HomeMy WebLinkAboutO-1138ORDINANCE NO. 1138
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT
OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND
OTHERWISE REGULATING THE USE OF PROPERTY IN THE
VICINITY OF THE FAIRHOPE MUNICIPAL AIRPORT BY CREATING
THE APPROPRIATE ZONES AND ESTABLISHING THE
BOUNDARIES THEREOF; ESTABLISHING HEIGHT LIMITS WITHIN
SUCH ZONES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH
ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING
TO THE FAIRHOPE MUNICIPAL AIRPORT ZONING MAP WHICH IS
INCORPORATED IN AND MADE A PART OF THIS ORDINANCE;
AND PROVIDING REMEDIES FOR VIOLATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, WHILE IN REGULAR SESSION AT THE FAIRHOPE CITY HALL ON
10 DECEMBER 2001, as follows:
ARTICLE 1. AUTHORITY AND ENACTMENT CLAUSE
The City Council of the City of Fairhope, Alabama, in pursuance of the authority
granted by Titles 4, Chapter 6, Section 1 through 15, Code of Alabama, 1975, hereby
ordains and enacts into law the following sections.
ARTICLE 2. SHORT TITLE
This Ordinance shall be known as and may be cited as "The Airport Height Zoning
Ordinance of the City of Fairhope, Alabama."
ARTICLE 3. FINDINGS
It is hereby found that an obstruction to navigable airspace has the potential for
endangering the lives and property of users of the Fairhope Municipal Airport and
property or occupants of land in its vicinity; that an obstruction may affect existing and
future instrument approach minimums of the Fairhope Municipal Airport; and that an
obstruction may reduce the size of areas available for the landing, take off, and
maneuvering of aircraft, thus tending to destroy or impair the utility of the Fairhope
Municipal Airport and the public investment therein. Accordingly, it is declared:
That the creation, establishment or maintenance of an obstruction has the
potential of being a public nuisance and may injure the area served by the
Fairhope Municipal Airport;
2. That it is necessary in the interest of the public health, public safety, and general
welfare that the creation, establishment, or maintenance of obstructions that are a
hazard to air navigation be prevented;
Ordinance No. 1138
10 December 2001
Page —2-
That the prevention of these obstructions should be accomplished, to the extent
legally possible, by the exercised of the police power without compensation;
and,
4. That the Fairhope Municipal Airport fulfills an essential community purpose.
ARTICLE 4. PURPOSE AND APPLICABILITY
Purpose —
The purpose of these regulations is to promote the health, safety and general welfare of
the inhabitants of the City by preventing the creation, establishment, or maintenance of
hazards to aircraft; preventing the destruction or impairment of the utility of the
Fairhope Municipal Airport and the public investments therein; and protecting the lives
and properties of owners or occupants of lands in the vicinity of said airport as well as
the users of said airport.
2. Applicability
The regulations set forth herein are applicable to all lands lying within all Approach,
Transitional, Horizontal, Conical Zones which are delineated on the Fairhope Municipal
Airport Height Zoning Map adopted as part of the Airport Height Zoning Ordinance of
the City of Fairhope, Alabama.
ARTICLE 5. DEFINITIONS
For the purpose of the Ordinance, certain terms and words are defined as follows:
(1) Airport - Fairhope Municipal Airport.
(2) Airport Board - The public advisory board serving the City of Fairhope in
matters relating to the airport.
(3) Established Airport Elevation - 94.0 feet above Mean Sea Level.
(4) Approach Surface - A surface longitudinally centered on the extended runway
centerline, extending outward and upward from the ends of the primary surface
and at the same slope as the approach zone height limitation slope set forth in
Article 7 of this Ordinance. In plan the perimeter of the approach surface
coincides with the perimeter of the approach zone.
(5) Approach, Transitional, Horizontal, and Conical Zones - These zones are set forth
in Article 6 of the Ordinance.
Ordinance No. 1138
10 December 2001
Page —3-
(6) Conical Surface - A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000
feet.
(7) Hazard to Air Navigation - An obstruction determined to have a substantial
adverse effect on the safe and efficient utilization of the navigable airspace.
(8) Heigh - For the purpose of determining the height limits in all zones set forth in
the Ordinance and shown on the airport zoning map, the datum shall be Mean
Sea Level unless otherwise specified.
(9) Horizontal Surface - A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter of the
horizontal zone.
(10) Nonconforming Use - Any pre-existing structure, object of natural growth, or
use of land which is inconsistent with the provisions of the Ordinance or an
amendment thereto.
(11) Non -precision Instrument Runway - A runway having an existing instrument
approach procedure utilizing air navigation facilities with only horizontal
guidance, or area type navigation equipment, for which a straight -in non -
precision instrument approach procedure has been approved or planned.
(12) Precision Instrument Runway - A runway having an existing precision
instrument approach procedure utilizing an instrument landing system (ILS)
equipment, a Precision Approach Radar (PAR), or Global Positioning System
(GPS) equipment. It also means a runway for which a precision approach(s) is
planned.
(13) Obstruction - Any structure, growth, or other object, including a temporary or
mobile object, which exceeds a limiting height set forth in Article 7 of this
Ordinance.
(14) Person - An individual, firm, partnership, limited partnership, corporation,
company, association, joint stock association or government entity; including a
trustee, a receiver, an assignee, or a similar representation of any of them.
(15) Primary Surface -A surface longitudinally centered on the runway. The primary
surface extends 200 feet beyond each end of the runway. The width of the
primary surface 1,000 feet. The elevation of any point on the primary surface is
the same as the elevation of the nearest point on the runway centerline.
(16) Runway -A defined area on an airport prepared for landing and take -off of
aircraft along its length.
Ordinance No. 1138
10 December 2001
Page —4-
(17) Structure - An object, including a temporary or mobile object, constructed or
installed by man, including but without limitation, buildings, bridges, poles,
antennas, towers, cranes, smokestacks, earthen formations, and overhead
transmission lines.
(18) Transitional Surfaces -These surfaces extend outward and upward at right angles
to the runway centerline and the extended runway centerline at a slope of 7:1
from the sides of the primary surface and from the sides of the approach
surfaces. Transitional surfaces for those portions of the precision approach
surfaces, which project through and beyond the limits of the conical surface,
extend a distance of 5,000-feet measured horizontally from the edge of the
approach surface and at right angles to the extended runway centerline.
(19) Tree - Any object of natural growth.
(20) Visual Runway - A runway intended solely for the operation of aircraft using
visual approach procedures.
ARTICLE 6. AIRPORT ZONES
To carry out the provisions of this Ordinance, there are hereby created and established
certain zones which include all of the land lying beneath the Approach Surfaces,
Transitional Surfaces, Horizontal Surface, and Conical Surface as they apply to the
Fairhope Municipal Airport. Such zones are shown on the Fairhope Municipal Airport
Height Zoning Map which is attached to this Ordinance and made a part hereof. An
area located in more than one of the following zones is considered to be only in the zone
with the more restrictive height limitations. The various zones are hereby established
and defined as follows:
1. Primary Zone -The primary zone extends 200 feet beyond each end of the
runway. The width of the primary zone is 1,000 feet. No structure or
obstruction will be permitted within the primary zone that is not essential to air
navigation or the movement of aircraft.
2. Non -precision Instrument Approach Zone - The inner edge of the Non -precision
Instrument Approach Zone coincides with the width of the primary zone and is
1,000 feet wide. The approach zone expands outward uniformly to a width of
4,000 feet at the horizontal distance of 10,000 feet from the primary zone. Its
center line is the continuation of the centerline of the runway.
Precision Instrument Approach Zone - The inner edge of the Precision
Instrument Approach Zone coincides with the width of the primary zone and is
1,000 feet wide. The approach zone expands outward uniformly to a width of
16,000 feet at the horizontal distance of 50,000 feet from the primary zone. Its
center line is the continuation of the centerline of the runway.
Ordinance No. 1138
10 December 2001
Page —5-
4. Transitional Zones - The transitional zones are the areas beneath the Transitional
Surfaces.
5. Horizontal Zones - The horizontal zone is established by swinging arcs of
10,000 feet radii from the center of each end of the primary surface of the
instrument runway and connecting the adjacent arcs by drawing lines tangent to
those arcs. The horizontal zone does not include the approach and transitional
zones.
6. Conical Zone - The conical zone is established as the area that commences at the
periphery of the horizontal zone and extends outward there from a horizontal
distance of 4,000 feet.
ARTICLE 7. AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow in any zone created by this Ordinance
to a height exceeding the elevation of any corresponding approach, transitional,
horizontal, or conical surface. Applicable heights of the approach, transitional,
horizontal, or conical surfaces, at various distances from the primary zone, are
established as follows:
1. Non -precision Instrument Approach Zone - The Non -precision Instrument
Approach Surface slopes thirty-four (34) feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10,000 feet along the extended runway
centerline.
2. Precision Instrument Approach Zone- The Precision Approach Zone slopes fifty
(50) feet outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance of 10,000
feet, with an additional 40,000 feet at a slope of forty (40) feet outward and one
foot upward.
3. Transitional Zones - Transitional surfaces slope seven (7) feet outward for each
foot upward beginning at the sides of and at the same elevation as the primary
surface and the approach surface, and extending to a height of 244 feet (MSL).
In addition to the foregoing, transitional surfaces for portions of the precision
approach surface project through and beyond the limits of the conical surface
and extend a distance of 5,000 feet measured horizontally from the edge of the
approach surface. These transitional surfaces slope seven (7) feet outward for
each foot upward beginning at the sides of and at the same elevation as the
precision approach surface.
Ordinance No. 1138
10 December 2001
Page —6-
4. Horizontal Zone - The horizontal surface for the Fairhope Municipal Airport is
established at 244 feet above mean sea level.
Conical Zone - The conical surface slopes twenty (20) feet outward for each foot
upward beginning at the periphery of the horizontal zone for a horizontal
distance of 4,000 feet.
6. Excepted Height Limitations - Nothing in this Ordinance shall be construed as
prohibiting the construction or maintenance of any structure or growth of any
tree to a height up to 35 feet above the surface of the land, except where such
structure or tree will be an obstruction to the height limitations described above.
ARTICLE 8. USE RESTRICTION
Notwithstanding any other provisions of the Ordinance, no use may be made of land or
water within any zone established by this Ordinance in such a manner as to create
physical or electrical interference with navigational signals or radio communication
between the airport and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using the airport, create bird
strike hazards, or otherwise in any way endanger or interfere with the landing, take off,
or maneuvering of aircraft intending to use the airport.
ARTICLE 9. NONCONFORMING USES
Regulations Not Retroactive - The regulations prescribed in this Ordinance shall
not be construed to require the removal, lowering, or other change or alteration
of any structure or tree not conforming to the regulations as of the effective date
of this Ordinance, or otherwise interfere with continuance of a nonconforming
use. Nothing contained therein shall require any change in the construction,
alteration, or intended use of any structure, the construction or alteration of
which was begun prior to the effective date of this Ordinance, and is diligently
prosecuted to completion within a reasonable time after such effective date.
2. Markin and nd Lighting - Notwithstanding the preceding provision of this Section,
the owner of any existing nonconforming structure or tree is hereby required to
permit the installation, operation, and maintenance thereon of such obstruction
markings and obstruction lights as shall be deemed necessary by the Zoning
Administrator to indicate to the operators of aircraft in the vicinity of the airport
the presence of such airport obstruction. Such obstruction markings and
obstruction lights shall be installed, operated, and maintained at the expense of
the City of Fairhope, Alabama.
Ordinance No. 1138
10 December 2001
Page —7-
ARTICLE 10. PERMITS
1. Future Uses - Except as specifically provided in a, b, and c hereunder, no
material change shall be made in the use of land, no structure shall be erected or
otherwise established, and no tree shall be planted in any prescribed zone hereby
created unless a permit has been applied for and granted. Each application for a
permit shall indicate the purpose for which the permit is desired, with sufficient
particularity to permit it to be determined whether the resulting use, structure, or
tree would conform to the regulations herein prescribed. If such determination is
in the affirmative, the permit shall be granted. No permit for a use inconsistent
with the provisions of this ordinance shall be granted unless a variance has been
approved in accordance with Article 10, Section 4, of this Ordinance.
a. In the area lying within the limits of the horizontal zone and conical
zone, no permit shall be required for any tree or structure less than
seventy-five feet of vertical height above the ground, except when,
because of terrain, land contour, or topographic features, such tree or
structure would extend above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones but at a horizontal
distance of not less than 5,000 feet from each end of the runway, no
permit shall required for any tee or structure less than fifty feet of vertical
height above the ground, except when such tree or structure would
extend above the height prescribed for such approach zones.
C. In the areas lying within the limits of the transition zones beyond the
perimeter of the conical zone, no permit shall be required for any tree or
structure less than seventy-five feet of vertical height above the ground,
except when such tree or structures, because of terrain, land contour, or
topographic features, would extend above the height limit prescribed for
such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or
intending to permit any construction, or alteration of any structure, or growth of any tree
in excess of any of the height limits established by this Ordinance except as set forth in
Article 7, Section 6.
2. Existing Uses - No permit shall be granted that would allow the establishment or
creation of an obstruction or permit a nonconforming use, structure, or tree to
become a greater hazard to air navigation, than it was on the effective date of
this Ordinance or any amendments thereto or than it is when the application for a
permit is made. Except as indicated, all applications for such a permit shall be
granted.
Ordinance No. 1138
10 December 2001
Page —8-
3. Nonconforming Uses Abandoned or Destroy - Whenever the Zoning
Administrator determines that a nonconforming tree or structure has been
abandoned or more than 50 percent destroyed, physically deteriorated, or
decayed (based on assessed value), no permit shall be granted that would allow
such tree or structure to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
4. Variances - Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree or use property not in accordance with the
regulations prescribed in the Ordinance, may apply to the Board of Adjustments
and Appeals for a variance from such regulations. The application for variance
shall be accompanied by a determination from the Federal Aviation
Administration as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace. Such variances shall
be allowed where it is duly found that a literal application or enforcement of the
regulations will result in unnecessary hardship and relief granted will not be
contrary to the public interest, will not create a hazard to air navigation, will do
substantial justice, and will be in accordance with the spirit of the Ordinance.
Additionally, no application for variance to the requirements of this Ordinance
may be considered by the Board of Adjustments and Appeals unless a copy of
the application and FAA determination has been furnished to the Airport Board
for advice as to the aeronautical effects of the variance. If the Airport Board
does not respond to the application within 15 days after receipt, the Board of
Adjustments and Appeals may act on its own to grant or deny said application.
Obstruction Markin and nd Lighting - Any permit or variance granted may, if such
action is deemed advisable to effectuate the purpose of the Ordinance and be
reasonable in the circumstances, be so conditioned as to require the owner of the
structure or tree in question to install, operate, and maintain, at the owner's
expense, such markings and lights as may be necessary. If deemed proper by the
Board of Adjustments and Appeals, this condition may be modified to require
the owner to permit the Airport Authority of the City of Fairhope, at its own
expense, to install, operate, and maintain the necessary markings and lights.
6. Permit Application Requirements - An application for a permit shall be
accompanied by a plat or plan showing the exact location of the lot to be built
upon and the elevation, height, and location of the proposed building, structure,
or use to be placed thereon, together with such other information as the zoning
compliance officer may deem necessary to enforce properly the provisions of
this Ordinance.
Ordinance No. 1138
10 December 2001
Page —9-
ARTICLE 11. ENFORCEMENT
It shall be in the duty of the Zoning Administrator to administer and enforce the
regulations prescribed herein. Applications for permits and variances shall be made to
the Zoning Administrator upon a form published for that purpose. Applications
required by this Ordinance to be submitted to the Zoning Administrator shall be
promptly considered and granted or denied. Application for action by the Board of
Adjustments and Appeals shall be forthwith transmitted by the Zoning Administrator.
ARTICLE 12. BOARD OF ADJUSTMENTS AND APPEALS
Powers - Board of Adjustments and Appeals shall have and exercise the
following powers:
To authorize in specific cases such as variance from the terms of the
Ordinance as will not be contrary to the public interest, where, owing to
special conditions, a literal enforcement of the provisions of the
Ordinance will result in unnecessary hardship, and so that the spirit of the
Ordinance shall be observed and substantial justice done. The Board
shall not grant a variance to the terms of this Ordinance if the hardship is
self-imposed by the applicant.
b. To hear and decide special exceptions to the terms of this Ordinance
upon which the Board of Adjustments and Appeals may be required to
pass under these regulations.
C. To hear and decide appeals form any order, requirement, decision, or
determination made by the Zoning Administrator in the enforcement of
the Ordinance.
2. Basis for Actions - The Board of Adjustments and Appeals shall make written
findings of facts and conclusions of law giving the facts upon which it acted and
its legal conclusions from such facts in reversing, affirming, or modifying any
order, requirement, decision, or Ordinance which comes before under the
provisions of this Ordinance.
Vote - The concurring vote of a majority of the members of the Board of
Adjustments and Appeals shall be sufficient to reverse any order, requirement,
decision, or determination of the Zoning Administrator or decide in favor of the
applicant on any matter upon which it is required to pass under this Ordinance,
or to effect variation to this Ordinance.
Ordinance No. 1138
10 December 2001
Page —10-
4. Retention of Documents - The Board of Adjustments and Appeals shall not be
required to return the original papers acted upon by it, but it shall be sufficient to
return certified or sworn copies thereof, or of such portions thereof, as may be
called on by such writ. The return shall concisely set forth such other facts as
may be pertinent and material to show the grounds of the decision appealed from
and shall be verified.
ARTICLE 14. JUDICIAL REVIEW
Any person aggrieved by any decision of the Board of Adjustments and Appeals, or the
Zoning Administrator, or any governing body of a political subdivision which is of the
opinion that a decision of the Board of Adjustments and Appeals or the Zoning
Administrator is an improper application of airport zoning regulations of concern to
such governing body, may appeal to the Circuit Court of Baldwin County as provided in
Title 4, Chapter 6, Section 11, Code of Alabama, 1975.
ARTICLE 15. REMEDIES FOR VIOLATIONS
In case any building or structure is erected, constructed, reconstructed, altered, repaired,
converted or maintained, or any building, structure or land is used in violation of this
Ordinance, the City Council, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of such building, structure or land to prevent any
illegal act, conduct, business or use in or about such premises.
ARTICLE 16. CONFLICTING REGULATIONS
In the event of conflict between the regulations of this Ordinance and any other
regulations applicable to the same area, whether the conflict be with respect to the
height of structures or trees, the use of land or any other matter, and whether such
regulations were adopted before or after the Airport Height Zoning Ordinance of the
City of Fairhope, Alabama, or by some other political subdivision, the more stringent
limitation or requirement shall govern and prevail.
ARTICLE 17. SEVERABILITY
If any of the provisions of this Ordinance, or the application thereof, to any person or
circumstances are held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are declared to be
severable.
10
Ordinance No. 1138
10 December 2001
Page —11-
ARTICLE 18. AMENDMENTS
The City Council may, from time to time, amend this Ordinance after receiving a report
thereon from the Planning Commission. The Planning Commission shall prepare a
preliminary report on any proposed amendment and hold public hearings thereon before
submitting its final report to the City Council. Upon receipt of the final report from the
Planning Commission, the City Council shall cause the proposed amendment to be
published at least once a week for two consecutive weeks in advance of its passage in a
newspaper of general circulation within the City, or, if there is no such newspaper, then
by posting the same in four conspicuous places within the City, together with a notice
stating the time and place that the amendment is to be considered by the City Council,
and stating further that at such time and place all persons who desire shall have an
opportunity to be heard in opposition to or in favor of such regulations. No such
regulations shall become effective until after a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to be heard.
ARTICLE 19. EFFECTNE DATE
This Ordinance shall take effect and be in force upon its adoption and publication as
required by law.
ADOPTED ON THE 1 Ot' day of December 52001
Attest:
Geniece W. Johnson,
Ti othy M Ka , Mayor
11
By:
FAIR1401'E PLANNING COMMISSION
FINAL REPORT OF ZONING AMENDMENT
Text Change to Zoning Ordinance
Request for change of Zonin<, District
Description and Nlap is attached
The Commission has held a public hearins> p on this matter pnor to this final report and wishes
to repoi7 to the rairhope City Council as follows: j
_ _�Ve (Do) (Do Not) recommend the proposed zoning text changes as wise,
exp-ecrTnt and necessary for the benefit of the City
We find that the proposed zoning district chang T I l d �e (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
Imp em r ing the proposed changes as provided by law -
Rev. 9/98
I aj
AFFIDAVIT:
This is to certify that the attached legal
notice/advertisement appeared in:
_ The Baldwin Times, Bay Nlinette, Al
_ The Bulletin, Daphne, Al
_ The Fairhope Courier, Fairhope, Al
The Independent, Robertsdale, Al
_ The Onlooker, Foley, Al
_ The Islander, Gulf Shores, Al
_ The Elberta[Lillian, Elberta, Al
a weekly newspaper published in Baldwin
C unty, Alabama.
Weekend Edition (includes The Fairhope Courier,
The Onlooker, The Islander, The Bulletin).
Publication Date: Cost: words/inches x rate
0-l GL IO 3 MW K, 1 "7
BILL
i
TOTAL:
Legal Ad Representative
Ca la Champion
TO:
ATTN:
P.O./File Number
FOR OFFICE USE ONLY /�
Paid Unpaid��Acct.#,___&a_)o/(0
Notice of Pub Ic Hearing —
Notice Is hereby given that the
Fairhope City Council will hold a I
Public Hearing on the following I
567 on Mon.
++propoggsed Ordinance emending
Zonlday, wrember 10,rdlnance 02001 at 5:30
Ep.m., Felrhope Municipal Complex
Council Chamber, 161 North Sec.
tlon Street, Felrhope, AL 36532.
haveAll Persons who desire shall
fopp� Opposition
to be heard In
Pavor of, orro sad Ordinance �and are cor•
dial yl invited to be present. I
�► Genie" W. Johnson,
Ch w
Gulf C, t Newspaper
P.O. Box 509
Robertsdale, Al 36567
Phone (251) 947-7712
State of Alabama
County of Baldwin
Sworn to and subscribed before
me this /% day of
20 el . MY C0M,.XSS;C;. EXPIRES MAY 22, 2002
Z � L e-
Notary Public,.Baldwin-Eounty,
Alabama
ORDINANCE NO.
I AN ORDINANCE REGULATING
THE USE OF AND ES -
I TABLISHINGPREMEOSE ATTENUA-
TION REQUIRNTS FOR THE
'3:-ym
CONSTRUCTION OF CERTAIN
r v tiu of the creatloe
or establishment of incompatible
STRUCTURES IN THE VICINITY OF
THE FAIRHOPE MUNICIPAL AIR.
I land uses, and the 611minstion, re -
PORT BY CREATING AN AIRPORT
moval, alteration, and mitigation
• are public purposes.
OVERLAY DISTRICT AND ESTAB.
LISHING THE BOUNDARIES
THEREOF; DEFINING CERTAIN
4That lend in the vicinity of the
airport has the potential of being
I
TERMS USED HEREIN; REFER.
exposed to sound levels of 65 Ldn
RING TO FAIRHOPE MUNICIPAL
end higher.'
AIRPORT OVERLAY ZONING MAP
5. That the construction of certain
noise sensitive developments In
WHICH IS INCORPORATED IN AND'
'MADE A PART OF THIS ORDI.
the vicinity of the airport should In. I
INANCE; PROVIDING FOR EN.
clude outdoor -to -indoor noise at-
tenuation features so as not to be
FORCEMENT; AND IMPOSING
PENALTIES.
Incompatible with existing and fu-
BE IT ORDAINED BY THE CITY
I lure noise levels.
OF THE CITY OF FAIR.
6. That the Felrhope Municipal Air -
port fulfills an essential communl-
ICOUNCIL
HOPE, ALABAMA, WHILE IN REG. I
ULAR SESSION AT THE FAIR-
ty purpose.
HOPE CITY HALL ON
I ARTICLE 4 PURPOSE AND AP -
IPLICABILITY
2001, as follows:
1. Purpose
A
ARTICLE I AUTHORITY AND EN
ATMEN7
The purpose of these regulations
Is to promote the health, safety, I
CLAUSE
The City CLAUSE
ouncil of the City of Falr•
and general welfare of the public
hope, Alabama, In pursuance of
the authority granted by Titles 4,
by preventing the creation and es -
I labllahment of lend uses Incom•
Chapter 6, Section 1 through 16,
pebble with the operetlorls of the
Code of Alabama, 1975, hereby or-
I Felrhope Municipal Airport and re -
I quiring the Incorporation of out-
dains and enacts Into law the fol.
lowing sections.
door -to -indoor noise attenuation
I ARTICLE 2 SHORT TITLE I
measures for the construction of
This Ordinance shall be known as
certain structures within the boun-
dary of the Airport Overlay District
and may be cited as AThe Airport
I Overlay DistrictZone.
ct Zoning Ordinance
Of the �Ity of Felrhope, Alabama.@
I For decades, residential housing
ARTICLE 3 FINDINGS
has been constructed near air -
pow, often without consideration
It Is hereby found that certain land
uses are Incompatible with noise
of the current and future airport I
generated by aircraft using the I
Fairhope
noise Impacts to homeowners. As
a result, millions of federal, state,
Municipal Airport and
that these land uses have the po-
and local dollars have been used I
tential to Impair the existing and I
future utility the
to pay for noise mitigation pro- I
grams in the United States.
of Fairhope Mu-
nicipal Airport
It has been determined that current
and the public In.
vestment therein. Accordingly, it
airport noise Impacts to residents
In the vicinity of the Fairhope Mu-
11. That the establishment and con.
nicipal Airport are minimal. How-
ever, the potential for future con -I
e4truction of noise sensitive devel-
}tQpments In the vicinity of the air•
Nlct seems certain given that the
I ores's residential growth and con+'
1 port have the potential of limiting I
the existing and future utility of the
�tlnued plena to promote develop!
— .
airport and may adversely affect
the region served by the Fairhope
Municipal Airport;
2. That noise sensitive develop.
ments In the vicinity of the airport
have the potential to become land
uses Incompatible with airport op•
orations over time and It is neces.
lhsary In the Interest of the public I
eaith, public safety, and general
welfare that the creation or estab-
lishment of Incompatible lend uses
be prevented. _ ,:=
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PAPERS, Saturday, November 10, Page -59I,
-�
GULF COAST NEWS
atruc units condominiums, recraa-
clonal tecllttles, commercial build-
construction, alteration, or Intend- o
ad use of any noise sensitive u
Inge, and office buildings, In which
structure, the construction or alter- n
nt In the vicinity of the airport
the activities of the occupants may
etion of which was begun prior to 3
The purpose of this plan is to pro- be adversely affected by alrcre
the effective date of this Ordl-
mote the Implementation of mod- noise.
nance, and Is diligently prosecuted B
eat measures that will prevent con-
iflicts between future residential
(homeowners and the airport that
jcould require expensive retroac-
itive noise Insulation programs,
,residential relocation programs,
)end restrictions on the efficient op.
teration of the Falrhope Municipal
Airport.
2. Applicability
The regulations set forth herein
kere applicable to all lands lying
within the Airport Overlay District
Zone which is delineated on the
Falrhope Municipal Airport Overlay
Zoning Map adopted as part of the
Airport Overlay District Zoning Or-
dinance of the City of Falrhope,
Alabama.
ARTICLE 5 DEFINITIONS
I For the purpose of the Ordinance,
certain terms and words are de-
fined as follows:
(1) Airport- Falrhope Mu-
nicipal Airport.
(2) Airport Board - The
advisory board of the City of Falr-
hope organized to consult the City
on matters concerning aviation
and the operation of the airport.
(3) Avlgatlon Easement -
An easement over a parcel of land
for the special purpose of protect-
Ing navigable airspace and provid-
Ing the right to generate noise and
other effects caused by the opera-
tion of aircraft over sold property.
(4) DayNight Sound Lev.
c, r -
noise Index which estimates the
exposure to aircraft noise and re-
lates the estimated exposure to an
expected community response.
The DayNight Sound Level noise
metric assesses a 10 dB penalty to
all noise events occurring between
10:00 p.m. and 7:00 a.m.
(5) Noise Sensitive Structure - An
ifnhabitable or occupied structure
Including, but not necessarily re-
stricted to, temporary or mobile
structures, apartment buildings,
'hospitals, schools, churches, day
care facllities, hotels,, residential
(6) Nonconforming Use - An � pre-
existing structure or use o land
which is Inconsistent with the pro-
visions of the Ordinance or an
amendment thereto.
1(7) Obstruction - Any structure,
growth, or other object, including a
Jmobile object, which exceeds a
limiting heght set forth In Federal
Aviation Regulations Part 77.
(8) Person - An Individual, firm,
partnership, limited partnership,
corporation, company, associa-
tion, joint stock association or
government entity; Including a
trustee, a receiver, an assignee, or
a almller representation of any of
them.
(9) Runway - A defined area on an
airport prepared for landing and
take- off of aircraft along its length.
(10) Structure- An object,
Including a mobile object, con-
structed or Installed by man, in-
cluding but without limitation,
buildings, towers, cranes, smoke-
stacks, earth formation, and over-
head transmission lines.
ARTICLE 6 AIRPORT ZONES
To carry out the provisions of this
Ordinance, there Is hereby created
and established an Airport Overlay
District Zone which Includes all of
the land lying within the boundary
of the Airport Overlay District as It
applies to the Falrhope Municipal
Airport The Airport Overlay Dis-
trict Is shown on the Falrhope Mu-
nicipal Airport Overlay District Maapp
which'ls attached to this Ordl-
nonce and made a part hereof.
ARTICLE7 AIRPORT NOISE
OVERLAY DISTRICT REQUIRE-
MENTS
Except as otherwise provided in
this Ordinance, noise sensitive
structures erected or substantially
altered within the boundary of the
Airport Overlay District are re-
quired to Incorporate outdoor -to -
Indoor noise level reduction meas-
ures Into the design and/or con-
struction of the structure.
1. Not" Attenuation Performance
Standards - The performance
standard for the level of sound at-
tenustion for noise sensitive struc-
tures constructed in the Airport
Overlay District Zone will be equiv-
alent to achieving an Interior noise
level of 45 dB (A -weighted) when
the structure Is exposed to an out-
door noise exposure level of 65
Ldn or higher.
2. Noise Attenuation Methods -
Noise reduction may be accom-
plished through design standards
and/or construction materials.
Noise attenuation design meas-
ures and materials are referenced
In the City Standard Building Code
o1 the City of Falrhope, as amend-
ed. In all cases, construction must
conform with the general require-
ments of the City Standard Bulld-
Ing Code of the City of Falrhops,
as amended.
3. Noise Attenuation in Noise Sen-
sitive Commercial Structures - On-
ly those portions of commercial
structures associated with noise
sensitive activities must Incorpo-
rate noise level reduction meas-
ures sufficient to achieve an Interi-
or noise level of 45 d8 (Awelghted)
when the structure Is exposed to
an outdoor noise exposure level of
65 Ldn or higher.
4. Certification - Noise attenuation
capability of a proposed noise ten-
sitive structure shall be certified
on the building plans by a regis-
tered architect, engineer, or acous-
ticlon.
5. Avlgation Easement - The own-
er applying for approval to con-
struct a noise sensitive structure
or residential subdivision within
the area under the Runway Ap-
proach Surfaces located within the
Airport Noise Overlay District shall
agree to grant to the Falrhope Air-
port Authority, without compensa-
tion; an evigation easement for the
passage of aircraft and the right to
cause In all airspace above the
surface of the Grantorzs property
such noise and other effects that
may be caused by aircraft operat-
ing at the Falrhope Municipal Alr-
RTICLE 8 USE RESTRICTION
Notwithstanding any other provl-
slons of the Ordinance, no use
may be made of structures, land,
or water within the Airport Overlay
District Zone established by this
Ordinance in such a manner as to
create physical or electrical Inter-
ference with navigational signals
or radio communication between
the airport and aircraft, make It dH-
ficult for pilots to distinguish be-
tween airport lights and others, re-
sult In glare' In the eyes of pilots
using the airport, create bird strike
hazards, or otherwise In any way
endanger or Interfere with the
landing, take off, or maneuvering
of aircraft Intending to use the air!
ARTICLE9 NONCONFORMING
USES
1. Regulations Not Retroactive -
The regulations prescribed In this
Ordinance shell not be construed
to require the removal, sound-
proofing, or other change or altera-
tion of any noise sensitive struc-
ture not conforming to the reguls-
lions as of the effective date oi this
Ordinance. or ntherwise Interfere
with continuance of a nonconform-
Ing use. Nothing contained therein
shall require any change In the
to completion within a reasonable s
time after such effective date. o
2. Building Additions - A non -con- d
forming noise sensitive structure u
existing at the time this Ordinance t
Is enacted may be extended or en-
larged, provided the extension or t
enlargement to the structure meets if
the requirements of this Ordi- 4
nance. B
3. Nonconforming Uses Aban- s
doned or Destroyed • Whenever o
the Zoning Administrator deter- b
mines that a nonconforming noise c
sensitive structure has been aban-
doned, or more than 60 percent de-
stroyed, physically deteriorated, or t
decayed (based on assessed val-
ue), the rebuilding or repair of the a
structure will require that the own
er comply with the requirements of
this Ordinanc
ARTICLE 10 PERMITS
1. Permit Required • No noise sen-
sitive structure shall be erected or
otherwise established In the Air- I
port Overlay District hereby creat-
ed unless a permit has been ap- t
piled for and granted. Each appli
cation for a permit shall indicate
the purpose for which the permit Is I
desired, with sufficient pardcularl-
ty to determine whether the result-
Ing structure would conform to the t
regulations herein prescribed. If
such determination Is in the affir-
mative, the permit shall be grant-
ed. No permit for a use Inconsis-
tent with the provisions of this or-
dinance shall be granted unless a I
variance has been approved in ac-
cordance with Article 10, Section
2, of this Ordinance.
2. Variances - Any person desir-
Ing to erect or substantially alter a
Me sensitive structure not in ac-
cordance with the regulations pre-
scribed In the Ordinance, may ap-
ply to the'Board of Adjustments
end Appeals for a variance from
such regulations. Such variances
shall be allowed where It Is duly
found that a literal application or
enforcement of the regulations will
result In unnecessary hardship
and relief granted will not be con-
trary to the public Interest, will not
create, or have the potential to cre-
ate, an Incompatible land use, will
do substantial justice, and will be
In accordance with the spirit of the
Ordinance. Additionally, no appli-
cation for variance to the require-
ments of this Ordinance may be
considered by the Board of Adjust-
ments and Appeals unless a dopy
of the application has been fur-
nished to the Airport Authority for
advice as to the effect of the var-
iance on the current and long-term
operation of the airport. tt the Air-
port Authority does not respond to
the application within 15 days after
receipt, the Board of Adjustments
and Appeals may act on is own to
grant or deny said application.
3 Permit Application Require-
ments - An application for a permit
shell be accompanied by a plat or
plan showing the location of the
lot to be built upon and the loca-
tion of the proposed structure; a
certification from a registered ar-
chitect, engineer, or acoustician
that the plans for the structure in-
clude noise attenuation measures
adequate to meet the requirements
of this to
together with
such other Information as the Zon-
Ing Administrator may deem nec-
essary to enforce properly the pro-
visions of this Ordinance.
ARTICLE 11 ENFORCEMENT
It shell be the duty of the Zoning
Administrator to administer and
enforce the regulations prescribed
herein. Applications for permits
and variances shall be made to the
Zoning Administrator upon a form
published for that purpose. Appll-
oatlons required by this Ordinance
o be submitted to the Zoning Ad-
inlstretor shall be promptly con -
dared and granted or denied.
,pplicetion for action by the Board
f Adjustments and Appeals shall
re forthwith transmitted by the
!oning Administrator.
ARTICLE 12 BOARD OF ADJUST-
MENTS AND APPEALS
1. Powers - The Board of Adjust-
ments and Appeals shall have and
exercise the following powers:
a. To authorize In specific cases
such variance from the terms of
the Ordinance as will not be con-
trary to the public Interest, where,
owing to special conditions, a liter-
al
enforcement of the provisions of
the Ordinance will result In unnec-
esaary hardship, and so that the
spirlt of the Ordinance shall be ob-
served and substantial justice
done. The Board shell not grant a
variance to the terms of this Ordi-
nance tt the hardship is self-im-
posed by the applicant.
b To freer and decide special ex-
ceptions to the terms of this Ordi-
nance upon which the Board may
be required to pass under these
regulations.
c. To hear and decide appeals
from any order, requirement, decl-
slon, or determination made by the
Zoning Administrator in the en-
forcement of the Ordinance.
2. Basis for Actions - The Board
of Adjustments and Appeals shall
make written findings of facts and
conclusions of law giving the facts
upon which It acted and Its legal
conclusions from such facts In re-
versing, affirming, or modifying
any order, requirement, decision,
r Ordinance w ch comes before
rider the provisions of this Ordl- 1
once.
Vote - The concurring vote of a
majority of the members of the
oard of Ad istments and Appeals
hall be ssiclent to reverse any
rder, requirement, decision, or
eterminatlon of the Zoning Ad-
,whiodfur or decide In favor ui
he applicant on any matter upon
which it Is required to pass under
his Ordinance, or to effect varia-
on to this Ordinance.
. Retention of Documents - The
oard of Adjustments and Appeals
hell not be required to return the
riginal papers acted upon by It,
ut it shall be sufficient to return
ertified or sworn copies thereof
or of such portions thereof as may
be called on by such writ. The re -
urn shall concisely set forth such
other facts as may be pertinent
nd materiel to show the grounds
of the decision appealed from end
shall be verified.
ARTICLE 14 JUDICIAL REVIEW
Any person aggrieved by any deci-
sion of the Board of Adjustments
and Appeals or the Zoning Admin-
strator, or any ggovernlny body of
e political subdavtalon which Is of
he opinion that a decision of the
Board of Adjustments and Appeals
or the Zoning Administrator Is an
mproper application of airport
zoning regulations of concern to
such governing body, may appeal
o the Circuit Court of Baldwin
County as provided In Title 4,
Chapter 6, Section 11, Code of Ala-
bama,1975.
ARTICLE 15 REMEDIES FOR VIO-
LATIONS
n case any building or structure is
erected, constructed, reconstruct-
ed, altered, repaired, converted or
maintained, or any building, struc-
ture or land Is used In violation of
this Ordinance, the City Council, In
addition to other remedies, may in-
stitute any appropriate action or
proceedings to prevent such un-
lawful erection, conn,itruction, re-
construction, alter).tlon, repair,
conversion, maintenance or use,
to restrain, correct or abate such
violation, to prevent the occupan-
cy of such building, structure or
lend to prevent any Illegal act, con-
duct, business or use In or about
such Premises.
ARTICLE 16 CONFLICTING REGU-
LATIONS
In the event of conflict between the
regulations of this Ordinance and
any other regulations applicable to
the same area, whether the conflict
be with respect to the use of lend
or any other matter, and whether
such regulations were adopted be-
fore or after the Airport Overlay
District Zoning Ordinance of the
City of Falrhope, Alabama, or by
some other political subdivision,
the more stringent limitation or re-
quirement shell govern and pre-
vail.
ARTICLE 17 SEVERABILITY
If any of the provisions of this Or-
dinance or the application thereof
to any person or circumstances
are held Invalid, such Invalidity
shall not affect other provisions or
applications of the Ordinance
which can be given effect without
the Invalid provision or applica-
tion, and to this end, the provi-
sions of this Ordinance are de-
clared to be unseverable.
ARTICLE 18 AMENDMENTS
The City Council may, from time to
time, amend this Ordinance after
receiving a report thereon from the
Planning Commission. The Plan-
ning Commission shell prepare a
preliminary report on any pro-
posed amendment and hold public
hearings thereon before submit-
ting Its final report to the City
Council. Upon receipt of the final
report from the Planning Commis-
sion , the City Council shall cause
the proposed amendment to be
published at least once a week for
two consecutive weeks In advance
of Its passage In a newspaper of
general circulation within the City,
or, if there Is no such newspaper,
then by posting the same In four
conspicuous places within the
City, together with a notice stating
the time and place that the amend-
ment Is to be considered by the
City Council, and stating further
that at such time and place all per-
sons who desire shall have an op-
portunity to be heard In opposition
to or In favor of such regulations.
No such regulations shall become
effective until after a public hear•
Ing in relation thereto, at which
parties in Interest and citizens
shell have an opportunity to be
heard.
END OF PROPOSED ORDINANCE
ARTICLE 19 EFFECTIVE DATE
This Ordinance shall take effect
end be In force upon Its adoption
end publication as required by law.
ADOPTED ON THE day of
,2001
Mayor
(Seat)
Attest:
City Clerk I
1 C•11.10
AFFIDAVIT:
This is to certify that the attached legal
notice/advertisement appeared in:
_ The Baldwin Times, Bay Nlinette, Al
_ The Bulletin, Daphne, Al
t--
The Fairhope Courier, Fairhope, Al
_ The Independent, Robertsdale, Al
_ The Onlooker, Foley, Al
_ The Islander, Gulf Shores, Al
_ The Elberta/Lillian, Elberta, Al
a weekly newspaper published in Baldwin
County, Alabama.
Weekend Edition (includes The Fairhope Courier,
The Onlooker, The Islander, The Bulletin).
Publication Date: Cost: words/inches x rate
c l u 113 )C-1-7
TOTAL: S
Legal Ad Representative
Carla Champio I-
BILL TO:
ATTN :
P.O./File Number
FOR OFFICE USE ONLY
Paid Unpaid_Acct.#
Gulf C Newspaper
P.O. Box 509
Robertsdale, Al 36567
Phone (251) 947-7712
State of Alabama
County of Baldwin
Sworn to and subscribed before
me this day of
20 O/. MY COMMISUN EXPIRES hMAY' 2, 2002
Notary Public, Baldwin County,
Alabama
Second Notice of Publk Nearing
Notice is hereby given the
second time that the Falrhope City
Council will hold a Public Hearing
on a proposed Ordinance
Amending Zoning Ordinance No.
557 on Monday, December 10,
2001 at 5:30 p.m., Falrhope
Municipal Complex Council
Chamber, 161 North Section
Street, Falrhope, AL 36532
All persons who desire shall
have an opportunity to be heard in
favor of, or in opposition to, thisl
proposed Ordinance and arej
cordially Invited to be present
Synopsis of proposed I
ordinance to be considered:
Ordinance printed In full In1
November 10, 2001 Issue of do'
Falrhope Courier.
An ordinance amending the
Zoning Ordinance 667 establNNng'
an Ahport Ndae Zoning Dlatrkt
C•it•17.
I
// ) 6. -g-/d /
FAIRI-IOPE PLANNING COMMISSION
FINAL REPORT OF ZONING AMENDMENT
1 Text Change to Lolllll� Ordinance
Request for change of Zoning District
1 v: 1,�}
(Al i ant)
I
Description and lMap is attached
i
The Commission has held a public hearim, oil this matter prior to this final report and \vlslles
to report to the I:airhope City Council as follows: I
Rev. 9/9S
1t'e (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 zonin; district change (Is) (Is Not) in conformity
%"th 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
i�implementing the proposed changes as provided by law.
CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
10 December 2001
ZC 01.15 Public Hearing to Consider the Creation of the Airport Height
Hazard Zoning District
Mr. Peter Green will be making the presentation regarding the proposed Airport Height
Hazard zoning district. The purpose of the district is to control tall structures such as
cell towers, tv towers and the like in order to protect airspace. The district allows 2
story residential construction.
Attached is a map of the district and the proposed ordinance.
The Planning Commission recommended approval of this request.
Respectfully Submitted,
Christopherp. Baker, AICP
Director of tanning 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
_ The Elberta/Lillian, Elberta, Al
a weekly newspaper published in Baldwin
County, Alabama.
Weekend Edition (includes The Fairhope Courier,
he Onlooker, The Islander, The Bulletin).
Publication Date: Cost: words/inches x rate
CI -16 Z"g S- X. 1,7
TOTAL: Ll s-.061b ki 0 " /.wnJ
J S-
t:2 0
Legal Ad Representative
Ca
Champion
BILL TO: afu
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid Unpaid _Acct.# loon (0
Gulf C , Newspaper
P.O. Box 509
Robertsdale, Al 36567
Phone (251) 947-7712
State of Alabama
County of Baldwin
Sworn to and subscribed before
me this day of
20 D/ MY COPJiMISS.. ,kPInES ."y^AY 22, 2002
! otary Public, Baldwin County,
Alabama
j Notice of Public Public Haring
l Notice Is hereby given that the
II It is herdVffo4nd'thBt�n ob-'
struction to navigable airspace has{
Falrhope City Council will hold a
the potential for endangering the
Public Hearing on the following
lives and property of users of thel
Fairhope Municipal Airport and
p roposed Ordinance amending
Zoning Ordinance No. 557 on Mon
Property or occupants o1 land Ind
-
day, December 10, 2001 at 5:30
Its vicinity; that an obstruction
may affect existing and future In
p.m., Fairhope Municipal Complax
Council Chamber, 161 North Sec-
strument approach minimums of r
Lion Street, Falrhope, AL 36532.
All persons who desire shalt
the Fairhope Municipal Airport;
and that an obstruction may re-
have an opportunity to be heard In
duce the size of areas available for
favor of, or In opposition to, this
the landing, take off, and maneu- I
vering of aircraft, thus tending to
proposed Ordinance and are cor-
dialsy Invited to be prsent.
Gen lace W. Johnson,
destroy or impalr the utility of the t
Falrhope Municipal Airport and the
City Clerk
t ublic Investment therein. Accord-
Pngly,
It is declared:
ORDINANCE NO.
1. That the creation, es.
AN ORDINANCE REGULATING F, tablishment or maintenance of an
AND RESTRICTING THE H�EIGHyT obstruction has the potential of
OF STRUCTURES AND OSUM'rS
being a public nuisance and may
OF NATURAL GROWTH, AND r
I injure the area served by the Fair.
OTHERWISE REGULATING THE
hope Municippal Airport;
USE OF
TY OF THE PA RHOPE MUN CPERTY IN THEI PIAL t
In the In-
I ter st oftthe public henecessaalth, public
AIRPORT BY CREATING THE AP•
safety, and general welfare that the
PROPRIATE ZONES AND ESTAB.
LISHING THE BOUNDARIES
creation, establishment, or mainte.
I nance of obstructions that are a,
THEREOF; ESTABLISHING
Ihazard to air navigation be pre-
HEIGHT LIMITS WITHIN SUCH
ZONES; PROVIDING FOR EN.
vented;
3.That the prevention of these.
FORCEMENT; PROVIDING FOR
lobstructlons should be accom.
CHANGES IN THE RESTRICTIONS
plished, to the extent legally possl-j
AND BOUNDARIES OF SUCH
bLle by the exercised of the police
ZONES; DEFINING CERTAIN
TERMS USED HEREIN; REFER•
RING TO THE FAIRHOPE MUNICI-
PAL AIRPORT ZONING MAP
WHICH IS INCORPORATED IN AND
MADE A PART OF THIS ORDI.
NANCE; AND PROVIDING REM.
EDIES FOR VIOLATIONS.
BE IT ORDAINED BY THE CITY
t COUNCIL OF THE CITY OF FAIR.
HOPE, ALABAMA, WHILE IN REG. F
ULAR SESSION AT THE FAIR.
HOPE CITY HALL ON
2001, asfollows:
ARTICLE I AUTHORITY AND EN-
t ACTMENT CLAUSE
tl The City Council of the City of Fair.
hope, Alabama, In pursuance of
tl the authorlty granted by Titles 4,
Chapter 6, Section 1 through 15,
° Code of Alabama, 1975, hereby or.
dains and enacts Into law the fol-'
lowing sections.
ARTICLE 2 SHORT TITLE
This Ordinance shall be known,
as and may be cited as "The Air-
port Height Zoning Ordinance of l
the City of Falrhope, Alabama." i
ARTICLE 3FINDINGS
AdItthout compensation; and,
That the Falrhope Mu-
Alrport fulfills an essential
community purpose.
ARTICLE 4 PURPOSE AND AP-
PLICABILITY
1. Purpose
The purpose of these regulations
Is to promote the health, safety
and general welfare of the Inhabi-
tants of the City by preventing the
creation, establishment, or mainte-
nance of hazards to aircraft; pre-
venting the destruction or Impair-
ment of the utility of the Feirhope
Municipal Airport and the public
Investments therein; and protect-
Ing the lives and properties of
owners or occupants of lands In
the vicinity of said airport as well
as the users of said airport.
2. Applicability
The regulations set forth herein
are applicable to all lands lying
within all Approach, Transitional,
Horizontal, Conical Zones which
are delineated on the Falrhope Mu-
nicipal Airport Height Zoning Map
adopted as part of the Airport
Height Zoning Ordinance of the
City of Falrhope, Alabama.
ARTICLE 5 DEFINITIONS
For the purpose of the Ordinance,
certain terms and words are de-
fined as follows:
(1) Airport- FelrhopeMu-
nicipal Airport.
(2)Airport Board - The public advi-
sory board serving the City of Fair -
hope In matters relating to the air-
port.
(3) Established Airport Elevation -
94.0 feet above Mean Sea Level.
(4)Approach Surface - A surface
longitudinally centered on the ex-
tended runway centerline, extend-
ing outward and upward from the
ends of the primary surface and at
the same slope as the approach
zone height limitation slope set
forth In Article 7 of this Ordinance.
In plan the perimeter of the ap-
proach surface coincides with the
perimeter of the approach zone.
(5)Approach, Transitional, Hori-
zontal, and Conical Zones - These
zones are set forth In Article 6 of
the Ordinance.
(6)Conical Surface - A surface ex-
tending outward and upward from
the periphery of the horizontal sur-
face at a slope of 20 to 1 for a hori-
zontal distance of 4,000 feet.
(7)Hazard to Air Navigation - An
obstruction determined to have a
substantial adverse effect on the
safe and efficient utilization of the
navigable airspace.
(8)Helght - For the purpose of de-
termining the height limits In all
zones set forth In the Ordinance
and shown on the airport zoning
map, the datum shall be Mean Sea
Level unless otherwise specified.
(9)Horizontal Surface - A horizontal
plane 150 feet above the establish-
ed airport elevation, the perimeter
of which In plan coincides with the
perimeter of the horizontal zone.
(10)Nonconforming Use - Any pre-
existing structure, object of natural
growth, or use of land which Is In -
the Ordinance or an amendment
thereto.
(11)Non-precision Instrument Run-
way - A runway having an existing
Instrument approach procedure
utilizing air navigation facilities
with only horizontal guidance, or
area type navigation equipment,
for which a straight -In non-precl-
sion Instrument approach proce-
dure has been approved or plan-
ned.
(12)Precision Instrument Runway -
A runway having an existing pre-
cision Instrument approach proce-
dure utilizing an Instrument land-
Ing system (ILS) equipment, a Pre-
cision Approach Radar (PAR), or
Global Positioning System (GPS)
equipment. It also means a run-
way for which a precision sp-
proach(s)Is planned.
(13)Obstructlon - Any structure,
growth, or other object, Including a
temporary or mobile object, which
exceeds a limiting height set forth
In Article 7 of this Ordinance.
(14)Person - An individual, firm,
partnership, limited partnership,
corporation, company, associa-
tion, joint stock association or
government entity; Including a
trustee, a receiver, an assignee, or
a similar representation of any of
them.
(15)Primary Surface -A surface lon-
gitudinally centered on the run-
way. The primary surface extends
200 feet beyond each end of the
runway. The width of the primary
surface 1,000 feet. The elevation
of any point on the primary surface
Is the same as the elevation of the
nearest point on the runway cen-
terline.
(16)Runway - A defined area on an
airport prepared for landing and
take -off of aircraft along Its length.
(17)Structure - An object, including
a temporary or mobile object, con-
structed or installed by man, In-
cluding but without limitation,
buildings, bridges, poles, anten-
nas, towers, cranes, smokestacks,
earthen formations, and overhead
transmission lines.
(18)Transltional Surfaces -These
surfaces extend outward and up-
ward at right angles to the runway
centerline and the extended run-
way centerline at a slope of 7:1
from the sides of the primary sur-
face and from the sides of the ap•
proach surfaces. Transitional sur-
faces for those portions of the pre-
cision approach surfaces, which
roect through and beyond the
Imits of the conical surface, ex-
tend a distance of 5,000-feet meas-
ured horizontally from the edge of
the approach surface and at right
angles to the extended runway
centerline.
(19)Tree - Any object of natural
growth.
(20)Visual Runway - A runway In-
tended solely for the operation of
aircraft using visual approach pro-
cedures.
ARTICLE 6 AIRPORT ZONES
To cant' out the provisions of this
Ordinance, there are hereby creat-
ed and established certain zones
which Include all of the land lying
beneath the Approach Surfaces,
Transitional Surfaces, Horizontal
Surface, and Conical Surface as
they apply to the Falrhope Munici-
pal Airport. Such zones are shown
on the Falrhope Municipal Airport
Height Zoning Map which Is at-
tached to this Ordinance and made
a part hereof. An area located In
more than one of the following
zones is considered to be only In
the zone with the more restrictive
height limitations. The various
zones are hereby established and
defined as follows:
1.Primary Zone -The primary zone
extends 200 feet beyond each end
of the runway. The width of the
primary zone Is 1,000 feet. No
structure or obstruction will be
permitted within the primary zone
that Is not essential to air naviga-
tion or the movement of aircraft.
2.Non-precision Instrument Ap-
proach Zone - The Inner edge of
the Non -precision Instrument Ap-
proach Zone coincides with the
width of the primary zone and Is
1,000 feet wide. The approach
zone expands outward uniformly
to a width of 4,000 feet at the hori-
zontal distance of 10,000 feet from
the primary zone. Its center line Is
the continuation of the centeriine
runway.
Ion Instrument Approach
e Inner edge of the Preci-
trument Approach Zone
es with the width of the pri-
mary zone and is 1,000 feet wide.
The approach zone expands out-
ward uniformly to a width of 16,000
feet at the horizontal distance of
50,000 feet from the primary zone.
Its center line Is the continuation
of the centerilne of the runway.
4.Transitional Zones - The transi-
tionaT'zodes are the areas beneath
the Transitional Surfaces.
5.Horizontal Zones - The horizontal
zone is established by swinging
arcs of 10,000 feet radii from the
center of each end of the primary
surface of The Instrument runway
and connecting the adjacent arcs
by drawing lines tangent to those
arcs. The horizontal zone does not
Include the approach and transi-
tional zones.
6.Conical Zone - The conical zone
Is established as the area that
commences at the periphery of the
horizontal zone and extends out-
ward therefrom a horizontal dis-
tance of 4,000 feet.
ARTICLE 7 AIRPORT ZONE
HEIGHT LIMITATIONS
Except as otherwise provided In
this Ordinance, no structure shall
be erected, altered, or maintained,
and no tree shall be allowed to
grow In any zone created by this
Ordinance to a height exceeding
the elevation of any corresponding
approach, transitional, horizontal,
or conical surface. Applicable
heights of the approach, transi-
tional, horizontal, or conical surfa-
ces, at various distances from the
primary zone, are established as
follows:
1.Non-precision Instrument Ap-
proach Zone - The Non -precision
Instrument Approach Surface
slopes thirty-four (34) feet outward
for each foot upward beginning at
the end of and at the some eleva-
tion as the primary surface and ex-
tending to a horizontal distance of
10,000 feet along the extended run-
way centerline.
3. Precision Instrument Approach
Zone- The Precision Approach
Zone slopes fifty (50) feet outward
for each foot upward beginning at
the end of and at the same eleva-
tion as the primary surface and ex-
tending to a horizontal distance of
10,000 feet, with an additional
40,000 feet at a slope of forty (40)
feet outward and one foot upward.
4.Transitional Zones - Transitional
surfaces slope seven (7) feet out-
ward for each foot upward begin-
ning at the sides of and at the
same elevation as the primary sur-
face and the approach surface,
and extending to a height of 244
feet (MSL). In addition to the fore-
going, transitional surfaces for
portions of the precision approach
surface project through and be-
yond the Iimiteof the conical sur-
face and extend a distance of 5,0D0
feet measured horizontally from
the edge of the approach surface.
These transitional surfaces slope
seven (7) feet outward for each
foot upward beginning at the sides
of and at the same elevation as the
precision approach surface.
S.Horizontal Zone - The horizontal
surface for the Falrhope Municipal
Airport is established at 244 feet
above mean sea level.
6.Conical Zone - The conical sur-
face slopes twenty (20) feet out-
ward for each foot upward begin-
ning at the periphery of the hori-
zontal zone for a horizontal dis-
tance of 4,000 feet.
7.Excepted Height Limitations -
Nothing In this Ordinance shall be
construed as prohibiting the con-
struction or maintenance of any
structure or growth of any tree to a
height up to 35 feet above the sur-
face of the land, except where
such structure or tree will be an
obstruction to the height limita-
tions described above.
ARTICLE BUSE RESTRICTION
Notwithstanding any other provi-
sions of the Ordinance, no use
may be made of land or water with -
In any zone established by this Or-
dinance In such a manner as to
create physical or electrical Inter-
ference with navigational signals
or radio communication between
the airport and aircraft, make It dif-
ficult for pilots to distinguish be-
tween airport lights and others, re-
sult In glare In the eyes of pilots
using the airport, create bird strike
hazards, or otherwise In any way
endanger or Interfere with the
landing, take off, or maneuvering
of aircraft Intending to use the air-
port.
ARTICLE 9 NONCONFORMING
USES
1.Regulations Not Retroactive -
The regulations prescribed In this
Ordinance shall not be construed
to require the removal, lowering, or
other change or alteration of any
structure or tree not conforming to
the regulations as of the effective
date of this Ordinance, or other-
wise Interfere with continuance of
a nonconforming use. Nothing
contained therein shall require any
change In the construction, altera-
tion, or Intended use of any struc-
ture, the construction or alteration
of which was begun prior to the ef-
fective date of this Ordinance, and
Is diligently prosecuted to comple-
tion within a reasonable time after
such effective date.
2.Marking and Lighting - Notwith-
standiny the preceding provision
of this Section, the owner of any
existing nonconforming structure
or, tree Is hereby required to permit
the Installation, operation, and
maintenance thereon of such ob-
struction markings and obstruc-
tion lights as shall be deemed nec-
essary by the Zoning Administra-
tor to indicate to the operators of
aircraft In the vicinity of the airport
the presence of such airport ob-
struction. Such obstruction mark-
Ings and obstruction lights shall
be Installed, operated, and main-
tained at the expense of the City of
Falrhope, Alabama.
ARTICLE 10 PERMITS
1.Future Uses - Except as specifi-
cally provided In a, b, and c here-
under, no material change shall be
made In the use of land, no struc-
ture shall be erected or otherwise
established, and no tree shall be
planted In any prescribed zone
hereby created unless a permit has
been applied for and granted.
Each application for a permit shall
Indicate the purpose for which the
permit Is desired, with sufficient
particularity to permit It to be de-
termined whether the resulting
use, structure, or tree would con-
form to the regulations herein pre-
scribed. If such determination Is
In the affirmative, the permit shall
be granted. No permit for a use In-
consistent with the provisions of
this ordinance shall be granted un-
less a variance has been approved
In accordance with Article 10, Sec-
tion 4, of this Ordinance.
a.ln the area lying within the lim-
Its of the horizontal zone and coni-
cal zone, no permit shall be re-
quired for any tree or structure
less then seventy-five feet of verti-
cal height above the ground, ex-
cept when, because of terrain, land
contour, or topographic features,
such tree or structure would ex-
tend above the height limits pre-
scribed for such zones.
b.ln areas lying within the limits
of the approach zones but at a hor-
izontal distance of not less than
5,000 feet from each end of the
runway; ono permit shall required
for any tee or structure less than
fifty feet of vertical height above
ire yiuuuu,;iizw, i fur, suer` u;;
or structure would extend above
the height prescribed for such ap.
proach zones.
c.ln the areas lying within the
limits of the transition zones be-
yond the perimeter of the conical
zone, no permit shall be requireoAme,to
the terms of this Ordi-
for any'tree or structure less the
pon whlch'the Board of
seventy-five feet of vertical height
nts and Appeals may be
above the ground, except when
to pass under these regu-
such tree or structures, because of
lations.
terrain, land contour, or topo-
graphic features, would extend
c.To hear and decide appeals
above the height limit prescribed
form any order, requirement, decl-
sion, or determination made by the
for such transition zones.
Nothing contained In any of the
Zoning Administrator In the en.
forcement of the Ordinance.
foregoing exceptions shall be con-
strued as permitting or Intending
2.Basis for Actions - The Board of
to permit any construction, or al-
Adjustments and Appeals shall
make written findings of facts and
teration of any structure, or growth
of any tree In excess of any of the
conclusions of law giving the facts
height limits established by this
upon which It acted and Its legal
conclusions from such facts in re -
Ordinance except as set forth In
Article 7, Section 6.
versing, affirming, or modifying
2.Existing Uses - No permit shall
any order, requirement, decision,
or Ordinance which comes before
be granted that would allow the es-
tablishment or creation of an ob-
under the provisions of this Ordl-
struction or permit a nonconform-
ing use, structure, or tree to be-
come a greater hazard to air navl-
gatlon, than It was on the effective
date of this Ordinance or any
amendments thereto or than it Is
when the application for a permit
Is made. Except as indicated, all
applications for such a permit
shall be granted.
3.Nonconforming Uses Abandoned
or Destroyed - Whenever the Zon-
ing Administrator determines that
a nonconforming tree or structure
has been abandoned or more than
50 percent destroyed, physically
deteriorated, or decayed (based on
assessed value), no permit shall
be granted that would allow such
tree or structure to exceed the ap.
plicable height limit or otherwise
deviate from the zoning regula-
tions.
4.Variances - Any person desiring
to erect or Increase the height of
any structure, or permit the growth
of any tree or use property not In
accordance with the regulations
prescribed In the Ordinance, may
apply to the Board of Adjustments
and Appeals for a variance from
such regulations. The application
for variance shall be accompanied
by a determination from the Feder-
al Aviation Administration as to
the effect of the proposal on the
operation of air navigation facili-
ties and the safe, efficient use of
navigable airspace. Such varian-
ces shall be allowed where It Is du-
ly found that a literal application or
enforcement of the regulations will
result in unnecessary hardship
and relief granted will not be con-
trary to the public Interest, will not
create a hazard to air navigation,
will do substantial justice, and will
be in accordance with the spirit of
the Ordinance. Additionally, no
application for variance to the re-
quirements of this Ordinance may
be considered by the Board of Ad-
justments and Appeals unless a
copy of the application and FAA
determination has been furnished
to the Airport Board for advice as
to the aeronautical effects of the
variance. If the Airport Board does
not respond to the application
within 15 days after receipt, the
Board of Adjustments and Appeals
may act on Its own to grant or de-
ny said application.
5.Obstruction Marking and Light-
ing - Any permit or variance grant-
ed may, If such action Is deemed
advisable to effectuate the pur-
pose of the Ordinance and be rea-
sonable in the circumstances, be
so conditioned as to require the
owner of the structure or tree In
question to Install, operate, and
maintain, at the owner's expense,
such markings and lights as may
be necessary. If deemed proper by
the Board of Adjustments and Ap.
peals, this condition may be modi-
fied to require the owner to permit
the Airport Authority of the City of
Falrhope, at Its own expense, to In-
stall, operate, and maintain the
necessary markings and lights.
6.Permit Application Requirements
- An application for a permit shall
be accompanied by a plat or plan
showing the exact location of the
lot to be built upon and the eleva-
tion, height, and location of the
proposed building, structure, or
use to be placed thereon, together
with such other Information as the
zoning compliance officer may
deem necessary to enforce proper-
ly the provisions of this Ordinance.
ARTICLE 11 ENFORCEMENT
It shall be In the duty of the Zoning
Administrator to administer and
enforce the regulations prescribed
herein. Applications for permits
and variances shall be made to the
Zoning Administrator upon a form
published for that purpose. Appli-
cations required by this Ordinance
to be submitted to the Zoning Ad-
ministrator shall be promptly con-
sidered and granted or denied.
Application for action by the Board
of Adjustments and Appeals shall
be forthwith transmitted by the
Zoning Administrator.
ARTICLE 12BOARD OF ADJUST-
MENTS AND APPEALS
1.Powers - Board of Adjustments
and Appeals shall have and exer-
cise the following powers:
..To authorize In specific cases
such as variance from the terms of
the Ordinance as will not be con-
trary to the public Interest, where,
owing to special conditions, a liter-
al enforcement of the provisions of
the Ordinance will result In unnec-
essary hardship, and so that the
spirit of the Ordinance shall be ob-
served and substantial justice
done. The Board shall not grant a
variance to the terms of this Ordi-
nance If the hardship Is self-im-
posed by the applicant.
b.To hear and decide special ex-
nance.
3.Vote - The concurring vote of a
majority of the members of the
Board of Adjustments and Appeals
shall be sufficient to reverse any
order, requirement, decision, or
determination of the Zoning Ad-
ministrator or decide In favor of
the applicant on any matter upon
which It Is required to pass under
this Ordinance, or to effect varia-
tion to this Ordinance.
4.Retentlon of Documents - The
Board of Adjustments and Appeals
shall not be required to return the
original papers acted upon by It,
but It shall be sufficient to return
certified or sworn copies thereof,
or of such portions thereof, as may
be called on by such writ. The re-
turn shall concisely set forth such
other facts as may be pertinent
and material to show the grounds
of the decision appealed from and
shall be verified.
ARTICLE 14 JUDICIAL REVIEW
Any person aggrieved by any deci-
sion of the Board of Adjustments
and Appeals, or the Zoning Admin-
istrator, or any governing body of
a political subdivision which Is of
the opinion that a decision of the
Board of Adjustments and Appeals
or the Zoning Administrator is an
Improper application of airport
zoning regulations of concern to
such governing body, may appeal
to the Circuit Court of Beldwin
County as provided In Title 4,
Chapter 6, Section 11, Code of Ala-
bama,1975.
ARTICLE 15 REMEDIES'FOR VIO-
LATIONS
In case any building or structure Is
erected, constructed, reconstruct-
ed, altered, repaired, converted or
maintained, or any building, struc-
ture or land is used In violation of
this Ordinance, the City Council, In
addition to other remedies, may In-
stitute any appropriate action or
proceedings to prevent such un-
awful erection, construction, re-
construction, alteration, repair,
conversion, maintenance or use,
to restrain, correct or abate such
violation, to prevent the occupan-
cy of such building, structure or
land to prevent any Illegal act, con-
duct, business or use in or about
such premises.
ARTICLE 16 CONFLICTING REGU-
LATIONS
In the event of conflict between the
regulations of this Ordinance and
any other regulations applicable to
the same area, whether the conflict
be with respect to the height of
structures or trees, the use of land
or any other matter, and whether
such regulations were adopted be-
fore or after the Airport Height
Zoning Ordinance of the City of
Falrhope, Alabama, or by some
other political subdivision, the
more stringent limitation or re-
quirement shall govern and pre-
vail.
ARTICLE 17 SEVERABILITY
If any of the provisions of this Or-
dinance, or the application thereof,
to any person or circumstances
are held invalid, such invalidity
shall not affect other provisions or
applications of the Ordinance
which can be given effect without
the invalid provision or applica-
tion, and to this end, the provi-
sions of this Ordinance are de-
clared to be severable.
ARTICLE 18 AMENDMENTS
The City Council may, from time to
time, amend this Ordinance after
receiving a report thereon from the
Planning Commission. The Plan-
ning Commission shall prepare a
preliminary report on any pro-
posed amendment and hold public
hearings thereon before submit-
ting Its final report to the City
Council. Upon receipt of the final
report from the Planning Commis-
sion, the City Council shall cause
the proposed amendment to be
published at least once a week for
two consecutive weeks in advance
of Its passage In a newspaper of
general circulation within the City,
or, If there Is no such newspaper,
then by posting the same In four
conspicuous places within the
City, together with a notice stating
the time and place that the amend-
ment Is to be considered by the
City Council, and stating further
that at such time and place all per-
sons who desire shall have an op-
portunity to be heard in opposition
to or In favor of such regulations.
No such regulations shell become
effective until after a public hear-
ing In relation thereto, at which
parties In Interest and citizens
shall have an opportunity to be
heard.
ARTICLE 19 EFFECTIVE DATE
This Ordinance shall take effect
and be in force upon Its adoption
and publication as required by low.
END OF PROPOSED ORDINANCE
C-11.10
eg�Noncontormingg
signs:
melning. Chronic violations may
. (1) Existing Ott -Premises
result In the enforcement of Sec -
N t i
Signs and Billboards:
lion 5.6, Subsection (a), under Pen•
o e e
At such time as any existing
aides and Remedies of this Ordi-
off•premise sign or billboard Is re-
nance.
moved or destroyed the replace-
)) Promotional
(Allowance Temporary
ORDINANCE NO.2001.30
shell be In
mart sign or with
Sign
9 G,
Ordinance to Amend the City of
the
conformance with the provisions
and Retell Establishments:
Daphne Land Use and
of this Ordinance. No new off-
The following signage shall be
D e8meINAt Ordinance 987-12
p
premise signs or billboards will be
permitted. That which Is not spe-
•
permitted in any zone.
cifically provided herein Is ex -
ING THE FOLLOWING SECTIONS
O ING SECDAPHNE,
A permit shall not be Issued for
pre'sly pprrohibited:
OF THE CITY
OF THEALA-
any on -premise sign for any preen-
() Councli Authorization Re•
LAND USE AND DEVELOP-
D DEVELOP.
]sea on which there exists a grand-
qulred:
MENT ORDINANCE N
ORDINANCENO. 98 -12,
lathered off -premise sign or bill-
Temporary signs and banners not
ADOPTED SEPTEMBERCommis-
board until the off- premise sign
exceeding fifty (50) square feet In
WHEREAS, the Planning
or billboard Is permanently re-
area, temporary decorative flags,
Sion of the City of Daphne at their
moved
tethered Inflatable Items, bunting,
regular meeting held on
(2) Legal Nonconforming Sign
pennants and streamers for recog•
September 27, 2001, considered
Status:
nizing holidays and other occa-
certaln amendments to the Daphne
Any sign located within the city
slons authorized by the City Coun•
Land Use and Development
limits prior to the enactment of the
ill.
Ordinance and set forth an afflrma-
tive recommendation to the City
Land Use and Development Ordi.
(2) Promotional Weekend:
Council of the City of Daphne that
nance (September 21, 1987) or lo-
cated on property prior to Its an-
On the last Friday of each month,
commencing no eadler than six (6)
said amendments should be of-
finned; and,
nexation, which does not conform
a.m., the following Saturdayand
Sunday, as well as Monday, If ch
WHEREAS, after due notice by
to the provisions as set forth
by this ordinance, Is eligible for
Monday should coincide with a
publication as required by law, a
characterization as a "legal non.
National holiday (Labor Day, Me -
public hearing was held before the
City Council on November 5, 2001
conforming" sign and Is permit-
mortal Day, or theFourth of July),
ted, provided there Is only one (1)
retail and commercial establish -
concerning the proposed amend-
ground mounted, on-
ments duly licensed to do busl-
ments; WHEREAS,
WHEREAS, the Mayor and City
remise sign, and all other signage
Is In conformance with these rega
ness within the City limits of the
City of Daphne shall be permitted
Council of the City of Daphne, after
lotions.
to display a reasonable number of
due consideration deemed that
A permit for a legal nonconform•
three of the following Items provid-
the amendments requested are
proper and believe It to be In the
Ing sign shall be obtained prior to
ed, however, that all such Items
the date when the next business
shall be removed from the prom.
best Interest of the City that said
license Is due.
Isis at the close of the final busi-
NOWtl THEREFORments be E BE 17 OR.
NOW, E
(b) Loss of Legal Noncon•
forming Status:
ness day of the weekend or at the
close of the business day on Mon-
THE CITY COUNCIL
DATHECITY
A legal nonconforming sign
that day fall on a holl-
OF
OFTHE , ALABAMA, that the de
DAPHNscribed
shall Immediately lose Its legal
nonconforming status and
day aid
Y pecified above:
Temporary decorative signs, pen•
amendment below Is here.
must come Into conformance upon
nants, banners (not to exceed two
byy adopted as follows:
the following:
(2), twenty (20) square feet each),
ThisTION :hereby repeals the
Section r
(1) Amortization Schedule:
Legally nonconforming signs
streamers, bunting, balloons, and
flags (Reference: Section 21.4,
following of Daphne Land Use
9 City P
shall be either removed, replaced
Subsection (h), for provisions gov-
end Development Ordinance
sections In their entirety:
with a conforming sign by Janu.
erning use of flags). Each
10.7, 10.71, 10.711,10.712,
cry 1, 2005 or a date three (3) years
from the date In which the prop•
commercial or retail establishment
shall be permitted to choose any
10.713,10.714,10.715,10.716,10.717,
10.718,10.719,10.720, 10.72,
erty Is annexed Into the City limits.
three (3) types of signage from the
10.721,10.722,10.723,10.724,10.725,
It Is Intended that this prove-
slon shall ensure that those who
foregoing list on each weekend
specified and shall be limited to
10.726,10.727,10.728,10.729,10.73,
hold legally non- conforming
the use of only those three (3)
10.731,10.732,10.733,10.734,
10.735, 10.736, 10.737, 10.738,
status will recoup Initial Invest.
types of Items chosen during any
10.739,10.7310, 10.7311, 10.7312,
ment costs and remaining useful
life of such signs. It is further In-
given pprroomotional weekend.
(Q Political Signs:
10.7313,10.7314, 10.7315, 10.7316,
10.7317,10.7318, 10.74, 10.741,
tended that this provision shell not
Political signs shell be displayed
10.742, 10.743, 10.744,
deprive any owners of property
rights without just compensation
for the duration of a campaign and
shall be removed within five (5)
10.745,10.746, 10.75, 10.751,
10.752,10.753,10.773,10.76,10.77,
IO.771,10.772,10.773,
so as to avoid the occurrence of
s taking.
days following the election. A can
dldate shall not place signs prior
It Is envisioned that the time pe.
to qualifying to run for office with
10.T74,10.775, and 10.78.
rlod allotted herein shall allow for
the qualifying entity administering
SECTION 2:
This Section hereby emends the
amortization and depreciation of
such signs based upon the follow-
the election. Such signage shall be
subject to the requirements of Or -
City of Daphne Land Use and De-
Ing factors:
dinance 1989-04, Establishing Sign
velopment Ordinance by
estebllshing Article XXI entitled
Initial Investment costs, remain-
Ing
Ing useful life, length of time of
during Political Cam-
paigns. Signs located within real -
Sign Provisions:
ARTICLE XXI
ownership of the premises, the
dentist districts shall not exceed
lour (4) square feet In area.
SIGN PROVISIONS
21.1 PURPOSE
sign thereon, maintenance expen-
ditures, cost of removal,
g) Flags:
and replacement
No onal flags and flag? of political
The pprrovisions of this
(2) Structural Alteration, Abon•
subdivision of the United States
Section, lurthertng the purpose
stated In Article 1, are designed
donment, Discontinuation, Reloca-
tion or Replacement:
and flags of bone fide civic, chari-
table, fraternal, and welfare organl-
lo govern the effective use of
signs as a means of communice-
If such sign Is, after the date of
adoption of this Ordinance, strut-
wiiune when uirpi&j uu IfY111 YIIC
(1) flag staff per premises In ac•
dons; to protect and promote
the public health, safety and wel-
turn y altered, abandoned, des-
continued, relocated or replaced,
cord with United States Public Low
623 (Fley Display Practice).
tare by governing the type, num
leer, location, physical dimen-
Including the result of an act of
(h) Directional Signs and Sym•
slons, setback and other stand-
God
(c) Additional Permits Prohlb•
bola:
Non -advertising directional signs
girds to signs In each o1 the use
Iced:
or symbols (e.g., entrance, exit,
districts established In this
Ordinance; to prevent the disrup
No permits for additional signs
caution, slow, no trespassing) lo-
Clone, obstructions and hazards to
shall be Issued for any premises
on wbich there are nonconform-
cated on and pertaining to a parcel
of private property, not to exceed -
vehicular and pedestrian traffic
Ing signs.
two (2) square feet and forty-two
that signs may cause; to minimize
rd) Building Permit Provision:
(42) Inches In hallght.
the possible adverse effect of
signs on nearby public and private
wherever a building permit Is re-
(1) Memorial Signs and Hlstorl•
property; and to encourage a poll-
qulred for any kind of Improve-
ment to a building, structure or
cal Markers:
Memorial signs and historical
live visual environment In har-
mony with the natural beauty of
land attached to which or on which
markers, constructed of bronze,
the Clty of Daphne.
there exists any nonconforming
sign(s), then all signs attached to
stone or otherincombustible mate.
rial after historical authentication
21.2 GENERAL PROVISIONS
The followingg apply:
the building or structure or on the
land, shall be replaced with a sign
and location Is approved by the
City Council.
(e) General Prohibition:
(1) Signs Prohibited:
or signs that conform to the re-
U) Professional, Announcement
No aiunless herein ex-
quirements of this Ordinance.
(e) Destruction/ Structural
or Occupational Signs:
One (1) each professional, on-
.?,n,cepted, shbe erected, con-
strutted, posted, painted,
Deterioration:
nouncement or occupational sign
altered, maintained, or relocated,
If any nonconforming sign Is
removed or destroyed or becomes
not directly Illuminated and flat
wall mounted, and/or one (1) each
until a permit has been Issued byy
the Code Enforcement Oe
fifty (50%) percent or more
outdoor advertising sign for pri-
flcer. Before any permit shall be
structurally deteriorated as deter-
vately owned premises or busi-
Issued, an application on
mined by the Code Enforcement
Officer, then the replacement sign
ness location, provided the area of
the sign or the combinedareas of
official City forms, which shall In-
damnify and hold harmless the
shell conform to the requirements
both signs, If two (2) signs are
City of Daphne for all dam-
o f thla Ordinance.
(Q Mandatory Compliance:
erected, does not exceed five (5)
square feet, and provided the
ages, demands, or expenses of ev-
ery character which may In
Any nonconforming sign which
premises or business location Is
any manner be caused by the ereo-
Is neither grandfathered nor per-
mltted as a legally nonconform•
without a permitted at n. (Section
27.3, Subsection (o)(9�, Home Oc•
lion and use of said sign or sign
structure, shell be filed together
Ing sign according to Subsection
cupation Sign Regulation).
with such drawings and speclflca-
(a) of this section and which Is
prohibited under Section 21.5 of
(k) Non -Commercial Yard or
Garage Sale Temporary Signs:
dons as may be necessary to
fully advise and acquaint the Code
this Ordinance shall be removed or
Non-commercial yard or garage
Enforcement Officer with the
made to conform within ninety
(90) days of the date of adoption of
sale temporary signs not exceed -
Ing one -and -one-half (1-1/2)
location, size, construction mated.
this Ordinance,
square feet and which display the
als, manner of Illuminating, and se
curing or fastening, and number
�q) Variance:
dates) and address of the sale. NO
of signs applied for and the word-
the Board of Adjustment may,
morethan four (4) directional yard
be
Ing of the sign or advertise-
In special cases arid for a good
sate aigns may placed. Sold
signs shall be removed as soon as
mart to El carried on the sign.
(2) Electrical Permit Require
reason, end where, owing to coo-
ditions peculiar to the property
the sale Is concluded.
"rent'if-
and not the result of the actions of
(1) Signs Incorporated on Mochl•
egos which are ley
the applicant, permit the erection
of a sign not In conformance with
9
nary or Equlpment:Slgns Incorpo.
rated on machinery or equipment
lumiAll
by any other
neon or by any other
means sh shall
means shell require a separate
therequirementsof this Ordl-
which advertise one the
permit and Inspection.permit
The Board, and at Its discretion,
or service dispensed by tthedelectma-
chine or equipment, such as signs
Each sign
Each sego early requiring a permit
shall clearly marked with the
may require the posting of a bond
custosedly affixed to vending ma.
n
permit number end the name of the
In sufficient amount to protect
the city against all liabilities that
chines, news a er racks tale•
newspaper
b and asoline
phone booths,
person or firm piecing the sign
on the premise. The absence of a
may result from the erection and
pumps, p ovlded the gasoline
proper ID tag shall be prima tack
use of such slyn.
21.4 SIGNS FOR WHICH NO PER-
area of such signs does not ex -
cee l two (2) square feet
evidence that the sign or adverbs-
Ing structure is being operated In
MIT IS REQUIRED
(m) Indoor Signage or Window
violation of this Ordinance.
The following signs may be
erected or constructed without a
Slgns:
Indoor signage or window signs
s
(3) Size Restrictions Appiece-
bes: Any permitted sign shall be
permit but shall comply with the
which Identify or advertise act vi-
subject to the size and height
structural and safe requirements
of the current building codes and
ties, services, goods, or products
available within the building, and
icelml-
cations Imposed by this Ordinance
for the district In which sold sign la
all other applicable povlsions of
which collectively cover no more
than twenty (20%) percent of the
located except as otherwise pro-
this Ordinance.
(a) Traffic Signs:
window glass surface area.
vlded hereon.
4) Right-of-Wayout Plead-
Official traffic signs or sign strut-
tures, or municipal Information
(n) Marquee or Canopy Signs:
One (1) each business or profes-
ment rohlbited: No outdoor ad-
signs and provisional warning
sional Identification sign mounted
vertising sign or sign structure
signs or sign structures, when
to extend vertically below a mar.
shall be placed upon any street
erected or required to be erected
quee or canopy, provided Its area
does not exceed six (6) sqquare
feet, or exceed the width of the
her
marquee, nor canopy nor provide
at
less then nine (9) feet of clearance
r.
above the sidewalk or pedestrian
thoroughfare.
ere
(o) Temporary Promotional
Banner:
One temporary promotional
for-
banner In compliance with Section
one
21.5 no greater thantwenty (20)
square feet may be attached to and
ate
parallel to the face of the bullding
wall for a period, not to exceed
thirty (30) calendar doys (See Artl
cis I Section 6.2 gilnition
In
ex.
, of
Terms, Temporary Use).
1/2)
21.5 SIGNS PROHIBITED IN ALL
re.
DISTRICTS
I
The following signs are prohibit.
in.
ed In all use districts:
(1)
(a) Prohibited Placement:
will
Any sign erected or pointed upon
be
a sloping roof, fence, tree, stand
ya,
pipe, fire escape or utility pole, ex-
cept the manufacturer's or Instal-
ler's ID plate which shall not ex-
cel.
teed 5 x 8 Inches In size.
(b) Prohibited Wording:
n.
Any sign which uses the word
or "Danger" prominently
c"Stop"
r
displayed and/or which Is a copy
Id
or Imitation of official traffic con-
e.
trot signs.
th
(c) Flashing Signs Prohibited:
(1) General Prohibition:
r.
Signs which contain Intermit-
y
tent Illuminations are prohibited.
d
(2) Exceptions:
e
This Subsection does not prohibit
e
the following:
(a) Signs required for traffic con-
trol.
(b) Signs which exhibit time,
y
date, temperature and other cus•
tomory public Information.
(c) Signs which coniein Inter,,
mittent Illuminations provided the
change Is leas than twelve (12)
times per hour.
(d) Prohibited Sign Types:
Portable signs, bench signs,
snipe signs, sandwich signs, ex-
cept as allowed In Section 21.4,
Subsection (d)(2), or ladder -type
signs.
(a) Prohibited Sign E
Signs that produce aot
cause Interference with r e
phone, television or other commt
nicadon transmission, produce c
reflect motion pictures; emft vls'
ble smoke, vapor, particles, c
odor, are animated or produce an
rotation, motion or movement.
(Q Billboards and Off -Premise
Signs:
Billboards and off•premis
signs as defined In this Ordinance
(g) Vehicle Advertisement:
Any sign attached to or paints
onto a vehicle parked adjacent t
or on a public rlgght. of -way, the
oughfere or public perking Ic
dedicated for public use for th
principal purpose of advertising.
(h) Illuminated Tubing:
(1) General Prohibition
Illuminated tubings or string
of lights that outline property firm
sales area, roof lines, doors, wir
dows, wall edges, similar areas c
other architectural features of
building. Exception
Th2fs prohibition shall not appl
to temporary displays orected I
connection with holiday decor
lion and communkv decorations,
(3) Grandfather Clause Any lilt
minated tubing located within th
city limits prior to the enactment c
this Ordinance Is hereby grand
fathered, provided however, that
permit forwhich no charge will b
made Is obtained for the llluminal
ed tubing prior to the date upoi
which the next City business 11
tense Is due. Upon obtdnim
such permit, the business shall b
granted legal nonconforming sta
tus as described In Section 21 i
Subsection (ax2), and shall b
subject to the restrictions and prc
visions for loss of legal noncor
forming status a set forth In Sec
don 21.3, Subsection (b).
21.6 MAINTENANCE AND RE
MOVAL OF SIGNS
(a) General Maintenance Re
quirement: All signs shall be malr
twined In good condition and aF
pearance.
The Code Enforcement Office
after due notice In writing to th
owner, may cause to be remove
at owner's expense, any al
which shows neglect or which a
pears abandoned or which
comes dilapidated or dysfunctlo
at, or where the ores for a dlstan
of ten (10) feet around such sign
not kept free of weeds, rubble
debris, or uncut grass and shall
and maintained In compliance wl
City Ordinances.
(b) Vacation of Premises:
Any sign associated with prop
lass that have been vacated she
be either removed from the prom
lass by the owner or lessee with
three (3) months of the time ofv
colon, or said sign shall be aite
or resurfaced by same time pork
so that It does not display letter
numerals, symbols, figures,d
signs, or any other device for via
at communlcatlon that would pal
Lain to theactivity formerly assoc
aced with the vacated premlses.
(c) Pubilc Right -of -Way:
The Code Enforcement Office
shall remove or cause to be re
moved any sign erectedor main
taoned on any public right-of-wa
within the City, or which Is In viola
bon of any of the provisions of thl
Ordinance.
(d) Penalty for Violation:
The erection or maintenance c
any sign In violation of this Ord
nonce Is a misdemeanor an
shell be subject to the penaltie
set forth In Section 5.6, Subsectioi
a), under Penalties end Rem
edles of this Ordinance.
21.7TRAFFIC CONTROL DEV
CES ON PRIVATE PROPERTY
When the owner of real propert
allows It to be used by the publi
for the purpose ofvehlcular traffl
and/or as a public or quasi-publl
perking lot for tat use of cuuton
era, tenants or employees of eel
property, the owner shall erect an
maintain all traffic control sign
and other devices In accordenc
with the Alabama Manual on Un
form Traffic Control
Devices, and any revislo
thereof. In addition, the own
shall meet the requirements
Seetlon 32.6.31(a) of the Code
Alabama,1975, with respect to
cat authorities In their respect)
Jurisdictions.
21.8 MUNICIPAL INFORMATI
SIGN
Notwithstanding any other pro.
alone of this Ordinance to the c
trary, municipal commercial Inf
motion signs may be permitted
up to six (6) locations In publ
rights -of -way and public places
accordance with Section 220 of th
Alabama Constitution. Each sig
may be single or double-faced an
shall not exceed twelve (12) feet I
height from the ground on which
shall be mounted. Such signs she
not have an area In excess of fill
(50) square feet per face whit
shall Include a City of Dophn
Identification decoration, nor con
tain more then eight (8) Individw
directional signs, each of whit
shall not exceed five and one -ha
(5.1/2) square feet In size.
The City may grant a francbis
to a Franchises based on the out
mlsslon and approval of an accep
able sign design. The Franchise
shall be responsible for the erei
don, operation and maintenance r
said siggns end may Impose fee
on businesses requesting the Ir
staliation and maintenance of suc
signs. The Franchises shall pre
vide liability Insurance aeceptabi
to the City, naming the City as a
Insured against any liability fc
personal Injury, death, or open
damegga that may result from th
Installation end use of such sign,
The franchise agreement shall C
construed In favor of the City an
shell contain a cancellation dwa
and such other provisions as wl
promote the enforcement of Sax
lion 21 of this Ordinance with ps
titular recognition of Sub octic
21.1.
21.9 PERMITTED SIGNS
Unless otherwlas specified In th
Ordinance, the Schedule in Set
lion 21.10 contains requlremenl
for signs permitted In each use
district.
(a) Property Owners Assoch
bon:
Signs conveying Informatic
regarding association activities
and/or the use ofcommon area
end other amenitles of an Incorp
rated Property Owners Assoclefic
may be fted su act to sppppn
t Pl val of anning ommissla
Such signs shallbe of a mated,
and design sppprroved by the Pln
ning Commlsslen and shall nobs
teed thirty-five (35) square feet
area, nor be greater than six
feet In height with changes
copy on no more than two
hoes. Signs so permitted may
placed at up to a maximum of f
(4) locations only within the sub
vision on common property own
by the Property Owners Assoeil
don.
(b) Nome Indication Signs:
Signs Indicating the name of or
nxea owerxng or moone norm sui
division; mobile home part
apartment, townhouse, condomin
um or planned unit developmen
office park, shopping cent h
dustrfai park or other des
business complex perm
district; and signs for a
mltted by Right, with PI
proval or as a Special Exception i
any residential district, are pearl
AFFIDAVIT:
This is to certify that the attached legal
notice/advertisement appeared in:
The Baldwin Times, Bay Nlinette, Al
The Bulletin, Daphne, Al
The Fairhope Courier, Fairhope, Al
_ The Independent, Robertsdale, Al
_ The Onlooker, Foley, Al
_ The Islander, Gulf Shores, Al
_ The Elberta/Lillian, Elberta, Al
a weekly newspaper published in Baldwin
unty, Alabama.
Weekend Edition (includes The Fairhope Courier,
The Onlooker, The Islander, The Bulletin).
P!blication Date: Cost: words/inches x rate
TOTALS
Legal Ad Representative
Carla Champi n
BILL TO:
ATTN:
P.O./File Number
FOR OFFICE USE ONLY
Paid Unpaid _Acct.# (per (-
Gulf C r. Newspaper
P.O. Box 509
Robertsdale, Al 36567
Phone (251) 947-7712
State of Alabama
County of Baldwin
Sworn to and subscribed before
me this .Z day of
2 0 O/ .
C= a
Notary Public, Baldwin County,
Alabama MY COMMISSIM EXPIRES MAY 22, 2007
Second NoticeOf Public Nearing
i Notice Is hereby gin the
second time that the Falrhopa CKYi
Council will hold a Public Nearing
1 on a proposed Ordinance
Amending zoning Ordinance
cember No.
557 on Monday,
1200,
Municipal Complex F�Couuncil l
Chamber, 161 North Section
Street, Falrhope, AL 36532
All persons who desire shall
have an opportunity to be heard In
favor of, or in opposition to, this
Pr
oposed Ordinance and are 1
cordially Invited to be present. I
synopsis of ProPo d
ordinance to be In full re I"Ordinance printed
November 10, 2001 Issue of the
FsTpe Courier.
An ordinance amending the
zoning Ordinance SU establishing
g
an AirportFk�l h C 11.17