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Home My WebLink AboutO-1040C tL Y W `y L? U V U a w� a n- � `a� ZLL4 .o W 0 F-- 0 ORDINANCE NUMBER 1040 AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, WELFARE AND AESTHETIC BEAUTY OF THE PEOPLE OF FAIRHOPE, ALABAMA BY AMENDING ORDINANCE NUMBER 1037, THE FAIRHOPE TREE ORDINANCE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. Article IV, General Landscape Requirements, Paragraph 1 of Ordinance Number 1037 be and the same is hereby amended to read as follows: IV. General Landscape Requirements. The following requirements must be met before final plat approval or a certificate of occupancy will be issued to the property owner: 1. During development of a site, every effort must be made to protect and retain existing significant trees (see Section VII - Protection of Significant Trees). Retained trees shall be credited toward fulfillment of this ordinance (see below). If the Fairhope Tree Committee determines that alternatives to tree removal exist, the landscape plan may not be approved. Provided, further, that all lands within twenty (20) feet of the boundaries of U. S. Highway 98 and within twenty (20) feet of all boundaries of North Section Street and Alabama Highway 104, within the corporate limits of the City of Fairhope, in all zoning districts, are hereby required to be reserved by owners or developers of such lands as greenspace and tree protection zones, such lands being required to conform to all applicable provisions of this ordinance. Provided, however that the greenspace shall be: (a) Where no vegetation other than grass exists, new landscaping and plantings shall be installed within the 20 foot strip as approved by the tree committee; otherwise, the following shall apply: (b) For front facing structures, the reserved area may be: (1) Left in its natural state; (2) Natural growth partially maintained but enhanced with addition of ornamental plants and shrubs; (3) Natural growth removed and all new landscaping and plantings installed as approved by the tree committee. (c) For rear facing residential structures, the reserved area shall be maintained in as opaque a condition as possible; Section 2. 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 such part of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other such portion or provision of this ordinance. Section 3. Ordinance Number 1028 be and the same hereby is repealed in its entirety and shall not hereafter be included in the Fairhope Code of Ordinances. Section 4. This ordinance shall take effect upon its due adoption and publication as provided bylaw. ADOPTED THIS THE 26TH ATTES Gcniece W. Johnso , ity Clerk DAY OF QCTOBER 1998. P. Nix, Mayor `s� AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑The Baldwin Times, Bay Minette,AL ❑The Bulletin, Daphne,AL C fhe Fairhope Courier, Fairhope,AL ❑The Independent, Robertsdale,AL ❑The Onlooker, Foley,AL ❑The Islander, Gulf Shores,AL ❑ The Ledger, EI bertalLILLIAN,AI, a weekly newspaper published in Baldwin County,Alabama ❑ Weekend Edition (includes The Fairhope Courier,The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate /o - 3 1 �/-Y3 X • 16 TOTAL: $ 70. -of? L al Ad Representative TUDI SIMKINS BILL TO: Ljl1 Y 0,c A,4 /Rt�0p E ATTN: P.O./File Number FOR OFFICE USE ONLY Paid...................... Unpaid ....:........................ 1)Account No. l00 /6 Gulf Co 4ewspapers P.O. Box 509 Robertsdale,AL 36567 Phone (334) 947-7712 State of Alabama MY COM-MISSION EXPIRES MAY 22, 20Q2 County of Baldwin Sworn to and subscribed before me this day of 19 Notary Public, Baldwin County,A.!abama ORDINANCE NO.10400 t AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, WELFARE AND I AESTHETIC BEAUTY OF THE PEOPLE OF FAIRHOPE ALABAMA BY AMENDIN& ORDINANCE NUMBER 1037 THE FAIRHOPE TREE ORDINANCE - BE IT ORBA1NED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1, Article IV. Gen.. oral Landscape Require- ments, Paragraph 1 of Or- dinance Number 1037 be and the same Is hereby amended - to read as follows: IV. General Landscape Requirements. The following requirements must be mol before final plat approval or a certificate of occupancy will be Issued to the property. owner. 1. During development of a site every effort must be maJo to protect and retain talnod troes shall be credited toward fulfillment of this or- dinance (see below). If the Falrhopo Tree Committee determines that alternatives to tree removal exist, the I landscape plan may not be approved. Provided, further, that all lands within twenty (20) toot of the boundaries of U S. Highway 98 and within twenty (20) feet of all boun- o dories of North Section Street and Alabama Hlghwayy� 104, within the corporate I(- mits of the City of Falrhops, In all zoning districts, are', hereby required to be re- served by owners or do- velopere of such lands as groenspace and tree protec- flon zones, such lands being required to conform to all applicable.provisIons of this ardlnanco. Prbvided; -- however,acsshslthat the greens- .� ((aj Wh1ife nS v�ptatl6nl other than grass exlets, now land$% e plug and plantings I shall bInstalled within the 20 foot strip as approved by the tree committee; other- wise; the following shall ap- P%) For front facing struc- t tutus, the reserved area may be: (1) Left In its natural state' (2) Natural growth partially maintained but enhanced with addition of ornamental I plants and shrubs; (3) Natural growth re- moved and all now landscap- Ing and plantings as ak�aa proved by the tree commit- tee. Sc) For roar facing maiden- tla structures, the reserve area shall be maintained In as opaque a condition as pose •; Section 2. Each phrase, sentence, paragraph, sec- tion or other provision of this' ordinance Is severable from all other such phrases, sen- tences, paragraphs, sections and provisions. Should any such part of this ordinance be declared by the courts to be unconstitutional or Inva- lid, such declaration shall not affect any other such portion or provision of thisi ordinance. Section 3. Ordinance. Number 1028 be and the same hereby Is repealed Ins its entirety and shall notl hereafter be Included In the Falrhope Code of Ordlances. I Section 4. This ordinance shall take @Hoot upon Its due adoption and publication as provided by law. ADOPTED THIS THE 26TH ! day of OC'TOBER,199�10.31 I Gulf Coas ewspapers AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑The Baldwin Times, Bay Minette,AL ❑The Bulletin, Daphne,AL Callhe Fairhope Courier, Fairhope,AL ❑The Independent, Robertsdale,AL ❑The Onlooker, Foley.AL ❑The Islander, Gulf Shores,AL a weekly newspaper published in Baldwin County,Alabama ❑ Weekend Edition (includes The Fairhope Courier,The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x to 9-19 .S3 9 x W� ive _ .09 TOTAL $ Legal Ad Representative Kathy McGrew BILL TO: ATTN: P.OJFile Number FOR OFFICE USE ONLY Paid................... Unpaid .........�................... Account No. �� &6Z-(� P.O. Box 509 RObertsdale,AL 36567 Phone (334) 947-7712 State of Alabama My COMMISSION EXPIRES MAY 22, 2002 County of Baldwin Sworn to and subscribed before me this Z 2--- day of19 L� r _ Notary Public, Baldwin Count/,Alabama PU NOITICE OF 'served by owners or de - Notice Is here ygiven that the Falrhope Clty Council velopero of such (ands as c- ggroenspace end tree protec- Cn will hold a Public Hearin on i zones. No vegetation be the following proposed Or. within such zones shall dlnance amending Zoning Ordinance No. 557 on Mon- removed except upon a submission to and accep- deyy 12 October, 1998, at ._I lance by the City of a clear 5:30 P.M. Falrhope Municipal and concise plan demonstro- Complex Council Chamber; ling full compliance with 161 North Section Street; Falrhope,AL38532. other landscaping require- ments of Ordinance 557. I All Persons who desire it Provided, however, that shall have an opportunity to such fifty (50) foot zone may be heard In favor of, or In be reduced to twenty (20) Opposition to, this proposed fast upon a specific plan of Ordinance and are cordially development having been Invited to be present. approved by the Falrhope Attest: Planning Commission. Genlece W. Johnson No trees within such zones City Clerk shall be removed until It Is PROPOSED ORDINANCE demonstrated to the City's AN ORDINANCE TO PRO. satisfaction that such remo- VIDE FOR THE PUBLIC ( I val Is necessary because of I HEALTH, SAFETY WEL a potential hazard to pedes- FARE AND ASIHET16 I trians, property, or vehicular BEAUTY OF THE PEOPLE I traffic or that such tree Is so OF FAIRHOPE BY AMEND. weakened by arrgyye, storm, fire ING ORDINANCE NUMBER I 557, THE FAIRHOPE ZONING e� I loneother Ivfable. Eseas h tree ORDINANCE. removed for such reasons BE IT ORDAINED BY THE I shall be replaced by another CITY COUNCIL OF THE CITY tree not less than two (2)1n- OF FAIRHOPE, ALABAMA, ches In diameter and ten feet as follows: tall at planting. Replacement Section 1. Ordinance tross such as live oak or I Number 557 be and the same I flowering trees such as Is hereby amended by ad- dogwood or as otherwise ding the following sections approved by the City's direc- thereto, for of public works. 70.151 Special Greens. Provided, however, that j pace Reservations and Tree Protection Zones the foregoing shall not apply to those for I All lands within fifty (5o) feet of the boundaries U.S. areas necessary Ingress and egress of vehi- cular traffic to the promises of Higghway 98 and within fifty (bd) feet boundaries where a specific plan for such Ingress and egress In of all of (North Section Street and strict conformity with all Alabama Hlghway 104 withinthe I code and ordinance re- ulroments has boon sub - the at Falrholipmelt a of tmitted toad approved by hereby roqulred to be ro- tthe Clty. — -- Section 2. All other ordin- ances or parts thereof which are In conflict with the prov- talons herein ere hereby repealed to the extent of such conflict. Section 3. Each phrase, sentence, paragraph, sec. lion or other provision of this ordinance Is severable from I all other such phrases, sen- tences, paragraphs, sections and provisions. Should any 'such part of this ordinance be declared by the courts to i be unconstitutional or Inva- lid, such declaration shall not affect any other such portion or provision of this lordinance. t Section 4. This ordinance shall take effect upon Its due adoption and publ,callon as $rovided by law. ADOPTED THIS THE day of ,1998. r James P. Nix, Mayor I Attest: Genlece W. Johnson, City Clark t C-9-19 AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑The Baldwin Times, Bay Minette,AL ❑The Bulletin, Daphne,AL Bthe Fairhope Courier. Fairhope,AL ❑The Independent, Robertsdale,AL ❑The Onlooker, Foley,AL ❑The Islander, Gulf Shores,AL a weekly newspaper published in Baldwin County,Alabama ❑ Weekend Edition (includes The Fairhope Courier,The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate 9- 7, 4 S_3i )( - ZG TOTAL• $ l Legal Ad Representative Kathy McGrew BILL TO- I"Y ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid !' .......................... Account No. Gulf Coast ewspapers P.O. Box 509 Robertsdale,AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin My COMMISSION EXPIRES V'AY 22, 2002 Sworn to ands bscribed before me this Z day of 19 Notary Pu Ic, Baldwin County,Alabama SECOND NOTICE OF PUBLIC HEARING Notice Is hereby ?Ivan the Psecond time that the Fair - ,hope City Council will hold a Public Hearing on a pro- posed Ordinance amending Zoning Ordinance No. 557 on Monday,12 October 1998, at 5:30 p.m. Falrhope Municipal Complex Council Chamber; 161 North Section Street; Falrhope, AL 36532. All persons who desire shall have an opportunity to be heard In favor of, or In opposition to, this proposed Ordinance and are cordially Invited to be present. PROPOSED ORDINANCE AN ORDINANCE TO PRO- VIDE FOR THE PUBLIC ,HEALTH SAFETY WEL- FARE AND AEStHETIC BEAUTY OF THE PEOPLE OF FAIRHOPE, ALABAMA BY AMENDING ORDINANCE NUMBER 557, THE FAIR - HOPE ZONING ORDINANCE - BE IT ORDAINED BY TH9 CITY COUNCIL OF FAIR - HOPE, ALABAMA, as fol- lows: Section 1. Ordinance Number 557 be and the same Is hereby amended by ad- ding the following section thereto: 70.151 Special Grsans- pace Reservations and Tres Protectlon Zones: All lands within fifty fast of the boundaries OPT S. Highway 98 and within fl- or(50) fast of all boundaries of North Section Street and Alabama Highway 104 within the corporate limits of tha Chy of Falrhops are' hereby ulrsd to be re- served by tha owners or de- velopere of such lands as preenspace and tree protec- flon zones. No vegetation within such zones shall be removed except upon a submission to and accep- tance by the City of a clear and concise plan demonstra- ting full compliance with other landscaping require- ments of Ordinance 557. Provided, however, that such fifty (50) foot zone ma be reduced to twenty (20 fast upon a specific plan o development having been approved by the Falrhope Planning Commission. -no tress wnnm-such'zones shall be removed until it Is ,demonstrated to the City'*' satisfaction that such remo- val Is necessary.becauss of a potential hazard to pedes- trians, property or vehicular traffic or that such tree Is so weakened by age, storm, fire] or other Injury as to no longer by viable. Each tree removed for such reasona' shall be replaced by another tree not less that two (2) In ches In diameter and ten feet, ,all at planting. Replacement tress shall be shade tress' such as live oak or flowering� tress such as dogwood or as otherwise approved by the City's director of publicl works. Provided, however, that the foregoing shall not apply] to those areas necessary for Ingress and egress of vehi- cuar traffic to the promises: where a specific plan for, such Ingress and egress In strict conformity with all code and ordinance re. quirements has been sub. mitted to and approved by the City. Section 2. All other ordin- ances or parts thereof which are In conflict with the prov. Isions herein are hereby repealed to the extent of, such conflict. Section '3. Each phrase, F sentence paragraph, sec. tion or ogler provision otthls ordinance Is severable from all other such phrases, sen- tences, paragraphs, sections and provisions. Should any Part of this ordinance be de- clared by the courts to be unconstitutional or Invalid,# such declaration shall not af- fect any other such portion or provision of this ordin. ante. Section 4. This ordinance shall take effect upon Its due r adoption and publication as provided by law. ADOPTED THIS THE day of 1998. James P. Nix, 1 ATTEST: Mayor Genlece W. Johnson 1 City Clerk C-9-26