Zoning Board of Adjustment

Zoning Board of Adjustment

Interested in participating in a Zoning Board of Adjustment public hearing? There are two options available to provide input for consideration:

1. In advance by written comment. There's no need to attend in-person. Submit written comments by email at zba@tuscaloosa.com 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.
2. During the meeting, in person. You can attend the meeting in-person to speak by coming to the Council Chambers located at 2201 University Boulevard. Parking is in the Intermodal Facility located at the corner of 7th Street and 23rd Avenue.

*New Speaker Limit: Those wishing to speak in favor or in opposition are both limited to four speakers each, for a maximum of five minutes per speaker. Sign ups will be first come first serve beginning at 4:30 p.m. on the meeting date.

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: May 22, 2023

History

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.

Meetings

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.

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.

Members

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:

1. 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.
2. To hear and decide requests for special exceptions expressly allowed by this chapter, subject to the warrants and criteria set forth in article VII.
3. 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.

Commission Members