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ORDINANCE NO. 1454
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 allowance of restaurants in the B-1 Local
Shopping zoning district; 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 1T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA;
1. THAT, Article III Zoning Districts; Section A. Purpose and Intent; 10. 13-1 Local
Shopping District be hereby amended to read as follows:
10. B-1 Local Shopping District — This district is intended to provide for limited
retail convenience goods and personal service establishments in residential
neighborhoods and to encourage the concentration of these uses in one (1)
location for each residential neighborhood rather than in scattered sites occupied
by individual shops throughout a neighborhood. Restaurants in the 13-1 zoning
district may be permitted only on appeal to the Board of Adjustments and may
be subject to special conditions. Drive thru restaurants shall not be permitted in
the B-1 zoning district.
2. THAT, Article III Zoning Districts; Section B. Allowed Uses; Table 3-1: Use Table
be hereby amended to show Restaurants as an allowed use permitted only on appeal
and subject to special conditions in the B-1 Local Shopping zoning district.
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, 2011
ATTEST:
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