Loading...
HomeMy WebLinkAboutO-1611ORDINANCE NO. 1611 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 the Central Business District; and, WHEREAS, after the appropriate public notice and hearing of ZC 17.11, 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 V, Section B. Central Business District Overlay, be hereby amended to read as follows: B. CBD — Central Business District Overlay 1. Intent — The Central Business District overlay is intended to preserve downtown Fairhope as the "Regional Village Center" and focal point for the City. The CBD overlay shall provide an environment for shopping, restaurant and entertainment, cultural and artistic institutions, offices, governmental functions, and residential uses. The CBD is intended to have a unique character in the City and serve the entire community by: • generating high levels of pedestrian and bicycle traffic; • providing a mix of uses; • create a focal point for activities throughout the City; • link to adjacent areas and areas throughout the City through a variety of modes of transportation; • strengthen non -automobile connections to adjacent neighborhoods; • buffer surrounding neighborhoods from any adverse impacts of activities in the CBD; and • provide small parks and trails. 2. Location and Size — The CBD overlay includes: From the southeast corner of the intersection of Oak Avenue and N. Church Street run east along the south side of Oak Avenue to a point on the east side of N. Section Street; one parcel on the north side of Oak Avenue from N. Section to the east end of Oak Avenue; one parcel on the east side of N. Bancroft Street from the north side of Oak Avenue to a point on the south side of Pine Avenue and along the east property line one parcel east of N. Bancroft Street; thence run east along the north property line of one parcel to a point; thence run south along the east property line to the south side of Equality Street; the west side of N. School Street from Equality Street to the south side of Stimpson Avenue; the south side of Stimpson Avenue to the east end of Stimpson Avenue; south to a point on the south side of Fairhope Avenue that is one parcel west of Mershon Street; one parcel on the south side of Fairhope Avenue from one parcel west of Mershon Street to the west side of S. School Street; to a point one parcel south of Morphy Avenue on the west of S. School Street; south to the west end of the unopened portion of right-of-way of Fels Avenue; along the north side of Fels Avenue from the northwest corner of the intersection of Fels Avenue and Oswalt Street to a point at the northeast corner of Fels Avenue and S. Church Street; north one parcel to a point one parcel south of Morphy Avenue; west to a point two lots west of S. Church Street; north to the north side of Morphy Avenue west to the northeast corner of the intersection of Morphy Avenue and S. Summit Street; along the east side of Summit Street to the southeast corner of the intersection of N. Summit Street and Magnolia Avenue; along the south side of Magnolia Avenue to the southeast corner of the intersection of Magnolia Avenue and N. Church Street; along the east side of N. Church Street to the southeast corner of the intersection of N. Church Street and Oak Avenue. Ordinance No. 1611 Page -2- 3. Uses — All uses permitted in the underlying zoning district are allowed in the CBD Overlay, provided that uses of property shall meet the intent of the Comprehensive Plan and Section E.1 of this Article. Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., Section B.I. of the Zoning Ordinance are achieved. 4. Dimension Standards — All dimension standards for the underlying districts shall apply in the CBD overlay except as follows: a. Non-residential buildings in the CBD shall be built at the right-of-way line, unless a courtyard, plaza or other public open space is proposed. b. No side -setback is required for non-residential buildings in the CBD, except that corner lots shall have the same building line on the side street as is on the front street. c. Building heights for all structures shall not exceed 40 feet or 3 stories. d. Parking — (1) No parking is required for non-residential uses in the CBD. If parking is provided, it shall be located behind the building, screened from public rights -of -way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. (2) Dwelling units in the CBD shall provide the required parking. It shall be located behind the building, screened from public rights -of -way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. (3) Residential and office is encouraged on the upper floors of buildings; lower floors are encouraged to be retail or restaurants. e. Sidewalks shall be a minimum of eight feet (8') in width for all new construction. This may be reduced, through the site plan approval process, upon satisfactorily demonstrating to the City Council that streetscape improvements constrain the site to the extent that eight feet (8') is not feasible. In no case shall the sidewalk width be less than six feet (6') in width. A written request must be made with accompanying justification statement and drawings for consideration of reduction in sidewalk width. 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 THIS 8TH DAY OF JANUARY, 2018 1/.' UJ Karin Wils n, Mayor ATTEST: 62a A. an s, MC City Cl rk WTI C17 ftZI. Current and Proposed Expanding 2sn !,nn 1 nnn Fast