The duty of administering and enforcing the provisions of this zoning ordinance is hereby conferred upon the Zoning Administrator, Administrator, or other such official as designated by the Union Springs City Council.

(Res. No. 2013-14, 12-2-2013)

It shall be unlawful to commence the construction of any building, or to commence the moving or alteration of any building which requires a permit in accordance with the policies and procedures of the City of Union Springs until a permit for such work has been issued.

14.2.1 Application for Building Permit

All applications to the zoning administrator for building permits shall be accompanied by a site plan and survey, as applicable; however, accessory buildings located in agriculture and residential areas may be excluded if setbacks and other requirements can be determined. The site plan or survey must include:

a.

The actual dimensions of the lot to be built upon;

b.

The size of the building to be erected;

c.

The location of the building on the lot;

d.

The location of existing structures on the lot, if any;

e.

The number of dwelling units the building is designed to accommodate;

f.

The setback lines of buildings on adjoining lots;

g.

The layout of off-street parking and loading spaces;

h.

Such other information as may be requested for determining whether the provisions of this zoning ordinance are being observed; and

i.

Such other information as may be requested by the zoning administrator; and

j.

Certification by the applicant that he has complied, or will comply, with the applicable health department regulations, and all other applicable ordinances, regulations and standards of the City of Union Springs.

(Res. No. 2013-14, 12-2-2013)

It is the purpose of this section to encourage a high standard of land development through careful review of the nature and composition of proposed development projects as well as to provide full consideration of the potential impacts of proposed developments upon surrounding uses and land. Furthermore, it is the purpose of the site plan review process to provide a mechanism to ensure that the individual components of the development process are carefully integrated in order that a project meets not only those minimum regulatory requirements and individual design standards, but also addresses in its totality the design guidelines set forth in this section.

14.3.1 Approval Required

Site plan approval as hereinafter set forth is required prior to the issuance of any building permit for all land uses subject to these regulations where any of the following exists:

a.

A parcel of land proposed for a nonresidential use.

b.

A parcel of land proposed for multi-family residential, condominium, townhouse, or hotel/motel use.

c.

A parcel of land devoted to a nonresidential use or a parcel of land devoted to multi-family, condominium, townhouse or hotel/motel units which use of land or building is proposed to be expanded by 25 per cent or more of lot area or building floor area.

d.

A parcel of land, which is to be developed utilizing a "special district" zoning classification.

e.

A parcel of land where, due to the unique characteristics of the land, surrounding use(s), proposed use or other features of the development, the zoning administrator determines it to be in the interest of the public health, safety or welfare that such project be subject to the site plan review process.

14.3.2 Procedures

Developments subject to site plan review shall be processed in the following manner:

a.

Review and Approval.

(1)

The zoning administrator shall, upon determination that an application complies with all applicable submission requirements, receive the application and schedule it for consideration and approval by the planning commission.

(2)

The planning commission shall review the site plan with specific regard to the design guidelines contained in this section. The committee shall evaluate and make a finding with respect to the satisfactory application of the design guidelines, both individually and in combination, to the subject plan. The planning commission shall approve, approve with conditions, or deny the site plan. In the alternative, the committee may, for the purpose of allowing the applicant an opportunity to address unresolved issues, continue consideration of the site plan. Any action to approve, conditionally or unconditionally, shall require a majority vote of the committee members present and shall be based upon a finding that the site plan comports with the design guidelines set forth in said Section 15.4.8. Any site plan, which does not receive a majority vote for approval, shall be denied and the reason(s) for such denial shall be noted. Under no circumstance shall any site plan be approved which is inconsistent with any term contained in these regulations unless a variance has been authorized in accordance with the provisions contained in Article 14 of these regulations.

(3)

A minimum of four copies, and any additional copies as may be supplied by the applicant, of a site plan approved or approved conditionally shall be submitted to the office of the zoning administrator within 60 days of such action. Site plans approved contingent upon any changes to be made on the plan shall be so changed prior to certification. The zoning administrator shall verify that all such changes have been made and certify with his signature that the site plan complies with these regulations and the requirements of the planning commission. The zoning administrator shall retain and file one copy of the certified site plan to constitute a permanent record and forward one copy to the City Engineer. A minimum of two copies of the certified site plan shall be reserved for the applicant, one of which shall accompany the application for building permit and one copy to be available for inspection at the job site.

14.3.3 Amendment of a Certified Plan

Any amendment, variation or adjustment of a certified site plan shall require approval of a site plan amendment according to the following:

a.

Major Amendment. Submission to the zoning administrator and action by the planning commission consistent with the process of approval of the original site plan.

b.

Minor Amendment. Submission to and action by the zoning administrator.

c.

The zoning administrator shall determine based on the magnitude and type of change and its ramifications whether a proposed plan amendment is a major or minor amendment. The zoning administrator may, at his discretion, forward any application for site plan amendment to the planning commission or to one or more individual departments for review and recommendation both as to its classification as a major or minor amendment and as to whether it should be approved, approved with conditions or denied.

14.3.4 Effect of Site Plan Approval

Those site plans approved or approved conditionally shall remain valid if a building permit is obtained subject thereto, and the project completed in accordance with such permit, within the respective allotted time periods to be specified by the zoning administrator or planning commission. Extensions to the time limits imposed as a condition of site plan approval may be granted only upon written request to the zoning administrator with subsequent determination to be made by the planning commission, based upon and consistent with the process for determining whether such request for extension of time is a major or minor amendment. Upon approval of the site plan, the applicant may proceed to submit detailed construction drawings to the appropriate city departments for approval and permitting. Nothing herein, however, shall preclude the zoning administrator from accepting for review and processing building construction plans related to the structural, mechanical, electrical and plumbing systems prior to the certification of a site plan, subject to such conditions as may be established by the zoning administrator relative to such pre-certification processing. In such instances, no building permit will be issued until the site plan has been certified and is on file with the building department. All building and construction permits issued for any project requiring site plan review shall be consistent with the certified site plan. The approval and certification of a site plan shall not under any circumstance be construed to waive or otherwise diminish the applicable city requirements for construction or installation of structures or materials. Whenever a conflict between the site plan and such construction details occurs, the more restrictive or that requiring the higher standard shall prevail.

14.3.5 Integration of Other Review Procedures

Any development involving the following related provisions of these regulations shall be coordinated as set forth below.

a.

Special District Development Plans. Properties which are proposed to be assigned a special district zoning classification shall have available for review at the public hearing held in consideration of such zoning a copy of a preliminary site plan of the proposed development. Following approval by the Union Springs planning commission, a final site plan taking into consideration matters of concern to the planning commission shall be prepared and submitted to the zoning administrator for review by the planning commission in accordance with the above paragraphs.

b.

Rezoning. Those developments requiring an action to rezone the property shall have the rezoning approved by the Union Springs planning commission prior to consideration of a site plan by the planning commission. In approving a rezoning action, the planning commission may, in cases it deems advisable, also require that a preliminary site plan be submitted to it for review prior to consideration of a final site plan by the planning commission. Following review by the planning commission, a final site plan taking into consideration matters of concern to the planning commission shall be prepared and submitted to the zoning administrator for review by the planning commission in accordance with the above paragraphs.

c.

Variances. Those developments requiring a variance from any applicable regulation shall have the variance acted upon by the Union Springs planning commission prior to consideration of a site plan by the planning commission.

d.

Conditional Uses. Those developments requiring conditional use approval shall have the conditional use approved by the Union Springs planning commission and prior to consideration of a site plan by the planning commission.

14.3.6 Noncompliance

Failure to comply with a certified site plan or any of the conditions upon which such approval was contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to a certified site plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this section shall constitute a violation of these zoning regulations.

14.3.7 Submission Requirements

No request for site plan approval shall be considered complete until all of the following has been submitted to the zoning administrator:

a.

Application Form. The application shall be submitted to the department on forms to be provided by the department. The application shall be signed and, if not signed by the property owner, shall be accompanied by a notarized affidavit that the applicant is authorized to act in the owner's behalf.

b.

Plans and specifications. Each application shall be accompanied by a site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by thirty-six inches. When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon. The following information is required on or in an acceptable form so as to accompany the site plan:

(1)

Site plan name.

(2)

North arrow, scale and date prepared.

(3)

Legal description.

(4)

Location map.

(5)

Zoning district assigned to the property, which is the subject of the site plan and adjacent properties.

(6)

Identification of watercourses, wetlands, tree masses and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique areas.

(7)

Gross and net site area expressed in square feet and acres.

(8)

Number of units proposed, if any.

(9)

Floor area devoted to each category of use.

(10)

Delineation in mapped form and computation of the area of the site devoted to building coverage and other impervious surfaces expressed in square feet and as a percentage of the overall site.

(11)

Number of parking spaces required (stated in relationship to the applicable formula) and proposed.

(12)

Location of all driveways, parking areas and curb cuts and the total paved vehicular use area (including but not limited to all paved parking spaces and driveways), expressed in square feet and as a percentage of the area of the overall site.

(13)

Location of all public and private easements and streets within and adjacent to the site.

(14)

The location, size and height of all existing and proposed buildings and structures on the site.

(15)

Location of all refuse collection facilities, including screening and access thereto.

(16)

Provisions for both on-and off-site storm water drainage and detention related to the proposed development.

(17)

Existing and proposed utilities, including size and location of all water lines, fire hydrants, sewer lines, manholes, and lift stations.

(18)

Existing two-foot contours or key spot elevations on the site, and such off-site elevations as may be specifically required and not otherwise available which may affect the drainage or retention on the site.

(19)

The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscape areas by function, and the general location and description of all proposed outdoor furniture (such as seating, lighting, and telephones).

(20)

The location of all earth or water retaining walls, earth berms, and public and private sidewalks.

(21)

Phase lines, if development is to be constructed in phases.

(22)

Dimensions of lot lines, streets, drives, building lines, building setbacks, building height, structural overhangs, and building separations.

(23)

Shadow cast information if the proposed building is higher than any immediately adjacent building or if the height of the building is greater than the distance of the building to any lot line.

c.

Application Fee. The applicant shall be required to pay an application fee according to the current schedule of fees established by the Union Springs City Council for the particular category of application. This fee shall be nonrefundable irrespective of the final disposition of the application.

14.3.8 Design Guidelines for Site Plan Review.

It is the purpose of these design guidelines to supplement the standard requirements of zoning classifications in a manner that recognizes the need to tailor the land planning process to the unique features of each site, while preserving the right of reasonable use of private property based upon the uses permitted under the zoning classifications assigned to the property. The following items shall be given full consideration in the preparation and review of site plans required under this section. Before any site plan is approved (whether conditionally or unconditionally), it shall first be established that such plan is consistent with the design guidelines of this section. When it is determined that a site plan does not satisfactorily comply with one or more, in whole or in part, of any of the design criteria contained herein, the planning commission shall have the authority to deny the site plan. Design guidelines to be considered include the following:

a.

Plan and Regulation Requirements.

Site plans shall be consistent and in conformity with all applicable rules and regulations of the city and the state, including but not limited to the following;

(1)

City zoning and subdivision regulations;

(2)

City comprehensive plan and its constituent elements;

(3)

Other city ordinances, resolutions, policies and administrative directives;

(4)

Applicable provisions of Alabama Law.

b.

Environment and Open Space.

Site plans shall recognize the significant existing environmental and open space features of the site and property immediately adjacent thereto. The proposed development shall be determined to be reasonably compatible with the existing environmental features of the site, based on an evaluation of the following specific factors:

(1)

Topography, including elevation, slopes and cut and fill;

(2)

Soil and subsurface characteristics.

(3)

Surface and groundwater characteristics, including water quality and groundwater recharge.

(4)

Vegetation and plant life, including specimen trees, natural wetland and native creek bank vegetation.

(5)

Wildlife habitat.

(6)

Historic and cultural significance.

(7)

Floodplain hazard.

(8)

Open space

All of the above factors shall be determined consistent with the current development standards and design specifications of the city engineer. It shall be the objective of this guideline to assure that a development project will not significantly degrade the existing environmental features of the site in a manner that is unnecessary to allow for the reasonable use of the property.

c.

Traffic and Parking.

Site plans shall be so designed as to provide for adequate traffic flow and control on public streets, coordination with public transportation modes where applicable, convenient internal circulation and service access, and vehicular and pedestrian safety. A determination as to the adequacy of provisions for traffic and parking shall be based on an evaluation of the following factors:

(1)

Functional classification of street and highway system.

(2)

Existing and projected traffic volume, road carrying capacities and levels of service.

(3)

Traffic signing, signalization and related control devices.

(4)

Number and distance between points of access and egress.

(5)

Sight distance and turning radii relative to curb cuts and internal traffic flow.

(6)

Off-street parking and loading space.

(7)

Pedestrian walkways.

(8)

Access for service and emergency equipment and personnel. All of the above factors shall be determined consistent with the objectives of the transportation element of the general plan and with current development standards and design specifications of the city engineer. It shall be the objective of this guideline to ensure adequate provision for vehicular and pedestrian movement and safety within the site and as it relates to the adjoining public street and thoroughfare system.

d.

Streets, Drainage and Utilities. Site plans shall be so designed as to provide for streets, water supply, sewage disposal, refuse collection and storm water detention. Those specific factors to be evaluated in determining that these measures have been adequately addressed include the following:

(1)

Water supply and sewage treatment capabilities.

(2)

Water mains, fire hydrants and water meters.

(3)

Sewer mains and manholes.

(4)

Gas mains, where applicable.

(5)

Provisions for refuse disposal, including container location and access thereto.

(6)

Easements for all utility lines.

(7)

Location, capacity and design of storm water detention facilities, both as to the site and the watershed or basin.

(8)

Responsibility for maintenance and appearance of storm water detention facilities.

(9)

Sufficiency of adjacent streets. All of the above factors shall be determined consistent with the objectives of the utility element of the general plan and current development standards and design specifications of the city engineer. It shall be the objective of this guideline to assure that adequate service capacity is available and that utility, street and drainage systems are appropriately designed for the proposed development site in relationship to the larger systems entering and leaving the site.

e.

Neighborhood Compatibility. Site plans shall be so designed as to assure that the overall design and function of the proposed project are compatible and harmonious with other properties in the immediate area. Compatibility shall be measured according to the following characteristics of the proposed and neighboring development:

(1)

Land use type or category.

(2)

Building location, dimension and height.

(3)

Location and extent of parking, access drives and service areas.

(4)

Traffic generation, hours of operation, noise levels and outdoor lighting.

(5)

Alteration of light, air and views.

(6)

Fence, wall, landscape and open space treatment.

It shall be the objective of this guideline to encourage design treatment that reflects consideration of and between adjoining developments. It is not the purpose of this provision to preclude development based upon normal change or that inconvenience which might ordinarily be expected to result from the land development process; but, rather, it shall be the purpose of this provision to preclude any significant adverse impact that is measurable and can be documented, based upon the above factors.

(Res. No. 2013-14, 12-2-2013)

A certificate of occupancy shall be secured by the owner or owner's agent prior to use or occupancy of any building or structure, whose construction or substantial rehabilitation is undertaken following adoption of this ordinance. Within three days after the owner or owner's agent has notified the zoning administrator that a building or premises, or part thereof, is ready for occupancy or use, the building inspector shall make a final inspection thereof, and 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, state such refusal in writing with the cause. Appeals from the decision of the building inspector shall be heard by the zoning board of adjustment. One copy of the signed statement by the owner or his or her agent regarding the intended use of the premises, and a signed refusal (if any) shall be kept on file with the records of the zoning administrator.

(Res. No. 2013-14, 12-2-2013)

Any permit under which no construction work has been done above the foundation wall or other foundation support within 12 months from the date of issuance shall expire by limitation, but shall upon reapplication, be renewable, subject, however, to the provisions of any ordinances in force at the time of said application for renewal. In no event shall any permit be renewed more than one time.

(Res. No. 2013-14, 12-2-2013)

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 administrator 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 administrator 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 administrator to vacate such premises, accomplish such vacation of said structure or premises until such structure or premises has been adapted to conform to the provisions of this zoning ordinance. The service of notification shall be as follows:

a.

By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or

b.

By depositing the notice in the United States as first class certified mail; or

c.

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

(Res. No. 2013-14, 12-2-2013)

14.7.1 Penalties. Any person, firm, corporation, or any agent, servant, employee, officer, or contractor for any person, firm, or corporation who shall violate any provision, requirement, term, or condition of this zoning ordinance shall be subject to a fine of up to $500 or up to 60 days' imprisonment in the municipal jail, or both, per violation. Each day of any violation of this zoning ordinance shall constitute a separate offense. The violation of any provision, requirement, term, or condition of this zoning ordinance shall also constitute a nuisance and any person aggrieved thereby may abate the same or the same may be abated as a public nuisance. Continuous violation thereof may be restrained in a court of equity having jurisdiction thereof, and such remedy shall not be the exclusive remedy for any violation.

14.7.2 Remedies. 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 zoning ordinance, the zoning administrator of the city or any other appropriate authority or any adjacent or neighboring property owner within 500 feet who would be damaged or caused hardship 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.

(Res. No. 2013-14, 12-2-2013)