The Board of Adjustment heretofore established is hereby continued, and its members are appointed and vacancies filled in accordance with §11-52-80 and 11-52-81 of the Code of Alabama, 1975, as amended. All members of the Board must be residents of the City.

Meetings of the Board are held at the call of the chairman at such times and places as the Board determines. The chairman, or in the absence of the chairman the co-chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board are open to the public. The Board adopts and publishes its own rules of procedure and keeps minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact; and keeps records of its examinations and of other official actions, all of which are filed in the office of the Board and are a public record.

The Board has the following powers:

12.03.01 Interpretation of Boundaries. To hear and decide upon interpretation of the boundaries of districts established and shown on the map in accord with criteria specified in Section 1.09.03.

12.03.02 Administrative Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a City official, other than the City Council, acting under the authority of this Ordinance.

12.03.03 Variances. To hear and decide appeals for a variance from the provisions of this Ordinance where owing to special conditions a literal enforcement of such provisions would result in unnecessary hardship, but where the spirit of the Ordinance can be observed and substantial justice done.

12.03.04 Special Exceptions. To hear and decide special exceptions as set out in this Ordinance.

12.04.01 Appeals to the Board of Adjustment may be taken by any person or by any officer, department or board of the City aggrieved or affected by any zoning-related decision of the Zoning Official.

12.04.02 All appeals must be filed in writing on forms prescribed by the Board and made available by the Zoning Official. Such appeals must be filed with the Zoning Official within 15 days of the date of the action being appealed. The Zoning Official must forthwith transmit to the Board papers constituting the record upon which the action appealed was taken.

12.04.03 An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Official certifies to the Board after the notice of the appeal has been filed, that by reason of facts cited in such certification a stay would, in the Zoning Official's opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record.

12.04.04 The Board shall select a reasonable time and place for hearing the appeal. At least five days prior to the scheduled Board hearing, the Zoning Official must give written notice of the appeal to all adjacent property owners.

12.04.05 The Board may affirm, reverse wholly or in part, or modify the Zoning Official's decision, order, or determination as in its opinion ought to be done, and to that end has all the powers of the Zoning Official. In exercising the power of administrative review, the Board must apply, not vary, the terms of this Ordinance.

12.04.06 No appeal of an administrative decision may be reheard by the Board.

12.05.01 Any property owner may file an application for a variance from the requirements of this Ordinance where it is claimed that, by reason of exceptional narrowness, shallowness, or shape or by reason of other exceptional topographic conditions, or other extraordinary and exceptional situations or conditions of such piece of property existing at the time of the adoption of this Ordinance, the strict application and literal enforcement of the provisions of this Ordinance would result in peculiar, exceptional, undue, and unnecessary hardship upon such owner.

12.05.02 It is the intent of this Ordinance that variances be used only to overcome some physical condition of a parcel of land, which poses a practical difficulty to its development and prevents its owner from using the property in conformance with the provisions of this Ordinance.

12.05.03 Variance applications must be filed with the Zoning Official or Secretary of the Board at least 30 days before the scheduled hearing date before the Board and may only be filed by the property owner or their authorized representative. At least five days prior to the scheduled hearing, the Zoning Official must give written notice of the application to all adjacent property owners.

12.05.04 The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted.

12.05.05 The granting of a variance may not permit the establishment of a use that is not otherwise permitted in the applicable district.

12.05.06 The Board uses the following guidelines in evaluating variance requests:

A.

There must be proof of unique and special circumstances and conditions applicable to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the vicinity, and which circumstances or conditions are such that the strict application of the provisions of this Ordinance would deprive the applicant of reasonable use of such land or buildings.

B.

There must be proof of unnecessary hardship resulting from the application of this Ordinance. Such hardship must be suffered directly by the property in question. It is not sufficient proof of hardship to show that greater value or profit would result if the variance were granted. Furthermore, the hardship claimed cannot be self-created; nor can it be established on this basis by one who purchases the property with or without knowledge of the restrictions.

C.

The granting of the variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood.

D.

The granting of the variance will not confer upon the applicant any special privilege that is denied by this Ordinance to other land or structures in the same zoning district.

E.

The granting of the variance is necessary for the reasonable use of the land or building and the variance as requested is the minimum variance that will accomplish this purpose.

F.

The granting of the variance will be in harmony with the general purpose and intent of the regulations imposed by this Ordinance on the applicable district and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

G.

Such other factors as set out by Alabama State Law.

12.05.07 The Board may prescribe any safeguards or conditions that it deems necessary to secure substantially the objectives of the provisions of this Ordinance to which the variance applies. Violations of conditions lawfully attached to any variance constitute violations of this Ordinance.

12.06.01 Special Exception applications must be filed with the Zoning Official at least 30 days before the scheduled hearing date before the Board of Adjustment.

12.06.02 At least five days prior to the scheduled hearing of the Board, the Zoning Official must give written notice of the proposed special exception to all adjacent property owners.

12.06.03 The Board reviews the application for compliance with this Ordinance and all other applicable codes and Ordinances of the City. In particular, the Board must determine that satisfactory provisions have been made concerning the following, among other considerations of this Ordinance:

A.

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.

B.

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

C.

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

D.

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

E.

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

F.

The availability, location, and capacity of utilities.

G.

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

H.

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

12.06.04 The Board may impose such conditions for approval that it deems necessary in the particular case to protect the public interest and the intent of the Comprehensive Plan and this Ordinance in relation to the items listed above and as may otherwise be reasonably necessary. Such conditions apply to the land, structure, and use for which the special exception is granted and not to a particular person. Violations of conditions lawfully attached to any special exception are deemed to be violations of this Ordinance.

12.06.05 The Board may grant special exceptions to allow the location and usage of a manufactured home for human habitation in any zoning district permitting residences. Applicants must apply in writing showing justification and provide a list of all adjacent property owners showing mailing addresses as well as a scale drawing of the proposed site with the desired manufactured home location shown. Such special exception may be granted only if all of the following conditions are met:

A.

If located within a single-family residential district, the owner of the manufactured home must reside on the premise.

B.

The property owner must demonstrate extenuating circumstances such as family hardship, practical difficulty, economic or other reasons deemed to be acceptable by the Board.

C.

Special exceptions may be granted for no more than five years. At the termination of the granted period, the property owner must either remove the manufactured home from this location, or apply for another special exception.

D.

Such special exceptions are not transferable. If there is a change of land ownership, the new property owner must apply for a new special exception if desired.

E.

Before granting or denying any such request the Board, after conducting a public hearing, must consider the justifications or circumstances involved as well as the objections or lack of objections of adjacent property owners, and the possible effects on neighborhood property values or qualities of life.

12.06.06 The Board may also grant special exceptions for business use of a manufactured building in a business or industrial zone upon showing of catastrophic circumstances created by Act of God or casualty damage. Such special exceptions will be valid for a period not exceeding one year and are not transferable.

Prior to a hearing before the Board regarding an administrative appeal, variance or special exception, the Zoning Official must give written notice of the appeal or request to all owners of property adjoining the property which is the subject of the hearing. Notice is deemed given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as submitted with the application. Such notice must state the name of the applicant, the location of the property, the nature of the appeal or request, and the time, date and location of the Board's hearing.

The Board 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.

12.08.01 An abatement hearing may be held by the Board either upon petition signed by any person affected by the nuisance or upon its own initiative. Notice of the hearing must be sent by registered mail to the owners and/or operator of the property on which the use is conducted in addition to due notice or advertisement in a newspaper of general circulation.

12.08.02 Only after a public hearing on the matter and after having been presented with reasonable evidence of the nuisance, the Board may direct the Zoning Official to issue an abatement order. The order will specify the date by which the hazard or nuisance must be abated.

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

A.

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.

B.

The decision resulted from an error in procedures required by this Ordinance or State law and made by the Board, the Zoning Official, or any other City Officials.

C.

The decision resulted from an error in substantive law under the provisions of this Ordinance or the Code of Alabama, 1975, as amended.

12.09.02 Any applicant wishing a rehearing must first appear before the Board to present one or more of the qualifying conditions listed in this Section. Where no error is alleged and no new evidence is available, a new or more effective presentation by the applicant will not constitute grounds for a rehearing by the Board.

12.09.03 If the Board finds that one or more of the qualifying conditions exist, the applicant will be permitted to submit a new application. This new application will be heard at a subsequent Board meeting subject to all regular advertising and procedural requirements. Allowing a new application does not obligate the Board to grant the request.

Any party aggrieved by any final judgment or decision of the Board may, within 15 days thereafter appeal therefrom to the circuit court or court of like jurisdiction, by filing with the Board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, the Board will 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.