The provisions of this ordinance shall be administered and enforced by the building inspector of the city. He may be provided with the assistance of such other person or persons as the city council may direct. 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 inspection to insure 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.

F.

Have the right to enter upon any premises at any reasonable time for the purpose of making inspection of land or structure necessary to carry out the enforcement of this ordinance. If the building inspector shall find that any of the provisions of this ordinance are being violated, he shall proceed to notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structure or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

It shall be unlawful to obtain a building permit to commence the excavation or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices, or to commence the moving, alterations, or repair (except repairs not changing the character of the structure and not exceeding one hundred dollars ($100.00) in value or painting or wallpapering) of any structure, including accessory structures, until the building inspector has issued written authorization that the plans, specifications, and intended use of such structure in all respects conforms with the provisions of this ordinance.

A.

It shall be unlawful for the building inspector to approve any plans or issue a building permit for any excavation or construction until he 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, dimensioned, and showing the following in sufficient detail to enable the building inspector to ascertain whether the proposed development is in conformance with 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 or other structures already on the lot, both above and below existing grade.

3.

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

4.

The setback and side lines of buildings on adjoining lot and such other information concerning the lot or adjoining lots as may be essential for determining conformance with the provisions of this ordinance.

A.

New construction and substantial site development expansion of all planned residential developments, townhouses, patio homes, five (5) or more multi-family dwelling, mobile home parks, institutional uses, commercial uses, and industrial uses shall require to approval of a site plan prepared by a professional engineer licensed in the State of Alabama, with the minimum information described below. One (1) reproducible set of plans and five (5) copies of each set shall be submitted for approval.

1.

Cover sheet with:

a.

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

b.

Vicinity map.

c.

Zoning and existing and proposed land use of the site.

d.

Date, scale, north arrow and number of streets.

2.

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

3.

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

4.

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

5.

Fire lanes and hydrants.

B.

The building inspector shall review the site plans for general completeness and compliance with this ordinance and shall forward copies of the plans to the city engineer, fire chief, police chief and building inspector for their review and comment. The building inspector shall provide the applicant with a decision for approval or disapproval within two (2) weeks of submittal. The reasons for disapproval, along with all review comments, shall be stated in writing to the applicant. A reproducible copy of the final approved site plan shall be submitted by the applicant and retained on file by the building inspector. All subsequent building permits and subdivision plats submitted by the applicant shall be in substantial accord with the final site plan. An approved site plan shall become null and void if significant development does not commence within twelve (12) month of approval.

C.

The applicant shall reimburse the city for any professional fees incurred in the review of the applicant's site plan.

Within three (3) days after the owner or his agent has notified the building inspector of the city that a building or premises or part 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 to issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of the ordinance, or if such certificate is refused, to state the refusal in writing with the cause. One (1) copy of the signed certificate of occupancy, a signed statement by the owner or his 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 building inspector shall be heard by the zoning board of adjustment.

The zoning board of adjustment shall make an interpretation of the "Oneonta Zoning Map" upon request of any person. Where uncertainty exists as to the boundaries of any district shown on said maps the following rules shall apply:

A.

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

B.

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

C.

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

This ordinance recognizes the limitation 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. However, in no case 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. Appeal to the building inspector's use interpretation may be filed with the zoning board of adjustment.

In the event the building inspector finds a new or unusual use that cannot appropriately 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 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 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 the zoning board of adjustment.

3.

Following final action on the unclassified use, as (1) or (2) above may require, the planning commission shall initiate an amendment to this Ordinance to list the newly permitted use into the most appropriate district(s).

Any permit that has been issued, for which no construction work has been done above the foundation walls or other foundation support within ninety (90) days from the date of issuance shall expire by limitation, but shall upon reapplication be renewable, subject, however, to the provisions of all ordinances in force at the time of said renewal. Construction of the building shall be completed within one (1) year from the date of issuance of the building permit.

Any uses of land or dwellings or construction or alteration of buildings or structures including tents or trailers, coaches or uses erected, altered, razed or converted in violation of any of the provisions of the 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 structure. Whenever the building inspector has determined a structure is not in compliance with the requirements contained in this ordinance, the owner or occupant may be required to vacate such structure or premises until such has been adapted to conform with the provisions of this ordinance.

Any person, firm, corporation, or other organization, which violates any provision of the ordinance, shall be fined upon conviction not less than ten dollars ($10.00) no more that two hundred dollars ($200.00) and costs of court for each offense. 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 the provisions of this ordinance.

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 of the city or any other appropriate authority or any adjacent or neighboring property owner who would be damaged or caused hardship by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to stay or prevent unlawful erection, construction, alteration, repair, conversion, maintenance or use, to correct or abate violations or to prevent occupancy of such building, structure or land.

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

The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman, or in his absence, the acting chairman. He may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The zoning board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board.

The zoning board of adjustment shall have the following powers and duties as granted in section 13.2 above and as specified herein.

To hear and decide appeals where it is alleged that an error exists in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

To hear and decide such special exceptions as the zoning board of adjustment is specifically authorized to pass on by the terms of this ordinance, certain uses are identified for special treatment. The nature of these uses is such that when properly regulated, they are appropriate in several zones. In order to bring about the proper integration of these uses, a special set of standards are provided for each use. Review of these standards will tend to maintain compatibility with adjoining uses. It is intended that the zoning board of adjustment will review all proposals for these special exception uses for compliance with the appropriate provisions of article VI, Supplemental regulations before approval is granted and a building permit is issued.

( Ord. No. 0721-01 , 7-13-21)

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 shall be filed with the building inspector at least thirty (30) days before 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 owner on a form made available by the building inspector and shall include the following information and materials.

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.

Zoning and land use of the property under consideration.

4.

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 proposed development layout.

7.

Stamped No. 10 envelopes (legal size) with the names and addresses of adjacent property owners (including those directly across a public right-of-way), as shown in the most recent records of the Blount County Tax Assessor.

8.

A one hundred twenty-five dollar ($125.00) filing fee.

A.

Public notice. At least fifteen (15) days prior to the scheduled zoning board of adjustment hearing, the building inspector 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, first class postage prepared, addressed to such property owners at their addresses as submitted with the application. The notice shall state the following information:

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 meeting.

To authorize upon appeal in specific cases such variance from the terms of this ordinance 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.

A.

Justification. Variances to the terms of this chapter may be granted in individual cases upon finding by the zoning board of adjustment that the variance will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provision of this chapter subject to a variance will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. More specifically, the Board shall determine 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.

Hardship alone is not sufficient; Alabama statutes require unnecessary hardship.

4.

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

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 that the structure of this section would not disintegrate and fall apart by constant erosion at the hands of the board.

6.

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

B.

Application. An application for a variance shall be filed with the building inspector at least thirty (30) days before 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 owner on a form made available by the building inspector and shall include the following information and materials:

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.

Zoning and land use of the property under consideration.

4.

Nature of the variance with reference to applicable zoning provisions.

5.

Justification for the variance in accordance with all of the criteria in (a) above.

6.

A vicinity map showing the location of the property.

7.

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

8.

Stamped No. 10 envelopes (legal size) with the names and addresses of adjacent property owner (including those directly across a public right-of-way), as shown in the most recent records of the Blount County Tax Assessor.

9.

A one hundred twenty-five dollar ($125.00) filing fee.

C.

Public notice. At least fifteen (15) days prior to the scheduled zoning board of adjustment hearing, the building inspector shall give written notice of the variance to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as submitted with the application. The notice shall state the following information:

1.

The name of the applicant.

2.

The location of the property

3.

The nature of the variance and the applicable zoning provisions.

4.

The time, date and location of the board hearing.

In exercising the above-mentioned powers, the zoning board of adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse, or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.

The concurring vote of four (4)members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

Appeals to the zoning board of adjustment may be taken by any person aggrieved or 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 of such lesser period as may be provided by the rules of the board, by filing with the building official 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 constituting when which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies to the zoning board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such cases 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 official from whom the appeal is taken and on due cause shown.

Any party aggrieved by any final judgement of the zoning board of Adjustment, may appeal therefrom to the circuit court or court of like jurisdiction as provided by Section 11-52-81, Code of Alabama, 1975, or as same may be amended.

The regulations and the number, area and boundaries of districts established by the ordinance may be amended, supplemented, changed, modified, or repealed by the City Council of the City of Oneonta, but no amendment shall become effective unless it is first submitted to the Oneonta Planning Commission. At its own initiative, this body may hold public hearings, public notice of which shall be given, for the consideration of any proposed amendment to the provision of this ordinance or to the Zoning Map of Oneonta and report its recommendation to the City Council of Oneonta,

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 regulation or zoning district boundaries herein established, in accordance with the Code of Alabama, 1975, Section 11-52-78.

A petition for amendment of the ordinance or the zoning district boundaries may be initiated by the city council, the planning commission or the owner or agent of such property subject to amendment of zoning district boundaries.

A.

A petition for amendment when initiated by the property owner or authorized agent of such owner and shall meet the application requirements of this section.

B.

The application for rezoning shall be made on a form available from the building inspector and be filed with the building inspector at least thirty (30) days prior to the planning commission hearing. The applicant shall provide the following information and materials:

1.

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

2.

Address and legal description of the property under consideration, accompanied by a copy of the application tax maps clearly identifying the property subject to rezoning.

3.

Present and proposed zoning and land use of the property under consideration.

4.

Reason for the rezoning request.

5.

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 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.

Public hearing notices on a form made available by the Building Inspector and stamped No. 10 envelopes (legal size) with the names and address of adjacent property owners (including those directly across a public right-of-way), as shown in the most recent records of the Blount County Tax Assessor.

9.

A one hundred twenty-five dollar ($125.00) filing fee.

A.

In the case of a petition by a property owner, at least fifteen (15) days prior to the scheduled planning commission hearing, the building inspector shall give written notice of the rezoning to all adjacent property owners.

Such notices shall be deemed given when deposited in the United States mail, first class postage prepared, addresses to such property owners at their addresses as submitted with the rezoning application. The notice shall state the following information:

1.

The name of the petitioner.

2.

The location of the property.

3.

The current and proposed zoning and land use of the property.

4.

The time, date and location of the planning commission hearing of the proposed zoning amendment.

B.

The planning commission shall hold a public hearing at the first regularly scheduled meeting after compliance with the application and notice requirements of this ordinance.

C.

At least six (6) days public notice of the hearing shall be given in accordance with the publication or posting requirement in section 17.1 Public Notice of Hearing. The planning commission, by majority vote, shall report its recommendations to the city council. The planning commission report shall be transmitted to the city council within thirty (30) days of the hearing, unless the city council grants an extension of such period. Otherwise, the proposed amendment shall be considered to have been recommended by the planning commission.

A.

Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing on the proposed amendment at the next regularly scheduled city council meeting.

B.

The city council shall give public notice of the hearing on the proposed amendment in accordance with section 17.1 Public Notice of Hearings.

C.

Following notice and hearing, the city council shall decide by majority vote to accept or reject the proposed amendment.

D.

If the city council takes no final action upon the proposed amendment within ninety (90) days after receipt of the recommendation of the planning commission, the proposed amendment shall be deemed to have been rejected and overruled by the council.

A.

At least fifteen (15) days in advance of the public hearing before the city council, the council shall publish the proposed zoning ordinance amendment in full for one (1) insertion in a newspaper of general circulation published with the city, together with a notice stating the time and place that the ordinance is to be considered by the city council and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such ordinance. One (1) week after the first insertion, the city council shall have published a synopsis of the proposed ordinance, which synopsis shall refer to the date of the newspaper in which the proposed ordinance was first published. If there is no newspaper of general circulation published within the city, then the city council must cause the ordinance and notice to be posted in four (4) conspicuous places within the city. The commission may both publish and post the hearing notice.

B.

At least six (6) days in advance of the public hearing before the planning commission, the commission shall publish notice of the proposed zoning ordinance amendment for one (1) insertion in a newspaper of general circulation published within the city, stating the time, place and object of the hearing and stating further that at such time and place all persons who desire shall have opportunity of being heard in opposition to or in favor of such ordinance. If there is no newspaper of general circulation published within the city, then the planning commission must cause the ordinance and notice to be posted in four (4) conspicuous places within the city. The commission may both publish and post the hearing notice.

C.

The applicant for a rezoning shall be responsible for posting property with signs made available by the building inspector. Each placard shall note the proposed district change and the time and place of the planning commission hearing. Property shall be posted at least fifteen (15) days in advance of the public hearing before the planning commission and remain posted until the public hearing is completed. The applicant shall place the signs at reasonable intervals along the public street abutting the property. (State Law reference - Procedure for adoption, Code of Alabama, 1975, Section 11-52-77)

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 one (1) year 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 hearing held by the city council shall also require a one-year 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 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 failure of such proposed amendment to be enacted into law.