HomeMy WebLinkAboutO-765ORDINANCE NO.
i ! % AN ORDINANCE TO AMEND
ORDINANCE NO. 667,
COMMONLY KNOWN AS THE
ZONING ORDINANCE
A • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows:
CECTION ONE: That Ordinance No. 557, commonly known as the Zoning Ordinance, adopted
on 11 August 1975 togethertwith the Zoning Map of the City of Fairhope, be, and, the same hereby
Is, changed and altered as follows: ' '
ARTICLE 1
PURPOSE AND ENACTMENT:
SHORT TITLE
1A Purpose and Enactment
' The City of Fairhope, Alabama, pursuant to the authority granted by Title 37, Chapter 16, Code
of Alabama, 1940 (as amended), and Section 11.52.1 at. seq. Code of Alabama, 1975, and for
the purpose of promoting the health, safety, convenience, order, prosperity, or the general welfare
of the -residents; to lessen congestion In the street; to secure safety from fire, panic, and other
dangers; to promote health and general welfare; to provide adequate light and air, to prevent
the overcrowding of land to prevent the undue concentration of population; to facilitate the ade-
quate provision of transportation, water, sewer facilities, schools, parks;to facilitate initiation of
the comprehensive plan; 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; and for other public requirements, hereby ordains and enacts
into law an official Zoning Ordinance in accordance with laws of Alabama as Appendix A of the
=Code' of Ordinances of Felrhope, Alabama. In their Interpretation and application, the provisions
of this'Ordinance shall be:
1.11 considered as minimum requirements;
'1J2 liberally constructed In favor of the governing body; and
1'13 deemed neither to limit nor repeal any other powers granted under state statutes.
_1.2 Short Title
-This Ordinance shall be known and may be cited as the "Zoning Ordinance" for the City of
Fairhope, Alabama.
ARTICLE 11
I DEFINITIOWOF TERMS
2.1 General Provisions
•• 64,ept as otherwise provided herein, all words shall have the customary dictionary meaning.
The present tense includes the future tense and the future tense includes the present tense. The
,singular number Includes the plural and the plural includes the singular. The word "person" In -
eludes a firm, corporation, association, organization, trust br partnership. The word "lot" includes
"plot" or "parcel". The word "used" or "occupied" as applied to any land or building shall be
construed to include the words "intended, arranged, or designed to be used or occupied." The
word "zoning map" means the "Official Zoning Districts Map."
2.2 Specific Definitions of
Certain Terms Used In This
Ordinance
2.2.001 Accessory Use or Structure: A use or structure on the same lot with, and of a nature
customarily Incidental and subordinate to, the principal use or structure.
2.2.002 Agriculture: The use of land for farming, dairying, pasturage, agriculture, horticulture,
floriculture, viticulture, and animal poultry husbandry and the necessary accessory uses for pack-
Ing, treating, or storing the produce; provided, however, that the operation of any such accessory
uses shall be secondary to that of normal agricultural activities and provided further that the above
uses shall not Include the commercial feeding of garbage or offal to swine or other animals.
2.2003 Airport: Any runway, land area or other facility designed, used e:lher publicly or privately
by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft
storage and tiedown area, hangars and other necessary buildings, and open spaces.
2.2.004 Alteration, Altered: These -terms shall include any changes instructural parts, stairways,
type of construction, kind of class of occupancy, light or ventilation, means of Ingress and egress,
or other changes affecting or regulated by the Building Code or this Ordinance, except for minor
changes or repairs not involving the aforesaid features
2.2.005 Arterial Street: A street designed or utilized primarily for high speed vehicular movements
and heavy volumes of traffic. -
2.2.006 Automobile Repair. The repair, rebuilding or reconditioning of motor vehicles or parts
thereof, including collision service, painting, and steam cleaning of vehicles.
2.2.007 Automobile Wrecking: The dismantling or wrecking of used motor vehicles, mobile
homes, trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or
wrecked vehicles or their parts.
2.2.030 Basement: A story all or partly underground but having at least one-half of its height
below the average level of the adjoining ground.
2.2.031 Block: A piece or parcel of lard entirely surrounded by public highways or streets, other
than alleys.
2.2.032 Boarding House, Rooming House, Lodging House, or Dormitory: A building or part
thereof, other than a hotel, motel, or restaurant, where meals and/or lodging are provided for
compensation, for three or more unrelated persons where no cooking or dining f8ciliUes are pro•
vided in individual rooms.
2.2.033 Building: Any structure attached to the ground and intended for shelter, housing, or
enclosure of persons, animals, or chattels. I
2.2.034 Building, Accessory: A subordinate building, the use of which is incidental to that of
the dominant -use of the main building or land.
2.2.035 Building, Alterations of: Any change in the supporting members of a building (such as
bearing walls, beams, columns, and girders) except such change as may be required for its safe•
ty: any addition to a building; any changes in use resulting from moving a building from one loca-
tion to another.
2.2.030 Bulldl jg, Height: The vertical distance measured from the average elevation of the pro-
posed finished grade at the front of the building to the highest point of. the roof for flat roofs,
to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip
and gambrel roofs.
2.2.037 Building Line: (See Setback Line.)
2.2.038 Building, Principal: A building In which is conducted the main or principal use of the
lot on which said building Is situated.
2.2.039 Bulkhead: A structure separating land and water areas, primarily designed to resist earth
pressures.
2.2.060 Cemetery: Land used or intended to be used for the burial of the animal or human dead
and dedicated for cemetery purposes, Including crematories, mausoleums, and mortuaries if
operated in connection with and within the boundaries of such cemetery..
2.2.061 Central Business District: That area of a municipality usually associated with the business
center o1 the area. In some cases this is a historic rather than an actual center of commerce.
All that area within the following boundaries: From one lot back (refers to typical lot depth, see
map) from the South side of Morphy Avenue to one lot back from the North side of Oak Street
and from one lot back from the East side of Bancroft Street to one lot back from the West side
of Church Street. (Reference Map).
Page 1
Ord No
Page 2
2.2.06 Change of Occupancy- The term "change of occupancy" shall mean a discontinuance
Of an existing use and this substitution therefore of a use of a different kind or class. Change
of occupancy Is not a 'ended to Include a change of tenants or, proprietors unless accompanied
by a charge In the typo of use.
2.2.063 Channel: A natural or artificial water course of defceptible extent, with bed and banks
to confine and conduct continuously or periodically flow,nq water.
2.2.064 Clinic: A place used for the care, diagnosis and treatment of trick, ailing, infirm for in.
)ured persons, and those who are in need o1 medical and surgical attention, but who are not pro-
vided with board.
politiry
cal, educational, onal,Ing -or orportion
purrpose primarily for owned
the exclusive usive use of membersand
their guests.
2.2.066 Club, Private: Any association or organization of a fraternal or social character, not
operated or maintained for profit; does not include casinos, night clubs, or other institutions
operated for a profit.
2.2.067 Collector Street: A street which carries medium volumes of traffic collected primarily
from minor streets and delivering it to arterial streets.
2.2.068 Commercial Vehicle: Any vehicle designed, used for transportstlon of people, goods,
or things, other than. private passenger vchicles.
2.2.069 Commission: The Falrhope Planning Commission.
2.2.070 Comprehensive Plan: The entire collection of toning maps, zoning ordinances, and
master plans or guidelines constitutes the basis for a comprehensive zoning plan of a municipality.
2.2.071 Condominium: That system of development wherein the land under buildings and the
owners or
tenants;; a declarationfen spaces around dcondominius is In single al o refers 10 afor tliving unihe t within such buildingon use of 13 dvelopment.
2.2.072 Convaleacent or Nursing Home: A building: or portion tho,00f, wherein for compensa-
tion, living, accommodations and care are provided for persons at ffeOg from Illness, other than
mental or contagious, which Is not of sufficient severity to require hospitalization, or for persons
requiring further institutional care after being discharged from a hospital other than a mental
hospital; includes extended care facilities, and•limitdd care facility. .
2.2.090 Day Can Center. (See Nursery School.)
2.2.091 Deck: An extension of a building or dwelling unit attached at or below floor level and
having no walls or roof; rellings may be provided; Includes tt,u term balcony. r
2.2.092 Density: A unit of measurement; the number of dwelling units per acre of land,
a. Gross Density - the number of dwelling units per acre of the total land to be developed,
b. Net Density • the number of dwelling units per acre of land when the acreage involved inf
cludes only the land devoted to residential uc—ti.
2.2.093 Detrimental: For purposes of Home Occ. =Vom, the written statements of the rna',ority
of owners of prirperty, w!:flfn 300 feet in opposition to 09.1-lome occupation shall be sufficient
cause to de arm',rte'tt•st 0e usa'is of a!&;r V1isr.detr,fisbr,:al to'the cuframd;':g area.
2.2.C24 Distdd: A sectl-t of the area zc:.. 1, within which the zon,ry regulations are uniform
2.2.026 Dwelling or Dwelling Unit: Any build:og. tortion thereof, or other enclosed spcca or
area used as or intended for use as the nerne'af owith separate cook ng and housekeep-
ing facilities, either permanently or temporarily.
a. &Ingle Family • a detached bu!lding designed for and occupied by one family as a home, ,
with cooking and housekeeping facilities.
b. Two Family - a detached bu,.ding occupied by or designed for occupancy by two families
only, wl:h separate cooking and housekaeping faclir..as for each, r
c. Multiple Family -a building designed for or occupied by tree or more families with separate
cooking and housekeeping facilities for each
2.2.096 Double Frdntage or Through Lot: A lot or plot, but not a corner lot, that abuts upon.
two streots, the two frontages being non-contiguous.
2.2.097 Dry Well: A cavity of sufficiery size, filled to the surface wish compacted rocks to allow
water storage capacity.
2.2.120 Easement: A grant by a phoporty owher of the use of land for a specific purpose or pur-
poses by the general public, or a coporat,on or a certain pe son or persons.
2.2.121 Erected: The word "erected", includes built, constructed, reconstructed, moved upon
or any physical operations on the premises required for building. Excravations, fill drainage, 'and
the like shall be considered a part of erect.on.
2.2.122 Expansioi ,'Building or Use: The addition of enclosed rr unenclosed rooms or storage
spaces, porches, or park:ng area, to an existing bi.iding or use on a parcel of land.
' .2.160 Family- One or more persons occwpying a tingle dwelling unit'and using common cook•
ing facfities,,provided that, unless all members are related by blood, adopton or marriage, no
such family shalt contain over f:vo perons, but that such family may also Inc:ude grat:Htous guests
and servants In edd:tion:'
2.2.161 Family -Home occupation: For purpOS0 of Home occupation, Family is defined as on-
ly those persons rotated by blood, marriage or adoption and using cornrion cooking facilities within
a slhgle dwelling unit.
2.2.162 Filling StaUon: (See Service Sta:ion.)
2.2.153 Fixed Dwelling: A dwelling unit (or structure containing several units attached to a per-
manent foundaflon,
2.2.154 Flood: A temporary rise In stream or surface water level that tresults in Inundation of
areas not ordinarily covered by -water.
1.
22.155 Flood Frequency: The average frequency statistically do:3rrriined, for which i< is expected
that a specific flood level may be equalled or exeeedeI
2.2.158 Fioodway: That portion of the flood plu,n ,Pctuding the channel, which is a reasonably
required to dlschargo the bulk of the roglonal,flood waters. Foods at Icss trequent recurrence
and non-inundatht9 are usually cortakod completely within the fkodway.
2.2.168 Flood Plsfn: Those areas defined by the U.S. Geologlca( Survey or the U.S. Army Corps
of Engineers atf dublect to flooding once in one hundred (100) years, based on topography find
FEMA; and further Including any areas as may be dcsignatod at a future date by regulatory authority
of such times. `
I 2.2.167 Food Processing: The. preparaton, storage, or processing of food proOucts on a largn
scale. Examples ot.tnuso, activittos u;ckrde La'•anes, dairlas, conncrloa and other saniiar;ct v';;e7
of businesses ti
2.2.168 Frontage, Bullding: The outside wall surface of a building o of a porch of deck on e
building that Is nearest to the front lot Ilnt, or in trio case of a waif Rurfrce not parallel to the
front lot fir +, the average of the longest and shortest distance of the wail from the lot tine. For
r the purpose of this ordina'Ce "Lot Line :h3u, mean the lot line whic f abate street of eeparatee
-the lot from a street. Of anotHor 1d1, repair.
2.2.180 Garage, Commercial: A bulldLng or tioMonthersof used for rqu�pping, ccrvrci ng. pa
ing; rental, selling and/or storing self-propetted motor vanities. Gacolina, oil; grease, batteries,
I tires and motor vehicia .iccOssOrWS may be.supplied and dispensed at..retail.— _
Ord No
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2.2.181 Garage; Private: A bu0in8 or part thereofl*signeif and/or used for inside parking of
self-propelled private passenger vehicles by the occupants of the house or other principal struc.
tures on the premises or by the occupants of or employees of a particular firm.
2.2.182 Garage, Public: A building or part thereof designed or used for indoor or partially indoor
(covered) parking of self-propelled private passenger vehicles, operated as a commercial enter-
prise, accessory to a commercial enterprise, or as a governmental service and providing only
Incidental services for such vehicles.
2.2.210 Habitable Rooms: All living spaces within a dwelling unit (house, apartment, townhouse,
condominium, mobile home) arranged in such a fashion as to be commony described as kitchen,
dining room, living room, dinette, family room, den, music room, library, bedroom and/or any other
partitioned area that is designed to be used, or that may be used, in the opinion of the governing
body, as a room of carrying on of general family activities:
2.2.211 Height of Building: (See Building, Height)
Home Association: An incorporated, non-profit organization operating under recorded land
agreements through which, (a) each lot and/or home owner In a'planned or other described land
area is automatically a member, and, (b) each lot is automatically subject to a charge for a pro-
portionate share of the expenses for the organization's activities, such as maintaining a common
property, and (c) the charge if unpaid becomes a lien against the -properly.
2.2.112 Home Occupation: An occupation for gain or support conducted only by members
of a family residing on the premises limited In Its use and not In- a manner detrimental
to the character of the surrounding neighborhood.
2.2.213 Hotel: A transient commercial lodging establishment consisting of one or more buildings
used only for this purpose, including accessory uses such as eating and drinking facilities, recrea-
tion facilities and parking. This category includes motels and motor hotels. Lodgings may consist
of sleeping rooms only or may include cooking facilities also, but are not intended for long-term
occupancy.
2.2.240Institution or Institutional: A non-profit organization building, or use, publicly or privately
owned, for the benefit of the public (schools, churches, temples, hospitals, clubs, libraries,
museums, etc.)
2.2.270 Jetty: A projection of stone, brick, wood or other material, but generally formed
of piles, serving as a protection against the encroachment or assault of the waves and
current.
2.2.271 Junk Yard: Place, structure'or lot where junk, waste, discarded, salvaged, or similar
materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage,
barrels, containers, etc. are bought, sold, exchanged, baled, packed, stored, accumulated,
disassembled, or handled, Including auto wrecking yards, used lumber yards, house -wrecking
yards, and yards'or places for storage or handling or salvaged house wrecking and structural
steel materials. This definition shall not Include pawn shops and establishments for the sale, pur-
chase, or storage of usable second-hand cars, salvaged machinery, used furniture, radios, stoves,
refrigerators, or similar household goods and appliances when properly licensed. Nor shall it apply
to the processing of used, discarded, or salvaged materials as part of properly licensed manufac-
turing operations. A
2.2.300 Kennel: Any place or premises where a or more dogs over four months of age are kept.
2.2.330 Lot, Corner. A lot abutting upon two (2) or more streets at their intersection or upon two
;(2) parts of a street which form an interior angle of less than one hundred thirty-fivo it35) degrees.
The point of intersection of the street lines is the corner.
2.2.331 Lot, Interior. A tot other than a corner lot.
2.2.332 Lot Depth: The mean (av rage) horizontal distance between the front and rear lot lines,
measured at right angles to the btreet lines.
2.2.333 Lot Width: The mean (average) horizontal distance between the side lot lines, measured
at right angles to the lot depth, with the minimum to comply with this code to be measured at
the front setback line.
2.2.334 Lot Line, Front: The lot line contiguous to the street right-of-way line of the street on
which the lot has least dimension.
2.2.335 Lot Line, Rear. The lot line opposite to and most distant from the front lot line.
2.2.336 Lot Line, Side: Arty lot line other than a front or rear lot line. A side lot line of a corner
separating a lot fromt a street is called a side street lot line. A side lot line separating a lot from
another lot is called an Interior lot line.
2.2.337 Lot of Record: A lot which is a part of the recorded plat or a plot described by metes
and bounds, the map andlor description of which has been recorded according to Alabama law.
2.2.360 Maintenance and Storage Facilities: Land, buildings, and structures devoted primarily
to the maintenance and storage of equipment and material.
2.2.361 Manufacturing, General: Manufacturing, processing, assembling, storing, testing, and
similar industrial uses which are generally major operations and extensive in character; require
large sites, open storage and service areas, extensive services and facilities, ready access to
regional transportation; and normally generate some nuisances such as smoke, noise, vibration,
dust, glare, air pollution, and water pollution, but not beyond the district boundary.
2.2.362 Manufacturing, Light: Manufacturing or other Industrial uses which are controlled opera.
lions; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke,
noise, odor, or dust; operating and storing within enclosed structures; and, generating little in.
dustrial traffic and no nuisances.
2.2.363 Manufacturing, Extractive: Any mining, quarrying, excavating processing, storing,
separating, cleaning, or marketing of any mineral natural resource.
2.2.364 Maneuvering Space: The space entirely on private property required for maneuvering
vehicles into and out of spaces in such a manner as to preckide the backing of any vehicle Into
any street right-of-way.
2.2.305 Mini -Warehouse: A building or group of buildings in a controlled access compound that
contain varying sizes of Individual, compartmentalized and controlled -access stalls, cubicles andlor
lockers used for storage only.
2.2.368 Mobile Home: A manufactured dwelling unit with or without an undercarriage, axle(s)
and wheels and capable of being towed or transported in any manner on a public street, whether
or not axle(s) and/or wheels have been removed.
2.2.387 Mobile Home Park: A residential development on a parcel of land In one ownership pro-
viding rental spaces for two (2) or more mobile homes on a long-term basis, with recreation and
service facilities for the tenants.
2.2.368 Mobile Home Space: A plot of ground within a mobile home park designated for the
accommodation of one (1) mobile home or travel trailer.
2.2.339 Mobile Home Subdivision: A residential development designed for the accommodation
of mobile homes on Individually -owned lots or in condominium or cooperative ownership, including
recreation and open space areas held In common ownership, but not Including developments
serving transient, seasonal or mobile occupants.
2.2370 Motel, Motor Hotat: (See Hotel).
Not Residential Acrtiage: Land used or proposed to be used for the placement of dwelling unite
and their accessory Uses, private opdn spaces, parking areas, etc. Does not Include streets or,
�--hfic,' 'r®creation or open spaces. L '
Ord No
Page 4
2.1.391 Nightclub: A restaurant, dining room, bar, or other similar establishment providing food
or refreshments wherein floor shows or other forms of entertainment by persons are provided
for guests.
2.2.392 Non -Conforming Use: A use of of land existing lawfully at the time of enactment of this
Ordinance, or at the time of a zoning amendment and which does not conform with the regula-
tions of the district In which It Is located.
2.2.393 Nursing Home: A home for aged, chronically III, or Incurable persons In which 3 or more
persons not of the Immediate family are received, kept, or provided with food and shelter or care'
for compensation, but not including hospitals, clinics or similar Institutions devoted primarily to
the diagnosis and treatment of the sick or Injured.
2.2.394 Nursery, Plant Materials: Land, building, structure, or combination thereof for the storage,
cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises
including products used for gardening or landscaping.
2.2.395 Nursery School: A place for the day care and instruction of children not remaining over-
nighk includes day care centers.
2.2.420 Open Space: An area open to the sky which may be on the same lot with a building.
The area may include, along with the natural environmental features, swimming pools, tennis courts
or any other recreational facitlities. Streets, structures for habitation, and the like shall not be
included.
a. Open Space, Permanent Usable, In Planned Unit Development:
(1) privately -owned and occupied area of a separate lot, outside of any buildings on the lot, (2)
privatelyoccupied open space assigned to an individual dwelling unit in a project and not oc-
cupied by the dwelling, (3) public open space. Any spaces not occupied by buildings or privately -
owned lots or privately -occupied space. This public open space may consist of access driveways,
off-street parking spaces, pedestrian walkways, play areas, landscaped areas, sports areas and
any other areas suitable for the common enjoyment of the residents of the project.
2.2.421 Outdoor Advertising: Any sign for which a permit for erection or display is required by
this ordinance shall be deemed an outdoor advert;3ing sign; any such sign visible from the ex-
terior of any building Including window signs.
2.2.450 Parking Space, Off -Street: For the purpose of this Ordinance, an off-street parking space
shall consist of an area adequate for parking an automobile with room for opening doors on both
sides, together with properly related access to a public -street or alley right-of-way or required
landscape area.
2.2.451 Patio -Gordon Home: A single family dwelling located on its own lot, having only one
(1) side yard required or two (2) singe family dwellings connected by a firewall as required by
the Building Code with only one (1) side yard required per dwelling, with six hundred (600) spare
feet of courtyard, patio or open space provided per dwelling, or as otherwise stated in. this
Ordinance.
2.2.452 Plat: A map, plan or layout of a country, city, town, section or subdivision indicating the
location and boundaries of properties.
2.2.453 Planned Unit Development: A planned unit development (1) Is land under unified con-
trol, planned and developed as a whole In a single development operation or approved programmed
series of development operations for dwelling units and related uses and facilities; (2) Includes
principal and accessory uses and structures substantially related to the character of the develop-
ment itself and the surrounding area of which it is a part; (3) is developed according to comprehen-
sive and detailed plans which Include not only streets, utilities, lots, or building sites and the like,
but alto e:te plans, floor plans, and elevations for all buildings as intended to be located, con-
structed, used, and related to each other, and detailed plans for other uses and Improvements,
fac:llties, and services as will be for common use by some or all of the occupants of tho planner
unit development, but will not be provided, operated, or maintained at public expense.
2.2.464 Porch: A rooted -over or open space attached to the outside of an exterior wall of a bultding
which has no enclosure other than the exterior walls of such building. Open mesh screening shal
not, be considered an enclosure.
2.2.510 Recreations) Vehicle: A self-propelled vehicle used for temporary housing of individuals
and famllies during travel. This category, in this Ordinance is assumed to Include also campers,
camping trailers, motor homes and smaller mobile homes,(up to a length of twenty-eight (28) feet
exclusive of hitch) capable of being towed by a passenger motor car.
2.2.611 Regulatory Flood: The flood which Is representative of large floods known to have oc-
cured generally in the area and reasonably characteristic of what can be expected to occur. The
regulatory flood generally has a flood frequency of approximately 100 years as determined from
an analysis of floods at a particular site and other sites In the same general region.
(See Ordinance No. 668.)
2.2.512 Regulatory Flood Protection Elevation: The elevation of the regulatory flood plus one
(1) foot of freeboard to provide a safety factor.
Revetment: A facing of stone, concrete, etc., built to protect a scarp, enbankment, or shore struc-
ture against erosion by wave action or current.
2.2.514 Right-of-way: A strip of land taken or dedicated for use as a public way. In addition to
the roadway It normally Incorporates the curbs, lawn strips, sidewalks, lighting, and drainage
facilities, and may include special features, (required by the topography or treatment) such as
grade separation, landscaped areas, viaducts, and bridges.
2.2.516 Roadside Stand: A temporary structure designed or used for the display or sale of -
agricultural and related products.
2.2.516 Rooming House: Nbuilding, or part thereof, other than a motel or hotel, where sleeping
accommodations are provided for hire more or less transiently without provisions for cooking
by guests or for meals for guests.
2.2.540 Seat: For purposes of determining the.number of off-street parking spaces for certain
uses, the number of seats is the number of seating units installed or indicated, or each twenty-
four (24) lineal Inches of benches, pews, or space for loose chairs.
2.2.641 Service Station, Automobile: Any building or land used for retail sale and dispensing
of automobile fuels or oils; may furnish supplies, equipment and minor services to private
passenger vehicles Incidental to sale and dispensing of automobile fuels and oils.
2.2.642 Setback Line: A line established by the subdivision regulations and/or zoning ordinance,
generally parallel with and measured from the lot line, defining the limits of a yard in which no
building, other than accessory building, or structure, may be located above ground, except as
may be provided in said codes. (See Yards.)
2.2.643 Sewers, Public or Community: An approved sewage disposal system which provides
a collection network and disposal system and central sewage and treatment facility fora single
community, developement, or region.
2.2.545 Sewers, On -Site: A septic tank or similar Installation on an individual lot which utilities
an aerobic bacteriological process or equally satisfactory process for the elimination -of sewage
and provides for,the proper and safe disposal of the effluent, subject to the approval of health
and sanitation officials having jurisdiction.
2.2.646 Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names or marks or combinations thereof, by which anything
is made known, such as the designation of an Individual, a firm, an association, a profession,
a business, 6 commodity, or_product which are visible from any public Wary and used as an out-
door display.
Ord No %4S`
Page 5
2.2.647 Signs, Flashing or Intermittent Illuminating: Time and temperature announcements,
excluding other advertising copy, are not deemed to be flashing or Intermittent Illuminating signs.
2.2.648 Special Exception: A land use to be carried on any premises, that is not similar in nature
to the uses permitted in a district but that is desired in the community and for which a'suhable
'district is hot available. Such use may bd permitted in the most nearly appropriate district where
a location is ava!able, upon appeal to and approved by the Board of Adjustment, which may set
forth special conditions under which the use may be Clowed; a use permitted on appeal.
2.2.649 Structure: Anything constructed or erectedm the use of which requires a location on
the ground, or attached to something having a locaton on the ground.
2.2.5" Structural Alteration: Any change, except for repair or replacement, In supporting
members of a building or structure, such& s bearing walls, columns, beams or girders.
2.2.670 Tourist Home: A building, or part thereof, other than a motel or hotel, when sleep.
Ing accommodations are provided for transient guests, with our without meals, and which
also serves ad the residence of the operator.
2.2.671 Townhouse Complex: A group of not less than four (4), nor more than twelve (12)
townhouses connected by party walls.
2.2.572 Townhouse: A single-family residential building attached to a series of other single-family
residential buildings by not more than two (2) parry walls. Townhouses shall be built In groups
of not less than four (4); not. more thin twelve (12) townhouses connected by parry walls. As used
herein, "townhouse" refers to single-family residential buildings, as described above, Intended
for sale to individuals or families, and not to residential units Intended for rental purposes, whatever
their configuration, and platted on Individual lots.
2.2.573 Travel Trailer Park: A development for the accommodation of tourists or vacationers
on a short-term basis, providing rental spaces for each individual trailer, camper, motor home,
etc., and recreation and service facilities for the. use of the tenants.
2.2.600 Use: The specific purposes for which land or a building Is designated, arranged, Intend-
ed, or for which It Is or may be occupied or maintained.
2.2.630 Variance: A modification of the strict terms of the relevant regulations in a district with
regard to placement of structures, developmental criteria or provision facilities. Examples would
be: (1) allowing smaller yard dimensions because an existing lot of record Is of substandard size;
(2) waiving a portion of required parking and/or loading spaces due to some unusual circumstances;
allowing fencing and/or plant material buffering different from that required due to some unusual
circumstances. Available only on appeal to the Board of Adjustment.
2.2.660 Wholesale Establishment: Business establishments that generally setcommodmes In
large quani;:ies or by the place to retailers• jobbers, other wholesale establishments, or manufac-
turing establiahments. These commodities are basically for further resale, for use in the fabrica-
tion of a product, or for use by a business service.
2.2.720 Yard: A space on the same lot with a main building, such space being open, unoccupied
and unobstructed by buildings or structures and open to the sky except where encroachments
and accessory buildings are expressly permitted.
a. Yard, Front: An open, unoccupied space on the same lot with the main building, extending,
the full width of the lot and situated between t1e right-of-way line and the front line of the building
projected to the side lines of the lot. The depth of the front yard shall be measured between the
front lines of the buL'd ng and the right-of-way line. Covered porches, whether enclosed or unenclos-
ad, shall be considered as part of the main building and shell not project Into a required front
yard. On corner lots the front yard shall be -considered as parallel to the street upon which the
lot has its least dimension. For the purpose of this Ordinance, the front yard of waterfront lots
is the yard that abuts the public street regardless of the orientation of the design of the structure.
b. Yard, Rear. An open space on the same lot with the main building, such space being unoc-
cupied except possibly by an accessory buildind and extendng the full width of the lot and the
rear line of the main building projected to the side lines of the lot. On all corner lots the rear
shall be at the opposite end of the lot from the yard.
c. Yard, Side: An open, unoccupied space on the same lot with a main building, situated bet-
ween the side line of the building and the adjacent side line of the lot extending from the rear
line of.the front yard to the front line of the rear yard. If no front yard is required, the rear boun-
dary of the e!de yard shall be the rear line of the lot. On corner lots, the side yard shall be con-
sidered as parallel to the street upon which the lot has its greatest dimension.
Minimum Exterior Yard: That yard space remaining if the property Is developed to.the fullest
extent,allowbble under applicable ordinances. I
1.6 Flood Hazard Districts
3.51 FH-1 Flood Hazard District: This designation places the boundaries of flood hazard district
" FH-V determined as specified In Ordinance No. 668, over all other districts. The boundaries
of this district are shown on the Federal Insurance Rate Map(FIRM),
4.1 Application of Regulations
Thb following general provision pertain to the adm!pistration, enforcement of, and compliance
with this Ordinance• except as hereinafter provided.
4.22 Flood Hazard District: The boundaries of the flood districts shall be determined by scaling
distances on the Official Zoning Map and/or the Federal Insurance Rate Map(FIRM). Where inter-
pietation is needed as to the exact location of the bdundaries of the district, the Board of Adjust-
ment shall make the necessary interpretation. The person contesting the location of the district
boundary shall be given a reasonable opportunity to present his case to the Board and to submit
his own technical evidence If he so desires.
3.411 Unsafe Structures: Repealed.
4.4 Non -Conformance
4.4 Land Use: Where a lot, tract or parcel of land has an area or width that does not conform
to the requirements of the district In which it is located, said lot may be.used for a detached
single family dwelling except In the M-1 and M-2 Industrial Districts. A single detached family
dwelling may be constructed In an R-1, R•2, R-3, R-4 or R•5 Residential District provided the lot
to be so used has a minimum area of 4,000 square feet and a minimum lot width at the building
line of 40 feet, provided it Is located on a public sewer.
4.6 Surface Drainage Provisions r
Owners in the process of development 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 fin-
dings for the Falrhope Planning Commission's consideration In acting on building applications.
If such reasonable provisions are not made in the applicant's design, the Falrhope Planning Com-
mission 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 of sufficient capacity to receive up
to four (4) inches per hour rainfall on the paved area or areas required for off-street parking and
loading. Rainfall Intensity to be calcuated on storm frequency determined by the Commission
and/or Its Consultants.
5.1 General Residential District Requirements
5.13 Uses Prohibited: Any use involving business or commercial activity, Including the rum-
mage sales of new or used articles, commonly referred to as "Yard Sates", "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. Permits 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 specifical.
ly prohibited.
Ord No.
Page 6
5.14 Requlremints for Lot Area, Lot Width Coverage and Other Factors:
6.141 Public and Semi -Public Buildings:
(a) Minimum Lot Area and Lot Width: As shown In Table 5.3.
(b) Yard Regulations: As shown In Table 5.3.
(c) Maximum Building Haight: No structure shall exceed a height of thirty-five (35) feet,
except a church may have,a maximum of fifty (50) feet, provided that one (1) foot shall be added
to all minimum yard requirements for each additional foot of height in excess of thirty-five (35)
feet. (Does not apply to church sanctuary).
(d) Maximum Building Coverage: The maximum land covered by a building and landscap-
ing shall be as specified in Table 5.3.
6.142 Accessory Buildings:
(a) Lot Coverage: Maximum accessory building coverage shall not exceed 30% of the rear
yard area.
(b) Yard Regulations:
(1) Front: A detached accessory building shall not be located or extend into the front yard.
(2) Side Yards: Detached accessory buildings shall maintain a side yard of not less than
five (5) feet.
(3) Rear Yard: Detached accessory buildings shall maintain a rear yard of not less than
five (5) feet.
(c) Maximum Building Height: Detached accessory buildings shall not exceed one (1) story
or fifteen (15) feet In height.
(d) Maximum Building Coverage: None specified, only that no detached structure shall
be erected nearer than ten (10) feet to the mein structure on any lot.
6.2 Residential District Class Use Codes
The uses permitted and prohibited inclusive o1 those found In Section 5.11 and 5.12 are In.
dicated as follows by letter code:
A. Those uses found In Section 5.11.
B. Those uses found In Section 5,12.
C. Any uses not specifically permitted or permitted on appeal.
D. Single family detached dwellings excluding patio garden homes and townhouses.
E. Residential structures containing two family dwelling units.
F. Residential structures containing no more than four dwelling units.
G. Residential structures containing any number of dwelling units.
H. Patio/garden home single family dwellings.
I. Townhouse single family dwellings.
J. Mobile Homes.
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1. Might MY word 30 foot by 1 feet ter Yeh 10 feet the Set Width eMm4s; LAID feat.
3. ran feet On Meg side Of deviling, Or, if s dr/nwsY le M eM side, 11 feet With 3 feet Of planting Or.
]. 019hr lset M oee► Wilde of "III". Or. If a dr/rYe1 is On me vide, 13 feet with 3 feet of planting err M lOt 11M
A. Yin feet eYlti-Al lot width Is n0elreel ter Mth Iee11Y dwalll"I Mtt in Medea OI tee.
3. On1I OM Wide Yard n6e1M.
6. Mlnir "I eldtl rill be 10 Mt M seetteshee teenhoeeee M Onds of MMIM ran.
7. Applies ee1Y tO wtteelW {oWmlwweee M Onda ed eIe;IM rOwe vMn mtelr Lt rldeM will M AO teat.
3. Sao Art/eels Vi1. deaf/M 1.26
6.41 8-1 Local Shopping District
5.411 Uses Permitted: Neighborhood retail stores and markets, including the following types
of stores: food general merchandise, apparel, furnllure, household and hardware, radio and televl•
Sion, drugs and sundries, Jewelry and gifts, florlstd, sporting goods, pet shops, and similar types.
Neighborhood services Including the following: dry cleaning services Including pick-up stations,
barber shops, beauty shops, shoe repair, offices, banks, post offices, theaters, and similar ser-
vices. Any use permitted or permitted on appeal in a "R" District subject to all district requirements
except R-6.
6.43 B-3s Tourist Resort Lodging District:
6.431 Uses Permitted: Any use permitted In an R-1, R-2, R-3, R-4, R-5 PGH or R-5 TH Re3kien-
tial District. Motels, hotels, and Inns with restaurants only where attached or Integrated with the
building complex.
Uses Permitted on Appeal: Any use permitted on appeal In R-1, R-2, R-3, R-4, R-5 PFH
or R-5 TH Residential District. Restaurants, marinas, and uses designed to be compatible with
the Intent of this District.
6.44 9-3b Tourist Resort Commercial Services bistrict:
5.442 Uses Permitted.on Appeal: Commercial boat launching and docks, tourist related
commercial activity, amusement, sport, cultural, or recreation activity, Including auditorium or
exhibition hall, bowling alley, museum, and Indoor theater.
6.46 B-4 Business and Professional Offices:
6.451 Uses Permitted: Business and Professional offices, 4gencles and headquarters In-
cluding the following types of businesses: t
doctors, dentists, lawyers, architects, engineers, chiropractors, real estate, insurance, financial
institutions and similar types. Any use permitted or permitted on appeal In R-1, R-2, R-3, 8-4, R-5
PGH or R-5 TH Residential District.
6.52 M-2 General Industrial District:
6.524 Requirements for Lot Area, Lot Width,
Coverer and Other Factors-.
(b) Yard Regulations:
(2) Side Yard: None specified, except where a lot line abuts a residentlal district, a
minimum side yard shall bebetermined on an Individual basis by the Planning Commission.
(3) Rear. None specified, except where a lot abuts a residential district a minimu rear
yard shall be determined by the Planning Commission.
5.6 FH•1 Flood Hazard District '
The Flood Hazard District is superimposed on all other districts wherever It has been determin-
ed, Provided the use is in accordance withthe Flood Ordinance of the City of Fairhope (Ordinance
No. 668) permitted uses and standards for this district follow'
4.92 - 4.939 ReDealed
Ord No
Page 7
8.1 Planned Unit Developments
6.4 Uses Permitted _
•6.41 Principal Uses:
(a)Dwelling units of a permanent nature, for ownerhshlp or rental, ihcluding non -transient
mobile homes for mobile homt class developments.
(b ) Public parks and specialized recreation centers.
6.73 Individual Lot and Structure Requirements: The following shall apply:
6.731 Where public sewer Is available Is each mobile home lot shall have a minimum area
of four thousand (4,000) square feet, and have a width measured at right angle,to the side tine
of not less than fifty (50) feet for irregular shaped lots, provided that no lot shall have less fron-
tage on its access street than required for a driveway allowing maneuverability of the home onto
the lot. All corners of each lot shall be marked with Iron pipe, or other permanent type marker.
7.4 Townhouses
Location: It Is the Intent of this Ordinance that townhouses In areas where they are or may
be permitted:
7.411 May be appropriatoly Intermingled with other types of housing;'
7.412 Shall not form long, unbroken lines of row housing;
7.413 Shall constitute groupings making efficient, economical, comfortable, and conve-
nient use of land and open space and serving the public purposes of zoning by means alternative
to conventional arrangements of yards and building areas.
1.42 Plan Roqulred: In line with the general considerationq above, the following site plan and
design criteria are established:
7.421 Not more than six (6) contiguous townhouses shall be built In a row with the same
front line, and not moro than twelve (12) townhouses shall be contiguous. In groups of townhouses
consisting of more than six )6) units, the required difference In front line shall be a minimum of
three (3) feet.
7.422 Minimum width for the portion of the tot on which a townhouse Is to be constructed
shall be twenty-four (24) feet.
7.423 Minimum lot area shall be two thousand four hundred (2,400) square feet.
7.424 No portion of a townhouse or accessory structure In or related to one townhouse com-
plex shall be closer than twenty (20) feet to any portion of the townhouse or accessory structure
related to another townhouse complex, or to any building outside the townhouse area.
7.425 Each townhouse shall be constructed on its own lot. Townhouses constructed•In con-
dominlum developments may be excepted from this requirement by the Planning Commission.
7.426 No side yards shall be required except at the unattached ends of a townhouse com-
plex, in which case the minimum width shall be sixteen (16) feet. Minimum depth of front yards
shall be twenty (20) feet. •
7.427 Each townhouse shall -have on Its own lot one yard containing not less than four hun-
dred (400) square feet, reasonably secluded from view from streets or from neighboring proper-
ty. In condominium townhouse developments not subdivided Into individual lots, one (1) yard con-
taining not less than four hundred (400) square feet, reasonably, secluded from view from streets
or from neighboring property, shall be provided contiguous to, and for the private use of, the oc-
cupants of each dwelling unit.
7.428 Off-street parking sha!1 be provided at the rate of two (2) spaces per townhouse. In-
sofar as practicable, off-street parking facilities shall be grouped In bays, whether adjacent to
streets or in the Interior of block. No off-street parking space shall be more than one hundred
(100) lest by the most direct pedestrian route from a door of the dwelling unit it is Intended to serve.
7.429 In townhouse developments with a total area greater than five (5) acres at least twen-
ty (20) percent of the total area shall be devoted to common open space, exclusive of parking
areas or accessory buildings. Such common open areas may include recreational- facilities. Pro-
visions satisfactory to the Planning Commission and approved by the City Attorney shall beynade
to assure that common open Areas for the use and enjoyment of occupants of townhouses shall
be maintained In a satisfactory manner without expense to the general taxpayer. In addition, the
developer of a townhouse development or homeowners association created by the developer
by recorded covenants and restrictions, shall preserve for the owners and occupants of the
development such lands set aside for open areas, parks, or recreational use, and the common
off-street parking spaces established for the development.
7.5 Patio and Barden Homes
7.61 Location: It Is the Intent of this Ordinance that patio homes In areas where they @re
or may be permitted:
7.511 May be appropriately intermingled with other types of housing; shall constitute brpup-
ings making efficient, economical, comfortable, and convenient use of land and open space; and
serving the public purposes of zoning by means alternative to conventional arrangements of yards
and building areas.
7.52 Plan Requiremenfs: In line with general considerations above, the following site plan
and design criteria are established:
(a) Not more than two (2) contiguous patio homes shall be connected.
7.521 Each patio home shall be constructed on its own lot, and shall be a minimum Mdth
of forty (40) feet at the building line, and a minimum lot size of four thousand (4,000) square feet.
7.522 Each patio home shall have one (1) side yard with a minimum of ten (10)•Ibel.
Minimum depth for rear yard shall be fifteen (15) feet. Fireplace and chimney may be placed In
the side or rear yard setback provided they do not project beyond thirty (30) inches beyond the
wall, and, provided they do not restrict or obstruct any drainage or drainage easement, either
existing or proposed.
7.523 The required ten (10) foot side yard must be kept perpetually free of permanent
obstructions, accessory structures; walls and fences without gates.
7.524 Privacey fences or walls may be placed on or along any lot lines provided that •such
fences or walls are not constructed in such a manner as to block any local lot drainage and pro-
vided gates or other openings are provided that will not restrict access.for fire protection. An
eight (8) foot maximum height limit will be permitted for privacy fences or walls located on or
along any required side or rear yard. '
7.525 Each patio home shall have on Its own lot one yard containing not less tharr six
hundred (600) square feet, reasonably secluded from view of streets or neighboring property
7.526 Maximum lot coverage permitted for the main dwelling shall be sixty (60) percent
of the permitted building area not Including coverage permitted for accessory buildings or
structures.
7.527 Off-street parking shall be provided at the rate of two (2) spaces per dwelling unit
and shall be located within the interior of thii lot. Garages shall not be credited toward the park-
ing requirements, if said garage is a part of the main dwelling or attached to the main dwelling.
7.528 The exterior walls of the patio home, or any accessory structures located on the
zero -loot side yard setback shall not project over the property line. Roof overhang may penetrate
maintenance and drainage easement of the adjacent lot a maximum of thirty (30) inches, prorvid.
ad the roof shall be so designed that water runoff shall be restricted to the drainage easement area.
7.529 No windows, doors, or other openings shall be permitted on the zero (0) loot'side
line of any patio home unit. Where adjacent zero (0) lot line dwellings are not constructed against
or along a common lot line, a perpetual wall maintenance easement of three (3) feet In width
along and parallel to the adjacent lot shall be provided.
Ord No �4�2_
Page 8
7.529a Where adjacent zero (0) lot line dwellings are not constructed against or along
a common line, a perpetual drainage easement shall be provided which shall be approved by
the City Engineering Department. Fences and walls may be located on or along this easement.
provided gates or other openings that will not block local lot drainage are maintained. ' ..
7.529b The lot adjacent to the zero (0) setback side yard must tie under the same owner-
ship at the time of initial construction (ensuring that a developer does not infringe on (he property
rights of owners of adjacent tracts).
7.529c A fifteen (15) foot side setback shall be required, provided the adjacent property
Is not zoned for patio homes or Ii not a permitted use In the adjacent zoning district.
7.529d No accessory structures shall be erected in a required front, side, street side yard,'
or open space. Accessory structures shall be permitted in the rear yard and shall not -exceed
one story (15)feet In height; and shall not cover more than twenty-five (25) percent of the re-
quired rear yard; and shall be permitted a zero (0) foot setback from the rear yard; and side pro-
perty lines, and five (5) feet from any other structures on the same lot. These requirements Shall
net apply to unattached open carports and garages.
7.529e Unattached garages and carports shall be permitted In addl!!on to the twenty-five
(25) percent coverage for accessory structures, but shall not exceed six hundred (600) square
feet In area; and shall not be placed in any required front, side or street side yard or open space;
and shall not exceed one and one half (1 %) stories In height; and shall be permitted in zCro (0)
set back from the rear and side property lines, and five (5) feet from any other structurb on the
same lot.
7.8 Accessory Uses; Temporary Buildings; Fall -Out Shelters; Home Occupations
7.61 Accessory Uses: Any use may he established as an accessory use to any permitted
principle use In any district provided that such accessory use:
7.611 Is customarily Incidental to and Is maintained and operated as part of the principal
use; `
7.612 Is not hazardous to and does not impair the use or enjoyment of nearby property
In greater degree than the principle use.w!lh which it is associated;
7.613 Does not create levels of noise, odors, vibration and lighting, or degrees of traffic
congestion, dust or pollutants, in a greater amount than is customarily created by principle use;
7.614 Is not located in minimum exterior yard; and,
7.615 In residential districts an accessory use will conform to the following requirements
except for the Patio/Garden Home District.
7.7 Automoblle Service Stations
7.76 Other Site Improvements:
7.766 No automobile service station shall be extended In area unless the proposes ezten-
Sion is in conformity with the foregoing requirements.
7.8 Signs <
7.81 General Provisions: The following shall apply: ;
7.811
(A) Certain types of signs listed below shall be permitted in all zoning districts and'are
oxempt from the permit requirements applicable to other signs.
(a) Temporary signs Allowed Under 7.821, which are used by individual owners or tenants
on residential sites for the announcement of yard and garage sales, shall be removed by the'per-
non erecting same, following completion of the sale. No sign pefmitted hereby shall be erected
upon any fence, tree or utility pole orjin any other manner so as to impede the view of motorists
or pedestrians or on public property.
7.82 Signs Permitted In Zoning Districts:
7.121 R-1, R-2, and R•11 Districts: Permanent signs are prohibited except as provided
In Paragraph,7.811. Temporary signs on private single-family residential property are permitted
at the property owner's discretion, provided, however, the sign shall be removed upon termina-
tion 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
foot In surface area.
7.822 111114, R-5, POH, R•6 TH, R-fl and FH-1 Districts: One (1) outdoor sign per lot or develop
ment 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 Official and issuance of a building permit.
In lieu of a sign on the front face of a multifamily 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 %alth maximum surface area not to exceed sixteen (16) square feet and real
property safe 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 constr*ion or
sale of the property.
7.84 Maintenance and Removal of Outdoor Advertising Signs:
7.844 In the event of the partial or complete destruction of any outdoor advertising sign,
not the deliberate act of the owner or his agent, 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 add!tional building permit, provided the provisions of this Ordinance
are adhered to.
7.845 Existence o! any non -conforming sign on the premises will prohibit Issuance of further
sign permits while non -conforming use exists.
70.1 Parking Requirements for All Districts
70.145 Paved Areas of Parking Lots: Paved surfaces for off-street parking shall be isphalt
or concrete and 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, ex�ludfng
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.'rdceNe
a reasonable portion of the rainfall from the surrounding pavement. Trees In these Interior land-
scaped "Islands'! are recommended. However, shrubs and grass as described above for pefiMpfer
landscaping must be provided In these "Islands."
70.4 Storage and Parking of Trailers and Commercial Vehicles
70.44 A junked•vehicle, or one that is not in use, shall not be permitted to be locaed on or
near lots with dwelling units. These junk autos shall be confined to junk yards.
Building Setback Requirements on Streets and Highways
70.51 No building or structure shall be erected, improved, remodeled or moved so that. it
Shall be nearer than fifty (50) feet from the property llne of Greene Road, and any person, firm
or cotporation who shall erect, Improve, or remodel or move any building In violation of this sec•
lion shall remove the same upon notice of the mayor requiring such removal.. - • ,
70.52 From and after January 22,1946, no commercial, manufacturing or industrial building
or building used in connection therewith nor any structure shall be erected on property adjacent
to Section Street nearer than fifty-five (55) feet from the centef line of said street; and no residen-
tial building or buildings used in connection therewith shall be erected on property adjacent to
Section Street nearer than sixty-fivo (65) feet from the center line of said street. The section line
Is the center line of said Sectlon'Streat.
r 70.53 No commercial, manufacturing or Industrial building used in connection therewith her
any structure shall be erected on the East side of Bancroft Street nearer than fourteen (14) feet
from the property line on said street as the some existed on May 10. 1954.
Ord No �� S
Page 9
8.1 Establishment of the Planning Commission
The Planning Commission of the City of Fairhope is hereby established under the Code of Alabama
(1975), with amendments and supplements thereto, and Is granted the powers and duties as stated
herein and shall operate as follows:
8.11 Membership: The Commission shall consist of nine (9) members 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 or employment, the City of Fairhope, Alabama or its planning
jurisdiction who hold no other public office in the City of Fairhope.
The Mayor, the City Councilperson, and the city administrative official shall be ex-olficio
members of the Commission having full privilege of participation in the business of the Commis-
sion, Including voting privileges. Their terms shall correspond to their respective official tenures
except tht the term of the administrative official selected by 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 infor-
mation outlining conflict of interest laws. The City Building Inspector shall serve in an advisory
capacity to the Commission and shall attend all meetings, unless excused by the Commission,
but shall not vote.
ARTICLE Vill
ZONING ADMINISTRATION
8.2 Duties and Powers of the Zoning Enforcement Officer
8.22 The Zoning Enforcement Officer id authorized and empowered on behalf and in the
name of the Council to administer and enforce the provisions of this Ordinance to include receiv
ing applications, inspecting premises, and Issuing Certificates of Zoning Compliance Building Per.
mits and Certificates of Occupancy for uses and structures which are in conformance with the
provisions of this Ordinance and he shall interpret the meaning of the Ordinance in the course
of enforcement.
8.23 The Zoning Enforcement Officer does not have the authority to take final action on ap•
plications or matters Involvng variances, non -conforming uses, or other exceptions which this
Ordinancg has specifically reserved for public hearings before the Board of Adjustment, the Plan-
ning Commission. and/or the Council.
8.4 Establishment of the Board of Adjustment'
8.44 Public Offices Held: No member shall hold any other public office or position.
8.6 Procedure for Requesting a Zoning Amendment
8.64 The Council shall hold a public hearing at the earliest possible time under the time limits
spelled out above to consider the proposed zoning amendment, and shall take action on said
proposed zoning amendment within forty-five (45) days from the date of the public hearing.
8.8 Procedure for Zoning Newly Annexed Land
Any unzoned land annexed to the City of Fairhope hereafter shall be classified R-1 unless other-
wise classified by the Planning Commission and City Council at the time of annexation In confor-
mity with the Comprehensive Plan. Annexed land with an established zoning shall at the time
of annexation be rezoned to a use compatible with the municipality's own zoning districts or to
an entirely new zone consistent with established procedure:
8.9 Penalties
Any person violating any provision of this Ordinance shall be fined upon conviction, not less than
twenty-five dollars ($25.00) nor more than two hundred and fifty dollars ($250.00) and costs of
court for each offense. Each day such violation continues shall constitute a separate offense.
.- - 1.1 --- ^^
B. This ordinance shall take effect immediately upon
its due adoption and publication as required by
cU law.
aw. U
N O
fi � U ADOPTED THIS �� DAY OF 1986.
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