12Special Exceptions.(a) The planning commission, in appropriate cases andsubject to appropriate conditions and safeguards, may make special exceptionsto the terms of the zoning regulations in harmony with its generalpurposes and interestsand in accordance with general or specific rules adopted by the planningcommission. Any person wishing toappeal from an existing zoning regulation may file a written petition statingthe basis for the appeal. The planning commission shall fixa date for a hearing, giving such notice as it may deem appropriate, and at thehearing the planning commission may do any of the following: (1) Hear and decide appeals where it is alleged there is error in anyorder, requirement, decision, or determination made by the planning commission or official in the enforcement of this or of any regulation adoptedpursuant thereto. (2) Hear and decide on requests for special exceptions to the term orprovisions of the regulations upon which the planning commission is required topass. (3) Authorize upon appeal in special cases such variance from the yard,open space, land use, bulk, and height requirements of the regulations as willnot be contrary to the mission is required topass. (3) Authorize upon appeal in special cases such variance from the yard,open space, land use, bulk, and height requirements of the regulations as willnot be contrary to the public interest, where, owing to special conditions ofthe building site or land, a literal enforcement of the provisions of theregulation will result in unnecessary hardship, all in order that the spirit of the regulations shall be observedand substantial justiceis done. (b) Variances may be granted for any condition other than the cost. (Act 95–573, p. 1198, § 13.)
Alabama Legal Code