LEGAL PROVISIONS
In interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of health, safety, morals, convenience, order, prosperity, and general welfare of the community. Where two or more specific requirements in this chapter conflict and this section does not otherwise specify which of the conflicting requirements prevail, then the requirement imposing the higher or greater restriction shall govern. Where other ordinances or regulations which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory. Whenever the requirements of this chapter conflict or are in any way inconsistent with the requirements of any other lawfully adopted statutes, rules, regulations, or ordinances, the most restrictive, or that imposing higher standards, shall govern, unless otherwise specifically stated in this chapter. No certificate of zoning compliance or plat approval shall be issued or considered valid for any use or activity which is or would be otherwise illegal under the terms of any applicable local, state, or federal law. This section shall not lower the restrictions of plats, deeds, or private contracts, if such are greater than the provisions of this chapter.
(Ord. No. 0-231-04, art. IX(§ 1), 3-22-2004)
Any failure to comply with the applicable requirements of this chapter shall constitute a violation of these regulations under Code of Ala. 1975, § 11-52-83, as amended. Any such violation shall be punishable by a fine of up to $500.00 and/or imprisonment of not more than six months, as provided in accordance with Code of Ala. 1975, § 11-45-6, as amended. Where such a violation has been confirmed to exist by the enforcement officer, the violation shall be cured in accordance with the administrative procedures outlined in section 30-178.
(Ord. No. 0-231-04, art. IX(§ 4), 3-22-2004)
A property owner may impose bylaws, covenants, and deed restrictions upon any private property. Once any such bylaws, covenants, and deed restrictions have been recorded, they can be administered only by the owner of the property, and they may be enforced only by private legal action through a court of competent jurisdiction. The city and the city planning commission is in no way liable for and assumes no responsibility to approve, enforce, amend, or administer any duly adopted or recorded bylaws, covenants, and deed restrictions. Furthermore, advance knowledge by the city prior to final plat approval that any such bylaws, covenants, and deed restrictions will be imposed by the landowner shall in no way constitute implied authority or responsibility to approve, enforce, amend, or administer any subsequently adopted or recorded restrictive covenants or bylaws. Finally, no such authority shall be implied by the granting of a zoning permit for any development activity on a property for which special bylaws, covenants, or deed restrictions have been or will be imposed.
(Ord. No. 0-231-04, art. IX(§ 5), 3-22-2004)
LEGAL PROVISIONS
In interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of health, safety, morals, convenience, order, prosperity, and general welfare of the community. Where two or more specific requirements in this chapter conflict and this section does not otherwise specify which of the conflicting requirements prevail, then the requirement imposing the higher or greater restriction shall govern. Where other ordinances or regulations which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory. Whenever the requirements of this chapter conflict or are in any way inconsistent with the requirements of any other lawfully adopted statutes, rules, regulations, or ordinances, the most restrictive, or that imposing higher standards, shall govern, unless otherwise specifically stated in this chapter. No certificate of zoning compliance or plat approval shall be issued or considered valid for any use or activity which is or would be otherwise illegal under the terms of any applicable local, state, or federal law. This section shall not lower the restrictions of plats, deeds, or private contracts, if such are greater than the provisions of this chapter.
(Ord. No. 0-231-04, art. IX(§ 1), 3-22-2004)
Any failure to comply with the applicable requirements of this chapter shall constitute a violation of these regulations under Code of Ala. 1975, § 11-52-83, as amended. Any such violation shall be punishable by a fine of up to $500.00 and/or imprisonment of not more than six months, as provided in accordance with Code of Ala. 1975, § 11-45-6, as amended. Where such a violation has been confirmed to exist by the enforcement officer, the violation shall be cured in accordance with the administrative procedures outlined in section 30-178.
(Ord. No. 0-231-04, art. IX(§ 4), 3-22-2004)
A property owner may impose bylaws, covenants, and deed restrictions upon any private property. Once any such bylaws, covenants, and deed restrictions have been recorded, they can be administered only by the owner of the property, and they may be enforced only by private legal action through a court of competent jurisdiction. The city and the city planning commission is in no way liable for and assumes no responsibility to approve, enforce, amend, or administer any duly adopted or recorded bylaws, covenants, and deed restrictions. Furthermore, advance knowledge by the city prior to final plat approval that any such bylaws, covenants, and deed restrictions will be imposed by the landowner shall in no way constitute implied authority or responsibility to approve, enforce, amend, or administer any subsequently adopted or recorded restrictive covenants or bylaws. Finally, no such authority shall be implied by the granting of a zoning permit for any development activity on a property for which special bylaws, covenants, or deed restrictions have been or will be imposed.
(Ord. No. 0-231-04, art. IX(§ 5), 3-22-2004)