(a)

Creation and membership. The board shall be composed of five (5) members appointed by the city council for overlapping terms of three (3) years. Each member of this board shall serve without compensation and may be removed for cause. The subsequent appointment, procedures, powers and actions of said board shall be governed and controlled by Title 11, Chapter 52, Article 4, Sections 80 and 81 of the Code of Alabama, 1975, and amendments thereto.

(b)

Meetings, procedures and records. Meetings of this board shall be held at such times the board may determine, or upon call of the chairperson. Such chairperson or, in their absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(c)

Rules of procedure. This board shall adopt 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, so indicating such fact. All records of the board's examinations and of other official actions shall be immediately filed with the city clerk and shall be of public record.

(d)

Public hearing. This board shall fix a reasonable time for the hearing of an appeal taken within the time specified, and shall give public notice thereof as well as due notice to all adjacent property owners. Public notice shall be for a period of no less than fifteen (15) days. Written notice shall be given to all property owners within five hundred (500) feet of a property being considered for rezoning, and an additional notice shall be posted on or as near the site as possible to serve as visual notification to the general public. In the event there are no other property owners within five hundred (500) feet, the adjacent property owners shall be notified. A decision, regarding said appeal, shall be made by the board within a reasonable time. Upon the hearing of such appeal, any party may appear in person, by agent or by attorney.

(e)

Time limit. A request for hearing before the board having been denied on first presentation shall only be accepted for re-hearing after a waiting period of six (6) months, unless changes occur which would warrant another hearing as determined by the board.

The board, in appropriate cases and subject to appropriate conditions and safeguards as provided herein, shall have the following powers, duties and responsibilities:

(a)

Powers in general. In exercising the powers set forth in this section, the board may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination appealed from. Said board may subsequently make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the officer or official from whom the appeal is taken.

(b)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which the board is required to pass under this ordinance or to affect any variation in such ordinance.

(c)

Administrative review. To hear and decide appeals where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance or amendment thereto. In exercising the power of administrative review, the board shall apply and not vary the terms of this ordinance. Such appeals may include the following:

(1)

Hear and decide upon request for the interpretation of the provisions of this ordinance;

(2)

Determine the precise location of boundary lines between zones when there is dissatisfaction with a decision regarding said subject by an administrative official; or

(3)

Classification of a use, which is not specifically mentioned within the ordinance, for the purpose of determining the permissiveness of such use in any zone.

(d)

Special exceptions. Within this ordinance, wherever there are exceptions to the permitted uses of land listed in certain zones and such are identified as special exception uses, the board is specifically authorized to:

(1)

Hear and decide such special exceptions;

(2)

Decide such questions as are involved in determining whether special exceptions should be granted; and

(3)

Insure that special exceptions are granted only when they conform to the spirit and intent of this ordinance.

(e)

In exercising this power regarding special exceptions, the board shall follow the language of this ordinance exactly, and shall make certain that all the conditions specified in this ordinance have been met. Furthermore, the board may compel the applicant to meet any additional requirements, which the board deems necessary, to protect surrounding neighborhoods from undue congestion, excessive light and/or noise, odors, and other impacts which might otherwise be incurred by the exception.

(f)

Variances. 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 and, 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 shall be observed and substantial justice done.

(1)

Before any variance is granted, the board shall consider the following guidelines and, upon finding that all the conditions outlined below do, in fact, exist, may grant such variance:

a.

There are extraordinary and exceptional conditions, which are peculiar to the particular property in question due to its size, shape or topography, that are not applicable to other lands or structures in the same zone.

b.

Granting the requested variance will not confer upon the applicant any special privileges denied to other property owners of the zone in which the property is located.

c.

A literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other property owners of the zone in which the property is located.

d.

The requested variance is in harmony with the purpose and intent of this ordinance, and will not be injurious to the neighborhood or to the general welfare.

e.

The special circumstances causing the alleged need for the variance are not the intended result of action of the applicant (i.e. self-imposed hardship).

f.

The requested variance is the minimum variance that will cause the legal use of the land, building or structure possible.

g.

The variance will not allow the permanent establishment of a use that is not permissible in the zone involved under the terms of this ordinance, nor any use expressly or by implication, prohibited by the terms of this ordinance in said zone.

(2)

The board shall not consider the following as grounds for the issuance of a variance:

a.

The nonconforming use of neighboring lands, structures or buildings in the same zone, or the permitted or nonconforming use of lands, structures or buildings in other zones;

b.

Proof that a variance would increase the financial return from the land; and

c.

A personal or self-imposed hardship.

(3)

In no case shall the board grant a variance that:

a.

Would permit the permanent use of land, buildings or structures for a use prohibited within the zone in which the land, building or structure is located;

b.

Would permit the extension or addition of a nonconforming use; or

c.

Would in any way make a nonconforming use more permanent.

(g)

Validity and applicability of variances and special exceptions. Any variance or special exception granted by the board, in addition to any other relevant provisions of this section, shall be applicable only to the land or property involved, and shall be valid only for the applicant having appealed for such variance or special exception unless otherwise determined and/or designated by the board.

(h)

Appeals from actions of the board. Any party aggrieved by any final judgment or decision of the board may, within fifteen (15) days after said judgment or decision is rendered, 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 the case of such appeal, the board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried by a jury of peers, where requested by the aggrieved party.