The Zoning Board of Adjustment ("Board" or "Zoning Board") of the City of New Hope is hereby established according to Title 11, Chapter 52, Section 80 the Code of Alabama (1975), as amended.

The Zoning Board of Adjustment shall have the following powers:

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 Zoning Officer or Building Official in the enforcement of this Ordinance.

B.

Special Exceptions. To hear and decide special exceptions to the terms of this Ordinance upon which the Board is required to pass under this Zoning Ordinance.

C.

Variances. 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 will in an individual case, result in practical difficulty or result in unnecessary hardship and so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done.

A.

All appeals of an order, requirements, decision or determination made by the Zoning Officer or the Building Official shall be filed in writing on forms prescribed by the Board and made available by the City Clerk. Any such appeal shall be filed with the City Clerk within fifteen (15) days of the date of the action being appealed. The City Clerk shall forthwith transmit to the Board papers constituting the record upon which the action appealed was taken.

B.

In exercising the power of administrative review, the Board must apply, and may not vary, the terms of this Ordinance.

C.

An appeal stays all proceedings in furtherance of the action appealed therefrom, unless the Building Official or Zoning Officer certifies to the Board after the notice of appeal has been filed, that by reason of facts cited in such certification a stay would, in the Official's 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 or by a court of record.

D.

The Board shall select a reasonable time and place for hearing the appeal. Notice shall be provided in accordance with this Section.

1.

The Board may affirm, reverse wholly or in part, or modify the Zoning Officer's decision, order, or determination as in its opinion ought to be done, and to that end shall have all the powers of the Zoning Officer. All decisions of the Board in administrative appeals must conform to the requirements of this Ordinance.

2.

Where a use is requested that is not listed in this Ordinance, the Board may classify such use, along with a comparable permitted use for purpose of the use regulations of any Zoning District.

The Board is empowered to hear and decide only such special exceptions as it is specifically authorized to pass on by the terms of this Zoning Ordinance; to decide such questions as are involved in determining whether or not a special exception should be granted; to grant special exceptions with such conditions and safeguards as are reasonable and appropriate under this Zoning Ordinance; or to deny special exceptions when not in harmony with the purpose and intent of this Zoning Ordinance. A special exception shall not be granted by the Board of Adjustment unless and until:

A.

Written Application. Written application for special exception is submitted indicating the section of the Zoning Ordinance under which the special exception is sought and stating the ground on which it is requested.

B.

Fee. A payment of the application fee according to the fee schedule in use by the City of New Hope at the time of the application shall be paid to the Town Clerk to cover the cost and expense of the application to the Board of Adjustment. In addition, the applicant shall submit with each application a list of names and addresses of all record property owners adjacent to the exterior boundary of the subject property. Said list shall be current and certified by a professional engineer, an attorney, a registered surveyor, a bonded abstractor, or the Administrative Officer.

C.

Notice of Public Hearing. Upon receipt of said written application, fee, and list, notice of public hearing shall be given in accordance with this Zoning Ordinance. In addition, notice of public hearing shall be given by mailing written notice by the Chairman of said Board to all owners of adjacent property. Said written notice shall be mailed not less than two (2) weeks before the meeting of the Board. A copy of the published notice may be mailed in lieu of written notice. Such notice shall contain:

1.

Legal description of the property and the street address or approximate location in the Town of New Hope;

2.

Present zoning classification of the property and the nature of the special exception requested;

3.

Date, time, and place of hearing.

D.

Public Hearing. The public hearing shall be held by the Zoning Board of Adjustment. Any party may appear by agent or attorney.

E.

Findings. Before any special exception permit shall be issued the Zoning Board of Adjustment shall make a special finding that it is empowered under this Section of this Zoning Ordinance to grant the special exception and the special exception will not adversely affect the public interest. Before any special exception permit shall be issued, the Zoning Board of Adjustment shall further make a determination that the specific rules governing the individual special exception, if any, have been met by the petitioner and that satisfactory provision and arrangement has been made concerning the following where applicable:

1.

Satisfactory ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control;

2.

Provision of off-street parking and loading areas where required, with particular attention to the items in the written application for special exception and the economic, noise, glare, and odorous effects of the special exception on adjoining properties in the area;

3.

Utilities, with reference to locations, availability and compatibility;

4.

Buffering with reference to type, location, and dimensions;

5.

Signs, if any and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the District;

6.

Location, use, plan elevations and dimensions of each building or structure to be constructed;

7.

The location, dimensions, and arrangement of all open space, yards, access ways, entrances, exits, off-street parking facilities, pedestrian ways, location and width of roads, streets and sidewalks;

8.

General compatibility with adjacent properties and other property in the District.

F.

Conditions and Safeguards. In granting any special exception, the Zoning Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Zoning Ordinance and punishable as provided under this Ordinance. The Zoning Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be initiated or completed, or both. Failure to initiate or complete, or both, such action within the time set shall void the special exception.

G.

Denial. If the Zoning Board of Adjustment shall deny a special exception, it shall state in its record its reasons for doing so. Such reasons shall take into account the factors stated in this Section, or such of them as may be applicable to the action of denial, and the particular regulation relating to the special exception requested, if any.

A.

The Board may 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 will in an individual case, result in practical difficulty or result in unnecessary hardship and so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done.

B.

A variance may be granted in such individual case of unnecessary hardship upon a finding by the Board that the conditions outlined below do, in fact, exist. In no case shall the Board grant a variance that permits the permanent use of land, building or structure for a use prohibited within the Zoning District in which the land, building or structure is located, nor shall the Board grant a variance, which permits the extension or addition of a non-conforming use or in any way makes a non-conforming use more permanent.

C.

It is the intent of this Ordinance that variances be used only to overcome some physical condition of a parcel of land, which poses a practical difficulty to its development and prevents its owner from using it in conformance with this Ordinance. Any variance granted shall be the minimum adjustment necessary for the reasonable use of the land.

D.

Variance procedure is as follows.

1.

A written petition for a variance, along with any applicable fees, shall be filed with the Zoning Officer at least thirty (30) days before the scheduled hearing date before the Board. The property owner or authorized agent shall file the application on a form made available by the City Clerk.

2.

Before any variance is granted, the applicant must demonstrate that all of the following conditions exist:

a.

There are extraordinary and exceptional conditions, which are peculiar to the piece of property in question because of its size, shape or topography, that are not applicable to other lands or structures in the same Zoning District.

b.

Granting the variance requested will not confer upon the applicant any special privileges that are denied to other owners of property in the Zoning District in which the property is located.

c.

All literal interpretations of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other owners of property in the Zoning District in which the property is located.

d.

The requested variance will be in harmony with the purpose and intent of this Ordinance and will not be injurious to the neighborhood or to the general welfare.

e.

The special circumstances are not the intended result of the actions of the applicant (i.e., self-imposed hardship).

f.

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

g.

That no non-conforming use of neighboring lands, structures, or buildings in the same Zoning District, and no permitted or non-conforming use of lands, structures, or building in other Zoning Districts shall be considered grounds for the issuance of a variance.

h.

That the variance will not allow the permanent establishment of a use not permissible under the terms of this Ordinance in the Zoning District involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said Zoning District.

3.

In proving that an unnecessary hardship has been imposed on the property as a result of the strict interpretation of this Ordinance, the following conditions cannot be considered pertinent to the determination of whether or not an unnecessary hardship exists.

a.

Proof that a variance would increase the financial return from the land;

b.

Personal or economic hardship;

c.

Self-imposed hardship.

4.

The Board shall make findings that the requirements of Section 6.5(D) have or have not been demonstrated by the applicant.

5.

In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance including, but not limited to, reasonable time limits within which the action for which variance is required shall be initiated or completed, or both. 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 Zoning Ordinance.

6.

Hardship alone is not sufficient to permit variance. It must be an "unnecessary hardship". Mere financial loss of a kind, which might be common to all of the property owners in a Zoning District, is not an "unnecessary hardship";

7.

A variance granted by the Board shall lapse and be of no effect if, after the expiration of one (1) year from the date of such action by the Board, no construction pursuant to such variance has taken place, provided that the Board may, for good cause shown, specify a longer period of time in conjunction with its action to grant the variance.

In exercising the above-mentioned powers, the Board may 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 Zoning Officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such Building Official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to affect any variation in such ordinance. All decisions and actions of the Board must be in conformity with the provisions and requirements of this Ordinance. All decisions of the Board must be in writing, and be filed with the City Clerk within fourteen (14) days of the decision.

A.

Appeal to the Zoning 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 Zoning Officer. Other than those applications and matters upon which the terms and provisions of this Ordinance may require action and decision by the said Zoning Board of Adjustment, only the appeals taken in the manner and form as provided in this Ordinance from the actions and decisions of the Zoning Officer or Building Official will be considered and acted upon by the said Zoning Board of Adjustment.

B.

Time for Appeal. Any party aggrieved by any final judgment or decision of the Board may, within fifteen (15) days thereafter appeal therefrom to the Circuit Court of Madison County, Alabama 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 cause in such court shall be tried de novo.

C.

Service of Notice of Appeal. Service of a notice of appeal on the City Clerk by an aggrieved party within the fifteen (15) day appeal time constitutes service on the Board.

The Zoning Board of Adjustment shall be appointed by the City Council. The Board shall consist of five (5) members, appointed for a term of three (3) years. Two supernumerary members shall be appointed by the City Council to serve on the Board at the call of the chairman in the absence of the regular Board members. Supernumerary members shall be appointed to serve terms of three (3) years. Vacancies on the Board shall be filled by the City Council for the unexpired term of any member whose term becomes vacant.

Members of the Board shall be qualified electors of the City of New Hope, and shall represent various aspects of the community including but not limited to education, labor, agriculture, industry, commerce and citizens at large. They shall not hold any other public position or office in the government of the City, except one member may be a member of the Planning Commission.

Members of the Board may be removed from office for cause by the City Council upon written charges and after a public hearing.

A.

Rules. The Board shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of the Code of Alabama and this Zoning Ordinance. Such rules or procedure shall be in written form available to persons appearing before the Board and to the public.

B.

Officers. The Board shall select a chairman and vice-chairman from among its members and may create such other offices as it may determine. The Board shall appoint a secretary.

C.

Meetings. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. Meetings shall not be held without at least twenty-four (24) hours notice to each member. The Board shall have the power to take testimony under oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public.

D.

Quorum, Minutes, Public Records and Reversal.

1.

The Zoning Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member (including the Chairman or Vice-Chairman) or if absent or failing to vote, indicating such fact. The Board shall keep public records of its examinations and other official action.

2.

A quorum for the transaction of business shall consist of four (4) members.

3.

The concurring votes for four (4) members of the Board shall be necessary to reverse the decision or determination of a Building Official or Zoning Officer or to decide in favor of the applicant on any ordinance or variance.

4.

Persons appearing before the Board shall have no right of challenge of any Board member; provided, this provision shall not prohibit any person appearing before the Board from placing in the record a statement alleging bias and requesting disqualification for bias of any member or alternate member.

All members of the Board shall abide by the applicable conflict of interest laws of the State of Alabama. (Alabama Code Section 36-25-1 (1975) et seq.)

If any member of the Zoning Board of Adjustment shall find that his or her private or personal interests are involved in the matter coming before the Board, or that he or she has any other conflict of interest in the matter, the member shall disqualify himself or herself from all participation in that case; or he or she may be disqualified by the votes of four (4) members of the Board not including the member about whom the question of disqualification has been raised.