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Home My WebLink AboutO-1068ca m U O �V U (L Ck' X s .tub � Q'W O ORDINANCE NO. 1068 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR BUILDING HEIGHTS IN THE CENTRAL BUSINESS DISTRICT 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 wishes to promote the viability and attractiveness of downtown; and, WHEREAS, the City of Fairhope, Alabama realizes that residential uses downtown enhance the economic environment and provide activity; and, WHEREAS, the City of Fairhope, Alabama desires to make it more simple to provide a mixture of uses downtown; 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 70.11 Building Height in Central Business District, that reads as follows: 2. THAT, the description of the Central Business District is found in the definition section of the City of Fairhope Zoning Ordinance. 3. THAT, this Ordinance is applicable to all commercially zoned property that is within the limits of the CBD. This Ordinance is not applicable to residentially zoned property. 4. THAT, buildings in the CBD may be constructed to height of 35 feet. 5. THAT, building height measurements shall be made in accordance with the definition provided in the City of Fairhope Zoning Ordinance. 6. THAT, the construction of any building not in conformance with these requirements is subject to the approval of a variance by the Zoning Board of Adjustment as provided for in the Zoning Ordinance. 7. 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. 8. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. 0 Approved this 11 `h Fa- 1999. yor iece W. Johnson, kity Clerk CITY OF FAIRHOPE CITY COUNCIL COVER SHEET October 11, 1999 ZC 99-16 Public Hearing to Consider Amending the Zoning Ordinance Regarding the Maximum Building Height in the Central Business District The existing regulations in the Zoning Ordinance indicate a maximum building height of 30 feet in the Central Business District (CBD). As you are aware, most of the CBD is built out. There have been instances in the recent past where a property owner wished to construct a second story to an existing building. This puts them above the 30' height limit. In an effort to encourage people to live downtown and to further enhance the economic vitality and safety of the CBD, the Planning Department is recommending increasing the maximum building height from 30 to 35 feet. This will make it easier for property owners to construct a second story downtown without damaging the pedestrian scale of the area. This increase is applicable only to commercially zoned property, it specifically excludes residentially zoned property. The Planning Commission considered this at the September 7, 1999 and recommended approval. The Ordinance is attached for your review. STAFF RECOMMENDATION: To approve ZC 99-16 and the attached Ordinance. Respectfully Submitted for Consideration, as Christoph 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 Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate q'1 — 18 C4 'i S X • I (o TOTAL: $ �l CD • O D Legal Ad Representative nn -LL Linda Robinson BILL TO: CALL4 (9_-� ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid ... A___' ......... Account No. b00/0% Gulf C Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY C0-V.MISS:0;V EXP:SES MAY 22, 2002 Sworn to and subscribed before me day of 19 i Notary P-ub ic, n County,.Alabama_ ---t 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Fairhope City Council will hold a Public Hearing on the following proposed Ordinance amend-ing Zoning Ordinance No. 557; on Monday, October 11, 1999 at 6:30 p.m., Fairhope Municipal Complex Chamber, 161 North Section Street, Fairhope, AL 36532. All persons who desire shall have an opportunity to be heard in favor of, or In oppo- sition to, this proposed j Ordinance and are cordially Invited to be present. j Genlece W. Johnson, City Clerk ORDINANCE NO. Proposed Ordinance AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR BUILD- ING HEIGHTS IN THE CEN- TRAL BUSINESS DISTRICT The ordinance known as the Zoning Ordinance (No. 557) adopted 11 August 1975, together with the Zoning Map of the City of I Fairhope, Alabama be and the same hereby Is changed I and altered in respect to the certain property described below; WHEREAS, the City of Fairhope, Alabama wishes to promote the viability and attractiveness of downtown; 1 and, WHEREAS, the City of (Fairhope realizes that real - de ntial uses downtown enhance the economic envi- ronment and provide activi- ty; and, WHEREAS, the City of Fairhope, Alabama desires to make It more simple to provide a mixture of uses downtown. NOW THEREFORE AFTER APPROPRIATE PUB- LIC HEARING AND NOTICE BE IT ORDAINED BY THE i CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA. 1. THAT, Section 7„ Special Provisions be here- by amended to insert as Section 70.11 Building Height in Central Business District, that reads as fol- lows; 2. THAT, the description of the Central Business District Is found In the defini- tion section of the City of Fairhope Zoning Ordinance. 3. THAT, this Ordinance is I applicable to all commercial- ly zoned property that is I within the limits of the CBD. This Ordinance is not appli- cable to residentially zoned property. 4. THAT, buildings in the CBD may be constructed to height of 35 feet. 5. THAT, building height measurements shall be I made in accordance with the definition provided in the I city of Falrhope Zoning Ordinance. 6. THAT, the construction of any building not in confor- mance with these require- ments is subject to the approval of a variance by the t Zoning Board of Adjustment as provided for in the Zoning Ordinance. i 7. Severability Clause. If any section, subsection, sentences, clause, or phrase of this ordinance is for any reason held to be unconsti- tutional or otherwise invalid by a court of competent j jurisdiction, such declslon shall not affect the validity of the remaining portions of j this ordinance. 8. Effective date This t ordinance shall be in full force upon Its adoption and i l publication as provided by j law. END OF PROPOSED i ORDINANCE C-9-18 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 Z Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate q-a5 105 x -I LP TOTAL: $ I (S • 6 D Legal Ad Representative Linda Robinson BILL TO: ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid .. .✓.......... . Account No. (_Q GYRO I (P Gulf ( Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin • • IVIY COMMISSION EXPIRES MAY 22, 2002 Sworn to and subscribed before me day of Public, Baldwin County, Alabama SECOND NOTICE OF I PUBLIC HEARING I Notice is hereby given the second time that the Falrhope City Council will hold a Public Hearing on the following proposed Ordinance amending Zoning Ordinance No. 557; on Monday, October 11, 1999 at I 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 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 1 invited to be present. SYNOPSIS OF PRO- POSED ORDINANCE TO BE 1 CONSIDERED; ORDINANCE PRINTED IN FULL IN SEP- TEMBER 18, 1999 ISSUE OF THE FAIRHOPE COURIER; Ordinance Is to establish ` regulations for Building I Heights In the CWtral 1 Business District. C-9-25 FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance - AC 9q-14 Request for change of Zoning District 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: _3_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 Respectfully submitted: Xhhairman! ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 577, KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR BUILDING HEIGHTS IN THE CENTRAL BUSINESS DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fairhope, Alabama wishes to promote the viability and attractiveness of downtown, and WHEREAS, the City of Fairhope, Alabama realizes that residential uses downtown enhance the economic environment and provide activity, and WHEREAS, the City of Fairhope, Alabama desires to make it more simple to provide a mixture of uses downtown, NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: o 1 THAT, ection , Special Provisions be hereby amended to insert as Section 70.11 Building Height in Central Business District, that reads as follows: 2. THAT, the description of the Central Business District is found in the definition section of the City of Fairhope Zoning Ordinance. 3. THAT, this Ordinance is applicable to all commercially zoned property that is within the limits of the CBD. This Ordinance is not applicable to residentially zoned property. El THAT, buildings in the CBD may be constructed to height of 35 feet. 5. THAT, building height measurements shall be made in accordance with the definition provided in the City of Fairhope Zoning Ordinance. A THAT, the construction of any building not in conformance with these requirements is subject to the approval of a variance by the Zoning Board of Adjustment as provided for in the Zoning Ordinance. 7. 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. Q 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 PUBLISH ONCE, LEGALS, IN COURIER ONLY, O _/17LI / 9 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 ZONING 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 AN ORDINANCE AMENDING ORDINANCE NO. 59 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR BUILDING HEIGHTS IN THE CENTRAL BUSINESS DISTRICT The ordinance known as the Zoning Ordinance (No. 50), 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 wishes to promote the vi�lbility and attractiveness of downtown; and, WHEREAS, the City of Fairhope, Alabama realizes that residential uses downtown enhance the economic environment and provide activity; and, WHEREAS, the City of Fairhope, Alabama desires to make it more simple to provide a mixture of uses downtown; NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: THAT, Section 7, Special Provisions be hereby amended to insert as Section 70.11 Building Height in Central Business District, that reads as follows: 2. THAT, the description of the Central Business District is found in the definition section of the City of Fairhope Zoning Ordinance. 3. THAT, this Ordinance is applicable to all commercially zoned property that is within the limits of the CBD. This Ordinance is not applicable to residentially zoned property. 4. THAT, buildings in the CBD may be constructed to height of 315 feet. 5. THAT, building height measurements shall be made in accordance with the definition provided in the City of Fairhope Zoning Ordinance. THAT, the construction of any building not -,.in conformance with these requirements is subject to the approval of a variance by the Zoning Board of Adjustment as provided for in the Zoning Ordinance. 7. 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, uprose, sentence, paragraph, or section. 8. EFFECTIVE DATE. This ordinance shall take effect irnnrediFile;ly upon its due adoption and publication as required by law, END OF PROPOSED ORDINANCE PUBLISH ONCE, LEGALS, IN COURIER ONLY, ON4 64'rz-f-j azz 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 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 BUILDING HEIGHTS IN THE CENTRAL BUSINESS DISTRICT ORDINANCE NO. Proposed Ordinance AN ORDINANCE AMENDING ORDINANCE NO. 577 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR BUILDING HEIGHTS IN THE CENTRAL BUSINESS DISTRICT The ordinance known as the Zoning Ordinance (No. 577), 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 wishes to promote the viability and attractiveness of downtown; and, WHEREAS, the City of Fairhope, Alabama realizes that residential uses downtown enhance the economic environment and provide activity; and, WHEREAS, the City of Fairhope, Alabama desires to make it more simple to provide a mixture of uses downtown; 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 70.11 Building Height in Central Business District, that reads as follows: 2. THAT, the description of the Central Business District is found in the definition section of the City of Fairhope Zoning Ordinance. 3. THAT, this Ordinance is applicable to all commercially zoned property that is within the limits of the CBD. This Ordinance is not applicable to residentially zoned property. 4. THAT, buildings in the CBD may be constructed to height of 35 feet. 5. THAT, building height measurements shall be made in accordance with the definition provided in the City of Fairhope Zoning Ordinance. 6. THAT, the construction of any building not in conformance with these requirements is subject to the approval of a variance by the Zoning Board of Adjustment as provided for in the Zoning Ordinance. 7. 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. 8. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. APPROVED THIS of , 1999. James P. Nix, Mayor ATTEST: Geniece W. Johnson, City Clerk Gulf Cc Newspapers P.O. Box 509 AFFIDAVIT. This is to certify that the attached legal noticeladvertisement appeared in: 0 The Baldwin Times, Bay Miriette, AL 0 The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL 0 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 jD--Itp 411 x ,1(0 TOTAL: $ (P 5 ,% (y Legal Ad Representative Linda Robinsqn BILL TO: ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid .............. Account No. LP 0001 Robertsdale, AL 36567 6 03Phone (334) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me this O - day of bely- 19 OC,H/iti. Notar�i'Putilic; B'al"dwin, County, Alabama I _0M I ANCE NO. 1068 _7_Se era IV b Ilty Clause. LORDINANCE AMENDING That It is hereby declared to ORDINANCE NO. 557 be the Intention of the City KNOWN AS THE ZONING I ORDINANCE TO ESTABLISH Council than the section,l paragraphs, sentences, REGULATIONS FOR BUILD. clauses, and phrases of this , ING HEIGHTS IN THE CEN- ordinance are severable, and 'a TRAL BUSINESS DISTRICT if any phrase, clause, sen- The ordinance known as tence, paragraph or section 1 the Zoning Ordinance (No. of this ordinance shall be I 557) adopted 11 August declared invalid of unconsti- 1975, together with the tutional by the valid judg- Zoning Map of the City of ment or decree of any court Fairhope, Alabama be and of competent jurisdiction, the same hereby is changed such Invalidity or unconsti- and altered in respect to the tutionality shall not affect certain property described any of the remaining praxes, below; clauses, sentences, para- WHEREAS, the City of I graphs, or sections o f this Falrhope, Alabama wishes to ordinance, since the same I promote the viability and would have been enacted by attractiveness of downtown; I the City Council without the and, incorporation in this ordi- WHEREAS, the City of nance of any such invalid or Fairhope realizes that resi. unconsHlutibnal' phrase, dential uses downtown clause, sentence, paragraph enhance the economic envi. ronment and provide activi- ty; and, or section. WHEREAS, the City of 8. Effective date This, Fairhope, Alabama desires ordinance shall take effect to make It more simple to immediately upon its due provide a mixture of uses adoption and publication as I downtown. required by law. NOW THEREFORE Approved this 11th day of AFTER APPROPRIATE PUB- October, 1999. LIC HEARING AND NOTICE James P. Nix, Mayor BE IT ORDAINED BY THE ATTEST: F CITY COUNCIL OF THE CITY I Genlece W. Johnson, OF FAIRHOPE, ALABAMA. City Clerk 1. THAT, Section 7, Special Provisions be here. C-10=16 by amended to insert as Section 70.11 Building Height in Central Business I District, that reads as fol- lows; 2. THAT, the description of the Central Business District is found in the defini. tion section of the City of Fairhope Zoning Ordinance. 3. THAT, this Ordinance is I applicable to all commercial- ly zoned property that is within the limits of the CBD. This Ordinance Is not appli- cable to residentially zoned property. 4. THAT, buildings in the CBD may be constructed to height of 35 feet. 5. THAT, building height t measurements shall be made in accordance with the definition provided In the City of Falrhope Zoning Ordinance. 6. THAT, the construction of any building not In confor- mance with these require- ments Is subject to the approval of a variance by the Zoning Board of Adjustment I as provided for In the Zoning Ordinance. _