12.01.01.

Petition for Change. A proposed change of district boundaries or regulations of this Ordinance may be initiated by the City Council, the Planning Commission or by petition of property owners or their authorized agent in accordance with the procedure established by §11-52-78 of the State Code of Alabama, 1975, as amended.

12.01.02.

Action On Petition. Any proposed amendment, modification or repeal must first be submitted to the Commission for its recommendation to the Council. The Commission must submit its recommendations to the Council within 60 days. If the Commission fails to submit a report within the 60-day period, it is deemed to have approved the proposed amendment and the Council will hold a public hearing pursuant to §11-52 of the Code of Alabama, 1975, as amended. Any party wishing to speak for or against an amendment may appear and speak at the public hearing.

12.01.03.

Limit On Initiation of Amendment Applications. No action may be initiated for an amendment to this Ordinance affecting the same parcel of land more than once a year, unless specifically authorized by the Council on the grounds that the circumstances relevant to the amendment request have changed significantly since the prior hearing.

The provisions of this Ordinance are administered and enforced by the Building Official. This official has 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 Ordinance.

It is unlawful to commence excavation for the construction of any structure, including accessory structures, signs, fences and 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 or accessory structure permit, as applicable. Application for building permits must be made to the Building Official on forms provided for that purpose and supplemented with appropriate plans and specifications to demonstrate proposed compliance with the Ordinance.

A schedule of application fees for consideration of all approvals, permits, certificates, and public hearings required under this Ordinance is established by separate ordinance. Such fees are computed so as to recover all costs incurred by the City in reviewing and processing zoning-related requests, including advertising fees, and are adopted and revised as necessary by the Council.

12.05.01.

The Building Official may not approve any plans or issue any building permit for excavation or construction until they have inspected such plans in detail and found them in conformity with this Ordinance.

12.05.02.

Site Plans. Every building permit application must be accompanied by a site plan drawn to scale, dimensioned, and showing in detail sufficient information to enable the Building Official to evaluate conformance with this Ordinance. Refer to Appendix A-2 for submittal requirements.

12.05.03.

Development Plans.

a.

Any application for approval of a multifamily development requires the submission and approval of a Development Plan. This Development 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 Development Plan. Refer to Appendix A-3 for submittal requirements.

b.

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

c.

Development Plan approval expires 12 months after approval unless significant progress has been made toward implementation of the development. A development plan may be granted a maximum of one extension of 12 months upon written request of the developer.

d.

Once approved, the Development Plan is binding on the development of the site, and each phase must be substantially consistent with the Plan. If the Building Official finds that any phase substantially deviates from the approved Plan, a new Development 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.

4.

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

12.05.04.

The Building Official reviews site and development plans for general completeness and compliance with this Ordinance and forwards copies of the plans to the Engineering, Utilities and other appropriate departments for review and comment. The Building Official provides the applicant with a decision for approval or disapproval within two weeks 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 Building Official. All subsequent building permits and subdivision plats submitted by the applicant must be in substantial accord with the final site plan. An approved site plan becomes null and void if significant development does not commence with 12 months of approval.

12.06.01.

Conditional uses, identified as such in Articles 4, 5 and 6, must be reviewed by the Planning Commission and Council and approved by the Council.

12.06.02.

All conditional uses require the submission of an application, which must be filed with the Building 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 §12.05 Plans and Appendix 2). At least 15 days prior to the Commission hearing, the Building Official must give written notice to all adjacent property owners. Such notice is deemed given when deposited in the United States mail, first class postage pre-paid, 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.

12.06.03.

The Commission and Council review proposed conditional uses for compliance with this Ordinance and other applicable codes and ordinances, and for compatibility with the purposes of the applicable district. Conditional uses are reviewed to determine whether, and to what extent the use at the proposed location is consistent with the Comprehensive Plan, the intent of this Zoning Ordinance, and any other development policies and regulations of the City, 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. 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/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.

12.06.04.

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.

12.06.05.

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.

The Commission reviews the character, location and extent of any public street, square, park or other public way, ground, open space or structure, or any major utility project in accordance with §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 Planning Commission to act on an official submission within 60 days from the date of such submission is considered approval.

The owner or their authorized agent, prior to use or occupancy of any structure, whose construction or substantial rehabilitation is undertaken following adoption of this Ordinance, must secure a Certificate of Occupancy. Within three days after the owner or their agent has notified the Building Official that a building, premises or part thereof is ready for occupancy or use, the Building Official makes a final inspection and issues a Certificate of Occupancy if the building, premises or part thereof is found to conform with the provisions of this Ordinance, or, if such certificate is refused, state such refusal in writing with the cause. The BOZA hears appeals from the decision of the Building Official in accordance with §11.04 Administrative Appeals. One copy of the signed statement by the owner or their agent regarding the intended use of the premises, and a signed refusal (if any) is kept on file with Building Official records.

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 expires by limitation, but may be renewed by reapplication, subject, however, to the provisions of any ordinances in force at the time of the re application. Permits may not be renewed more than one time.

Any uses of land or dwellings or construction or alteration of structures erected, altered, razed or converted in violation of any of this Ordinance are declared to be a nuisance per se. The Building Official is authorized to apply to a court of competent jurisdiction to abate the nuisance created by such unlawful use of such land or structure. Whenever the Building 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 Building Official to vacate such premises, accomplish such vacation until the structure or premises has been adapted to conform to the provisions of this Ordinance. Such notification must be:

a.

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; or

b.

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

c.

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

12.11.01.

Any person, firm, corporation, or other organization which violates any provisions of this Ordinance will be fined, upon conviction, not less than $25.00 nor more than $500.00 plus court costs for each offense.

12.11.02.

Each day such violation continues constitutes a separate offense. The conviction of a violation and imposition of any fine does not exempt the premises from compliance with this Ordinance.

12.11.03.

If any structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any structure or land is used in violation of this Ordinance, the Building Official may seek an injunction or writ of mandamus or take other appropriate action or proceedings to stay or prevent occupancy of such structure or land.