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eBook details

• Title: Board Zoning Adjustment for City Lanett V.
• Author : Supreme Court of Alabama
• Release Date : January 21, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

SIMPSON, Justice. Boykin appealed to the circuit court from a decision rendered by the Board of Zoning Adjustment wherein
the Board sustained a decision of the Building Inspector of the City of Lanett in refusing to grant to Boykin a building permit.
The circuit court, upon a trial de novo as authorized by § 783, Title 37, Code of 1940, reversed the decision of
the Board of Adjustment and entered a judgment granting a permit to Boykin. From that judgment, the Board of Adjustment brings
this appeal. The City of Lanett adopted in 1946, a zoning ordinance. The ordinance provided that any structure or use existing at the
time of the enactment of the ordinance might continue even though such structure or use was not in conformity with the ordinance.
(Art. 10, § 102.1.) The ordinance further provided that a nonconforming use or structure could not be extended unless
the extension conformed with the regulations of the ordinance for the district in which it was located. (Art. 10, §
102.2.) Whenever a nonconforming use of any structure had been discontinued for one year, by the provisions of the ordinance,
it could not be re-established or changed to any use not in conformity with the ordinance. (Art. 10, § 102.4.) The
ordinance also contained a provision that no structure or part thereof could be erected or altered unless in conformity with
the regulations for the district in which it is located. (Art. 10, § 101.) On the effective date of the zoning ordinance
and continuously thereafter, appellee has held title to a dwelling located in an area designated as 'Residence 'A' District'.
The residences within such district were restricted by the zoning ordinance to that of single family dwellings. (Art. 2, §
21.1.) In 1949, the appellee applied to one Allen, building inspector for Lanett at that time, for a building permit to refloor
50% of the floor space, re-roof 50% of the dwelling, replace and repair windows, install two additional bathrooms, install
separate heating, lighting and water systems, and make three separate entrances. Allen, the building inspector, informed the
appellee that it was not necessary to issue him a building permit and gave him oral permission to proceed with the repairs,
which appellee endeavored from time to time to do. In July 1955, the appellee was ordered to stop work on the premises by
the City of Lanett.

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