The board shall consist of five (5) members, each to be appointed for a term of three (3) years by the city council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Each member may be removed for cause by the appointing authority upon written charges and after a public hearing.

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

The board shall adopt and publish its own rules of procedure and keep the minutes of its proceedings, showing the vote of each member upon each question or [,] if absent or failing to vote, indicating such fact, and shall keep records of its examinations and of other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record.

The board of adjustment shall have the following powers:

1404.1 To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector in the enforcement or administration of this ordinance, such as:

(a)

Hear and decide upon requests for the interpretation of the provisions of this ordinance; or

(b)

Determine the precise location of boundary lines between zoning districts where there is dissatisfaction with a decision upon said subject made by the building inspector; or

(c)

Classify a use which is not specifically mentioned along with a comparable permitted use for purpose of the use regulations of any zoning district; or

(d)

Determine the off-street parking and loading space requirements of any use which is not mentioned in Article X, either by classifying with one of the groups listed in Section 1001.3 or by analysis of the specific need.

1404.2 To hear and decide special exemptions as defined in this ordinance. Any special exception shall include as a condition the building area, any accessory structures, fences and other similar appurtenances, none of which shall be altered without, authorization by the board.

1404.3 To authorize upon appeal in specific cases such variance from the terms of this ordinance where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship. Such variance may be granted when all of the basic conditions listed in the following, together with any one of the special conditions listed thereafter, can be satisfied:

(a)

Basic conditions: That any variance granted:

(1)

Will not be contrary to public interest and will insure that the spirit of this ordinance shall be observed;

(2)

Shall not permit the establishment within a district of any use which is prohibited;

(3)

Will not cause a substantial adverse effect to property or improvements in the vicinity or in the district in which the applicant is located;

(4)

Relates to property that is under the control of the applicant; and

(5)

Shall include as a condition to the variance the building area, any accessory structures, fences and other similar appurtenances, none of which shall be altered without authorization by the board.

(b)

Special conditions: When the foregoing conditions can be satisfied, a variance may be granted when any one of the following conditions can be clearly demonstrated to apply:

(1)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations;

(2)

Where there are exceptional or extraordinary circumstances or conditions pertaining to the particular piece of property in question of its size, shape or topography, which are peculiar to that piece of property, but do not generally apply to other property in the same zoning district and have not resulted from the adoption of this ordinance; and

(3)

Where such is necessary for the preservation of a substantial property right possessed by other properties in the vicinity in the same zoning district.

1404.4 The board of adjustment may require the conduct of any use, conforming or non-conforming, which results in unreasonable noise, smoke, gas, vibration, dust, fire, radio interference, explosive hazard, or public nuisance to surrounding property, or to the community as a whole. Such use shall be modified or changed to abate such hazard to health, safety, comfort and/or convenience. The board may direct the building inspector to issue an abatement order, but such order may be directed only after a public hearing by the board, notice of which shall be advertised in a local newspaper of general circulation, and shall be sent by certified mail to the owners and/or operators of the property on which the objectionable use is conducted. A hearing to consider issuance of an abatement order shall be held by the board either upon petition signed by any person affected by the hazard or nuisance, or at the initiative of the board by majority vote. An abatement order shall be directed by the board only upon reasonable evidence of hazard or nuisance, and such order shall specify the date by which the hazard or nuisance shall be abated.

1404.5. A variance granted shall expire six (6) months after granted unless the person granted the variance has fully completed the work or project for which the variance was granted. (Ord. No. 2011-03, 6-20-11)

(Ord. No. 1988-7, § 2, 6-6-88)

When, in its judgment, the public welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, the board of adjustment may in specific cases, after due notice and public hearing, determine and grant variances from the terms of this ordinance, in the following instances:

1405.1 Reduce, modify or waive lot area, side yard, setback, lot width, height and street frontage requirements. (Ord. No. 1978-2, § 1, 2-6-78)

1405.2 Reduce, modify or waive special conditions which are attached to a specific use, provided that the variance from such special conditions will not cause any substantial adverse effects to adjoining property or to existing or projected improvements in the vicinity.

1405.3 Reduce off-street parking requirements based on the shared use of parking areas as discussed in subsection 1001.3(z).

1405.4 Reduce or modify off-street parking or loading space requirements. (Ord. No. 1978-2, § 1, 2-6-78)

An appeal may be taken to the board by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the building inspector.

1406.1 Such appeal be taken within a reasonable time, as provided by the rules of the board, by filing with the board of adjustment a notice of appeal specifying the grounds thereof and by the payment to the city clerk of a filing fee of sixty dollars ($60.00) to cover the cost of technical study, investigation, and publication necessary in connection with such appeal. No such appeal shall be considered filed until such filing fee has been paid.

1406.2 The officer from whom the appeal is taken shall transmit to the board all papers constituting the record of the action which was appealed. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from who [whom] the appeal is taken certifies to the board of adjustment that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record.

1406.3 The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the public hearing, any party may appear in person or by agent or attorney.

(Ord. No. 1986-7, 6-2-86)

State Law reference— Similar provisions, Code of Ala. 1975, § 11-52-80.

Any party aggrieved by any final judgment or decision of the board of adjustment may within fifteen (15) days thereafter appeal to the circuit court or court of like jurisdiction. In case of such appeal, the board shall cause a transcript of the proceedings in the case to be certified to the court in which such appeal is taken and the case in such court be tried de novo.

State Law reference— Similar provisions, Code of Ala. 1975, § 11-52-81.