HomeMy WebLinkAboutO-691ORDINANCE NO. (�
AN ORDINANCE AMENDING ORDINANCE NO. 557, COMMONLY KNOWN
AS THE ZONING ORDINANCE. BE IT OR,DAI ED BY THE CITY COUNCIL
OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS:
1.1(a) The City of Fairhope, Alabama, pursuant to the authority
granted by Section 11-52-1 et. seq. Code of Alabama (1975)
hereby ordains and enacts the following additional pur-
poses of the official Zoning Ordinance in accordance
with the Laws of Alabama: To protect the ecological
physical and visual environment for the public benefit
by preventing excessive or unsightly grading which may
cause disruption of natural water courses or scar natural
land forms.
3.421 Re latting: When two or more adjoining
and vacant lots with continuous frontage
are in a single ownership at the time of
application for a building permit and
such lots have a frontage or lot area
less than is required by the use district
in which they are located, such lots shall
be platted or reparcelled so as to create
one or more lots which conform to the
minimum frontage and area requirements
of the use district.
3.51 In any Commercial or Industrial District, any
operation or equipment not contained within a
building, such as drive-in businesses, outdoor
storage of materials, stationary machinery,
and outdoor servicing activities, shall be en-
closed by a wall or fence of solid appearance
or tight evergreen hedge not less than six (6)
feet in height. If the owner elects to build
a wall or fence of bare or severe appearance
it shall be enhanced with the planting of shrubs
to achieve the purpose of this section.
3.6 SURFACE DRAINAGE PROVISIONS: Owners in the process of
c�eve opment shall take such steps necessary to prevent
run-off which may have the potential for causing flood
damage to neighboring property. The Building Inspector
shall, in consultation with the City Engineer, determine
that reasonable provisions for properly handling surface
drainage have been made in the applicant's design, and
will report these findings for the Fairhope Planning
Commission's consideration in acting on building appli-
cations. If such reasonable provisions are not made
in the applicant's design, the Fairhope Planning
Commission shall make such remedies as may be available
to the applicant, a condition of the building permit
issuance. To this end "Dry Wells" may be required
off sufficient capacity to receive up to a four (4)
inch rainfall on the paved area or areas required
for off-street parking, and loading.
4.11 Uses Permitted: Home occupations, when properly
license— as provided in Section 6.54; accessory
structures; gardens, playgrounds; parks, public
buildings, including schools and libraries;
agriculture or farming, including horticulture;
plant nurseries, market gardening, field crops
and orchards; subject to approval by the Planning
Commission.
4.12 Uses Permitted On Appeal: Public utilities;
general hospitals for humans; semi-public build-
ings and uses including private schools; churches;
convalescent or nursing homes and extended care
facilities; clubs, including country clubs,
golf, swimming, or tennis clubs, privately
owned clubs or associations and similar uses of
a recreational nature; cemeteries, kindergartens,
playschools and day care centers, public or
private, provided that all activities are car-
ried on in an enclosed building or fenced -in
yard and that all applicable federal, state and
local requirements are met.
4.721 Uses Permitted: Any use permitted in
a - - a, -3b or B-4 Business
District; recreational vehicle parks,
retail and wholesale trade, major
auto repair, places of amusement and
assembly, mini -warehouses, and similar
uses/services not specifically pro-
hibited.
4.741 Uses Permitted: Any use permitted
in an - and B-4 Business
District. Stores and services for
resort trade such as: sporting goods
and outing supply stores, hobby shops,
curios, gift and jewelry stores;
food shops, delicattesens, and res-
taurants; the sale, repair, renting
and storing of boats and related
equipment; mini -warehouses and sim-
ilar types of businesses.
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6.28 Sewage and Refuse disposal:
(a) Prior approval of the County Health Department
shall be required for use of septic tanks in
Mobile Home Parks. Each mobile home space
shall be provided with a sewer line at least
four inches in diameter, which shall be con-
nected to receive the waste from the shower,
bathtub, flush toilet, lavatory and home harbored
in such space and having any or all of such
facilities. The sewer in each space shall be
connected to discharge the mobile home waste
into a public sewer system in compliance with
applicable ordinance or into a private sewer
and disposal plant or septic tanks system of
such construction and in such a manner as
will present no health hazard.
6.41 No more than eight (8) or fewer than four (4)
continuous townhouses and condominiums shall
be built in a row with approximately the same
front line. Prior subdivision approval by the
Fairhope Planning Commission shall be required
for townshouse or condominium development when
the land under each dwelling unit is.,_Iindi-
vidually owned.
6.5151 Where an accessory building is
attached to the main building,
a substantial part of one wall of
the accessory shall be an integral
part of the main building or such
accessory building shall be attach-
ed to the main building in a sub-
stantial manner by a roof, and
therefore, such requirements appli-
cable to the main building shall
apply, provided, however, that a
covered walkway, open along the
sides, may be used to connect
a detached accessory to the main
building for protection from
inclement weather.
5.5152 A detached accessory building shall
not be closer than ten (10) feet to
the main building, nor closer than
five (5) feet to the lot line.
6.54 Home Occupations: Home occupations are permitted
in all districts but must have a license issued
therefor by the City's Revenue Officer and meet
the following special requirements:
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6.541 The applicant must be the owner of the
property on which the home occupation
is to be located, or must have written
approval of the owner of the property
if the applicant is a tenant.
6.542 The home occupation shall be operated
only by the members of the family re-
siding on the premises and no article
or service shall be sold or offered
for sale except as may be produced
by members of the immediate family
residing on the premises.
6.543 The home occupation shall be restricted
to the main building only and shall not
occupy more than twenty-five (25) percent
of the floor area within said building.
6.544 The home occupation shall not generate
excessive traffic or produce obnoxious
odors, glare, noise, vibration, electrical
disturbance, or radio -activity or other
conditions detrimental to the character
of the surrounding area.
6.545 The building in which the home occupation
is to be located must be an existing
structure ready for occupancy and not a
proposed structure.
6.546 Any business sign placed on the premises
shall not be larger than two (2) square
feet in sign area.
6.547 Premises used for home occupation shall
be subject to inspection by the Zoning
Enforcement Officer during reasonable
hours and if found to be operating in
violation of the provisions of this
ordinance, the enforcement,pfficer shall
take the necessary action to have the
licensee appear before the city council,
there and then to show cause why the
home occupation'license should not be
revoked.
6.7 SIGNS The provision of this Section shall govern the
cation, size, setback and height of signs in each of
the use districts established in this ordinance in
order to insure safe construction, light, air, and
open space, to reduce hazards at intersections, to
prevent the accumulation of trash, and to protect
property values of the entire community.
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6.71 General Provisions:
The following shall apply:
6.711(A) Certain types of signs listed below
shall be permitted in all zoning
districts and are exempt from the
permit requirements applicable to other
signs.
(a) Signs erected by the owner or by a
licensed real estate broker, advertising
for sale or rent, any lot, parcel, house,
condominium or apartment, subject to the
following limitations:
(1) Signs shall not exceed six (6) square
feet in area.
(2) Signs shall not be affixed to any
building, fence, tree, utility pole -
or other structure.
(3) Signs shall not be erected in any
manner which shall impede the view
of either vehicular or pedestrian
traffic.
(b) Signs erected under the provisions of a
occupation license, shall not exceed
two (2) square feet in area.
(c) Signs or nameplates for identification
erected by an owner or tenant on the
occupied premises, shall not exceed
two (2) square feet in area.
(d) One sign per location to identify and
announce services of churches, schools,
libraries and public buildings, shall
not exceed fifteen (15) square feet
in area.
(e) Temporary signs allowed under 6.721,
which are used by individual owners or
tenants on residential sites for the
announcement of yard and garage sales,
shall be removed by the person erecting
same, following completion of the
sale. No sign permitted hereby shall
be erected upon any fence, tree or
utility pole or in any other manner
so as to impede the view of motorists or
pedestrians.
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(B) Any, sign not included above is deemed to be
an outdoor advertising sign and as such,
shall require the issuance of a permit,
prior to erection and shall be subject to
all provisions herein regarding outdoor
advertising signs.
6.712 All outdoor advertising signs shall be
subject to the same yard and height
limitations imposed upon other buildings
or structures in the use di.,;rrict in
which said sign is located, except as
otherwise provided herein.
6.713 No outdoor advertising sign or sign
structures shall be placed upon any
street or highway right-of-way.
6.714 No outdoor advertising sign or sign
structure shall be located in such a
manner as to impede the view'of any
street or highway intersection'or impede
the view of the intersection -of a street
or highway with a railroad grade crossing,
as required in their ordinance or resolution.
6.715 No outdoor advertising sign shall be
erected, relocated or maintained so as
to prevent free ingress or egress from
any door, window, or fire escape.
6.716 No portion of any outdoor advertising
sign shall be less than ten (10) feet
above the level of a sidewalk or other
pedestrian thoroughfare, nor shall be
less than sixteen (16) feet above the
level of a public driveway, alley, or
street.
6.717 No temporary signs, including portable
signs, shall be permitted except as
indicated in Section 6.72.
6.718 Every outdoor advertising sign of whatever
description shall be constructed and
erected to fully conform to the requirements
of the Standard Building Code and no
such sign shall be erected until the
proper permit therefor has been obtained
from the City Building Inspector.
6.719 Any sign lawfully existing prior to July 1,
1981, is hereby declared a non -conforming
use and subject to the non -conforming
provisions of'this ordinance.
6.72 Signs Permitted in 'Zoning Districts:
6.721 R-1, R-2, and R-3 Districts: Permanent
signs are pr-6-hibited except pursuant to
a home occupation license as provided in
Paragraph 6.546. Temporary signs on
private single family residential property
are permitted at the property owner's
discretion, provided, however, the sign
shall be removed upon termination of the
activity, such as, garage or yard sale,
political campaign, real property sale
or other like activity, for which it was
erected. Signs permitted hereunder
shall not exceed six (6) square feet in
surface area.
6.722 R-4, R-5, R-6 and FH-1 Districts: One
outdoor sign per lot or devel7opment
placed on an exterior building surface
with a surface area not to exceed thirty
(30) square feet shall be permitted
subject to review of the Building Inspector
and issuance of a building permit. In
lieu of a sign on the front face of a
multi -family structure, a free standing
sign not to exceed eighteen (18) square
feet of surface area and a height not .
to exceed ten (10) feet in height above
ground level shall be allowed. Such
free standing signs shall be erected
not less than six (6) feet from the
street right-of-way. Temporary signs
on private apartment property shall be
restricted to construction sites with
a maximum surface area not to exceed
sixteen (16) square feet and real pro-
perty sale locations with a maximum
surface area not to exceed six (6)
square feet. Signs used for these
purposes must be removed immediately
upon completion of the construction
or sale of the property.
6.723 Bl, B2, B3a, B3b, and B4 Districts:
One outdoor advertising sign per
business with a surface area not to
exceed five (5) square feet per
ten (10) pineal feet
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of building frontage shall be permitted.
Signs for such businesses shall not
exceed one hundred and fifty (150)
square feet. Temporary signs on private
businesses shall be restricted to construction
sites with a maximum surface area not to
exceed sixteen (16) square feet and real
property sale locations with a maximum
surface area not to exceed six (6)
square feet. Signs erected for these
purposes shall be removed immediately
upon completion of the construction or
sale of the property. Temporary or
portable signs may be used for a limited
thirty (30) day period in conjunction
with the initial opening of a new business
site.
6.724 M-1 and M-2 Districts: One outdoor
advertising sign per developed manufacturing
site with a surface area not to exceed
five (5) square feet per ten (10) lineal
feet of building frontage shall be
permitted. Signs for manufacturing
sites shall not exceed one hundred and
fifty (150) square feet. Temporary signs
on property zoned for manufacturing
shall be restricted to construction
sites with a maximum surface area not to
exceed sixteen (16) square feet and to
real property sale locations with a maximum
surface area not to exceed six (6)
square feet. Signs used for these
purposes shall be removed immediately
upon completion of the construction or
sale of the property.
6.73 Signs Prohibited in All Districts: The following
signs are prohibited in all use istricts:
6.731 Any sign erected or painted upon a sloping
roof, fence, tree, stand pipe, fire ex -
cape or utility pole.
6.732 Any sign which uses the word "Stop" or
"Danger" prominently displayed and/or
which is a copy or imitation of official
traffic control signs.
6.733 Signs which flash or illuminate intermit-
tently.
6.734 Outdoor advertising signs, including bill-
boards on vacant lots, except where allowed
in Section 6.72.
6.744 In the event of the partial or complete destruction
of any outdoor advertising sign, the owner thereof
shall have the right to reconstruct, rebuild,
renovate, or repair said sign substantially to
the same condition as before said destruction,
without an additional building permit, provided
the provisions of this ordinance are adhered
to.
6.934 Business: --
1. Commercial Establish-
ments and Offices,
including but not limited
to the following types:
Food Stores, Furniture
Stores, General Business,
commercial or personal
service establishments
catering to the retail
trade, but excluding
food stores.
Governmental Off ices,,
Office Buildings, includ-
ing banks, businesses,
commercial, and profes-
sional offices and build-
ings, but excluding medical,
dental and health offices,
and clinics.
Public Utilities, such
as telephone exchanges
and substations, radio
and TV stations.
Restaurants, including
bars, grills, diners,
cafes, taverns, night
clubs, lunch counters,
and all similar dining
and/or drinking estab-
lishments.
Four (4) parking spaces
for up to 400 square
feet of floor area, plus
one (1) parking space
for each additional 400
square feet of floor
area, plus one (1) park-
ing space for each
additional 200 square
feet of floor area over
5,000 square feet except,
however, Restaurants, and
subcategories t ereunder
shall provide one (1)
parking space for each
four (4) seats up to
fifty-two seats and one
(1) space for each six (6)
seats thereafter.
6.94 LANDSCAPING OF BUSINESS FRONTAGE AND OFF-STREET PARKING
REQUIREMENTS
All off-street parking lots, together with front yards
wherever required in the Business Districts, shall be
appropriately landscaped, constructed, and maintained
in accordance with the following requirements:
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6.941 Parking Lot Layout: Off-street parking develop-
ments on a given lot shall be separated from
roadside frontage by a landscaped perimeter
area as defined in paragraph 6.944. Except for
parcels of land devoted to single or two
family uses, all areas providing for off-street
parking shall be so designed and be of such
size that no vehicle shall be required to back
into a public street to obtain egress.
6.942 Parking Adjoining Residential Property: Where
a parking lot is a Jacent to property in
a Residential District there shall be an
established setback line of five (5) feet
from the common property line or lines.
The area between the setback line and the
property line shall be so graded as to
receive rainfall runoff from the paved area
but such run-off shall not be permitted to
pass onto the adjoining property. The 5
foot wide area between the pavement of
the parking area and the adjoining property
line shall be planted and maintained with
a hedge of an evergreen shrub so as to
form a continuous, unbroken, solid visual
screen. The shrub species shall be a
minimum of 2 feet in height immediately
after planting, having a potential of 7
feet in height within five (5) years of
growth in the Fairhope area.
6.943 Parking in Front Yards; Where parking is
to be provided in t e front yard of a
multiple family dwelling or of any com-
mercial, professional or industrial struc-
ture, a setback of ten (10) feet inside'
any front or side yard abutting a public
right-of-way shall be established. The
area between this setback line and the
abutting right-of-way shall be so graded
as to receive rainfall run-off from the
paved area and shall be prepared and planted
with grass, shrubs and trees. Where angle
parking is provided and inside these land-
scaped perimeter strips the 10 foot setback
line may halve the triangular areas formed
at the head of each 10 foot wide parking
space, these -triangular "waste areas" are
planted and not paved. _
6.944 Landscaped Areas: There shall be not less
than one tree for each fifty (50) linear
feet of the landscaped strip nor less than
one (1) shrub for each ten (10) linear feet
of the landscaped strip. Tree species shall
be a minimum of 7 feet in overall height im-
mediately after planting and of a species having
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a crown at maturity in the Fairhope area of
at least 20 feet. Grass areas must be planted
in species normally grown in permanent lawns
in the Fairhope area and in no instance shall
they be paved with stone, shell, or gravel.
Other appropriate plant cover that will con-
tribute to the environmental quality may be
substituted for grass if the ground cover
planting is conducive to permanence under
maintenance, equal to that of grass.
6.945 Paved Areas of Parkin Lots: Paved surfaces
or off -street parking shall provide a 10'
x 20' space for each parked vehicle plus
adequate area for all necessary ingress and
egress and maneuvering. To provide for the
return of rainfall to the ground water
supply, instead of adding to the surface
drainage problems of the City, landscaped
"islands" in parking lots for more than 50
cars shall be provided within the perimeter
of such parking lots having a minimum total
of 20 square feet of area for each parking
space, excluding perimeter areas in which
landscaping is required. Landscaped "islands"
shall be located so -as to break the expanse
of pavement and to guide traffic flow. They
shall be so graded as to receive a reasonable
portion.of the rainfall from the surrounding
pavement. Trees in these interior landscaped
"islands" are recommended. However, shrubs
and grass as described above for perimeter
landscaping must be provided in these "islands"
6.946 Parking Area Signs: No signs of any kind
shallbe erected except information signs
used to guide traffic and to state the
condition and terms of the use of the lot.
Only non -intermittent white lighting of
signs shall be permitted.
6.947 Maintenance of Landscaping: The owner,
tenant or their agent, if any, shall be
jointly or severally responsible for the
maintenance of all landscaping and land-
scaping areas. The landscaping shall be
fully maintained as initially required
in the above section, including a healthy,
neat appearance kept free from refuse and
debris.
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6.948 Maintenance of Visibility: At the corner of
each side of all points of access from a
public right-of-way, or at corners of two
or more intersecting streets, landscaping
shall be maintained so as to provide un-
obstructed visibility between the heights
of two and one-half (22) feet and ten (10)
feet for a distance of twenty (20) feet in
each direction from the corners.
6.949 Cur�bing_s: Solid, raised curbs shall be in-
stalled for protection of landscaped areas
and along parking stalls to control traffic
flow within the parking lot. Where necessary
for control of surface drainage, pipes through
the curbing at grade level shall be provided
as needed to water the landscaping or to
disburse water.
6.950 Violations of Landscaping Maintenance Re-
quirements.' ---It sNali constitute a violation
of this ordinance for any owner, agent or
person having charge of or occupying any
lot or premises covered by the provisions
of this ordinance, to neglect the required
maintenance or refuse to correct such vio-
lation within fifteen (15) days after re-
ceiving written notice from the Zoning
Enforcement Officer of such violation. In
the case of a violation, the City of Fair -
hope may then cause the work of removal,
replacement and/or cutting to be done,
and the cost of such work shall be paid
by such owner, agent or person occupying
or having charge of the lot. The city may
then recover the reasonable costs incurred
thereby by placing a lien upon the property
and/or civil suit in a court of appropriate
jurisdiction as provided for the collection
of all civil debts.
60.21 Curb Cuts: (a) No curb cut shall exceed twenty (20) y
feet in length. Business, industrial or multi -family
lot frontages of seventy-five (75) feet or less shall
be restricted to one (1) curb cut. The number and
position of curb cuts for lot frontages in excess of
seventy-five (75) feet shall be reviewed by the
Building Inspector with due consideration for the
safety and welfare of the general public. (b) The
proximity of curb cuts to roadway intersections shall
be One Hundred Fifty (150) feet or greater from the
edge of the intersection right-of-way. In the case
of lot frontages of less than one hundred and fifty
(150) feet the curb cut shall be located at the
farthest point from the intersection right-of-way.
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60.312 No travel -trailer, hauling trailer, utility -
trailer, boat, or boat trailer, motor home
or commercial vehicle more than twenty-four
(24) feet in length shall be parked or
stored in the front yard or on corner
lots, in a side yard abutting a public
street or upon the street right-of-way.
60.5 OFF STREET PARKING, LOADING/UNLOADING SPACES FOR MINI -WAREHOUSES:
60.51 All one-way driveways shall provide for one 10-
foot wide travel lane. Traffic direction and parking
shall be designated by signs or painting.
.60.52 All two-way driveways shall provide for one 10-foot
wide parking lane and two 12-foot wide travel lanes.
60.53 Two (2) parking spaces, to be located at the project
office for use of clients, shall be provided for
the managers quarters plus one additional space for
every twenty-five (25) storage cubicles.
7.12 The zoning enforcement officer is authorized and
empowered on behalf and in the name of the Council
to administer and enforce' the provisions of this
Ordinance to include receiving applications, in-
specting premises, and issuing -Certificates of
Zoning Compliance, Building Permits and Certificates
of Occupancy for uses and structures which are in
conformance with the provisions of this Ordinance.
7.2 PERMITS AND CERTIFICATES: Permits and certificates shall be
issued in accordance with the following provisions:
7.21 Commencement of Building: It shall be unlawful
to commence the excavation or construction of
any building or other structure, including
accessory structures, or two store building materials
or erect temporary field offices, or to commence
the moving, alterations, or repair of any structure,
including accessory structures, until the Building
Inspector of the municipality has issued for such
work a building permit including a statement that
the plans, specifications and intended use of
such structure in all respects conforms with
the provisions of this ordinance. Application
for the building permit shall be made to the
Building Inspector of the municipality on forms
provided for that purpose and payment of the
required fee.--�--°-
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7.22 Approval of Plans and Issuance of.Buildin Permit:
It shall e unlawful for the Municipal Building
Inspector to approve any plans or issue a building
permit for any excavation or construction until
he has inspected such plans in detail and found
them in conformity with this Ordinance. To this
end, the Municipal Building Inspector shall
require that every application for a building
permit for excavation, construction, use of
land, moving or alteration be accompanied by a
plan or plat drawn to scale and showing sufficient
detail to enable the Municipal Building Inspector
to ascertain whether the proposed excavation,
construction, use of land, moving,or alteration
is in conformance with this Ordinance.
(a) The actual shape, proportion and dimensions
of the lot to be built upon.
(b) The shape, size and location of all buildings --
or other structures to be erected, altered
or moved and of any building or,other struc-
tures already on the lot.
(c) The existing and intended use of all such
buildings or other structures.
(d) The adequacy of provisions for control of
surface drainage.
If the proposed excavation, construction, moving,
or alteration as set forth in the application,
are in conformity with the provisions of this
ordinance, the Building Inspector of the Municipal-
ity shall issue a building permit .accordingly. If
an application for a building permit is not
approved, the Building Inspector of the municipality
shall state in writing on the application the
cause for such disapproval. Issurance of a building
permit, shall, in no case, be construed as waiving any
provision of this ordinance.
7.221 Building Permit Application Requiring
F-1-a—n-Hing Commission Review: Commercial
anTindustrial building applications with
a total floor area in excess of eight
thousand (8,000) square feet and any
multi -family structure or complex of
structures containing more than four
dwelling units shall be reviewed by
the Planning Commission prior to building
permit issuance with final approval
authority resting with the Building
Inspector.
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7.222 Filing for Permit: The filing deadline
for consideration at the next regular
or specially scheduled meeting of the
Fairhope Planning Commission can be
determined by'consulting the Building
Inspection Department of the City,
which shall require filing not less than
ten (10) days prior to such scheduled
meeting.
7.223 Preliminary Review (Optional) • It is the t :,
policy of the Fairhope Planning Commission
to encorage preliminary review when possible
and to make itself available to answer ques-. .
tions that might arise in the design or de-
velopment of any project.
7.2231 Application: The applicant desiring
preliminary review shall furnish three.,
(3) sets of preliminary drawings and
specifications which may include any
or all of the following items on which
the owner or his representative may
desire ,consultation with the Planning Y,
Commission: -
(a) Site plans showing all improve-
ments and existing conditions
to scale or fully dimensioned, °
including off-street parking,
traffic patterns, landscaping
and other related items with
indications of how surface drain-
age is to be handled.
ram,
(b) Exterior elevations with material
designations for wall and roof
treatments.
(c) Sketches of signs and their di-
mensions.
7.224 Final Review Requirements: The final Building
permit comprehensive review dealing with land-
scaping, traffic, sign considerations and other
related matters under this ordinance, shall
encourage the beautification of the community.
7.2241 Application for Permit: The appli-
cant shall -furnish-triree (3) sets of.
working drawings and specifications
which shall cover the following:
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(a) Site plans showing setbacks.and
all site development, including
off-street parking, traffic
patterns, landscaping with
identifications of principal
elements, and proposed solutions
to problems of surface drainage
and other related matters as
required by this ordinance.
(b) Building plans, including front,
side and rear elevations.
(c) Drawings for all signs, except
those which cannot be determined
because the occupancy of the
space is unknown. Any signs
not reviewed by the Commis-
sion for this reason must be
reviewed prior to installation
of the sign.
(d) Exterior surface treatment.
7.23 Expiration of Building Permit: A building
permit s a not e trans errable and shall
be issued only to the applicant. It shall
expire if work is not begun within six
(6) months and the foundation work for the
entire permitted project has not been com-
pleted within one (1) year after issuance of
the building permit. Request for a ninety
(90) day extension may be considered upon
the applicant's request made prior to the
permit expiration.
7.24 Changes in Permitted Plans: It shall be unlawful
for the Owner, after he as obtained approval of
design plans, to change or in any way modify
plans, either during construction or after receiving
a Certificate of Occupancy, without the specific
written approval of the Chairman of the Fairhope
Planning Commission and the City Building Inspector.
Subsequent owners or lessors shall obtain such -
specific written approval of any proposed modification.
before proceeding with any work.
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7.363(e) _ --
If, after notifi-
cation o �a zoning violation
the individual or corpor-
ation elects to apply for a zoning var-
iance, then applicant must complete all
notification requirements of the variance
application process within ten (10) working
days of notification of the violation.
Written notification of the proposed
variance shall be postmarked to the re
quired surrounding property owners within
-- ten (10) working days and in addition,
such other public notification as re-
quired shall have been provided by the
applicant. Should the applicant be un-
able to comply with this provision he
shall provide a written explanation through
the Building Inspector to the Beard of Ad-
justments. Failure to do either, shall
be interpreted as a withdrawal of the
appeal and shall subject the applicant
to immediate compliance with this ordi-
nance.
7.8 ESTABLISHMENT OF THE PLANNING COMMISSION: The Planning
Commission of the City of Fa riope.is ereby established
under the Code of Alabama (1975), with amendments and sup-
plements thereto, and is granted the powers and duties as
suited therein in and shall operate as follows:
7.81 MEMBERSHIP: The Commission shall consist of nine
mem ers having the following qualifications:
a member of the City Council, to be selected by
it; the Mayor, an administrative official of
the City, appointed by the Mayor; Six members,
appointed by the Mayor, who shall reside in or
have as their principal place of employment, the
City of Fairhope, Alabama or its planning juris-
diction who hold no other public office in the
City of Fairhope, except that one member may be -
a member of the zoning board of adjustments or
appeals.
The Mayor, the City Councilperson, and the city
administrative official shall be ex-officio mem-
bers of the Commission having full privilege of
participation in the business of the Commission,
including voting privileges. Their terms shall
correspond to their respective official tenures
except that the term of the administrative official
selected by the mayor shall terminate with the
term of the selecting mayor.
All members shall serve without compensation
but may be reimbursed for actual expenses
incurred in connection with their official duties.
All members shall be provided with relevant
information outlining conflict of interest laws.
The City Building Inspector shall serve in an
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ro, 4.0
advisory capacity to the Commission and shall
attend all meetings, unless excused by the
Commission, but shall not vote.
7.82 MEMBERS' TERMS OF SERVICE: The terms of the
six member citizen appointees shall be for six
(6) years each, except that, in the appointments
of the first Commission, the first member shall
be appointed for a term of one year, the second
member shall be appointed for a term of two
years, the third member shall be appointed for
a term of three years, the fourth member shall
be appointed for a term of four years, the fifth
member shall be appointed for a term of five
years, and the sixth member shall be appointed
for a term of six years, and each subsequent
appointment shall be for a term of six years,
with eligibility for reappointment.
7.83 VACANCIES: The vacancy on the commission shall
e fill—eU for the unexpired term by the Mayor
in the case of members appointed by -the Mayor
or by the council in the case of a member selected
by the council. Members appointed by the Mayor
may be removed by the Mayor and the member
appointed by the Council.may be removed by the
Council for inefficiency, neglect of duty or
malfeasance in office after a. public hearing
held pursuant to written charges.
7.84 RULES OF PROCEDURE: The Planning Commission,
shall esta ism By-laws under which to operate,
which is in conformance with the Code of Alabama
(1975), and amendments and supplements thereto,
and which have the prior approval of the City
Council. ->
ARTICLE III
DEFINITION OF TERMS
8.,2 SPECIFIC DEFINITIONS OF CERTAIN TERMS USED IN THIS ORDINANCE:
Dry Well: A cavity of sufficient size, filled to the surface
with compacted rocks to allow water storage capacity.
Mini -warehouse: A building or group of buildings in a
r controlled access compound that contain varying sizes
of individual, compartmentalized and controlled -access
stalls, cubicles and/or lockers used for storage only.
Flashing or Intermittent Illuminatin Signs: Time and
f temperature announcements, excluding other advertising
i copy, are not deemed to be flashing or intermittent il-
luminating signs.
M