HomeMy WebLinkAboutO-1588ORDINANCE NO. 1588
AN ORDINANCE OF THE CITY OF FAIRHOPE,
ALABAMA, TO PROTECT THE HEALTH, SAFETY
AND GENERAL WELFARE OF THE PEOPLE
RELATING TO THE SUBDIVISION REGULATIONS,
DECLARING A MORATORIUM ON THE FILING OF
SUBDIVISION AND MULTIPLE OCCUPANCY PROJECT
APPLICATIONS WITHIN THE CITY LIMITS AND
THE FIVE MILE PLANNING JURISDICTION
WHEREAS the City of Fairhope has adopted the Fairhope Subdivision Regulations that
regulate the subdivision of land and multiple occupancy projects within the city limits and
the five -mile planning jurisdiction;
WHEREAS there has been rapid and substantial growth in and around the City of Fairhope;
and
WHEREAS the City Council desires to evaluate public utility availability, address traffic
issues, review the City's drainage regulations, review requirements to protect sensitive
environmental areas, review of existing subdivision regulations and zoning ordinance, access
management on major corridors and other traffic related concerns; and
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 hereafter set forth, a moratorium is
imposed upon the acceptance and consideration of all Subdivision and
Multiple Occupancy Project Applications by the City of Fairhope Planning
Commission (the "Moratorium").
Section 2. Exemption for Current Projects. Notwithstanding anything contained in
Section 1 hereof to the contrary, the Moratorium shall not apply to any
project for which any of the following has been made to and received by the
City of Fairhope Planning Commission prior to the effective date of this
ordinance:
a. Application for preliminary plat approval; or
b. Application for final plat approval.
C. Application for multiple occupancy project approval.
Section 3. Categorical Exemptions. The following forms of subdivision are expressly
exempted by the Moratorium based upon a finding by the City Council that
such subdivisions do not materially impact the issues sought to be addressed
during the Moratorium:
a. Replat as defined in Article IV, Section E. of the Fairhope Subdivision
Regulations.
b. Minor Subdivisions as that term is defined in the Subdivision
Regulations.
Ordinance No. 1588
Moratorium — Subdivision/Multiple Occupancy Project Applications
Page -2-
Section 4. Effective Period of Moratorium. The Moratorium shall be effective
immediately upon passage, publication as required by law, and shall
continue for a period of six (6) months, unless terminated sooner by action
of the City Council.
Section 5. 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 22ND DAY OF DECEMBER, 2016
Karin W. Wilson, Mayor
ATTEST:
4Lisaanks, MMC
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