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Home My WebLink About08-10-1956 Regular and Public MeetingFAIRHOPE PLANNING-& ZONING BOARD REGULAR & PUBLIC MEETING AUGUST 10, 1956 at 7:30 P.M. at CITY HALL Members Present: C hairman Woolley, Pierce Frederick, C. B. Niemeyer, J. E. Gaston, Sr., Richard Macon, L. C. Maury. Members Absent: Cecil Pitman, Gavin Hunter, E. B. Overton. Minutes of previous regular and Special Meetings were read and approved. - - A discussion was held on Sam Dyson request for rezoning his lots in vicinity of Bancroft and Pine from R-2 to B-2. Moved by Richard Macon 2nd by J. E. Gaston, Sr. that there being no objection expressed that Sam Dyson request of his letter June 21st, 1956 to rezone from R-2 to B-2 (These are Lots 1 & 2 Block 1 Division 4) of Fairhope single Tax Corporation Land. Motion carried Next meeting to be held at 7:00 P.M. deptember 7, 1956 at City Hall. Meeting adjourned. ailtsof r� Ina, CI rY OF m aHOPE BAG —LAWS OF HOAa D OF ZONING ADJUS-MENP SF.C11ON 1, GENERAL GOV3R,3ING UL the Board of Adjustment shall be governed by the provisions of Title 37994apter 169 Article 29 Section 781, of the Code of Alabana, 10, and by the provisions of the Zoning Ordinance of the City of Fairhope, adopted October 1954 and effected the same time. And such amendments thereto as may be adopted from time to time. ARTICLE 2. OFFICERS Item 1. the Hoard shall organize and elect a Chairman and Vice Chairman annually at the first regular meeting in January of each year. Item 2. the Chairman shall preside at all meetings and hear- ints of the Board; he shall decide all paints of order or pro- cedure and shall appoint any committees that may be found neces- sary. Item 3, The Vice -Chairman shall assume the dut6es of the Chair- man in his absence. Item 4. Me Secretary, (as provided by the City of Fairhope or selected by the Board and who shall not be a member of the Board) shall conduct all official correspondence subject to these rules at the direction of the Board; shall send out all notices required by these rules •f procedure; shall keep the minutes of the Board's proceedings and keep a file on each case which comes before the Board. A_?r1Cl,e. 3. MESUNGS Item 1. A regular meeting of the Board of Zoning Adjustment for the hearing of cases shall be called on the 2nd Tuesday of each month at City Hall, at 7;p.m. When no oases are pending at the time the regular meeting is set, then, on notice from the Chair - mans the meeting will be omitted. Item 2. Special meeting a may be Galled by the Chairman, or by written request of two members, made to the Secretary, providing at least 48 hours of notice of such meeting is given each member. Item 3• A quorum shall consist of three members. Item 4. Me order of business at all regular meetings of the Board shall be as follows: (a) roll call, (b) reading of the minutes of previous meeting, (c) unfinished business, (d) hear- ing of oases and (a) new business. Item 5• The Board may adjourn a regular meeting to meet on a date set at the adjournment, if all applications or appeals can not be disposed of on the day set, and no further public notice shall be necessary for such a meeting. A&TI CLE 4. I E EC- 01 Whenever the Board deems it necessary to inspect premises in. volved, in an appeal, application for a special exception, or ap- plication for adjustment, the Chairmah shall designate not less than two (2) members to make such inspection. R tICLn_ 5._ P32CRDURE FOR RM-FU ( CAS_X Item 1. Appeals to the Board may be taken by any person affec- ted by any decision of the Building Inspector and by applica- tion for a special exception or for an adjustment. Such appeal shall be filed with the Building Inspector on the form provided by the Loning Adjustment Board. The Building Inspector will transmit the appeal to the Secretary of the Board along with all papers constituting the record upon which the action appealed from was taken. Item 2. The Applicant shall provide the Secretary with all in- formation requested by the form prescribed by the Hoard of Zoning Adjustment, and any such additional information and data an may be required to advise the Board fully with reference to the application or appe al, whether such information is called for by the official forms or not. Fo application or appeal will be considered by the Board unless it to made on the form required. Item 39 An application or appeal filed according to the above procedure shall be given a case number within 5 days by the Sec- retary, Application or appeals will be assigned for hearing in the order in which they are received. Item 4. The secretary of the Board dhall notidyy the parties in interest of the time scheduled for the public hearing of the case by giving 10 days public notice in a newspaper of general circulation. The time for the hearing shall be within 30 days after the filing of notice of appeal or application. Item 5• Conduct of Hearings: (a) Statement of the case by the chairman, (b) Verification that all legal requirements have been complied with, (c) Hearing of evidence and examination of wit- nesses. Item 6. At the time of the public hearing the applicant may appear in his own behalf or be represented by counsel or agent. The applicant0s statement shall be made first, followed by that of the .Building Inspector and any pr6vate oitiZen for or against the proposal. The applicant shall be given an opportunity for a final rebuttal, Item ?. Final decision of any application or appeal to the Board of Ad*ustment shall be in the Form of a resolution which must be approved by the required number of the membership of the Board. Item 8. nmv&vtwxtKtmxxstxmm3rxa 3dcrosft Within 30 days after the hearing the Board shall notify the parties in interest and the Building Inspector of its deoision. The Chairman$ upon the approval of the Board, shallmake the necessary arrangements to fill vacanoies, oaused by the death, resignation or the prolonged absence Of members. Utlale Z. DZTFRt�tAAINAT^ IONS Item 1. Form of Decisions The final decision of the Board upon any appeal or application shall be made by a written order duly entered and signed by the Chairmen, or in his absence, by the Vice-chairman. Such order shall show the reasons for the determaination and may reverse or affirm, wholly, or partly, or nay modify the order, requirment, decision or determination as ought to be made. The decision of the Board shall state in detail any exceptional difficulty or unusual hardship upon which the determaination is based. The appellant shall be at advised by certified mail of the Board's determination. Item 2, jonditioln. Zmpoeedto nations Whenever the Board imposes conditions with xiMM3= respect o the granting of a special exception or varlanoe#such conditions must be stated in the Board order and in the permit issued pursuant thereto by the administrative officer. Such permit shall remain valid only as long as the conditions upon which it is granted and the con- ditions imposed by the Zoning Ordinance are adhered to. Stem 3, jjme k I t on Obtaining e is Un;ess otherwise speci- fied by the Boardq a special exception or variance authorized by the Board shall expire if the applioant fails to obtain a building; permit pursuant thereto within six (6) months from the date of authorization of the special exception or variance. The applicant shall be notified of this limitation. A-14TICLE�$,s,_GUSP L RULES Item 1. a „ nmet orrRevocations The By-laws of the Board may be amenderovokec�MY meeting by a majority votes pro- viding notice of Intention to amend or revoke has been given by the Chairman, in wi.rting, to all members five (5) days prior to the meeting. These by-laws shall be filed in the office of the Board and shall be a public record. «40 Item 29 Vot rnn�,,s The concurring vote of four (4) members of the Board shall neoessary to reverse any order, requirement, de- cision# or determination of any administrative official, or to decide in favor of the applicant any special exception or variance. No member shall sit in hearing or vote in passing upon any case In which he shall be personally interested, financially or other- wise. A member who was not present at the hearing of the case shall not vote on such case* and an absent member shall not re- cord his vote upon any case. Questions other than those calling for concurring vote of four members shall be decided by a majority vote, provided a quorum to present and qualified to vote. (b) The Chairman shall have equal voting proviledges with other mere.. bers of the Board. ARTICLE _9,.„tM00223 s Item le A file of all material and ddcisions relating to each case shall be kept by the Secretary as part of the records of the Board. of Zoning Adjustment. I tam 2. All records of the Board shall be a public record. T ESYS Y-LAWS ADOPTED THIS THE _„.� aAY of7L- 19 6 „• BOMD MMSEdS s Vibe -Chairman hem er Member Member Mem r rman