Alabama Attorney General Opinion 1979-0125

THE ATTORNEY GENERAL STATE OF ALABAMA . MONTGOMERY, ALABAMA 3613 ooI a5 4ki * . ;. CHARLES A. GRADOICK ATTORNEY GENERAL 4,4nx? 31/4" 27 1919 Honorable Hugh Allen Mayor City of Demopolis Post Office Box 580 Demopolis, Alabama 36732 Municipalities--Zoning Zoning Board of Adjustment may, if conditions of Section 11-52-80 (d)(3) are met, permit a profes- sional office in an R-2 zone. Dear Mayor Allen: This office has received your opinion request as authorized by Resolution of the City Council of Demopolis. The question presented is: Does the Zoning Board of Adjustment have the authority to allow a professional of- fice to locate in an R-2 Zone? You have enclosed for our information a copy of Section 602 of the Zoning Ordinance which deals with regulation in the R-2 zone. It is noted that under Section 602.3.1 the following are "Uses Prohibited": Business, commercial, industrial uses and services conducted for profit. . . However, Code of Alabama 1975, 111-52-80(d)(3) provides that the board of adjustment shall have power, as follows: To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. Hon. Hugh Allen Page la 27 Numerous decisions of the Supreme Court of Alabama have upheld this grant of power noting that there must be strict compliance with the terms of the statute. Priest v. Griffin, 284 Ala. 79, 222 So.2d 353 (1969); Zoning Board of Adjustment v. Wright, 283 Ala. 654, 220 So.2d 261 (1969); City of Mobile v. Lee, 274 Ala. 344, 148 So.2d 642 (1963). It is, therefore, the opinion of this office that the Zoning Board of Adjustment may grant a variance only where all the re- quirements of Section 11-52-80(d)(3) are fully met. I do hope that this response sufficiently answers your in- quiry. If we may be of further assistance, please do not hesitate to contact us. Sincerely yours, CHARLES A. GRADDICK Attorney General By- CAROL JEAN SRITH Assistant Attorney General CJS/dmn M.9.170Perger„