The regulations, restricts, procedures, Official Zoning Map, district regulations, and other material set out in this Ordinance may from time to time be amended, supplemented, changed, or repealed. Proposed changes or amendments may be initiated by:

a.

The City Council;

b.

Planning Commission;

c.

Any person other than those listed in (a) or (b) above; provided, however, that no such person shall propose an amendment for the rezoning of property which he/she does not own except as agent or attorney for an owner.

100.1 APPLICATION AND FEES. All zoning amendments shall be considered in the manner herein set out.

a.

APPLICATION. All petitions for zoning change or amendment shall be made on forms available at the Office of the City Clerk, and accompanied by a map indicating the location of the proposed change. Such application shall be filed with the City Clerk no later than twenty (20) days prior to the Planning Commission's meeting at which the application is to be considered. The Planning Commission will not reconsider rezoning petitions for a period of twelve (12) months following denial by the City Commission.

b.

FEE. A fee of one hundred dollars ($100.00) plus the cost of legal notice advertising shall be paid to the City or Russellville with each petition for zoning change to cover the administrative expenses and costs of amendment to the Zoning Ordinance. Fees for petitions to amend this Ordinance shall be payable prior to action by the City Council or its Planning Commission.

100.2 PLANNING COMMISSION PROCEDURE FOR AMENDMENT. The Planning Commission shall review and make recommendations to the City Council on all proposed amendments to this Ordinance as set forth below:

a.

PLANNING COMMISSION PUBLIC HEARING. The Planning Commission may, at its discretion, hold a public hearing on any proposed zoning amendment. When a public hearing is deemed necessary by the Planning Commission, notice of said hearing shall be published in a newspaper of general circulation in the City of Russellville at least once a week for two (2) consecutive weeks prior to the hearing, provided further that the first notice shall appear ten (10) days in advance of said hearing. The notice shall state the time and place of the hearing, and stating further at such time and place, all persons who desire shall have an opportunity of being heard in opposition to, or in favor of, such amendment. In addition to the published hearing notice, a notice of such public hearing shall be sent to all adjoining landowners by registered mail as their names appear upon the plats in the Franklin County Tax Assessor's Office. It shall be the responsibility of the applicant to provide the list of names and addresses of adjoining property owners to the City Clerk.

b.

PLANNING COMMISSION REPORT TO CITY COMMISSION: TIME LIMIT. Within thirty (30) days from the date a proposed zoning amendment is officially received by the Planning Commission, unless a longer time is mutually agreed upon between the City Council and the Planning Commission in the particular matter, the Planning Commission shall submit its report and recommendation to the City Council. If the Planning Commission does not submit its report and recommendations within the prescribed time, the Planning Commission shall be deemed to approve the amendment and the City Council may proceed to action on it.

c.

PLANNING COMMISSION REPORT REGARDING REZONING OF LAND. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable:

1.

Whether the proposed change would be contrary to any existing City Land Use Plan;

2.

The existing land use pattern;

3.

Possible creation of an isolated district unrelated to adjacent and nearby districts;

4.

The population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, streets, etc.;

5.

Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

6.

Whether changed or changing conditions make the passage of the proposed amendment necessary;

7.

Whether the proposed change will adversely influence living conditions in the neighborhood;

8.

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

9.

Whether the proposed change will create a drainage problem;

10.

Whether the proposed change will seriously reduce light and air to adjacent areas;

11.

Whether the proposed change will adversely affect property values in the adjacent area;

12.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations;

13.

Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with public welfare;

14.

Whether there are substantial reasons why the property cannot be used in accord with existing zoning;

15.

Whether the change suggested is out of scale with the needs of the neighborhood or the City; and

16.

Whether it is impossible to find other adequate sites in the City for the proposed use in districts already permitting such use.

d.

PLANNING COMMISSION REPORT REGARDING OTHER PROPOSED AMENDMENTS. When pertaining to other proposed amendments of this Ordinance, the Planning Commission shall consider and study:

1.

The need and justification for the change;

2.

The relationship of the proposed amendment to the purposes and objectives of any comprehensive planning program or Comprehensive Plan of the City, with appropriate considerations as to whether the proposed change will further the purposes of this Ordinance and other City ordinances, and regulations.

e.

STATUS OF THE PLANNING COMMISSION REPORT AND RECOMMENDATIONS. The report and recommendations of the Planning Commission required by Subsection 100.2 (b—d) above shall be advisory only and shall not be binding upon the City Council.

100.3 CITY COUNCIL PROCEDURE FOR AMENDMENT.

The following procedure shall be followed by the City Council in its consideration of all proposed amendments to this Ordinance.

a.

CITY PUBLIC HEARING. Upon receipt of the Planning Commission's report and recommendations, or in the event that the Planning Commission has not made its report and recommendations within the time limit specified in Subsection 100.2(b) above, the Council shall hold a public hearing with notice to be given by publication in a newspaper of general circulation published within the City of Russellville, Alabama, of the proposed Ordinance in its full text for one insertion and an additional insertion of a synopsis of the proposed Ordinance one week after the first insertion which synopsis shall refer to the date and name of the newspaper in which the proposed Ordinance was first published. Both such insertions shall be at least 15 days in advance of the final passage of said proposed Ordinance as required by Code of Ala. 1975, §§ 11-52-77 and 11-52-78, as supplemented and amended.

b.

FAILURE OF CITY COUNCIL TO ACT. If a Planning Commission recommendation for a change in the Zoning Map is not acted upon within 60 days of the date of the Planning Commission's report to the City Council, the petition upon which the report and recommendation is based shall be deemed to have been denied.

c.

LIMITATIONS ON THE REZONING OF PROPERTY.

1.

No amendment to rezone property shall contain conditions, limitations, or requirements no applicable to all other property in the district to which the particular property is rezoned.

2.

Whenever the City Council has, by amendment, changed the zoning classification of property, the Planning Commission shall not then consider any petition for rezoning of any part or all of the same property for a period of six months from the effective date of the amendatory ordinance.

3.

Upon enactment of an amendment to the Official Zoning Map which is part of this Ordinance, the Administrative Officer shall cause such amendment to be placed upon the Official Zoning Map noting thereon the Ordinance number and effective date of such amendatory ordinance.

4.

Upon enactment of an amendment to this Ordinance, a notice of such shall be published in a newspaper of general circulation published in the City of Russellville announcing the new zoning classification of property affected or change in the provisions of the Ordinance. The change shall become effective upon the date of the announcement.

5.

Whenever the City Council has denied an application for the rezoning of property, the Planning Commission shall not thereafter consider any further application for the same rezoning of any part or all of the same property for a period of one (1) year from the date of such action.

II. SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and words of this Ordinance are severable. If any word, clause, sentence, paragraph, or section is declared unconstitutional or otherwise invalid by a valid judgment of decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remain words, clauses, sentences, paragraphs, and sections, as the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid word, clause, sentence, paragraph or section.

III. REPEALER. All ordinances and parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed.

IV. EFFECTIVE DATE: This Ordinance shall become effective upon adoption and publication as required by law.