The board of zoning adjustment and appeals heretofore established is hereby continued, and its members shall be appointed and vacancies filled in accordance with Code of Ala. 1975, §§ 11-52-80 and 11-52-81. Each member may be removed for cause by the city council upon the filing of written charges and after a public hearing. All members of the board shall be citizens and residents of the City of Ozark.

Meetings of the board shall be held at the call of the chairman, or any three (3) members, at such times and places as the board may determine. The chairman, or in the absence of the chairman the co-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 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 of other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

No member of the board shall vote upon any matter in which he or she, a spouse or a dependent, has a direct interest; and no member of the board shall vote upon any matter involving a business with which he or she, a spouse or a dependent, has any interest or ownership.

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

Interpretation of boundaries. To hear and decide upon interpretation of the boundaries of districts established and shown on the map in accord with criteria specified in article III, section 3.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made under this appendix.

Variances. To authorize upon appeal in specific cases a variance from the provisions of this appendix such as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this appendix will result in unnecessary hardship, but where the spirit of the ordinance shall be observed and substantial justice done.

Special exceptions. To hear and decide special exceptions upon which the board is required to pass for uses as shown in Tables 4-2 and 4-4 in article IV of this appendix.

Appeals to the board of adjustment may be taken to the board of adjustment by any person aggrieved or affected by any provision of the ordinance or by any decision of the building official relating the provisions of this appendix. Any such appeal shall be filed with the secretary of the board within fifteen (15) days of the date of the action being appealed. The secretary of the board shall forthwith transmit to the board papers constituting the record upon which the action appealed was taken.

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

It is the intent of this appendix 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 form using the property in conformance with the provisions of this appendix. Any variance granted shall be the minimum adjustment necessary for the reasonable use of the land.

An application for a variance shall be filed with the secretary of the board at least thirty (30) days before the scheduled hearing date before the board. The property owner or the authorized agent of the owner shall file the application on a form made available by the secretary of the board. At least fifteen (15) days prior to the scheduled hearing of the board, the secretary of the board shall give written notice of the application to all adjacent property owners. Such notice shall be deemed to be given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as submitted with the application. Such notice shall state the name of the applicant, the location of the property, the nature of the variance requested and the applicable sections of this appendix, and the time, date, and location of the hearing.

The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the variance, if granted, will conform to all the requirements and standards listed below:

a.

The granting of the variance will not permit the establishment of a use, which is not permitted in the district in which the property is located.

b.

There must be proof of unique and special circumstances and conditions, fully described in the application, applicable to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the vicinity, and which circumstances or conditions are such that the strict application of the provisions of this appendix would deprive the applicant of reasonable use of such land or buildings.

c.

There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship claimed cannot be self-created; nor can it be established on this basis by one who purchases the property with or without knowledge of the restrictions. It must result from the application of this appendix. It must be suffered directly by the property in question, and evidence of other variances granted under similar circumstances shall not be considered.

d.

The granting of 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 property values within the adjacent neighborhood.

e.

The granting of the variance will not confer upon the applicant any special privilege that is denied by this appendix to other land, structures, or buildings in the same zoning district.

f.

The granting of the variance is necessary for the reasonable use of the land or building and the variance as requested is the minimum variance that will accomplish this purpose.

g.

The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this appendix on the district in which the property is located, and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.

The board may prescribe any safeguards or conditions which it deems necessary to secure substantially the objectives of the regulations or provisions of this appendix to which the variance applies.

All uses permitted by special exception as listed in article IV of this appendix shall require the submission of an application to the board of adjustment. Such application shall be filed with the secretary of the board at least thirty (30) days before the scheduled hearing date before the board of zoning adjustment and appeals. The property owner or the authorized agent of the owner shall file the application on a form made available by the secretary of the board.

At least fifteen (15) days prior to the scheduled hearing of the board of adjustment, the secretary of the board shall give written notice of the proposed special exception to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepared, addressed to such property owners at their addresses as submitted with the application. Such notice shall state the name of the applicant, the location of the property, the proposed use, and the time, date and location of the board's hearing.

The board of adjustment shall review the application for compliance with this appendix and all other applicable codes and ordinances of the City of Ozark. In particular the board shall determine that satisfactory provisions have been made concerning the following, among other considerations of this appendix:

a.

Ingress to and egress from the property and proposed structures or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

b.

Off-street parking and loading areas.

c.

Refuse and storage areas, with reference to availability, location, and potentially adverse effects upon adjoining property.

d.

Screening and buffering of potentially adverse views and activities from surrounding properties.

e.

Control of noise, glare, odor, excess drainage, and other potentially disturbing effects upon surrounding properties.

f.

Utilities, with reference to location, availability, capacity, and potentially adverse effects upon surrounding properties.

g.

Signs and lighting, with reference to glare, traffic safety, and visual harmony with surrounding properties.

h.

Building bulk, density, lot coverage, yards and open areas, with reference to the compatibility and harmony with the character of the surrounding area.

The board may impose such conditions for approval which it deems necessary in the particular case to protect the public interest and the intent of the comprehensive plan and this appendix in relation to the items listed above and as may otherwise be reasonably necessary. Such conditions shall apply to the land, structure, and use for which the special exception is granted and not to a particular person. Violations of conditions lawfully attached to any special exception shall be deemed to be violations of this appendix.

All decisions rendered by the board shall be final and binding upon all parties. No appeal of an administrative decision, or application for a variance or a special exception shall be reheard, and no further application shall be excepted, once a decision has been rendered except under one (1) or more of the following conditions:

a.

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

b.

The decision resulted from an error in procedures required by this appendix of state law made by the board, the building inspector, or any other city officials.

c.

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

Where no error is alleged and no new evidence is available, a new or more effective presentation by the applicant shall not constitute grounds for rehearing a decision of the board. Any applicant wishing a rehearing shall 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 exists, the applicant shall be permitted to submit a new application. This new application shall be heard at a subsequent board meeting, and shall be subject to all regular advertising and procedural requirements. Allowing a new application does not obligate the board to grant the request.

Any party aggrieved by any final judgment or decision of the board may, within fifteen (15) days thereafter appeal therefrom 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 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.