HomeMy WebLinkAboutO-1597ORDINANCE NO. 1597
AN ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA, TO AMEND
ORDINANCE NO. 1588 TO EXTEND MORATORIUM ON THE FILING OF
SUBDIVISION AND MULTIPLE OCCUPANCY PROJECT
APPLICATIONS WITHIN THE CITY LIMITS AND
THE FIVE MILE PLANNING JURISDICTION
WHEREAS, the City Council of the City of Fairhope, Alabama (the "City") adopted
Ordinance No. 1588 on December 22, 2016, which, among other things, imposed a
moratorium on acceptance and consideration of all Subdivision and Multiple Occupancy
Project Applications by the City of Fairhope Planning Commission (the "Moratorium") for a
period of time extending until July 4, 2017;
WHEREAS, the purposes of the Moratorium were to give the City an opportunity to address
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 (the "Purposes") without having to process Subdivision and Multiple
Occupancy Project Applications at the same time;
WHEREAS, the City has been pursuing the Purposes with due diligence, but has been and
will be unable to materially complete the Purposes within the current timeframe of the
Moratorium; and
WHEREAS, the City Council has determined that the extension of the Moratorium
hereinafter set forth will promote the general health, safety, and welfare of the City as a
whole.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
DOES ORDAIN AS FOLLOWS:
Section 1. Moratorium Extended. Except as hereinafter set forth, Section 4 of
Ordinance No. 1588 is hereby amended so that the Moratorium is extended
for 90 days, unless terminated sooner by action of the City Council.
Section 2. 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.
Section 3. Effective Period of Moratorium. This Ordinance shall be effective
iiyediately upon passage and publication as required by law.
ADOPTED BY THE CITY COUNCIL AT A
REGULAR MEETING THEREOF ON THE 12TH DAY OF JUNE, 2017
Karin Wilson, Mayor
ATTEST:
Lisa . Hanks, MMC
City Clerk