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HomeMy WebLinkAboutO-754ORDINANCE NO. AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 557 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: ISECTION ONE. That Zoning Ordinance No. 557 be, and the same hereby lis, amendej and changed in respect as follows: ARTICLE IV. DISTRICT REQUIREMENTS: 4.1 General'Residential'Requirements 4.13 Uses Prohibited: Any use involving business or commercial activity, including the rummage sales of new or used articles, commonly re- ferred to as "Yard Sales", "Garage Sales" and like terms; provided, however, that the City may issue, without charge, a permit to hold a garage or yard sale on a specific lot within the City, good for two consecutive days. Per- mits shall be issued not more frequently than once each calendar quarter per lot. Other uses not specifically permitted or for which special exception appeals have not been rendered, are hereby specifically prohibited. ARTICLE VI. SPECIAL PROVISIONS 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 must conform to the following special requirements and any applicable laws or ordinances: 6.541 A Home Occupation is not intended to be and shall not be used as either a full-time commer- cial or business enterprise or as an extension of a business existing elsewhere. Any operation which, whether by requirement of any law or regulation or for any other reason, requires a full and complete separation from the living area of the main building, shall not be construed as a Home Occupation within the meaning of the Ordinance. 6.542 The applicant for a home occupation license must either own the property or, if a tenant, have the owner's written permission to engage in the proposed home occupation. 6.543 The Home Occupation shall be operated only by members of the family residing on the premises and no article or service shall be sold or offered for sale except as may be produced by members of the family residing on the premises and no merchandise shall be delivered to cus- tomers at the premises. 6.544 The Home Occupation shall be restricted to the main building only, exclusive of garages and utility rooms, whether attached or not, and shall not occupy more than 20 percent of the floor within said building. The building must d. N 7S , page 2. be an existing structure ready for occupancy and not a proposed structure. No building may be extended or enlarged for the purpose of accomodating or expanding any Home Occupa- tion, existing or proposed. 6.545 Parking for not more than two vehicles in conjunction with the Home Occupation may be provided in the existing driveway area. No expansion of parking to serve the Home Occu- pation shall be permitted and in no case shall public property be utilized for parking. 6.546 The Home Occupation shall not generate ex- cessive traffic or produce obnoxious odors, glare, noise, vibration, electrical distur- bance, radio activity, electromagnetic inter- ference or any other condition detrimental to the character of the surrounding area. 6.547 Business signs shall not be permitted for Home Occupations located within residential dis- tricts. In other use districts, signs shall not exceed two square feet in sign area, attached to the face of the building, limited to one sign only. 6.548 Home Occupation licenses shall expire on the 31st day of December of each calendar year and are delinquent February 1st. No license, new or renewal, shall be issued until an application therefor shall have been completed by the applicant, premises inspected and application endorsed with approval of the Zoning Enforcement Officer. The license shall be kept on file at the premises where the Home Occupation is located and shall be subject to examination by the Revenue Officer or the Zoning Enforcement Officer upon request, and shall be surrendered to the City upon written citation for violations of any provision herein. 6.549 The Zoning Officer is the designated enforcement officer for Home Occupations and all premises so used shall be subject to his inspection during reasonable hours. Where the Zoning Enforcement Officer finds any licensee operating in -viola- tion of the provisions of this ordinance, he shall issue notice in writing to the licensee citing the violations and notifying the licensee to surrender his license and to cease operations. Licensee may within fifteen (15) days appeal such Officer's action to the Board of Adjustments and Appeals in the manner prescribed by law. Upon a finding in favor of the appellant, the Board shall order the license returned and reinstated for the remainder of the license period. Upon a finding in favor of the City, the Board shall declare the license revoked for cause and the same shall be void. Failure or refusal of a licensee to comply with the Zoning Enforcement.Officer's lawful order to cease operations, absent an appeal on file with the Board, may result in issuance of a warrant of arrest by the Municipal Court. 6.7 Signs 6.72 Signs Permitted'in'Zoning Districts: Ord. No 27l , page 3. 6.721 R-1, R-2 and R-3 Districts: Permanent signs are prohibited except for signs and name- plates for identification as provided in Section 6.11 (A) (C). Temporary signs on private single-family residential property are permitted at the property owner's dis- cretion, 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 here- under shall not exceed six square feet in surface area. ARTICLE'VIII - DEFINITIONS OF TERMS 8.2 Specific Definitions of'Certain Terms Used Herein Home Occu ation. An operation for gain or support conducted only by members of a family residing on the premises, limited in its use and not in a man- ner detrimental to the character of the surrounding neighborhood. Detrimental. For purposes of Home Occupations, the written statements of the majority of owners of property within 300 feet in opposition to the Home Occupation shall be sufficient cause to determine that the use is of a character detrimental to the surrounding area. Famil . For purposes of Home Occupations, family is Te-fined as only those persons related by blood, marriage or adoption and using common cooking facilities within a single dwelling unit. SECTION TWO. The ordinance shall be in force and effect upon due adoption and publication as required by law. ADOPTED THIS v� DAY OFJ42_4,1_11C1985. City C r