The provisions of this ordinance shall be administered and enforced by the building official and/or zoning official of the City of Pelham. The building official and/or zoning official shall in relation to this ordinance:

1.

Review all building permit applications and proposed plans and perform inspections for compliance with all applicable provisions of city ordinances and adopted codes.

2.

Issue all building permits and maintain records thereof.

3.

Issue all certificates of occupancy and maintain records thereof.

4.

Issue and renew where applicable all temporary use permits and maintain records thereof.

5.

Have the right to enter upon any premises at any reasonable time for the purpose of making inspections of land or structures necessary to carry out the enforcement of city ordinances and adopted codes. If the building official shall find that any of the provisions of these ordinances or codes 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 structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; and shall take any other action authorized by city ordinances to bring the use into compliance with or to prevent violation of their provisions.

(Ord. No. 135-182, 7-16-07)

A building permit is required for any and all construction and related activities within the City of Pelham, Alabama. It shall be unlawful to engage in any of the following prior to the issuance of a building permit by the building department:

1.

Commence earthwork.

2.

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

3.

Store building materials or erect temporary field offices.

4.

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

(Ord. No. 135-182, 7-16-07)

Each permit application shall be completed in full and submitted on the appropriate City of Pelham forms. The application for a building permit for the use of land, excavation, construction, moving or alteration shall 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 of the city to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformity with the ordinance. In addition the permit application must include the following; upon receipt of all documentation and information specified below, the building official shall have a reasonable time for review and approval of said application:

1.

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

2.

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.)

3.

The location, size, and dimensions of the site.

4.

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

5.

The location and number of parking spaces.

6.

All easements and rights-of-way.

7.

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

8.

The location and dimensions of all exterior signage in compliance with this ordinance.

9.

The location, dimensions, area, and character of all required buffers and greenbelts.

10.

Landscape plan and irrigation plan, if applicable, in compliance with this ordinance.

11.

Any other information deemed necessary by the building official.

(Ord. No. 135-182, 7-16-07)

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 of the city shall issue a building permit accordingly. After construction of the footings and foundation, a post foundation survey shall be prepared, stamped, signed, and dated by a registered professional land surveyor, conforming to the minimum building setbacks required in the zoning ordinance. Framing of the structure shall not commence until a foundation survey has been submitted to the building official and approved.

(Ord. No. 135-182, 7-16-07)

The applicant, upon notification in writing by the building official of a building permit denial, may request a hearing before the board of adjustment.

(Ord. No. 135-182, 7-16-07)

Within three days after the owner or his agent has notified the building department 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 official and the fire marshal to conduct final inspections, and issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of city ordinances and adopted codes. If such certificate is refused, the official shall provide the owner or his agent with written reasons for said refusal. 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, shall be maintained in the office of the building official. Appeals from the building official shall be heard by the board of adjustment.

(Ord. No. 135-182, 7-16-07)

Where uncertainty exists as to the boundaries of any district shown on the zoning map the following rules shall apply:

1.

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

2.

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.

3.

Where boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or to the centerlines or alley lines of alleys, or to the centerlines or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the said maps.

4.

In case any further uncertainty exists, the Pelham City Council shall determine the location of boundaries.

(Ord. No. 135-182, 7-16-07)

This ordinance recognizes the limitations of the district use listings, given the infinite variations of essentially similar uses. Therefore, the building official or zoning official is empowered to make interpretations so as to classify any questioned use within a listed use of most similar impact and characteristics. Appeal of the building official's or zoning official's use interpretation may be filed with the board of adjustment.

(Ord. No. 135-182, 7-16-07)

In the event the building official or zoning official 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 may be permitted by special exception upon approval and subject to the conditions set by the board of adjustment.

2.

If the unclassified use would not be compatible with the existing zoning district intent, the building official or zoning official shall determine the most appropriate district classification and require the property in question to be rezoned. In addition, the unclassified use may be permitted in the new district by special exception if granted approval by the board of adjustment.

3.

Following the final action on the unclassified use, the planning commission shall initiate an amendment to this ordinance to list the newly permitted use into the most appropriate district or districts.

(Ord. No. 135-182, 7-16-07)

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

(Ord. No. 135-182, 7-16-07)

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

(Ord. No. 135-182, 7-16-07)

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 official 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 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.

(Ord. No. 135-182, 7-16-07)