HomeMy WebLinkAboutO-1343ORDINANCE NO. 1343
AN ORDININANCE OF THE CITY OF FAIRHOPE,
ALABAMA, TO PROTECT THE HEALTH, SAFETY
AND GENERAL WELFARE OF THE PEOPLE, DECLARING A
MORATORIUM ON THE BUILDING OF MODULAR BUILDINGS WITHIN
THE CITY LIMITS AND THE ONE AND ONE-HALF MILE
PERMITTING JURISDICTION.
WHEREAS the City of Fairhope has adopted the building code regulations that regulate
issuance of building permits within the city limits and within an area extending out one
and one-half miles from the city limits;
WHEREAS there has been rapid and substantial growth in and around the City of
Fairhope, including a rise in the number of manufactured or modular buildings
(collectively, "Modular Buildings");
WHEREAS Modular Building development can build -out an area within the City in a
fraction of the time required for on -site construction;
WHERAS this rapid build -out places upon the governing body of the City a greater
burden than that imposed by on -site construction in insuring proper public
infrastructure;
WHEREAS the City Council desires to protect the City against issues related to rapid
build -out, including, without limitation, issues of density, fire protection, traffic,
parking, aesthetics, maintenance of property values, open space, lot size, and unit size,
by enacting Modular Building zoning and other related land management regulations;
WHEREAS the City Council has determined that the adoption of the moratorium is
appropriate to prevent conditions that may threaten the community's health, safety, and
welfare; and
WHEREAS placing a moratorium of limited duration and limited scope would be in the
public interest and promote orderly land development;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, DOES ORDAIN AS FOLLOWS:
Section 1. Moratorium Established. Except as hereinafter set forth, a moratorium is
imposed upon the acceptance and consideration of all building permit
applications for the construction and development of all Modular
Buildings by the City of Fairhope within the City's corporate limits and
within the area extending out one and one-half miles from the City's
corporate limits in which the City currently exercises building permit
jurisdiction (the "Moratorium"). Since the State of Alabama, in
accordance with § 24-4A-1 et see . of the Alabama Code (1975),
regulates the actual construction of Modular Buildings, the Moratorium
is limited to those permitting areas in which the City retains jurisdiction,
including, without limitation, the issuance of foundational permits and
permits for the connection of the Modular Building to outside utility
sources.
Ordinance No. 1343
Moratorium -Building Permit Applications for Modular Buildings
Page -2-
Section 2. Exemption for Current Projects. Notwithstanding anything contained in
Section 1 hereof to the contrary, the Moratorium shall not apply to any
project involving the erection of one or more Modular Buildings for
which any of the following has been made to and received by the City of
Fairhope or the City of Fairhope Planning Commission prior to the
effective date of this ordinance:
a. Submission to the City of an application for a building permit for
a Modular Building; or
b. Building permit for a Modular Building has been granted.
Section 3. Effective Period of Moratorium. The Moratorium shall be effective
immediately upon passage and shall continue for a period of one hundred
twenty (120) days, unless terminated sooner by action of the City
Council.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be
declared unconstitutional or otherwise invalid for any reason, or should
any portion of this ordinance be pre-empted by state or federal law or
regulation, such decision or pre -exemption shall not affect the validity of
the remaining portions of this ordinance or its application to other
persons or circumstances.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE loth DAY OF SEPTEMBER, 2007.
ATTEST:
W. Johnson,
C W Y
'0 _ 1� N
D�
�Uh U
a Lu
a-L
zU41C
�w
O F— 0