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HomeMy WebLinkAboutO-1360ORDINANCE NO. 1360 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE TO ESTABLISH REGULATIONS REGARDING A -FRAME SIGNS; PROVIDING A SEVERABILITY CLAUSE; 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 A -frame signs; and, 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 IV Site Design Standards, Section G. Signs, Number 4 Sign Standards, Letter b. Permitted Signs for Non-residential Districts and Uses be hereby amended to insert the following: (9) A -Frame Signs — In addition to a wall -mounted sign, A -Frame signs for a business located within the Central Business District (the CBD) are permitted subject to the following conditions: a. A business owner who desires to utilize an A -Frame sign within the CBD shall be required to apply for and obtain an Administrative Use Permit from the City of Fairhope Planning Director and/or his designee. There is no fee associated with this permit. As part of the application process, the Planning Director and/or his designee shall designate to the business owner the approved location for the placement of the A -Frame sign within the CBD. b. An A -Frame sign may be located on private property or within the public right-of- way, provided they do not interfere with pedestrian movement or wheelchair access to, through, and around the site or obstruct ADA access. A minimum access width of three (3) ft. shall be maintained along all sidewalks and building entrances accessible to the public. c. An A -Frame sign shall not encroach into required off-street parking areas, and may not be arranged so as to create site distance conflicts or other traffic hazards. d. An A -Frame sign shall be utilized only during the regular hours of operation of the business or special event, and shall be removed during non -business hours. e. The sign size for a rectangular A -Frame sign shall be four (4) ft. in vertical dimension and two feet, six inches (2'-6") in horizontal dimension. The height of the sign shall be measured from the sidewalk grade to the sign when it is erect. f. A -Frame signs are permitted for ground floor or street frontage tenants directly in front of the place of business. Where numerous businesses are located within one building, one (1) Shared Multi -tenant A -Frame sign per street frontage may be used. Shared Multi -Tenant A -Frame signs shall meet the area and dimensional standards established in Article IV Section G.4(b)9.(e) in this amendment. g. An A -Frame sign shall be professionally made and constructed of durable, weather - resistant materials such as aluminum, plastic, or wood -finished surfaces and shall be maintained in good condition throughout the term of the Use Permit. h. At the time of application, a Use Permit application for an A -Frame sign shall require submission of a certificate of insurance which complies with the following criteria: C W d W o '3a. 0� a Q LU o� Z a 1=— o Ordinance No. 1360 Page-2- 1. Public liability insurance in an amount not less than $1,000,000.00 for injuries to each person, and in an amount not less than $1,000,000.00 for any one (1) occurrence. 2. Property damage insurance in an amount not less than $1,000,000.00 for damage to the property of each person on account of any one (1) occurrence. 3. Said policies shall name the City of Fairhope as additional insured and shall constitute primary insurance for the City, its officers, agents, and employees, so that any other polices held by the City shall not contribute to any loss under this insurance. 4. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. i. The City reserves the right to remove forthwith a sign which causes any interference with vehicular traffic or pedestrian traffic or in the event of any emergency situation or interferes with any work that is to be performed upon the public sidewalk by or on behalf of the City. 2. THAT, Article IX Definitions and Interpretation, Section C. Defined Terms be hereby amended to insert the following: A -Frame Sign — A -Frame Signs are allowed only within the City of Fairhope Central Business District. A -Frame Signs are designed to stand on their own, either on public or private property. A -Frame Signs are hinged at the apex to be folded into a sandwich position. A permit is required from the City of Fairhope. Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date — This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF MAY, 2008. ATTEST: Ge iece W. Johnson, CityJerk