(a)

The city council shall appoint a zoning administrator to administer and enforce the provisions of this chapter. Also, the mayor may appoint such deputy zoning administrators as he/she deems necessary to assist in the administration and enforcement of this chapter.

(b)

These officials shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections necessary to carry out their prescribed duties in the enforcement of this chapter.

(Zoning Ord. 2019, § 300, 6-24-2019)

(a)

No building permit, certificate of occupancy, business license, or any other permit or license shall be issued by any city department, official, or employee except in full compliance with this chapter.

(b)

Any permit or license issued by any city department, official, or employee, where issued in conflict with or in violation of any terms of this chapter or other applicable codes or this Code, shall be declared null and void.

(Zoning Ord. 2019, § 310, 6-24-2019)

(a)

No land or building or other structure or part thereof hereafter erected, moved, or altered in its use shall be used or occupied until the zoning administrator authorizes the issuance of a certificate of occupancy stating that such land or structure or part thereof 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 zoning administrator that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the zoning administrator to order a final inspection thereof, and to issue a certificate of occupancy if the building or premises or part thereof 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.

(Zoning Ord. 2019, § 311, 6-24-2019)

(a)

It is unlawful to obtain a building permit or to commence the excavation 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 $100.00 in value, or painting or wallpapering) of any structure, including accessory structures, until the zoning administrator has determined that the plans, specifications, and intended use of such structure in all respects conforms with the provisions of this chapter.

(b)

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

(c)

Before issuing a building permit, the zoning administrator shall order an inspection of the site and examine the proposed development plans for compliance with this chapter and shall be provided by the utilities board of the city a completed utilities checklist signed by an authorized employee of the utilities board of the city.

(d)

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 for a 12-month term, subject, however, to the provisions of city codes in force at the time of the renewal.

(Zoning Ord. 2019, § 312, 6-24-2019)

It shall be unlawful for the zoning administrator 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 zoning administrator shall require that every application for a building permit be accompanied by a plot plan drawn to scale, dimensioned, and showing the following in sufficient detail to enable the zoning administrator to ascertain whether the proposed development 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 conformance with the provisions of this chapter.

(5)

The location of flood plains, or a flood hazard certificate prepared by a professional engineer or land surveyor licensed to practice in the State of Alabama.

(6)

A storm water management plan, in accordance with article VI of this chapter.

(Zoning Ord. 2019, § 313, 6-24-2019; Ord. No. 593, § 4, 8-26-2024)

(a)

Application for site plan review. New construction and substantial site development expansion of all planned unit developments, patio or garden home developments, townhouse developments, five or more multi-family units, manufactured home parks, institutional uses, commercial uses, and industrial uses shall require the approval of a site plan prepared by a professional engineer licensed to practice in the State of Alabama. One reproducible set of plans and five copies of each set shall be submitted to the zoning administrator, with the minimum information described below:

(1)

Cover sheet with:

a.

Name and location of the development; name, address, and signature of the owner; name, address, and seal of the engineer.

b.

Vicinity map.

c.

Zoning and existing and proposed land use of the site.

d.

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

e.

Legends to be clear for clarity with symbols, item details on construction documents.

(2)

Site layout, including property dimensions, rights-of-way, easements, location and dimensions of all buildings (existing and proposed), setbacks, driveway access with the proposed size/dimensions of the driveway drainage pipe for each lot shown on the plat, off-street parking and loading, and circulation. Any building on adjacent lots shall be shown with location from property lines.

(3)

Stormwater management plan, in accordance with article VI of this chapter and including paving, grading and excavation, erosion and sedimentation, storm water detention, floodplain management controls.

(4)

Utilities plan, including sewage disposal system and water system (public and private).

(5)

Fire control plan, including fire lanes and hydrants.

(6)

Landscaping plan, including screening, buffer yards, and landscaping of parking areas, as required.

(7)

Site plans shall be on 24-inch by 36-inch sheets and drawn to a scale no smaller than one inch equals 30 feet, unless approved by the building department.

(b)

Action on site plan.

(1)

The zoning administrator shall forward copies of the plans to the city engineer, fire chief, police chief, and other appropriate officials and agencies for their review and written comments on the general completeness and compliance of the plans with this chapter. The zoning administrator shall provide the applicant with all written administrative comments within three days after staff review.

(2)

Upon satisfaction of the zoning administrator and city engineer that all administrative concerns are properly addressed by the applicant, the corrected plans shall be forwarded to the planning commission for final site plan approval. The planning commission shall thereafter decide by resolution to approve, modify, or reject the plan as submitted.

(3)

A reproducible set of the final approved site plan shall be submitted by the applicant and retained on file by the zoning administrator.

(4)

All subsequent building permits and subdivision plats submitted by the applicant shall be in substantial accord with the final site plan. Where subdivision plat approval is also required for a development, site plan review shall be conducted simultaneously.

(5)

An approved site plan shall become null and void if significant development does not commence within 12 months of planning commission approval.

(Zoning Ord. 2019, § 314, 6-24-2019; Ord. No. 593, § 6, 8-26-2024)

An application for a building permit or site plan approval for a development not served by public sewer shall not be submitted unless the applicant submits evidence of a preliminary finding by the county health department which confirms the suitability of soils and provides a valid permit for private septic facilities, as required by the latest edition of the Rules of Onsite Sewage Disposal and Subdivision Onsite Sewage Systems, July 20, 1988, produced by the state board of health.

(Zoning Ord. 2019, § 317, 6-24-2019)

(a)

Application for conditional use permit. All permitted conditional uses, where listed in each district, shall require the submission of an application to the planning commission. An application for a conditional use shall be filed with the zoning administrator at least 15 days before the scheduled hearing date before the planning commission. The application shall be filed by the property owner or the authorized agent of the owner and shall include the following information and materials:

(1)

Name, signature, and address of the property owner and agent of the property owner, if any.

(2)

Address of the property under consideration.

(3)

Zoning and land use of the property under consideration.

(4)

Proposed conditional use.

(5)

A plot plan, drawn to scale and dimensioned, showing the property boundaries and proposed development layout.

(6)

A $100.00 filing fee.

(b)

Planning commission action. The planning commission shall review the plot plan and use proposal for compliance with this chapter and other applicable codes and this Code. If deemed in compliance, the planning commission may still deny any proposal if it concludes, based upon the information submitted at the hearing, that the proposal will adversely affect the public interest and the intent of this chapter, as contained in the purposes and consideration of this chapter and the district intent where the proposal would be carried out. In particular, the planning commission shall determine that satisfactory provisions have been made concerning the following, among other considerations of this chapter:

(1)

Ingress and egress to the property and proposed structures or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

(2)

Off-street parking and loading areas, with particular attention to the items in subsection (b)(1) of this section.

(3)

Refuse and service areas, with reference to availability, location, and potentially adverse effects on surrounding properties.

(4)

Screening and buffering of potentially adverse views and activities from surrounding properties.

(5)

Control of noise, glare, odor, excess drainage, and other potentially disturbing effects to surrounding properties.

(6)

Utilities, with reference to location, availability, capacity, and potentially adverse effects to surrounding properties.

(7)

Signs and lighting, with reference to glare, traffic safety, and visual harmony with adjoining properties.

(8)

Building bulk, density, lot coverage, yards and open areas, with reference to the compatibility and harmony with the character of the surrounding area.

(c)

Imposition of conditions. The planning commission may impose such conditions for approval as it may deem necessary in the particular case to protect the public interest and the intent of this chapter, in relation to the items listed in subsection (b) of this section and as may otherwise be reasonably necessary. Such conditions shall apply to the land, structure, or use for which the conditional use was granted and not to a particular person. Violations of conditions lawfully attached to any conditional use shall be deemed violations of this chapter.

(d)

Appeal of planning commission action. Appeal of the planning commission's decision may be filed by any party affected by the decision. Such appeal shall be filed with the city council within 30 days of the planning commission decision. If the party wishes to appeal after the 30-day time period, a new application for a conditional use permit must first be submitted with the planning commission. Within 30 days following receipt of the appeal, the city council by majority vote shall decide to affirm, modify, or reverse the decision of the planning commission. A timely appeal shall suspend all actions on the conditional use permit.

(Zoning Ord. 2019, § 318, 6-24-2019)

Within the districts established by this chapter or by subsequent amendments to this chapter, lawful uses, lots, buildings, and characteristics of uses existed in conformity to all applicable zoning provisions before this chapter was adopted or subsequently amended. However, as a result of adoption of or subsequent amendment to this chapter, such lawful activities no longer conform to all applicable zoning provisions. These activities shall be deemed lawful nonconformities which are permitted to remain under the provisions of this division. It is the intent of this division that the continuation of lawful nonconformities should not be indefinite and that all nonconformities with this chapter should gradually be removed.

(Zoning Ord. 2019, § 330, 6-24-2019)

(a)

Nonconforming building. An otherwise legal building that does not conform with the yard, height, or other dimensional requirements for the district in which it is located or that is designed or intended for a nonconforming use.

(b)

Nonconforming characteristics of use. An otherwise legal characteristic of use, lot, or structure which does not conform with the off-street parking and loading standards, screening and buffer yard standards, sign standards, or any supplemental standards for the district in which it is located, or which is designed or intended for a nonconforming use.

(c)

Nonconforming lot. An otherwise legally platted lot that does not conform with the dimensional requirements for the district in which it is located.

(d)

Nonconforming use. The otherwise legal use of a building, structure, or lot that does not conform with the permitted uses for the district in which it is located.

(Zoning Ord. 2019, § 331, 6-24-2019)

Nonconformities may be continued as provided by this section:

(1)

If any changes in ownership or tenancy occurs, any nonconformity may be continued by the new owner or tenant under the provisions of this division.

(2)

A nonconformity may continue if it does not cease for any reason for a period exceeding 30 days.

(3)

Plans for nonconforming construction, site development, site alteration, use or occupancy for which a valid building permit, certificate of occupancy, site plan, special exception, preliminary subdivision plat, or other city license was approved prior to the effective date of this chapter, or subsequent amendment, may proceed. However, all construction, site development, or site alteration must be completed within one year, and use or occupancy must be established within 30 days after the effective completion date.

(4)

A lot that was legally platted prior to the effective date of the ordinance from which this section is derived that does not meet the lot area, width, or dimensional requirements for the district in which it is located may be developed or used in conformity with all other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

(5)

Any use in existence prior to the effective date of this ordinance, or subsequent amendment, that results in a nonconforming characteristic of use may continue in nonconformity with the off-street parking and loading, screening and buffer yard, sign, or supplemental standards so long as the kind or extent of such use does not increase the chapter requirements for such characteristics of use.

(6)

A nonconforming use may occupy any part of a structure or lot that was arranged or designed for such use unless occupancy of that part of the structure or lot has been discontinued for a period exceeding 30 days.

(7)

Upon the immediate removal of a nonconforming manufactured home from the property, the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this chapter for the district in which such parcel or lot is located. The nonconforming manufactured home cannot be replaced by another nonconforming manufactured home.

(Zoning Ord. 2019, § 332, 6-24-2019; Ord. No. 594, § 2, 8-26-2024)

(a)

On any structure, devoted entirely or partly to a nonconforming use, work may be done on ordinary maintenance or repair and replacement of walls, fixtures, wiring, or plumbing, provided the cubic content of the structure, as it existed at the effective date of the ordinance from which this chapter is derived or subsequent amendment, shall not be increased. The cost of the work shall not exceed ten percent of the appraised replacement cost of the structure or the part.

(b)

On any lot devoted entirely or in part to any nonconforming use, work may be done on ordinary maintenance or repair and replacement of parking and loading areas, signs, lighting, fences, walls, and related exterior amenities, provided the extent of those amenities shall not be increased or rearranged.

(c)

Nothing in this division shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or exterior amenity declared unsafe by any official charged with protecting the public safety, on order of such official, nor shall anything in this division be deemed to exempt any such structure or amenity from any requirements of any federal, state, or local government regulation.

(Zoning Ord. 2019, § 333, 6-24-2019)

(a)

No nonconforming use shall be enlarged within a structure or occupy a greater area of land than at the effective date of this chapter or subsequent amendment.

(b)

No nonconforming use or structure shall be moved to any portion of the lot other than that occupied at the effective date of this chapter or subsequent amendment.

(c)

No nonconforming use, structure, or characteristic of use may be altered or enlarged or intensified in any way which increases its nonconformity but may be altered or reduced to decrease its nonconformity.

(d)

If a nonconforming structure is removed or damaged in any manner to the extent that the restoration costs exceed 50 percent of the value of the structure immediately before the damaging occurrence, subsequent use of the lot shall be in full compliance with the district in which it is located.

(Zoning Ord. 2019, § 334, 6-24-2019)

(a)

Any nonconforming use which changes to a permitted use within the district in which it is located shall not revert to a nonconforming use.

(b)

A nonconforming use may change to a new nonconforming use, provided the new use is more in keeping with the district in which it is located and is less objectionable and measures less external impact than the existing nonconforming use. In determining whether the new use would be in greater conformity with this chapter, impact criteria such as, but not limited to, the following shall be evaluated:

(1)

Traffic generation and congestion, including truck, passenger car, and pedestrian traffic.

(2)

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration.

(Zoning Ord. 2019, § 335, 6-24-2019)

For the purpose of this division, appraised cost or value shall refer to an appraised valuation by a board or a professionally certified real estate appraiser.

(Zoning Ord. 2019, § 336, 6-24-2019)

When the public necessity, convenience, or general welfare or good zoning practices warrants such action, the city council, by favorable vote of a majority of the members, may amend the regulations or zoning district boundaries herein established.

(Zoning Ord. 2019, § 340, 6-24-2019)

A petition for amendment of this chapter or the zoning district boundaries may be initiated by the city council, the planning commission, or the owner or agent of such property subject to amendment of zoning district boundaries.

(Zoning Ord. 2019, § 341, 6-24-2019)

(a)

A petition for amendment, when initiated by the property owner or authorized agent of such owner, shall meet the application requirements of this section.

(b)

The application for rezoning shall be made on a form available from the zoning administrator and be filed with the zoning administrator at least 21 days prior to the planning commission hearing. The applicant shall provide the following information and materials:

(1)

Name, signature, and address of the property owner and agent of the property owner, if any.

(2)

Address and legal description of the property under consideration, accompanied by a copy of the applicable tax maps clearly identifying the property subject to rezoning.

(3)

Present and proposed zoning and land use of the property under consideration.

(4)

Reason for the rezoning request.

(5)

A conceptual site plan showing the property boundaries, public rights-of-way, and the proposed use and development layout.

(6)

The names and addresses of each property owner adjacent to the property under consideration, including those across the street, as listed in the county tax assessor office.

(7)

A $100.00 filing fee.

(Zoning Ord. 2019, § 342, 6-24-2019)

(a)

In the case of a petition by a property owner, at least 15 days prior to the scheduled planning commission hearing, the zoning administrator shall give written notice of the rezoning to all adjacent property owners. Such notice shall be deemed given when deposited in the U.S. mail, first class postage prepaid, addressed to such property owners at their addresses as submitted with the rezoning application. The notice shall state the following information:

(1)

The name of the petitioner.

(2)

The location of the property.

(3)

The current and proposed zoning and land use of the property.

(4)

The time, date, and location of the planning commission hearing of the proposed zoning amendment.

(b)

The planning commission shall hold a public hearing at the first regularly scheduled meeting after compliance with the application and notice requirements of this chapter.

(c)

At least six days' public notice of the hearing shall be given in accordance with the publication or posting requirement in section 40-670. The planning commission, by majority vote, shall report its recommendations to the city council. The planning commission report shall be transmitted to the city council within 30 days of the hearing, unless the city council grants an extension of such period. Otherwise, the proposed amendment shall be considered to have been recommended by the planning commission.

(Zoning Ord. 2019, § 343, 6-24-2019)

(a)

Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing on the proposed amendment.

(b)

The city council shall give public notice of the hearing on the proposed amendment in accordance with section 40-670.

(c)

Following notice and hearing, the city council shall decide by majority vote to accept or reject the proposed amendment.

(d)

If the city council takes no final action upon the proposed amendment within 90 days after receipt of the recommendation of the planning commission, the proposed amendment shall be deemed to have been rejected and overruled by the council.

(Zoning Ord. 2019, § 344, 6-24-2019)

(a)

At least 22 days in advance of the public hearing before the city council, the council shall publish the proposed amendment in full for one insertion in a newspaper of general circulation published within the city, together with a notice stating the time and place that the proposed amendment is to be considered by the city council and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such proposed amendment. One week after the first insertion (no less than 15 days in advance of the public hearing), the city council shall have published a synopsis of the proposed amendment, which synopsis shall refer to the date of the newspaper in which the proposed amendment was first published. If there is no newspaper of general circulation published within the city, then the city council must cause the proposed amendment and notice to be posted in four conspicuous places within the city. The council may both publish and post the hearing notice.

(b)

At least six days in advance of the public hearing before the planning commission, the commission shall publish notice of the proposed zoning chapter amendment for one insertion in a newspaper of general circulation published within the city, stating the time, place, and object of the hearing and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such proposed amendment. If there is no newspaper of general circulation published within the city, then the planning commission must cause the proposed amendment and notice to be posted in four conspicuous places within the city. The commission may both publish and post the hearing notice.

(c)

The applicant for a rezoning shall be responsible for the posting property with signs made available by the zoning administrator. Each placard shall note the proposed district change and the time and place of the planning commission hearing. Property shall be posted at least 15 days in advance of the public hearing before the planning commission and remain posted until the public hearing is completed. The applicant shall place the signs at reasonable intervals along the public street abutting the property.

(Zoning Ord. 2019, § 345, 6-24-2019)

(a)

In situations where more flexible and adaptable zoning methods are needed, rezoning amendments may be allowed, subject to certain conditions that are not generally applicable to land similarly zoned. Proposed rezoning amendments may include the voluntary proffering in writing, signed by the property owner (and the authorized agent of the property owner, if any), of reasonable conditions in addition to the regulations provided for in the desired zoning district. Any such proffered conditions must be made prior to the public hearing held by the city council and must adhere to the following criteria:

(1)

The rezoning itself must give rise for the need for the conditions.

(2)

Such conditions shall have a reasonable relation to the rezoning.

(3)

Such conditions shall not include a cash contribution to the city.

(4)

Such conditions shall not include dedication of property for public right-of-way or facilities, unless otherwise required by the city subdivision regulations.

(5)

Such conditions shall not include payment for or construction of off-site improvements, unless otherwise required by the city subdivision regulations.

(6)

No condition shall be proffered that is not related to the physical development or physical operation of the property.

(7)

No condition shall allow for the reversion of zoning held previous to the rezoning, unless a new application for rezoning is filed in accordance with this division.

(8)

All such conditions shall be in conformity with the purposes and consideration of this chapter.

(b)

The zoning administrator shall be vested with all necessary authority, on behalf of the city council, to administer and enforce conditions attached to a rezoning amendment.

(c)

The official zoning map shall show, by an appropriate symbol, the existence of conditions attaching to the zoning. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the chapter creating conditions, in addition to the regulations provided for in a particular zoning district. The zoning designation of the property shall carry a C suffix in addition to the zoning district designation (for example, R-2C), and the zoning map shall reference the conditional zoning index by chapter number.

(d)

Any amendment, waiver, or variation of conditions created pursuant to the provisions of this section shall be subject to zoning amendment procedures.

(Zoning Ord. 2019, § 346, 6-24-2019)

Should the city council reject a rezoning amendment proposal by a property owner, the same kind of rezoning of the same tract of land will not be considered by the planning commission until a period of one year has elapsed from the date of such action by the city council. Further, a withdrawal of the application for rezoning after the hearing held by the planning commission, but prior to the hearing held by the city council, shall also require a one-year time period before another application may be submitted. However, the planning commission may adjust this time period if, in the opinion of a majority of the commission, an unusual situation or circumstance exists which would warrant another hearing. Each time the zoning amendment application is made, the required filing fee must be paid. Under no condition shall the fee be refunded for failure of such proposed amendment to be enacted into law.

(Zoning Ord. 2019, § 347, 6-24-2019)

(a)

Automatic R-1 zoning. All land annexed into the city shall be reviewed by the planning commission, and the commission shall make a recommendation to the city council to bring annexed land into the city zoned R-1 Single-Family Residential District unless otherwise specified. All annexation chapters shall reflect the approved zoning for the newly annexed property; such chapters shall, immediately following annexation, be transmitted to the secretary of the planning commission for planning commission action.

(b)

Planning commission action. Within 30 days following annexation, the planning commission shall review the R-1 zoning and, if determined necessary, initiate a petition to rezone the property to the most appropriate district. In determining the most appropriate zoning, the planning commission shall duly consider the following minimum items:

(1)

The city land use plan, as adopted by the planning commission, as well as other relevant land use and planning studies;

(2)

The desires of the property owner subject to rezoning, as well as concerns of adjacent property owners;

(3)

The purposes and considerations of zoning, as required by this chapter and Code of Ala. 1975, § 11-52-72.

(c)

City council action. The council shall, within 30 days of receipt of the planning commission recommendation, act to approve, disapprove, or modify the recommended petition of the planning commission. In deciding their action, the council shall follow the public hearing procedures found in this chapter.

(Zoning Ord. 2019, § 348, 6-24-2019)

(a)

Citation for violations.

(1)

The zoning administrator or any police officer of the city shall serve upon the responsible person or owner of the property, which is in violation of this chapter, a citation to appear in the municipal court of the city, at a time and date specified thereon, to answer the charge of such violations of this chapter. Provided, however, that prior to 12:00 noon on the date this matter is to be set before the municipal court, such person or entity charged in such citation, if he has not previously settled or been convicted of three or more such violations within 12 months of the date of such citation, may dispose of the citation by settlement in the following manner:

Pay to the clerk of the municipal court a fine for the offenses charged in the amount of $25.00, plus any and all charges otherwise payable to the city pursuant to the terms and conditions of the article.

(2)

If the offense charged is the third such offense by the owner or person charged within 12 months from the date of such citations, settlement cannot be voluntarily made to the clerk of the municipal court as referred to above.

(3)

If the settlement of the charges set out in the citation is not made prior to 12:00 noon of the date the case is set for trial in municipal court, and if the party charged fails to appear and answer such charge in the municipal court at the time or place set out in such citation, or if the citation has not otherwise been disposed of by such court, a warrant shall be issued charging such party with the violation set out in the citation, which warrant shall be obtained, served and tried as provided by law for the arrest and trial of the offenses involving violations of this chapters of the city.

(4)

If a person receiving a citation as herein provided has, within the prescribing 12 months from the date of such citation, settled or been convicted of three or more such violations, he shall not be permitted to settle the instant alleged offense, but shall be required to stand trial in the municipal court.

(b)

Penalty for violation. Once the warrant has been issued and tried before the municipal court, a person found guilty of such violations shall be guilty of a misdemeanor and shall be punished as provided by the general ordinances of the city, which shall include the payment of any fines levied by the court, plus any court costs as therein provided and issued by the court. Each day such offense continues shall constitute a separate offense.

(c)

Issuance of citation.

(1)

All citations shall be signed by the enforcement officer finding such violations and shall be sent by certified mail to the responsible person or to the owner of the property on which the violation is found.

(2)

A warning of violation may be issued in writing, personal appearance, or telephone by the enforcement officer finding such violations. The warning shall give an opportunity for correction of any violations within 30 or less days before a citation is sent, as provided in subsection (c)(1) of this section.

(Zoning Ord. 2019, § 350, 6-24-2019)

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 zoning administrator 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.

(Zoning Ord. 2019, § 351, 6-24-2019)

(a)

Application for administrative appeal. Appeals to the zoning board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the zoning administrator. Such appeal shall be taken within a reasonable time, as provided by the rules of the board. An administrative appeal shall require the submission of an application to the zoning board of adjustment. The application shall be filed with the zoning administrator at least 15 days before the scheduled hearing date before the zoning board of adjustment. A timely appeal shall suspend all actions on the decision appealed, upon issuance of a restraining order as described in Code of Ala. 1975, § 11-52-80(c). The application shall be filed by the property owner or the authorized agent of the owner and shall include the following information and materials:

(1)

Name, signature, and address of the property owner and attorney for the property owner, if any.

(2)

Address of the property under consideration.

(3)

The decision of the zoning administrator under appeal.

(4)

A written statement specifying the grounds for appeal.

(b)

Board of adjustment action. The zoning administrator shall transmit to the board all papers constituting the record upon which the action appealed was taken. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The board shall take action to uphold, modify, or overturn the decision of the zoning administrator.

(Zoning Ord. 2019, § 364, 6-24-2019)

(a)

Justification for special exception. The board of adjustment may hear and decide only such special exceptions as it is specifically authorized to pass by the terms of this chapter. In exercising this authority, the board shall determine whether special exceptions should be granted and grant special exceptions with such conditions and safeguards as are appropriate under this chapter or deny special exceptions when not in harmony with the purpose and intent of this chapter.

(b)

Application for special exception. An application for a special exception shall be filed with the zoning administrator at least 21 days before the scheduled hearing date before the zoning board of adjustment. The application shall be filed by the property owner or the authorized agent of the owner and shall include the following information and materials:

(1)

Name, signature, and address of the property owner and agent of the property owner, if any.

(2)

Address of the property under consideration.

(3)

Zoning and land use of the property under consideration.

(4)

Nature of the special exception, with reference to applicable zoning provisions.

(5)

The grounds on which the special exception is requested.

(6)

If applicable, a plot plan, drawn to scale and dimensioned, showing the property boundaries and proposed development layout, with the special exception noted or highlighted.

(7)

The names and addresses of each property owner adjacent to the property under consideration, including those across the street, as listed in the county tax assessor office.

(8)

A $100.00 filing fee.

(c)

Notice of public hearing.

(1)

At least 15 days prior to the scheduled board of adjustment hearing, the zoning administrator shall give written notice of the special exception to all adjacent property owners. Such notice shall be deemed given when deposited in the U.S. mail, first class postage prepaid, addressed to such property owners at their addresses as submitted with the application. The notice shall state the following information:

a.

The name of the applicant.

b.

The location of the property.

c.

The nature of the special exception and the applicable zoning provisions.

d.

The time, date, and location of the board hearing.

(2)

Public notice shall also be given, stating the time, place, and purpose of the hearing, and additional notice shall be posted on the premises affected.

(d)

Board of adjustment action. In granting approval of a special exception, the zoning board of adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

(Zoning Ord. 2019, § 365, 6-24-2019)

(a)

Justification for variance. Variances to the terms of this chapter may be granted in specific cases upon a finding by the zoning board of adjustment that the variance will not be contrary to the public interest, that, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and that the spirit of this chapter shall be observed, and substantial justice done. More specifically, the board shall determine all of the following criteria have been satisfied:

(1)

The board should make proper adjustment to prevent unnecessary hardship, even to the extent of authorizing nonconforming uses. Where the board authorizes a nonconforming use in a district to prevent unnecessary hardship, all relevant factors, when taken together, must indicate that the plight of the premises in question is unique in that they cannot be put reasonably to a conforming use because of the limitations imposed upon them by reason of their classification in a specific zone.

(2)

Variances should be permitted only under peculiar and exceptional circumstances.

(3)

Hardship alone is not sufficient; state statutes require unnecessary hardship.

(4)

Mere financial loss of a kind which might be common to all of the property owners in a district in not an unnecessary hardship.

(5)

Variances should be granted sparingly, and spirit of this chapter in harmony with the spirit of State law should be carefully preserved, to the end that the structure of this chapter would not disintegrate and fall apart by constant erosion at the hands of the board.

(6)

When a hardship is self-inflicted or self-created, there is no basis for claim that a variance should be granted.

(b)

Application for variance. An application for a variance shall be filed with the zoning administrator at least 21 days before the scheduled hearing date before the zoning board of adjustment. The application shall be filed by the property owner or the authorized agent of the owner and shall include the following information and materials:

(1)

Name, signature, and address of the property owner and agent of the property owner, if any.

(2)

Address of the property under consideration.

(3)

Zoning and land use of the property under consideration.

(4)

Nature of the variance, with reference to applicable zoning provisions.

(5)

Justification for the variance, in accordance with all of the criteria in subsection (a) of this section.

(6)

A plot plan, drawn to scale and dimensioned, showing the property boundaries and proposed development layout, with the variance noted or highlighted.

(7)

The names and addresses of each property owner adjacent to the property under consideration, including those across the street, as listed in the county tax assessor office.

(8)

A $100.00 filing fee.

(c)

Notice of public hearing.

(1)

At least 15 days prior to the scheduled board of adjustment hearing, the zoning administrator shall give written notice of the variance to all adjacent property owners. Such notice shall be deemed given when deposited in the U.S. mail, first class postage prepaid, addressed to such property owners at their addresses as submitted with the application. The notice shall state the following information:

a.

The name of the applicant.

b.

The location of the property.

c.

The nature of the variance and the applicable zoning provisions.

d.

The time, date, and location of the board hearing.

(2)

Public notice shall also be given, stating the time, place, and purpose of the hearing, and additional notice shall be posted on the premises affected.

(Zoning Ord. 2019, § 366, 6-24-2019)

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

(Zoning Ord. 2019, § 367, 6-24-2019)