In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the building inspector shall within ten days of notification, institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or restrain, correct or abate the violation, to prevent the occupancy of the act, conduct, business or use in or about the premises. Any person who violates any provision of this chapter shall, upon conviction by a court of competent jurisdiction, be guilty of a misdemeanor and upon conviction shall be punished for each offense as specified in section 1-7.

(Code 1979, ch. 40, § 7(5))

(a)

The legislative function of enactment and amendment of this chapter is performed by the city council. Thereafter, administration of the chapter is carried out by three separate city agencies, each with its own specialized duties.

(b)

The building inspector is charged with enforcing the chapter, through examining plans, inspections, keeping records and ordering compliance.

(c)

The zoning board of adjustment hears and decides cases in which it is claimed either that some ruling of the building inspector was in error, that special circumstances require a variance from the strict terms of this chapter, or special exceptions to the terms of this chapter upon which the zoning board of adjustment is required to pass judgment.

(d)

The planning commission is responsible for a continuous review of the effectiveness of the chapter, advice to the city council on proposed changes in the chapter, advice to the zoning board of adjustment and other agencies and advice to the building inspector.

(e)

The functions of each of these agencies are necessary to the smooth and purposeful administration of the zoning program.

(Code 1979, ch. 40, § 7)

The building inspector is hereby authorized, and it shall be his duty, to enforce and administer the provisions of this chapter. He shall give information upon request as to the provisions of this chapter and shall interpret the meaning of the chapter in the course of enforcement.

(Code 1979, ch. 40, § 7(1))

Cross reference— Buildings and building regulations, ch. 18.

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced (except repairs not changing the character of the structure and not exceeding $500.00 in cost, or painting or wallpapering) until the building inspector has issued a building permit for the work.

(Code 1979, ch. 40, § 7(2))

(a)

Each application to the building inspector for a building permit shall be accompanied by plot plans in duplicate showing:

(1)

A statement of intended use.

(2)

The actual dimensions of the lot to be built upon.

(3)

The size of the building to be erected.

(4)

The location of the building on the lot.

(5)

The location of existing structures on the lot, if any.

(6)

The number of dwelling units the building is designed to accommodate.

(7)

The approximate setback lines of buildings on adjoining lots.

(8)

Such other information as may be essential for determining whether the provisions of this chapter are being observed.

(b)

Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of its date of issue or if the work authorized by it is suspended or abandoned for a period of one year.

(Code 1979, ch. 40, § 7(3))

(a)

A certificate of occupancy issued by the building inspector is required in advance of:

(1)

Occupancy or use of a building hereafter erected, altered or moved.

(2)

A change of use of any building or land.

(b)

In addition, a certificate of occupancy shall be required for each nonconforming use created by the passage of and subsequent amendments to this chapter. The owner of such nonconforming use shall obtain a certificate of occupancy within 30 days of the date of the passage of any subsequent amendments to this chapter.

(c)

A certificate of occupancy, either for the whole or part of a building, shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of the building, or part, shall have been completed in conformity with the provisions of this chapter. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter. If the certificate of occupancy is denied, the building inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

(Code 1979, ch. 40, § 7(4))

(a)

The regulations and the number, area and boundaries of districts established by this chapter may be amended, supplemented, changed, modified or repealed by the city council, but no amendment shall become effective unless it is first submitted to the planning commission for its recommendation. The planning commission, upon its own initiative, may hold public hearings, public notice of which shall be given for the consideration of any proposed amendment to the provisions of this chapter or to the zoning map and report its recommendations to the city council. The provisions of Code of Ala. 1975, § 11-52-70 et seq. shall apply to all changes and amendments.

(b)

Every petition for amendment shall be accompanied by a payment in the amount of $10.00 plus all costs of processing the petition.

(Code 1979, ch. 40, § 11)

Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the building inspector. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.

(Code 1979, ch. 40, § 12)

(a)

Within the districts established by this chapter or amendments that may later be adopted there exist:

(1)

Lots;

(2)

Structures;

(3)

Uses of land and structures; and

(4)

Characteristics of use;

which were lawful before the ordinance from which this chapter is derived was passed or amended, but which should be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this division to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this division that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of the ordinance from which this chapter is derived by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

(c)

To avoid undue hardship, nothing in this division 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 the ordinance from which this chapter is derived and upon which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently.

(Code 1979, ch. 40, § 4(1))

(a)

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 the ordinance from which this chapter is derived, notwithstanding limitations imposed by other provisions of this chapter. 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 the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located. Variance of yard requirements shall be obtained only through action of the zoning board of adjustment.

(b)

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 the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Code 1979, ch. 40, § 4(2))

Where at the time of passage of the ordinance from which this chapter is derived lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided that:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Code 1979, ch. 40, § 4(3))

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structure or nonconforming portion of the structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(Code 1979, ch. 40, § 4(4))

If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of a structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for three consecutive months (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(5)

When nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

(Code 1979, ch. 40, § 4(5))

On any nonconforming structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair and replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(Code 1979, ch. 40, § 4(6))

Any use which is permitted as a special exception in a district under the terms of this chapter shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Code 1979, ch. 40, § 4(7))

A zoning board of adjustment is established. The board shall consist of five members, each to be appointed for a term of three years by the city council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Each member may be removed for cause by the appointing authority upon written charges and after a public hearing.

(Code 1979, ch. 40, § 8(1))

(a)

Meetings of the zoning board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(b)

The board shall adopt and publish its own rules of procedure and keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent and failing to vote, indicating such fact, and shall keep records of its examinations and of other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Code 1979, ch. 40, § 8(2))

An appeal shall be taken within a reasonable time, as provided by the rules of the zoning board of adjustment, by filing with the officer from whom the appeal is taken and with the zoning board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board all papers constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

(Code 1979, ch. 40, § 8(3))

The zoning board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Code 1979, ch. 40, § 8(4))

The zoning board of adjustment shall have the following powers and duties.

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

(2)

To hear and decide special exceptions to the terms of this chapter upon which the board is required to pass under this chapter.

(3)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. In exercising the abovementioned powers, the board may, in conformance with the provisions of this division, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer 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 upon any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

(Code 1979, ch. 40, § 8(5))

Any party aggrieved by any final judgment or decision of the zoning board of adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with the board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, the board shall cause a transcript of the proceedings in the cause to be certified to the court to which the appeal is taken and the cause in such court to be tried de novo.

(Code 1979, ch. 40, § 8(6))