§ 1008. Appeal of an Administrative Interpretation or Action.

Appeals to the Zoning Board of Adjustment may be made by any person aggrieved or affected by any provision of this Ordinance or by any decision, or any order to stop, cease, and desist, issued by the Planning Commission, Codes Enforcement Officer, or their designated representative, in enforcing the provisions of this Ordinance.

1008.01. General Rules and Procedures for Appeals.

A.

Any appeals from the rulings concerning the enforcement and interpretation of any provision of this Ordinance shall be filed with the Planning & Zoning Department within 15 days after the date of said ruling. All required fees shall be submitted along with a completed application and any additional information requested by the staff.

B.

All appeals and applications made to the Board shall be in writing on forms prescribed by the Board and accompanied by fees prescribed by resolution of the City Council.

C.

All appeals and applications shall refer to the specific provisions of this Ordinance involved; and the grounds for the appeal.

D.

The Board shall select a reasonable time and place for hearing the appeal and give due notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay. The Board may affirm, reverse, wholly or in part, or modify the order, requirement, decision, or determination, as in its opinion it determines ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken. Complete records of all appeal actions of the Board shall be maintained in the Planning & Zoning Department.

E.

Within ten (10) days after the close of a public hearing the Board shall render a written decision giving the reason(s) for its decision.

F.

In rendering a decision with respect to an appeal from any order, decision, or determination the Board shall strictly interpret the language of the Ordinance and shall find that the city official was correct in his/her decision or in error. Should the Board find that the interpretation, decision or actions was in error they must provide what is in their opinion the correct interpretation, decision or action. However, the Board shall not render any decision which shall modify an order, decision, or determination which confers rights or privileges on the appellant that are not otherwise permissible under the strict interpretation of the language of this Ordinance.

G.

Such decision shall be submitted to the appellant and the Planning & Zoning Department.

1008.02. All decisions rendered by the Board shall be final and binding on all parties. No request for a variance or appeal of an administrative decision shall be reheard, and no further application shall be accepted, once a decision has been given, except under one or more of the following conditions:

A.

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.

B.

The decision resulted from an error, made by the Board, or any other City official, in procedures required by this Ordinance or State law.

C.

The decision resulted from an error in substantive law under the provisions of this Ordinance or the Code of Alabama.

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

If the Board finds that one or more of these conditions exists, the applicant shall be permitted to submit a new application, together with the required fees. The new application shall be heard at a subsequent meeting, and shall be subject to all regular advertising and procedural requirements. Allowing a new application does not obligate the Board to grant the request.

Any person aggrieved by any decision of the Board may within 15 days after such decision appeal to the Circuit Court having jurisdiction.