§ 45-49-91.18 — Appeals to Mobile County Commission

Alabama § 45-49-91.18

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 49: Mobile County
• Art. 9: Economic and Industrial Development and Tourism
• Part 2: Fowl River Planning and Land Use Control District

Text

(a) Appeals to the Mobile County Commission may be taken by any aggrieved person. The appeal shall be taken as provided by the rules of the board and within the time period prescribed by its rules, by filing notice of appeal specifying the grounds thereof with the board from whom the appeal is taken and with the Mobile County Commission. The board shall transmit to the Mobile County Commission with the notice of appeal all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the board certifies to the Mobile County Commission, after receiving notice of the appeal, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. The Mobile County Commission 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 body or official in the enforcement of this part or of any ordinance adopted pursuant thereto.
(2) To authorize upon appeal in special cases the variance from the yard, open space, bulk, and height requirements of the ordinance as will not be contrary to the public interest, where, owing to special conditions of the building site or land, a literal enforcement of the ordinance will result in unnecessary hardship, all in order that the spirit of the ordinance shall be observed and substantial justice done.
(b) Nothing in this part shall authorize the Mobile County Commission to approve a use not permitted by an ordinance or regulation of the board. The county commission may reverse, modify, rescind, or change an action of the board only when it finds the board’s action to be arbitrary and inconsistent with the district’s master plan or the spirit thereof and when found to be inconsistent with a preexisting countywide or regional master plan. The concurring vote of a majority of the commission shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, agency, or commission, or to decide in favor of the applicant, on any matter upon which it is required to pass under the ordinance, or to effect any variation in the ordinance. The Mobile County Commission shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or the portions thereof as may be called on by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

Legislative History

(Act 2005-75, p. 111, § 19.)