The Zoning Official is hereby authorized, and it shall be his/her duty to enforce and administer the provisions of this Ordinance. The Zoning Official shall give information upon request as to the provisions of this Ordinance and shall interpret the meaning of the Ordinance in the course of enforcement. 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 his/her duties in the enforcement of this Ordinance.

(Ord. No. 3099, 6-27-22)

13.2.1. Building permit required. No building, sign or other structure shall be erected, moved, extended or enlarged, or structurally altered, until the Building Official has issued a Building Permit for such work. The Building Official shall not issue a Building Permit until conformance with the provisions of the Zoning Ordinance is certified by the City Clerk, City Engineer and Fire Marshal. 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.

1.

The builder or owner shall furnish to the Building Official a foundation survey signed by a Land Surveyor licensed in the State of Alabama prior to the commencement of framing of the building.

2.

It shall be unlawful to violate any of this §13.2. Violations shall be remedied in accordance with §13.7 Remedies and Penalties for Violation.

13.2.2. Design review required.

1.

For any application related to a non-residential development or landscaping or architectural elements within common areas of residential subdivisions, the Building Official shall not issue any Building Permit until completion of design review as certified by the Design Review Board.

2.

Design review applications shall be submitted at least 15 working days in advance of the next regularly scheduled DRB meeting. The Zoning Official shall submit to the Design Review Board for its review, and thus shall require of the applicant, in addition to any other supporting information as required by this Ordinance, information concerning, as applicable:

a.

Site Plan, including:

(1)

location and size of proposed structures, open spaces and parking areas shown in relation to lot lines, adjacent streets, sidewalks, existing buildings, and existing parking areas;

(2)

location and size of proposed accesses to public streets including spacing from adjacent intersections and driveways on abutting properties;

(3)

description of vehicular use areas, including circulation pattern, loading areas, and vehicle stacking space, if applicable;

(4)

location of all proposed and existing sidewalks and other pedestrian facilities on and adjacent to the site;

(5)

location and type of drainage improvements and facilities, including detention or retention basins, shown in relation to lot lines, adjacent streets, sidewalks, buildings, parking areas and open spaces;

b.

Architectural Plans, including floor plans, building elevations and proposed façade materials and colors;

c.

the current use and zoning of abutting properties;

d.

Landscaping Plan, including:

(1)

required landscaping areas with plant materials labeled and shown in relation to lot lines, adjacent streets, buildings and parking areas;

(2)

location, size, function and furnishings for proposed open spaces shown in relation to lot lines, adjacent streets, sidewalks, buildings and parking areas;

(3)

vehicles, equipment, and materials to be stored on the property during construction;

(4)

soil preparation methods, bedding and mulching, and planting details;

(5)

proposed material schedule showing common name, size, spacing, quantity, and installation instructions - differentiating existing and new landscaping;

(6)

proposed screening and buffers, including location of all uses and structures to be screened; and

e.

Lighting Plan, including the location of proposed exterior lighting fixtures shown in relation to lot lines, adjacent streets, sidewalks, existing buildings, parking areas, open spaces, and any existing fixtures on-site or within 50 feet of the site boundary and the height, method of shielding and intensity of proposed exterior lighting fixtures

f.

Signage Plan, including sign locations shown in relation to lot lines, adjacent streets, sidewalks, proposed and existing buildings, and signs within 50 feet of the site boundary and the area, height, design, colors and materials of all proposed signs

(Ord. No. 3099, 6-27-22)

13.3.1. Application. All requests for Conditional Uses shall be submitted on applications made available by the City Clerk. Applications shall be submitted at least 25 working days prior to the next regularly scheduled meeting of the Commission and accompanied by maps, drawings, statements and/or other documentation as necessary to determine compliance with the criteria of this §13.3.

13.3.2. Public Hearing. Upon acceptance of an application, the Commission shall consider the application during a public hearing. The Commission shall, after the public hearing, make a recommendation to the Council. Following the recommendation by the Commission, the Council shall hold a public hearing regarding the application and upon completion of said hearing, shall approve with conditions or deny the request within the time limit required by law.

The recommendation by the Commission may be to approve or deny the application, which said recommendation shall be advisory only. Zoning is a legislative matter decided by the Council. The Council shall not be bound by the recommendation of the Commission.

13.3.3. Expiration and Revocation.

1.

Approval of a Conditional Use shall be considered exercised when the use has been established or when the Building Permit has been issued and substantial construction accomplished. A Conditional Use approval shall lapse and be of no effect if, after the expiration of one year from the date of Council approval, no construction or change in use pursuant to such Conditional Use has taken place, provided that the Council may, for good cause shown, specify a longer period of time in conjunction with its action to approve a Conditional Use.

2.

When such use is abandoned or discontinued for a period of one year, it shall not be reestablished, unless authorized by the Council. Conditional Use approval shall be revoked when the applicant fails to comply with the conditions imposed by the Council.

13.3.4. Determination. Conditional Uses shall only be approved upon a finding that all of the following criteria are satisfied:

1.

The use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area.

2.

The use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area.

3.

The request is consistent with all applicable provisions of the Comprehensive Plan.

4.

The request shall not adversely affect adjacent properties.

5.

The request is compatible with the existing or allowable uses of adjacent properties.

6.

The request can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.

7.

The request can demonstrate adequate provision for maintenance of the use and associated structures.

8.

The request has minimized, to the degree possible, adverse effects on the natural environment.

9.

The request will not create undue traffic congestion.

10.

That such development will comply with all applicable regulations and conditions specified within this Ordinance.

The Council shall describe and have recorded in the minutes, the conditions imposed on the development to assure satisfaction of these criteria.

(Ord. No. 3099, 6-27-22)

The provisions of this Ordinance, including the Zoning map, may from time to time be amended, supplemented, changed, modified, or repealed by the Council in accordance with Alabama Law.

13.4.1. Petition to Amend. Petitions to amend this Ordinance with respect to rezoning land may be initiated only upon filing of an application with the Commission by the owner of the land or the owner's authorized agent, in which case a notarized letter is required. Any member of the Council may initiate the rezoning of any land by introduction of a resolution for such purpose. An application for any change of zoning shall be filed in the office of the Commission at least 25 working days prior to the next regularly scheduled meeting of the Commission. The petition shall state the nature of the proposed amendment, and a legal description of the property involved and the names and addresses of the owner(s) of the property. No application shall be taken out without descriptive information as to how the petitioner proposes to utilize the parcel of land (plot plan, drawings, sketches, et cetera).

13.4.2. Action on Petition. The Commission shall consider the petition at the first regularly scheduled meeting following the proper filing of the petition. The Commission shall, after the public hearing, make recommendations to the Council. The recommendations of the Commission shall be advisory only, and shall not be binding on the Council. No amendment to the Ordinance shall become effective unless it has been submitted to the Commission for a recommendation.

13.4.3. Notice of Public Hearing. Notice of a public hearing to consider a change in zoning classification must be given to the public as required by Act 1123 of the 1973 Legislature of the State of Alabama and those requirements set forth in the Code of Alabama, 1975. No changes or amendments in the provisions of this Ordinance shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard, in accordance with the following.

1.

Petitioner shall furnish City Clerk with names and addresses of owners of record of property within 500 feet, as shown in the records of the Applicable County Tax Assessor.

2.

For the purposes of this §13.4.3, the phrase "change in zoning classification" shall include, without limitation, any change, modification or amendment of zoning district boundaries.

3.

The Commission shall not conduct any public hearing proposing the recommendation for change in the zoning classification of any property within the City without first giving written notice a minimum of 15 days prior to the proposed date of the public hearing, to all owners of property located in whole or in part within 500 feet from the boundaries of the property which is the subject of the proposed change in zoning classification, as shown by the records of the office of the applicable County Tax Assessor.

4.

The Council shall not enact any change in the zoning classification of any property subject to the zoning jurisdiction of the City without first giving written notice a minimum of 15 days prior to the proposed date of such enactment to all owners of property located in whole or in part within 500 feet from the boundaries of the property which is the subject of the proposed change in zoning classification, as shown by the records of the office of the applicable County Tax Assessor on a date not more than one year prior to the date of such notice. Such notice shall state the street address of the property, if any, which is the subject of the proposed change in zoning classification and shall also state that a protest may be filed with respect to such proposed change and that said property owner is welcome to attend the public hearing to speak on the issue if he or she so desires. 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 as shown on the records of the office of the applicable County Tax Assessor on the date of such owners are determined. Any error in the address of any such notice shall not invalidate the giving of notice pursuant to this Ordinance, provided that no more than five percent of the total number of notices given with respect to any proposed change in zoning classification contain any such error.

5.

For purposes of this Ordinance, the term "written notice by United States mail" shall mean "certified mail-return receipt requested".

13.4.4. Time Limit. After the Council has voted on an application for rezoning, another application for the same kind of rezoning of the same tract or parcel of land, or change of the same portion of the Zoning Ordinance will not be considered until a period of one year has elapsed from the date of such action by the Council. Further, a withdrawal of the application for rezoning after hearing held by the Commission, but prior to the hearing by the Council shall also require a one year period of time before another application may be submitted. Provided, however that the Commission and/or Council may adjust this time period if in the opinion of a majority of the Commission and/or Council, an unusual situation or circumstance exists which would warrant another hearing. In other words, the Commission and Council have the discretion to hear rezoning requests at any time when it is determined by the said Commission and/or Council that it will promote the health, safety, morals and general welfare to do so or that there are other justifiable reasons for warranting such rezoning hearing.

13.4.5. Procedures for Creation of Certain Residential Zoning Districts.

1.

For applications for rezoning to an R-5, R-7 or R-8 District, the Commission shall consider the preliminary plot plan simultaneously with its recommendation to the Council on the rezoning request as provided herein. For applications for rezoning to an R-9 District, the Commission may consider the preliminary plot plan prior to its recommendation to the Council on the rezoning request.

2.

Materials to Accompany Application. An application for rezoning shall be accompanied by a vicinity map and preliminary plot plan as required by the City Subdivision Regulations. For R-9 applications, the following information shall be provided with the preliminary plot plan:

a.

The location, grouping, and height of all facilities and proposed land uses.

b.

The number of residential units produced, their location, setbacks, building areas (including building areas for covered and uncovered porches, stoops, decks, etc., number of stories, accommodations/requirements for accessory structures for storage, gazebos, etc., indicating those areas to be occupied, buffer areas and details of proposed buffering, and the location and nature of any non-residential uses.

c.

A preliminary vehicular and pedestrian circulation system, including driveways, walkways, parking areas, and streets to be dedicated.

3.

Subject to the applicant's preliminary plot plan (and with any suggested modifications) the Commission shall recommend that the Council approve or disapprove the request.

4.

If the Council approves said rezoning, the applicant shall be generally bound by said preliminary plot plan and all details submitted and presented in the zoning request pursuant to Paragraph 2 above.

5.

Deviations from Approved Preliminary Plot Plan

a.

Minor changes to the approved preliminary plot plan may be approved by Zoning Official or City Engineer.

b.

Substantial changes to the approved preliminary plot plan must be approved by the Commission.

(Ord. No. 3099, 6-27-22)

13.5.1. Annexed Property. All territory annexed to the City of Vestavia Hills, Alabama shall be subject to the laws, rules, regulations and ordinances of the said City. All territory annexed to the City shall be zoned in accordance with the following procedure.

13.5.2. Jurisdiction over Annexed Property. All territory brought within the corporate limited of the City by annexation shall be subject to the laws, rules, regulations and ordinances of the City, including specifically but not limited to the Zoning Ordinance, Subdivision Regulations and the City Building Code. The Council shall have and exercise the authority over the territory within the corporate limits of the City.

13.5.3. Authority. Pursuant to the authority vested in the City by the provisions of Code of Alabama, 1975 Title 11-52-70, et seq., the Council shall zone all property annexed to the corporate limits of the City.

13.5.4. Intents and Purpose. In accordance with the provisions of Act Number 300 of the 1955 session of the Alabama Legislature, (Code of Alabama Recompiled, 1958, Appendix Section 985, Volume 14 at page 397), the Council intends to zone and regulate annexed territory as to the kind, character and use and structures and improvements. It is the intent of the Council that all real property located within the municipal boundaries shall be governed by the laws, rules, regulations and ordinances of the City rather than by those of the County.

The City follows the annexation procedure outlined in Act Number 32 of the 1964 session of the Alabama legislature to extend the corporate limits. Said act requires that the municipality shall hold a public hearing to determine the truth of the matters set forth in the Petition for annexation and consider any written protests or objections regarding the proposed annexation. The public hearing on the annexation petition must not be less than 90 days from the date of publication. It is the intent of the Council to conduct a public hearing on the zoning of the annexed territory immediately following the public hearing on the annexation petition. An ordinance zoning the annexed territory shall be adopted immediately after enactment of the ordinance annexing said property. The terms of this Ordinance however, shall not preclude or prohibit the City from extending its corporate limits in any other way or manner that may now or hereafter be authorized by Alabama Law.

13.5.5. Zoning Classification.

1.

The application to zone or rezone the property sought to be annexed shall be initiated by the property owner or the owner's authorized agent by filing a petition concurrently with the petition for annexation. Any member of the Council may also initiate the rezoning of said territory by introduction of resolution for such purposes. The zoning classification to be applied for shall be that Vestavia Hills classification closest to and most compatible with the applicable County classification in effect on the property at the time of filing the petition for annexation except as provided in Paragraph 2 immediately below. Should two different City zoning classifications be close to and compatible with the County classification, then the City classification imposing greater restrictions shall be applied for.

2.

A petitioner may request rezoning to a City zoning classification not otherwise compatible with the County zoning classification in effect on the concerned property. In such case, the request shall be considered according to the procedure set forth in §13.4 Amendments. If the request is denied, the Council shall have the authority to classify the property in accordance with Paragraph 1 above. In any case, the property, upon annexation, shall be rezoned to a City zoning classification.

13.5.6. Notice Requirements. Notice shall be in accordance with §13.4.3 Notice of Public Hearing for other zoning amendments.

(Ord. No. 3099, 6-27-22)

The Zoning Official upon approval by the Council is hereby granted authority to provide immediate emergency relief to applicants requesting such relief by issuing permits authorizing installation of mobile homes on applicant's property under the following conditions:

13.6.1. Such permit shall be temporary and not exceed one year from date of issuance.

13.6.2. Such permit shall not be transferable.

13.6.3. Prior to issuance of such permit, the Zoning Official shall, with discretion, be reasonably satisfied that the applicant's requested relief is necessary and the need thereof was approximately caused by damage resulting from fire or natural disasters.

(Ord. No. 3099, 6-27-22)

It shall be unlawful to erect, construct, reconstruct, alter, maintain, use or occupy any land in violation of any regulation in, or any provision of this Ordinance, or any amendment thereof, enacted or adopted under the authority of this Act. Any person, firm or corporation violating any such regulation, provision or amendment shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished in accordance with the Code of Alabama, Title 11-45-9, for a misdemeanor violation for each such offense. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance, use or occupancy continues shall be deemed a separate offense. Provided, however, that prior to any criminal prosecution the Zoning or Building Official or his agent shall give a written notice or citation to the person, firm or corporation violating any provision of this Ordinance stating the rule or regulation being violated and notifying the said person, firm or corporation to cease and desist such violation immediately, otherwise said person will be prosecuted as provided herein. In case any building or structure is, or is proposed to be erected, constructed, reconstructed, altered, maintained, used or occupied in violation of any regulation or provision of this Ordinance or amendment thereof, enacted or adopted by the City, said Official or any other appropriate authority or any adjacent or neighboring property owner who would be specifically damaged by such violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance, use or occupancy.

The Zoning or Building Official may intervene in any action, suit or other proceedings wherein there is involved any amendment thereof, enacted or adopted by the City. When said Official so intervenes hereunder, that official 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 the Zoning or Building Official intervenes shall proceed the same as if that Official has been an original party, insofar as any statute, act or rule prohibiting an entire change in parties is concerned. The provisions of this Section shall apply to any action, suit or proceedings pending at the time of its adoption.

(Ord. No. 3099, 6-27-22)

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, after approval of the Fire Marshal, shall have issued a Certificate of Occupancy stating that such land or structure or part thereof is found to be in conformity with provisions of this Ordinance.

Within five working days after the owner or his agent has 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.

(Ord. No. 3099, 6-27-22)

The following requests shall be subject to application fees pursuant to City Ordinance #2342 Schedule of Fees, as amended. All funds collected under the provisions of this Ordinance shall be paid to the City of Vestavia Hills, Alabama.

13.9.1. Requests before the City Council.

1.

Rezoning.

2.

Conditional Use.

3.

PUD or MXD Master Plan approval.

13.9.2. Special Provisions - Rezoning, Conditional Use and PUD Application Fees. The fee and charge shall be retained by the City and shall not be conditioned upon or related to the action taken with respect to said application.

1.

In the event of a request for withdrawal or postponement within 15 working days of a hearing date, there shall be no refund.

2.

If a hearing at a later date is desired, an additional fee in the amount of the initial fee shall be charged.

13.9.3. Request before the BZA. The following shall be assessed an application fee for the filing of a request before the BZA.

1.

Variance request;

2.

Special Exception request;

3.

Other applications to appear before the BZA.

13.9.4. Special Provisions, BZA Fees. The fee shall be retained by the City and shall not be conditioned upon or related to the action taken with respect to said applications.

1.

In the event of a request for withdrawal or postponement within 20 working days of a hearing date, there shall be no refund of said fees.

2.

If a hearing at a later date is desired, an additional fee in the same amount as the initial fee shall be charged.

13.9.5. Design Review Fee. An application fee shall be assessed for each review before the DRB.

13.9.6. Publication and Mailing Expenses. The applicant shall be responsible for publication and mailing expenses necessarily incurred by the City for mailings and publication as required by Alabama law and the terms and provisions of this Ordinance.

13.9.7. Fee Exemptions. The following groups are exempt from all the above application fees, but shall not be exempt from mailing and publication expenses: places of worship, Vestavia Hills City and/or School Board owned properties, properties owned by the County, County School Board, State or Federal Government and projects funded entirely by the City.

(Ord. No. 3099, 6-27-22)