A zoning board of adjustment is hereby established. This board shall consist of five (5) members, appointed by the city council for overlapping terms of three (3) years. The appointment, procedure, powers and actions of said board shall be governed and controlled to title 11, chapter 52, article 4, sections 11-52-80 through 11-52-81, Code of Alabama, 1975; and amendments thereto.

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

This board shall adopt and publish its own rules of procedure and keep 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 other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

An appeal from the decision of the city clerk may be taken to this Board by any person aggrieved, or by any officer, department, board or agency of the city affected by such decision. Such appeal shall be taken within a reasonable time, as provided by the rules of this board, by filing with the city clerk and with this board a notice of appeal specifying the grounds thereof.

The city clerk shall forthwith transmit to this board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the city clerk certified to this board after the notice of appeal shall have been filed with him, that by reason of facts stated in the certification 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 this board or by a court of record on application or notice to the city clerk and in due cause shown.

This board shall fix a reasonable time for the hearing of an appeal taken within the time specified by its rules, give public notice thereof, as well as due notice to all adjacent property owners, and decide the same within a reasonable time. Upon the hearing of such appeal, any party may appear in person, or by agent or attorney.

This board in appropriate cases and subject to appropriate conditions and safeguards shall have the following powers:

(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 application of this ordinance.

(2)

To authorize upon appeal in specific cases a variance from the terms of this ordinance such as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, but where the spirit of the ordinance shall be observed and substantial justice done. Such special conditions shall be limited to exceptional narrowness, shallowness or shape of a specific piece of property existing at the time of the enactment of this ordinance, or exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property as would result in peculiar, extraordinary and practical difficulties. However, the granting of the variance shall not allow a structure or use in a district restricted against such structure or use, except as specifically provided for in this article. No variance shall be authorized unless this board finds all of the following conditions exist:

(a)

That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

(b)

That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

(c)

That the condition from which relief or a variance is sought did not result from action by the applicant.

(d)

That the authorizing or the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion on public streets, or increase the danger of fire, or imperil the public streets, or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, comfort, morals, or general welfare of the inhabitants of the city.

(3)

This board may modify the strict application of the provisions of this ordinance and cause a permit to be issued upon such reasonable conditions as it may prescribe in the following cases:

(a)

The extension of a district for a distance of not more than two hundred (200) feet where the boundary line of a district divides a lot or tract held in single ownership at the time of the passage of this ordinance.

(b)

The determination of the proper district applicable to particular land in cases of ambiguity or doubt arising from a difference between the street layout actually on the ground and the street layout as shown on the zoning map.

(c)

The reconstruction of a building, the use of which is nonconforming, which has been destroyed, or partially destroyed, by explosion, fire, act of God or the public enemy.

(d)

The erection, extension and use of a structure, or the use of premises not otherwise authorized or permitted by this ordinance, in any location for a public service corporation for public utility purposes which is deemed reasonably necessary for the public convenience or welfare.

(e)

Reduction in the parking and loading requirements of this ordinance whenever the character or use of a building or premises is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship, such as extreme financial difficulty, structural difficulty or similar condition, upon the use of the property.

(f)

The erection of a temporary building for commerce or industry in the "R" districts which is incidental to the residential development, such permit to be issued for a period of not more than one year.

(4)

In exercising the above mentioned powers, this board may in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the city clerk. The concurring vote of four members of this board shall be necessary to reverse or modify any order, requirement, decision or determination of the city clerk, or to decide in favor of the appellant or applicant on any matter upon which it is required to pass, or to effect any variation from the strict application of the provisions of this ordinance.

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