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HomeMy WebLinkAboutO-1102ORDINANCE NO. 1102 AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS THE ZONING ORDINANCE TO AMEND ARTICLE 11 DEFINITION OF TERMS SECTION 2.2.036 BUILDING HEIGHT The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, is changed and altered as described below: WHEREAS, the City of Fairhope, Alabama has established in the Zoning Ordinance a definition for building height; and, WHEREAS, the City of Fairhope, Alabama wishes to further define what is meant and how to measure building height; and, WHEREAS, the City of Fairhope, Alabama encourages quality development throughout the City for the betterment of the community and the citizens of Fairhope, Alabama; NOW THEREFORE AFTER APPROPRIATE PUBLIC HEARING AND NOTICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, in Zoning Case 00-18 Article II Definition of Terms, Section 2.2.036 Building Height shall be hereby amended to read as follows: Building Height: The vertical distance measured from the average natural elevation of the lot at the front of the building to the highest point of the roof. 2. SEVERABILITY CLAUSE. If any part, section of subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect not withstanding such holding. 3. EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 22"d DAY OF January , 2001. thy M. ant iece W.'Johnsopf �v Clerk FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT ' .l Text Change to Zoning Ordinance Request for change of Zoning District (Applip4nt) 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: We (Do) (Do Not) recommend the proposed zoning text changes as wise, expel 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 PLANNING AND ZONING COMMISSION COVER SHEET 12 December, 2000 ZC 00-18 Public Hearing to Consider a New Definition for Building Height in the Zoning Ordinance. The Planning Commission directed staff to research the issue of how other communities define building height. Staff conducted the research and provided it to the Commission. After further consideration by the Commission staff was directed to prepare an Ordinance that changes how we measure buildings. The EXISTING building height definition is as follows: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and the mean height between the eaves and ridge for gable, hip and gambrel roofs. As you can determine, how we measure is based on the roof type. The PROPOSED new building height definition is as follows: The vertical distance measured from the average natural elevation of the lot at the front of the building to the highest point of the roof. This definition is more straight forward and provides the same basis of measurement regardless of roof type. STAFF RECOMMENDATION: To approve ZC 00.18 as presented. Respectfully Submitted for Consideration, unnstopher/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 C The Fairhope Courier, Fairhope. AL CThe Independent, Robertsdale. AL C The Onlooker. Foley, AL CThe Islander. Gulf Shores. AL C The Ledger. Elberta - Lillian. AL a weekly ne'NScaper published in Baldwin County, Alabama \'Keskend Edition (includes The Fairhope Courier. The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate TOTAL: S 5 ca)-t-19 Legal Ad Representat-w ' Gi Lindell BILL TO : �--�t��—o Ct� ATTN P.O.: File Number FOR OFFICE USE ONLY - -- -- -/ Paid ...................... Unpaid ✓ ............ Acccu" 'N U000 Ve - - -- - Gulf G t Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSIO:U EXHIES MAY 22, 2002 Sworn to and subscribed before me this day of lr 20 D / X,�-- Notary Public. Baldwin County, Alab-ama Notice of Public Hearing Notice is hereby given that the t Fairhope City Council wilt hold 0 Public Hearing on the following proposed Ordinance Amending Zoning Ordinance No. 557; on Monday, January 22, 2001, 6:00 P.m., Fairhope Municipal Complex ICouncil Chamber, 161 North Sec - don Street, Falrhope, AL 36532. Ordinance No. I An Ordinance amending Ordinance No. 557, known as the I Zoning ordinance to amend Article II Definition of Terms t Section 2.2.036 Building Height r The ordinance known as the I Zoning Ordinance (No. 557) adopt. ed 11 August 1975, is changed and I altered as described below: Whereas, the City of Fairhope, Alabama has established in the I Zoning Ordinance a definition for building height; and, Whereas, the City of Fairhope, Alabama, wishes to further define t what Is meant and how to measure building heights; and, Whereas, the City of Fairhope, Alabama encourages qualitydevel- opment throughout the City for the betterment of the community and I I the citizens of Fairhope, Alabama; Now therefore after appropriate public hearing and notices be It or- dinance by the City Council of the City of Fairhope, Alabama; i 1. That, in Zoning I Case o0 le Article II Definition of Terms, See• tion 2.2.036 Building Height shall be hereby amended to read as fol. lows: Building Height: The vertical distance measured from the aver- age natural elevation of the lot at Ithe front of the building to the highest point of the roof. 2. Severability clause. If any part, section of subdivision of its ordinance shall be held unconsti. tutional or Invalid for any reason, such holding shall not be con- strued to invalidate or impair the iremainder of this ordinance, which shall continue in full force and ef- t fact not withstanding such hold. � ing. 3. Effective date: This ordi. nance shall take effect upon its due adoption and publication as required by law. End of Proposed Ordinance All persons who desire shall have an opportunity to be heardn favor of, or in opposition to, this Proposed Ordinance and are cor• dilly Invited to be present. Gent'ce W.Johnson, City Clerk C-12.30 AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: pThe Baldwin Times, Bay Minette, AL pThe Bulletin, Daphne, AL ❑The Fairhope Courier, Fairhope, AL ❑The Independent, Robertsdale, AL O The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL ❑ The Ledger, Elberta - Lillian, 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 _& /o- X , /'% TOTAL: $ 1 i• Og Legal Ad Representative n Gina Lindell BILL TO: L", (!j L) Fu trh oo e- ATTN P.O./File Number FOR OFFICE USE ONLY — - - - -- Paid ...................... Unpaid....... ..... .............. Account No. 4,000 Gulf L Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin Sworn to and subscribed before me this - day of 20 D Notary/0ublic, Baldwin County, Alabama MY COMMISS.ON EXPIRES MAY 22, 2002 Second Notice of Public Haring Notice is hereby given the sea and time that the Falrhope city Council will hold a Public Hearing on a proposed Ordinance Amend. Ing Zoning Ordinance No. 557; on I Monday, January 22, 2001, 6:00 t ,1P,m,, Fairhope Municipal Complex Council Chamber, 161 North Sec- tion Street, Fairhopel ersons , AL 36532. havelan opportunity to belheard In re l favor of, or in opposition to, this Proposed Ordinance and are cor• I dially Invited to be present. Synopsis of proposed ordl. nance to be considered: Ordinance printed in full in December 30, 2000 issue of the Falrhope Courier: An Ordinance to amend Article II Definition of Terms Section 2.2.036 Building Height. C•1.6 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 r The Islander, Gulf Shores, AL ❑ The Elberta-Lillian Ledger, Elberta, AL 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 .1-a-7) -)-6�)- k, r -7 TOTAL: $ Legal Ad Represe ative /a Lisa Sangster BILLTO: (.(, ., D-f ker'bove, ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid ....... ....... . Account No. ("� n U D Gulf C 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 this 2 day of G/ 20 0 Notary Public, Baldwin County, Alabama Ordinance No.1102 An Ordinance amending Ordinance No. 557, known as the Zoning ordinance to amend Article II Definition of Terms Section 2.2.036 Building Height The ordinance known as the Zoning Ordinance (No. 557) adopted 11 August 1975, is changed and altered as described below: Whereas, the City of Fairhope, Alabama has established in the Zoning Ordinance a definition for building height; and, Whereas, the City of Fairhope, Alabama, wishes to further define what is meant and how to measure I building heights; and, Whereas, the City of Falrhope, Alabama encourages quality development throughout the City for the betterment of the community and the citizens of Fairhope, Alabama: Now therefore after appropriate public hearing and notices be it ordinance by the City Council of I the City of Fairhope, Alabama; 1. That, in Zoning Case 00.18 Article 11 Definition of Terms, Section 2.2.036 Building Height shall be hereby amended to read as follows: t Building Height: The vertical distance measured from the t average natural elevation of the lot at the front of the building to the highest point of the roof. 2. Severability clause. If any part, section of subdivision of its ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect not withstanding such holding. 3. Effective date: This ordinance shall take effect upon its due adoption and publication as required by law. Adopted this 22nd day of January,2001. Timothy M. Kant, Mayor t Geniece W. Johnson, City Clerk a C-1.27�