, alteration, repair, maintenance or use;

(2)

Restrain, correct, abate or remove such violation;

(3)

Prevent the occupancy of such building, structure or land; or

(4)

Prevent any illegal act, conduct, business or use in and about such premises.

Any adjacent or neighboring property owner who would be especially damaged or caused hardship by such violation may also institute injunction, mandamus or other appropriate actions or proceedings for the purposes specified herein.

(Ord. No. 1224, 2-26-96)

(a)

The Villages of Mountain Brook, for purposes of this section, are composed of those properties located within the "village boundary line" shown on the village maps found in section 129-557 of the City Code.

(b)

It shall be unlawful for the zoning officer to issue a zoning approval certificate related to any property located within the villages or to issue a permit for the installation, replacement or modification of a sign to be placed on a building located in any of the villages until ten days after the village design review committee has completed an advisory design review of the proposed improvements, renovations or sign and submitted a report of its findings and recommendations to the applicant, the planning commission and the zoning officer.

(c)

In addition to the information and documents referred to in section 129-413 which each applicant for a zoning approval certificate must furnish to the zoning officer, such applicant must furnish the following information to the zoning officer with respect to the improvements to be constructed or renovated on the property for which the zoning approval certificate is sought. Sixteen copies of all documents and drawings related to the following information must be delivered to the zoning officer. The zoning officer shall promptly deliver five copies of such documents and drawings to the village design review committee, one copy to the zoning officer, nine copies to the planning commission and shall retain one copy of each drawing and document for the record.

(1)

Building elevations;

(2)

Types and colors of construction materials;

(3)

Outdoor lighting;

(4)

Visibility from neighboring properties, buildings and public streets;

(5)

Vehicles, equipment and materials to be stored;

(6)

Landscape and planting;

(7)

Screening of any part of the property by fences, walls, vegetation or other means; and

(8)

Signs.

Each applicant for a permit to install, replace or modify a sign must furnish the following information with respect to the new sign to be installed (either an initial sign or a replacement sign) or the modifications to an existing sign. Seven copies of all documents and drawings related to the following information must be delivered to the city clerk. The zoning officer shall promptly deliver five copies of such documents and drawings to the village design review committee, one copy to the zoning officer and shall retain one copy of each drawing and document for the record.

(1)

A rendering of the sign, showing the dimensions and color of the sign, the dimensions of any letters, numbers or other figures on the sign and the material of which the sign is made;

(2)

A photograph of the building with the image of the sign, in accurate scale, superimposed on the building;

(3)

An electric plan for the sign, if the sign is to be lighted; and

(4)

The times during which the sign will be lighted.

(Ord. No. 1269, 8-25-97; Ord. No. 1304, 4-27-98; Ord. No. 1574, § 1, 6-9-03; Ord. No. 1770, 15(19-24-6), 5-12-2008; Ord. No. 1899, § 8, 11-12-2013)

(a)

Creation, membership, and powers. A village design review committee is hereby established ("committee"). The committee shall consist of five members and two supernumerary members. The supernumerary members shall attend meetings, at the call of the chairman of the committee, only in the absence of the members of the committee. Members shall be appointed by the city council for terms of three years, except that, of the initial members of the committee, two shall be appointed to terms of three years, two shall be appointed to terms of two years and one shall be appointed to a term of one year. At its first meeting the committee shall elect a chairman and a vice-chairman, who shall serve as chairman in the absence of the chairman or the inability of the chairman to act as chairman. If any member dies, resigns or otherwise becomes unable to complete his term of office, the city council shall appoint a person to complete his unexpired term. Members of the committee must be residents of the City of Mountain Brook and shall serve without compensation. The committee may seek technical advice from outside its own membership on any matter related to its powers and duties, but may not obligate the city for the expenditure of funds without the prior approval of the city council.

(b)

Meetings, procedures, and records. Meetings of the committee shall be held at the call of the chairman of the committee at such times as the chairman may determine. All meetings of the committee shall be open to the public, and notice of each meeting shall be given by posting notices within the city at the same places where ordinances adopted by the city council are posted. The committee shall keep minutes of its meetings and the committee's rules of procedure shall be Robert's Rules of Order.

(c)

Design review guidelines. The committee shall adopt and publish design review guidelines for the villages which shall relate to the compatibility of proposed construction and renovations with the architectural styles of existing buildings in the villages ("guidelines"). Copies of the guidelines may be obtained from the zoning officer for a reasonable charge, which shall be established by the city council, from time to time.

(d)

Duties. The duties of the committee shall be:

(1)

To review all proposed construction, renovations and signs within the villages for compatibility with the guidelines;

(2)

a.

To review and make recommendations to the owners and developers of, and architects for, each building proposed to be constructed in a village and each building located in a village which is proposed to be renovated, with respect to the compatibility of such building with existing buildings in such village;

b.

To review and make recommendations to the owners and developers of, and architects for, each sign proposed to be installed on a building in a village and each sign located on a building in a village, which sign is proposed to be modified, with respect to the compatibility of the proposed sign with the architectural style of the building on which the sign is to be installed (or the building on which the sign is located, with respect to a sign to be modified) and the architectural style of the other buildings in such village; and

c.

Within five business days following the completion of the committee's advisory design review: (1) to submit a written report to the applicant, the planning commission and the zoning officer about its findings, including any comments and recommendations made to owners, developers and architects; (2) certify completion of the advisory design review to the zoning officer. Notwithstanding any other provision of this section, if the report is not submitted to the applicant, the zoning officer and the planning commission within 30 days (or such longer period of time which may be agreed upon by the applicant and the committee) of the applicant's submission of all required information and materials to zoning officer, the applicant's submission shall be considered to have been approved as submitted, and the zoning approval certificate may be issued by the zoning officer at the end of such period.

(e)

Conflicts of interest. At any time the committee schedules the review of a proposed construction or renovation of an improvement which is owned by a member of the committee, or any person related to a member of the committee by blood or affinity, or in which a member of the committee or such related person has an interest, that member shall advise the chairman of such interest, and the chairman shall appoint a supernumerary member of the committee to sit on the committee with respect to such matter. The replaced member may not discuss or vote on the matter.

(Ord. No. 1269, 8-25-97; Ord. No. 1304, 4-27-98; Ord. No. 1770, 16(19-24-7), 5-12-2008)