Alabama § 45-49-261.09 Powers of Board of Adjustment

Alabama Statutes

§ 45-49-261.09 — Powers of Board of Adjustment

Alabama § 45-49-261.09

JurisdictionAlabama

Title 45Local Laws

Ch. 49Mobile County

Art. 26Zoning and Planning

Part 2North Mobile County Planning and Zoning Commission

This text of Alabama § 45-49-261.09 (Powers of Board of Adjustment) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 45-49-261.09 (2026).

Text

(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 justi

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(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 exercising its authority, the board may, in conformity with this part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and make the order, requirement, decision, or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the members of a board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or decide in favor of the applicant on any matter upon which it is required to act or to approve a variance from the terms of the zoning regulations adopted pursuant to this part.