The provisions of this appendix shall be administered and enforced by the building official of the City of Ozark or others at his direction. This official shall have the right to enter upon any premises at any reasonable time prior to the issuance of certificate of occupancy for the purpose of making inspections of buildings or premises necessary in carrying out his/her duties in the enforcement of this appendix.

It shall be unlawful to commence excavation for the construction of any building or other structure, including accessory structures, signs or pools; or to commence the demolition of any structure; or to store building materials or erect temporary field offices; or to commence the moving, or alteration (except repairs, painting or wall papering and work not changing the character of the structure) of any structure, including accessory structures, signs and advertising structures; until the building official has issued for any and all such work a building permit stating that plans have been reviewed for compliance with this appendix. Application for any and all permits required under this appendix shall be made to the building official on forms provided for that purpose and supplemented with appropriate plans, diagrams and specifications to demonstrate proposed compliance with the ordinance. The city council may from time to time set fees it finds appropriate to various types of permits.

It shall be unlawful for the building official to approve any plans or issue any building permit for excavation or construction until he or she has inspected such plans in detail and found them in conformity with this appendix. To this end, the building official shall require that every application for a building permit be accompanied by a plot plan drawn to scale, dimensioned, and showing the following in detail sufficient to enable the building official to ascertain whether or not the proposed development is in conformance with the provisions of this appendix.

a.

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

b.

The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any buildings or other structures already on the lot, both above and below grade.

c.

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

d.

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

e.

Every applicant for the use of land and by virtue of the provisions of this appendix shall include therewith a plan showing the location of necessary fire hydrants with adequate water flow. The applicant shall provide the building official with copies of all deed restrictions and/or covenants which pertain to the subject property.

New construction and substantial site development expansion of all planned developments (excluding single-family residential), multiplexes, townhomes, garden homes, manufactured (mobile home) parks, manufactured (mobile home) subdivisions, institutional uses, commercial uses, and industrial uses shall require the submission and approval of a site plan prepared by a professional engineer licensed in the State of Alabama, with the minimum information described below. Six (6) sets of plans shall be submitted for approval.

a.

Cover sheet with:

1.

Name and location of the development; name, address and signature of the owner; and, name, address, and seal of the engineer and/or architect;

2.

Vicinity map;

3.

Zoning and existing and proposed land use of the site; and

4.

Date, scale, north arrow, and number of streets.

b.

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.

c.

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

d.

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

e.

Fire lanes and hydrants.

The building official shall review the site plans for general completeness and compliance with this appendix and shall forward copies of the plans to the fire chief, street superintendent, water board, and police chief for their review and comment. The building official shall provide the applicant with a decision for approval or disapproval within two weeks of submittal. The reasons for disapproval, along with all review comments, shall be stated in writing to the applicant. A reproducible set of the final approved site plan shall be submitted by the applicant and retained on file by the building official. 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 with twelve (12) months of approval.

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 a 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 use 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 zoning ordinance, and another development policies and/or regulations of the City of Ozark; and whether and to what extent all steps possible have been taken by the developer to minimize any adverse effects of the proposed use on the immediate vicinity and on the public health, welfare and safety in general.

All conditional uses where listed in the Chart of Permitted Uses in article IV shall require the submission of an application to the planning commission. Such application shall be filed with the building official by the property owner or the authorized agent of the property owner at least thirty (30) days prior to the date on which the application is scheduled to be heard by the planning commission, and shall include a site plan in accordance with article XII, section 4 of this article. At least fifteen (15) days prior to the scheduled hearing before the planning commission the building official shall give written notice to all adjoining property owners. Such notice shall be deemed given when deposited in the United States Post Office as first class certified mail addressed to adjoining property owners. Such addresses shall be obtained by the applicant from the most recent records of the Dale County Tax Assessor and submitted as part of the application.

The planning commission shall review the proposed conditional use for compliance with this appendix and other applicable codes and ordinances, and for compatibility with the purposes of the zoning district within which it is proposed to be located. In particular the planning commission shall 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 affects 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.

The planning 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 appendix, in relation both to the items listed above and to any other factor it deems relevant. Such approval and conditions shall be granted 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 shall be deemed to be violations of this appendix.

Within thirty (30) days of the public hearing on the conditional use application, unless an extension of time is agreed to by the applicant, the planning commission shall render to the city council its recommendation either to approve the application for a conditional use, approve it with conditions, or deny it. The failure of the planning commission to act within this time period shall constitute a recommendation that the application be approved.

The planning commission shall 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 Code of Ala. 1975, § 11-52-11. The purpose of such review shall be to determine whether or not such projects are consistent with the goals and policies of the city's comprehensive plan. The planning commission's findings and recommendations shall be transmitted to the city council. Failure of the planning commission to act on an official submission within sixty (60) days from the date of such submission shall be deemed to be approval of the project.

A certificate of occupancy shall be secured by the owner or owner's agent prior to use or occupancy of any building or structure, whose construction or substantial rehabilitation is undertaken following adoption of this appendix. Within three (3) days after the owner or owner's agent has notified the building official that a building or premises or part thereof is ready for occupancy or use, the building official shall make a final inspection thereof, and issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of this appendix, or, if such certificate is refused, state such refusal in writing with the cause. Appeals from the decision of the building official shall be heard by the board of adjustment. One copy of the signed statement by the owner or his or her 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 official.

Any permit under which no construction work has been done above the foundation wall or other foundation support within six (6) months from the date of issuance shall expire by limitation, but shall upon reapplication, be renewable, subject, however, to the provisions of any ordinances in force at the time of said application for renewal. In no event shall any permit be renewed more than one time.

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 appendix are hereby declared to be a nuisance per se. The building 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 building official has declared a structure to be in violation of any applicable provisions of this appendix, the owner or occupant shall, within seventy-two (72) hours from receipt of notification from the building official to vacate such premises, accomplish such vacation of said structure or premises until such structure or premises has been adapted to conform to the provisions of this appendix. The service of notification shall be as follows:

a.

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

b.

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

c.

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

Any person, firm, corporation, or other organization which violates any provisions of this appendix upon conviction, shall be guilty of a Class C misdemeanor and fined, not less than twenty-five ($25.00) nor more than five hundred dollars ($500.00) plus court costs. Each day such violation continues shall constitute a separate offense. A conviction and imposition of any fine shall not constitute an exemption from compliance with the provisions of this appendix.

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 appendix, the building official of the city may seek an injunction or writ of mandamus or take other appropriate action or proceedings to stay or prevent occupancy of such building, structure or land.

(Ord. No. 2006-6, 2-7-06)