The provisions of this chapter shall be administered and enforced by the building inspector of the city. 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 to carry out his duties in the enforcement of this chapter.

(Ord. No. 296, art. XVIII, § 1, 9-15-1987)

It shall be 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, alteration or repair (except repairs, not changing the character of the structure and not exceeding $25.00 in value, or painting or wallpapering) of any structure, including accessory structures, until the building inspector of the city 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 chapter. Application for a building permit shall be made to the building inspector of the city on forms provided for that purpose.

(Ord. No. 296, art. XVIII, § 2, 9-15-1987)

(a)

It shall be unlawful for the building inspector of the city to approve any plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. To this end, the building inspector of the city shall require that every application for a building permit for the use of land, excavation, construction, moving or alteration be accompanied by a site development plan or plat drawn to scale, dimensioned and showing the following in sufficient detail to enable the building inspector of the city to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this chapter:

(1)

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

(2)

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 existing grade.

(3)

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

(4)

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 whether the provisions of this chapter are being observed.

(b)

If the proposed excavation, construction, moving or alteration as set forth in the application are in conformity with the provisions of this chapter, the building inspector of the city shall issue a building permit accordingly. If an application for a building permit is not approved, the building inspector of the city shall state in writing on the application the cause for such disapproval. Issuance of a building permit shall in no case be constructed as waiving any provision of this chapter.

(Ord. No. 296, art. XVIII, § 3, 9-15-1987)

(a)

No land or building or other structure or part of a structure hereafter erected, moved or altered in its use shall be used until the building inspector of the city shall have issued a certificate of occupancy stating that such land or structure or part of a structure is found to be in conformity with the provisions of this chapter.

(b)

Within three days after the owner or his agent has notified the building inspector of the city that a building or premises or part of a structure is ready for occupancy or use, it shall be the duty of the building inspector of the city to make a final inspection and to issue a certificate of occupancy if the building or premises or part of a structure is found to conform with the provisions of this chapter or, if such certificate is refused, to state the refusal in writing with the cause.

(Ord. No. 296, art. XVIII, § 4, 9-15-1987)

Any permit under which no construction work has been done above the foundation walls or other foundation support within 90 days from the date of issuance shall expire by limitation, but shall, upon reapplication, be renewable, subject, however, to the provisions of all ordinances in force at the time of such renewal. Construction of the building shall be completed within one year from the date of issuance of the building permit.

(Ord. No. 296, art. XVIII, § 5, 9-15-1987)

Any uses of land or dwellings or construction or alteration of buildings or structures including tents or recreational vehicles used, erected, altered, razed or converted in violation of any of the provisions of this chapter are hereby declared to be a nuisance per se. The building inspector is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use of structure. Whenever the building inspector has declared a structure to be not conforming with the requirements contained in this chapter, the owner or occupant may be required to vacate such structure or premises which shall not again be used or occupied until such structure or premises have been adapted to conform with the provisions of this chapter.

(Ord. No. 296, art. XVIII, § 6, 9-15-1987)

Any person, firm, corporation or other organization which violates any provision of this chapter shall be fined, upon conviction, not less than $2.00 nor more than $100.00 and costs of court for each offense. Each day such violation continues shall constitute a separate offense. The conviction of a violation and imposition of any fine shall not constitute an exemption from compliance with the provisions of this chapter, the building inspector 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 violations or to prevent occupancy of such building, structure or land.

(Ord. No. 296, art. XVIII, § 7, 9-15-1987)

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 chapter, the building inspector 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, 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 violations or to prevent occupancy of such building, structure or land.

(Ord. No. 296, art. XVIII, § 8, 9-15-1987)

(a)

Minimum requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals and the general welfare. Where this chapter imposes greater restrictions upon the use of a building or land or upon the height, bulk or size of a building or structure or requires larger open spaces, yard area or lot area than are imposed or required by other ordinances, rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern. Where any other ordinances, rules, regulations or permits or any easements, covenants or agreements impose greater restrictions upon the use of a building or upon the height, bulk or size of a building or structure or require larger open space, yard area or lot area than are required under the regulations of this chapter, such provisions shall govern.

(b)

City not subject to chapter provisions. Any provision of this chapter to the contrary notwithstanding, the city, in exercising any governmental function, power or authority, shall not be subject to the provisions of this chapter or in anywise limited thereby in the exercise of such governmental function, power or authority.

(Ord. No. 296, art. XIX, 9-15-1987)

Whenever the public necessity, convenience, general welfare or good zoning practices warrants such action, the city council, by the favorable vote of a majority of the members, may amend, supplement, modify or repeal the regulations or zoning district boundaries established in this chapter.

(Ord. No. 296, art. XX, § 1, 9-15-1987)

A proposed change of the zone 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. Any proposed amendment, supplement, modification or repeal shall first be submitted to the city planning commission for its recommendation to the city council. The following sections outline the procedures to be followed when changes, amendments, supplements, modifications or repeals are proposed to the zone district boundaries or zoning regulations when they are proposed by individuals, the planning commission and the city council, as well as public hearing procedures.

(Ord. No. 296, art. XX, § 2, 9-15-1987)

When a rezoning request is made by a petition of the property owner the following procedure shall be followed:

(1)

Application procedure.

a.

The application for rezoning shall be made on a form available from the building inspector. This application shall be submitted to the building inspector at least 22 days prior to the planning commission's regularly scheduled meeting. A fee as set by the council is due at the time of submission.

b.

The application shall contain the following information.

1.

Name and address of the applicant.

2.

Address and legal description of the property under consideration.

3.

Present zoning of the property under consideration.

4.

Requested zoning.

5.

Reason for the rezoning request.

6.

Availability of required utilities.

7.

A map, drawn to scale, indicating: the dimension and exact location of the site in relation to the vicinity in which it is located; location of all public rights-of-way; location and dimension of all existing and proposed buildings and structures on the site and adjacent sites and the nature and location of all existing and proposed facilities for the disposal of stormwater drainage.

(2)

Public hearing by planning commission.

a.

At least 15 days prior to the planning commission meeting at which the rezoning request is initially considered, the building inspector shall give written notice to all owners of property located in part within 500 feet of the boundaries of the subject property as shown by the records of the office of the county tax assessor on a date not more than one year prior to the date of such notice. The notice shall state:

1.

The location of rezoning request (by mailing address and legal description).

2.

The nature of the rezoning request (indicating the current zoning of the site and the proposed rezoning classification).

3.

The time, date and location of the planning commission meeting at which the rezoning request is to be reviewed.

4.

That a protest may be filed with respect to the application.

b.

Such notice shall be deemed given when deposited in the United States mail, first class postage prepaid, addressed to such property owners at their addresses as shown on the records of the office of the tax assessor. Any error in the address of any such notice shall not invalidate the giving of notice provided that no more than five percent of the total number of notices given contain any such error.

c.

Any property owners to whom the above-stated notice is given may protest the application before the planning commission in person or by filing with the building inspector a written protest signed by such property owner.

d.

The planning commission shall hold a public hearing at the first regularly scheduled meeting after compliance with notice provisions as set forth in this section. The planning commission shall render a decision on the application before or at the next regularly scheduled meeting unless additional information is required. If additional information is required, the planning commission shall have 30 days from the date of submittal of this additional information to the city, in which to make a recommendation on the request to the city council.

(3)

Public hearing by city council.

a.

Upon receipt of the recommendation of the planning commission in favor of a proposed zoning amendment, the city council shall give a first reading of the proposed amendment at the next regularly scheduled city council meeting and set the amendment for a public hearing.

b.

The city shall publish the proposed zoning request once a week for two consecutive weeks in advance of its passage in a newspaper of general circulation published within the city. Such advertisement shall contain the information set forth in this section. If there is no newspaper published within the city, then the governing body must cause the ordinance and notice to be posted in four conspicuous places within the municipality.

c.

At the time and place scheduled for the public hearing of the proposed amendment, the city council shall hear the presentation of the applicant, review the recommendation of the planning commission, and hear any arguments in opposition and support by the general public of the proposal.

d.

Upon receipt of a negative recommendation from the planning commission on a proposed zoning amendment, the city council shall follow the review procedures as set forth in subsections (3)a, (3)b and (3)c of this section.

(4)

Limit on rezoning requests. When the city council denies a rezoning request, the planning commission shall not reconsider the same request for a period of one year. Each time the city considers the zoning request, the administrative fee set by the council must be paid, and under no condition shall such sum or any part thereof be refunded for failure of such proposed amendment or change to be enacted into law.

(Ord. No. 296, art. XX, § 3, 9-15-1987)

(a)

The planning commission and/or the city council, may, upon its own initiative, hold public meetings for the consideration of any proposed amendment to the provisions of this chapter or to the zoning district boundaries after notice of such meeting in accordance with the provisions of section 98-73(2). The planning commission shall report its recommendations to the city council.

(b)

The city council shall adhere to the procedure for adoption of zoning ordinance amendments set forth in section 98-73.

(Ord. No. 296, art. XX, § 4, 9-15-1987)

The zoning board of adjustment is hereby established. The word "board" when used in this chapter, shall be construed to mean the zoning board of adjustment. The appointment, procedure, powers and actions of the board of adjustment shall be governed and controlled by Code of Ala. 1975, § 11-52-80.

(Ord. No. 296, art. XXII, § 1, 9-15-1987)

(a)

Meetings of the board shall be held at such times as the board may determine or upon call of the chairman. Such chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(b)

The board shall adopt and publish its own rules of procedure and keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 296, art. XXII, § 2, 9-15-1987)

(a)

An appeal from the decision of the building inspector may be taken to the board by any person aggrieved or by any officer, department, board or agency of the city affected by such decision.

(b)

Such appeal shall be taken within a reasonable time as provided by the rules of the board, by filing with the building inspector and with the board a notice of appeal specifying the grounds of such appeal.

(c)

The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board, after the notice of appeal shall have been filed with him, that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application or notice to the building inspector and on due cause shown.

The board shall fix a reasonable time for the hearing of an appeal taken within the time specified by its rules, give public notice thereof, as well as due notice to all adjacent property owners, and decide the appeal within a reasonable time. Upon the hearing of such appeal, any party may appear in person or by agent or attorney.

(Ord. No. 296, art. XXII, § 4, 9-15-1987)

(a)

The board, in appropriate cases and subject to appropriate conditions and safeguards, shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of application of this chapter.

(2)

To authorize upon appeal in specific cases a variance on special exception pursuant to Code of Ala. 1975, § 11-52-4 from the terms of this chapter such as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship but where the spirit of the chapter shall be observed and substantial justice done. Such special conditions shall be limited to exceptional narrowness, shallowness or shape of a specific piece of property existing at the time of the enactment of this chapter or exceptional topographic conditions or other extraordinary and practical difficulties. However, the granting of the variance shall not allow a structure or use in a district restricted against such structure or uses, except as specifically provided for in this division. No variance shall be authorized unless the board finds all of the following conditions exist:

a.

The special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

b.

The granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

c.

The condition from which relief or a variance is sought did not result from action by the applicant.

d.

The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire, or imperil the public safety, or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.

(3)

The board may modify the strict application of the provisions of this chapter and cause a permit to be issued upon such reasonable conditions as it may be prescribed in the following cases:

a.

The extension of a district for a distance of not more than 50 feet where the boundary line of a district divides a lot or tract held in single ownership at the time of the passage of this chapter.

b.

The determination of the proper district applicable to particular land in cases of ambiguity or doubt arising from a difference between the street layout actually on the ground and the street layout as shown on the zone map.

c.

The reconstruction of a building, the use of which is nonconforming, which has been destroyed, or partially destroyed, by explosion, fire, act of God or the public enemy.

d.

The erection, extension and use of a structure, or the use of premises not otherwise authorized or permitted by this chapter in any location for a public service corporation for public utility purposes which is deemed reasonably necessary for the public convenience or welfare.

e.

Reduction in the parking and loading requirements of this chapter whenever the character or use of a building or premises is such as to make unnecessary the full provision of parking or loading facilities or where such regulations would impose an unreasonable hardship, such as extreme financial difficulty, structural difficulty or similar condition, upon the use of the property.

(4)

When any modification authorized in this section will not tend to impair the health, safety, convenience or comfort of the public, including that portion of the public occupying the property immediately continuous to the parcel of land which the modification concerns, to be determined by the board upon the adduction of competent evidence, including a view of the premises and its surroundings at the discretion of the board, the board may modify the strict application of the provisions of this chapter and cause a permit to be issued upon such reasonable conditions as it may prescribe for the location, construction, extension, structural alteration and operation of any of the following uses, in any district from which these uses are prohibited or limited by this chapter.

a.

Airport or landing field.

b.

Cemetery or mausoleum including a mortuary or funeral home when located within the boundaries of an established cemetery.

c.

Hospital or institution; provided, that any hospital or institution authorized in any R district shall be located on a site of not less than five acres and shall be set back from all required yard lines at least two feet of each foot of building height.

d.

Commercial, recreational or amusement development for temporary or seasonal periods.

e.

Drive-in theater.

f.

Practice golf driving range, par three golf course or miniature golf course.

g.

Trailer camp; provided, however, that such trailer camp shall comply with the provisions of applicable code or ordinances of the city.

h.

Private club.

i.

Radio or television broadcasting towers, station, studio or office.

j.

Extraction of natural resources.

k.

Sanitary landfill operation.

l.

Public building owned or operated by governmental agency.

m.

Privately operated community building, recreation field or amphitheater.

n.

Off-street parking area; provided, however, that the parking area adjoins a commercial or industrial district.

o.

Community, common, joint or private fallout shelters.

(b)

In exercising the powers mentioned in subsection (a) of this section, the board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all powers of the building inspector. The concurring vote of four members of the board shall be necessary to reverse or modify any order, requirement, decision or determination of the building inspector or to decide in favor of the appellant or applicant on any matter upon which it is required to pass, or to effect any variation from the strict application of the provisions of this chapter.

(c)

To defray a portion of the costs occasioned thereby, no appeal from the decision of the building inspector and no application for an exception, variance or other matter, shall be entered on the docket of, or heard by, or ruled on by the board until there has been paid to the offices of the board by the appellant or applicant a fee as set by the council, which fee shall be remitted to the city clerk. If, on appeal from the decision of the building inspector pertaining to an interpretation of the provisions of this chapter, the applicant is successful in reversing the decision of the building inspector, the fee shall be returned to the applicant. No fee shall be required for an interpretation of this chapter when there is a variance between the street layout on the ground and the street layout as shown on the district zoning map.

(d)

Neither the city, nor any officer, agent or employee of the city acting in his official capacity nor any agency of the city shall be required to pay a fee under this division.

(Ord. No. 296, art. XXII, § 5, 9-15-1987)

Any party aggrieved by any final judgment or decision of the board, may, within 15 days thereafter, appeal therefrom to the circuit court or court of like jurisdiction by filing with the board a written notice of appeal, specifying the judgment or decision from which appeal is taken. In case of such appeal, the board shall cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken and the case shall in such court be tried de novo.

(Ord. No. 296, art. XXII, § 6, 9-15-1987)