Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or department of Mobile County affected by any decision of any administrative officer representing the county in an official capacity in the enforcement of this part or of any ordinance or regulation adopted pursuant to this part. Notwithstanding any provision herein, the board of adjustment shall have no jurisdiction to review any decision already determined by the Mobile County Commission. The appeal shall be taken within 30 days of the decision by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board of adjustment all papers constituting the record upon which the action was taken. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. The proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for hearing the appeal, give public notice to the interested parties, and decide the appeal within a reasonable time. Any party may appear in person, by agent, or by an attorney.
Structure Code of Alabama
Article 26 - Zoning and Planning.
Part 2 - North Mobile County Planning and Zoning Commission.
Section 45-49-261 - Applicability.
Section 45-49-261.01 - Creation; Jurisdiction; Powers and Duties.
Section 45-49-261.02 - Composition.
Section 45-49-261.03 - Preparation and Maintenance of Master Plan.
Section 45-49-261.04 - Procedure for Adoption and Amendment of Ordinances and Regulations.
Section 45-49-261.05 - Purposes and View.
Section 45-49-261.06 - Procedures for Exercising Planning and Zoning Powers.
Section 45-49-261.07 - Board of Adjustment.
Section 45-49-261.08 - Appeals to Board of Adjustment.
Section 45-49-261.09 - Powers of Board of Adjustment.
Section 45-49-261.10 - Appeal to Circuit Court.
Section 45-49-261.11 - Permit and Application Fees.
Section 45-49-261.12 - Remedies.
Section 45-49-261.13 - Limitations on Authority of Planning Commission.
Section 45-49-261.14 - Zoning Ordinances and Regulations Not Retroactive.
Section 45-49-261.15 - Appointments to Planning Commission.