Zoning Board of Adjustment
Due to the COVID-19 pandemic, the City of Tuscaloosa Zoning Board of Adjustment will hold public hearings with virtual participation capabilities to discuss upcoming applications.
There are several options available to provide input for consideration, listed below:
- In advance by written comment. There's no need to attend in-person. Submit written comments by email at firstname.lastname@example.org or through the comment form below no later than 3:00pm on the meeting date. Written comments from individuals will be provided to the Board for consideration at the meeting and read into the record during the meeting for up to three minutes for each written comment. If there is a large group with similar comments, we strongly encourage one letter to be written with multiple signatures on the letter. If a large number of letters are submitted for a single case, staff reserves the right to summarize the sentiments of the letters as either for or against.
- During the meeting, by phone. Comments can also be provided through phone by making an appointment with Staff no later than 10:00am on the meeting date. Following your request, you will receive instruction on joining the meeting via phone to provide your comments.
- During the meeting, by video conference. To speak for or against an application by video conference, you must schedule an appointment with staff no later than 10am on the meeting date or put in your request through the comment form below. You will receive instructions on joining the meeting by email.
- During the meeting, in person. You can attend the meeting in-person to speak, but you must make a request with Staff no later than 10:00 a.m. on the meeting date. For health and safety reasons, participants will be required to wear appropriate face coverings. During the meeting, you will wait in designated areas and enter Council Chambers when called to comment on the specific application.
Any individual wishing to provide supplemental information (PowerPoint, handouts, etc.) must submit the information to staff via email no later than 3:00pm the Friday before the meeting date for a Monday meeting, and 3:00pm the Monday before any special called Wednesday meeting.
Meeting Date: April 26, 2021
B & E Enterprises, LLC petitions for a variance from the billboard regulations at 1241 McFarland Boulevard East. Zoned MX-5. (Council District 5) CONTINUED FROM THE MARCH 2021 MEETING
Abdulnaser Moqbel petitions for a variance from the nonconforming structure regulations to construct an addition on the structure located at 1904 15th Avenue. Zoned ML. (Council District 2)
Anthony Sherman petitions for a special exception to allow a barber shop at 2211 18th Street. Zoned BGO. (Council District 2)
Bill Poole petitions for a special exception to allow a recreational vehicle park at 4700 University Boulevard East. Zoned BH. (Council District 5)
Marisa Walters petitions for a special exception to allow a short-term rental to operate more than 45 nights per year at 801 Red Drew Avenue Unit 2. Zoned RMF-2U (TOD). (Council District 4)
Elite Signature Properties, LLC petitions for a special exception to allow the short-term rental of a property located at 523 43rd Street. Zoned BN. (Council District 7)
Bruce and Felicia Henderson petition for a variance from the residential setback regulations for the construction of a new single-family residence located at 140 The Highlands. Zoned R-1. (Council District 5)
Randall Treglown petitions for a variance from the residential setback regulations to construct an addition on the structure located at 1718 3rd Street. Zoned R-1H. (Council District 1)
Originally the "Board of Adjustment," the Zoning Board of Adjustment (ZBA) was formed in 1959 to hear and decide requests for special exceptions, authorize any variances from the Zoning Ordinance, and to hear and decide appeals where there is believed to be an error in any order, requirement, decision or determination made by the zoning officer.
The ZBA normally holds a hearing on the fourth Monday of every month.
Hearings are held in the City Council Chamber on the second floor of City Hall beginning at 5 p.m. A pre-meeting will take place typically 30 minutes before the meeting begins.
Subdivision Covenants and HOA Regulations
The Zoning Board of Adjustment (ZBA) by virtue of State Law and City of Tuscaloosa Ordinance does not have the jurisdiction or authority to consider, interpret and/or enforce any term or condition of subdivision covenants and/or Home Owners Association (HOA) rules or regulations. These matters are therefore not relevant areas of inquiry by the Board on any petition. Such covenants or regulations are between the private parties involved and not the ZBA. That having been said, any decision made by the ZBA on any particular case does not necessarily preclude the enforcement of such subdivision covenants and/or HOA rules or regulations by other lawful means.
The ZBA consists of five residents of the city appointed by the City Council. In addition to the five regular members, two supernumerary members are appointed to serve at the call of the chairman in the absence of regular members. Their term of office is three years.
Sec. 24-192. - Membership of board.
The membership of the board of adjustment shall consist of five (5) residents of the city appointed by the city council. Their terms of office shall be three (3) years. In addition to the five (5) regular members herein provided for, two (2) supernumerary members shall be appointed to serve on such board at the call of the chairman, only in the absence of regular members, and while so serving have and exercise the power and authority of regular members. Such supernumerary members shall be appointed to serve for three-year terms and shall be eligible for reappointment. The board shall promptly notify the city council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the board shall hold no other office in the city, except that not more than one member of the board may also be a member of the planning commission.
Sec. 24-193. - Functions.
The board of adjustment shall perform the following functions:
- To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or determination made by the zoning officer in enforcement of this chapter or any valid law or regulation governing the action of such officials.
- To hear and decide requests for special exceptions expressly allowed by this chapter, subject to the warrants and criteria set forth in article VII.
- To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
|Robert Ennis, Chair||Robert E. Steward, Jr., Vice-Chair|
Paul Rollins, Jr.
|Angela "Michele" Coley (Supernumerary)||Howard Speights (Supernumerary)|