The provisions of this Ordinance are administered and enforced by the Zoning Official or other authorized officers of the city. This official has the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this Ordinance.

It is unlawful to commence the excavation for 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, (except necessary repairs not affecting the external or party walls, chimneys, stairways or heights of building) of any structure, including accessory structures, until the Building Inspector has issued for such work a building permit including a statement that the plans, specifications and intended use of such structure in all respects conform with the provisions of this Ordinance. Application for a building permit is made to the Building Inspector on forms provided for that purpose.

1.

Every application for a building permit for excavation, construction, use of land, moving or alteration must be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the Building Inspector to ascertain whether the proposal is in conformance with this Ordinance:

a)

The actual shape, proportion and dimension of the lot to be built upon

b)

The shape, size, and location of all buildings and structures to be erected, altered, or moved and of any buildings or structures already on the lot

c)

The existing and intended use of all buildings and structures

d)

The setback and side lines on adjoining lots and such other information concerning the lot or abutting lots as may be essential for determining whether the provisions of this Ordinance are being observed.

2.

If the proposed excavation, construction, moving or alteration is in conformity with the provisions of this Ordinance, the Zoning Official will issue a building permit accordingly. If an application for a building permit is not approved, the Zoning Official will state in writing on the application the cause for such disapproval. Issuance of a building permit may, in no case, be construed as waiving any provision of this Ordinance.

3.

A reproducible set of the final approved site plan must be submitted by the applicant and retained on file by the Zoning Official. All subsequent building permits and subdivision plats submitted by the applicant must be in substantial accord with the final site plan.

4.

An approved site plan becomes null and void if significant development does not commence with 12 months of approval.

No land or building or other structure or part thereof, hereafter erected, moved or altered in its uses may be used until the Building Inspector issues a certificate of occupancy stating that such land or structure or part thereof is in conformity with this Ordinance.

Within three days after the owner or his agent has notified the Building Inspector that a building or premises or part thereof is substantially ready for occupancy or use, it is the duty of the Building Inspector 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 this Ordinance, or if such certificate is refused to state the refusal in writing with the cause to the owner or their authorized agent.

1.

Applicability. Review and approval of site plans by the Planning Commission is required for those uses indicated in Articles 4, 5 and 6 and any multifamily and nonresidential developments meeting the following characteristics:

a)

New construction with a site of two acres or larger.

b)

New construction, expansion of an existing building or use by more than 50%, or moving an existing building or structure when such activity is proposed on any property abutting US Highway 78, Alabama Highway 29, Alabama Highway 202, and Leon Smith Parkway.

2.

Site Plan Requirements. The proposed site plan must be submitted in triplicate to the Zoning Official. The Council may, at its discretion establish by resolution, a fee to cover the costs of the site plan review. Applicants must submit a proposed site plan including those materials listed in the Appendix.

3.

General Conditions The Commission will approve the site plan only upon finding that the building, structures, facilities and uses proposed will not:

a)

Adversely affect the health or safety of persons residing in or working on the land in question or in the neighborhood thereof.

b)

Be detrimental to the public welfare or adversely affect the use or development of adjacent or surrounding properties.

c)

Constitute a violation of any provision of this ordinance or any other applicable law, regulation or ordinance.

4.

Specific Conditions

a)

The Commission, as a condition of approval, may require additional screen planting, fences or walls when necessary to avoid adverse impacts upon the use or development of adjacent or neighboring properties.

b)

The Commission may establish minimum design standards acceptable for site plan development to ensure good site planning and to protect the health, safety and welfare of local citizens.

c)

The Commission may attach other conditions to the approval of the site plan where necessary to assure that the use of land in question will be consistent with the purpose and intent of this Ordinance.

d)

The concerned land may be used and developed only in accordance with the plan approved or as modified by the Commission. The Commission in accordance with these regulations may modify a site plan. Use and development of land that is the subject of the site plan or the construction of a building or structure thereon in a manner not in compliance with that plan constitutes a violation of this Ordinance.

e)

One or more of the uses proposed for the concerned land must be established on such land within 365 calendar days after the date of approval of the plan or said plan will become void; provided, that the Commission may extend such time upon request filed within such 365-day period and may grant further extension; provided, that the total length of such extensions may not exceed one year. Where the site plan contemplates the construction of one or more new buildings or structures, the use is considered established when construction of one or more the buildings has commenced.

Conditional uses are those that have some special effect, which differs from the potential impacts of permitted uses or exceeds them in intensity, or have uniqueness such that their effect upon the surrounding environment cannot be determined in advance of a use being proposed in a particular location. As such, conditional uses must be reviewed in terms of existing zoning and land uses in the vicinity of the proposed use: whether, and to what extent the use at the proposed location is consistent with the Comprehensive Plan, the intent of this Ordinance, and any other development policies and/or regulations of the City; and whether and to what extent all steps possible have been taken by the developer to minimize adverse effects of the use on the immediate vicinity and on the public health, welfare and safety in general.

1.

All conditional uses require application to and approval by the Commission. The application must be filed at least 20 working days prior to the date on which it is scheduled to be heard by the Commission, and must include a Site Plan in accordance with the submittal requirements in the Appendix. At least 15 working days prior to the scheduled Commission hearing, the Zoning Official will give written notice to all adjoining property owners.

2.

The Commission will review the proposed conditional use for compliance with this Ordinance and other applicable codes and Ordinances, and for compatibility with the purposes of the applicable zoning district. In particular the Commission must determine that satisfactory provisions have been made concerning the following:

a)

Access to and from the property and the proposed structure and/or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access

b)

The location and accessibility of off-street parking and loading areas

c)

The location and accessibility of refuse and service areas and their potentially adverse effects upon surrounding properties

d)

The screening and buffering of potentially adverse views and activities from surrounding properties

e)

Control of noise, glare, odor, surface water runoff, and other potentially disturbing impacts upon surrounding properties

f)

The availability, location, and capacity of utilities

g)

The location and scale of signs and lighting with particular reference to traffic safety, glare, and visual compatibility with surrounding properties

h)

The bulk, density, and lot coverage of structures, and yards and open areas, with reference to their compatibility with the character of the surrounding area

3.

The Commission may impose such conditions for approval as it deems necessary in the particular case to protect the public interest and further the purposes of this Ordinance, in relation both to the items listed above and to any other factor it deems relevant. Such approval and conditions are attached to the property, structure, and/or use for which conditional use is approved and not to a particular person. Violations of conditions attached to any conditional use are considered violations of this Ordinance.

4.

Within 60 calendar days of the public hearing, unless an extension of time is agreed to by the applicant, the Commission must approve the application for a conditional use, approve it with conditions, or deny it. Failure of the Commission to act on an application within this timeframe constitutes approval.

The Commission must review the character, location and extent of any public street, square, park or other public way, ground, open space or building or structure, or any major utility project, whether publicly or privately owned, in accordance with Section 11-52-11 of the Code of Alabama, 1975, as amended. The purpose of such review is to determine whether or not such projects are consistent with the goals and policies of the Comprehensive Plan. The Commission's findings and recommendations are transmitted to the Council. Failure of the Commission to act on an official submission within 60 calendar days from the date of such submission constitutes approval.

Any uses of land or dwellings or 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 Zoning Official is hereby authorized to apply to a court of competent jurisdiction to abate the nuisance created by such unlawful use of a structure, land or building. Whenever the Zoning Official has declared a structure to be in violation of any applicable provisions of this Ordinance, the owner or occupant must, within 72 hours from receipt of notification from the Zoning Official to vacate such premises, accomplish such vacation until such structure or premises has been adapted to conform to the provisions of this Ordinance. Such notification will be by one of the following methods:

1.

By delivery to the owner personally, or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion

2.

By depositing the notice in the United States as first class certified mail

3.

By posting and keeping posted for 72 hours, a copy of the notice in a conspicuous place on the premises to be repaired.

Any person violating any provision of this Ordinance will be fined upon conviction not less than $10.00 nor more than $100.00 and cost of court for each offense. Each day such violation continues constitutes a separate offense. The conviction of a violation and imposition of any fine does 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 Zoning Official or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to correct or abate such violation or to prevent occupancy of such building, structure, or land.

It is unlawful for anyone to construct, commence to construct, or to cause construction of any structure in any area of the City that has not been zoned by the City Council. The Building Inspector is hereby instructed not to issue any building permit for any commercial construction in any area of the City not yet zoned.