HomeMy WebLinkAboutO-1025ORDINANCE NUMBER 1025
AN ORDINANCE AMENDING ORDINANCE 557, THE FAIRHOPE ZONING
ORDINANCE, PURSUANT TO AUTHORITY GRANTED IN SECTION
11-52-70, 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 Ordinance Number 557
enumerated below be and the same hereby are
amended to read as follows:
2.2.004 Alteration, Altered: Any change in the supporting
members of a building (such as bearing walls, beams,
columns and girders), except such change as may be
required for its safety; any addition to a building;
any changes in use resulting in moving a building from
one lot to another or to a different zoning district.
2.2.032 Boarding House, Rooming House, Lodging House,
Bed and Breakfast, or Dormitory: A building or part
thereof, other than a hotel, motel or restaurant,
where lodging and/or meals are provided for
compensation and where no cooking or dining
facilities are provided in individual rooms.
2.2.034 Building, Accessory: (see 2.2.001)
2.2.035 Building, Alterations of: (See 2.2.004)
2.2.037 Building Official: The building official of the
City who is herein appointed as the zoning officer
and is charged with enforcement of this ordinance.
2.2.040 Balcony - An extension of a building or building
unit at any floor level and having no walls or
roof; railings may be provided; becomes a Porch
with the addition of a roof.
2.2.122 Encroachment: The extension or protrusion of a
building or structure across property or leasehold
lines onto the property of another.
2.2.123 Expansion, Building: The addition of enclosed or
non -enclosed rooms or storage spaces, or porches to
a building existing upon a parcel of land.
2.2.124 Expansion, Use: The extension of an existing use
to another part of an altered building, to another
ubuilding constructed, or to another lot or parcel
N of land.
� w v 2.2.242 Intrusion: The extension or protrusion of a
Lbuilding or structure across setback lines or easement
lines in violation of code/ordinance requirements.
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2.2.458 Patio: An open structure, usually of brick, stone
or concrete, attached to a building or building
unit at or below floor level, having no roof and
no walls other than those of the building to which
it is attached; becomes a porch when a roof is
added.
2.2.517 Redevelopment: An alteration of a site in any of
the following ways: Removal or demolition of the
principal structure; removal or repair of more
than fifty percent of the impervious surface of
the site; any change in tenancy or occupancy which
results in a requirement for increased parking
area, whether or not in the CBD; any alteration of
the building/s on the site which results in an
increase in parking requirement.
2.2.555 Story: That part of a building lying between floor
and ceiling. For purposes herein, a story does
not include attic space entirely under a hip,
gable or gambrel roof, whether or not such space
is occupied.
2.2.720 c. Yard, Interior Side: An open space on the same
lot with the building, which is parallel to the
side lot line and which extends from the front
setback to the rear setback.
2.2.720 d. Yard, Street Side: An open space on the same
lot with the building, which is parallel to the
street abutting the lot line of greatest
dimension and which extends from front setback
to rear setback.
2.2.720 e. Yard, Minimum Exterior: That space remaining
between the minimum required setback line and
the property line for a particular front, rear,
interior side or street side yard.
3.61 RESERVED
3.62 Identification of Official Zoning Map: That map
having been prepared by the zoning officer or his
designee under the direction of the Mayor, which
shows the various zoning districts fixed by City
ordinances and filed at city hall for convenience
of reference. In the event of conflict between the
map and ordinances, it is the legal description from
a particular zoning ordinance which shall prevail.
3.63 Map Amendment: When changes are made in district
boundaries, it is the intent of this ordinance that
such changes shall be shown on the zoning map and
that such map shall be maintained on the record for
convenience of reference.
4.15 Residential Uses in Business Districts: Residential
uses in combination with business uses on the same
premises are allowed. However, where independent
residential uses are proposed a change in zoning
district appropriate to the use proposed must be
made before a permit for construction is issued
in order that residential properties cannot be
converted to or include commercial activity, except
in the Central Business District.
4.21 e. The final determination of a district boundary
shall be made according to the legal description
contained in the adopted ordinance. If such
description is incomplete, the city council
shall determine the legislative intent and may,
if necessary, adopt an amending ordinance to
correct the district boundary, without recourse
to amendment procedure.
4.411 Building Alterations: Any change in a non -conforming
building is subject to the following: No non-
conforming building may be altered in height or
expanded unless all yard and height requirements
are met. Provided, however, that lawfully existing
non -conforming yards may be maintained but shall not
be reduced below the non -conforming width.
4.412 Extension of Use: A non -conforming use of land shall
be restricted to the lot and building occupied by
such use as of the effective date of this ordinance
and shall not thereafter be extended to any other
building or lot or part of a lot.
4.413 Restoration of Damaged Buildings: A non -conforming
building or structure which is damaged or destroyed
may be restored within not more than one year from
the date of such event, after which time the
formerly existing structure shall be deemed a non-
conformity lost for discontinuance. The burden of
proof of date of damage or destruction shall be on
the person proposing the restoration.
4.421 RESERVED
4.4221 On double frontage lots where access is available
on both streets, the required setback shall be the
front yard requirement for the district, for each
street.
4.4224 Front and Side Yard Setbacks:
a. The front setbacks (and, on corner lots, the
street side setback) shall not apply to any lot
where the average setbacks in the same block and
within 200 feet of the subject lot is less than
the minimum setback required for the district.
In such cases, the proposed building may be
aligned with the building/s existing on either
side thereof.
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b. On corner lots, the street side yard shall be
that part of the lot having its greatest
frontage abutting that street and the required
setback shall be 20 feet, unless otherwise
provided herein.
4.53 Parking Lot/Open Area Lighting: Parking lots with
50 or fewer spaces and open areas requiring lighting
for general purposes shall have light poles that do
not exceed 20 feet overall height. Parking lots
having more than 50 spaces shall have light poles
that do not exceed 40 feet overall height.
Luminaries of a sharp cut off design to shield light
source above 72 degrees from vertical and providing
1.0 average maintained footcandles with the
following uniformity ratios: 3:1 average/minimum
(.33 FC minimum), 12:1 maximum/minimum *(4.0 FC
maximum) are required in all cases. Public
facilities such as lighted ball fields are excluded.
A photometric grid shall be furnished by developer
at time of building permit application.
*maximum or minimum footcandle level at any point
lighted area
4.6 Surface Drainage Provisions: Owners in the process of
development shall take such steps as are necessary to
to prevent run-off which may have the potential for
causing flood or erosion damage to abutting property.
The building/zoning officer may require the applicant
for a building permit to provide engineering design
adequate to assure that reasonable provisions for
management of runoff and erosion are made such that
the volume and rate of discharge shall not be greater
after development than before. Design storm
frequency shall be in conformity with good
engineering practice and shall be so certified by
the engineer.
5.042 Maximum Building Height: No agricultural building
shall exceed a height of 35 feet or two stories.
Other types of accessory structures shall be
subject to height limits set out in 7.6153
5.141c Building Height Exception: Churches may have a
maximum height of 50 feet for the sanctuary,
inclusive of steeple, measured from grade at
front of building to bottom of spire. Height
exclusive of steeple shall be no greater than
that permitted elsewhere in the zoning district.
5.3a 2.2 a. Minimum Lot Area and
be a minimum of 65 feet
setback line and shall
7800 square feet.
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Width: Each lot shall
wide at the building
contain not less than
5.411 Uses Permitted: Neighborhood retail stores and
services, including the following: food/general
merchandise; apparel; furniture; household/
hardware; radio/television; drugs/sundries;
jewelry/gifts; florists; sporting goods; pet
shops; dry cleaning/pick up; barber shops; beauty
shops; shoe repair; offices; banks; post offices;
theaters; and similar stores and services.
Residential uses may co -exist with business uses
on the same premises or in the C.B.D.
5.413 Uses Prohibited: Major automobile repairs, manu-
facturing, uses prohibited in B-2, B3a, B3b or B-4
Districts, and independent residential development.
Residential uses may co -exist with business uses on
the same premises or in the C.B.D.
5.441 Uses Permitted: Any use permitted in R-3, R-4 and
B-4 Districts. Stores and services for resort
trade such as: Sporting goods and outing supply
stores; hobby shops; curios, gift and jewelry
stores; food shops, delicatessens and restaurants;
sale, repair, renting and storing of boats and
related equipment, and similar type businesses.
5.442 Uses Permitted on Appeal: Commercial boat launching
and docks; amusement, sport, cultural or
recreational activity, including auditorium or
exhibition hall, bowling alley, museum or indoor
theater; any use not otherwise prohibited which
the Board of Adjustments and Appeals finds to be a
proper special exception use for the particular
neighborhood.
5.443 Uses Prohibited: All uses permitted in B-1, B-2,
B3a and R-5 which conflict with the intent of this
district; all M-1 uses.
6.871 (6) That the final plans shall be valid from the
date of its approval until the date of project
completion therein specified; provided, however
that in the event that work is not pursued in a
reasonably expedient manner or that the project
is abandoned for a period of ninety (90) days or
more, the City may suspend the final plan for a
length of time to afford the owner opportunity
to show cause why the final plan approval should
not be revoked and all work thereunder stopped;
provided, further, that the Commission may, on
showing of good cause by the owner, agree to an
extension of date for project completion of not
more than six calendar months.
6.872 (5) The Planning Commission shall forward to the
City Council a report of Commission's review
and approval of the final plan after completion
of the public hearing thereon.
A
(6) Developer shall provide to the City a financial
guaranty that all improvements to be dedicated
shall be installed according to the final plan.
Such guaranty shall be in a form and amount
acceptable to the City Council on review by the
City Attorney. The amount required shall, in
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.
(8) The planning commission shall require sub-
stantial 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.
7.21 Definitions: Terms given special meaning within the
context of this ordinance are defined as
provided in Article II hereof.
70.111 The term "off-street parking space" shall mean a
space not less than ten feet in width and 20 feet
in length, 200 square feet in area, excluding the
additional area required for ingress, egress and
maneuverability, so arranged that no vehicle parked
therein shall be required to back into the street.
70.112 The required number of parking spaces for any
number of separate uses may be combined in one lot.
A portion of the spaces required for an existing
church whose peak attendance is at night or on
Sundays may be all or a part of those assigned to
a use which is closed at night and/or on Sundays.
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, except one and two family residences.
70.148 Screening of Storm Water Detention Areas: Storm
water detention areas are hereby declared to be
incompatible uses and shall be screened from direct
view from all abutting properties by installation
and maintenance of living plants not less than 36
inches in height at time of planting, to achieve a
height of not less than six feet in three years
after planting. Outer slopes of detention ponds
shall not be steeper than four feet horizontal to
one foot vertical. Where water depth and time of
detention is sufficient to require safety fencing,
such fencing shall be installed behind required
screening, on the pond side.
8.51 A completed appeal form must be filed with the
Zoning Officer from whom the appeal is taken and
with the Board at least three (3) calendar weeks
prior to the regular meeting of the Board. The
appeal form must include all pertinent data and
must include a detailed explanation of the grounds
on which the appeal is being made. The appellant
must submit therewith a list of the names and
addresses of all persons owning property within
300 feet of the property which is the subject of
the appeal. Accuracy and completeness of this
list shall be the appellant's responsibility.
8.52 An appeal shall be accompanied by an acceptable site
plan with such information shown thereon as may
reasonably required by the zoning officer. Such site
plan shall include, as a minimum, the following:
lot dimensions with property lines and monuments
shown thereon; location and size of existing and
proposed structures; yard dimensions and the use of
structures; easements (public and private); water
course/s; and, if existing or proposed, fences,
street names and rights -of -way and such other
information regarding abutting property as may
directly affect the appeal.
Board's rules of procedure require that the
appellant shall furnish to the Board's executive
secretary the names and addresses of all persons
owning property within 300 feet of the property which
is the subject of appeal. Names and addresses shall
be obtained from the most current records of the
county revenue officer and the accuracy of the list
shall be the appellant's responsibility. If lease-
hold property is involved, both the owner of the
land and the owner of the improvement must be
notified.
8.53 The Board shall hear the appeal at the next regularly
scheduled meeting following completion of required
legal notice to the public. Public notice of the
hearing shall be given by all of the following means:
(1) A printed notice in a newspaper designated as the
local organ of publication for the county, which
notice must appear in print not less than fifteen
(15) days prior to hearing date and (2) notice by
mail to all owners of property within 300 feet of the
property which is the subject of appeal.
8.55 An appeal stays all proceedings in furtherance of the
action appealed from unless the zoning officer
certifies to the Board after filing of notice of
appeal with him that, by reasons of fact stated in
such certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case,
proceedings shall not be stayed except by a
restraining order issued by the Board or by a court
of competent jurisdiction, served on the officer from
whom appeal is taken and on due cause shown. Where
the appeal fails, whether for lack of required four
concurring votes or by reason of a Board's final
decision for the appellee, the stay shall be thereby
lifted. An appeal of Board's final decision to the
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circuit court for trial de novo shall not stay the
work except upon the order of such court.
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/s
of zoning as well as zoning of adjacent lands. The
applicant must furnish a location map suitable for
reproduction with legal notice sufficient to identity
where the zoning change is proposed.
The applicant shall also furnish the city the names
and addresses of the owners of all property within
300 feet of the property to be rezoned. Names and
addresses shall be from the latest records of the
county revenue office and accuracy and adequacy of
the list is applicant's responsibility. If rezoning
is contemplated for leasehold property, both the
owner of the land and the owner of leasehold
improvements must sign the application. Where lands
within 300 feet involve leasehold property, the names
and addresses of land owners and owners of leasehold
improvements shall be provided to the city.
Applications shall be received and reviewed by staff.
Within 15 days of receipt, staff shall complete
review and, if in order, with consent of the Chairman
of the Commission, place the legal notice and notify
owners as provided by statute.
SECTION 2. The City Zoning Officer be and hereby is
empowered and directed to cause Ordinance 557
with the amendments herein to be re -codified as a complete
document and to direct the codifier to re -structure the
numbering therein to the same style as that of the
Fairhope Code of Ordinances.
SECTION 3. This amending ordinance shall not be included
in the Fairhope Code of Ordinances.
SECTION 4. This Ordinance shall take effect upon its due
adoption and publication as provided by law.
AnnDTRn TRTq TNF oru nAV nF DFrF.MRF.R 1 997 _
City Clerk
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EXPLANATION, PROPOSED ZONING ORD REV, 9/97
PAGE 101 Clarification
SEC. 2.2.0041
PAGE
102
} "Previously did not define BED & BREAKFAST
SEC
2.2.032
}
SEC
2.2.0341
HOUSEKEEPING
SEC
2.2.035
SEC
2.2.037
HOUSEKEEPING, TYPO
SEC
2.2.040
DEFINITION ADDED
SEC
2.2.061
REDEFINE CENTRAL BUSINESS DISTRICT
PAGE
105
SEC
2.2.122
RE -DEFINE TO STANDARD TERM
SEC
2.2.123
SEC
2.2.124
DISTINGUISH BETWEEN TERMS BUILDING & USE
PAGE
107
SEC
2.2.242
DISTINGUISH FROM "ENCROACHMENT" -
CLARIFICATION
PAGE
110
SEC
2.2.458
TO DISTINGUISH AN (open) PATIO FROM A
(covered) PORCH
SEC
2.2.517
TO MORE RESTRICTIVELY DEFINE THE TERM
REDEVELOPMENT
PAGE
115
SEC
2.2.555
TO DEFINE THE TERM STORY WITH REGARD TO
HEIGHT LIMITS
PAGE
116
SEC
2.2.720
CLARIFICATION
PAGE
227
SECTION IS REPEALED AND RESERVED - Reason:
SEC
3.61
former section arguably elevates the zoning
to
map (a tool) to a position supeVior to the
amending (a legislation
expression of intent), which may be
dangerous.
SEC
3.62
ESTABLISHES THE ZONING MAP AS A REFERENCE
TOOL, SUBSERVIENT TO THE AMENDING ORDNANCES
SEC 3.63 FURTHER CLARIFICATION
PAGE 329
SEC 4.15 TO PREVENT CONVERSION OF RESIDENTIAL USES
TO BUSINESS USES
PAGE 330
SEC 4.21e DETERMINATION OF DISTRICT BOUNDARIES IS A
PROPER FUNCTION OF THE CITY COUNCIL AND NOT
THE BOARD OF ADJUSTMENT
PAGE 331
SEC 4.411 CLARIFICATION
SEC 4.412 CLARIFICATION
SEC 4.413 CLARIFICATION
A:\zorrev.K97 edited 110697 10 for publication
PAGE 332
SEC 4.421 REPEALED - REDUNDANT
SEC 4.4221 CLARIFICATION
SEC 4.4224 CLARIFICATION, applies to all nonconformities
PAGE 333
SEC 4.53 ADDS STANDARDS FOR LIGHTING PARKING LOTS
SEC 4.6 HOUSEKEEPING, CLARIFICATION
PAGE 448
SEC 5.042 E. CLARIFICATION
PAGE 449
SEC 5.141c CLARIFICATION
PAGE 451
SEC 573e171-thru-5737a373 Revise section numbers to read
roperl i.e. 5.34.1.1 thVu 5.34.3.3
EC 5.3X.2.2a Increases size of R-3 lots in Single Family
PAGE 457
SEC 5.441- CLARIFICATION ON RESTRICTIVE USES
SEC 5.443 IN B3b
PAGE 577
SEC 6.871 (6) HOUSEKEEPING
SEC 6.872
(5) (6) (8) HOUSEKEEPING
PAGE 683
SEC 7.21 HOUSEKEEPING, definitions to proper section
PAGE 689
SEC 5.21
5.22 Patiq garden homes - slight increase in
5.27 density, requires rear access and parking
5.29
5.29a
PAGE 702
SEC 70.111 PROVIDES THAT NO VEHICLE SHALL BE REQUIRED TO
BACK INTO THE STREET
SEC 70.112 CLARIFICATION
PAGE 707
SEC 70.144 REMOVES EXISTING DEVELOPMENTS FROM EXEMPTION
OF LANDSCAPING REQUIREMENTS UNDER REDEVELOPMENT
PAGE 709
SEC 70.148 Provides for landscaping of abutting properties
and slopes which can be mowed
PAGE 828
SEC 8.51 HOUSEKEEPING CLARIFICATION
SEC 8.52 CLARIFICATION AND PROVIDES NOTICE TO OWNERS
SIMILAR TO 8.61, PAGE 830
PAGE 829
SEC 8.53 CLARIFICATION OF STATUTORY NOTICE REQUIRED
SEC 8.55 CLARIFICATION OF STAY ON APPEAL
PAGE 830
SEC 8.61 CLARIFICATION
ftemperarp-end-a€-rev4:94:entexplanatien>
A:\zorrev.K97 edited 110697 11 for publication