13.01.01. The provisions of this ordinance are administered and enforced by the zoning official, who has the right to enter upon any premises at any reasonable time for the purpose of making inspections of land and structures as necessary to carry out the enforcement of city ordinances and adopted codes.

13.01.02. If any provisions of these ordinances or codes are being violated, the zoning official will notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The zoning official may order discontinuance of illegal use of land or structures; removal of illegal structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; and may take any other action authorized by city ordinances to bring the use into compliance with or to prevent violation of their provisions.

13.01.03. Appeals from decisions of the zoning official are heard by the board of adjustment in accordance with section 12.04, Administrative appeals.

13.02.01. A building permit is required for any and all construction and related activities within the city. It is unlawful to engage in any of the following prior to the issuance of a building permit:

A.

Commence earthwork;

B.

Commence construction of any building or other structure, including accessory structures or signs;

C.

Store building materials or erect temporary field offices; or

D.

Commence the moving, alteration or repair of any structure, excluding minor repairs which do not change the character or value of the structure.

13.02.02. Each permit application must be completed in full and submitted on the appropriate city forms. Building permit applications must be accompanied by the appropriate fee, a site development plan or plat drawn to scale, and showing the following in sufficient detail to enable the building official to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformity with this ordinance. In addition, the permit application must include the following:

A.

Certificate of approval of sanitary waste disposal facilities issued by the appropriate administrative agencies;

B.

Any permits, certificates, or approvals which may be required by federal, state, county, or local law or regulation (such as highway access permits, NPDES permits, etc.);

C.

The location, size, and dimensions of the site;

D.

The use, location, size, and height of all existing and proposed structures on the site;

E.

The location and number of parking spaces;

F.

All easements and rights-of-way;

G.

The setback and side lines of buildings on abutting property, and other information concerning the lot or adjacent property as may be required to determine conformance with the provisions of this ordinance;

H.

The location and dimensions of all exterior signage;

I.

The location, dimensions, area, and character of all required open spaces;

J.

Landscape plan showing the location and design of any required buffers, screening and landscaping; and

K.

Any other information deemed necessary by the zoning official.

13.02.03. Action on building permit applications.

A.

If the proposed excavation, construction, moving or alteration as set forth in the application is in conformity with the provisions of this ordinance, the building official will issue a building permit accordingly.

B.

The building official provides the applicant with a decision for approval or disapproval within two weeks of submittal. The reasons for disapproval must be stated in writing to the applicant.

C.

After construction of the footings and foundation, a post foundation survey must be prepared, stamped, signed, and dated by a registered professional land surveyor and submitted to the building official. The foundation survey must conform to the minimum building setbacks required in this ordinance. Framing of the structure may not commence until the foundation survey has been approved by the building official.

13.02.04. Expiration. Any permit under which no construction work has commenced above the foundation wall or other foundation support within six months from the date of issuance expires by limitation, but may be renewed through re-application, subject, however, to the provisions of all ordinances in force at the time of said renewal. Permits may not be renewed more than one time.

13.03.01. Within three days after the owner or their agent has notified the building official that a building or premises or part thereof is ready for occupancy or use, the building official conducts final inspections and issue a certificate of occupancy if the building or premises or part thereof conforms with all applicable city ordinances and codes.

13.03.02. The reasons for disapproval must be stated in writing to the owner or their agent.

13.03.03. One 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, are maintained in the records of the building official.

Before any action may be taken as provided in this ordinance, the applicant must deposit with the city the required fee, as established by the council. Under no condition will said sum or any part thereof be refunded if the request is denied.

Any uses of land or dwellings, 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 may petition the applicable court to abate the nuisance created by such unlawful use or structure. Whenever the zoning official has declared a structure to be not conforming with this ordinance, the owner or occupant must, within 72 hours from the issuance of a notice from the zoning official to vacate such premises, accomplish such vacation of such structure or premises, which may not again be used or occupied until such structure or premises has been made to conform to the provisions of this ordinance.

13.06.01. Any application for approval of any use specified in this ordinance as requiring site plan review must be accompanied by a site plan. The site plan must show the entire development site and all component phases and must graphically express the overall development concept for the site at completion. A written report, illustrated as appropriate, must accompany the site plan. Refer to appendix A-1 for submittal requirements.

A.

The plan must be drawn to scale by an engineer or architect registered in the State of Alabama.

B.

Site plan approval expires 12 months after approval unless significant progress has been made toward implementation of the development. The zoning official may grant no more than one extension of 12 months and only upon written request of the applicant.

C.

Once approved, the site plan is binding on the development of the site, and each phase must be substantially consistent with the plan. If the zoning official finds that any phase substantially deviates from the approved plan, a new site plan must be submitted for review and approval. Any of the following constitute a substantial deviation:

1.

An increase or reduction in the land area of the project site;

2.

A change in the total number or in the type of dwelling units approved;

3.

Provision of less than the approved percentage of resource protection, recreation or open space land; and

4.

Any significant addition, removal, or rearrangement of land uses or streets.

13.06.02. The zoning official reviews site plans for general completeness and compliance with this ordinance and forwards copies of the plans to other appropriate departments for review and comment. The zoning official provides the applicant with a decision for approval or disapproval within ten business days of submittal. The reasons for disapproval, along with all review comments, must be stated in writing to the applicant. 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.

13.07.01. Conditional uses, identified as such in articles IV, V and VI, must be reviewed by the planning commission and council and approved by the council.

13.07.02. All conditional uses require the submission of an application, which must be filed with the zoning official by the property owner or their authorized agent at least 30 days prior to the next commission hearing and must include a site plan (see appendix A-1 for submittal requirements). At least 15 days prior to the commission hearing, the zoning official must give written notice to all abutting property owners. Such notice is deemed given when deposited in the United States mail, first class postage prepaid, addressed to such property owners at their addresses submitted with the application. Such addresses must be obtained by the applicant from the most recent records of the county tax assessor and submitted as part of the application.

13.07.03. The commission and council review conditional use applications for compliance with all applicable codes and ordinances and for compatibility with the comprehensive plan, intent of the zoning ordinance and purposes of the applicable district. In particular, the commission and council evaluate whether and to what extent provisions have been made concerning the following:

A.

Access to and from the property and the proposed structure and 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; and

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.

13.07.04. Within 60 days of the hearing on the application, unless an extension of time is agreed to by the applicant, the commission must submit its recommendation to the council, either to approve, approve with conditions, or deny the conditional use request. Failure of the commission to act within this time period is considered a recommendation for approval.

13.07.05. Upon receipt of the commission's recommendation, the council will hold a public hearing on the request. The council may impose such conditions for approval as it deems necessary to protect the public interest and further the purposes of this ordinance. Such approval and conditions are 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 are considered violations of this ordinance and are subject to applicable fines and penalties.

13.08.01. Whenever the public necessity, convenience, general welfare, or good zoning practice warrants such action, the city council, by the favorable vote of three of the members, may amend, supplement, modify, or repeal the regulations of zoning district boundaries herein established.

13.08.02. A proposed change of the district boundaries or of the regulations may be initiated by the city council, the planning commission, or by petition of one or more owners or authorized agents of such owners of property within the area proposed to be changed.

13.08.03. Action on proposed amendments.

A.

Any proposed amendment must first be submitted to the commission for its recommendation to the council.

1.

The applicant must file an application for a hearing in the office of the city clerk. All applications must be made on the form furnished for that purpose; and all required information must be provided and fees paid before the application is considered filed. Applications must be filed at least 15 business days prior to the date of commission hearing at which it is to be heard.

2.

Under no condition may an application fee or any part thereof be refunded for failure of a proposed amendment to be approved.

3.

All map amendment applications will be compared to all parts of the comprehensive plan, as amended, and any other plan, study, or program of improvement in effect or having official status or endorsement.

4.

The final decision of the commission is shown in the record of the case as entered in the minutes of the commission. Such record must show the reasons for the determination.

5.

The concurring vote of a majority of the members present is necessary to recommend in favor of the application or to decide in favor of any matter before the commission.

B.

After the council has received the recommendation of the commission, or if no recommendation is received from the commission within 60 days of the date of application, the council may proceed to hold a public hearing in relation thereto, giving notice as required by law.

C.

The proposed change is considered to have been denied if the council takes no final action upon the same within 150 days after the filing of the application, or within 90 days after receipt of the recommendation by the commission, provided that this sentence may not be construed to divest the council of jurisdiction to take final action on such proposed change at any time prior to any litigation instituted thereon against the city by the applicant.

13.08.04. Limit on initiation of amendment requests. No action may be initiated for a zoning amendment affecting the same parcel of land more often than once every 12 months except by unanimous resolution of the council.

13.09.01. In case any structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any structure or land is used in violation of this ordinance, the zoning official 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 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. The availability of said remedies will not limit any other legal remedies available to the party.

13.09.02. Penalties.

A.

Any person, firm or corporation, or other organization which violates any of the provisions of this ordinance will, upon conviction, be fined in accordance with the provisions of section 1-8 of this Code (General penalty; violations of Code, ordinance, or state law); provided however, that in the event any such person, firm or corporation desires to waive a trial and enter a plea of guilty before the magistrate, the magistrate is hereby authorized to accept such plea and impose a fine as follows:

1.

First offense: $50.00.

2.

Second offense: $100.00.

3.

Third offense: Mandatory court appearance.

B.

Each day any such violation continues constitutes a separate offense.