The provisions of this ordinance shall be administered and enforced by the zoning official, except as herein provided.

The council shall designate a zoning official to administer this ordinance. In addition, the zoning official and/or building official shall have the right to enter upon any premises during a reasonable period of time for the purposes of making inspections of the buildings or premises necessary to administer and enforce this ordinance.

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 repairs (except repairs not changing the character of the structure and not exceeding $500.00 in cost, or painting or wallpapering) of any structure, including accessory structures, until the building official has issued for such work a building permit including confirmation by the zoning official that the plans, specifications and intended use of such structure in all respects conform with the provisions of this ordinance. Except on the written order of the board, no building permit shall be issued for any building where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this ordinance. Application for a building permit shall be made to the building official on forms provided for that purpose.

It shall be unlawful for the building official to approve any plans or issue a building permit for any excavation or construction until such plans have been inspected in detail and have been found to be in conformity with this ordinance. To this end, the building official shall require that every application for a building permit for excavation, construction, use of land, moving or alteration be accompanied by a plan or plat, drawn to an appropriate scale, including those materials listed in appendix 4.

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

Any building permit granted under this section shall become null and void on one year from the date of issuance of the permit. Exceptions may be made if the proposed development or construction has passed the first building inspection. The building official shall make every reasonable effort to notify a holder of a building permit, which is liable for voiding action before voidance is actually declared.

The construction or usage affected by any building permit shall be subject to four inspections: the first, when the foundation has been excavated; the second, when the foundation has been completed and the building lines have been established; the third, when all electrical and mechanical elements are in place; and the fourth, when the building or structure has been completed.

It shall be the duty of the holder of the permit to properly notify the building official as to the time when the construction will be ready for inspection. Failure to make proper notification of the time for such inspection shall automatically cancel the permit, requiring the issuance of a new permit before construction may proceed or occupancy may be permitted.

No land or building or other structure or part thereof hereafter erected, moved, or altered in its use shall be used until the building official has issued a certificate of occupancy stating that such land or structure or part thereof is found to be in conformity with the provisions of this ordinance. Within three days after the owner or his agent has been properly notified the building official that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building official to make 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 ordinance, or if such certificate is refused, to state the refusal in writing with the cause.

Any uses of land or dwellings or construction or alteration of buildings or structures erected, altered, razed or converted in violation of any of the provisions of this ordinance are hereby declared to be a nuisance per se. The zoning official is hereby authorized to apply to a court of competent jurisdiction to abate the nuisance created by such unlawful use of a structure, land or building. Whenever the zoning official has declared a structure to be in violation of any applicable provisions of this ordinance, the owner or occupant shall, within 72 hours from receipt of notification from the zoning official to vacate such premises, accomplish such vacation of said structure or premises until such structure or premises has been made to conform to the provisions of this ordinance. Such notification shall be:

12.8.1.

By delivery to the owner personally, or by leaving notice at the owner's residence with a person of suitable age and discretion; or

12.8.2.

By depositing the notice as first class certified mail; or

12.8.3.

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

Any person, firm, corporation, or other organization which violates any provisions of this ordinance shall be fined, upon conviction, not less than $25.00 nor more than $500.00 plus court costs 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 ordinance. 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, zoning official or any other appropriate authority or any adjacent or neighboring property owner, who would be especially damaged by such violation, in addition to other remedies, may seek an injunction or writ of mandamus or take other appropriate action or proceedings to stay or prevent occupancy of such building, structure or land.

12.10.1.

Zoning amendment petition. The council may amend, supplement, change, modify, or repeal the regulations, restrictions, and boundaries of districts or any provisions of this ordinance. Any member of the council may introduce such amendment; or any official, board, commission or any other person may present an application to the council requesting an amendment to this ordinance.

12.10.2.

Commission review. No such amendment shall become effective unless such be first submitted to the commission for its approval, disapproval, or recommendation. If the commission disapproves an amendment after such submittal, it shall require the favorable vote of the majority of the council to become effective. Within 30 days of the public hearing on the application, unless an extension of time is agreed to by the applicant, the commission shall issue a recommendation to the council.

Failure of the commission to act within this time period shall constitute a positive recommendation.

The commission upon its own initiative may hold public hearings, public notice of which shall be given, for the consideration of any proposed amendment to the provisions of the ordinance, or to the official zoning map, and then report its approval, disapproval, or recommendations to the council.

12.10.3.

Public hearing on proposed amendments. Upon the introduction of any amendment to this ordinance or upon the receipt of a petition to amend this ordinance, the council shall publish notice of such request for an amendment, together with a notice of the time and place set for public hearing by the council on the requested change. Said notice shall be published in full, for one insertion, in a newspaper of general circulation. One week after the first insertion, the council shall publish a synopsis of the proposed amendment. Both insertions must be published at least 15 days in advance of passage of the amendment. After the amendment is adopted, it shall be published in the same manner as all municipal ordinances pursuant to Code of Ala. 1975, § 11-45-8, as amended.

Within 30 days of the public hearing on the application, unless an extension of time is agreed to by the applicant, the council shall approve the request, approve it with conditions or deny the request. Failure of the council to act within this time period shall constitute approval.

12.10.4.

Time limit. After the council has voted on an application for rezoning or other amendment of the zoning ordinance, another application for rezoning of the same tract or parcel of land, or change of the same portion of the zoning ordinance will not be considered for a period of one year from the date of such action, provided, however, that the council may adjust this time period if, in the opinion of a majority of the council, an unusual situation or circumstance exists.

Conditional uses are those that have some special effect, which differs from the potential impacts of permitted or special exception uses or exceeds them in intensity, or have uniqueness such that their effect upon the surrounding environment cannot be determined in advance of a use being proposed in a particular location. As such, conditional uses must be reviewed in terms of existing zoning and land use in the vicinity of the proposed use: whether, and to what extent the use at the proposed location is consistent with the comprehensive plan, the intent of this ordinance, and any other development policies and/or 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.

12.11.1.

All conditional uses require the submission of an application to the commission. Such application shall be filed with the zoning official by the property owner or designee at least 30 days prior to the date on which the application is to be heard, and shall include a site plan including those materials listed in the appendix. At least 15 days prior to the hearing, the zoning official shall give written notice to all adjoining property owners. 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 submitted with the request. Such addresses shall be obtained by the applicant from the most recent records of the county tax assessor and submitted as part of the application.

12.11.2.

The commission shall review the proposed conditional use for compliance with this ordinance and other applicable codes and ordinances, and for compatibility with the purposes of the applicable district. In particular the commission shall determine that satisfactory provisions have been made concerning the following:

1.

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.

2.

The location and accessibility of off-street parking and loading areas.

3.

The location and accessibility of refuse and service areas and their potentially adverse affects upon surrounding properties.

4.

The screening and buffering of potentially adverse views and activities from surrounding properties.

5.

Control of noise, glare, odor, surface water runoff, and other potentially disturbing impacts upon surrounding properties.

6.

The availability, location, and capacity of utilities.

7.

The location and scale of signs and lighting with particular reference to traffic safety, glare, and visual compatibility with surrounding properties.

8.

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.

12.11.3.

The commission may impose such conditions as it deems necessary in the particular case to protect the public interest and further the purposes of this ordinance, in relation both to the items listed above and to any other factor it deems relevant. Such approval and conditions shall be 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 shall be deemed to be violations of this ordinance.

12.11.4.

Within 60 days of the public hearing on the conditional use application, unless an extension of time is agreed to by the applicant, the commission shall approve the application for a conditional use, approve it with conditions, or deny it. The failure of the commission to act within this time period shall constitute approval of the conditional use.

Every applicant or petitioner seeking an amendment to the zoning ordinance or official zoning map, other than amendments initiated by the city, or seeking approval of a building permit, conditional use, variance or special exception shall pay to the city clerk at the time of filing of petition or application, a fee as set from time to time by the council to cover the cost of technical study, investigation and publication necessary in connection with such application. No such application shall be filed for consideration until such fee has been paid.