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Home My WebLink AboutO-1054ORDINANCE NO. 1054 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO REQUIRE THAT PUBLIC NOTICE SIGNS BE POSTED ON PROPERTY BEING CONSIDERED FOR A ZONING CHANGE WHEREAS, The City of Fairhope, Alabama has recognized that the planning process is open to public participation and input, and WHEREAS, The City of Fairhope, Alabama realizes that planning decisions that impact the City should be publically known, and WHEREAS, The City of Fairhope, Alabama desires to maximize public knowledge and input into the planning process, and WHEREAS, The City of Fairhope, Alabama is dedicated to serve the citizens of the community by keeping them informed about potential change, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ALABAMA, THAT: The ordinance known as the Zoning Ordinance (No. 557) Section 8.61, amended by Ordinance 1025, is hereby amended to insert the following paragraph: The applicant is also required to post on the property being considered for a zoning change a sign that gives public notice. This sign shall be posted adjacent to a publicly dedicated street. The sign shall be furnished by the City at the time of application. The sign shall be posted no later than 15 days before the Planning Commission meetings and shall remain posted until after final action by the City Council. The applicant shall remove the sign from the property and return it to the City within 2 days of final action by the City Council. It is the sole responsibility of the applicant to post the sign in accordance with these regulations. Failure to post this sign may result in nullification of the zoning change decision and application. 2. Severability Clause If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 3. Effective Date This ordinance shall be in full force upon its adoption and publication as provided by law. ADOPTED THIS THE LOTH DAY OF MAY 1999. Ja es P. Nix, Mayor ATTE T: Geniece W. Johnson( City Clerk FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance Request for change of Zoning District (Applicant) Ci7-YoFFA,4"rC- Description and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: Lwe(Do)-(Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City We find that the proposed zoning district change (Is) (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Voting Aye Voting Nay Abstain Respectfully submitted: Chairman Rev. 9/98 CITY OF FAIRHOPE CITY COUNCIL COVER SHEET May 10, 1999 ZC 99-06 Public Hearing Regarding A Proposed Amendment to the Zoning Ordinance to Require the Placement of a Zoning Change Sign on Property being Considered for a Zoning Change As you are aware Planning is a public process and relies, significantly, on public input to make the correct decisions for the community as a whole. To that end, municipalities must, according to State Law, give public notice. These requirements are prescribed very specifically in State Code. However, even though these requirements are adhered to by the City, often times concerned and/ or affected citizens are not aware of a proposed zoning change. In an effort to alleviate these situations and to gain more public input in the public process, the attached Ordinance requires that a sign be placed on the property being considered for a zoning change. Failure to post the sign at least 15 days before Planning Commission consideration may void the application and the decision of the Commission or the City Council. The sign must also be returned to the City after final action is taken by the City Council. The City Attorney has been consulted and reviewed the proposed Ordinance. He had no objections. This Ordinance is a step to increase awareness in the community about possible changes to existing land use. STAFF RECOMMENDATION: To approve ZC 99-06. Respectfully Submitted for Consideration, ci-" �> Christoph r D. Baker Director of Planning and Building AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL ❑ The 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 _P Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate n-15 I X,I(P AL: $ 5 T -I lD / Legal Ad Representative Gina Lin ell BILL TO: I tie(o M ATTN: P.O./File Number FOR OFFICE USE ONLY I Paid ...................... Unpaid............... Account No. (D ODO I (o Gulf L Jewspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 state of Alabama County of Baldwin MY COMMISS:C.J EXPMES MAY 22, 2002 Sworn to and subscribed before me this / 9 day of Notary Public, Baldwin County, Alabama ORDINANCE NO.1054 properly and return It to the 1 AN ORDINANCE AMENDING City within 2 dayyss o�f final ac- 1 ORDINANCE NO.557 tion by the City Oouncll. l KNOWN AS THE ZONING It Is the sole responsibility ORDINANCE TO REQUIRE of the applicant to post the THAT PUBLIC NOTICE sign in accordance with I SIGNS BE POSTED ON I these regulations. Failure to PROPERTY BEING post this sign may result In 1 CONSIDERED FOR A nullificatlon of the zoningg ZONING CHANGE change decision and appli- I WHEREAS, The City of Falrhope, Alabama has re-' cation. 2. Severability Clause cognized that the planning if any section, subsection, process Is open to public participation and Input, and The City sentence, clause, or phrase of this ordinance Is for any WHEREAS, of Fairhope, Alabama realizes reason held to be unconsti- tutional or otherwise Invalid that planning decisions thAt� Impact the City should be; I a court of competent lur- publicly known, and 1.diction, such decision shall not affect the validity of t WHEREAS, The City of Falrhope, Alabama desiresi 'the remaining portions of this ordinance. 1 to maximize public knowle-. 3. Effective Date I dgge and Input Into the plan- This ordinance shall be In ping process, and WHEREAS, The City of full force upon its adoption I Fairhope, Alabama Is dedi- ( and publication as provided by law. cated to serve the citizens of ADOPTED THIS THE 10TH the community by keeping 1 DAY OF MAY 1999. `them Informed about poten- I James P. Nix, Mayor tial change, I BE IT ORDAINED BY THE Attest: CITY COUNCIL OF THE CITY Genlece W. Johnson, City Clerk OF FAIRHOPE ALABAMA, C-5-15 THAT: --- 1. The ordinance known as 1 the Zoning Ordinance -(NO. 55 Section 8.61, amended t by Ordinance 1025, Is hereby amended to insert the follow - ( In ragraph: 1 Is The applicant also re- quired to post on the being considered for a zoning change a sign (property that gives public notice. This sign shall be posted adja- cent to a publicly dedicated i street. The sign shall be fur- nished by the City at the time of application. The sign shall be posted no later than 15 days before the Planning i Commission meetings and in posted until af- ction byy the Cityhe applicant shall from the U he sign AFFIDAVIT. This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL ❑ The 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 Xnlooker Weekend Edition (includes The Fairhope Courier, The The Islander, and The Bulletin) Publication Date Cost: words/inches x rate 9-n-a%4 AlaII.30 / Legal Ad Representative Gina Lindell BILL TO: �A['� a rt�I r)" 14 ATTN P.O./File Number FOR OFFICE USE ONLY ' / Paid ...................... Unpaid............... Account No. LD0001 l.o Gulf CL ewspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 state of Alabama County of Baldwin Sworn to and subscribed before me this .27 day of e451z 19 Notary Public, Baldwin County, Alabama MY COMMISSION EXPIRES MAY 22, 2002 NOTICE OF -1': Thvo►rnnanve wrrowwas PUBLIC HEARING the Zoning Ordinance (No. Notice Is hereby given that the Fairhope City Council 55 Section 8.61, amended will hold a Public Hearing on, by Ordinance 1025, Is hereby I amended to insert the follow - the following proposed or- dinance amending Zoning Ordinance No. 557, on Mon- ' Ing paragraph; The applicant is also re - day, May 10, 1999 at 5:30 qulred to post on the prop arty being considered for a p.m. Fairhope Municipal zoning change a sign that Complex Council Chamber, glvas public notice. This 16t North Section Street, slgn shall be posted adja- Fairhope, AL 36532. cent to a publicly dedicated I PROPOSED ORDINANCE street. The sign shall be fur - AN ORDINANCE AMENDING nlshed by the City at the time I ORDINANCE NO.557 of application. The all shall KNOWN AS THE ZONING be posted no later than 15 ORDINANCE TOREOUIRE days before the Planning THAT PUBLIC NOTICE Commission meetings andr SIGNS BE POSTED ON 1 shall remain posted until PROPERTY BEING after final action by the City CONSIDERED FOR A ZONING Council. The applicant shall CHANGE WHEREAS, The City of remove the sign from the property and return It to the Fairhope, Alabama has rec- I I City within 2 days of final ac- ognized that the planning tion by the City Council. process is open to public I It is the sole responsibility participation and Input, and of the applicant to post the WHEREAS, The City of sign in accordance with Fairhope, Alabama realizes these regulations. Failure to that planning decisions that post this sign may result In Impact the City should be change decisiontion of the andzapplF' publically known, and WHEREAS, The City cation. I of Alabama desires 2• Severability Clause IFairhope, to maximize public knowl. I If any section, subsection, edge and input into the plan- sentence, clause, or phrase ntng process, and of this ordinance Is for an Y WHEREAS, The City of reason held to be unconstl- Fslrhope, Alabama Is dedi- tutional or otherwise Invalid cated to serve the citizens of by a court of competent ur- the communityby keeping them Informedaboutpoten- ladiction, such decis on shall not affect the validity o' I tlal change, the remaining portions o- BE IT ORDAINED BY THE this ordinance. CITY COUNCIL OF THE CITY 3. Effective Date OF FAIRHOPE, ALABAMA. This ordinance shall be In I THAT: J full force upon Its adoption, ----- — , and publication as provided, by law. I END OF PROPOSED I ORDINANCE All persons who desire shall have an opportunity to be heard In favor of, or in opposition to, this proposed or and are cordially Invited to be present. Genisce W. Johnson ' City Clerk C-4-17-24