HomeMy WebLinkAboutO-836ORDINANCE NO. 0.94
AMENDMENTS & ADDITIONS TO ZONING ORDINANCE NO. 557
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA,
AS FOLLOWS:
SECTION ONE. Article IV, General Provisions, is hereby amended by the
addition of the following:
114.16 - Residential buildings in new subdivisions of record, containing
50 or more lots may be temporarily used as model homes and sales
offices provided such use conforms to the following:
1. Subdivision plat must be filed for record prior to issuance of
permit.
2. Facilities for sewaae disposal must be approved and available.
3. Not more than 50% of gross floor area may ",e used for sales office.
4. Only sales activity relating to the subdivision is permitted and no
other business activity -may be engaged on the premises.
5. License -for such use shall expire upon completion of sale of last
lot in subdivision or upon expiration of three calendar years from date
of permit, whichever is earlier. Provided, however, that such license
may be extended upon showing of good cause by permittee. License is
not transferable to any other permittee except on approval of City.
6. Paved parking shall be provided as rquired by this ordinance for
offices. Landscaping shall be installed in such manner that vehicles
utilizing parking lot shall be screened from view frorA the street.
Upon expiration of model home/office use, such paving shall be removed
by permittee and replaced with grass and landscaping.
7. Permitted use is limited to the structure initially permitted and is
not transferable to any other structure or lot within the subdivision.
8. Only one sign shall be allowed upon the premises and shall be
limited in message content to designation of model home/sales office,
developer's name and telephone number. Sign shall not exceed six
square feet in area and shall not be illuminated."
SECTION TWO. Article V, District Requirements, paragraph 5.13 is hereby
amended to read as follows:
"5.13 - Uses Prohibited:
Any use involving business or commercial activity, including the
rummage sales of new or used articles; commonly referred 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. 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 specifically
prohibited. Provided further that temporary use of a residential
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building in a new subdivision of record containing 50 or more lots as a
model home and sales office shall not constitute "Prohibited Business
or Commercial Activity" when conforming to requirements of Section
4.16."
SECTION THREE. Article V is hereby amended by the addition of the
following new district
"5.0 Residential/Agricultural District Requirements.
Except as otherwise provided in this ordinance, the following
provisions shall apply to this district:
5.01 Uses Permitted:
Single family residential structures and: Home occupations, when
properly licensed as provided in Section 7.64; accessory structures;
gardens, playgrounds; parks, public buildings, including schools and
libraries; horticulture; agriculture or farming, including the raising
and keeping of livestock, poultry and domestic fowl (including but not
necessarily limited to cattle, horses, sheep, swine, goats, chickens
and rabbits); plant nurseries; market gardening, field crops and
orchards and similar uses.
5.02 Uses permitted on appeal:
Those uses permitted on appeal in Section 5.12.
5.03 Uses prohibited:
Those uses prohibited in Section 5.13.
5.04 General Requirements:
5.041 Principal Use Buildings:
A. Minimum lot.area: 3 acres. Minimum frontage at setback: 198 feet.
B. Front Yard: Minimum 75 feet. Rear Yard: Minimum 75 feet. Side
Yard: Minimum 25 feet. Street Side Yard: Minimum 50 feet.
C. Maximum Height: Except as otherwise provided in this ordinance for
special Planning Commission approval, no building hereunder shall
exceed a height of 30 feet or two stories.
D. Maximum Building Area: No building shall cover more than 40 percent
of the gross lot area.
5.042 Accessory Buildings:
A. Front Yard: no accessory building shall be located in the minimum
exterior front yard of any lot.
B. Side Yard: no accessory structure shall be located nearer to an
interior lot line than fifteen feet nor nearer to a street side line
than 50 feet.
C. Rear Yard: no accessory structure shall be located nearer than
fifteen feet to the rear lot line.
D. Maximum Building Area: accessory structures shall not cover more
than 30 percent of the gross lot area.
E. Maximum Building Height: no.agricultural accessory structure shall
exceed a height of 35 feet or two stories and other types of accessory
structures shall not exceed a height of 15 feet or one story, except as
may otherwise be provided herein.
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F. Building Separation: no agricultural accessory structure shall be
located nearer than 50 feet to the principal building. Other accessory
structures shall be separated as provided in Section 7.6."
SECTION FOUR. 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 FIVE. Any ordinance in conflict with the provisions of this
ordinance is hereby repealed.
SECTION SIX. This ordinance shall take effect immediately upon its due
adoption and publication as.required by law.
ADOPTED THIS - DAY OF
Ja es P. Nix, Mayor
ity
erk
-- - 1989.
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