§ 12.01.01 Appointment, duties and responsibilities. A Board of Zoning Adjustment (Board) is hereby established. The appointment, procedure, powers and action of the Board are governed and controlled by Code of Alabama 1975, § 11-52-80 and § 11-52-81, as the same may be amended.

§ 12.01.02 Board procedures. The Board adopts rules and procedures in accordance with state law and the provisions of this article.

§ 12.01.03 Powers and duties. The Board of Adjustment has the following powers as defined by Code of Alabama 1975, § 11-52-80, as amended, and other powers designated by the City Council to the extent consistent with state law.

1.

Administrative appeals. See § 12.02 Administrative Appeals.

2.

Special Exceptions. See § 12.03 Special Exceptions.

3.

Variances. See § 12.04 Variances.

(Ord. No. 2022-008, 3-15-2022)

§ 12.02.01 The Board hears and decides appeals where it is alleged that an error exists in any order, requirements, decision or determination made by the Director in the interpretation or enforcement of this Ordinance.

§ 12.02.02 Appeals to the Board may be taken by any person or by any officer, department, board, or bureau of the City aggrieved or affected by any zoning-related decision of the Director.

§ 12.02.03 All appeals must be filed on forms made available by the Director. Any such appeal must be filed with the Board and the Director within 30 days of the date of the decision being appealed. The Director must present to the Board all of the papers constituting the record upon which the action appealed was taken. The Board will hold a hearing on the appeal.

§ 12.02.04 An appeal stays all proceedings in furtherance of the action appealed therefrom, unless the Director 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 Director's opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed except by a restraining order granted by the Board or by a court of record.

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

§ 12.02.06 The Board may affirm, reverse wholly or in part, or modify the Director's decision, order or determination as in its opinion should be done, and to that end, has all the powers of the Director.

(Ord. No. 2022-008, 3-15-2022)

§ 12.03.01 The Board hears and decides requests for approval of Special Exceptions as set out in this Ordinance.

§ 12.03.02 Special Exceptions require application to the Board on forms provided by the Director.

§ 12.03.03 Notice of the scheduled hearing is given to the applicant and other interested parties in accordance with board rules.

§ 12.03.04 The Board reviews the request for compliance with this Ordinance and all other applicable codes and ordinances of the City. Before granting any Special Exception, the Board must make written findings determining that the proposed Special Exception will not:

1.

Be contrary to the public interest and will ensure that the spirit of this Ordinance is observed;

2.

Permit the establishment of a use prohibited in the zoning district; and

3.

Cause a substantial adverse impact on property or improvements in the vicinity or in the applicable district.

§ 12.03.05 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. 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 constitute violations of this Ordinance.

§ 12.03.06 Board approval of a Special Exception pertains solely to that specific use at the location specified in the application. Such approval is not transferable to another use at that location or the same use at another location.

§ 12.03.07 Special Exception approval lapses and will be of no effect if, after one year from the date of Board approval, no construction or change in use pursuant to the approval has taken place. The Board may, for good cause shown, specify a longer period of time in conjunction with its approval.

(Ord. No. 2022-008, 3-15-2022)

§ 12.04.01 The Board may authorize upon appeal in specific cases such variances 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 result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice done.

§ 12.04.02 A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship does, in fact, exist. In no case may the Board grant a variance that permits the land or structure to be occupied by a use prohibited in the applicable zoning district.

§ 12.04.03 It is the intent of this Ordinance that a variance be issued only to mitigate a physical condition of a parcel of land which poses a practical barrier to its development and use as otherwise permitted by this Ordinance. Variances are limited to the minimum adjustment necessary to enable the reasonable use of the land.

§ 12.04.04 The Board uses the following guidelines in evaluating variance requests:

1.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are generally not applicable to other lands structures, or buildings in the same district.

2.

A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance.

3.

The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed hardship);

4.

Granting of the variance is in harmony with the intent and purposes of the ordinance;

5.

The variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole;

6.

The variance will not allow the establishment of any use expressly or by implication prohibited in the applicable district;

7.

The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.

(Ord. No. 2022-008, 3-15-2022)

§ 12.05.01 The Board may require the conduct of any existing use, conforming or nonconforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, radio interference, or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort and convenience. The Board may direct the Director to issue an abatement order, but such order may be directed only after a public hearing by the Board, notice of which must be sent by registered mail to the owners and/or operators of the subject property in addition to advertisement as required by law. A hearing to consider issuance of an abatement order is held by the Board upon petition signed by any person affected by the hazard or nuisance or upon the initiative of the Board. The Board may issue an abatement order only upon reasonable evidence of hazard or nuisance; and the order must specify the date by which the hazard or nuisance must be abated.

§ 12.05.02 Whenever the nuisance alleged involves the creation of excessive noise by a commercial or industrial user, the Board may require acoustical studies by registered engineers in addition to any other information which they deem necessary.

(Ord. No. 2022-008, 3-15-2022)

§ 12.06.01 All decisions rendered by the Board are final and binding upon all parties.

§ 12.06.02 No appeal of an administrative decision may be reheard by the Board.

§ 12.06.03 Once the Board has rendered a decision on a request for a variance or a Special Exception on a parcel or portion thereof, no new application for a variance or Special Exception on the same property or portion thereof may be considered by the Board for a 365-day period. However, during the 365-day period, the owner may request a hearing before the Board to present facts or evidence demonstrating that conditions, as they existed at the time of the previous request, have changed substantially to warrant consideration of a request for a variance or a Special Exception prior to the end of the 365-day period.

1.

Any applicant requesting a waiver of the 365-day period must appear before the Board in accordance with the regular application and hearing procedure.

2.

If the Board finds, by the affirmative vote of four members, that conditions have substantially changed and a waiver warranted, the applicant may submit a new application. The new application will be heard at a subsequent meeting, subject to all regular procedural requirements.

3.

Allowing a new application and hearing does not obligate the Board to grant the requested action.

(Ord. No. 2022-008, 3-15-2022)

Final judgments or decisions by the Board may be appealed as specified by Code of Ala. 1975, § 11-52-81, as amended. Written notice of appeal must be filed with the Board within 15 days following the decision by the Board.

(Ord. No. 2022-008, 3-15-2022)