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Description: SECTION ONE. During the time that this Ordinance is in effect, no building permits or other land use permits shall be issued by the City for any new construction or development involving above-ground oil or petroleum storage tanks that exceed 5,000 gallons in storage capacity on properties within the areas described in Section Two of this Ordinance unless the issuance thereof has first been approved by the affirmative adoption of an authorizing Resolution of the City Council. SECTION TWO. The areas subject to the requirements of this Ordinance are as follows: (a). All properties located North of Bay Bridge Road and New Bay Bridge Road; (b). All properties located South of Bay Bridge Road, New Bay Bridge Road, and South Craft Highway, bounded on the East by the Mobile River, and bounded on the West by a line extending along St. Stephens Road to Springhill Avenue to Broad Street to Duval Street; and, (c). All properties located South of Doyle Avenue and Perimeter Road, bounded on the East by Mobile Bay, and bounded on the West by Dauphin Island Parkway to the City limits. A map of the areas subject to the requirements of this Ordinance is attached hereto. SECTION THREE. From the effective date of this Ordinance, and continuing for the time specified in Section Four of this Ordinance, the land use and urban development department of the City of Mobile shall not issue any building permits or other land use permits, and shall not act on any applications for planning approvals, zoning amendments, subdivision approvals, and planned unit developments, for any new construction or development involving above-ground oil or petroleum storage tanks that exceed 5,000 gallons in storage capacity on properties within the areas described in Section Two of this Ordinance unless the issuance thereof has first been approved by the affirmative adoption of an authorizing Resolution of the City Council. SECTION FOUR. The requirements of this Ordinance shall be in full force and effect from the effective date of this Ordinance until the Planning Commission and the CityCouncil have had the opportunity to consider proposed zoning code amendments for the areas defined above, or until the expiration of one hundred eighty (180) days from the effective date of this Ordinance, whichever occurs first, unless the time limit is extended by action of the City Council. SECTION FIVE. The requirements of this Ordinance shall not apply to any routine maintenance or replacement of pre-existing oil or petroleum storage tanks, so long as said routine maintenance or replacement does not increase the size of any pre-existing tanks or the number of such tanks located on any parcel of property. SECTION SIX. Any person or entity that desires a building permit or other land use permit for any new construction or development involving above-ground oil or petroleum storage tanks that are subject to the requirements of this Ordinance shall first make application with the land use and urban development department. After such application has been made, the matter of whether the application for a permit shall be authorized by the City Council shall be placed on the Council's Agenda in the form of a Resolution. At the time that such matter is placed on the Council's Agenda, the land use and urban development department shall provide a written report to the Council, in a form that is substantially similar to the staff reports routinely provided to the Planning Commission, that explains in detail the nature of the application, the planned uses that the applicant intends to make of the property, and a recommendation of the department. SECTION SEVEN. The land use and urban development department is hereby given full and complete authority to do all that is necessary to enforce the requirements of this Ordinance. SECTION EIGHT. In the event that a hurricane, tropical storm, or other natural disaster occurs that adversely and materially affects the areas subject to this Ordinance, then the Council, in the exercise of its legislative discretion, shall have the authority, but not the obligation, to adopt an appropriate ordinance or resolution declaring this Ordinance to be immediately null and void. SECTION NINE. Any person or entity that owns property in the areas subject to this Ordinance who claims that the requirements of this Ordinance cause a substantial and unnecessary hardship on the owner's use or enjoyment of his or her property may appeal to the City Council for relief from the requirements of this Ordinance. Any person or entity seeking such relief shall first file a written statement with the Clerk of the City of Mobile setting forth the nature of the claimed hardship, the reasons why such a claimed hardship exist, and the relief requested. Upon the filing of such statement, the Council shall conduct a public hearing on the question of whether a substantial and un- necessary hardship exists, and such public hearing shall be held within thirty (30) days of the date that the statement is filed. The Council, after conducting the public hearing, may take such action as it deems advisable and expedient in the exercise of its legislative discretion, including but not limited to granting a waiver or variance (with or without specified conditions) from the requirements of this Ordinance.SECTION TEN. This Ordinance shall be effective upon its passage and publication as required by law. Adopted: December 31, 2013 Lisa C. Lambert, City Clerk

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Copyright Text: Code of Ordinances - 2013 - Ordinance No. 11-042

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