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Home My WebLink AboutO-833ORDINANCE NO. D 3 3 AMENDMENTS & ADDITIONS TO ZONING ORDINANCE NO. 557 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION ONE. Section 4.12 Building Heights is hereby amended to read as follows: "No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located unless approved by the Planning Commission. The Planning Commission may consider for approval heights in excess of those specified in any use district." SECTION TWO. Section 4.417 Access to Public Streets is hereby amended to read as follows: "Access to public streets shall be maintained in accordance with the following requirements: (a) Each principal use shall be placed upon a lot or parcel which provides frontage on a public street having a right-of-way of not less than thirty (30) feet. (b) Any additional dwelling shall have access to a public street by means of a passageway open to the sky at least fifteen (15) feet in width. (c) Provided, however, that approval by the Planning Commission of any privately maintained street or drive shall operate as a waiver of requirements in a. and b. above and building permits may issue in reliance thereon." SECTION THREE. Sections 5.421 Uses Permitted and 5.422 Uses Permitted on Appeal are hereby amended to read as follows: "Uses Permitted: Any use permitted in B-1, B-3a, B-3b or B-4 Business District; retail and wholesale trade, major auto repair in an enclosed building, enclosed places of amusement and assembly, and similar uses not specifically prohibited and not reserved as uses permitted on appeal. Uses Permitted on Appeal: -�Rg01 Dry cleaners and laundries; manufacturing incidental to a retail where articles are sold at retail on premises, mini -warehouses, any use involving outdoor sales or activities including but not limited to, automobile sales lots, outdoor service and repairs, recreational vehicle parks, sales of motor homes or recreational vehicles, outdoor amusement activities, when such sale or activity is not incidental to an otherwise permitted use and is of longer continuous duration than five business days. Where a use is neither specifically permitted or denied, the Board of Adjustments and Appeals may consider an application for Special Exception Use." 1 (?•. Q " b 33 SECTION FOUR. Section 7.6154 is hereby amended to read as follows and Section 7.6155 is hereby added: "7.6154 No detached accessory building shall be located within the minimum exterior front yard of a lot. 7.6155 An open carport may be constructed over an existing driveway not nearer than five feet to property line and need not provide the ten -foot separation required by Section 7.6152; provided, however, that a carport permitted under this section shall not in the future be enclosed or converted to any other use." SECTION FIVE. Section 8.6 Procedure For Requesting a Zoning Amendment Ts hereby amended to read as follows: "8.61 An application must be submitted in writing on form furnished by the City, must be accompanied by a drawing showing existing zoning and proposed change of zoning as well as zoning of adjacent lands and the applicant shall furnish a location map suitable for reproduction with legal notice sufficient to identify the property where zoning change is proposed. The applicant shall also furnish the City the names and mailing addresses of all persons owning property within 300 feet of the property to be rezoned. Names and addresses shall be from latest records of tax assessor and accuracy of list is applicant's responsibility. If leasehold property is involved, both the land owner and the owner of improvements must be included for notification. If application involves leasehold property, both landowner and owner of improvements must sign the application. Applications shall be received and reviewed by staff. within fifteen days of receipt, staff shall complete review and, if in order, place the required legal notice and send certified mail notices to owners of record within 300 feet as required by law. Incomplete applications shall be returned to applicant for correction. Upon initiation of advertisement and notice to owners, executive secretary of the Planning Commission.shall place the application on agenda for public hearing at next regular Commission meeting following completion of required notice. 8.62 The Planning Commission shall conduct the public hearing as required by law and shall submit its report to the City Council within not more than forty-five days from the date of said public hearing. The City Clerk shall then publish notice as required by law and schedule a public hearing before the City Council. 2 O.. - V. ?3.3 8.63 The Council shall conduct its public hearing at the next regularly scheduled meeting following completion of required advertisement and shall, within not more than forty-five days from date of such hearing, act upon the application by either denying the application or introducing an ordinance to amend Ordinance No. 557. 8.64 An application may, upon written request of applicant, be withdrawn without prejudice prior to public hearing before the Planning Commission and provisions of Section 8.65 shall not apply. Upon written request of applicant, an application may be withdrawn prior to public hearing before Council; however, such withdrawal shall not in any manner be construed to waive provisions of Section 8.65 below. 8.65 No application shall be considered for zoning amendment affecting the same parcel of land which has been the subject of zoning amendment application within the preceding twelve months. Withdrawal after Planning Commission's public hearing is called to order shall not operate to waive this provision. 8.66 The applicant for a zoning amendment shall bear the cost of all legal advertisement and notification of owners required herein as well as prescribed filing fees. 8.67 Nothing herein shall be construed to prevent either the Planning Commission or the City Council from calling a special meeting to consider an application for zoning amendment; provided, however, that advertisements and notices must set out time, date and place of such meeting and that all requirements for advertising and notice must be completed before date of hearing. SECTION SIX. Section 8.8 Procedure for Zoning Newly Annexed Land is hereby amended to read as follows: "8.81 Annexed land with established zoning may be so classified if compatible with City's zoning districts. If such established zoning is not compatible, the subject land annexed may be re-classified to a compatible use district. Unzoned land annexed shall be classified R-1 (or, if subdivided, to the lowest density single-family district to which existing frontage and areas will conform), unless otherwise recommended by the Planning Commission and classified by the City Council concurrent with annexation, in conformity with the Comprehensive Plan. 9 6 ' Ae. J33 SECTION SEVEN. If any section or provision of this ordinance shall be held invalid, such holding shall not affect the validity of any other section or provision thereof which is not of itself invalid. SECTION EIGHT. Any ordinance in conflict with the provisions of this ordinance is hereby repealed. SECTION NINE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 4/ DAY OF r 1989. J es P. Nix, Mayor City erk c a U .aWn _0 ON co Uj oWo 4