§ 97.0. Procedure for special exceptions.

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)