The Board of Zoning Adjustment, Code of Ala. 1975, § 11-52-80, shall have the powers, duties and responsibilities identified herein below.

1701.01 Administrative review. The Board of Zoning Adjustment shall hear and decide appeals where it is alleged that there has been any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance, such as:

a.

In the interpretation of the provisions of this Ordinance;

b.

In the determination of the precise location of a boundary line between zoning districts; or

c.

In the classification of a use which is not specifically listed in the use regulations of any zoning district, and for which there is no reasonably comparable use so listed.

In exercising the power of administrative review, the Board of [Zoning] Adjustment must apply, and not vary, the terms of this Ordinance.

1701.02 Special exceptions. Within this Ordinance, there are exceptions to certain uses of land that may be permitted in the respective zoning districts. In all such cases, where a use is listed as being "permitted on appeal only," The Board of Zoning Adjustment is specifically authorized to hear and decide such special exceptions as follows:

a.

Hold public hearing and decide such questions as are involved in determining whether or not a permit for a special exception should be granted;

b.

To ensure that special exceptions are granted only when they conform to the spirit and intent of this Ordinance; and

In exercising this authority, the Board shall follow the language of this Ordinance exactly, and shall make certain that all of the applicable conditions and requirements specified in this Ordinance have been met.

1701.03 Variances. The Board of Zoning Adjustment shall have the authority to grant, upon appeal in specific cases, such variances from the terms of this Ordinance as will not be contrary to the public interest; and where, owing to special conditions or circumstances unique to a specific property, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship. However, in the course of hearing, considering and ruling on such appeals (as set forth herein below), the Board shall act such that the spirit of this Ordinance will be observed and substantial justice done.

a.

In considering an appeal for any variance, the Board shall consider the following guidelines:

1)

There are extraordinary and exceptional conditions which are peculiar to the particular piece of property in question, because of its size, shape or topography, that are not applicable to other land or structures in the same zoning district.

2)

Granting the requested variance will not confer upon the applicant any special privileges that are denied to other owners of the same zoning district in which the property in question is located.

3)

A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the zoning district in which the property in question is located.

4)

The requested variance will be in harmony with the purpose and intent of this Ordinance, and will not be injurious or detrimental to the neighborhood or to the general welfare.

5)

The extraordinary and exceptional circumstances referred to hereinabove are not the results of the actions of the applicant (i.e., a self-imposed hardship).

b.

In determining whether or not a hardship has been imposed on a property as a result of the strict interpretation of this Ordinance, the following conditions shall not be considered pertinent:

1)

Proof that a variance would increase the financial return from the land;

2)

Personal hardship; or

3)

Self-imposed hardship.

c.

Neither shall the following conditions be considered grounds for the granting of a variance:

1)

Any nonconforming use of neighboring land, structure(s) or building(s) in the same zoning district; or

2)

Any use of land, structure(s) or building(s), whether permitted or nonconforming, in any other zoning district.

d.

In no case shall the Board grant any variance that permits the extension of, or addition to, a nonconforming use; or which in any way makes a nonconforming use more permanent.

e.

In all cases, the Board shall consider the minimum variance necessary to make possible the legal use of the land, building or structure or question.

The Board of Zoning Adjustment is composed of five members appointed individually by the City Council for a term of three years. Each member of this Board serves without pay and may be removed for cause.

The Chairman of the Board has ordered a standing meeting date on the fourth Monday of each month. Petitions to be heard at any regular meeting of the Board may be filed by any owner with a legal interest in the property in question, or by said owner's authorized agent (in which case a notarized letter is required). Such petition/application must be filed in Office of the Zoning Officer, and shall be scheduled for hearing by the Board in accordance with the hearing and application deadline dates adopted by resolution of the City Council. The petition/application shall state the nature of the request, and shall be accompanied by a deed and plot plan (site development plan). All regular meetings of the Board of Zoning Adjustment are open to the public; are held in the _______ and begin at _______ a.m./p.m.

After the Board of Zoning Adjustment has voted on a petition or application, another application of the same nature for the same tract or parcel of land will not be considered until a period of six months has elapsed (from the date of such action by the Board). However, the Board may adjust this time period if, in the opinion of a majority of said Board, an unusual situation or circumstance exists which would warrant another hearing prior to the conclusion of the specified six months.

Any party aggrieved by a final judgment or decision of the Board of Zoning Adjustment may, within 15 days thereafter, appeal therefrom to the Circuit Court (or Court of like jurisdiction) by filing with such Court a written notice of appeal specifying the judgment or decision from which the appeal is taken.