The building inspector is hereby authorized, and it shall be said inspector's duty, to administer and enforce the provisions of this ordinance. The building inspector shall give information upon request as to the provisions of this ordinance, and shall interpret the meaning of said ordinance in the course of administration and enforcement thereof. This official shall have the right to enter upon any premises at any reasonable time prior to the issuance of a certificate of occupancy for the purpose of making inspections of buildings or premises necessary to carry out such inspector's duties in the enforcement of this ordinance.

(a)

Building permit required. No building, sign or other structure shall be erected, moved, extended, enlarged or otherwise structurally altered until the building inspector has issued a building permit for such work. The building inspector shall not issue a building permit until conformance with the provisions of this ordinance is certified by the building inspector through the issuance of zoning approval.

(b)

Expiration of the building permit. Any building permit, under which, no construction work has commenced above the foundation walls or other foundation support after six (6) months from the issuance of the permit, shall expire. Further, any building permit, issued for a property, shall expire upon the sale or transfer of said property to a new owner other than the person for which the building permit was originally issued and shall expire upon any change in the building contractor employed for the project at the time the permit was originally issued. Any building permit renewed subsequent to its initial approval and issuance shall, however, be subject to the provisions of all ordinances and amendments thereto in force at the time of said renewal.

The provisions of this section shall govern the filing for, and the applicability and issuance of, a zoning approval.

(a)

Application. Each application for a zoning approval shall be filed in written format at the Tarrant City Hall, and shall include a development plan with the following requirements:

(1)

The address and legal description of the property as of public record;

(2)

The name of the property owner and the applicant;

(3)

A description of the uses to be established or expanded;

(4)

An accurate, dimensioned drawing, certified by a registered architect where required by the building code, of the building plot showing the location of:

a.

Buildings and structures, both existing and proposed;

b.

Lot areas to be used;

c.

Parking areas, including lighting and landscaping as required;

d.

Water supply facilities;

e.

Sewage disposal facilities; and

f.

Any additional information as required and deemed necessary by the building inspector to determine whether the provisions of this ordinance are being observed.

(b)

Expiration of zoning approval. Any zoning approval issued shall expire at the end of a ninety-day period from the date of issuance of approval.

(c)

Non-conformities. In no case shall a zoning approval be issued for the construction or alteration of a structure not in conformity with the provisions of this ordinance except as may otherwise be permitted for issuance of a building permit as provided for in Article 9.

No land, building or other structure or part thereof hereafter erected, moved, or altered following issuance of a building permit shall be occupied or utilized until the building inspector has issued a certificate of occupancy stating that such land, building, structure or part thereof is found to be in conformity with the provisions of this ordinance and the building code.

(a)

Within three (3) days after the owner or his agent has notified the building inspector that such building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building inspector and any other appropriate authority of the city to make a final inspection thereof, and to jointly issue a certificate of occupancy for the building, premises or part thereof found to conform to:

(1)

The provisions of this zoning ordinance;

(2)

The provisions of the building code;

(3)

The provisions of other applicable regulations;

(4)

The content of the site development and use information submitted in the application for zoning approval; and

(5)

The content of the site development and use information submitted in an application for rezoning as applicable, and any restrictions or conditions resulting from said petition for the change in zoning.

(b)

In the case said land, building, structure or part thereof is not found to conform in any ways to any of the items set forth above, a certificate of occupancy shall be refused and said refusal and the cause for same shall be provided in a written statement to the grantee of the building permit.

The provisions of this ordinance, including the zoning map, may from time to time be amended, supplemented, changed, modified or repealed by the city council in accordance with the procedures stated herein.

(a)

Petitions to amend this ordinance and/or the zoning map may be initiated by:

(1)

The owner of the land, or the owner's authorized agent, in which case, a notarized letter to that effect is required upon filing of an application with the Commission; or

(2)

By the introduction of a resolution for such purpose by any member of the commission or city council.

(b)

Application. An application for any change in zoning shall be filed with the city clerk at least fifteen (15) working days prior to the next regularly scheduled meeting of the commission. Any petition/application so filed shall include, at a minimum, the following items and information and no petition/application shall be accepted without such items:

(1)

Statement of the nature of the proposed amendment;

(2)

Parcel identification number(s), address(es) and, if applicable, a legal description of the property(ies) involved;

(3)

Names and addresses of the owner(s) of said property;

(4)

Statement of how the property(ies) involved is to be used;

(5)

A development plan including a dimensional drawing(s) of the property, showing proposed buildings, structures, parking areas, loading and service areas, access, buffers and screening, signage, landscaping, and any additional information as may be required and deemed necessary by the building inspector to determine whether the provisions of this ordinance and other applicable regulations can be observed and to allow for adequate evaluation of potential land use conflicts or other adverse impacts on adjacent properties and the surrounding area, including but not limited to traffic, light, noise, and drainage.

(c)

Action on petitions. The zoning map and ordinance shall only be amended after a recommendation by the commission and passage of an amendment by the city council. Recommendations by the commission and final action on a rezoning request by the council shall take into consideration the following:

(1)

Compatibility with the comprehensive plan;

(2)

Availability and adequacy of public infrastructure and services, including water, sewer, roads, police and fire protection, etc.; and

(3)

Impacts of the requested change on neighboring properties and the surrounding area, including traffic, noise, light, odors, etc.

(d)

Spot zoning. Upzoning of a property of less than two (2) acres, not contiguous to other properties zoned the same as is requested or not contiguous to other zones of an equally or more intense nature, shall not be approved except in conformity with the comprehensive plan. Further, wherever the council, after a recommendation by the commission, finds that a rezoning, as requested, is desirable, appropriate and promotes the general welfare, but is otherwise in conflict with the comprehensive plan; the council shall cause the comprehensive plan to be officially amended to incorporate such finding.

(e)

Subsequent action, following the proper filing of a petition/application and required materials and fees, shall be:

(1)

The commission shall consider a petition/application at the first regularly scheduled meeting following proper filing of said petition.

(2)

The commission shall have seventy (70) days after the public hearing in which to make a recommendation to the city council. The recommendation of the commission shall be advisory only and shall not be binding on the council. Failure of the commission to submit such a recommendation within the prescribed time shall constitute a favorable recommendation.

(3)

The commission may recommend denial of the petition, approval, or approval upon consideration of certain conditions, which shall be provided in writing to the council.

(4)

No amendment to this ordinance or the zoning map shall become effective unless it has been submitted to the commission for a recommendation.

(5)

Only after a recommendation by the commission regarding a petition/application has been recorded and submitted to the council shall the council take action on said petition.

(a)

In any case where construction, alteration or use of a building, structure or land has not been initiated within one year from the date of the council's approval of a rezoning application, such property shall revert to the zone held prior to rezoning. The property owner or other designated representative shall be required to file a new petition/application for rezoning after a one-year period as required in accordance with section 11.08. The council may waive such expiration in any case where sufficient evidence is presented that a good faith effort has been made by the applicant to proceed with the project originally approved. Evidence shall show that the delay resulted from circumstances beyond the control of the applicant.

(b)

In any case where, prior to construction, alteration or use of a building, structure or land following a rezoning of the subject property, there occurs a sale or transfer in ownership to other than the owner or developer presenting the application and required plans, the property shall revert to the zoning classification held prior to rezoning. The new owner or other designated representative shall be required to file a new petition/application for rezoning after a one-year period as required in accordance with section 11.08.

No changes in or amendments to the provisions of this ordinance or zoning map shall become effective until after a public hearing in relation thereto, and at which interested parties and citizens shall have the opportunity to be heard. Written notice shall be given to all property owners within five hundred (500) feet of a property being considered for rezoning, and an additional notice shall be posted on or as near the site as possible to serve as visual notification to the general public. In the event there are no other property owners within five hundred (500) feet, the adjacent property owners shall be notified. Notice shall be posted within the required time frame in four (4) public locations.

(a)

Notice of hearing before the commission. At least seven (7) days notice of the time and place of such hearing by the commission shall be required.

(b)

Notice of hearing before the city council. At least fifteen (15) days notice of the time and place of such hearing by the council shall be required.

(c)

The written notice to property owners provided for the hearing before the commission shall also provide the necessary information as required for notice of the council hearing for the same case(s) and such shall fully accommodate the requirements of section 11.02.

(d)

Whenever the commission fails to reach a decision on an application, for which notice of the originally scheduled council hearing on the same case has already been given, a new notice shall be provided to the applicable property owners with the rescheduled date of the council hearing.

After the council has voted on an application for an amendment to this ordinance or zoning map, another application for the same kind of rezoning of the same property, or for the same change of the same portion of the zoning ordinance, shall not be considered until a period of one (1) year has elapsed from the date of such action by the council.

(a)

Furthermore, the withdrawal of a petition/application to amend the ordinance or the zoning map after the hearing by the commission but prior to hearing by the council shall also require a one-year period of time before another application of the same nature may be submitted.

(b)

Be it further provided with regard to this section, however, that the commission may adjust this time period if, in the opinion of the majority of the commission, an unusual situation or circumstance exists which would warrant another hearing prior to expiration of the one (1) year period stipulated herein. Such circumstances may include, but shall not be limited to, the following and any combination thereof: 1) change in ownership of the applicable property, 2) provision of utilities, public services or public improvements not available at the time of the original request, 3) rezoning of adjacent properties which would tend to support the original request, and 4) amendments to this ordinance or the comprehensive plan which would tend to support the original request.

The building inspector is hereby granted authority to provide immediate emergency and temporary relief to applicants requesting such relief for the issuance of permits authorizing the installation of manufactured homes on applicants' property only under all of the following conditions: 1) Such permit shall be temporary and not to exceed one year from the date of issuance; 2) Such permit shall not be transferable; and 3) Prior to the issue of such permit, the Building Inspector shall be reasonably satisfied that the applicant's requested relief is necessary, and that the need for such relief was primarily caused by damage resulting from fire or natural disaster.

In accordance with Section 83, Chapter 52, Title 11 of the Code of Alabama, 1975, as amended, it shall be unlawful for any building or structure to be erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land to be used in violation of any provision or amendment of this ordinance.

(a)

Remedies. In any case where any building or structure is erected, constructed, reconstructed, altered, repaired, converted, maintained or used, or any structure, building or land is used in violation of this ordinance as set forth above, the building inspector or other appropriate authority of the city may institute injunction, mandamus or any other appropriate action or proceedings to:

(1)

Stay or prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2)

Restrain, correct, abate or remove such violation;

(3)

Prevent the occupancy of such building, structure, or land; or

(4)

Prevent any illegal act, conduct, business or use in or about such premises.

(b)

Procedures. Prior to any criminal prosecution, the building inspector or an agent thereof shall give a written notice or citation to the person, firm, corporation or other organization violating and provision of this ordinance stating the rule or regulation being violated, and notifying said person, firm, corporation or organization to cease and desist such violation immediately or otherwise be prosecuted as provided for herein. The notice shall fix a reasonable time for compliance, as approved by the council based on the nature of the violation and effort required for compliance.

(c)

Penalties. Any person or entity which violates any regulation in, any provision of or any amendment to this ordinance shall, upon conviction, be fined at least the cost of court, plus not more than five hundred dollars ($500.00) or imprisonment for not more than one hundred eighty (180) days or both, for each offense. Each and every day during which such violation continues shall be deemed a separate offense. Conviction or a violation and imposition of any fine shall not constitute an exemption from compliance with the regulations and other provisions of this ordinance.

(d)

Further provisions. In any case of violation of this ordinance as set forth herein, any adjacent or neighboring property owner who would be damaged or caused hardship by such violation, may institute injunction, mandamus or other appropriate legal action or proceeding to stay or prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or use, or to correct or abate such violation, or to prevent occupancy of, such building, structure or land.

(e)

The building inspector or other appropriate authority of the city may intervene in any such action, suit or proceedings wherein there is involved any violation of any regulation in, provision of or amendment to this ordinance. When such intervention takes place, said inspector or other appropriate authority shall be deemed to be, and shall be treated as, an original party to the action, suit or proceedings. It is the intent of this Section that any action, suit or proceedings in which such authority of the city intervenes shall proceed the same as if said authority had been an original party insofar as any statue, act or rule prohibiting an entire change of parties is concerned.

The council shall, from time to time, establish or modify fees for the following procedures, permits, and/or applications as required by this ordinance or the subdivision regulations. The fees and charges specified by the council shall be non-refundable and shall not be conditioned upon or related to the action taken with respect to the application. Churches, city properties, projects funded entirely by the city and the hearing process for assigning initial zoning to annexed properties, in accordance with section 3.04, shall be exempt from all such zoning fees.

(1)

Downzoning from a single-family residential zone (no fee will be charged).

(2)

Upzoning from a single-family residential zone to another residential zone.

(2)

All other rezonings.

(3)

Variances on single-family residential properties.

(4)

All other variances and special exceptions.

(5)

Conditional use permits.

(6)

Subdivision reviews (preliminary and final plats).

(7)

Land disturbance permits.

(8)

Temporary and permanent sign permits.

(9)

Building permits (under 5000 sf).

(10)

Building permits (over 5000 sf).

(11)

Manufactured home permits.

(12)

Fence/wall permits.