Zoning Board of Adjustment

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.

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:

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.