(a)

Appointment, duties and responsibilities. The zoning board of adjustment ("the ZBA") previously established is hereby continued, and its members are appointed and vacancies filled in accordance with Code of Ala. 1975, §§ 11-52-80 and 11-52-81.

(b)

Meetings, procedures and records. Meetings of the ZBA are held at the call of the chairman and are open to the public. The ZBA may adopt and publish rules of procedure; keep minutes of its proceedings; and keep records of its official actions, all of which must be a public record.

(c)

Powers and duties. The ZBA has the following powers:

(1)

Interpretation of boundaries. To hear and decide upon interpretation of district boundaries shown on the official zoning map in accord with criteria specified in section 62-6(b).

(2)

Administrative appeals. To hear and decide appeals of any order, requirement, decision or determination made by the building official, acting under the authority of this chapter in accordance with section 62-182, administrative appeals.

(3)

Variances. To hear and decide appeals for a variance from the provisions of this chapter in accordance with section 62-183, variances.

(4)

Special exceptions. To hear and decide requests for special exceptions for uses designated in articles IV, V and VI and any other special exceptions provided for in this chapter in accordance with section 62-184, special exceptions.

(Ord. No. 2020-16, § 13.01, 3-16-2020)

Appeals to the ZBA may be taken by any person aggrieved by a decision made by the building official relating to the provisions of this chapter.

(1)

Procedure.

a.

Appeals must be taken within 60 days of the date of the administrative decision being appealed. Appeals must be filed in writing on forms made available by the city. All documentation constituting the record upon which the action appealed from was taken must be transmitted to the ZBA.

b.

An appeal stays all proceedings in furtherance of the action appealed from, unless the building official certifies to the ZBA after the appeal has been filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings will not be stayed except by a restraining order granted by the ZBA or by a court of record.

c.

The ZBA will hold a public hearing on the appeal, with public notice given including due notice to the parties in interest. The appellant or their agent must appear at the hearing.

(2)

Decision. The ZBA may affirm, reverse wholly or in part, or modify the building official's decision.

(Ord. No. 2020-16, § 13.02, 3-16-2020)

The ZBA may authorize variances from the terms of this chapter when, due to exceptional conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of the regulation is observed, the public safety and welfare secured, and substantial justice done. Eligible conditions, include but are not limited to, exceptional narrowness, shallowness, shape and topography of the subject lot. The existence of a nonconformity in the same district, or of permitted or nonconforming uses in other districts, does not constitute a reason for a variance.

(1)

Procedure.

a.

The applicant must submit a variance application indicating the provision of this chapter from which relief is sought. Scaled and dimensioned drawings indicating locations of existing and proposed structures, relationship to adjacent properties, and all alleged physical constraints must accompany the application. Photographs documenting the existing conditions may be included with the application. The scale drawing must have a vicinity sketch and the ZBA may require a survey.

b.

The application must be submitted to the ZBA in compliance with its adopted procedures at least 21 days before the scheduling ZBA hearing date.

c.

The city notifies all adjoining property owners by certified letter of the time and place of the ZBA meeting and the nature of the proposed variance at least seven days prior to the meeting. The applicant must furnish the names and current addresses of the adjoining property owners with the application.

d.

The applicant, or authorized agent, must attend the ZBA meeting.

(2)

Duration of approval. Approval of the variance is void if a building permit has not been issued within 12 months of the effective date of approval.

(3)

Criteria. Variances may be granted in such individual cases of unnecessary hardship upon a finding by the ZBA that all of the following criteria are met:

a.

There are exceptional conditions peculiar to the land or buildings, including but not limited to its size, shape, or topography that are not generally applicable to other lands or structures in the vicinity.

b.

There is proof of an unnecessary hardship suffered directly by the property in question resulting from the application of this chapter. Variances granted under similar conditions on other properties is not sufficient evidence to prove an unnecessary hardship. Nor is it sufficient to show that greater value or profit would result. An unnecessary hardship is not self-created; nor can it be established on this basis by one who purchases the property with or without knowledge of the restrictions.

c.

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

d.

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

e.

The variance will be in harmony with the purpose and the intent of these regulations and will not be injurious to the neighborhood or to the general welfare.

f.

The variance requested is the minimum variance that will enable the reasonable use of the property.

g.

The variance is not a request to permit a use of land, building, or structure which is not permitted in the district involved.

(4)

Conditions. The ZBA may prescribe any safeguards or conditions that it deems necessary to secure substantially the objectives of the provisions from which relief is sought. Any conditions apply to the land, structure, and use and not to a particular person. Violations of conditions attached to a variance are considered violations of this chapter.

(Ord. No. 2020-16, § 13.03, 3-16-2020)

(a)

Procedure.

(1)

Applications for special exceptions must be filed by the owner, or authorized agent, on forms made available by the city, at least 21 calendar days before the scheduled hearing date before the ZBA.

(2)

The city notifies all adjoining property owners by certified letter of the time and place of the ZBA meeting and the nature of the proposed special exception at least seven days prior to the meeting.

(3)

The applicant, or authorized agent, must attend the ZBA meeting.

(b)

Duration of approval. Approval of the special exception is void if a building permit has not been issued within 12 months of the effective date of approval.

(c)

Criteria. The ZBA will review requests for compliance with this chapter and all other applicable regulations of the city. The ZBA must determine that satisfactory provisions have been made concerning the following, among other considerations:

(1)

Access to and from the property and the proposed structure and/or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

(2)

The location and accessibility of off-street parking and loading areas.

(3)

The location and accessibility of refuse and service areas and potentially adverse effects on surrounding properties.

(4)

The screening and buffering of potentially adverse views and activities from surrounding properties.

(5)

Control of noise, glare, odor, surface water runoff, and other potentially disturbing impacts upon surrounding properties.

(6)

The availability, location, and capacity of utilities.

(7)

The location and scale of signs and lighting with regard to traffic safety, glare, and compatibility with surrounding properties.

(8)

The bulk, density, and lot coverage of structures, and yards and open areas, with regard to their compatibility with the character of the surrounding area.

(d)

Conditions. The ZBA may impose such conditions for approval that it deems necessary in the particular case to protect the public interest and the intent of the master plan and this chapter in relation to the items listed above and as may otherwise be reasonably necessary. Any conditions apply to the land, structure, and use and not to a particular person. Violations of conditions attached to any special exception are considered violations of this chapter.

If the ZBA finds the proposed request is not within the spirit and intent of the district or regulation from which the exception is sought, does not meet, or is not capable of meeting, despite conditions the ZBA could reasonably impose, the above criteria, the ZBA may disapprove the request, providing the grounds for disapproval in writing to the applicant.

(e)

Home occupations. The ZBA may authorize special exceptions for home occupations in residential districts in accordance with the procedures in this section. Consideration of a special exception for a home occupation will be determined using the standards set out in section 62-99, home occupations as a guide.

(Ord. No. 2020-16, § 13.04, 3-16-2020)

The ZBA may require the conduct of any use, conforming or nonconforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, radio interference, or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort, and convenience. The ZBA may direct the building official to issue an abatement order, but such order may be directed only after a public hearing by the ZBA, notice of which is sent by registered mail to the owners and/or operators of the property on which the use is conducted and to owners of property within 300 feet of the concerned property, in addition to due notice by advertisement in a newspaper of general circulation. The ZBA holds an abatement hearing upon receipt of a petition signed by any person affected by the hazard or nuisance or on its own initiative. The ZBA will issue an abatement order only upon finding that reasonable evidence has been presented of the hazard or nuisance. The order must specify the date by which the hazard or nuisance must be abated.

(Ord. No. 2020-16, § 13.05, 3-16-2020)

(a)

All decisions rendered by the ZBA are final and binding on all parties. No appeal of an administrative decision, or decision on a variance or a special exception may be reheard, and no further application may be accepted once a decision has been rendered except under one or more of the following conditions:

(1)

New evidence or information pertinent to the request has been discovered which was not available to the applicant at the time of the original hearing.

(2)

The decision resulted from an error in procedures made by the ZBA, the building official, or any other city officials.

(3)

The decision resulted from an error in substantive law under the provisions of this chapter or the Code of Alabama.

(b)

Where no error is alleged and no new evidence is available, a new or more effective presentation by the applicant does not constitute grounds for rehearing. Any applicant wishing a rehearing must appear before the ZBA to present one or more of the qualifying conditions listed in this section. If the ZBA finds that one or more of the qualifying conditions exist, the applicant may submit a new application to be heard at a subsequent meeting.

(Ord. No. 2020-16, § 13.06, 3-16-2020)

Any party aggrieved by any final judgment or decision of the ZBA may within 15 working days thereafter make an appeal to the circuit court or court of like jurisdiction, by filing with the ZBA a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, the ZBA must cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken and the cause in such court will be tried de novo.

(Ord. No. 2020-16, § 13.07, 3-16-2020)