The board of zoning adjustment is hereby established. The word "board," when used in this article, shall mean the board of zoning adjustment of the city. The board shall consist of five members, appointed by the city council for terms of three years. The city council shall also appoint two supernumerary members of the board, who shall serve on the board, at the call of the chairman of the board, only in the absence of regular members. While so serving, the supernumerary members shall have and exercise the power and authority of regular members. The supernumerary members shall be appointed to serve for three-year terms, and they shall be eligible for reappointment.

(Ord. No. 1224, 2-26-96)

Meetings of the board shall be held at such times as the board may determine, or upon the call of the chairman. 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 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. The board shall keep records of its examinations and other official actions. All records shall be immediately filed in the office of the board, which shall be the office of the city clerk, and shall be a public record.

(Ord. No. 1224, 2-26-96)

An appeal from the decision of the zoning officer may be taken to the board by any person aggrieved, or by any officer, department, board or bureau of the city affected by such decision. Such appeal shall be taken within a reasonable time, as provided by the rules for the board, by filing with the zoning officer and with the board a notice of appeal specifying the grounds thereof. Any such notice must be filed at least 24 days prior to the meeting of the board at which the applicant wished to have the appeal heard, and shall be accompanied by a survey or drawing which shows, in reasonable detail, the property which is the subject of the appeal and the aspect of such property, or the improvement thereon, which is the reason for the appeal. The board shall fix a reasonable time for the hearing of the appeal and it shall give notice thereof to the party who filed the appeal, to the owners of the property which is adjacent to the property which is the subject of the appeal and to the owners of the property which is separated from the property which is the subject of the appeal, only by a street, and decide the same within a reasonable time. The notice of appeal must be accompanied by a list of the names and addresses of such owners, according to the records of the tax assessor of Jefferson County, Alabama. Upon the hearing of an appeal, any party may appear in person or by agent or attorney.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 18(19-26-3), 5-12-2008)

Upon the filing of an appeal, the zoning officer shall promptly transmit to the board all the papers constituting the record of the matter which is the basis of the appeal. An appeal stays all proceedings relating to the action appealed from unless the zoning officer or the city manager certifies to the board in writing, after the notice of appeal has been filed, that, in his opinion and by reason of the facts stated in the certificate, a stay could cause imminent peril to life or property. In such case, the proceedings shall not be stayed, except by a restraining order granted by the board or by a court which has jurisdiction of the matter.

(Ord. No. 1224, 2-26-96)

In exercising the powers set forth in this article, the board may reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination from which the appeal is taken, and the board may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer 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 an administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this chapter or to effect any variance in this chapter.

(1)

Powers and duties. The board, in appropriate cases and subject to appropriate conditions and safeguards, shall have the following powers: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter; (b) To authorize, upon appeal in specific cases, such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship to the owner of the parcel for which the variance is sought, and so that the spirit of this chapter shall be observed and substantial justice done; such special conditions to be limited to exceptional narrowness, shallowness or shape of a specific parcel existing at the time of the enactment of this chapter, or exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such parcel which would result in peculiar, extraordinary and practical difficulties; (c) before any variance is granted, the board shall consider the following factors, and the board may not grant a variance unless it finds that all of the following factors exist:

a.

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

b.

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.

The condition from which relief or a variance is sought did not result from action by the applicant; and

d.

The authorizing of the variance will not impair an adequate supply of light and air to adjacent property, will not increase noise or the danger of fire or otherwise imperil the public safety or unreasonably increase the congestion in public streets or the risk of flooding or water damage, or unreasonably diminish or impair established property values within the surrounding area and will not in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city; and

e.

The requested variance will be in harmony with the purpose and intent of this chapter.

(Ord. No. 1224, 2-26-96)

The board shall not grant a variance to allow a structure or use in a district restricted against such structure or use except as specifically provided in the following subsections (1) and (2).

(1)

The board may modify the strict application of the provisions of this chapter 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 50 feet where the boundary line of a district divides a parcel held in single ownership on January 23, 1950;

b.

The determination of the proper district applicable to a particular parcel in cases of ambiguity or doubt arising from a difference between the streets as existing and established 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 fire, other casualty, the public enemy or an act of God, but no such variance may be granted which would violate, or be inconsistent with, the provisions of article XXII of this chapter;

d.

The erection, extension and use of a structure, or the use of a parcel not otherwise authorized or permitted by this chapter in any location, by a public service corporation for public utility purposes, which purposes are deemed by the board to be reasonably necessary for the public convenience or welfare;

e.

The reduction in the parking space requirements of this chapter whenever the character or use of a building or a parcel makes unnecessary the required number of parking spaces, or where such regulations would impose an unreasonable hardship, such as structural difficulties, upon the use of the premises;

f.

The erection or placement of a temporary commercial building on a parcel in a residential district to be used exclusively in connection with the construction of a residential development, which building may not be used in connection with such development for more than one year.

(2)

If the board determines, upon the consideration of pertinent evidence, including a view of the parcel in issue and the adjacent property, that a modification authorized in this section will not tend to impair the health, safety, convenience or comfort of the public, including, particularly, that portion of the public occupying the property contiguous to parcel, the board, in its discretion, may modify the strict application of the provisions of this chapter and cause a permit to be issued, upon such reasonable conditions as the board may prescribe, for the location, construction, extension, structural alteration and operation of any of the following uses in any district from which these uses are prohibited or limited by this chapter:

a.

Hospital or institution, provided, that any hospital or institution authorized in any residential district shall be located on a parcel containing at least five acres and shall be set back from all required setback lines an additional distance of at least two feet for each foot of the building height of such hospital or institution;

b.

Commercial, recreational or amusement development for temporary or seasonal periods;

c.

Private club;

d.

Radio or television broadcasting tower;

e.

Public building owned by a governmental agency;

f.

Offstreet parking area, provided, the parking area adjoins a Local Business District, a Professional Office Park District or a Community Shopping District.

To defray a portion of the costs caused by the consideration of an appeal, no appeal from the decision of the zoning officer and no application for an exception, variance or other matter, shall be entered on the docket of, or heard by, or ruled on by, the board until there has been paid to the city clerk a fee in the amount set forth in article XXVII of this chapter, which fee shall be remitted to the treasurer of the city. Once proceedings have begun to publish a notice of a proposed hearing, such fee may not be refunded, in whole or in part. Neither the city nor any officer, agent or employee or the city acting in his official capacity, nor any agency of the city, shall be required to pay such fee.

(Ord. No. 1224, 2-26-96)

A variance shall expire if it is not implemented within one year of the day it is granted. The board may, for good cause presented to it, extend the time for implementation of the variance for a period of six months, provided the request for an extension is presented to the board prior to the expiration of the initial one-year period.

(Ord. No. 1224, 2-26-96; Ord. No. 2003, § 1, 12-11-2017)

If an appeal is denied by the board, another appeal, based on the same facts, may not be filed with the board until a period of six months has passed since the denial of such appeal.

(Ord. No. 1224, 2-26-96)

Any party aggrieved by any final judgment or decision of the board may, within 15 days thereafter, appeal therefrom to the Jefferson County Circuit Court, or to a 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 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 in such court shall be tried de novo.

(Ord. No. 1224, 2-26-96)