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HomeMy WebLinkAboutO-1066ORDINANCE NO. 1066 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR METAL BUILDINGS ALONG CERTAIN CORRIDORS IN THE CITY The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together with the Zoning Map of the City of Fairhope, Alabama be and the same hereby is changes and altered in respect to the certain property described below: WHEREAS, the City of Fairhope, Alabama is concerned about development along major thoroughfares in the City; and, WHEREAS, the City of Fairhope, Alabama is concerned about the visual impacts of development along major thoroughfares in the City; and, WHEREAS, the City of Fairhope, Alabama desires that commercial development along major thoroughfares in the City enhance the attractiveness and beautification of the City; NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, Section 7, Special Provisions be hereby amended to insert as Section 70.8 Special Corridor Requirements, that read as follows: 2. THAT, Major Thoroughfares in the City are defined as follows: The Special Corridor Requirements apply to all property located in the City Limits and commercially zoned along the major thoroughfares as indicated below: US Hwy 98 (Greeno Road) Fairhope Avenue Section Street 3. THAT, this Ordinance is applicable to all commercially zoned property that: 1) fronts on or , 2) has access to the major thoroughfares indicated above. 4. THAT, this Ordinance is applicable to all buildings greater than or equal to 200 square feet in size. 5. THAT, no building or a portion of a building that is visible from a public street or right-of-way shall be exposed metal. A facade of some type or material shall be used to visually screen the metal from the public street or right-of-way. 6. THAT, portions of the building that are not visible from a public street or right-of-way may have an exterior metal surface. Ordinance No. 1066 Page -2- 7. THAT, the construction of bare metal buildings visible from public streets or right-of-ways as indicated above is prohibited. Enforcement may be taken by the City in accordance with the enforcement provisions contained in the Zoning Ordinance. 8. THAT, nothing herein shall be construed to prohibit metal roofs. 9. THAT, the construction of any building not in conformance with these requirements is subject to the approval of a Special Exception by the Zoning Board of Adjustment as provided for in the Zoning Ordinance. 10. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. 11. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption and publication as required by law. APPROVED THIS THE 11th DAY OF October , 1999. J PmesP. Nix, Mayor ATTE T: G(J Geniece W. Johnso ity Clerk CITY OF FAIRHOPE CITY COUNCIL COVER SHEET October 11, 1999 ZC 99-12 Public Hearing to Consider Amending the Zoning Ordinance to Establish Regulations Governing the Construction of Metal Buildings The City of Fairhope does an excellent job of beautifying the City. Our major corridors in town are very attractive places. There is no doubt that this beautification enhances our business environment and our sense of place. Our beautification really' distinguishes us from other towns and cities in Baldwin County. The construction of metal buildings along our major corridors detracts from the beautification of our city and as a result reduces our sense of distinction. The attached Ordinance establishes restrictions on the construction of metal buildings. The attached Ordinance does not prohibit the construction of metal buildings through the entire City. It does place regulations on metal buildings in specific corridors only: Greeno Rd, Fairhope Ave, and Section St. The proposed regulations apply to commercially zoned property only. The Planning Commission considered this at the September 7, 1999 meeting and unanimously approved the Ordinance. STAFF RECOMMENDATION: To approve ZC 99-12 and the attached Ordinance. Respectfully Submitted for Consideration, Christoph,6r 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 Gulf t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMM;SSION EXPIRES MAY 22, 2002 Sworn to and subscribed before me thic '1Z/ ` I day of 19 i Notary Public, -Baldwin CounT, Alabama a weeklynewspaper ublished in Baldwin Count Alabama p y' zoned aeons the major tnor 10. Seveiabll Clause. '— ' oughfares as indlcated below: That it Is hereby declared to I Weekend Edition (includes The Fairhope Courier, The OF PUBLIC HEARING Road), FaTICE Greeno U.S. lrhope 99 Avenue, be the nthat othe f sectiothe n, Council 0 looker Notice Is hereby given that the Falrhope City Section Street 3. THAT, this Ordinance Is paragraphs, sentences clauses, and phrases of this I The Islander, and The Bulletin) I Council will hold a Public applicable to all commercial. ordinance are severable, and Hearing on the following ly zoned property that: 1) if any phrase, clause, sen- , proposed Ordinance amend. I fronts on or, 2) has access to tence, paragraph, or section Publication Date Cost: words/inches x rate ing Zoning Ordinance No. 557; on Monday, October 11, the major thoroughfares indicated above. of this ordinance shall be declared invalid or unconsti- n1999 ✓ IQ� �` L �N p.m., T,tohe the any id court y `' Municipa130 Complex applicable l buildings ment or decree of Chamber, 161 North Section greater than or equal to 200 of competent jurisdiction, Street, Falrhope, AL 36532. square feet in size. such invalidity or unconsti- All persons who desire shall I 5. THAT, no building or a tutionally shall not affect any have an opportunity to be portion of a building that Is of the remaining phrases, heard In favor of, or In oppo- visible from a public street clauses, sentences, para- sition to, this proposed or right-of-way shall be graphs, or sections of this Ordinance and are cordially exposed metal. A facade of ordinance, since the same Invited to be present. some type or material shall would have been enacted by Geniece W. Johnson, be used to visually screen the City Council without the TOTAL: $ Qi LP • I City Clerk the metal fro the public Incorporation In this ordi- Invalid ORDINANCE NO. street or right-of-way. nance of such such Proposed Ordinance 6. THAT, portions of the or unconstitutional phrases, . �CXC� AN ORDINANCE AMENDING I building that are not visible clause, sentences, para- ,��JJ,�,,.. �1 �� ORDINANCE NO. 557 from a public street or right. graph, or section. KNOWN AS THE ZONING of -way may have an exterior 3. Effective date This Legal Ad Representative ORDINANCE TO ESTABLISH metal surface. ordinance shall be in full Linda Robinson REGULATIONS FOR METAL BUILDINGS ALONG CER- 7. THAT, the construction of bare metal buildings .visi- force upon Its adoption and I publication as .provided by TAIN CORRIDORS IN THE ble from public streets or law. BILL TO: CITY rights -of -way as indicated END OF PROPOSED The ordinance known as I above Is prohibited. ORDINANCE the Zoning Ordinance (No. Enforcement may be taken C-9-18 557) adopted 11 August by the City In accordance 1975, together with the with the enforcement provi- Zoning Map of the City of sions contained In the Falrhope, Alabama be and Zoning Ordinance. the same hereby is changed S. THAT, nothing herein ATTN: ' and altered in respect to the shall be construed to prohib- i certain property described below; I it metal roofs. 9. THAT, the construction P.O./File Number WHEREAS, the City of I of any building not in confor- Falrhops, Alabama is con- I mance with these require - FOR OFFICE USE ONLY I cerned about development ments is subject to the along major thoroughfares In the City; approval of a Special Paid Unpaid ... ..... and, �-- WHEREAS, Exception by the Zoning ...................... the City of Board of Adjustment as pro- Fairhope, Alabama is con- vided for In the Zoning , , , , Ferried about the visual O_r_dinance. I lP O1 impacts of development I along thoroughfares ` Account No. w major in the City enhance the attractiveness and beautlfl- cation of the City; NOW THEREFORE AFTER APPROPRIATE PUB. LIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; I 1. THAT, Section 7. Special Provisions be here. by amended to insert as Section 70.8 Special Corridor Requirements, that read as follows: 2. THAT, Major ) Thoroughfares in the City) are defined as follows: The Special Corridor Requirements apply to all I I property located in the City Limits and commercially 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 )t�Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate TOTAL: $ 1 in • 01(p Legal Ad Representative Linda Robins n BILL TO: ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid .... ....✓......... Account No. C.P OCD I U Gulf A Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama MY County of Baldwin CO!V!MISS!ON EXPIRES MAY 22, 2002 Sworn to and subscribed before me this day of 19 1r' Notary Public, Baldwin County, Alabama ISECOND NOTICE OF t PUBLIC HEARING Notice is hereby given the second time that the Fairhope City Council will hold a public hearing on a Proposed ordinance amend. ing Zoning Ordinance No. 557; on Monday, October 11, 1999, at 5:30 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, AL 36532. All persons who desire to' have an opportunity to be heard In favor of, or opposi- tion to, this proposed ordi- nance and are cordially Invit- ed to be present. Synopsis of proposed ordinance to be considered; ordinance printed in full in September 18, 1999 issue of The Fairhope Courier: Ordinance is to establish regulations for metal I buildings along certain corridors In the city. I C-9-25 A • FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT ____Text Change to Zoning Ordinance Request for change of Zoning District By: 4j-V-L6' jj (Applicant 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: A —We (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 Rev. 9/98 Voting Aye Voting Nay Abstain -X — Respectfully submitted: C irman ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 577, KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR METAL BUILDINGS ALONG CERTAIN CORRIDORS IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fairhope, Alabama is concerned about development along major thoroughfares in the City, and WHEREAS, the City of Fairhope, Alabama is concerned about the visual impacts of development along major thoroughfares in the City, and WHEREAS, the City of Fairhope, Alabama desires that commercial development along major thoroughfares in the City, enhance the attractiveness and beautification of the City, NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ArABAMA: 1. THAT, Section 7, Special Provisions be hereby amended to insert as Section 70.8 Special Corridor Requirements, that read as follows: 2. THAT, Major Thoroughfares in the City are defined as follows: The Special Corridor Requirements apply to all property located in the City Limits and commercially zoned along the major thoroughfares as indicated below. Greeno Rd. (US Hwy 98) Fairhope Ave Section Street 3. THAT, this Ordinance is applicable to all commercially zoned property that: 1) fronts on or, 2) has access to the major thoroughfares indicated above. 4. THAT, this Ordinance is applicable to all buildings greater than or equal to 200 square feet in size. THAT, no building or a portion of a building that is visible from a public street or right- of-way shall be exposed metal. A facade of some type or material shall be used to visually screen the metal from the public street or right-of-way. 7. THAT, portions of the building that are not visible from a public street or right-of-way may have an exterior metal surface. 8. -w THAT, the construction of bare metal buildings visible from public streets or right-of- ways as indicated above is prohibited. Enforcement may be taken by the City in accordance with the enforcement provisions contained in the Zoning Ordinance. a THAT, the construction of any building not in conformance with these requirements is subject to the approval of a Special Exception by the Zoning Board of Adjustment as provided for in the Zoning Ordinance. 10. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. 11. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage as provided for in State Law. APPROVED BY THE CITY COUNCIL THIS 1999. ATTEST: Geniece W. Johnson, City Clerk City of Fairhope, Alabama of , James P. Nix, Mayor City of Fairhope, Alabama _e PUBLISH ONCE, LEGALS, IN COURIER ONLY, O PLEASE PUBLISH THIS PAGE FIRST FOLLOWED BY THE PROPOSED ORDINANCE. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE FAIRHOPE CITY COUNCIL WILL HOLD A PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE AMENDING ZON4NG ORDINANCE No. 557; ON: AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, 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. GENIECE W. JOHNSON, CITY CLERK ORDINANCE NO._ Proposed Ordinance 6i!0 AN ORDINANCE AMENDING ORDINANCE NO.,kf KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR METAL BUILDINGS ALONG CERTAIN CORRIDORS IN THE CITY 64;-i The ordinance known as the Zoning Ordinance (No. B5V), adopted 11 August 1975, together with the Zoning Map of the City of Fairhope, Alabama be and the same hereby is changes and altered in respect to the certain property described below: WHEREAS, the City of Fairhope, Alabama is concerned 'IbOLIt development along major thoroughfares in the City; and, WHEREAS, the City of Fairhope, Alabama is concerned about the visual impacts of development along major thoroughfares in the City; and, WHEREAS, the City of Fairhope, Alabama desires that commercial development along major thoroughfares in the City enhance the attractiveness and beautification of the City; NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, Section 7, Special Provisions be hereby amended to insert as Section 70.8 Special Corridor Requirements, that read as follows: 2. THAT, Major Thoroughfares in the City are defined as follows: The Special Corridor Requirements apply to all property located in the City Limits and commercially zoned along the major thoroughfares as indicated below: US Hwy 98 (Greeno Road) Fairhope Avenue Section Street 3. THAT, this Ordinance is applicable to all commercially zoned property that: 1) fronts on or , 2) has access to the major thoroughfares indicated above. 4. THAT, this Ordinance is applicable to all buildings greater than or equal to 200 square feet in size. 5. THAT, no building or a portion of a building that is visible from a public street or right-of-way shall be exposed metal. A facade of some type or material shall be used to visually screen the metal from the public street or right-of-way. 6. THAT, portions of the building that are not visible from a public street or right-of-way may have an exterior metal surface. 7. THAT, the construction of bare metal buildings visible from public streets or right-of-ways as indicated above is prohibited. Enforcement may be taken by the City in accordance with the enforcement provisions contained in the Zoning Ordinance. 8. THAT, nothing herein shall be construed to prohibit metal roofs. 9. THAT, the construction of any building not in conformance with these requirements is subject to the approval of a Special Exception by the Zoning Board of Adjustment as provided for in the Zoning Ordinance. 10. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. 11. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption and publication as required by law. END OF PROPOSED ORDINANCE PUBLISH ONCE, LEGALS, IN COURIER ONLY, ON G� PLEASE PUBLISH THIS SHEET FOLLOWED BY THE SYNOPSIS OF THE PROPOSED ORDINANCE. UNLESS OTHERWISE EXPRESSED. SECOND NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THE SECOND TIME THAT THE FAIRHOPE CITY COUNCIL WILL HOLD A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING ZONING ORDINANCE NO. 557; ON 9V� AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, 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. SYNOPSIS OF PROPOSED ORDINANCE TO BE CONSIDERED; ORDINANCE PRINTED IN FULL IN SEPTEMBER 1 8, 1 999 ISSUE OF THE FAIRHOPE COURIER: ORDINANCE IS TO ESTABLISH REGULATIONS FOR METAL BUILDINGS ALONG CERTAIN CORRIDORS IN THE CITY AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Miriette, AL ❑ The Bulletin, Daphne, AL 0 The Fairhope Courier, Fairhope, AL 0 The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL 0 The Islander, Gulf Shores, AL a weekly newspaper published in Baldwin County, Alabama AWeekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/Inches x rate 10-1 LP 5a5 x .Ito TOTAL: $ 'Ei Li • 00 Legal Ad Representative � �_�p_ Linda Robinson� (^� BILL TO: 1A.� M - CZ- t,Y�".9- ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid........... Account No. U DO i2 Gulf C' lewspapers P.O. Box 509 Robertsdale, AL 36567 �,v r� Phone (334) 947-7712 v r1' � XD 3 State of Alabama County of Baldwin Sworn to and subscribed before me this 9-0 - day of © CiLbez 19 of 0 1- Notary4ublic, BV1w--[n County, Alabarha ORDINANCE NO. 1066 S-T� . no u g or a. AN ORDINANCE AMENDING potion of a building that isl ORDINANCE NO. 557 visible from a public street KNOWN AS'THE ZONING or right-of-way shall be ORDINANCE TO ESTABLISH exposed metal. A facade of REGULATIONS FOR METAL some type or material sha11 y BUILDINGS ALONG CER- be used to visually screen TAIN CORRIDORS IN THE the metal fro the public, CITY street or right-of-way. The ordinance known as 6. THAT, portions of the the Zoning Ordinance (No. building that are not visible 557) adopted 11 August from a public street or right -I 1975, together with the of -way may have an exterior Zoning Map of the City of metal surface. Falrhope, Alabama be and 7. THAT, the construction the same hereby is changed of bare metal buildings visi- and altered in respect to the ble from public streets or' certain property described rights -of -way as Indicated below; above is prohibited.) WHEREAS, the City of Enforcement may be taken' Fairhope, Alabama Is con. by the City In accordance, cerned about development with the enforcement provi- along major thoroughfares sions contained in the. In the City; and, Zoning Ordinance. WHEREAS, the City of 8. THAT, nothing herein Falrhope, Alabama is con- shall be construed to prohib cerned about the visual I It metal roofs. Impacts of development 9. THAT, the construction, along major thoroughfares of any building not in confor-1 In the City enhance the mance with these require - attractiveness and beautifi. cation of the City; and, ments Is subject to the4 approval of a Special) NOW THEREFORE Exception by the Zoning AFTER APPROPRIATE PUB- Board of Adjustment as pro-; LIC HEARING AND NOTICE �vided for In the Zoning , Ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY FAIRHOPE, ALABAMA, I 10. SEVERABILITY� I CLAUSE. That it is hereby IOF 1. THAT, Section 7. declared to be the intention I Special Provisions be here- of the City Council that the by amended to insert as section, paragraphs, sen- Section 70.8 Special tences clauses, and phrases Corridor Requirements, that of this ordinance are sever - read as follows: able, and if any phrase, 2. THAT, Major clause, sentence, paragraph, I Thoroughfares In the City or section of this ordinance are defined as follows: I shall be declared Invalid or The Special Corridor, unconstitutional by the valid Requirements apply to all judgment or decree of any property located in the City cou rt ocompetentu isdic- Limits and commercially such y or I zoned along the major thor- unconstitutionally shall not oughfares as indicated) affect any of the remaining below: phrases, clauses, sentences, U.S. Hwy. 99 (Greeno4 I paragraphs, or sections of I Road), Fairhope Avenue,. this ordinance, since the Section Street same would have been I 3. THAT, this Ordinance is! I enacted by the City Council applicable to all commercial -I without the incorporation in ly zoned property that: 1)1 this ordinance of such such I fronts on or, 2) has access to Invalid or unconstitutional the major thoroughfares', I phrases, clause, sentences, Indicated above. paragraph, or section. 4. THAT, the Ordinance is j 11. EFFECTIVE DATE. applicable to all buildings This ordinance shall take t greater than or equal to 200 effect Immediately on adop- Lquare feet In size., tion and publication as I required by law. APPROVED THIS THE 111TH DAY OF OCTOBER, 1999. James P. Nix, Mayor ATTEST: Genlece W. Johnson, City Clerk C-10-16