A board of adjustment is hereby established. The appointment, procedure, powers, and action of said board of adjustment shall be governed and controlled by title 11, chapter 52, article 4, section 80, Code of Alabama 1975 [Code of Ala. 1975, § 11-52-80 et seq.], as amended.

The board of adjustment shall consist of five members, each to be appointed for a term of three years, except in the first instance as provided by law. In addition, two supernumerary members shall be appointed to serve on the board at the call of the chairman in the absence of regular members. Such supernumerary members shall be appointed to serve three-year terms and shall be eligible for reappointment. Appointed members may be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term become vacant.

3.1

Bylaws. The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other time as the board may determine. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings shall be opened to the public.

3.2

Records. The board of adjustment shall 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 the records of its examination and other official actions, all of which shall be of public record and be immediately filed in the office of the city clerk.

Appeals to the board of adjustment may be filed by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the enforcing officer. Such appeal and subsequent hearing of the appeal by the board of adjustment shall proceed as established by section 80 of title 11 of the Code of Alabama 1975 [Code of Ala. 1975, § 11-52-80], as amended, and by the rules of the board. All appeals shall be submitted within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board all papers constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. Such proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

5.1

Administrative review. To hear and decide appeals where it is alleged there is error in order, requirement, decision, or determination made by the enforcing officer in the enforcement of this ordinance.

5.2

Special exceptions. To hear and decide special exceptions to the terms of this ordinance upon which such board is required to pass under this ordinance. In approving a use allowed by special exception, the board of adjustment may impose any of the following special conditions as may be reasonable and necessary, based on specific findings of fact, to mitigate potential negative impacts of the special exception use on neighboring permitted uses in the neighborhood or zoning district:

A.

Special setback requirements (to alleviate potential use conflicts, to provide safe isolation distances, or to facilitate traffic access and mobility);

B.

Special buffer, landscaping, or fencing requirements (to screen potentially conflicting uses);

C.

Special lighting or light shielding requirements (to prevent excessive glare on neighboring properties);

D.

Special parking requirements (to address special traffic or parking needs);

E.

Special limitations on signage (to enhance or soften the appearance of the proposed use);

F.

Special limitations on traffic access points to the property (to prevent traffic congestion and promote proper traffic circulation);

G.

Special restrictions on operating hours (to reduce potential use conflicts);

H.

Special soundproofing requirements (to prevent potential noise impacts); and

I.

Special stormwater management requirements (to prevent excessive flooding or erosion impacts and/or to protect affected water resources).

5.3

Variances.

A.

To 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. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until a written application for a variance is submitted demonstrating all of the following:

1.

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

2.

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.

3.

That special conditions and circumstances do not result from the actions of the applicants or the legal owners of the property.

4.

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

B.

No variance may be granted for a use of land or building or structure that is not permitted by this ordinance.

C.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance.

5.4

Decisions of the board of adjustment. In exercising the above mentioned powers, the board of adjustment 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 shall have the powers of the enforcing officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

Any interested party who is aggrieved by any action or decision of the said board of adjustment may make an appeal therefrom as provided by law.