The Board of Zoning Adjustment (BOZA) heretofore established is hereby continued, and its members appointed and vacancies filled in accordance with §11-52-80 of the Code of Alabama, 1975, as amended. All members of the Board must be citizens and residents of the City.

11.02.01.

BOZA meetings are held at the call of the chairman at such times and places as BOZA may determine. The chairman, or in the absence of the chairman the co-chairman, may administer oaths and compel the attendance of witnesses. All BOZA meetings are open to the public. The BOZA adopts and publishes 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 keeps records of its examinations and of other official actions, all of which are immediately filed in the office of the BOZA and are a public record.

11.02.02.

Public Notice. Public notice for hearings before the BOZA is 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.

The BOZA, in appropriate cases and subject to appropriate conditions and safeguards, has the following powers:

11.03.01.

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 §1.05.03 District Boundaries.

11.03.02.

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

11.03.03.

Variances. To hear and decide appeals for a variance from the provisions of this Ordinance where owing to special conditions a literal enforcement of such provisions would result in unnecessary hardship, but where the spirit of the Ordinance can be observed and substantial justice done.

11.03.04.

Special Exceptions. To hear and decide special exceptions upon which the BOZA is required to act as indicated in this Ordinance.

11.04.01.

Appeals may be taken to the BOZA by any person aggrieved or affected by any provision of the Ordinance or by any decision of the Building Official relating to the provisions of this Ordinance. Any such appeal must be filed with the Building Official within 15 days of the date of the action being appealed. The Building Official must forthwith transmit to the BOZA papers constituting the record upon which the action appealed was taken.

11.04.02.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the BOZA after the notice of the appeal has been filed, that by reason of facts cited in such certification a stay would, in the Building Official's opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the BOZA or by a court of record.

11.04.03.

All appeals must be filed in writing on forms prescribed by the BOZA and made available by the Building Official.

11.04.04.

The BOZA must select a reasonable time and place for hearing the appeal. At least 15 days prior to the next scheduled Board hearing, the Building Official must give written notice of the appeal to all adjacent property owners. The notice must state the name of the appellant, the location of the property, the decision of the Building Official being appealed, and the time, date, and location of the BOZA hearing.

11.04.05.

The BOZA may affirm, reverse wholly or in part, or modify the Building Official's decision, order, or determination as in its opinion ought to be done, and to that end has all the powers of the Building Official.

11.05.01.

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

11.05.02.

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 the property in conformance with the provisions of this Ordinance. Any variance granted must be the minimum adjustment necessary to enable the reasonable use of the land.

11.05.03.

Variance applications must be filed with the Building Official at least 30 days before the next scheduled hearing date before the BOZA. Applications are made on forms made available by the Building Official and only by the property owner or their authorized agent. At least 15 days prior to the scheduled hearing, the Building Official must give written notice to all adjacent property owners. Such notice must state the name of the applicant, the location of the property, the nature of the variance requested and applicable sections of this Ordinance, and the time, date, and location of the hearing.

11.05.04.

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.

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

b.

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

c.

There is an unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted.

d.

The hardship 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 Ordinance. It must be suffered directly by the property in question, and evidence of other variances granted under similar circumstances will not be sufficient alone to meet this standard.

e.

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.

f.

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

g.

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.

h.

The granting of the variance will be in harmony with the general purpose and intent of the regulations imposed by this Ordinance on the applicable district and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

11.05.05.

The BOZA may prescribe any conditions that it deems necessary to secure substantially the objectives of the provisions of this Ordinance to which the variance applies. Violations of such conditions are considered violations of this Ordinance and are subject to applicable fines and penalties.

11.06.01.

All special exception requests, including, but not limited to special exception uses indicated in Articles 4, 5 and 6, require application to the BOZA. Such application must be filed with the Building Official at least 30 days before the next scheduled Board hearing. The application must be filed by the property owner or their authorized agent on a form made available by the Building Official.

11.06.02.

At least 15 days prior to the next scheduled Board hearing, the Building Official gives written notice of the proposed special exception to all adjacent property owners. Such notice must state the name of the applicant, the location of the property, the proposed use, and the time, date and location of the BOZA hearing.

11.06.03.

The BOZA reviews applications for compliance with this Ordinance and all other applicable codes and ordinances of the City. The BOZA 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.

11.06.04.

The BOZA may impose 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. Such conditions 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 are considered violations of this Ordinance and are subject to applicable fines and penalties.

11.07.01.

All decisions rendered by the BOZA 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 BOZA, the Building 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.

11.07.02.

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 BOZA to present one or more of the qualifying conditions listed in this Section.

11.07.03.

If the BOZA finds that one or more of the qualifying conditions exist, the applicant may submit a new application. 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 BOZA to grant the request.

In accordance with §11-52-81 of the State Code of Alabama, 1975, as amended, any party aggrieved by any final judgment or decision of the BOZA may, within 15 days thereafter appeal there from to the circuit court or court of like jurisdiction, by filing with the BOZA a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, the BOZA 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.