Code of Alabama

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45-49-261.09
Section 45-49-261.09 Powers of board of adjustment. (a) The board of adjustment shall have
all of the following powers: (1) To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an administrative official in
the enforcement of the zoning regulations adopted pursuant to this part. (2) To hear and decide
special exceptions to the terms of the zoning regulations adopted pursuant to this part. (3)
To authorize upon appeal in specific cases the variance from the terms of the zoning regulations
as will not be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of the zoning regulations will result in unnecessary hardship
and so that the spirit of the ordinance or regulations required shall be observed and substantial
justice done. The foregoing provisions shall not authorize the board of adjustment to approve
a use not permitted by the zoning regulations. (b) In...
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45-2-261.12
Section 45-2-261.12 Powers of the board of adjustment. The board of adjustment shall have all
of the following powers: (1) To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an administrative official in
the enforcement of the zoning regulations adopted pursuant to this subpart. (2) To hear and
decide special exceptions to the terms of the zoning regulations adopted pursuant to this
subpart. (3) To authorize upon appeal in specific cases the variance from the terms of the
zoning regulations as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of the zoning regulations will result
in unnecessary hardship and so that the spirit of the ordinance or regulations required shall
be observed and substantial justice done. The foregoing provisions shall not authorize the
board of adjustment to approve a use not permitted by the zoning regulations. In...
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45-37A-56
Section 45-37A-56 Zoning board of adjustment. (a) The governing body of any city which may
now or hereafter have a population of 300,000 inhabitants or more, according to the last or
any subsequent federal census and which may now or hereafter have in force and effect a comprehensive
zoning ordinance shall provide for the appointment of a zoning board of adjustment and in
the zoning regulations and restrictions adopted by the city pursuant to the authority of the
laws of this state, provide that the zoning board of adjustment, in appropriate cases and
subject to appropriate conditions and safeguards, shall make special exceptions to the terms
of the zoning ordinance of the city in harmony with its general purpose and intent, and in
accordance with general or specific rules therein contained. The zoning board of adjustment
shall consist of seven members, each to be appointed by the governing body of the city, and
each shall hold office for a term of seven years or until the time as his...
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11-19-19
Section 11-19-19 County board of adjustment. In availing itself of the powers conferred by
this chapter, the county commission shall provide for the appointment of a board of adjustment
and may provide that the said board of adjustment shall, in appropriate cases and subject
to appropriate conditions and safeguards, make special exceptions to the terms of the zoning
ordinance or regulations in harmony with its general purposes and interests and in accordance
with general or specific rules adopted pursuant to this chapter. The board of adjustment shall
consist of five members who shall be appointed from among the residents of the county by the
county commission to serve for a term of three years; provided, that in establishing the board
of adjustment, the county commission may designate the terms of the members first appointed
on such basis that the term of one member will expire each year thereafter. Such members shall
be removable for cause by the county commission upon written...
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11-52-80
Section 11-52-80 Board of adjustment - Creation; composition; qualifications, appointment,
terms of office and removal of members; vacancies; adoption of rules of procedure; meetings;
record of proceedings; procedure for appeals to board from decisions of administrative officials;
powers of board as to appeals. (a) In availing itself of the powers conferred by this article,
the legislative body of any incorporated city or town may provide for the appointment of a
board of adjustment and, in the regulations and restrictions adopted pursuant to the authority
of this article, may provide that the said board of adjustment shall in appropriate cases
and subject to appropriate conditions and safeguards make special exceptions to the terms
of the ordinance in harmony with its general purposes and interests and in accordance with
general or specific rules therein contained. The board of adjustment shall consist of five
members, each to be appointed for a term of three years, except that in the...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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11-44C-98
Section 11-44C-98 Board of adjustment. (a) In any Class 2 municipality, any law to the contrary
notwithstanding, the number of members on a board of adjustment provided for in Section 11-52-80,
whose members are appointed by the governing body of the Class 2 municipality shall be the
same as the number of members of the governing body of the Class 2 municipality. (b) In exercising
the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or modify
the order, requirement, decision, or determination appealed from and may enter the appropriate
order, requirement, decision, or determination and, to that end, shall have all the powers
of the officer from whom the appeal is taken. The concurring vote of five members of the board
shall be necessary to reverse any order, requirement, decision, or determination of an administrative
official or to decide in favor of the applicant on a matter upon which the board is required
to pass under any ordinance or to effect any...
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11-52-80.1
Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming or modifying
decisions, etc.; terms of planning commission members terminated; duties, powers, etc. (a)
When used in this section, the words municipality, municipalities, and mayor shall have the
meanings as provided for in Section 11-52-1. (b) The council of any Class 5 municipality with
a city manager or mayor commission form of government may determine by ordinance that any
board of adjustment of the municipality created pursuant to Section 11-52-80, shall consist
of seven members: six regular members appointed by the council and representing as equally
as possible the several districts, wards, or other areas of the municipality, to be determined
by the council, and one regular member appointed by the mayor. (c) In exercising the powers
in subsection (d) of Section 11-52-80, the board may reverse, affirm, or may modify the order,
requirement, decision, or determination appealed from and may enter...
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45-41-260.13
Section 45-41-260.13 Exemptions to zoning regulations. The commission, in appropriate cases
and subject to appropriate conditions and safeguards, may make special exceptions to the terms
of the zoning regulations in harmony with its general purposes and interests and in accordance
with general or specific rules adopted by the commission. Anyone wishing to appeal from an
existing zoning regulation may file a written petition stating the basis for the appeal, whereupon
the commission shall fix a date for such hearing, giving notice as to the commission may seem
appropriate, and on such hearing the commission shall have the following powers: (1) To hear
and decide appeals where it is alleged there is error in any order, requirement, decision,
or determination made by the commission or official in the enforcement of this article or
any regulation adopted pursuant to this article. (2) To hear and decide on requests for special
exceptions to the term of provisions of the regulations upon...
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4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any person
aggrieved by any decision of an administrative agency made in its administration of airport
zoning regulations adopted under this chapter or any governing body of a political subdivision
which is of the opinion that a decision of such an administrative agency is an improper application
of airport zoning regulations of concern to such governing body or board may appeal to the
circuit court of the county where such airport is located. (b) All appeals taken under this
section must be taken within 10 days by filing with the agency from which the appeal is taken
a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the court all the papers constituting the record upon which the
action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the agency from which the appeal...
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