A board of adjustment is hereby established. Such board members are appointed as provided by state law.

The board adopts rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance.

The board has the powers and duties as provided in state law to decide requests for administrative review, special exception uses, and variances that will not be detrimental to the public good or impair the purposes and intent of this ordinance.

12.04.01. Appeals may be taken to the board by any persons aggrieved or by any officer, department, or board of the municipality affected by any decision of the zoning official. Such appeal must be taken within the time prescribed by the rules of the board, by filing with the zoning official a notice of appeal specifying the grounds thereof. The zoning official must transmit to the board all papers constituting the record upon which the action appealed was taken.

12.04.02. An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning official from whom the appeal is taken certifies to the board that, a stay would cause imminent peril to life and property. In such cases, the proceedings may not be stayed other than by a restraining order issued by the board or by an appropriate court on application with notice to the zoning official from whom the appeal is taken and on due cause shown.

12.04.03. The board must fix a reasonable time for hearing of the appeal, give notice to the parties in interest and to the public, and decide the same within a reasonable time. The owner or their agent must attend the hearing.

12.04.04. The board 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 has powers of the zoning official from whom the appeal is taken.

12.05.01. The board hears and decides upon special exception requests, including but not limited to special exception uses indicated in articles IV, V and VI.

A.

A written application and required fee must be submitted at least 15 business days before the board hearing at which it is to be considered. The application must indicate the provision for which the special exception is sought and state the grounds on which it is requested.

B.

A public hearing will be held, notice of which must be provided by first class mail to the owner of the property for which the special exception is sought, or their agent, and to the owners of all abutting property, at least five days prior to the public hearing. The owner or their agent must attend the hearing.

12.05.02. The board must find that it is empowered to grant the special exception and that the granting of the special exception will not adversely affect the public interest. The board reviews applications for compliance with this ordinance and all other applicable codes and ordinances of the city. The board must determine that satisfactory provisions have been made concerning the following, among other considerations of this ordinance:

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.

12.05.03. The board of adjustment may prescribe 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. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, are considered a violation of this ordinance and punishable as prescribed in this ordinance. The board of adjustment may prescribe a time limit within which the action for which the special exception is required must commence or be completed, or both. Failure to comply with such time limits voids the special exception approval.

12.06.01. Generally.

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 would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice done.

B.

Variances are permitted only for peculiar and exceptional circumstances. Demonstration of unnecessary hardship is required and financial loss of a kind which might be common to all of the property owners in similar situations is not grounds for a variance. Under no circumstances may the board grant a variance to permit a use not generally or by any special exception permitted in the district except as provided for in section 3.01.02, Interpretation of uses.

12.06.02. A written application and required fee must be submitted at least 15 business days prior to the board hearing at which it is to be considered. Notice of the public hearing must be given by first class mail to the owner of the property for which the variance is sought or to their agent, and to the owners of all abutting property, at least five days prior to the public hearing. The owner or their agent must attend the hearing.

12.06.03. 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 must establish and substantiate that the variance, if granted, will conform to all the requirements and standards listed below:

A.

That special conditions and circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other lands or structures in the same district;

B.

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;

C.

That the special conditions and circumstances do not result from the actions of the applicant;

D.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands or structures in the same district.

E.

That relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance; and

F.

That the variance will not permit a use of land or structures which is prohibited in the applicable district.

12.06.04. The board may only approve a variance that is the minimum variance that will make possible the reasonable use of the land or structures. The board must also find that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

12.06.05. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions, when made a part of the terms under which the variance is granted, is considered a violation of this ordinance and punishable as prescribed in this ordinance.

Any party aggrieved by any final judgment or decision of the board may appeal pursuant to state law.

12.08.01. All decisions rendered by the board are final and binding upon all parties. No board decision 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.

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 ordinance or state law and 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.

12.08.02. Where no error is alleged and no new evidence is available, a new or more effective presentation by the applicant is not sufficient grounds for rehearing a board decision. Any applicant wishing a rehearing must appear before the board to present one or more of the qualifying conditions listed in this section.

12.08.03. If the board finds that one or more of the qualifying conditions exist, the applicant may submit a new application, which must be accompanied by the required fee. This new application will be heard at a subsequent board meeting and is subject to all regular advertising and procedural requirements. Allowing a new application does not obligate the board to grant the request.