HomeMy WebLinkAboutO-829ORDINANCE NO. O°2�
AN ORDINANCE AMENDING ORDINANCE NO. 557, THE
ZONING ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, THAT ORDINANCE NO. 557 BE AND THE
SAME IS HEREBY AMENDED, AS FOLLOWS:
Section 2.2 is amended by the addition of the following
terms and definitions:
2.2.008 Access Way - The principal means of vehicular
ingress and egress.
2.2.009 Architectural Planter - A container within which
plantings may be placed to meet the requirements
of this ordinance.
2.2.074 Crown - The main point of branching or foliage of
a tree or plant, or the upper portion of a tree
or plant.
2.2.075 Crown Spread - the distance measured across the
greatest diameter of a plant.
2.2.098 Deciduous Plants - Not perennial or permanent.
Trees/plants whose leaves fall off.
2.2.099 Developed Area - The portion of a plot or
parcel of land, excluding public rights -of -way,
upon which a building, structure, pavement,
landscape material, or other improvements have
been placed.
2.2.100 Drip Line - The outer perimeter of the crown of a
plant.
2.2.122 Encroachment - The protrusion of a vehicle
outside of a parking space, display area, storage
area, accessway, or access aisle into a
landscaped area.
2.2.183 Ground Cover - Natural (mulch) or low growing
plants other than deciduous varieties installed `
to form a continuous cover over the ground.
2.2.241 Interior Area - The entire parcel to be developed
exclusive of the perimeter landscape areas.
2.2.338 Landscape - The placement of landscape material
in the planting area in accordance with the re-
quirements of this ordinance.
2.2.339 Landscape Material - Living material including,
but not limited to, trees, shrubs, vines, lawn
grass, ground cover; and landscape water
features. Non -living material may be used in
Such a manner as to present a finished appear-
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ance and to complete coverage, and may consist
of pine or cypress bark, crushed pecan shell,
pine straw, or other decorative mulch. In no
instance shall pebbles, gravel, or marine shells
be used. At least 50 percent of such materials
shall be living.
2.2.396 New Construction - Any development for which an
application for a building permit must be made
prior to the initiation of any improvements.
Also, in the case of vehicular use paving, any
preparation or pavement (asphalt or concrete)
of a site intended for any type of vehicular
use begun after the effective date of this
ordinance.
2.2.455 Perimeter Area - That portion of a parcel of land
bordering the exterior boundaries.
2.2.456 Perennial Plants - A plant whose root remains
alive more than two years.
2.2.457 Planting Area - Any area designed for landscaped
material installation, having a minimum of fifty
(50) square feet, a minimum depth, as measured
perpendicular to the adjacent property line, of
five (5) feet, and consisting of suitable growing
medium with proper drainage.
2.2.517 Redevelopment - the demolition or removal of the
principal structure or more than fifty percent
(500) of the impervious surface of a site.
2.2.550 Shade Tree - Any self-supporting woody plant of
a species that is well shaped, well branched and
well foliated which normally grows to an overall
height of at least thirty-five (35) feet and
normally develops an average mature spread of
crown greater than thirty (30) feet in Baldwin
County, Alabama. Plant standards shall be as
defined by American Standards for Nursery Stock,
1986.
2.2.551 Shrub - A woody perennial plant differing from a
perennial herb by its persistent and woody stems
and from a tree by its low stature and habit of
branching from the base.
2.2.630 Vehicular Use Area - Any ground surface area,
excepting public rights -of -way, used by any
type of vehicle whether moving or at rest for
the purpose of, including but not limited to,
driving, parking, loading, unloading, storage,
or display, such as, but not limited to, new and
used car lots; activities of a drive-in nature
in connection with banks, restaurants, filling
stations, grocery and dairy stores; and other
vehicular uses under, on, or within buildings.
2.2.631 Vines - Any of a group of woody or herbaceous
plants which may climb by twining, or which nor-
mally require support to reach mature form.
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2.2.632 Visual Screen - A barrier of living or non -living
landscape material, put in place for the
purpose of separating and obscuring from view
those areas so screened.
Section 70.14 LANDSCAPING is hereby repealed and the
section is amended to read as follows:
70.14 Landscaping Requirements
All areas now or hereafter proposed to be
constructed or re -developed shall conform to
the requirements of this ordinance.
70.141 Reserved
70.142 Landscaping Plan Required
Whenever any construction or redevelopment on any
parcel, not otherwise exempt, is proposed no
permit for such work shall issue until a
landscape plan conforming to the requirements of
this ordinance is submitted and approved. Such
plan shall be fully dimensioned and drawn to
scale and shall include, at the minimum, the
following:
(1) Species, size, and location of existing
trees to be retained.
(2) Species, size, and location of trees to be
planted.
(3) Shrubs and other landscape material to be
provided.
(4) Screening and buffers required hereunder.
(5) Proposed structures and vehicle use areas.
(6) Relationship of site to adjacent public or
private streets and properties.
(7) Such other information as the zoning officer
may reasonably require to ascertain compli-
ance herewith.
70.143 Permit Procedures
Application for approval of landscape plan shall
be made in writing to the zoning officer. Upon
approval of plan, the zoning officer shall en-
dorse such approval thereon. Where planning
commission review of site plans for building
permits is required by this ordinance, the
commission shall also review the landscape plan
in the same manner provided for site plans.
Within a reasonable time following receipt of
application, and subject to requirements herein,
the zoning officer shall either approve or deny
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the application. Disapproval shall be in
writing, stating reasons therefor.
Approval of required landscaping plan shall be
a condition precedent to issuance of any required
building permit, and a copy of approved plan
shall be kept available at the site.
No certificate of occupancy shall be issued until
the applicant/owner has either:
(1) Satisfactorily completed all site and land-
scaping work as required by approved plans,
or
(2) Has posted a bond or other financial guaranty
with surety approved by the city in an amount
equal to the cost of completing required work
Applicant shall submit an estimate of costs
to complete the work, which estimate shall be
certified by an Alabama Registered Land-
scape Architect and/or Registered Professio-
nal Engineer and/or Registered Landscape De-
signer. Such financial guaranty shall
be conditioned upon full and final comple-
tion of work required within ninety (90)
days from date of instrument.
If error is alleged in any act or determination
of the Zoning Officer in the administration or
enforcement of this ordinance, an appeal may be
taken to the Board of Adjustments and Appeals by
filing Notice of Appeal, in writing, with the
officer from whose decision appeal is taken,
within 15 days of the date of such act or deter-
mination. Appeal shall be scheduled for hearing
at the earliest regularly scheduled Board
meeting which allows required advertising
and notice.
70.144 Lands to which Landscaping Provisions apply:
The within landscaping requirements shall apply
to all new' development and all redevelopment
in all zoning districts but shall not apply to:
(1) single family residence
(2) two-family residences
(3) existing developments and facilities ex-
cept as otherwise provided herein.
7.145 Perimeter Landscape Requirements
7.145.01 Required landscaping adjacent to Public
Rights -of -way.
1. Front perimeter - except at permitted access
ways, all interior development and vehicular
use areas shall be separated from public
right-of-way frontage by a landscaped strip
of land 10 feet in width, adjacent and para-
llel to the right-of-way line.
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2. Secondary perimeter - except at permitted
access ways, all interior development and
vehicular use areas located at intersec-
tions of the public right-of-way shall be
separated from the secondary right-of-way
by a landscaped strip of land 6 feet in
width, adjacent and parallel to the right-
of-way line.
3. Required landscaped areas shall be exclusive
of the land occupied by curbs and sidewalks.
Vehicles shall not overhang more than two (2)
feet onto landscaped areas.
4. Total tree requirement within the required
landscaped area shall be in ratio of one
tree for each 50 feet, or fraction thereof, of
primary or secondary frontage. Fifty (50)
percent or more shall be shade trees.
5. Grass or other ground cover shall be planted
within all landscape areas not occupied by
other landscape material. At least 50% of
such ground cover shall be living material.
6. The required landscape area between vehicle
use areas and public right-of-way shall be
planted with a solid, unbroken visual screen
at least 36-inches in height at planting, ex-
cept for four (4) feet each side of permitted
access ways. Where non -living material is used
for screen, one shrub or vine at least 30
inches in height at planting shall be required,
on the right-of-way side, for each ten (10)
linear feet, or fraction thereof, of screen.
7. Cross -visibility - at the corner of each side
of permitted points of access from public
right-of-way, or at corners of intersecting
streets, landscaping shall be so planted and
maintained as to provide unobstructed visi-
bility between the heights of 2 1/2 feet and
10 feet within an area defined by constructing
lines parallel to and 25 feet from the curb
line and extending back 25 feet from the point
of intersection of curb lines projected.
8. Vehicular use areas and areas not occupied by
development, located adjacent to side or rear
property lines, shall be separated from adja-
cent property by a strip of land five (5) feet
in width, adjacent and parallel to the lot
line. This strip shall be landscaped and
graded so as to receive rainfall run-off.
Surface water runoff shall not be permitted
to pass onto adjacent property.
9. Screening of imcompatible land uses or zones.
Where a use or zone is established and such
use is incompatible with adjacent property
there shall be required a 10-foot buffer strip
along and parallel to the common property
line.
The developer of such site shall install adjacent
to the common boundary a solid, unbroken visual
screen at least six feet in height at installa-
tion. If such use includes any outdoor operation,
equipment or storage of materials, there shall
be required a fence, wall or other barrier of at
least six (6) feet in height to prevent the entry
of vehicles or persons thereon from adjacent
property.
There shall be required in each buffer area, one
tree for each 50 linear feet, or fraction thereof,
of buffer strip. At least half the total trees
shall be shade trees.
That part of the buffer strip not occupied by
other landscaping shall be planted with grass or
other living ground cover.
In the case of separation of incompatible uses,
the buffer strip herein required is in lieu of and
not in addition to other requirements for that
specific perimeter.
7.146 Interior Landscaping Requirements
Where accommodations are provided for parking of
50 or more vehicles, interior landscape areas
shall be provided, so located as to break the
expanse of pavement and to guide traffic flow.
The total area provided for interior landscaping
shall be at least ten percent of the total paved
area for parking and access. Trees, shrubs, grass
and other ground cover shall be planted in the
same ratio as required in perimeter landscaping.
In addition to the foregoing, parking lots to
accommodate large volumes of parking such as shop-
ping centers, the following requirements shall
apply:
1. A continuous landscape strip of at least
six (6) feet in width at every fourth
parking row, with solid protective curb-
ing. Vehicles shall not overhang more
than two (2) feet into landscape areas.
2. No more than 18 continuous parking spaces
shall occur without an intervening planting
area at least six (6) feet wide located
adjacent and parallel to the parking
spaces.
3. Required trees and ground cover shall be
as provided for perimeter landscaping.
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7.147 - Curbing
Where 50 or more vehicles are to be accommodated,
solid, raised curbs shall be installed for protec-
tion of landscaped areas and to control traffic
flow within the parking lot. Openings may be
provided as required for pedestrian walks and
passages.
7.148 - Screening of Storm Water Detention Areas
7.149
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Where storm water detention areas are proposed
which have side slopes steeper than 3 to 1 or
where design depth of maximum water retained is
2 feet or greater, a solid, unbroken visual screen
at least 30 inches in height at planting shall be
required on all sides of detention area. Where
the depth and time of water detained is such as
to require a protective fence, fence shall be
installed on the reservoir side.
Existing Non -Conforming Uses
Where existing uses have paved parking lots and
are not otherwise exempt from provisions of this
ordinance, such parking lots shall be landscaped
to fully conform to the provisions of this ordin-
ance within not more than 12 months from the date
such ordinance becomes effective. Provided,
however, that no existing use shall be required
to suffer loss of existing, established parking
spaces in order to fully conform hereto.
Maintenance of Landscaping
The owner, tenant, agent of either or person in
charge of premises shall be jointly and severally
responsible for the maintenance of all landscap-
ing, landscaped areas and incidentals as required
by this ordinance. All trees and other plant
material shall be kept in a healthy, living state
and grounds shall be kept free of rubbish, refuse
and debris. Grass and shrubbery shall be kept
neatly trimmed.
This ordinance shall become effective immediately upon its
due adoption and publication as required by law.
ADOPTED THIS /?
�"d
O
Ciyrterk
DAY OF 1989.
J mes P: Nix, Mayor
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