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The Florala News
Florala , Alabama
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October 19, 1972     The Florala News
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October 19, 1972
 

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/! IMAGE SMALLTOWNPAPERS, INC. ALL CONTENT COPYRIGHTED. ALL RIGHTS RESERVED. USE SUBJECT TO LICENSE AGREEMENT. REPRODUCTION, DISSEMINATION, STORAGE, DISTRIBUTION PROHIBITED. 'PAGE It 113.13 Public Offices Held. No member shall hold any other public office or position, except that one member may be a member of the Commission. 113.2 Rules of Procedure. The Board of Adjustment shall observe the following procedures: 113.21 Said Board shall adopt rules in accordance ~e provisions of this Ordinance for the conduct of its affairs. 113.22 Said Board shall elect one of its members, ot--tl%-r--than a member of the Commission, as Chairman, who shall serve for one year or until he is re- elected or his successor Is elected. Said Board shall appoint a Secretary. 113.23 The meetings of said Board shall be held at ~I of the Chairman and at such other times as said Board may determine. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses by subpoena. 113.24 All meetings of said Board shall be open to t-r lic. I13.25 Said Board shall keep minutes of its pro- ~gs, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the City Clerk and shall be a public record. Section 114. Duties and Powers of the Board of Adjustment. rid The Board of Adjustment shall have the following duties powers. If4.1 To hear and decide appeals where it is alleged ~is error in any order, requirement, decision, or determination made by the zoning enforcement officer, or other administrative official, in the enforcement of this Ordinance. e 114.2 To hear and decide special exceptions of the terms o-T-tffis Ordinance upon which said board is required to pass under this Ordinance. I14.3 Variances. To authorize upon appeal in specific cases such Variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance wi11, so that the spirit of this Ordinance shall be observed, public safety and wel- fare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hard- ship upon a finding by the Board of Adjustment that: 114.31 There are extraordinary and exceptional con- ~s pertaining to the particular piece of property in question because of its size, shape, or topography, and I14.32 The application of this Ordinance to this ~ular piece of property would create an unneces- sary hardship, and I14.33 Such conditions are peculiar to the particular ~of property involved, and I14.34 Relief, if granted, would not cause substantial ~ent to the public good or impair the purpose and intent of this Ordinance; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this Ordinance. ,L Section I15. Procedure for Requesting a Hearin9 Before the Board of Adjustment. Requests for a hearing before the Board of Adjustment for an administrative review, special exception or a variance shall observe the following procedures: llS.l An application must be submitted in writing to ~oning enforcement officer from whom the appeal is taken and to the Board of Adjustment a notice of appeal specifying the grounds thereof. 115.2 An application shall be accompanied by an accep- ~site plan with such reasonable information shown thereon as may be required by the zoning enforcement officer. Such site plan shall include, as a minimum, the following: lot dimensions with property line monu- ments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public), water courses, existing and proposed; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application. 115.3 The zoning enforcement officer shall cause to have posted in a conspicuous place on the property line in question one or more signs, each of which shall not be less than twelve (12) square feet in area, shall contain information as to the proposed change and the date and time of the public hearing, and the cost of each shall be paid by the applicant prior to the public hearing. I15.4 The Board of Adjustment shall fix a reasonable ~for the hearing of appeals or other matters referred to said Board, give at least fifteen (15) days public notice thereof, as well as die notice to the parties in interest, and decide the same within 45 days from the date of such public hearing. I15.5 An appeal stays all legal proceedings in further- ance of the action appealed from, unless the zoning enforce- ment officer certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the said Board or by a court of record: on application, on notice to the Official from whom the appeal is taken and on due cause shown. 115.6 In exercising the powers granted the Board of Adjustment Tn-~-ection ll4 of this Ordinance, the said Board may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions or determination of the zoning enforcement officer and may issue or direct the issuance of a Zoning Compliance Permit. 115.7 A property owner, or his appointed agent, shall not--oE-Tnitiate action for a hearing before the Board of Adjustment relating to the same parcel of land more often than once every twelve (12) months on the same variance. 115.8 Any petition for a hearing before the Board oF Adjust~nt withdrawn prior to action thereon by said Board at the discretion of the person, firm or corporation initiating such a request upon written notice to the Secretary of said Board. 115.9 Any person or persons severally or jointly aggrieved yb- y decision of the Board of Adjustment may take, within fifteen (15) days thereafter appeal to the circuit court of like rilE FLORALA NEW ), THURSDAY. OCTOBER jurisdiction, by filing with such Board a written notice of appeal specifying the judgment of decision from which appeal is taken. Section 116. Procedure for Requesting a Zonin~ Amendment. The Council may, from time to time, after examination, review and public hearing thereon, amend, supplement or change the regulations and zoning districts herein or subsequently established. Proposals for zoning amendments, whether initiated by the Council, the Commission, or any person, firm or corpora- tion, shall be treated in accordance with the following procedure: 116.1 An application must be submitted in writing to te-h-'e-zoning enforcement officer and must be accompanied with a site plan of the proposed use included in any petition for a zoning amendment. Such site plan shall include the existing land use on adjacent and surrounding properties. I16.2 The application shall be sent to the Commission for review and recommendation, and said Commission shall have thirty (30) days within which to submit a report. If the Commission fails to submit a report within the thirty (30) day period, it shall be deemed to have approved the proposed amendment. 116.3 Whenever a proposed amendment to this Ordinance inv-nvol-ves changing the zoning classification of a parcel of property from one district to another, the zoning enforcement officer shall cause to have posted in a con- spicuous place on said property one or more signs, each of which shall not be less than twelve (12) square feet in area, shall contain information as to the proposed change and the date and time of the public hearing, and the cost of each sign shall be paid by the applicant prior to the public hearing. I16.4 Before enacting any amendment to this Ordinance ~ouncil shall hold a public hearing thereon provided that a legal notice has been published in a newspaper of general circulation in the City of Florala, Alabama, when required, a sign or signs have been posted on the property in question for at least fifteen (15) days prior to the said public hearing. 116.5 The Council shall hold a public hearing at the ear-ErITest possible time under the time limits spelled out above to consider the proposed zoning amendment, and shall take action on said proposed zoning amendment within 45 days from the date of the public hearing except in the case where the Council's tentative action is not in accor- dance with the Commission's certified recommendation. In such case, the Council shall not make any change in or departure from the text or maps, as recommended and certi- fied by the Commission, unless such change or departure be first resubmitted to the Commission for an additional review and recommendation. The Commission shall have thirty (30) days to resubmit its recommendation. 116.6 Any petition for a zoning amendment may be withdrawn p~ to action thereon by the Council at the discretion of the person, firm or corporation initiating such a request upon written notice to the Clerk of the Council. 116.7 A property owner, or his appointed agent, shall not in-hTt-Tate action for a zoning amendment affecting the same parcel of land more often than once every six (6) months. Section 117. Continuance of Previousl~ Issued Permits. All Bui]ding Permits, which were previously issued by the City of Florala shall not be affected by the provisions of this ordinance, except as otherwise provided herein. ARTICLE XII PROCEDURES FOR SUBDIVISIO~ PLAT ~PPROVAL Section 121. Platting Authority. r to act on the Prellminary Plat within thirty after submission thereof, without due cause deemed to be approval of the Plat and a of Preliminary Approval shall be issued by the sion on demand, provided, however, that the may waive this requirement and consent to an of time. Section 124. Preliminary P1atSpecifications. 124.1 Scale. The Preliminary Plat shall be clearly and legibly drawn at a scale not smaller than I00 feet to one inch. 124.2 Sheet Size. Sheet size shall not be greater than 18 inches by 24 inches. If the complete plat cannot be shown on sheet of this size, it may be shown on more than one sheet with an index map on a separate sheet of a reduced scale. 124.3 Ground Elevations. The Prellminary Plat shall shOW , ground elevations, based on the datum plane of the U.S. C~sl and Geodetic Survey. 124.31 For land that slopes less than approximately t~--~--~) percent, spot elevations shall be shown at all breaks in grade, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions. 124.32 For land that slopes more than approximately two 7-~) percent, contours shall be shown with an interval of not more than five (5) feet if the ground slope is regular or with an interval of not more than two (20) feet if the ground slope is irregular. 124.33 A tie to one or more bench marks shall be s-Eown. 124.34 An exception to above requirements for showing g~elevation is a Preliminary Plat of a subdivi" sion located in any subdivision with the average size of lots being greater than one-acre. A PreliminarY Plat of such subdivisions shall show only the location of streams (both perennial and Intermlttentl; direction of flow of these streams; any areas subject to flooding; and selected spot elevations. 124.4 Information to be Provided on Preliminar~ Plat. . The Preliminary Plat shall contain the following informati0m (I) Name and address of owner of record and of subdivider; (2) Proposed name of subdivision and its acreage. (3) North point and graphic scale and date. (4) Vicinitymap showing location and acreage of the subdivision. (5) Exact boundary lines of the tract by hearings and distance. (6) Names of owners of record of adjoining land with its approximate acreage. (7) Existing streets, utilities and easements on and adjacent to the tract, including the size and width of each. (8) Proposed layout including streets, alleys and ease- ments with both dimensions and proposed street names; lot lines with approximate dimensions; land to be reserved or dedicated for public uses; and any land to be used for purpose other than single-family dwellings. (9) Block letters and lot numbers. The Florala City Planning Commission shall be the official platting authority. (lO) Provisions for water supply, sewerage and drainage, as required by the Covington County Health Department' Section 122. Pre-Application Review. (ll) Minimum building front yard setback lines. Whenever the subdivision of a tract of land within the juris- diction of the Commission is proposed, the subdivider should consult early and informally with the zoning enforcement officer for advice and assistance. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout and development of the subdivision. The zoning enforcement officer shall return within 15 days the submitted sketch plans to the subdivider and shall inform the subdivider where the plans do not comply with the regulations set forth in this Ordinance. No fee shall be charged for the pre-application review and no formal application shall be required. Section 123. Procedure for Prelimlnar~ Plat Approval. Prior to the cutting or grading of any street or the making of any street improvements or the installation of utilities, the subdivider shall submit to the Commission a Preliminary Plat of the proposed subdivision in accordance with the following procedure: (12) Such typical street cross-sections and center-line profiles as may be required. (13) Location of streams, lakes, and swamps and land sub- ject to flooding as determined from past history of flooding. (14) Location of land dedicated for a neighborhood park or open space area for subdivisions exceeding ten (lO) lots. (15) Existing zoning district classification of the pro- posed subdivision and of adjoining properties. (16) Inscription stating "NOT FOR FINAL RECORDING." 124.5 Approval from the Health Department. A signed certificate of approval of the Covington County Health Delft" ment shall be placed on the Covington County Plat. ~lication for Preliminar Plat A royal. Fol- 124.6 Certificate of Preliminary Approval. A Certificate pre~onreview of a proposed subdt- of approva] of the Preliminary P~at by the Commission vision, the subdivider shall submit to the zoning enforce- shall be inscribed on the plat as follows: ment officer, at least ten (lO) days prior to the next regular meeting of the Commission, a letter requesting review an~ approval of a preliminary plat, and four (4) copies of the Preliminary Plat and other documents, as specified in Section 124 herein. 123.2 Review of Preliminar~ Plat. The zoning enforcement officer shall check the plat for conformance to the rules and regulations of this Ordinance and report his findings and recommendations to the Commission, which shall afford a hearing on the Preliminary Plat. 123.21 Preliminary Approval. Following the hearing of the Preliminary Plat and other related material, the Commission may express preliminary approval noting the conditions of such approval on four copies of the Preliminary Plat with one copy being returned to the subdivider, one copy to the Covington County Health Depart- ment and one copy to the Office of the Building Inspec- tor for the Council and one copy to be added to the records of the Commission. Approval of a Preliminary Plat does not constitute approval of a Final Plat. It indicates only approval of the layout as a guide to the preparation of the Final Plat. ~t" Preliminary approval shall her effect twelve months from the date of the preliminary approval unless the time is extended by the Commission. 123.23 Disapproval. Following the hearing of the Preliminary Plat and other related material, the Commission may find reasons detrlmental to the publlc safety, health, and general welfare, or in conflict with adopted plans of the Commission which required the disapproval of the Preliminary Plat. A statement of the reasons for disapproval shall be made on two copies of the Preliminary Plat with one copy being returned to the subdivider and one copy being added to the records of the Commission. The applicant may re-apply for Preliminary Plat Approval in accor- dance with Section 123.1 herein. 123.24 Automatic Approval. Fatlure of the Commission "In that all the requirements of Preliminary Approval having been fulfilled, this subdivision plat was given Preliminary Approval by the Florala City Planning Commission on .~ 19_____." The Preliminary Approval does not constlcute approval of the Final Plat. This Certificate of PreliminarY Approval shall expire and he null and void on , 19 ." t e o Zonlng n orcem-ent Ot~'" 124.7 Initiation of Installing Physical Improvements. After receiving a Certificate of Preliminary Approval by the Commission, the subdivider may then proceed to grade the streets and install all improvements required under thls Ordinance and any other applicable regulations of the Council. In lieu of the completion of all improvements prior to submission of the Final Plat, the subdivider -t may post a performance bond with the City Clerk in an amO~n. and with survey conditions satisfactory to it, providing f~11J" and assuring to the Council the actual construction and in~ tion of such improvements within the period of time specif~=" by the Commission and stated in the bond. Section 125. Final Plat Procedure. After completion of the physical development of the subdi" vision or the posting of a performance bond the subdivider shall submit to the Commission a Final Plat in accordance with the following procedure. 125.1 Application for Final Plat Approval. After the Preliminary Plat of a proposed land subdivision has been given preliminary approval by the Commission, the sub- divider, may within one year or within such additional time as may be granted by the Commission, submit to the zoning enforcement officer at least ten (I0) days prior to the next regular meeting of the Commission, the following: 125.11 A letter requesting review and approval of t-h'e-l~Tnal Plat.