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HomeMy WebLinkAboutO-995ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 557, THE FAIRHOPE ZONING ORDINANCE, PURSUANT TO AUTHORITY GRANTED BY SECTION 11-52-78, CODE OF ALABAMA, 1975, AS AMENDED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. Those certain sections of the Fairhope Zoning Ordinance, Ordinance No. 557, be and the same hereby are amended to read as follows: Section 4.415 Discontinuance: A non -conforming use which became such after the adoption of this ordinance and which has been discontinued for a continuous period of one (1) year shall not be re- established and any future use shall be in conformity with the provisions of this ordinance. Provided, however, that where a building has occupied one or more lots of record and such building is removed, the use of such lots of record as individual building lots for single-family use shall not be affected by this section so long as all other requirements of this ordinance are met. Section 4.420 RESERVED. Section 5.11 Uses Permitted: Home Occupations when properly licensed as provided in Section 7.64; accessory structures; public buildings and facilities including schools and libraries; agriculture, field crops, gardens or orchards. Section 5.12 Uses Permitted on Appeal: Semi-public utilities, general hospitals for humans; semi-public buildings and uses including private schools and churches; convalescent or nursing homes and extended care facilities; home day care uses % providing care for not more than six children, subject to all federal, state and local requirements; uses of a recreational nature including clubs, country clubs, golf, swimming or tennis clubs, privately owned clubs or associations, parks and playgrounds;. Section 5.13 Uses Prohibited: Any use involving business or commercial activity, the rummage sales of new or used articles, commonly referred to as "yard sales", "garage sales" and like terms, except as otherwise provided herein. Other uses not specifically permitted or for which special exception uses have not been granted are hereby specifically prohibited. Provided, however, that the following shall be permitted: Yard and Garage Sales on a specific lot within the city for not more than two consecutive days not more frequently than once each calendar quarter by the holder of a permit issued gratis by the City. 557rev.196 f- s Temporary use of a residential structure in a new subdivision of record containing 50 or more lots as a model home and sales office which conforms to the requirements of Section 4.16 herein. Section 5.14 Requirements for Lot Width, Coverage and Other Factors: See: Individual District Requirements Accessory Structure Requirements Patio Garden Homes and Townhouses Section 5.141 Except as otherwise provided herein, all lots shall have a street side yard of not less than twenty (20) feet and a driveway side yard of not less than 15 feet, as applicable. Section 5.142 RESERVED Section 5.2 RESERVED Section 5.3 RESERVED Section 70.3 Control Curb Cuts, Vision Clearance, Driveway Setback Section 70.33 All driveways shall be set back a minimum distance of three (3) feet from the side lot line. Any provision herein in conflict herewith is hereby repealed to the extent of the conflict. Section 70.12 RESERVED Section 8.14 Rules of Procedure: The Planning Commission shall establish by-laws under which to operate as provided by law. Section 8.321 RESERVED Section 8.322 RESERVED Section 8.323 RESERVED Section 8.324 RESERVED Section 8.34 It shall be unlawful for the owner, after he has obtained approval of design plans, to change or substantially modify plans, either during construction or after completion, without specific written approval of the building inspector. Section 8.35 Certificate of Zoning Compliance: No land, building or other structure or part thereof hereafter erected, moved or altered in its use shall be used until the building inspector of the municipality shall have issued a Certificate of Occupancy and the Zoning Officer shall have issued a Certificate of Zoning Compliance stating that such land, structure or part thereof is found to be in 557rev.196 NL rd conformity with the provision of this ordinance. The Zoning Officer shall, within a reasonable time after having received a request, perform a final inspection and either issue a Certificate of Zoning Compliance or a denial of same in writing, stating the reasons for such denial. Any person or firm who occupies or causes to be occupied any premises without the required Certificate of Occupancy and/or Certificate of Zoning Compliance shall be subject to citation for violation of this Ordinance and shall be subject to the remedies and/or penalties provided herein. Section 8.62 The Planning Commission shall conduct a public hearing as required by law and shall thereafter submit its report to the City Council as required by law. Section 8.63 The City Council shall conduct its public hearing at the next regularly scheduled meeting following receipt of planning commissions report and completion of advertising required by law and shall thereafter consider introduction of the amending ordinance as provided by law. Section 8.66 The applicant for a zoning amendment shall bear the cost of all notification of property owners required herein, and the cost of all legal advertisements required by law. The applicant shall pay all prescribed filing fees. Advertising requirements shall not be deemed to have been met until the applicant submits to the City Clerk affidavit/s of publication from the newspaper in which advertisements were run. Section 2. Separability and Validity. Each phrase, sentence, paragraph, section or other provision of this ordinance is severable from all other such phrases, sentences, paragraphs, sections and provisions. Should any phrase, sentence, paragraph, section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other portion or provision of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force from and after the date of its adoption and publication as required by law. � U Adopted this the day of V)Ioa1996. N 1 ATTEST: O� V• ame - P. Nix, Mayor w p0 1 Z = O < o Evelyn P. Phillips, City erk 557rev.196