HomeMy WebLinkAboutO-900ORDINANCE NO. 900
AN ORDINANCE AMENDING ORDINANCE NO 557, THE FAIRHOPE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. Ordinance Number 557, otherwise knows as the Fairhope Zoning Ordinance,
is hereby amended by repealing all of ARTICLE VI (Planned Unit
Development) thereof, except Section 6.7 (relating to Mobile Home
Developments) , and substituting therefor the following:
ARTICLE VI
SPECIAL ZONING PROVISION
PLANNED UNIT DEVELOPMENT
6.1 Planned Unit Developments
Planned Unit Developments. The purpose of the planned unit development is to encourage imaginative design to
create a more desirable environment than would be possible through the strict application of the minimum
requirements of the regular zoning districts. The purpose of the planned unit development regulations is to
encourage flexibility in design and development of land in order to promote its most appropriate use; to
facilitate the adequate and economical provision of streets, utilities, and public spaces; and to preserve the
natural and scenic qualities of open areas. The objective of a planned unit development is to encourage
ingenuity, imagination, and design efforts on the part of builders, architects, site planners and developers; to
produce developments which are in keeping with overall land use intensity and open space objectives of this
section, while departing from the strict application of use, setback and minimum lot size requirements of the
regular zoning districts. While planned unit developments may depart from the strict application of
requirements of the regular zoning district in which the land is located, the development is to be compatible with
the comprehensive plan and, where appropriate, platted in conformity with the city's subdivision regulations.
The intent of the planned unit development is to permit such flexibility and provide performance criteria for
unified development which:
1. Permits a creative approach to land development.
2. Accomplishes a more desirable environment than would be possible through
the strict application of the requirements of the regular zoning district/s.
3. Provide for the efficient use of land, resulting in small networks of utilities
and streets and thereby lower development and maintenance costs.
4. Enhances the appearance of the area through preservation of natural features,
the provision of underground utilities and the provision of recreation areas
and open spaces in excess of existing zoning and subdivision requirements.
5. Provides an opportunity for new approaches to ownership.
6. Provides an environment of stable character compatible with surrounding
areas.
7. Retains property values over time.
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For the purposes of this section, a planned unit development shall mean the development of the land under
unified control which is planned and developed as a whole in a single or programmed series of operations with
uses and structures substantially related to the character of the entire developments. A planned unit development
shall include a program for the provision,maintenance and operation of all areas, improvements, facilities and
necessary for the common use of all occupants thereof. The City Council may require that the owners post a
bond or other form of financial guaranty of a form and in an amount acceptable to the Council to assure the
completion of all improvements to be dedicated to the public as shown upon the Plan as approved.
Permitted Uses and Site Requirements
Any use which is permitted or permitted on appeal in any zoning district, except M-1 or M-2, may be included
in a planned unit development.
6.12 Classes of Planned Unit Development
1. Fixed Building Development
A group of two or more fixed dwelling structures, together
with other permitted structures and uses , on a parcel of
land of not less than ten acres in singe ownership.
2. Mobile Home Development
A group of two or more mobile home dwelling units,
together with permitted accessory uses, on a parcel of land
of not less than five acres in single ownership.
6.2 General Regulations
The following general regulations shall apply to all planned unit developments:
6.21 Lands proposed for development under this article may be designated a Planned Unit
Development as a special zoning district as provided herein.
6.22 Project must conform to Comprehensive Plan.
6.23 The Plan must be consistent in all respects with purpose and intent of this Ordinance.
6.24 The Plan must advance the general welfare of the city and immediate vicinity.
6.25 The Plan may provide, through desirable arrangement and design, deviations from
development standards otherwise applicable under regular zoning district requirements.
6.26 If the Plan or any part thereof constitutes a subdivision, the land therein shall be
subject to the requirements of the City's subdivision regulations.
6.3 General Development Regulations
The following development regulations shall apply to all Planned Unit Developments:
6.31 Requirements of regular zoning districts shall not apply to planned unit developments
except as appropriate within the stated purpose and intent set out above in Section 6.1.
Provided that, should the Plan expire or otherwise cease to be in effect, all provisions
of the special zone for Planned Unit Development shall be null and void and the land
shall revert to the zoning district classification previously applicable; no use, building,
or structure shall thereafter be established upon said land except in strict conformity
with the regular zoning district.
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6.32 All land proposed in the project for residential use, including outdoor use of space,
off-street parking, and circulation ways, may be counted in complying with the density
requirements.
6.33 For any single family or any dwelling unit in a duplex, townhouse or condominium building,
there shall be a privately occupied area in addition to the area occupied by the dwelling unit.
That open space shall be private, for the use of the individual occupant only and shall be not
smaller than 600 square feet in area. Parking areas shall not be considered as private space
required herein. The Planning Commission may modify amount of or waive requirement for
private space.
6.34 All open space not for private occupancy as set out above shall be assigned to
the common use of all residents in the development, with use assured in
perpetuity. Assignment of such open space shall be as follows:
6.341 Access driveways
6.342 Landscaped areas, not less than ten percent of all common open space, may
include the following:
(1) Pedestrian access walkways
(2) Children's play areas
(3) General landscaped areas
(4) Swimming pools, organized sports areas
passive recreation
(5) Any other areas suitable for the common
use of the residents
6.343 Every residential structure shall be located within two hundred feet of a hard
surfaced access drive at least 20 feet in width or to
a parking lot connected to such a drive.
6.344 Privately maintained streets may be provided. Such private streets shall
conform to the requirements as set forth in the city's subdivision regulations
and shall provide easements for ingress and egress for utility and emergency
vehicles. Not more than thirty dwelling units may be located upon any street,
public or private, having a closed end. Area in private streets may be
counted as part of the net area in compliance with density limits but may not
be counted as part of landscape or recreational space.
6.4 Uses Permitted in Planned Unit Developments
6.41 Principal/Accessary Uses:
(1) All principal uses as provided in Section 6.11.
(2) Accessory uses as defined in the Ordinance, including but not limited to (a)
Home Occupations, (b) Off-street parking lots and/or garages, and (c) Stores
and services of the "local family shopping" or "convenience" nature provided
primarily for the use of residents within the development, limited as further
provided herein.
6.42 Limitations on Commercial Uses:
It is the express intent of this article that commercial uses be permitted only
where they primarily serve residents within the planned unit development.
To that end, no more than five percent of the total project land area shall be
covered by commercial uses where the proposed development is one unit with
no phased construction. Where phased development is proposed, commercial
uses shall only be approved with due regard to primary service to residents.
To that end, the city may deny issuance of building permits for commercial
uses until the residential or other uses proposed to support said commercial
uses are at least fifty percent complete.
If it reasonably appears that abandonment or discontinuance of the project
before completion of all phases would or might result in commercial uses
primarily devoted to serving the public at large, the Planning Commission
and the City Council shall have the authority to deny approval. As a
condition for approval of commercial uses in phased development, the City
Council may authorize an agreement between the city and the landowner
jointly with the developer whereby the owner, for himself and his heirs and
successors in title agrees to discontinue approved commercial uses in the
event that the project is incomplete, due to abandonment, discontinuance or
any other reason. Provided further, that such owner shall agree to such
document being filed i n the public records of Baldwin County, Alabama, and
such shall run with the land. Provided, however, that the reversion of lands
involved to the previous zoning district as provided herein shall in no way be
affected by the existence or non-existence of such agreement.
Other categories of commercial use shall not be approved within planned unit
developments except upon specific finding that such is in conformity with the
city's comprehensive plan. Where such finding may be made and such use
permitted, it shall be limited in the same manner as set forth hereinabove.
6.5 Other Requirements
6.51 Location Requirements:
Each Planned Unit Development shall comply with the following:
(1) Development shall be free of objectionable characteristics, such as poor
drainage, air pollution, undue noise, unsightliness and similar problems, to
the same extent as otherwise required by this Ordinance.
(2) Shall be so located as to assure a maximum of compatibility with other types
of development.
6.52 Open Space, Site Size and Density:
Around every residential building there shall be a minimum open space, unobstructed by any
other building; there shall be a minimum site size for projects; and there shall be a maximum
density. The following shall apply:
(1) Minimum site size shall be ten acres for fixed unit development or five acres
for mobile home development.
(2) Maximum density shall be fourteen units per acre for residential uses.
(3) Setback at property line, development perimeter shall be 40 feet.
(4) Minimum usable open space shall exclude all drives,
walkways and parking areas but shall include all other
common open space. Such minimum usable open space
shall be not less than twenty-five percent of total project
area.
(5) Minimum open space around residential buildings shall be fifteen
feet, provided that a greater open space may be required upon
determination of the Planning Commission that such is required to
maintain the spirit and harmony of the Zoning Ordinance.
6.6 Special Requirements for Fixed Developments
6.61 Coverage:
In absence of waiver by the city, the total area covered by residential buildings shall not
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exceed thirty-five percent of the land devoted to residential use within the project.
6.62 Height:
Except as waiver is provided for elsewhere in the Ordinance, building heights shall not exceed
two stories or thirty feet.
6.63 Number of Townhouse or Condominium Units:
There shall be permitted no less than four nor more than twelve dwelling units in any
townhouse or condominium structure.
6.64 Dimensions of Open Space:
Minimum yard, lot size, type of dwelling unit, height, frontage requirements and use
restrictions may be waived, provided that the spirit and intent of this article is complied with in
the Plan. The city, however, may establish minimums for a particular Plan when in its
judgement such is required to preserve the purpose and intent of the Ordinance.
6.65 Application for Special Zoning for Planned Unit Development:
Public Notice and Procedure: An application for approval of a Planned Unit Development as
a Special Zone shall follow in general the requirements for any regular zoning change
application. A public hearing shall be held by both the Planning Commission and the City
Council. Notice to the public at large and to persons within the zone of influence within the
City of Fairhope shall be given in strict compliance with the requirements of Sections 11-52-77
through 11-52-79, Code of Alabama, 1975, as amended.
(6.7, relating to Mobile Home Developments remains as written.)
6.8 Special Procedure for all Planned Unit Developments
6.81 The developer may schedule an initial meeting with the Planning Commission if he wishes an
informal review.
6.82 Developer shall then present to the Commission a sketch plan of the proposed project in
sufficient detail to enable the Commission and the planning staff to readily determine whether
the plan proposed generally meets the minimum requirements for a Planned Unit Development.
6.83 If the development, or any part thereof, involves the subdivision of land, developer shall
present a sketch plan showing how compliance with the Subdivision Regulations is to be
achieved.
6.84 Applications for initial review together with required submittal shall be presented to the
planning staff, who shall review and ascertain that the plan generally conforms to the
requirements herein.
Submittal shall include the following:
(1) A letter of transmittal from the developer and endorsed by the land owner
officially submitting the plan for consideration.
(2) Ten copies of a scaled general site development plan for the
entire project, including the following:
Boundary lines, including courses and distances for land
involved; locations and names of all public streets abutting
or traversing the site; existing utilities and drainage;
preliminary locations and densities of proposed uses; names
of any subdivisions comprising all or part of the site; and
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identification of existing easements, water courses, lakes or
other significant natural features on the site.
6.841 In the review of the informal sketch plan, the following, at the minimum,
shall be considered:
(1)
Present uses and character within the area
(2)
The road and street system, existing and proposed.
(3)
Public and private open areas, parks and trails.
(4)
Location of trees on site - designate those to be removed and any
new plantings.
(5)
Public utilities and services, including but not limited to,
underground electrical service, water, sewer, drainage, fire
protection, garbage and school facilities, as applicable.
(6)
Type and number of structures to be built and relative densities.
(7)
Proposed uses to be developed.
6.85 RESERVED
6,86 The Preliminary Plan:
The developer, following optional sketch plan review, may elect to submit a Preliminary Plan
to the staff for Commission review and approval. However, developer should take note that
since Preliminary Plan Approval constitutes "license to construct" for streets, drives and other
facilities other than buildings or structures, most, if not all, of the elements of the final plan
will be required for Preliminary Approval.
This stage of review is subject to all public notice requirements and constitutes a continuing
public hearing process.
Submittal to staff shall include both maps and a written statement. All submittal shall be in
sufficient detail to readily demonstrate compliance with the minimum requirements herein. If
the submittal or any part thereof are deemed inadequate for that purpose, staff shall return
same to applicant for revision before placing item on agenda or advertising any hearing date.
6.861 Minimum content of Maps:
Maps submitted for preliminary approval shall contain at least the following
information:
(1) Boundary Survey with legal description, courses and distances drawn
to scale with a vicinity map.
(2) Topography of site, including existing ground contours, utilities,
drainage and easements.
(3) Proposed land uses and the location of any existing buildings and the
proposed buildings and structures and any existing structures adjacent
to site including the existing zoning.
(4) Character and density of proposed buildings.
(5) Schematic of required underground electric service.
(6) Dimensions and locations of proposed open space and private open
space and the relationship of same.
(7) Dimensions and locations of existing and proposed streets,
walkways, rights -of -way, parking areas, landscaping, recreational
areas and other uses or structures.
(8) Public uses, including schools, parks, and playgrounds, etc.
(9) Number of parking spaces required and provided.
(10) Amount of impervious surface proposed
(11) Drainage map with calculations included.
(12) Development phasing, if proposed.
6.862 Minimum content of Written Statement:
The Written Statement for the development shall include, at the minimum, the
following:
(1) A description of the character of the proposed development and the
manner in which it has been designed to take advantage of the
planned unit concept.
(2) A description of proposed sewerage.
(3) A description of the water supply and stormwater drainage facilities
to serve the proposed development.
(4) The manner of financing the proposed development.
(5) A statement of the present ownership of lands involved in the
project.
(6) A description of the method proposed to maintain private and
common open areas.
(7) A statement of the schedule of development in its entirety and a
description of phasing if phased development is proposed.
(8) Owing to the special zoning of a Planned Unit Development, the
preliminary plan shall not be granted approval to construct until the
City Council has held a public hearing and approved the special
zone.
(9) When, in the Council's opinion, the plan submitted substantially
conforms to requirements, Council may approve such plan subject to
minor modifications.
(10) Any construction of facilities undertaken on license of preliminary
plan approval is entirely at developers risk. If the Final Plan has not
been approved and recorded within one year of the date of
preliminary approval, the preliminary plan approval shall expire, and
the plan for such development shall thereafter be null, void and of no
consequence and the Zoning District otherwise applicable to the land
shall prevail. Provided, however, that on recommendation of the
Planning Commission and a finding of good cause, the City Council
may extend the preliminary plan for a period of not more than six
months, after which such approval will permanently expire as
otherwise provided herein.
6.87 The Final Plan:
The Final Plan provides a specific and final refinement of the preliminary plan and is the plan
under which continued construction of facilities and all construction of buildings or structures
will occur. It is the plan which shall ultimately define the Planned Unit Development and the
special zone enabling such development. Any subdivision of land involved shall be considered
by the Planning Commission for final plat approval and such plat, when approved, shall be
filed for record as a part of the Planned Unit Development.
In addition to items required for preliminary plan approval, the Final Plan shall include, at a
minimum, the following:
(1) Street locations and nature of improvement.
(2) Lot design and delineation.
(3) Final landscaping and parking plan.
(4) Stormwater drainage system.
(5) Final Utilities plan.
(6) Peripheral setbacks on site.
(7) All final calculations for drainage, densities, open spaces, private spaces, and
parking provisions, together with relationships thereof to site.
(8) All areas to be dedicated or reserved to the public.
(9) A plot plan for each building site, except single family dwellings, and the
delineation of common open space and privately occupied spaces required
therefor, showing relative locations, dimensions and areas of open spaces
(both common and private) and all buildings, structures or other
improvements thereon.
(10) Elevation and perspective drawings of all typical proposed structures and
improvements, except single-family.
(11) Beginning and completion dates for construction of the project and, if phased
construction is proposed, for the phases thereof and a delineation of the work
within each phase.
(12) Agreements, provisions, declarations or covenants which govern the use,
protection and maintenance of the Planned Unit Development and its common
open areas.
(13) When requested by the Commission, traffic circulation diagrams and off-
street parking and on/off loading plans.
6.871 The Final Plan Agreement:
The Final Plan shall be accompanied by a written agreement, the form and legality of
which shall be approved by the City Attorney, on behalf of the Owner, his successors
and assigns, as follows:
(1) A definite Date of Project Completion at or before which time the
Planned Unit Development shall be complete in every detail and in
full compliance with the recorded Final Plan.
(2) Such documents as will assure that all non -dedicated improvements
intended for the use of residents and open space, parking and
landscaping, as well as recreational equipment and facilities shall be
serviced and maintained in perpetuity,
(3) That no future changes in the development shall be made which
would encroach upon the land used to comply with the requirements
herein in any manner.
(4) That all easements for private drives, utilities, drainage or other
purposes shall be kept perpetually open for any public purpose.
(5) That no building permits for buildings or structures requiring
frontage upon a public street shall issue until all streets and utilities
dedicated to the public are complete in place and the City Council
has, by resolution, accepted such streets and utilities for
maintenance.
(6) That the Final Plan shall be valid from the date of approval by the
City Council until the Date of Project Completion herein specified;
provided, however, that in the event the work is not pursued in a
reasonably expedient manner or that the project is abandoned for a
period of ninety or more calendar days, the city may suspend the
Final Plan for a length of time to afford the Owner an opportunity to
show cause why the Final Plan Approval should not be revoked and
all work thereon stopped; provided that the City Council may, on
showing of good cause by Owner, agree to an extension of the Date
for Project Completion of not more than six calendar months.
6.872 Approval of the Final Plan:
The following shall be considered in the approval of the Final Plan:
(1) Comparison shall be made between the preliminary plan submitted, if
any, and the Final Plan proposed. The City Council may place such
conditions upon the approval which, in its judgment, will assure
compliance with the requirements herein.
(2) Final Plan shall be subject to suspension, revocation or expiration as
elsewhere provided herein.
(3) In its review of the proposed Final Plan, the City Council may
consider whether the Plan is in harmony with the comprehensive
plan and the character of the neighborhood and will provide an
overall density and standard of open space as required herein.
(4) Phased development shall be approved only on condition that
construction therein be performed substantially as shown on the Final
Plan, viewed in its entirety.
(5) The Planning Commission shall forward its report of review to the
City Council prior to Council action on Final Plan. However, the
Planning Commission and the City Council may elect to hold a
public hearing of the two bodies jointly in the interest of time and
expediency.
(6) The City Council may require the developer to provide the city with
a financial quaranty that all improvements to be dedicated shall be
constructed according to the Final Plan. Such guaranty shall be in a
form and amount approved by the Council on review by the City
Attorney. The amount required shall, in the Council's judgment, be
sufficient to protect the city's interest. The requirements of Chapter
19 of the Fairhope Code of Ordinances shall apply to the Final Plan
as appropriate.
(7) Upon final approval of the Final Plan, and after all conditions have
been met, the Mayor shall affix his signature to the Certificate of
Final Approval and the Final Plat shall then be filed in the public
records of the County. A permanent reproducible facsimile of the
Approved Plan, as recorded, shall be filed with the Office of the
City Clerk.
(8) The City Council shall require substantial conformance to the Plan.
Variation solely to facilitate minor adjustments as the project
approaches final completion may be permitted so long as there is no
attempt to use such adjustments as a significant departure from the
Plan as approved.
6.873 Site Improvements:
The developer, at his option, may place street improvements, sidewalks,
utilities and other permanent site improvements after approval of the
Preliminary Plan. However, the placement of such improvements is at the
Owner's risk and shall in no way imply any compulsion for the city to
approve the Final Plan or to issue permits for construction of buildings or
structures absent an approved Final Plan. Neither shall the City Council be
obliged to accept for public maintenance any such improvements so placed by
developer.
6.874 Public Record:
The recorded Final Plan shall be the permanent public record and shall
contain upon its face a reference to recording data for any subdivision plat
filed as a part of the Planned Unit Development. Where a subdivision plat is
filed and is part of a Planned Unit Development, there shall be a prominent
notation upon the face of such giving notice to prospective buyers and owners
that the within platted lands are a part of a Planned Unit Development and
reference shall be made therein to any instruments filed in connection with
said Planned Unit Development.
6.875 Issuance of Building Permits:
No building permits shall issue until the Final Plat has been recorded with a
copy furnished the Office of the Building Official and all improvements
dedicated to the public have been inspected, found in compliance and the City
Council has, by resolution, accepted such improvements for maintenance.
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Building permits may issue for buildings and site improvements only after the
posting of the financial guaranty required by the Council, or by Chapter 19
of the Fairhope Code of Ordinances, as applicable.
SECTION 2. This Ordinance shall take effect upon its due adoption and publication as required by law.
ADOPTED THIS DAY OF 1992.
Attest
L
Evelyn P. Phillips, City Clerk
Mayor
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