ORDINANCE #2023-02-20

ORDINANCE #2023-02-20

CITY OF ROANOKE

ORDINANCE CREATING

THE ZONING BOARD OF ADJUSTMENTS

BE IT ORDAINED BY THE CITY COUNCIL OF ROANOKE, ALABAMA, AS FOLLOWS:

Section 1.

There is hereby created a zoning board of adjustments for the City to consist of five (5) members plus two(2) supernumerary, to be appointed for three terms and in the manner set forth in Section 11-52-80, Code of Alabama, 1975.

Section 2.

The zoning board of adjustments is hereby authorized and empowered to exercise all powers and do all things authorized to such commission by Title 11, Chapter 52, of the Code of Alabama, as it may deem necessary for its work.

State law has given the Zoning Board of Adjustment authority to decide issues in three distinct areas: (1) variance requests; (2) interpretation of existing zoning ordinances; and (3) requests for uses that may be permitted by the zoning ordinance upon appeal.

Section 3.

A. Regular Meetings -Regular meetings of the Zoning Board of Adjustment shall be held on the fourth Monday of each month at 5:30 p.m. at City Hall.

B. Special Meetings -Special meetings of the Zoning Board of Adjustment may be called at any time by the Chairman. At least a twenty-four (24) hour notice of the time and place of special meetings shall be given by the Chairman to each member of the Zoning Board, provided, that this requirement may be waived by action of a majority of all members.

C. Cancellation of Meetings -When there is no business for the Zoning Board of Adjustment, the Secretary will give notice to all members not less than twenty-four (24) hours prior to the time set for the meeting.

D. Notification of Absence -Each member of the Zoning Board of Adjustment who has knowledge of the fact that he/she will not be able to attend a scheduled meeting of the Board shall notify the Planning Department at the earliest possible opportunity and, in any event, prior to 4:00p.m. on the day before the meeting. The Secretary shall notify the Chairman of the Board and other members in the event that the projected absence (s) will produce a lack of quorum. A member who misses three (3) consecutive meetings without notifying the Planning Department/recording secretary shall be considered delinquent. Delinquency shall be grounds for removal from the Board for non-performance of duty.

E. Quorum -A quorum shall consist of four (4) members of the Board.

F. Conduct of Meetings -All meetings shall be open to the public. The order of business at regular meetings shall be as follows: (a) roll call; (b) reading of minutes of previous meeting; (c) unfinished business: (d) new business; (e) citizen comments.

G. Deadline for Agenda-The deadline for filing for placement on the agenda for any appeal or interpretation shall be fourteen (14) working days prior to consideration by the Zoning Board of Adjustment.

H. Filing of Application -An appellant must file a completed notice of appeal with the secretary of the Board.

Section 4.

The mayor and City council are hereby authorized to make all appointments and exercise all authority with respect to the planning commission as is authorized by Title 11, Chapter 52, of the Code of Alabama.

Section 5.

This ordinance shall become effective upon its adoption and publication as required by law.

ADOPTED AND APPROVED THIS THE 28TH DAY OF FEBRUARY, 2023

Jill Patterson, Mayor

ATTEST:

Amanda Davis, City Clerk

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