A board of zoning adjustment, hereinafter referred to as "the board," is hereby established. The appointment, procedure, powers and action of said board shall be governed by Code of Ala. 1975, §§ 11-52-80 and 11-52-81, as amended. All members of the board shall be citizens and residents of the city.

Meetings of the board shall be held at the call of the chairman at such times and places as the board may determine. 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.

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

13.3.1.

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 § 3.2.

13.3.2.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a city official, other than the city council, acting under the authority of this ordinance.

13.3.3.

Variances. To hear and decide requests 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 as defined in this article, but where the spirit of the ordinance can be observed and substantial justice done.

13.3.4.

Special exceptions. To hear and decide special exceptions, as specified in this ordinance, upon which the board is required to act.

13.4.1.

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

13.4.2.

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 by reason of facts cited in such certification a stay would, in the zoning official's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the board or by a court of record.

13.4.3.

All appeals shall be filed in writing on forms provided by the board and made available by the zoning official. At least 15 days prior to the scheduled board hearing the zoning official shall give written notice to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepaid, addressed to such property owners at their addresses submitted with the appeal. The notice shall state the name of the appellant, the location of the property, the decision of the zoning official being appealed, and the time, date, and location of the board hearing.

13.4.4.

The board may affirm, reverse wholly or in part, or modify the zoning official's decision, order, or determination as in its opinion ought to be done, and to that end shall have all the powers of the zoning official.

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 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 and unnecessary hardship upon such owner.

13.5.1.

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

13.5.2.

Applications shall be filed with the zoning official at least 30 days before the scheduled hearing date before the board. The property owner shall file the application on a form made available by the city. At least 15 days prior to the scheduled hearing, the zoning official shall give written notice to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepaid, 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 ordinance, and the time, date, and location of the hearing.

13.5.3.

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 of the following:

1.

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

2.

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 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 ordinance would deprive the applicant of reasonable use of such land or buildings.

3.

There must be proof of unnecessary hardship. It must result from the application of this ordinance and must be suffered directly by the property in question, and evidence of other variances granted under similar circumstances shall not be considered. It is not sufficient proof of hardship to show that greater value or 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.

4.

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

5.

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 district.

6.

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

7.

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

13.5.4.

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

13.6.1.

All uses permitted by special exception shall require the submission of an application to the board. Such application shall be filed with the zoning official at least 30 days before the hearing, and shall include a site plan including those materials listed in the appendix. The application shall be filed by the property owner or authorized agent on a form made available by the zoning official. At least 15 days prior to the scheduled hearing, the zoning official shall give written notice to all adjacent property owners. Such notice shall be deemed given when deposited in the United States mail, first class postage prepaid, 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 hearing.

13.6.2.

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

1.

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.

2.

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

3.

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

4.

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

5.

Control of noise, glare, odor, stormwater runoff, and other potentially disturbing impacts upon surrounding properties.

6.

The availability, location, and capacity of utilities.

7.

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

8.

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.

13.6.3.

The board may impose such conditions that it deems necessary in the particular case to protect the public interest and the intent of the comprehensive plan and this ordinance regarding 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 ordinance.

13.6.4.

The board may also grant special exceptions for business use of a manufactured home in a non-residential district upon showing of catastrophic circumstances created by act of God or casualty damage. Such special exceptions will be valid for a period not exceeding one year and are not transferable. Such special exception may be granted only if all of the following conditions are met:

1.

At the termination of the granted period, the property owner must either remove the manufactured home from this location, or apply for another special exception.

2.

Such special exceptions are not transferable. If there is a change of land ownership, the new property owner must apply for a new special exception if desired.

Any potential nuisance complaint shall be received by the city clerk and filed for review of the code enforcement officer. A nuisance is generally defined as the conduct of any use, conforming or nonconforming, which results in unreasonable noise, smoke, vibration, fumes, dust, dire, radio interference, or explosion hazard to the surrounding property. The conduct of use in question shall be investigated by the code enforcement officer only after a nuisance complaint has been officially received and if deemed a nuisance shall be handled through the legal procedures of the court.

13.8.1.

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

1.

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.

2.

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.

3.

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

13.8.2.

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

13.8.3.

If the board finds that one or more of the qualifying conditions exist, the applicant may submit a new application. This new application shall be heard at a subsequent board meeting, subject to all regular posting 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 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 the 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.