A board of adjustment is hereby established, which shall consist of nine members to be appointed by the city council. All members shall have demonstrated education, training, and/or experience in the fields of urban planning, engineering, architecture, law, construction, land development, land management, or real estate. One member shall be appointed for a term of three years, two members for two years, and two members for one year. Thereafter, each member appointed shall serve for a term of three years or until his successor is duly appointed and qualified. Members of the board of adjustment may be removed from office by the city council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the city council for the unexpired term of the member affected.

(Ord. No. 14-2025, 5-6-2025)

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 failing 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. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this ordinance.

b.

Special exceptions. 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.

c.

Variances. To authorize upon appeal in specific cases such variances 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 land, structure or building 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.

d.

Decisions of the board of adjustment. In exercising the abovementioned 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 court. 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 decision of the administrative official will be considered and acted upon by the said board of zoning 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. 34-65; Ord. No. 23-76, § 1)

All applications to the board of adjustment for interpretations, special exceptions or variances relative to residential properties must be accompanied by a check payable to the City of Montgomery, Alabama, or cash in the amount of $25.00 to defray the cost of processing. All applications to the board of adjustment for interpretations, special exceptions or variances relative to commercial, office, industrial, or multiple residential must be accompanied by a check payable in like manner or cash in the amount of $50.00. Application for variance concerning repair and/or alteration to an existing residential structure shall be accompanied by cash or check in the amount of $10.00 made payable to the City of Montgomery. In the event of an appeal from a board of adjustment decision on said application, in which the requested action was granted, the applicant shall be primarily responsible for the legal defense of said appeal.

(Ord. No. 31-73; Ord. No. 77-77, § 1)