HomeMy WebLinkAboutO-1452ORDINANCE NO. 1452
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
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 tree preservation; and,
WHEREAS, after the appropriate public notice and hearing of, the Planning 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;
1. THAT, Article IV Site Design Standards be hereby amended to insert the following:
H. Tree Preservation
On a site where a live Heritage Tree exists, the Planning and Building Director may grant
up to a seven foot (7') administrative setback variance in order to protect and/or preserve
an existing Heritage Tree as defined in Article IX, Section C. of this Ordinance.
The only types of Heritage trees protected under this ordinance shall include:
Various Oak Trees (Quercus Species), Cedar Trees, Cypress Trees, Magnolia Trees and
any other unusual species identified as a desirable tree by the City Horticulturist.
In an effort to preserve the critical root areas for existing trees on public and private
properties, trenching is not allowed within nine feet (9') of any property line. One may use
a directional boring (Horizontal Directional Drilling — HDD) method of service
installation within the 9' no -trenching setback.
2. THAT, Article IX Definitions and Interpretation; Section C. Defined Terms be hereby
amended to insert the following:
Heritage Trees: Any live tree greater than or equal to twenty inches (20") in diameter at breast
height (DBH). Breast height is established as the height of the trunk of a tree fifty-four inches
(54") above grade.
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 and approved this 8th day of August, ist, 2011
imot M. Kant, M yor
ATTEST:
a ks, M /C
City Cler