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HomeMy WebLinkAboutO-1073ORDINANCE NO. 1073 AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS REGARDING LIGHTING FOR GAS STATION CANOPIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fairhope, Alabama is concerned about the negative impact to adjacent properties from excessive glare, and WHEREAS, the City of Fairhope, Alabama is concerned about lighting that glares into roadways and reduces visibility for motorists at night, and WHEREAS, the City of Fairhope, Alabama desires gas stations to be adequately lit but not negatively impacting adjoining properties and endangering motorists, 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 70.9 Gas Station Canopy Lighting Requirements, that read as follows: 2. THAT, all gas station canopies constructed in any Zoning district on any property located within the City Limits of the City of Fairhope, Alabama shall conform to the following requirements: 1) All light fixtures shall either be recessed into the canopy or if they protrude shall have a box that shields the bulb from direct view. See illustration below. 2) A light fixture that protrudes from the bottom of the canopy shall have a box comp!etely surrounding the bulb and the lens shall be flush with the box. Lenses shall not protrude past the bottom of the box. Canopy 17 �r� A ; Bulb Box and Lens Cross Section of Canopy Canopy Bulb Box and Lens 3. THAT, should a gas station canopy be repaired or improved and the value of the improvements or the repair total 50% or more of the assessed value of the structure, these lighting requirement must be met. This 50% value is a cumulative total. 4. THAT, the construction of any gas station canopy 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. 5. THAT, any light or glare from a gas station shall not spill onto adjacent property or streets. The Director of Planning and Building is authorized to enforce these requirements as provided for in the Zoning Ordinance. 6. 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. 7. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. APPROVED BY THE CITY COUNCIL THIS 81h DAY OF NOVEMBER 1999. ATTEST: c _1 6< Z �W pH i /A, - 6,,,,, es P. Nix, Mayor JJa r TO: THE FAIRHOPE COURIER �b'1c FROM: GENIECE W. JOHNSON, CITY CLERK ���� �Iq III THE ATTACHED NOTICES ARE TO BE PUBLISHED AS INDICATED PLEASE BILL P O NUMBER CITY OF FAIRHOPE P O BOX 429 FAIRHOPE, AL 36533 334/928-2136 ExT 198 THANKS DATE v CITY OF FAIRHOPE CITY COUNCIL COVER SHEET November 8, 1999 ZC 99-13 Public Hearing to Consider Amending the Zoning Ordinance to Establish Regulations Governing Gas Station Canopy Lights Gas station island canopy lights, such as those used at Fastimes in Daphne or the Conoco in Montrose on Hwy 98, can be extremely bright. These lights often spill light beyond the property lines to adjacent streets and homes. In an effort to keep situations such as these from arising in our City, the Planning Department has drafted some regulations governing these lights. An Ordinance is attached for your review. The Planning Department worked with the Planning Commission to craft these requirements to protect motorists from glare and adjacent property owners. This case was considered by the Planning Commission and given a favorable recommendation. STAFF RECOMMENDATION: To approve ZC 99-13 as written. Respectfully Submitted for Consideration, C"4 4�e Z�) - Christoph D. Baker Director of Planning and Building 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 ZONING ORDINANCE No. 557; ON: lvomk/ Al i );�? AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 16I 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. 557, KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS REGARDING LIGHTING FOR GAS STATION CANOPIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fairhope, Alabama is concerned about the negative impact to adjacent properties from excessive glare, and WHEREAS, the City of Fairhope, Alabama is concerned about lighting that glares into roadways and reduces visibility for motorists at night, and WHEREAS, the City of Fairhope, Alabama desires gas stations to be adequately lit but not negatively impacting adjoining properties and endangering motorists, 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 70.9 Gas Station Canopy Lighting Requirements, that read as follows: 2. THAT, all gas station canopies constructed in any zoning district on any property located within the City Limits of the City of Fairhope, Alabama shall conform to the following requirements: 1) All light fixtures shall either be recessed into the canopy or if they protrude shall have a box that shields the bulb from direct view. See illustration below. 2) A light fixture that protrudes from the bottom of the canopy shall have a box completely surrounding the bulb and the lens shall be flush with the box. Lenses shall not protrude past the bottom of the box. Canopy Bulb Box and Lens Cross Section of Canopy Canopy ■■ ■ice • Box and Lens 3. THAT, should a gas station canopy be repaired or improved and the value of the improvements or the repair total 50% or more of the assessed value of the structure, these lighting requirement must be met. This 50% value is a cumulative total. 4. THAT, the construction of any gas station canopy 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. 5. THAT, any light*or glare from a gas station shall not spill onto adjacent property or streets. The Director of Planning and Building is authorized to enforce these requirements as provided for in the Zoning Ordinance. 6. 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. 7. EFFECTIVE DATE. This ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE PUBLISH ONCE, LEGALS, IN COURIER ONLY, ON( 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 OCTOBER 1 6, 1 999 ISSUE OF THE FAIRHOPE COURIER: ORDINANCE IS TO ESTABLISH REGULATIONS REGARDING LIGHTING FOR GAS STATION CANOPIES. LE FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT Text Change to Zoning Ordinance — Ga__� S %leL+I � Request for change of Zoning District (Applicant) Description and Map is attached ► /M 4, . 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: We , _ Q) (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: /Jw"Z� hairman CITY OF FAIRHOPE PLANNING AND ZONING COMMISSION COVER SHEET October 4, 1999 ZC 99-13 Public Hearing to Consider Amending the Zoning Ordinance to Establish Regulations Governing Gas Station Canopy Lights As has been discussed informally with the Commission previously, gas station island canopy lights, such as those used at Fastimes in Daphne or the Conoco in Montrose on Hwy 98, can be extremely bright. These lights often spill light beyond the property lines to adjacent streets and homes. In an effort to keep situations such as these from arising in our City, the Planning Department has drafted some regulations governing these lights. An Ordinance is attached for your review. STAFF RECOMMENDATION: To approve ZC 99-13 as written. Respectfully Submitted for Consideration, Christopher D. Baker Director of Planning and Building ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 577, KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS REGARDING LIGHTING FOR GAS STATION CANOPIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fairhope, Alabama is concerned about the negative impact to adjacent properties from excessive glare, and WHEREAS, the City of Fairhope, Alabama is concerned about lighting that glares into roadways and reduces visibility for motorists at night, and WHEREAS, the City of Fairhope, Alabama desires gas stations to be adequately lit but not negatively impacting adjoining properties and endangering motorists, 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 70.9 Gas Station Canopy Lighting Requirements, that read as follows: 2. THAT, all gas station canopies constructed in any zoning district on any property located within the City Limits of the City of Fairhope, Alabama shall conform to the following requirements: 1) All light fixtures shall either be recessed into the canopy or if they protrude shall have a box that shields the bulb from direct view. See illustration below. 2) A light fixture that protrudes from the bottom of the canopy shall have a box completely surrounding the bulb and the lens shall be flush with the box. Lenses shall not protrude past the bottom of the box. Canopy Bulb Box and Lens Cross Section of Canopy Canopy tl Bulb Box and Lens 3. THAT, should a gas station canopy be repaired or improved and the value of the improvements or the repair total 50% or more of the assessed value of the structure, these fighting requirement must be met. This 50% value is a cumulative total.. 4. THAT, the construction of any gas station canopy 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. 5. THAT, any light or glare from a gas station shall not spill onto adjacent property or streets. The Director of Planning and Building is authorized to enforce these requirements as provided for in the Zoning Ordinance. 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. 7. 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 of , 1999. James P. Nix, Mayor City of Fairhope, Alabama ATTEST: Geniece W. Johnson, City Clerk City of Fairhope, Alabama AFFIDAVIT. This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Miriette, 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: wordsfinches x rate 551 x.►ca TOTAL: $ 66 • 1 �0 r Legal Ad Representative Linda Robinson BILL TO: ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid ✓........... Account No. C-) C) C-> `� Gulf C, newspapers P.O. Box 509 Robertsdale, AL 36567 5�d3 Phone (334) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me this - day of ri NotaryLPublic, Baldwin County, Alabama NOTICE OF PUBLIC HEARING Notice is hereby given that the Falrhope City Council will hold a Public Hearing on the following proposed Ordinance amending zoning Ordinance No. 557; on Monday, November 8, 1999 at 5:30 p.m.; Falrhope 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 Invited to be present. Geniece W. Johnson, City Clerk ORDINANCE NO. Proposed Ordinance AN ORDINANCE AMENDING ORDINANCE NO.557, KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULA- TIONS REGARDING LIGHTING FOR GAS STATION CANOPIES; PROVIDING A SEVERABILiTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Falrhope, Alabama is concerned about the negative Impact to adjacent properties from exces- sive glare, and WHEREAS, the City of Falrhope, Alabama Is concerned about lighting that glares Into roadways and reduces visibili- ty for motorists at night, and WHEREAS, the City of Falrhope, Alabama desires gas sta- tions to be adequately lit but not negatively Impacting adjoin- Ing properties and endangering motorists, NOW THEREFORE, AFTER APPROPRIATE PUBLIC HEAR- ING 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 70.9 Gas Station Canopy Lighting Requirements, that read as follows; 2. THAT, all gas station canopies constructed In any zon- ing district on any property located within the City Limits of the City of Falrhope, Alabama shall conform to the following requirements; 1) All light fixtures shall either be recessed into the canopy or if they protrude shall have a box that shields the bulb from direct view. See Illustration below. 2) A light fixture that protrudes from the bottom of the canopy shall have a box completely surrounding the bulb and the lens shall be flush with the box. Lenses shall not protrude past the bottom of the box. Canopy " a Bulb Box and Lens Cross Section of Canopy Canopy Bulb Box and Lens 3. THAT, should a gas station canopy be repaired or Improved and the value of the Improvements or the repair total 50% or more of the assessed value of the structure, these lighting requirements must be met. This 50% value Is a cumulative total. 4. THAT, the construction of any gas station canopy 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. 5. THAT, any light or glare from a gas station shall not spill onto adjacent property or streets. The Director of Planning and Building Is authorized to enforce these requirements as provided for In the Zoning Ordinance. 6. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Counci% that the section, para- graphs, 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 judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutional- ity shall not affect any of the remaining phrases, clauses, sen- tences, 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 sec- tion. 7. EFFECTIVE DATE. This ordinance shall take effect Immediately upon Its due adoption and. publication as required by law. END OF PROPOSED ORDINANCE C-10-16 i AFFIDAVIT. This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Miriette, AL ❑ The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL 0 The Independent, Robertsdale, AL 0 The Onlooker, Foley, AL 0 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 ID—Z3 I 0q '-/ , 1 (,o TOTAL: $ to (P Legal Ad Representative -- Linda Robinson BILL TO: CAI. ATTN: P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid ......... .............. Account No. (s-, O (7c A (D Gulf Ck Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama jylY CD V:, ;SS �h DO ES MAY 22, 2002 County of Baldwin Sworn to and subscribed before me this Z - day of &41� 19 e. Notary Public, Baldwin County, Alabama SECOND NOTICE OF I PUBLIC HEARING Notice Is hereby given `the second time that the 1 Falrhope city Council will hold a public hearing on a I proposed ordinance amend - I Ing Zoning Ordi N 657: on Monday, November 18, 1999 at 5:30 p.m.; i Falrhope Municipal Complex Council Chamber; 161 North Section Street, Falrhope, AL 136532. All persons who desire { shall have an opportunity to be heard in favor off or In opposition to this proposed Ordinance and are cordially invited to be present. SYNOPSIS OF PRO- POSED I CONSIDERED; ORDINANCE I PRINTED IN FULL IN OCTO- F BER 16, 1999 ISSUE OF THE FAIRHOPE COURIER; I Ordinance is to establish regulations regarding I IIQht- Ing for gas station can po 23