The Board of Adjustment previously established is hereby continued, and its members are appointed and vacancies filled in accordance with Sections 11-52-80 and 11-52-81 of the Code of Alabama, 1975, as amended.

Meetings of the Board are held at the call of the chairman and are open to the public. The Board may adopt and publish rules of procedure; keep minutes of its proceedings; and keep records of its official actions, all of which must be a public record.

The Board has the following powers:

1.

Interpretation of Boundaries. To hear and decide upon interpretation of zoning district boundaries shown on the Official Zoning Map in accord with criteria specified in §1.09.

2.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Official, acting under the authority of this Ordinance.

3.

Variances. To hear and decide appeals for a variance from the provisions of this Ordinance in accordance with §12.05.

4.

Special Exceptions. To hear and decide special exceptions upon which the Board is required to act for uses as shown in Articles 4, 5 and 6 and other special exceptions expressly provided for in this Ordinance.

1.

Appeals to the Board may be made by any person aggrieved or affected by any decision made by the Zoning Official relating to the provisions of this Ordinance. Appeals must be filed within 15 working days of the date of the action being appealed. Appeals must be filed in writing on forms made available by the City.

2.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Official certifies to the Board after the notice of the appeal has been filed, that a stay would cause imminent peril to life or property. In such case, proceedings will not be stayed except by a restraining order which may be granted by the Board or by a court of record.

3.

At least 15 working days prior to the hearing the Zoning Official will give written notice to all adjacent property owners, stating the name of the appellant, the location of the property, the decision being appealed, and the time, date, and location of the hearing.

4.

The Board may affirm, reverse wholly or in part, or modify the Zoning Official's decision.

Any property owner may file an application for a variance from the requirements of this Ordinance where it is claimed that, by reason of exceptional narrowness, shallowness, or shape or by reason of exceptional topographic conditions, or other exceptional conditions of such property existing at the time of the adoption of this Ordinance, the strict application and literal enforcement of this Ordinance would result in unnecessary hardship upon such owner.

It is the intent of this Ordinance that variances be used only to overcome some physical condition of a property, which poses a practical difficulty to its development and prevents its owner from using the property in conformance with this Ordinance.

1.

An application must be filed on forms made available by the City at least 30 calendar days before the scheduled hearing date before the Board. At least 15 working days prior to the hearing, the Zoning Official will give written notice to all adjacent property owners, stating the name of the applicant, the location of the property, the nature of the variance and applicable sections of this Ordinance, and the time, date, and location of the hearing.

2.

The applicant must establish and substantiate that the variance, if granted, will conform to all the criteria listed below:

a)

The variance will not permit the establishment of a use that is not otherwise permitted in the applicable district.

b)

There are unique conditions applicable to the land or building that do not apply generally to land or buildings in the vicinity, and which conditions are such that the strict application of this Ordinance would deprive the applicant of reasonable use of such land or buildings.

c)

There is proof of an unnecessary hardship suffered directly by the property in question resulting from the application of this Ordinance. Variances granted under similar conditions on other properties is not sufficient evidence to prove an unnecessary hardship. Nor is it sufficient to show that greater value or profit would result. An unnecessary hardship is not self-created; nor can it be established on this basis by one who purchases the property with or without knowledge of the restrictions

d)

The variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair the value of adjacent properties.

e)

The variance will not grant the applicant any privilege denied by this Ordinance to other land or structures in the same zoning district.

f)

The variance as requested is the minimum variance that will enable the reasonable use of the property.

g)

The variance will be in harmony with the general purpose and regulations of the district, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

3.

The Board may prescribe any safeguards or conditions that it deems necessary to secure substantially the objectives of the provisions of this Ordinance to which the variance applies.

1.

Applications for Special Exceptions must be filed at least 20 working days before the scheduled hearing date before the Board. The application must be filed by the property owner or authorized agent on a form made available by the City. The City must provide notice to all adjoining property owners.

2.

At least 15 working days prior to the hearing, the Zoning Official will give written notice to adjacent property owners, stating the name of the applicant, the location of the property, the proposed use, and the time, date and location of the Board's hearing.

3.

The Board will review the application for compliance with this Ordinance and all other applicable codes and Ordinances of the City. In particular the Board must determine that satisfactory provisions have been made concerning the following, among other considerations:

a)

Access to and from the property and the proposed structure and/or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access

b)

The location and accessibility of off-street parking and loading areas

c)

The location and accessibility of refuse and service areas and their potentially adverse effects upon surrounding properties

d)

The screening and buffering of potentially adverse views and activities from surrounding properties

e)

Control of noise, glare, odor, surface water runoff, and other potentially disturbing impacts upon surrounding properties

f)

The availability, location, and capacity of utilities

g)

The location and scale of signs and lighting with particular reference to traffic safety, glare, and visual compatibility with surrounding properties

h)

The bulk, density, and lot coverage of structures, and yards and open areas, with reference to their compatibility with the character of the surrounding area

The Board may impose such conditions for approval that it deems necessary in the particular case to protect the public interest and the intent of the Comprehensive Plan and this Ordinance in relation to the items listed above and as may otherwise be reasonably necessary. Any conditions apply to the land, structure, and use and not to a particular person. Violations of conditions attached to any Special Exception are considered violations of this Ordinance.

4.

The Board may also grant special exceptions for business use of a manufactured home in a business district upon showing of catastrophic circumstances created by Act of God or casualty damage. Such Special Exceptions are valid for a period not exceeding one year and are not transferable.

Abatement of nuisances is governed by City of Oxford Ordinance 2015-05, and as may be amended.

1.

All decisions rendered by the Board are final and binding on all parties. No appeal of an administrative decision, or decision on a variance or a special exception may be reheard, and no further application may be accepted once a decision has been rendered except under one or more of the following conditions:

a)

New evidence or information pertinent to the request has been discovered that was not available to the applicant at the time of the original hearing.

b)

The decision resulted from an error in procedures made by the Board, the Zoning Official, or any other City Officials.

c)

The decision resulted from an error in substantive law under the provisions of this Ordinance or the Code of Alabama, 1975, as amended.

2.

Where no error is alleged and no new evidence is available, a new or more effective presentation by the applicant does not constitute grounds for rehearing. Any applicant wishing a rehearing must appear before the Board to present one or more of the qualifying conditions listed in this Section. If the Board finds that one or more of the qualifying conditions exist, the applicant may submit a new application to be heard at a subsequent meeting.

Any party aggrieved by any final judgment or decision of the Board may within 15 working days thereafter make an appeal to the circuit court or 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 must 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 will be tried de novo.