A board of adjustment is hereby established. The appointment, procedure, powers, and action of said board of adjustment shall be governed and controlled by Code of Ala. 1975, § 11-52-80.

The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance. Meetings 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 shall be open to the public.

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failure to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of a public record and be immediately filed in the office of the board.

(a)

Administrative review. [The board has the power] to hear and decide appeals where it is alleged there is error and in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

(b)

Special exceptions. [The board has the power] to hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance.

In granting a special exception permit, the board of zoning adjustment (the "board") shall consider the advice and recommendations of the city staff and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the board shall make the following findings where applicable:

(1)

The use will not create an excessive burden on existing parks, schools, streets and other public facilities, which serve or are proposed to serve the area.

(2)

The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.

(3)

The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. A site plan is required. If proposed development is located in the Central Business District, the exterior of the building must match the historical character of the district.

(4)

The use, in the opinion of the board, is reasonably related to the overall needs of the city and to the existing land use. Special exception permit must be obtained from the board of such type of developments (retreat center, conference building, convention center, performing arts center) located in B-1, B-3, B-4, M-1, M2, and MIP districts. No development of this type will be allowed on any Residential Districts or as special exception in the same.

(5)

The use is consistent with the purposes of the Zoning Ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(6)

The use is not in conflict with the comprehensive plan of the city.

(7)

The use will not cause traffic hazard or congestion.

(8)

Adequate utilities, access roads, drainage and necessary facilities will be provided.

(9)

In an area with ponds, lakes, rivers, or other natural amenities, topographic, vegetation, and soils conditions on the site will ensure:

a.

Prevention of soil erosion or other possible pollution of public waters, both during or after construction;

b.

Limiting visibility of structures and other facilities as viewed from any natural body of water; and

c.

The site shall have adequate water supply and on-site sewage treatment if applicable. Sewer must be provided if location of the site is within 500 feet of an existing line.

Additional Conditions. In permitting a new special exception or in the alternative or an existing special exception, the board may impose, in addition to these standards and requirements expressly specified by this ordinance, additional conditions which the board considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:

(1)

Lot size must not be less than five acres.

(2)

Height of the building is not more than 35 feet.

(3)

Controlled ingress and egress to property and proposed structures with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

(4)

Utilities, with reference to locations, availability, and compatibility. Any relocation, extension or upgrade required due to construction or renovation of the an existing property is at owner's expense.

(5)

Street width when applicable must meet MPO and comprehensive plan.

(6)

Parking requirements must be met per the parking ordinance.

(7)

Sign location, size, material used must conform to the sign ordinance or must be acceptable by the city planner.

(8)

Provision of buffers, screening, landscaping or other facilities to protect adjacent or nearby property residential properties is with the discretion of the city planner.

(9)

Designation sites for open space and dumpster location. (Dumpster must be fenced or screened.)

The planning department shall maintain a record of all special exception permits issued including information of the use, location, and conditions imposed by the board; time limits, review dates, and such other information as may be appropriate.

Requirements for Submission.

(1)

Site development plan. (12 copies)

(2)

A legal description of the property. The board may also require a boundary survey of the property.

Procedure for Obtaining a Special Exception Permit, Site Plan Review.

(1)

Preapplication meeting. The property owner or his/her agent shall meet with the city planner, and zoning administrator to explain his/her situation, learn the procedures and obtain an application form. At this point, application fee is explained, application form is explained and given to the owner, and meeting date with the TRC and Board discussed.

(2)

Preapplication forms are submitted and requested.

(3)

Technical review committee meeting. City planner will include the application for the special exception permit on the agenda for review by the TRC. Applicant(s) or his/her agent shall meet with the TRC to review the proposal.

(4)

The applicant(s) shall file the completed application form together with the required exhibits under subdivision 3 and the application fee with the city planner, at the time of application, according to the following schedule:

Homestead application: $50.00 plus cost for legal publication.

Commercial application: $100.00 plus cost for legal publication.

(5)

Revocation of special exception permit. In the event that the applicant violates any of the conditions set forth in this permit, the city council shall have the authority to revoke the special exception permit.

(6)

Special use permit will be considered null and void when applicant cease to operated within 12 consecutive months [ceases to operate for 12 consecutive months].

(7)

Limitation on reapplication following denial. No application of a property owner for a special exception shall be considered by the board of zoning adjustment within a one-year period following a denial for such a request, except the board may permit a new application if in its opinion new evidence or a change in circumstances warrant it.

(c)

Variances. [The board has the power] to authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until a written application for a variance is submitted demonstrating all of the following:

(1)

That special conditions and circumstances exist which are peculiar to the lands, structures, or buildings involved and which are not applicable to other lands, structures, or buildings in the same district.

(2)

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

(3)

That the special conditions and circumstances do not result from the actions of the applicant.

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance.

The board of adjustment shall not grant a variance to permit a use expressly or by implication prohibited by the terms of this ordinance in said district.

(d)

Decisions of the board of adjustment. In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

(e)

Duties of administrative official, board of adjustment, city government, and courts on matters of appeal:

(1)

Appeal to the board of adjustment and to the courts. It is the intent of the governing authority of the city that all questions of interpretation and enforcement of this ordinance shall be presented first to the administrative official. Other than those applications and matters upon which the terms and provisions of this ordinance may require action and decision by the said board of adjustment, only the appeals taken in the manner and form as provided in this ordinance from the actions and decisions of the administrative official will be considered and acted upon by the said board of adjustment. However, any interested party who is aggrieved by any action or decision of the said board of adjustment may take an appeal therefrom to a court of law, as provided for in the state law.

(Ord. No. 1082, § 3, 12-12-2000)