A Zoning Board of Adjustment is hereby established. Said Board shall consist of five (5) members, each to be appointed for a term of three (3) years by the City Council, except that in the first instance, one member shall be appointed for a term of three (3) years, two for a term of two (2) years, and two for a term of one (1) year. Thereafter, each member appointed shall serve for a term of three (3) years or until his successor is duly appointed. In addition to the five (5) regular members provided for in this Section, two (2) supernumerary members shall be appointed to serve on such Board at the call of the Chairman only in the absence of regular members and while so serving, shall have and exercise the power and authority of regular members. Such supernumerary members shall be appointed to serve for three (3) year terms and shall be eligible for reappointment.

The members of the Board of Adjustment serving on the effective date of this Ordinance shall be considered as the members to be appointed by the City and each of these members shall serve the balance of the term to which such member was appointed.

90.1 QUALIFICATIONS OF MEMBERS. Members of the Board of Adjustment shall not hold any other public position or office in the government of the City of Russellville. All members of the Board of Adjustment shall be electors of the City of Russellville.

90.2 VACANCIES. Vacancies in Board membership shall be filled by appointment by the City Council for the unexpired portion of the term of the member affected.

90.3 REMOVAL. Members of the Board of Adjustment may be removed from office for cause by the City Council upon written charges and after a public hearing.

91.1 OFFICERS AND VOTING. The Board of Adjustment shall select a chairman and vice-chairman from among its members and may create such other offices as it may determine.

91.2 RULES OF PROCEDURE. The Board of Adjustment shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of the Code of Alabama, and this Ordinance. Such rules of procedure shall be in written form available to persons appearing before the Board and to the public.

91.3 MEETINGS. Meetings shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. Meetings shall not be held without at least twenty-four (24) hours notice to each member. The Board of Adjustment shall have the power to take testimony under oath and compel the attendance of witnesses.

91.4 QUORUM; MINUTES; PUBLIC RECORDS. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member (including the Chairman or Vice-Chairman) of if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be a public record and be filed immediately in the Office of the Board.

Persons appearing before the Board shall have no right of challenge of any Board member; provided this provision shall not prohibit any person appearing before the Board from placing in the record a statement alleging bias and requesting disqualification for bias of any member or alternate member.

A quorum for the transaction of business shall consist of four (4) members; provided that no action that reverses the decision of the Administrative Officer shall be taken without the concurring votes of four (4) members.

91.5 DISQUALIFICATION OF MEMBERS. If any member of the Board of Adjustment shall find that his private or personal interests are involved in the matter coming before the Board, he shall disqualify himself from all participation in that case; or he may be disqualified by the votes of four (4) members of the Board, not including the member about whom the question of disqualification has been raised. No member of the Board of Adjustment shall appear before the Planning Commission or City Council as agent or attorney for any person.

It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Administrative Officer, and that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the decision of the Administrative Officer and that recourse from the decision of the Zoning Board of Adjustment shall be by appeal to the appropriate court as herein provided.

It is further the intent of this Ordinance that the duties of the City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding questions of interpretation shall be stated in this Article. Under this Ordinance, the City Council shall have only the duties of: (1) considering, adopting, or rejecting proposed amendments, or repealing this Ordinance, as provided by law; and (2) establishing a schedule of fees for permits and other expenses connected with the enforcement of this Ordinance.

The Zoning Board of Adjustment shall have the following powers and duties:

a.

Upon proper application, to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Office in the enforcement of this Ordinance or any other ordinance adopted pursuant thereto. (See Section 96.0 below.)

b.

Upon proper application, to hear and decide Special Exceptions to the terms of this Ordinance upon which said Board is required to pass under such Ordinance. (See Section 97.0 below.)

c.

Upon proper application, to hear and authorize in specific cases such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship and so that the spirit of the Ordinance shall be observed and substantial justice done. (See Section 98.0 below.)

In exercising the above-mentioned powers, the Board of Adjustments shall reverse or affirm, wholly or in part, shall modify the order, requirement, decision, or determination as ought to be made, so long as such action is in conformity with the terms of this Ordinance, and to that end, shall have the powers of the Administrative Office from whom the appeal is taken.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Office, to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in the application of this Ordinance.

Any person or persons, aggrieved by any decision of the Zoning Board of Adjustment may within fifteen (15) days hereafter appeal the decision to the appropriate court of law by filing with the Zoning Board of Adjustment a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal, the Board shall cause a transcript of the proceeding in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo.

The Board of Adjustment shall have the following powers and duties:

94.1 To hear and decide where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.

94.2 To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.

94.3 To authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. In exercising the above mention powers, such Board may, in conformance with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

Any party aggrieved by any final judgment or decision of the Board of Adjustment may within fifteen (15) days thereafter appeal therefor to the circuit court or court of like jurisdiction, by filing with the Board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, the Board shall cause a transcript of the proceedings in the cause to be certified to the court to which the appeal is taken and the cause in such court be tried de novo.

Procedure for Appeal of the Decision of the Administrative Officer to the Zoning Board of Adjustment concerning interpretation or administration of this Ordinance or for Variance under this Ordinance may be taken by an person aggrieved or by an officer, agency, or bureau of the City of Russellville affected by any decision of the Administrative Officer. Such appeals shall be taken with a reasonable time, not exceed thirty (30) days. The Administrative Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Officer certified to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a state would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or by a court of record on application, on notice the Administrative Officer and on due cause shown.

Applications may be taken to the Zoning Board of Adjustment for Special Exceptions to this Ordinance as defined in Article, III, Subsection 31.60. A Special Exception shall not be granted by the Zoning Board of Adjustment unless and until:

a.

An applicant shall submit to the Zoning Board of Adjustment a written application for said Special Exception indicating the section of this Ordinance under which the Special Exception is sought, and stating the grounds upon which it is requested.

b.

A fee of fifty dollars ($50.00) shall be paid to the City Clerk to cover the cost and expense of the application to the Board of Adjustment.

c.

The applicant shall submit with each application a list of names and addresses of all record property owners adjoining the exterior boundary of the subject property. Said list shall be current and certified by a professional engineer, an attorney, a registered surveyor, or a bonded abstractor.

d.

Upon receipt of said written application, fee, and list, notice of public hearing before the Zoning Board of Adjustment shall be given by publication in a newspaper of general circulation in the City of Russellville at least once a week for two (2) consecutive weeks and not less than ten (10) days before the meeting of the Board. In addition, notice of public hearing shall be given by mailing written notice by the Chairman of said Board to all owners of adjoining property.

1.

Legal description of the property and the street address or approximately location in the city of Russellville;

2.

Present zoning classification of the property and the nature of the Special Exception requested;

3.

Date, time, and place of hearing.

Said written notice shall be mailed not less than ten (10) days before the meeting of the Board. A copy of the published notice may be mailed in lieu of written notice.

e.

The Public Hearing shall be held by the Zoning Board of Adjustment. Any party may appear by agent or attorney.

f.

The Board of Adjustment shall make a finding that it is empowered under the Section of this Ordinance described in the application to grant the Special Exception, and that the granting of the Special Exception will not adversely affect the public interest. In addition, the Board shall determine that satisfactory provision and arrangement has been made concerning the following, where applicable:

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

2.

Off-street parking and loading areas where required, with particular attention to the items in 1. above and the economic, noise, glare, or odor effect of the Special Exception on adjoining properties and properties generally in the district;

3.

Refuse and service areas, with particular reference to the items in 1. and 2. above;

4.

Utilities, with reference to locations, availability, and compatibility;

5.

Screening and buffering with reference to type, dimensions, and character;

6.

Signs, if any;

7.

Required yards and other open spaces;

8.

General compatibility and harmony with adjacent properties and other property in the district.

g.

In granting any Special Exception, the Zoning Board of Adjustment shall issue a Special Exception Permit and prescribe the appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the Special Exception is required shall be deemed violation of this Ordinance and punishable under the penalty sections of this Ordinance. The Zoning Board of Adjustment shall prescribe a time lit within which the action for which the Special Exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the Special Exception.

(Ord. No. 2004-114, § 10, 11-15-2004)

The Board of Adjustment shall have the power to authorize, in specific cases, such Variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions would result in an unnecessary hardship. (See definition of Variance, Article III, Subsection 31.70). A Variance from the terms of this Ordinance shall not be granted by the Board of Adjustment unless and until:

98.1 An applicant shall submit to the Board of Adjustment a written application indicating:

a.

That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same district;

b.

That the literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

d.

That granting the Variances requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district;

e.

No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a Variance.

98.2 A fee of fifty dollars ($50.00) plus the cost of legal notice advertising shall be paid to the City Clerk to cover the cost and expense of the appeal to the Zoning Board of Adjustment.

98.3 The applicant shall submit with each publication a list of names and addresses of all record property owners adjoining the exterior boundary of the subject property. Said list shall be current and certified by a professional engineer, an attorney, a registered surveyor, or a bonded abstractor.

98.4 Upon receipt of said written application, fee, and list, notice of public hearing before the Zoning Board of Adjustment shall be given by publication in a newspaper of general circulation in the City of Russellville at least once a week for two (2) consecutive weeks and not less than ten (10) days before the meeting of the Board. In addition, notice of public hearing shall be given by mailing written notice by the Chairman of said Board to all owners of adjoining property. Said notice shall contain:

a.

Legal description of the property and the street address or approximate location in the City of Russellville;

b.

Present zoning classification of the property and the nature of the Variance requested;

c.

Date, time, and place of public hearing.

Said written notice shall be mailed not less than ten (10) days before the meeting of the Board. A copy of the published notice may be mailed in lieu of written notice.

98.5 The Public Hearing shall be held by the Zoning Board of Adjustment. Any party may appear by agent or attorney.

98.6 The Zoning Board of Adjustment shall make a finding that the requirements of Section 98.1 above have been met by the applicant for a Variance.

98.7 The Zoning Board of Adjustment shall further make a finding that the reason set forth in the application justifies the granting of the Variance and that the Variance is the minimum Variance that will make possible the reasonable use of the land, structure, or building.

98.8 The Zoning Board of Adjustment shall further make a finding that the granting of the Variance will be in harmony with the purpose and intent of this Ordinance, will not be injurious to the neighborhood, or will not be otherwise detrimental to the public welfare.

The Zoning Board of Adjustment, in granting any Variance, shall prescribe appropriate conditions, and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance and shall be punishable under the penalty section of this Ordinance.

In accordance with Alabama law, applications for variances from the terms of this Ordinance are to be sparingly granted so that the spirit of the Zoning Ordinance in harmony with the spirit of the law should be carefully preserved. The variance procedure is not intended to serve as a substitute for use or application of regular zoning procedures before the Planning Commission and/or City Council of the City of Russellville. As provided by law, variances should be granted only when the applicant, in compliance with all stated procedures has demonstrated that strict application of the zoning ordinance will result in a unique and unnecessary hardship peculiar to the property for which the variance is sought. Financial loss of a kind common to all owners of property owners in a particular district is not sufficient to justify a variance.

(Ord. No. 2004-114, § 11, 11-15-2004)