§ 98.0. Procedure for application of variances.

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)