HomeMy WebLinkAboutO-1285ORDINANCE NO. 1285
AN ORDINANCE AMENDING THE CITY OF FAIRHOPE ZONING
ORDINANCE 1253, ARTICLE 7, NON -CONFORMITIES, SECTION B, NON-
CONFORMING STRUCTURES, NUMBER 3; AND PROVIDING
AN EFFECTIVE DATE
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed
and altered as described below;
WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to
prepare amendments to our Zoning Ordinance; and,
WHEREAS, the proposed amendments relate to destruction and damage,
WHEREAS, after the appropriate public notice and hearing of, the Planning and Zoning
Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA;
THAT, Article VII Non -Conformities, Section B. Non -Conforming Structures, Number 3. is
hereby amended to read as follows:
A non -conforming structure, which is not intentionally damaged, destroyed, or removed, may
be restored within one year from the date of the event. If the structure is not re -constructed in
one year all restorations and improvements shall be in compliance with applicable ordinances.
The burden of proof of date of damage or destruction shall be on the person proposing the
restoration.
SEVERABILITY CLAUSE. If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held invalid or
constitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of remaining portions hereof.
EFFECTIVE DATE. This ordinance shall take effect immediately upon its due
adoption and publication as required by law.
Adopted and approved this 091" day of January , 2006.
Attest:
Geniece Johnson,
OH
FAMHOPE PLANNING % -
coMMrssrON �
RNAL RE1301ZT OF ZONING AMENDMENT --- -
t
Text Charloe to zolllllg Ordinance
�• I
_Request for change ofZonin�� District I
B
lAphlica )-------- - -
Description and n1a1) is attached
To
11e con"Illsslon has held a public hearing on this matter prior to this final report and ��ishes
report to the Fair -hope City Council as follows:
- We CD4 (Do Not) recommend
the proposed zoning text changes as wise,
expedient and necessary for the benefit of the C. I
I
i %Ve find that the proposed zoning district change (Is) (Is Not) in conformity
with the comprehensive plan and in the best interests of the City as a whole, and
(Do) (Do Not) Recommend that the City Council adopt an or -din
mp ementing the proposed changes as provided by law. ance
i Members Pi-eSCrlt
Rev- 9; 9S
Voting Aye Voting Nay Abstain
Respect y submitted:
Chairman
E