[Ord. No. 2030-26, 2-3-2026]
13-1-1. 
A Zoning Board of Adjustment is established. The Board shall consist of five members, each to be appointed for a term of three years, except that in the first instance one member shall be appointed for a term of three years, two for a term of two years, and two for term of one year. Thereafter each member appointed shall serve for a term of three years or until his/her successor is appointed.
13-1-2. 
Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Each member may be removed for cause by the appointing authority upon written charges and after a public hearing.
13-1-3. 
The members of the Board of Adjustment serving on the effective date of this ordinance under a zoning ordinance effective prior to this ordinance shall be considered as the five members to be appointed by the City Council. Each of these members shall serve the balance of the term to which the member was appointed.
[Ord. No. 2030-26, 2-3-2026]
The Zoning Board of Adjustment may be referred to as the Board of Adjustment in this ordinance.
[Ord. No. 2030-26, 2-3-2026]
13-3-1. 
Meetings of the Board of Adjustment shall be held at the call of Chair and at such other times as the Board of Adjustment may determine.
13-3-2. 
The Chair, or in his or her absence the Acting Chair, may administer oaths and compel the attendance of witnesses.
13-3-3. 
All meetings of the Board shall be open to the public.
13-3-4. 
The Board of Adjustment 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 of Adjustment and shall be public record.
[Ord. No. 2030-26, 2-3-2026]
13-4-1. 
Appeals to the Board of Adjustment may be taken by any person aggrieved by, or an officer, department, board or bureau of the City of Albertville affected by, a decision of the Building Inspector or any other City officials based on this ordinance.
13-4-2. 
The appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with Building Inspector and with the Board of Adjustment a written notice of appeal specifying the grounds.
13-4-3. 
All papers constituting the record upon which the action appealed from was taken shall be transmitted to the Board of Adjustment.
13-4-4. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other 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 Building Inspector and on due cause shown.
13-4-5. 
The Board of Adjustment shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide it within a reasonable time. Upon a hearing, any party may appear in person, or by agent or attorney.
[Ord. No. 2030-26, 2-3-2026]
The Zoning Board of Adjustment shall have the following powers and duties:
13-5-1. 
Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this ordinance.
13-5-2. 
Variances. To authorize, upon appeal in specific cases, such variances with 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, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, building or structures in the same district, or of permitted or nonconforming uses in other districts, shall not constitute a reason for the requested variance. Such variance may be granted in such individual cases of unnecessary hardship upon finding by the Board of Adjustment that the following conditions exist:
(A) 
There are exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district. A personal hardship exists on the part of an individual property owner which will not permit them to enjoy the full utilization of their property which is given to others within the City. A hardship exists only when it is not self-centered, or when is not economic in nature.
(B) 
Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.
(C) 
A literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
(D) 
The requested variance will be 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 are not the result of the actions of the applicant.
(F) 
The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.
(G) 
The variance is not a request to permit a use of land, building or structure which is not permitted in the district involved.
13-5-3. 
Conditional uses. To hear and decide only such conditional uses as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether a conditional use should be granted; and to grant conditional uses with such standards and safeguards as are appropriate under this ordinance, or to deny conditional uses when not in harmony with the purpose and intent of this ordinance. A conditional use shall not be granted by the Board of Adjustment unless and until:
(A) 
A written application by the property owner or his/her agent for a conditional use is submitted indicating the section of this ordinance under which the conditional use is requested.
(B) 
Notice shall be given at least two weeks in advance of public hearing.
(C) 
A public hearing shall be held and a party may appear in person, or by agent, or attorney.
(D) 
The Board of Adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant a conditional use and that the granting of the conditional use will not adversely affect the public interest.
(E) 
The Board shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangements have been made concerning the following where applicable:
(1) 
Satisfactory ingress and egress to property and proposed structures with particular reference to automotive and pedestrian safety and convenience, traffic flow and control.
(2) 
Provision for off-street parking and loading areas where required, with particular attention to the items in Subsection (E)(1) above and the economic, noise, glare, and odor effects of the special use on adjoining properties in the area.
(3) 
Sufficient utilities, with reference to locations, availability and compatibility.
(4) 
Buffering with reference to type, location and dimensions.
(5) 
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.
(6) 
Location, use, plan, elevations and dimensions of each building or structure to be constructed.
(7) 
Location, dimension, and arrangement of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, pedestrian ways, location and width of roads, streets and sidewalks.
(8) 
General compatibility with the adjacent properties and other properties in the district.
[Ord. No. 2030-26, 2-3-2026]
13-6-1. 
In exercising the above-mentioned powers, the Board of Adjustment may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and, to that end, shall have the powers of the Building Inspector.
13-6-2. 
The concurring vote of four members of the Board shall be necessary to reverse the order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance.