The Mobile County Commission shall provide for the appointment of a board of adjustment and the regulations and ordinances adopted pursuant to the authority of this part shall provide that the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, may make special exceptions to the terms of the ordinances and regulations in harmony with their general purposes and interests and in accordance with general or specific rules therein contained. The board of adjustment shall be appointed by the Mobile County Commission. The board of adjustment shall consist of three members who shall be qualified electors of the planning jurisdiction. The board of adjustment shall reflect as nearly as practical the diversity of land use in the areas within the jurisdiction of the commission. No more than one of the members of the board of adjustment shall be directly engaged in real estate sales, development, or construction or any directly related field. Each regular member shall be appointed for a term of three years in such a manner to serve staggered terms. A regular member shall continue service until a successor is duly appointed. The members of the board of adjustment shall elect a chair. Members of the board of adjustment may be removed for cause by the Mobile County Commission upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board of adjustment shall adopt bylaws in accordance with the provisions of any ordinance or regulation promulgated pursuant to this part. Meetings of the board of adjustment shall be held at the call of the chair of the board and at other times as the board may determine, provided that the board of adjustment shall meet not less than once every three months on a day to be determined by the board. The chair or, in his or her absence, the acting chair may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and of other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.
Last modified: May 3, 2021