HomeMy WebLinkAboutO-1497ORDINANCE NO. 1497
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 regarding Body Piercing Studios, Non -Chartered
Financial Institutions, Palm Readers, Pawn Shops, and Tattoo Parlors; 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 III Zoning Districts, Section D. Special Conditions for Uses, be hereby
amended to insert the following:
11. Body -Piercing Studios, Non -Chartered Financial Institutions, Palm Readers,
Pawn Shops, Tattoo Parlors
a. Location Restrictions: Body -Piercing Studios, Non -Chartered Financial Institutions,
Palm Readers, Pawn Shops, and Tattoo Parlors are allowed only in the B-2 (General
Business) District of the City of Fairhope, Alabama.
b. Site Requirements:
(1) Body -Piercing Studios, Non -Chartered Financial Institutions, Palm
Readers, and Pawn Shops shall not be located within 275 linear feet of
residential zoned areas, places of worship, schools, the City of Fairhope
Central Business District or public parks.
(2) Tattoo Parlors shall not be located within 275 linear feet of residential
zoned areas, places of worship, schools or public parks.
(3) The minimum distance between similar uses shall be 1,000 linear feet.
THAT, Article IX Definitions and Interpretation, Section C. Defined Terms, be hereby
amended to insert the following:
Body -Piercing Studio: An establishment whose principal business activity, either in terms of
operation or as held out to the public, is the practice of creating openings in the body of a
person for the purpose of inserting jewelry or other decorations.
General Personal Services: Businesses that provide uses such as a post office, bank, barber
shop or beauty salon, permanent cosmetic establishment, film processing, small appliance
repair, tailor, office support, or other similar service. Any personal service that is more
specifically described is excluded from this use.
Non -Chartered Financial Institution: Any business, other than a federally or state chartered
bank, credit union, mortgage lender or savings and loan association that offers check cashing
services, automobile title loans, and loans for payment of a percentage or graduated fee.
Specifically included are check cashing and pawn shop businesses that charge a percentage
or graduated fee for cashing a check or negotiable instrument and "payday loan" businesses
which make loans upon assignment of wages received or businesses that function as deferred
presentment services.
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Ordinance No. 1497
Page-2—
Palm Reader: Any person who practices, teaches, or professes to practice the business of
astrology or the psychic arts and sciences for a fee, gift, donation or other valuable
consideration. Psychic arts and sciences may include augury, card or tea reading,
cartomancy, clairaudience, clairvoyance, crystal gazing, divination, fortune telling,
mediumship, necromancy, palmistry, phrenology, or prophecy.
Pawn Shop: An establishment that lends money on the security of goods pledged by the
owner of such goods on the condition that the goods may be redeemed or repurchased by the
owner for a fixed price within a fixed period of time. This definition includes car title pawn
companies which provide the borrower with cash in exchange for the borrower's vehicle title
as collateral.
Permanent Cosmetic Establishment: An establishment whose principle business activity,
either in terms of operation or as held out to the public, is the permanent application of
pigment into the skin for eyebrows, eyeliners, lip liner, blush and scar camouflage.
Tattoo Parlor: An establishment whose principal business activity, either in terms of
operation or as held out to the public, is the practice of placing designs, letters, figures,
symbols, or other marks upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of skin by means of the use of needles or other
instruments designed to contact or puncture the skin. This definition excludes permanent
cosmetic establishments.
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.
ATTEST:
C-11sa. A Hanks, MC
City C erk
Adopted and approved this 1 lth day of Jam, 2013.