HomeMy WebLinkAbout10-27-2025 City Council Agenda Packet
CITY OF FAIRHOPE
CITY COUNCIL REGULAR AGENDA
Monday, October 27, 2025 - 6:00 PM
City Council Chambers
Council Members
Jack Burrell
Corey Martin
Jimmy Conyers
Jay Robinson
Kevin G. Boone
Invocation and Pledge of Allegiance
Public Hearing
from the City of Fairhope Planning and Zoning Department, for amendments to the
City of Fairhope’s Zoning Ordinance.
6. Resolution — That the City of Fairhope hereby accepts the use of the public forever
the roadway Dovecote Lane “as built” from back of curb to back of curb and the
drainage in the easement as shown/lies in exhibits attached. Furthermore, this
acceptance for
of curb to back of curb) -
Services for Disaster Relief Services - Tent City 2025; and authorize the re-
option allowed by the Code of Alabama 1975, Section 41-16-
Professional Concrete Pumping & Finishing for a not-to-
$23,300.00. Th
Page 1 of 246
City Council Regular Meeting
October 27, 2025
Page - 2 -
11. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan
for Professional Engineering Services for (RFQ PS26-
and hereby authorize Mayor Sullivan to negotiate the not-to-
Alabama, by the following method: Trade-
GovernmentJobs.com, Inc. d/b/a NEOGOV for a three (3) year cost not-to-
departments: Adult R
Associates, Inc. with a total not-to-
date for s
registration showing
Page 2 of 246
City Council Regular Meeting
October 27, 2025
Page - 3 -
20. Application — Wine Off Premises License by Charles Jaimeth Hilburn, 3 Arrows
Meat Co. LLC, d/b/a 3 Arrows Meat Co. LLC, 19670 Greeno Rd., Suite
Regular Meetings of the City Council shall be held on the 2nd and 4th Monday
of each month immediately following the 4:30 p.m. Work Session
unless prescheduled and announced otherwise.
(Organizational Meeting)
Monday, November 3, 2025, 6:00 p.m.
Fairhope Municipal Complex
City Council Chambers
161 North Section Street
Page 3 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1105
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Approve minutes of the October 13, 2025, Regular City Council
Meeting and minutes of the October 13, 2025, Work Session.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
City Council Approval.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 4 of 246
STATE OF ALABAMA )(
:
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
6:00 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 13 October 2025.
Present were Council President Jack Burrell, Councilmembers: Jimmy
Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney
Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Corey Martin
was absent.
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given by Dr. Eric Hankins of First Fairhope Church, and
the Pledge of Allegiance was recited. Councilmember Conyers moved to approve
minutes of the September 22, 2025, regular meeting; minutes of the September 22,
2025, work session; and minutes of the September 29, 2025, Special City Council
meeting. Seconded by Councilmember Robinson, motion passed unanimously by
voice vote.
Mayor Sullivan addressed the City Council and commented that Rebecca
Byrne who is the President and CEO of the Community Foundation of South
Alabama will be here shortly; and she will address her then. Mayor Sullivan
mentioned the chemicals on tonight’s Agenda; and said she wants to remove fluoride
from our water. She said there will projects around Fairhope Avenue and State
Highway 181 and Gayfer Avenue.
The following individuals spoke during Public Participation for Agenda Items:
1) Rebecca Titford, 553 Marsim Drive, addressed the City Council regarding
Infiltration of Foreign Entities the Utility Grids; and how the City is using
Cybersecurity. Council President Burrell replied we do not discuss that in
a public meeting. He said we go into Executive Session to discuss these
things; and we do look at “Case Studies.”
Councilmember Conyers mentioned a Parking Authority meeting tomorrow
morning and a Library Board meeting next Monday.
Council President mentioned a Fairhope Airport meeting tomorrow at 5:00
p.m. and a Recreation Board meeting on Wednesday at 5:15 p.m. He mentioned
AMEA Strategic Planning Sesson going on today and tomorrow.
Page 5 of 246
13 October 2025
Councilmember Boone moved for final adoption of Ordinance No. 1844, an
ordinance to Repeal and Replace Ordinance No. 1586, Ordinance No. 1599, and
Ordinance No. 1804: The Schedule of Fees for Construction and Building Permits.
(Introduced at the September 22, 2025 City Council Meeting) Seconded by
Councilmember Robinson, motion for final adoption passed by the following voice
votes: AYE – Burrell, Conyers, Robinson, and Boone. NAY - None.
Councilmember Robinson moved to approve the Consent Agenda: the
Resolutions and Requests for FY2026 Appropriations; and to authorize Mayor
Sullivan to execute the contracts for the same. Seconded by Councilmember Boone,
motion passed unanimously by voice vote.
Consent Agenda
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and the Downtown Fairhope Business Association for an
appropriation of $24,000.00 to advertise and promote the City of Fairhope.
RESOLUTION NO. 5577-25
WHEREAS, the Downtown Fairhope Business Association serves a public purpose and the
publicity that the Downtown Fairhope Business Association gives the City of Fairhope is a public
service; and,
WHEREAS, We, the Downtown Fairhope Business Association agree to work with the Mayor,
and/or her agent(s); advertise regionally and promote the City of Fairhope.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2025 and
ending 30 September 2026; but the contract shall be cancelled at any time upon notice.
WHEREAS, payment shall be made in the total amount of $24,000.00 from the City of Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA that Mayor Sherry Sullivan is hereby authorized to sign a contract between the City
of Fairhope and the Downtown Fairhope Business Association.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 6 of 246
13 October 2025
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and the United Way of Baldwin County for an appropriation of
$1,000.00 to help with continuing support for their collaborative effort with health
and human service agencies working to build, grow, and enhance the well-being of
citizens in Baldwin County.
RESOLUTION NO. 5578-25
WHEREAS, a contract shall be executed between the City of Fairhope and United
Way of Baldwin County, making an appropriation of $1,000.00 to help with
continuing support for their collaborative effort with health and human service
agencies works to build, grow, and enhance the well-being of citizens in Baldwin
County. The United Way of Baldwin County is a network of organizations that brings
people together to tackle community issues. Their goal is to create lasting change by
addressing the underlying causes to problems in the areas of health, education,
financial stability; and to address the needs of Baldwin County citizens.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made in the total amount of $1,000.00.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign
a contract between the City of Fairhope and United Way of Baldwin County.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and Care House, Inc. for an appropriation of $5,000.00 to help with
continuing support for children who are victims of sexual and severe physical abuse;
and to help with the distribution of the child abuse prevention curriculum.
Page 7 of 246
13 October 2025
RESOLUTION NO. 5579-25
WHEREAS, a contract shall be executed between the City of Fairhope and Care
House, Inc., making an appropriation of $5,000.00 to help with continuing support for
children who are victims of sexual and severe physical abuse; and to help achieve
normalcy through our counseling and advocacy program for children and families
who come to us after being victimized. This appropriation will also help with the
distribution of the child abuse prevention curriculum, “Keeping Our Kids Safe” and
prevention presentation held throughout Baldwin County.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made in the total amount of $5,000.00.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign
a contract between the City of Fairhope and Care House, Inc.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest
______________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and Ecumenical Ministries Incorporated for an appropriation of
$10,000.00 to support the needs of Fairhope residents.
*
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Page 8 of 246
13 October 2025
RESOLUTION NO. 5580-25
WHEREAS, in Fairhope, Alabama, Ecumenical Ministries Incorporated (EMI) is a
public, non-profit, non-denominational, United Way social service agency; and,
WHEREAS, EMI’s mission is to improve the quality of life in Baldwin County by
meeting basic needs, encouraging personal growth, effecting social and economic
justice and celebrate our common life; and,
WHEREAS, EMI provide services to the socio-economic and those in crisis
situations and have no place to turn for help on the Eastern Shore, including Fairhope
and South Baldwin County. The services rendered include:
• Emergency Aid – Direct assistance for medical, food, utilities, rent,
clothing, childcare, transportation, and other emergency needs.
• Meals on Wheels (MOW’S) – Volunteers deliver nutritious, warm meals
six days a week. Meals are subsidized based on need and funding –
Fairhope area has nine routes.
• Home Repair – These projects include plumbing, electrical work,
rebuilding floors, installing windows and doors, roofing, building
wheelchair ramps and more. This program is for the elderly and disabled.
• Food Pantry – Our pantries provide a week’s supply of food based on the
size of the family and their situation.
• Prescription Assistance – This program allows under-insured and non-
insured persons to receive life sustaining medications at reduced or no cost
through pharmaceutical companies’ indigent care program. EMI also
provide prescription assistance through the Ozanam Charitable Pharmacy
in Mobile.
• Church-based Community Organizing – This program empowers poor and
moderate income families to participate effectively in our democratic
system and allow community members the opportunity to address the
issues affecting their lives: paved streets, lighting, sewage, recreation, and
drainage.
• EMMY’S Thrift Shop – Through our emergency aid center vouchers are
given at no cost. With these vouchers, people can receive such items as
appliances, furniture, clothing, etc.
Page 9 of 246
13 October 2025
WHEREAS, Ecumenical Ministries Incorporated has served Fairhope residents since
1969 on a continuous basis and successfully demonstrated the capacity to operate a
neighborhood based on social service agency improving countless lives.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby
authorized to establish a contract for services between the City of Fairhope and
Ecumenical Ministries Incorporated to appropriate the sum of $10,000.00 to be used
for the needs of Fairhope residents.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
ATTEST:
_________________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and The Fairhope Film Festival for an appropriation of $6,000.00 to
help bring sustained economic growth from the film industry to the Alabama Gulf
Coast through its Fairhope Film Festival; and use of the Welcome Center as the box
office and information booth during the Festival. The dates are from November 12,
2025 through November 14, 2025 and times as presented in request letter.
*
*
*
*
Page 10 of 246
13 October 2025
RESOLUTION NO. 5581-25
WHEREAS, a contract shall be executed between the City of Fairhope and the
Fairhope Film Festival, making an appropriation of $6,000.00, to help bring sustained
economic growth from the film industry to the Alabama Gulf Coast through its
Fairhope Film Festival.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made in the total amount of $6,000.00 from the City
of Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign
a contract between the City of Fairhope and the Fairhope Film Festival; and use of the
Welcome Center as the box office and information booth during the Festival. The
dates are from November 12, 2025 through November 14, 2025 and times as
presented in request letter.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest
__________________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and the Baldwin County Trailblazers for an appropriation of
$5,000.00 to support the Smart Walks and the Walking School Bus Program.
Page 11 of 246
13 October 2025
RESOLUTION NO. 5582-25
WHEREAS, a contract shall be executed between the City of Fairhope and the Baldwin
County Trailblazers, making an appropriation of $5,000.00 to help people shape their
communities to be vigorous, healthy, and flourishing for generations to come by
implementing a model Walking School Bus program that can positively reduce the
soaring rate of childhood obesity by giving parents a supportive solution for assisting
their children with walking to school instead of taking a bus or riding in a car.
WHEREAS, Baldwin County Trailblazers will continue its monthly Smart Walks to area
schools that involves over 100 students and an equal number of parents and grandparents.
The Smart Walk program has been a success.
WHEREAS, the outcome the program will achieve is to have a significant percentage of
students participate in the daily Walking School Program and to be a model for use with
other schools.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time upon
notice.
WHEREAS, payment shall be made in the amount of $5,000.00 from the City of
Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between
the City of Fairhope and the Baldwin County Trailblazers.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract with the
Eastern Shore Art Center for use of City Facilities and for an appropriation of
$20,000.00 for funds to support and sponsor the educational programs through The
Art Center’s Academy of Fine Arts.
Page 12 of 246
13 October 2025
RESOLUTION NO. 5583-25
WHEREAS, a contract shall be executed between the City of Fairhope and the Eastern
Shore Art Center for contract funding educational programs through the Academy and
Community Outreach Program which provides art education and hands-on learning, on
and off site, to all elements of our community: children, youth, adults, seniors, and
special needs audiences, making an appropriation of $20,000.00; and
WHEREAS, the Eastern Shore Art Center must continue First Friday Artwalk and all
publicity as a community event; continue to provide summer art program for the
Fairhope-Point Clear Rotary Youth Club (formerly known as the Boys and Girls Club);
and provide low cost art classes for local youth and senior citizens; and
WHEREAS, the City of Fairhope approves the request from the Eastern Shore Art
Center to use the streets (Section Street north of Magnolia to Oak Street and Oak Street to
Bancroft and Equality) during their Outdoor Art Show, which is held during the annual
Arts & Crafts Festival, to use the streets (Fairhope Avenue from Bancroft Avenue to
Church Street and Section Street from De La Mare to Magnolia Avenue) for the annual
Grand Festival of Art in October; and requesting closure of the streets at 5:00 p.m. on the
Friday before the festival for set-up; and security to be provided, after hours, by the
Fairhope Police Department; and
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time upon
notice; and
WHEREAS, payment shall be made quarterly in the amount of $5,000.00; until contract
either expires or is cancelled.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between
the City of Fairhope and the Eastern Shore Art Center for funds to support and sponsor
the educational programs through the Art Center’s Academy for Fine Arts.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 13 of 246
13 October 2025
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and the Fairhope Pirate Booster Club, Inc. for an appropriation of
$10,000.00 to help with the construction and renovation of the High School Gym.
This will include the renovation and upgrading of the gym lockers room; and to
approve the use of the Fairhope Civic Center for the Annual Drawdown and Silent
Auction (date to be announced) which includes the use of associated rooms as
needed, placement of a tent in the parking lot (all rental expenses paid by the Club),
and use of the facility’s tables and chairs in the tent.
RESOLUTION NO. 5584-25
WHEREAS, a contract shall be executed between the City of Fairhope and the Fairhope
Pirate Booster Club, Inc., making an appropriation of $10,000.00 to help with the
construction and renovation of the High School Gym. This will include the renovation and
upgrading of the gym lockers room; and to approve the use of the Fairhope Civic Center for
the Annual Drawdown and Silent Auction (date to be announced) which includes the use of
associated rooms as needed, placement of a tent in the parking lot (all rental expenses paid by
the Club), and use of the facility’s tables and chairs in the tent.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2025
and ending 30 September 2026; but the contract shall be cancelled at any time upon notice.
WHEREAS, payment shall be made quarterly in the amount of $2,500.00, until contract
either expires or is cancelled.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the
City of Fairhope and the Fairhope Pirate Booster Club, Inc.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and Mobile Bay National Estuary Program for an appropriation of
$65,000.00 to support activities related to Stormwater education and watershed
management; and to help fund the Bacterial Source Tracking Study for Fly Creek.
Page 14 of 246
13 October 2025
RESOLUTION NO. 5585-25
WHEREAS, a contract shall be executed between the City of Fairhope and the
Mobile Bay National Estuary Program, making an appropriation of $65,000.00 to
support expanded activities related to Stormwater education and watershed
management. The Mobile Bay National Estuary Program continues to support City
environmental resource management efforts: Fairhope Gullies, Create a Clean Water
Future, and Watershed Management Plan for the Volanta Gully Watershed; and to
help fund the Bacterial Source Tracking Study for Fly Creek.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made quarterly in the amount of $16,250.00, until
contract either expires or is cancelled.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign
a contract between the City of Fairhope and the Mobile Bay National Estuary
Program.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest
______________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and the Fairhope-Point Clear Rotary Youth Club for an appropriation
of $57,000.00 to help manage and operate the Fairhope-Point Clear Rotary Youth
Club facility.
Page 15 of 246
13 October 2025
RESOLUTION NO. 5586-25
WHEREAS, a contract shall be executed between the City of Fairhope and the
Fairhope-Point Clear Rotary Youth Club, making an appropriation of $57,000.00 to
help support the programs and activities to better serve our community and its youth
by helping to manage and operate the Fairhope-Point Clear Rotary Youth Club
facility.
WHEREAS, the Fairhope-Point Clear Rotary Youth Club, agrees to work with the
Mayor, and/or her agent(s), to better meet the needs of our community’s youth
through programs and activities; i.e., quality after school and summer programs
which is an absolute necessity for our community.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made quarterly in the amount of $14,250.00 from the
City of Fairhope; until contract either expires or is cancelled.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to
execute contract between the City of Fairhope and the Fairhope-Point Clear Rotary
Youth Club to help support the programs and activities to better serve our community
and its youth by helping to manage and operate the Fairhope-Point Clear Rotary
Youth Club facility.
ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
ATTEST:
_____________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and the Eastern Shore Chamber of Commerce for an appropriation
of $21,000.00 (which includes $14,000.00 for the Annual Leaders Council Program)
to advertise and promote the City of Fairhope.
Page 16 of 246
13 October 2025
RESOLUTION NO. 5587-25
WHEREAS, the Eastern Shore Chamber of Commerce serves a public purpose and
the publicity that the Eastern Shore Chamber of Commerce gives the City of Fairhope
is a public service; and,
WHEREAS, We, the Eastern Shore Chamber of Commerce, agree to work with the
Mayor, and/or his agent(s), advertise (regionally and nationally) and promote the City
of Fairhope and to enhance City revenues through economic development including
sales & use taxes, lodging taxes, business licenses, etc.; and to promote public arts
and crafts for residents and visitors through the annual arts and crafts festival.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the Mayor Sherry Sullivan is hereby authorized to
enter into a contract with the Eastern Shore Chamber of Commerce to promote the
City of Fairhope. The contract shall be for one year, beginning 1 October 2025 and
ending 30 September 2026; but may be canceled at any time. The contract shall call
for a one-time payment to the Eastern Shore Chamber of Commerce in the total
amount of $21,000.00 which includes $14,000.00 for the Annual Leaders Council
Program from the City of Fairhope.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
ATTEST:
_____________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and Baldwin County Economic Development Alliance for an
appropriation of $20,000.00 to support economic development facilitation within the
City of Fairhope.
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*
Page 17 of 246
13 October 2025
RESOLUTION NO. 5588-25
WHEREAS, a contract shall be executed between the City of Fairhope and the Baldwin
County Economic Development Alliance, Inc., making an appropriation of $20,000.00 to
assist with economic development facilitation within the City of Fairhope. BCDEA is
pleased to continue its relationship with the City of Fairhope. BCEDA’s charge is to
develop and facilitate new job creation opportunities for all communities in Baldwin
County. BCEDA will work with City Leadership to continue to develop new job creation
opportunities in but not limited to the following: IT, Software Development, Aerospace,
Aviation and Medical sectors. We will continue to work with the Mayor, City Staff and
City Council to identify, develop and promote designated areas of Fairhope for future job
creation. BCEDA will continue to promote and market the City of
Fairhope, advising national and international corporate decision makers of all that
Fairhope has to offer them as a top site-selection location. BCEDA will continue to
advise and assist the Mayor and City Leaders in developing a place and atmosphere in
Fairhope that encourages, fosters, and facilitates entrepreneurship. BCEDA will work
with local, regional, and statewide workforce development partners to communicate
current and future training and education requirements to Coastal Alabama Community
College and The Academy at the Fairhope Airport.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time upon
notice.
WHEREAS, payment is to be made quarterly in the amount of $5,000.00 from the City
of Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Sherry Sullivan is hereby authorized to sign a contract between
the City of Fairhope and the Baldwin County Economic Development Alliance, Inc.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest
____________________________
Lisa A. Hanks, MMC
City Clerk
Page 18 of 246
13 October 2025
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and the Baldwin Pops for an appropriation of $8,100.00, in-kind
services in the amount of $8,000.00, and resources including personnel, but not
security after normal business hours; and provides an exception to the Sign Ordinance
by allowing banners for their Citywide events and to be displayed 10 days prior to
those events to advertise and promote the City of Fairhope.
RESOLUTION NO. 5589-25
WHEREAS, contract shall be executed between the City of Fairhope and the Baldwin Pops,
making an appropriation of $8,100.00, in-kind services, and resources including personnel, but
not security after normal business hours; and provides an exception to the Sign Ordinance by
allowing banners for their Citywide events and to be displayed 10 days prior those events to
advertise and promote the City of Fairhope; and to provide free concerts yearly for the residents
of Fairhope, also performs at the City’s July 4th celebration and the Founder’s Day Concert and
when available participates in the Veteran Day parade.
The following is the breakdown of the three concerts:
October Concert, Bluff May Concert, Bluff
- $2,500 Concert fee - $2,500 Concert fee
- $200 Facility rental fees (in-kind services) - $200 Facility rental fees (in-kind services)
- $4000 [staging, sound, portables] - $4000 [staging, sound, portables]
- Total: $6,700.00 - Total: $6,700.00
July Concert, Bluff
- $3,100 Concert fee
- $200 Facility rental fees (in-kind services)
- $4000 [staging, sound, portables]
- Total: $7,300.00
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2025 and
ending 30 September 2026; but the contract shall be cancelled at any time upon notice.
WHEREAS, payment shall be made in the amount of $8,100.00 from the City of Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City
of Fairhope and the Baldwin Pops.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 19 of 246
13 October 2025
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and Safe Harbor Animal Coalition, Inc. for an appropriation of
$5,000.00 to help Trap, Neuter & Return “TNR”) local area cats.
RESOLUTION NO. 5590-25
WHEREAS, a contract shall be executed between the City of Fairhope and Safe
Harbor Animal Coalition, Inc. (“SHAC”), making an appropriation of $5,000.00 to
help Trap, Neuter & Return (“TNR”) local area cats. The City has found that it is a
good and useful purpose of public funds to enter into a contract with SHAC to assist
in the growing feral and community cat populations within the City. Trap-Neuter-
Return is the humane, effective approach for controlling free -roaming community
cats. TNR results in significant, measurable, and positive outcomes for cats,
communities, and organizations such as City shelters and animal control.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made in the total amount of $5,000.00.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign
a contract between the City of Fairhope and Safe Harbor Animal Coalition, Inc.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and Jennifer Claire Moore Foundation for an appropriation of
$2,500.00 to help provide programs, services, and resources across Baldwin County
that support the mental well-being of our Youth through programs like “Peer Helpers
PLUS” that is a multi-tiered prevention and support program for K-12 schools.
Page 20 of 246
13 October 2025
RESOLUTION NO. 5591-25
WHEREAS, a contract shall be executed between the City of Fairhope and Jennifer
Claire Moore Foundation, making an appropriation of $2,500.00 to help provide
programs, services, and resources across Baldwin County that support the mental
well-being of our Youth through programs like “Peer Helpers PLUS” that is a multi -
tiered prevention and support program for K-12 schools.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made in the total amount of $2,500.00.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign
a contract between the City of Fairhope and Jennifer Claire Moore Foundation.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_______________________________
Jack Burrell, Council President
Attest
___________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to advertise and promote the City of
Fairhope through its “Live at Five Concerts” that fund The Jacob Hall Memorial
Music Foundation who gives grants to musicians or aspiring musicians who have a
specific musical need. These concerts contribute to the quality of life for the
Community; and Friends of the Halstead, Inc. will also donate tickets for each concert
to be used as Safety Awards or Employee Recognitions.
*
*
Page 21 of 246
13 October 2025
RESOLUTION NO. 5592-25
WHEREAS, a contract shall be executed between the City of Fairhope and Friends
of the Halstead, Inc., making an appropriation of $10,000.00 to advertise and promote
the City of Fairhope through its “Live at Five Concerts” that fund The Jacob Hall
Memorial Music Foundation who gives grants to musicians or aspiring musicians
who have a specific musical need. These concerts contribute to the quality of life for
the Community; and Friends of the Halstead, Inc. will also donate tickets for each
concert to be used as Safety Awards or Employee Recognitions.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2025 and ending 30 September 2026; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made in the total amount of $10,000.00.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign
a contract between the City of Fairhope and Friends of the Halstead, Inc.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
____________________________
Lisa A. Hanks, MMC
City Clerk
A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the
City of Fairhope and Thomas Hospital for use of the City facilities (rental and
cleaning fees), including streets and parks, depending on availability and permission
from the Rental Facilities Manager; but they would be responsible for any incidentals,
damages, or security if necessary.
*
*
Page 22 of 246
13 October 2025
RESOLUTION NO. 5593-25
WHEREAS, Thomas Hospital serves a public purpose and the health education that the Thomas
Hospital gives the City of Fairhope is a public service; and,
WHEREAS, We, Thomas Hospital, agree to work with the Mayor, and /or her agent(s), to promote the
City of Fairhope and to contribute time, employees, and other resources putting on health related
programs, meetings and programs affiliated with Thomas Hospital, throughout the year in the Fairhope
community, schools or at the hospital facilities. Many events, schools, and Fairhope programs are
sponsored by Thomas Hospital. The Thomas Hospital Auxiliary provides hours of service to the
hospital that benefit Fairhope citizens; and
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute contract between the City of
Fairhope and Thomas Hospital for use of the City facilities (rental and cleaning fees), including streets
and parks, depending on availability and permission from the Rental Facilities Manager; but they
would be responsible for any incidentals, damages, or security if necessary.
ADOPTED THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
ATTEST:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Approving the request of Golf Green Fees and Cart Fees for the Fairhope Educational
Enrichment Foundation (“FEEF”) Golf Tournament and Booster Golf Tournament as
an in-kind donation ($7,500.00).
Approving the request of the Eastern Shore Optimist Club requesting an in-kind
donation ($2,000.00) to use the Fairhope Civic Center for the Dogwood Trail Pageant
and Scholarship Program.
Planning and Zoning Manager Payton Rogers addressed the City Council to
explain the Site Plan Review of property owned by Avrend, LLC for Rock Creek
Commercial which is approximately 2.23 acres and is zoned PUD (Planned Unit
Development). Located on Rock Creek Parkway east of US 98. PPIN: 347922 and
242236.
Councilmember Conyers moved to approve the Site Plan property owned by
Avrend, LLC listed above with Staff recommendations and that the Engineer will
provide a letter certifying the detention pond meets all necessary standards once it has
been cleaned out and letter accepted. Seconded by Councilmember Boone, motion
passed unanimously by voice vote.
Page 23 of 246
13 October 2025
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the public improvements indicated herein
for Rockwell Place are hereby accepted for public maintenance subject to the bond
posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and
Guaranty Agreement between the City of Fairhope and Rockwell, LLC. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 5594-25
WHEREAS, the Owners of Rockwell Place Subdivision desire to have all public streets and
public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin
County, Alabama, on Slide 2942-B, and all Fairhope public utilities located in public right-of-
ways accepted for maintenance by the City of Fairhope, Alabama, and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the
project that the design and capacity of the public improvements have been designed in
conformance with City requirements, and;
WHEREAS, the Public Works Director has indicated that the improvements meet City
requirements, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Rockwell
Place, maintenance bonds for the public improvements constructed for a period of 2 years,
and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA that the public improvements indicated herein for Rockwell Place
are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor
Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of
Fairhope and Rockwell, LLC (the “Subdivider”).
BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of
Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of
the public streets, or any irrigation systems installed within the right -of-way of public streets,
whether or not such may be located within dedicated easements in any of these developments.
Adopted on this 13th day of October 2025
___________________________
Jack Burrell, Council President
Attest:
____________________________
Lisa A. Hanks, MMC
City Clerk
Page 24 of 246
13 October 2025
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of CARUS 8700 Corrosion Inhibitor Water Treatment Chemical as the
Sole Source Procurement from distributor Alberty & Blakeney LLC, for an estimated
annual amount of $360,000.00 based on the option by the Code of Alabama 1975,
Section 41-16-51(13). Seconded by Councilmember Robinson, motion passed
unanimously by voice vote.
RESOLUTION NO. 5595-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope approves the procurement of CARUS 8700 Corrosion
Inhibitor Water Treatment Chemical as the Sole Source Procurement from distributor
Alberty & Blakeney LLC, for an estimated annual amount of $360,00000 based on the
option by the Code of Alabama 1975, Section 41-16-51(13): “Contractual services and
purchases of commodities for which there is only one vendor or supplier and contractual
services and purchases of personal property which by their very nature are impossible to
award by competitive bidding.”
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and
Azone 15 (Liquid Bleach) from Hawkins, Inc. for the Water Department and
authorizes procurement based on the option allowed by the Code of Alabama 1975,
Section 41-16-51(b)(7). The estimated annual cost for these chemicals is
$200,000.00. Seconded by Councilmember Robinson, motion passed unanimously by
voice vote.
Page 25 of 246
13 October 2025
RESOLUTION NO. 5596-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope approves the procurement of Hydrated Lime, Chlorine,
Hydrofluosilicic Acid (Fluoride), and Azone 15 (Liquid Bleach) from Hawkins, Inc. for
the Water Department and authorizes procurement based on the option allowed by the
Code of Alabama 1975, Section 41-16-51(b)(7). The estimated annual cost for these
chemicals is $200,000.00.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
_____________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution to award (Bid No. 25-062-2025-PWA-006)
to Weaver Directional Boring, Inc. for Fairhope Avenue 24-inch Water Transmission
Main with a bid proposal not-to-exceed $3,373,186.80. Seconded by Councilmember
Boone, motion passed unanimously by voice vote.
*
*
*
*
Page 26 of 246
13 October 2025
RESOLUTION NO. 5597-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-062-2025-
PWA-006) for Fairhope Avenue 24-inch Water Transmission Main for the Water Department.
[2] At the appointed time and place, the following bids were opened and tabulated as follows:
Contractor Base Bid Alternate 1 Alternate 2 Total Bid
Weaver Directional Boring Inc. $2,500,437.30 $835,249.5 $37,500.00 $3,373,186.80
L&K Contracting Co., Inc. $2,915,851.50 $975,975.00 $0.00 $3,891,826.50
Gator Boring, Inc. $3,602,482.50 $1,186,650.00 $750,000.00 $5,539,132.50
Rast Construction, Inc. $3,604,160.00 $1,176,050.00 $900,000.00 $5,680,210.00
Eqiux Energy Services, LLC. $4,109,797.00 $1,384,400.00 $750,000.00 $6,244,197.00
Boan Contracting Co., Inc. $4,368,180.02 $1,431,021.97 $545,000.00 $6,344,201.99
[3] After evaluating the bid proposals with the required bid specifications, Weaver Directional
Boring, Inc. is now awarded (Bid No. 25-062-2025-PWA-006) to for Fairhope Avenue 24-
inch Water Transmission Main for the Water Department with a bid proposal not -to-exceed
$3,373,186.80.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City of Fairhope approves the
procurement of CAL-FLO Lime Slurry for water treatment as the Sole Source
Procurement from Burnett Lime Company, Inc., and authorizes procurement based on
the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The
estimated annual cost will be $50,000.00. Seconded by Councilmember Conyers,
motion passed unanimously by voice vote.
Page 27 of 246
13 October 2025
RESOLUTION NO. 5598-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City of Fairhope approves the procurement of CAL-FLO Lime Slurry for Water
Treatment as the Sole Source Procurement from Burnett Lime Company, Inc.; and authorizes
procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The
estimated annual cost will be $50,000.00.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
____________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City of Fairhope has voted to
approve the procurement of Sensus iPERL® Water Meters, Sensus FlexNet Easylink
mobile reading devices, and Sensus FlexRead software from Core and Main LP as
sole source distributor; and authorizes procurement based on the option allowed by
the Code of Alabama 1975, Section 41-16-51(13). The annual cost will not-to-exceed
$500,000.00. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
RESOLUTION NO. 5599-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City of Fairhope has voted to approve the procurement of Sensus iPERL®
Water Meters, Sensus FlexNet Easylink mobile reading devices, and Sensus FlexRead software from
Core and Main LP as sole source distributor; and authorizes procurement based on the option allowed
by the Code of Alabama 1975, Section 41-16-51(13). The annual cost will not-to-exceed $500,000.00.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
_____________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 28 of 246
13 October 2025
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution to award (Bid No. 25-059) to Merrell Bros.,
Inc. for Trailer Mounted Belt Press Equipment Rental for the Fairhope Wastewater
Treatment Plant with a bid proposal not-to-exceed $389,750.00 (10 months will be in
FY 2026 with a cost of $324,791.66 and the remaining balance of $64,958.34 will be
in FY 2027). Seconded by Councilmember Boone, motion passed unanimously by
voice vote.
RESOLUTION NO. 5600-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-059) Trailer
Mounted Belt Equipment Rental for the City of Fairhope Water and Wastewater Department.
[2] At the appointed time and place, the following bid was opened and tabulated as follows:
Rental/Lease for One Year for $389,750.00
Trailer Mounted Belt Equipment
[3] After evaluating the bid proposals with the required bid specifications, Merrell Bros., Inc.
is now awarded (Bid No. 25-059) Trailer Mounted Belt Equipment Rental for the City of
Fairhope Water and Wastewater Department with a bid proposal not-to-exceed $389,750.00
(10 months will be in FY 2026 with a cost of $324,791.66 and the remaining balance of
$64,958.34 will be in FY 2027).
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council hereby authorizes the City
Engineer to send a 30-day notice to terminate the contract with J. Payne Organization
LLC pursuant to Section 6. "Termination of Agreement" a. "Termination for
Default", which allows after 30 days for the City to terminate the contract; and
authorizes the Mayor to make claim against the Surety ("Calling the Bond") to
intercede to complete the project per the Contract Terms, Conditions, Plans and
Specifications. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
Page 29 of 246
13 October 2025
RESOLUTION NO. 5601-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA,
That the City Council hereby authorizes the City Engineer to send a 30 -day notice to terminate the
contract with J. Payne Organization LLC (Bid No. 24-053-2024-PWI-010 for John Martin Nature
Center) pursuant to Section 6. "Termination of Agreement" a. "Termination for Default,” which
allows after 30 days for the City to terminate the contract; and authorizes the Mayor to make claim
against the Surety ("Calling the Bond") to intercede to complete the project per the Contract Terms,
Conditions, Plans and Specifications.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City Council approves the selection
by Mayor Sherry Sullivan for Professional Landscape Architect Services for RFQ
PS26-004) for Foundation Park - Phase One to WAS Design; and hereby authorizes
Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 5602-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council approves the selection by Mayor Sherry Sullivan for Professional
Landscape Architect Services for RFQ PS26-004) for Foundation Park - Phase One (Project No. 2026-
PWD 002) to WAS Design; and hereby authorizes Mayor Sullivan to negotiate the not -to-exceed fee to
be approved by Council.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 30 of 246
13 October 2025
Rebecca Byrne with Community Foundation of South Alabama addressed the
City Council and presented a check for $50,000.00 to begin Phase I of Foundation
Park. Ms. Byrne said she was delighted with the partnership with the City of
Fairhope.
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that Mayor Sherry Sullivan is hereby
authorized to execute a Contract with Mark B. Hammond, Architect for Professional
Architectural & Engineering Services for a 3rd Peer Review of Design by Adams &
Stewart for 2022-PWI 004 HMGP Saferoom (RFQ PS25-037) with a not-to-exceed
amount of $7,000.00. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
RESOLUTION NO. 5603-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to
execute a Contract with Mark B. Hammond, Architect for Professional Architectural
& Engineering Services for a 3rd Peer Review of Design by Adams & Stewart for
2022-PWI 004 HMGP Saferoom (RFQ PS25-037) with a not-to-exceed amount of
$7,000.00.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that certain items are declared surplus, and the
Mayor and City Treasurer are hereby authorized and directed to dispose of personal
property owned by the City of Fairhope via "GovDeals.” Seconded by
Councilmember Robinson, motion passed unanimously by voice vote.
Page 31 of 246
13 October 2025
RESOLUTION NO. 5604-25
WHEREAS, the City of Fairhope, Alabama, has certain items of personal property
which are no longer needed for public or municipal purposes; and
WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal
governing body to dispose of unneeded personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. That the following personal property owned by the City of Fairhope,
Alabama, is not needed for public or municipal purposes, and hereby declared surplus:
1. Asset# 01102 – 2006 Chevy Trailblazer
1GNDS13S662337758 (98,407 mi) Civic Center
2. Asset #01057 – 2010 Ford Expedition
1FMJU1F50AEB49736 (127,073 mi) Police Department
3. Asset# 01056 – 2010 Ford Expedition
1FMJU1F52AEB49737 (178,624 mi) Police Department
4. Asset #01579 – 2016 Chevy Tahoe
1GNLCDEC5GR432143 (104,161 mi) Police Department
5. Asset #01031 – 2013 Chevy Tahoe
1GNLC2E0XDR316118 (140,034 mi) Police Department
6. Asset #01123 – 2004 Better Built Trailer
4MNDP242141003085 Gas Department
SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to
dispose of the personal property owned by the City of Fairhope, Alabama, described in
Section 1, above, by the following method:
a. Receiving bids for such property (via “GovDeals”). All such property shall be
sold to the highest bidder, provided, however, that the City Council shall grant
the authority to the Mayor to reject all bids when, in her opinion, she deems the
bids to be less than adequate consideration for the personal property.
ADOPTED AND APPROVED THIS 13TH DAY OF OCTOBER 2025
________________________________
Jack Burrell, Council President
ATTEST:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 32 of 246
13 October 2025
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution to award (Bid No. 26-005) to Blast Soccer Club,
Inc. d/b/a Fairhope Soccer Club for Lease of Fairhope Soccer Concession Stand with
a lease proposal of $417.00 per month. Seconded by Councilmember Robinson,
motion passed unanimously by voice vote.
RESOLUTION NO. 5605-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to Lease Fairhope
Soccer Concession Stand for (Bid No. 26-005) at the Soccer Complex at 555 South
Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, only one bid was received and tabulated as
follows:
Blast Soccer Club, Inc. $417.00 per month lease
[3] After evaluating the bid with the required specifications, Blast Soccer Club, Inc. is
now awarded (Bid No. 26-005) Lease Fairhope Soccer Concession Stand for $417.00
per month.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution to award (Bid No. 25-063) to Safety
Extinguisher, LLC. for Fire Extinguisher Inspection Services Annual Contract with
an Annual Contract Amount not-to-exceed $50,000.00. Seconded by Councilmember
Boone, motion passed unanimously by voice vote.
Page 33 of 246
13 October 2025
RESOLUTION NO. 5606-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-063)
Fire Extinguisher Inspection Services Annual Contract for the City of Fairhope.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
Fire Extinguisher Inspection Services
[3] After evaluating the bid proposals with the required bid specifications, Safety
Extinguisher, LLC is now awarded (Bid No. 25-063) Fire Extinguisher Inspection
Services for the City of Fairhope with a bid proposal not-to-exceed $50,000.00.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
*
*
*
*
Page 34 of 246
13 October 2025
Page 35 of 246
13 October 2025
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City of Fairhope approves the
procurement of the Annual Renewal of the Microsoft 365 Licenses that is on Omnia
Partners (Contract #2018011-02) with SHI International Org. and therefore does not
have to be let out for bid. The total amount not-to-exceed $93,146.36. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
Page 36 of 246
13 October 2025
RESOLUTION NO. 5607-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City of Fairhope approves the procurement of the Annual Renewal of the
Microsoft 365 Licenses that is on Omnia Partners (Contract #2018011-02) with SHI International
Org. and therefore does not have to be let out for bid. The total amount not-to-exceed $93,146.36.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of the Annual Subscription for Korterra Services from Korterra, Inc.
with a One-Time Setup Fee of $750.00, An Annual Service Fee of $7,350.00, and an
additional Overage Rate of $0.25 per Ticket; and authorizes Mayor Sherry Sullivan to
execute a contract. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
RESOLUTION NO. 5608-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City of Fairhope approves the procurement of the Annual Subscription for
KorTerra Services from KorTerra, Inc. for the Gas Department with a One-Time Setup Fee of
$750.00, an Annual Service Fee of $7,350.00, and an additional Overage Rate of $0.25 per Ticket;
and authorizes Mayor Sherry Sullivan to execute a contract.
ADOPTED ON THIS 13TH DAY OF OCTOBER 2025
______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 37 of 246
13 October 2025
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City Council hereby authorizes
Mayor Sherry Sullivan to execute a three (3) year agreement with Maynard Nexsen,
P. C. from October 2025 to September 2028, with a retainer fee of Eight Thousand
Five Hundred Dollars ($8,500.00) per month; plus reimburse monthly for all
reasonable travel and other meeting-related expenses incurred in the performance of
services under the agreement. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
RESOLUTION NO. 5609-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry
Sullivan to execute a three (3) year agreement with Maynard Nexsen from October
2025 to September 2028, with a retainer fee of Eight Thousand Five Hundred Dollars
($8,500.00) per month; plus reimburse monthly for all reasonable travel and other
meeting-related expenses incurred in the performance of services under the
agreement.
DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025
________________________________
Jack Burrell, Council President
Attest:
____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone moved to grant the request of the Fairhope East K-6
Parent Teacher Corporation, in collaboration with the Fairhope West Parent Teacher
Partnership and J. Larry Newton Parent Teacher Organization, are requesting
permission to close the streets in downtown Fairhope on Saturday, February 28, 2026,
from 6:00 a.m. to 10:00 a.m. for the 11th Annual "The Pirate Dash"; and requesting
electricity at the starting/ending point of the race on the bluff with barricades at major
road intersections to protect our runners. The Pirate Dash will begin and end at the
same location on Magnolia Avenue on the bluff (Henry George Park). Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
Page 38 of 246
13 October 2025
The following individual spoke during Public Participation for Non-Agenda
Items:
1) Mayor Sullivan addressed the City Council regarding Domestic Violence
Awareness Month and Proclamation read earlier; and presented it to a
representative from The Lighthouse.
2) Catherine King, 508 Dyson, addressed the City Council regarding
Bancroft Corner and mentioned three Cooperatives with one being the
Farmers Cooperative. She said the Berglin was Mayor from 1914 to 1916;
and owned the Creamery Corner from 1925 to 1961. He ran a dairy
business and taught farmers. She suggested naming the corner the
“Creamery Corner” after Berglin.
Councilmember Conyers moved to adjourn the meeting. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:13 p.m.
Jack Burrell, Council President
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 39 of 246
STATE OF ALABAMA ) (
:
COUNTY OF BALDWIN ) (
The City Council met in a Work Session
at 4:30 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532,
on Monday, 13 October 2025.
Present were Council President Pro Tempore Jay Robinson, Councilmembers:
Jimmy Conyers and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E.
McDowell, and City Clerk Lisa A. Hanks. Council President Jack Burrell and
Councilmember Corey Martin were absent.
Council President Pro Tempore Robinson called the meeting to order at 4:30 p.m.
The following topics were discussed:
• The first item on the Agenda was the Discussion regarding Addition to NEOGOV
Platform by Human Resources Director Hannah Noonan. She presented the attached
Power Point Present titled “NEOGOV Learn: A Learning Management System” and
answered questions. Mayor Sullivan explained the need and how it could help with
tracking documents and certifications.
• Water and Wastewater Superintendent Daryl Morefield addressed the City Council
regarding Agenda Items No. 9, No. 10, No. 11, No. 12, No. 13, and, No. 14; and
answered any questions if needed.
• City Engineer Richard Johnson addressed the City Council regarding Agenda Items No.
15, No. 16, and No. 17; and answered any questions if needed. He commented that the
name of the Park on No. 16 needed to be changed to Foundation Park.
• Planning and Zoning Manager Payton Rogers addressed the City Council regarding
Agenda Items No. 7, and No. 8; and answered any questions if needed.
• Public Works Director George Ladd addressed the City Council regarding Agenda Items
No. 18, and No. 20; and answered any questions if needed.
• IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 21;
and answered any questions if needed.
• City Treasurer Kim Creech addressed the City Council regarding the budget and stated it
will now be online through Clear View.
• Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Item No.
22; and answered any questions if needed. He mentioned the Phase II Cast Iron
Replacement Project.
• Mayor Sherry Sullivan addressed the City Council regarding Agenda Items No. 6, No.
19, and No. 23; and answered any questions if needed. He stated that there are $10
million in upgrades to the runway.
Page 40 of 246
Monday, 13 October 2025
Page -2-
• Building Official Erik Cortinas addressed the City Council regarding Agenda Item No. 5;
and answered any questions if needed.
There being no further business to come before the City Council, the meeting was
duly adjourned at 5:07 p.m.
______________________________
Jay Robinson,
Council President Pro Tempore
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 41 of 246
Page 42 of 246
Page 43 of 246
NEOGOV Learn
Why is this important to us?
Core Values + Operational Efficiency
Safety, Compliance, and Professional Development are
some of the core values of City of Fairhope employees.
One of the primary functions of HR is to support our
core values in an efficient manner.
Ensuring productivity and continuity are key factors
when exploring training opportunities for our
employees.
Page 44 of 246
Challenge: Traditional Paper and Manual Processes
• Paper processes
• Lost documents = Non-Compliance
• Storage volume & records retention
• Time-Consuming
• Designing course content &
ensuring validity
• Sign up, sign in, completion &
renewal documentation
e
Page 45 of 246
Critical Need: Employee Training and Development
• Online Training
• Easier & more convenient access to
trainings
• Saves on instructor & travel costs
• Automated Enrollment
• Use New Hire & Promotion actions on
recruitment platform to initiate tasks
• Use Training/Certification Expiration
Dates to enroll in renewals.
• Ensures compliance continuity &
ample opportunities for development
• Centralized Documentation
• Classroom training
• Online courses
• External training events
• Certifications & Licenses
• Real Time Reporting
• Succession Planning & Pathway for
Development
• Ensures best chances for success
in their new roles e
Page 46 of 246
Current Issues
Page 47 of 246
Alabama Client Feedback
Alabama A&M University
Alabama Community College System
City of Auburn
City of Enterprise
City of Trussville
Shelby County
Madison County
University of North Alabama
Page 48 of 246
Cost
Budgeted with FY 2026
Page 49 of 246
Page 50 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-20
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Public Hearing – Ordinance – Amend Ordinance No. 1253 - to
consider the request from the City of Fairhope Planning and Zoning
Department, for amendments to the City of Fairhope’s Zoning
Ordinance.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
These are the proposed amendments we have discussed for a few months. We can
discuss before or during the meeting. Please note that if we make changes to the
proposed language, we will have to re-advertise, which will delay the Council's ability to
adopt said regulations for approximately six weeks, depending on the newspaper's
holiday advertising schedule.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Page 51 of 246
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 52 of 246
ORDINANCE NO. ____
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, as
previously amended, is changed and altered as described below:
, the City Council of the City of Fairhope, Alabama directed the Planning
Department to prepare amendments to the Zoning Ordinance; and,
, the proposed amendments relate to various sections of the Zoning Ordinance;
and,
, after the appropriate public notice and hearing of Case ZC 25.07 on September
4, 2025, the Planning Commission of the City of Fairhope, Alabama has forwarded a
favorable recommendation;
1. THAT, the Zoning Ordinance be hereby amended to read as shown in Exhibit A.
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.
This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 27TH DAY OF OCTOBER, 2025
_____________________________
Jack Burrell, Council President
ATTEST:
__________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 27TH DAY OF OCTOBER, 2025
_____________________________
Sherry Sullivan, Mayor
Page 53 of 246
Exhibit A -Proposed Amendments for City Council Review.
For questions,please call 251-990-0214 or e-mail Planning@Fairhopeal.gov
ATTEST:
CITY OF FAIRHOPE
FAIRHOPE,ALABAMA
ZONING ORDINANCE
ORDINANCE NO.1253
AMENDED JUNE 3,2025
ADOPTED BY THE CITY COUNCIL ON 27 JUNE 2005
_
(IoTHv\ç.K4NT,4AYOR
Ord.No._/25Publlshed in
THE FAIRHQPE1COURIER
____________
Clerk
Page 54 of 246
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO.1253
KNOWN AS THE ZONING ORDINANCE
The ordinance known as the Zoning Ordinance (No.1253),adopted 27 June 2005,as previously
amended,is changed and altered as described below:
WHEREAS,the City Council of the City of Fairhope,Alabama directed the Planning
Department to prepare amendments to the Zoning Ordinance;and,
WHEREAS,the proposed amendments relate to various sections of the Zoning Ordinance;and,
WHEREAS,after the appropriate public notice and hearing of Case ZC 25.07 on September 4,
2025,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,the Zoning Ordinance be hereby amended to read as shown in Exhibit A.
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.
END OF PROPOSED ORDINANCE
Page 55 of 246
TABLE OF CONTENTS
Article I.General
A.Title
B.Purpose and Authority
C.Applicability
1.Establishment of Districts
2.Application of Regulations
3.Interpretation of District Boundaries
4.Adoption,Identification and Changes to the Official Zoning Map
5.Text Amendments
6.Newly Annexed Land
7.Conflicts with Other Laws
8.Severability and Validity
Article II.Procedures
A.Review Bodies
1.City Council
2.Planning Commission
3.Director of Planning
4.Board of Adjustments
B.Applications
C.Review Procedures
1.Zoning Amendments
2.Site Plan
3.Board of Adjustment Application
4.Permits and Certificates
Article III.Zoning Districts
A.Purpose and Intent of Zoning Districts
B.Allowed Uses
1.Use Table
2.Accessory Uses
3.Temporary Uses
C.Dimension Standards
I.Lots and Principle Principal Structure -Dimension Table
2.Residential Accessory Structures -Dimension Table
3.Yards
4.Free-standing Commercial Structures
5.Waterfront Lots
D.Special Conditions for Uses
1.Recreational Vehicle Parks
2.Townhouses
3.Patio and Garden Homes
4.Automobile Service Stations and Convenience Stores
5.Home Occupations
6.Cemeteries
7.Storage and Parking of Trailers and Commercial Vehicles
8.Personal Storage
9.Accessory Dwelling Units
10.Building Materials on Commercially Zoned Property
11.Body-Piercing Studios,Non-Chartered Financial Institutions,Palm Readers,Pawn Shops,and
Tattoo Parlors
12.Restaurants and Accessory Bars in the M-1 Light Industrial District
13.MuLti—Family/Apartment
14.Mixed-Use Building
FA1PJIOPE ZONING ORDiNANCE
Page 56 of 246
Article IV.Site Design Standards
A.Open Space
B.Screening,Lighting and Landscape Material
C.Streetscape
D.Site Access and Internal Circulation
E.Parking
F.Stormwater Management
G.Tree Preservation
Article V.Special Districts and Uses
A.PUD -Planned Unit Development
B.CBD -Central Business District Overlay
C.FH-l Flood Hazard District
D.R-6 Manufactured Home District
E.AO -Airport Overlay
F.P-l Parking District
G.TR -Tourism Resort District
H.MO -Medical Overlay District
I.HTD -Highway Transitional District
Article VI.Village Districts IReservedl
A.VRM Village Residential Mix
B.NVC Neighborhood Village Center
C’.CVC Community \‘illage Center
D.Village Zoning Special Review Procedures
Article VII.Non-conformities
A.Purpose and Intent
B.Non-conforming Structures
C.Non-conforming Uses
D.Non-conforming Lots
E.Maintenance of Non-conformities
F.Adjacent Land
Article VIII.Enforcement
A.Penalties
B.Remedies
C.Appeal
Article IX.Definitions and Interpretation
A.Interpretation
B.Description of Uses
C.Defined Terms
Appendix A —Applications and Submittal Requirements
Appendix B -Map Amendment Ordinances
Appendix C —Text Amendment Ordinances
FAIRHOPE ZONING ORDINANCE
Page 57 of 246
Article I Section A
General Title
Article I
General
A.Title
B.Purpose and Authority
C.Applicability
1.Establishment of Districts
2.Application of Regulations
3.Interpretation of District Boundaries
4.Adoption,Identification and Changes to the Official Zoning Map
5.Text Amendments
6.Newly Annexed Land
7.Conflicts with Other Laws
8.Severability and Validity
A.Title
This ordinance shall be known and may be cited as the “Zoning Ordinance”for the City of Fairhope,Alabama.
B.Purpose and Authority
1.Authority
This ordinance,and all subsequent amendments,is adopted pursuant to the authority granted by Section 11-52-1
et seq.Code of Alabama,1975 (as amended).
2.Purpose
This ordinance is adopted for the following purposes,all in accordance with the Comprehensive Plan of the City
of Fairhope,Alabama:
a.to lessen congestion in the streets;
b.to secure safety from fire,panic,and other dangers;
c.to promote health and general welfare;
d.to provide adequate light and air;
e.to prevent overcrowding of land;
f.to avoid undue concentration of land;and,
g.to facilitate the adequate provision of transportation,water,sewerage,schools,parks,and other public
requirements.
FAIRHOPE ZONING ORDINANCE 1
Page 58 of 246
Article I Section C
General Applicability
C.Applicability
1.Establishment of Districts
The following districts are established to maintain the character of the districts and their suitability for particular
uses,and to conserve the value of buildings and encourage the most appropriate use of land throughout the
municipality.
•R-A -Residential/Agriculture District
•R-l -Low Density Single-Family Residential District
•R-l(a)-Low Density Single-Family Residential District
•R-l(b)-Low Density Single-Family Residential District
•R-l(c)-Low Density Single-Family Residential District
•R-2 -Medium Density Single-Family Residential District
•R-3 -High Density Single-Family Residential District
•R-3 PGH -High Density Single-Family Patio Garden Home Residential District
•R-3 TH -High Density Single-Family Townhouse Residential District
•R-4 -Low density Multi-Family Residential District
•R-5 -High Density Dwelling Residential District
•R-6 -Manufactured Home District
•B-i -Local Shopping District
•B-2 -General Business District
•B-3a -Tourist Resort Lodging District
•B-3b —Tourist Resort Commercial Service District
•B-4 -Business and Professional District
•M-1 —Light Industrial District
•M-2 -General Industrial District
•CBD -Central Business District Overlay
•AO -Airport Overlay
•P-I -Parking District
•FH-I -Flood Hazard District
•PUD —Planned Unit Development
——---RM Village Residential Mix [Rcscr ed]
NyC’Neichborhood Villae Ccntcr[Reservedj
—CVC’Community Village C’cntcr[Rcscrvcdj
•HTD —Highway Transitional District
•REC-I —Active Recreation
•REC’-2 —Passive Recreation
2.Application of Regulations
a.Use.No building or land shall be used or occupied and no building or part there of shall be erected,
constructed,moved,or altered except in conformity with the regulations for the district in which it is or is
to be located.
b.Si,-uctures.No structure shall be erected,constructed or altered so as to exceed the height limit or
dimensional standards specified in the regulations herein for the district in which it is located.
c.Lois No lot shall be reduced in size below the minimum requirement for lot width or depth.front,side,or
rear yard,inner or outer courts,lot area per family or other requirements of this ordinance.This section
shall not apply when a portion of a lot is acquired for public use.
3.Interpretation of District Boundaries
Where uncertainty exists with respect to the boundaries of any of the districts as shown on the official zoning
map,the following rules shall apply:
F.4IRIJOPE ZONING ORDINANCE
Page 59 of 246
Article I Section C
General Applicability
a.Unless otherwise indicated,the district boundaries shall be construed to follow property lines,land lot
lines,center lines of public rights-of-way,shorelines of bodies of water,or civil boundaries.
b.Where district boundaries are approximately parallel to the centerlines of rights-of-way or of shorelines of
bodies of water,district boundaries shall be construed as being parallel to these lines at the distance
indicated on the official zoning map.If no distance is given,the dimensions shall be determined by the use
of the scale shown on the official zoning map.
c.Where a public right-of-way is officially vacated or abandoned,the regulations applicable to the property to
which it is reverted shall apply to the vacated or abandoned right-of-way.
d.The final determination of a district boundary shall be made according to the legal description contained in
the adopted ordinance.If the description is incomplete,the city council shall determine the legislative
intent and may,if necessaly,adopt an amending ordinance to correct the district boundary.
4.Adoption,Identification and Changes to the Official Zoning Map
The current zoning map of the City,which is maintained by the Director of Planning and Building or his I her
designee under the direction of the Mayor and kept on file at City Hall,shall continue to be the official zoning
map of the City and nothing contained herein shall be construed to alter or amend the current zoning map.A
copy of said map is attached hereto as Exhibit “A”.Future changes in district boundaries shall be made on the
zoning map for convenience and reference.Map amendments to the zoning ordinance shall be made in
accordance with the procedures established in Article TI hereof.This official ordinance approving the map
change shall be recorded in Appendix A of the Zoning Ordinance.In the event of a conflict between the map
and this zoning ordinance or any amendment hereto,the legal description from the particular ordinance shall
control.
5.Text Amendments
Text amendments to the Zoning Ordinance shall be made according to the procedures established in Article IT.
Ordinances amending the text of the Zoning Ordinance shall be recorded in Appendix C of this ordinance.
6.Newly Annexed Land
Property annexed into the City shall be zoned according to the following:
a.Property shall have any zoning designation given to it by the City Council according to the procedures
specified in this ordinance.
b.Where no designation is given by the City Council and the property is otherwise un-zoned,it shall be
classified as Rl —Low Density Single Family Residential District.
c.Property annexed into the City that is zoned by Baldwin County shall be classified as the most similar
district at the time of application,unless a different classification is given by the City Council.The
Director of Planning and Building shall make the determination of the most similar district.Similar
classifications do not require due process and public notice procedures before the Planning Commission or
the City Council.These requests are considered directly by the City Council at the time of annexation
consideration.If the applicant requests a different zoning district then the case shall follow the annexation
contingent on zoning procedures.
7.Conflicts with Other Laws
Whenever the requirements of this ordinance conflict with the requirements of any other lawfully adopted
statutes,rules,regulations,or ordinances,the most restrictive,or that imposing higher standards,shall govern.
8.Severability and Validity
Each phrase,sentence,paragraph,section or other provision of this ordinance is severable from all other such
phrases,sentences,paragraphs,sections and provisions.Should any phrase,sentence,paragraph,section or
provision of this ordinance be declared by the courts to be unconstitutional or invalid,such declaration shall not
affect any other portion or provision of this ordinance.
FAIRHOPE ZONING ORDINANCE 3
Page 60 of 246
Article!!Section A
Procedures Review Bodies
Article II
Procedures
A.Review Bodies
1.City Council
2.Planning Commission
3.Director of Planning
4.Board of Adjustments
B.Applications
C.Review Procedures
1.Zoning Amendments
2.Site Plan
3.Board of Adjustment Application
4.Permits and Certificates
A.Review Bodies
City Council
The City Council shall exercise all final legislative authority over zoning matters as provided in this ordinance.
2.Planning Commission
a.Establishment and .4uthorTh’:The Planning Commission of the City of Fairhope is established according to
Title 11,Chapter 52 of the Code of Alabama (1975),as amended,and Article 17 of the City Code.The
Planning Commission shall exercise the authority granted by the Code of Alabama,the City Code,and the
Zoning Ordinance.
b..tlenberships:
(1)The commission shall consist of nine members having the following qualifications:
•A member of the city council,to be selected by it;
•The mayor;
•An administrative official of the city,appointed by the mayor;
•Six members,appointed by the mayor,who shall reside in or have as their principal place of
employment,the City of Fairhope,Alabama or its planning jurisdiction who hold no other public
office in the City of Fairhope.
•This subsection is intended to comply with the terms of Chapter 52 of Title 11 of the Code of
Alabama (1975).as amended,with respect to the members of the Planning Commission.To the
extent those terms are altered,amended,replaced or otherwise changed,this subsection shall be
construed so as to apply with such altered,amended,replaced or changed terms.
(2)The mayor,the city councilperson,and the city administrative official shall be ex-officio members of
the commission having flaIl privilege of participation in the business of the commission,including
voting privileges.Their terms shall correspond to their respective official tenures except that the terms
of the administrative official selected by mayor shall terminate with the term of the selecting mayor.
FAIRHOPE ZONING ORDIIV4IVCE 4
Page 61 of 246
Article II Section A
Procedures Review Bodies
(3)All members shall serve without compensation but may be reimbursed for actual expenses incurred in
connection with their official duties.All members shall be provided with relevant information
outlining conflict of interest laws.
(4)The Director of Planning and Zoning shall serve in an advisory capacity to the commission and shall
attend all meetings,unless excused by the commission,but shall not vote.
(5)The terms of the six members citizen employees shall be e in accordance with the applicable law;
provided;however,that nothing in this zoning ordinance shall be construed so as to shorten the term of
any current citizen appointee.
(6)The vacancy on the commission shall be filled for the un-expired term by the mayor in the case of
members appointed by the mayor or by the council in the case of a member selected by the council.
Members appointed by the mayor may be removed by the mayor and the member appointed by the
council may be removed by the council for inefficiency,neglect of duty or malfeasance in office after a
public hearing held pursuant to written charges.
c.Rules of Procedure:The Planning Commission shall establish bylaws under which to operate as provided
by law.
d.Duties and Pou’ers Under Zoning Ordinance:The Planning Commission shall have the following powers
and duties under the Zoning Ordinance:
(1)To review and make recommendations on zoning amendments for compliance with the Comprehensive
Plan.
(2)To review and approve site plans consistent with the standards in this ordinance and the existing
zoning for the property.
(3)To propose zoning amendments to the City Council;
(4)To advise the City Council on implementation of the Comprehensive Plan,and;
(5)Other duties as authorized by the Code of Alabama (1975),as amended,and the City Code.
3.Director of Planning and Zoning
The Director of Planning and Zoning shall be the municipal zoning officer,or the zoning officer’s
representative whose duties shall be as follows:
a.The Director of Planning and Zoning is authorized and empowered on behalf and in the name of
the council to administer and enforce the provisions of this ordinance including:
(1)Receive applications;
(2)Inspect premises,and issue certificates of zoning compliance,and certificates of occupancy
for uses and structures which are in conformance with the provisions of this ordinance;
(3)Interpret the meaning of the ordinance in the course of enforcement;
(4)Propose zoning amendments as provided in this ordinance;and,
(5)Advise the Planning Conunission and City Council on implementation of the Comprehensive
Plan.
b.The Director of Planning and Zoning shall keep records of certificates of occupancy issued,maps,
plats and other documents with notations of all special conditions involved.Director shall file
and safely keep copies of all sketches and plans submitted,and the same shall form a part of the
records of his office and shall be public record.
FAIRHOPE ZONING ORDINANCE 5
Page 62 of 246
Article II Section A
Procedures Review Bodies
4.Board of Adjustments
a.Establish,neni and .-luthoritv:The Board of Adjustment of the City of Fairhope,Alabama is hereby
established according to the Code of Alabama (1975),as amended.
b.I leinbership:
(1)The Board shall consist of five members,appointed by the City Council of the City of Fairhope,
Alabama for overlapping terms of three years.
(2)The initial appointment of the Board shall be as follows:two members for one year;two members for
two years;and one member for three years.
(3)Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial
appointment.Members shall be removable for cause by the council upon written charges and after
public hearing.
(4)No member shall hold any other public office or position.
(5)Every member shall reside in the city limits of the City of Fairhope,Alabama.
c.Rules of Procedure:The Board shall observe the following procedures:
(I)The board shall adopt rules in accordance with the provisions of this ordinance for the conduct of its
affairs.
(2)The board shall elect one of its members as chairman,who shall serve for one year or until he is
reelected or his successor is elected.
(3)The board shall appoint a secretary.
(4)The meetings of the board shall be held at the call of the chairman and at other times as the board may
determine.The chairman,or in the chairman’s absence the acting chairman,may administer oaths and
compel the attendance of witnesses by subpoena.
(5)All meetings of the board shall be open to the public.
(6)The board shall keep minutes of its proceedings,showing the voice vote of each member upon each
question,or indicating absence or failure to vote,and shall keep records of its examinations and other
official actions,all of which shall be immediately filed in the office of the clerk and shall be a public
record.
d.Duties and Powers:The Board shall have the following duties and powers:
(1).1d,ninistraiii’e Review -To hear and decide appeals where it is alleged there is error in any order,
requirement,decision,or determination made by the Director of Planning and Zoning,or other
administrative official,in the enforcement of this ordinance.
(2)Special Exceptions -To hear and decide special exceptions to the terms of this ordinance upon which
the board is required to pass under this ordinance.
(3)Variances -To authorize upon appeal in specific cases variance from the terms of this ordinance not
contrary to the public interest where,owing to special conditions,a literal enforcement of the
provisions of this ordinance will,in an individual case,result in unnecessary hardship,so that the spirit
of this ordinance shall be observed,public safety and welfare secured,and substantial justice done.
Prior to granting a variance,the Board shall find that:
(a)There are extraordinary and exceptional conditions pertaining to the particular piece of property in
question because of its size,shape,or topography;
(b)The application of this ordinance to the particular piece of property would create an unnecessary
hardship;
(c)Such conditions are peculiar to the particular piece of property involved;and,
(d)Relief,if granted,would not cause substantial detriment to the public good or impair the purpose
and intent of this ordinance;provided however,that no variance may be granted for a use of land
or building or structure that is prohibited by this ordinance.
(4)Uses .Vot Provided For:Whenever,in any district established under this ordinance,a use is neither
specifically permitted or denied and an application is made by a property owner to the Director of
Planning and Zoning for use,the Director shall refer the application to the Board of Adjustments
which shall have the authority to permit the use or deny the use.The use may be permitted if it is
similar to and compatible with permitted uses in the district and in no way is in conflict with the
general purpose and intent of this ordinance.
F.4IRHOPE ZONING ORDIJVANGE 6
Page 63 of 246
Article!!Section B
Procedures
B.Applications
Applications
All applications submitted under this ordinance shall be made on forms provided by the Planning and Zoning
Department.All applications shall be made according to the published Planning Commission schedule.In
addition to the minimum information specified on the application forms,applicants may be asked,in the
Director’s,Planning Commission’s,or City Council’s discretion,to submit additional information,data,or
reports,as is reasonably necessary for the review bodies to make an informed decision on compliance of the
application with this ordinance.
C.Review Procedures
Table 2-1:Procedures
H HPlanningCommission RR
H H
City Council D D D
H H H
Board of Adjustment D D D
A =Determination of complete application subject to Section ll.B.
RR Review andlor recommendation
H =Public hearing subject to notice and procedure requirements of this Article.
D =Final Decision
*See Article VI,Section D.for special expedited review procedures for the Vi
1.Zoning Amendments
a.Initiation —
(1)Zoning Text Amendment -An amendment to the text of the zoning ordinance shall only be initiated by
the Director of Planning and Zoning,members of the Planning Commission,or members of the City
Council.Other individuals requesting an amendment to the text of the zoning ordinance must get one
of these authorized individuals to sponsor the proposed amendment.
(2)Zoning Map Amendment -A zoning map amendment to rezone property may be initiated by a
majority of the City Council,a majority of the Planning Commission,or the property owner.
b.Application -An application for a zoning amendment shall be submitted on the application form provided
by the Director of Planning and Zoning.The application shall include all information requested on the
application form.The Director of Planning and Zoning shall determine if the application is complete.If
the application is not complete,the Director of Planning and Zoning shall notify the applicant in writing
indicating necessary steps to cure the incomplete application.
A A A A A A A/RR A/RR
Director of Planning and Zoning 1R Iu RR RR RR RR D D
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c .Votice —
I)Notice of Planning Commission Hearing
(a)Published Notice —Notice shall be published once,at least 15 (lays prior to the hearing,in a
newspaper of general circulation.The notice shall include the following:
(i)A provision that the application will be considered by the Planning Commission:
(ii)A copy of the proposed amendment or application is available at City Hall;
(iii)The time and place that the application will be considered by the Planning Commission:
(iv)All persons shall have an opportunity to be heard in opposition to or in favor of the
amendment;
(v)In the case of a zoning map amendment,a general description of any property,including any
common name by which the property is known.
(b)Mailed Notice —The applicant shall furnish the City the names and mailing addresses of all
persons owning property within 300 feet of any specific property that is the subject of the
application.Names and addresses shall be from the latest records of the county revenue office and
accuracy of the list shall be the applicant’s responsibility.Where land within 300 feet inxolves
leasehold property,the names and addresses of the landowner and the leasehold improvements
shall be provided to the City.
(c)Posted Notice -The Planning and Zoning Department shall post on the property being considered
for a zoning change a sign that gives public notice.This sign shall be posted adjacent to a publicly
dedicated street.The sign shall be posted no later than 1 5 days before the Planning Commission
meetings and shall remain posted until after final action by the City Council.The Planning and
Zoning Department shall remove the sign from the property and return it to the City within two (2)
days of final action by the City Council.Failure to post this sign may result in nullification of the
zoning change decision and application.
(d)Upon determination of a complete application,notice of the application will be published and/or
mailed.The applicant shall be responsible for all costs of notification and filing fees.
(2)Notice of City Council Hearing -Prior to the City Council hearing,two notices shall occur in a
newspaper of general circulation in the City,or where no such paper exists,in four conspicuous places
in the City.Each notice shall be at least 15 days prior to the date when the City Council will consider
the application.
(a)Initial Publication -The initial publication shall be according to the following:
(i)The text of the proposed amendment in full or the application;
(ii)The time and place that the application will he considered by the City Council:
(iii)Notice that all persons shall have an opportunity to be heard in opposition to or in favor of the
application.
(b)Second Publication —The second publication shall be according to the following:
(i)A synopsis of the proposed application;
(ii)The date and name of the newspaper or locations of the first publication:
(iii)The time and place that the application will be considered by the review body;
(iv)Notice that all persons shall have an opportunity to be heard in opposition to or in favor of the
application.
(3)Compliance with Law-the foregoing requirements are intended to comply with applicable law relating
to notice.
To the extent that such requirements do not so comply with applicable law or in the event any
applicable law is hereafter altered,amended or otherwise modified,this section C.I.e.shall be
construed so as to comply with such altered,amended or modified law.
d.Review -The proposed amendment shall be reviewed according to the following:
(I)A complete application shall be reviewed by the Director of Planning and Zoning.
(2)The application shall be submitted to the Planning Commission at the next available meeting.The
Planning Commission shall consider the application and take one of the following actions:
(a)Recommend approval of the application to the City Council;
(b)Recommend approval of the application to the City Council,conditioned on specific revisions;
(c)Recommend denial of the application to the City Council;or
(d)Continue discussion of the application for further study.An application shall only be continued
one time without the applicant’s consent befure the Planning Commission shall pass it along to the
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Article II Section C
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City Council for action.Any continuance shall be for a time reasonably necessary to completely
and adequately address the issue of further study.An applicant may agree to more continuances.
(3)The application shall be submitted to the City Council,only with the recommendation of the Planning
Commission.The City Council shall consider the application at a public hearing and take one of the
following actions:
(a)Approve the application;
(b)Approve the application,conditioned on specific revisions;
(c)Deny the application;
(d)Continue discussion of the application for further study.An application shall only be continued
one time without the applicant’s consent before the City Council shall take one of the above
actions.Any continuance shall be for a time reasonably necessary to completely and adequately
address the issue of further study.An applicant may agree to more continuances;or
(e)Remand the proposed amendment to the Director of Planning and Zoning or to the Planning
Commission for further study and discussion.An application may be remanded only once without
the applicant’s consent before the City Council shall take one of the above actions.An applicant
may agree to more remands.
e.Criteria —The application shall be reviewed based on the following criteria:
(1)Compliance with the Comprehensive Plan;
(2)Compliance with the standards,goals,and intent of this ordinance;
(3)The character of the surrounding property,including any pending development activity;
(4)Adequacy of public infrastructure to support the proposed development;
(5)Impacts on natural resources,including existing conditions and ongoing post-development conditions;
(6)Compliance with other laws and regulations of the City;
(7)Compliance with other applicable laws and regulations of other jurisdictions;
(8)Impacts on adjacent property including noise,traffic,visible intrusions,potential physical impacts,and
property values;and,
(9)Impacts on the surrounding neighborhood including noise,traffic,visible intrusions,potential physical
impacts,and property values.
f.Limitation on Re-submittal —No application for a zoning map amendment shall be considered within 365
days from a final decision on a previous application for the same or similar parcel of land.An application
may be withdrawn without prejudice prior to the public hearing being opened by the Planning Commission.
A request to withdraw an application shall be made to the Director in writing.
g.iVu!flflcation for Misrepresentation —Any rezoning decision that is based in any part on testimony,plans,
studies or other support that is later found to have been a material misrepresentation may be summarily
nullified.Summary nullification shall require evidence of the misrepresentation at a formal Council
meeting and the concurring vote of four (4)members of the City Council.It shall not require the notice and
hearing necessary for a formal zoning amendment because the initial Council action will be determined null
and void due to the material misrepresentation.
2.Site Plan Application,Review,and Approval Procedures
a.imuanon neviev.’pi inn iinarvi ‘ure pians accompanying a zoning map amcnomcn man no reviewen
according to the zoning amendment procedures.(Final)site plans that do not accompany a zoning map
amendment shall be reviewed according to this section.Site plan approval is required when any
commercial building(s)located in a business zoning district (industrial zoning excluded)or in the CBD
overlay:
(1)Has a gross floor area of 10,000 square feet or greater;or,
(2)More than 30%of the lot (excluding the building)is impe’ious;or
(3)All applications for zoning map amendments to rezone prope’to any of the Village Districts in
Article VI.However,applicants for rezoning to the village districts may elect to use the special review
procedures in Aicle VI,Section D.for review of the rezoning application and site plans associated
with a village develonment.
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.4 rticle II Section C
Procedures Review Procedures
(l%\mandatory site plan review application for all mixed use projects electing to build to 35 feet height
with 33%residential,regardless of whether or not it triggers site plan review approval,must make
application to the Planning and Zoning Commission for approval.
a.Projects Requiring ,Site P/an .Ipp/ication.Reiieii.and •-ipproi’ai —Notwithstanding anything in the Code
of Ordinances to the contrary,in the following circumstances a site plan application must be submitted to the
Director of Planning and Zoning and will be subject to the procedures and requirements provided in Section
C.2.b through g.below:
(1)Projects located in the CBD overlay or in a business-zoning district (other than M-I and M-2),where
such project will contain any commercial building that has either (i)a gross floor area of 10,000 square
feet or greater:or,(ii)aggregate impervious area of more than 30%of the lot (excluding the building):
and,
(2)Projects located in any zoning district where such project will contain any Mixed-Use Building,
Convalescent or Nursing Home,Automobile Service Station.Automobile Repair,Recreational Vehicle
Park,Hotel,Motel,or Entertainment Venue.
b .-1 pp/lea/ion —An application for site plan review shall be submitted on the application form provided by the
Director of Planning and ZoningBuilding.The application shall include all information requested on the
application form.Preliminary review with the Director and the Planning Commission,prior to a formal
application is encouraged.If the application is not complete,the Director shall notif’the applicant in
writing indicating necessary steps to cure the incomplete application.The application shall be submitted
with drawings showing the location of the site and all existing and proposed buildings with sufficient
information to evaluate impacts on adjacent properties.Sheet size shall be large enough to document all
physical features and shall be suitable for public record.The application does not require public notice nor
public hearing.
c.Review —Site plan review shall occur according to the following:
(1)A complete application shall be reviewed by the Director of Planning and Zoning Building.
(2)Applications shall be submitted according to the published Planning Commission schedule.The
Planning Commission shall consider the application and take one of the following actions:
(a)Approve the site plan;
(b)Approve the site plan,conditioned on specific revisions;
(c)Deny the site plan;or
(d)Continue discussion of the application for further study.An application shall only be continued
one time without the applicants consent before the Planning Commission shall take one of the
above actions.An applicant may agree to more continuances.
(3)The City Council shall consider the site plan only after review and recommendation from the Planning
Commission.The City Council shall have the final authority on site plan approval.
d.Criteria —The application shall be reviewed based on the following criteria:
(1)Compliance with the Comprehensive Plan;
(2)Compliance with any other approved planning documents;
(3)Compliance with the standards,goals,and intent of this ordinance and applicable zoning districts;
(4)Compliance with other laws and regulations of the City:
(5)Compliance with other applicable laws and regulations of other jurisdictions;
(6)Impacts on adjacent property including noise,traffic,visible intrusions,potential physical impacts.and
property values;
(7)Tmpacts on the surrounding neighborhood including noise,traffic,visible intrusions,potential physical
impacts,and property values;
(8)Overall benefit to the community;
(9)Compliance with sound planning principles;
(10)Compliance with the terms and conditions of any zoning approval:
(Ii)Any other matter relating to the health,safety,and welfare of the community;
(12)Property boundaries with dimensions and setback lines;
(13)Location of proposed buildings and structures indicating sizes in square feet;
FAIRHOPE ZONING ORDINANCE 10
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Article II Section C
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(14)Data to shqw percentage of lot covered with existing and proposed buildings;
(15)Elevations indicating exterior materials;
(16)The locations,intensity,and height of exterior lights;
(17)The locations of mechanical equipment;
(18)Outside storage and/or display;
(19)Drive-up window locations (must be away from residential uses/districts and not in front of building);
(20)Curb-cut detail and location(s);
(21)Parking,loading,and maneuvering areas;
(22)Landscaping plan in accordance with the City Landscape Ordinance;
(23)Location,materials,and elevation of any and all fences and/or walls;
(24)Dumpster location and screening;and
(25)Location and size of all signage.
e.Effect and Limitation on Approval —Site plan approval stands for 365 days from the approval date.If the
building permit has not been issued within this time,the site plan approval shall be null and void.The
Council may consider a request for extension of this time up to 180 additional days for good cause.The
site plan may be amended,but amendments shall be subject to the same procedures as a new site plan
approval.
f.Modifications -Modifications in substantial conformance with an approved site plan may be approved by
the Director of Planning and Zoning if they meet the following conditions:
(1)The modification addresses actual site conditions that were not anticipated in the reviewed site plan;
(2)The modification meets the intent of the site plan standards in an equivalent or improved manner than
the original site plan;and
(3)The modification results in no greater impact on adjacent property than the approved site plan.
g.Vulfl/Ication for Misrepresentation —Any site plan decision that is based in any part on testimony,plans,
studies or other support that is later found to have been a material misrepresentation may be summarily
nullified.Summary nullification shall require evidence of the misrepresentation at a formal Council
meeting and the concurring vote of four (4)members of the City Council.It shall not require a formal site
plan review process because the initial Council action will be determined null and void due to the material
misrepresentation.
3.Board of Adjustment Application
a.Initiation -Applications to the board of adjustment may be made by:
(1)Any person aggrieved or by any officer,department,board or bureau of the City affected by any
decision of the administrative officer;
(2)Any person requesting a variance from the standards of this ordinance;or
(3)Any person requesting a special exception as provided under this ordinance.
b.Application -An application for a Board of Adjustment review shall be submitted on the application form
provided by the Director of Planning and Zoning.The application shall include all information requested
on the application form,including grounds for the request for relief.Applications shall be made according
to the published Board of Adjustments’schedule.If the application is not complete,the Director shall
notif’the applicant in writing indicating necessary steps to cure the incomplete application.
c.Notice —
(1)Published Notice —At least 15 days in advance of the hearing,notice shall be published in a newspaper
of general circulation.The notice shall include the following:
(a)A provision that the application will be considered by the Board;
(b)A copy of the application is available at City Hall;
(c)The time and place that the application will be considered by the Board;
(d)All persons shall have an opportunity to be heard in opposition to or in favor of the amendment;
(e)A general description of subject property,including any common name by which the property is
known.
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(2)Mailed Notice —The applicant shall furnish the City the names and mailing addresses of all persons
owning property within 300 feet of the property that is the subject of the application.Names and
addresses shall be from the latest records of the county revenue office and accuracy of the list shall be
the applicants responsibility.Where land within 300 feet involves leasehold property.the names and
addresses of the landowner and the leasehold improvements shall be provided to the City.
(3)Upon determination of a complete application,notice of the application will be published and/or
mailed.The applicant shall be responsible for all costs of notification and filing fees.
(4)Compliance with Law-The foregoing requirements are intended with applicable law relatmg to notice.
To the extent that such requirements do not so comply with applicable law or in the event any
applicable law is hereafter altered,amended or otherwise modified,this section C.3.c.shall be
construed so as to comply with such altered,amended or modified law.
d.Review -Application review shall occur according to the following:
(1)A complete application shall be reviewed by the Director of Planning and Zoning.The Director shall
offer a written report on the merits of the application to the Board of Adjustments.
(2)The application shall be submitted to the Board at the scheduled public hearing,with the Director’s
report.The Board shall consider the application and take one of the following actions:
(a)Grant the requested relief;
(b)Grant the requested relief with specific conditions;
(c)Deny the requested relief;or
(d)Continue discussion of the application for further study.An application shall only be continued
one time without the applicants consent before the Board can take one of the above actions.An
applicant may agree to more continuances.
e.Criteria —
(I)An application for a variance shall be granted only on the concurring vote of four Board members
finding that:
(a)There are extraordinary and exceptional conditions pertaining to the particular piece of property in
question because of its size,shape,or topography;
(b)The application of the ordinance to this particular piece of property would create an unnecessary
hardship.Personal financial hardship is not a justification for a variance.
(c)Such conditions are peculiar to the particular piece of property involved;and,
(d)Relief,if granted,would not cause substantial detriment to the public good and impair the purpose
and intent of this ordinance;provided however,that no variance may be granted for a use of land
or building or structure that is prohibited by this ordinance.
(2)Any other application to the Board shall be reviewed under the following criteria and relief granted
only upon the concurring vote of four Board members:
(a)Compliance with the Comprehensive Plan;
(b)Compliance with any other approved planning document;
(c)Compliance with the standards,goals,and intent of this ordinance;
(d)The character of the surrounding property,including any pending development activity;
(e)Adequacy of public infrastructure to support the proposed development;
(f)Impacts on natural resources,including existing conditions and ongoing post-development
conditions;
(g)Compliance with other laws and regulations of the City;
(h)Compliance with other applicable laws and regulations of other jurisdictions;
(i)Impacts on adjacent property including noise,traffic,visible intrusions,potential physical impacts,
and property values;
(j)Impacts on the surrounding neighborhood including noise,traffic,visible intrusions,potential
physical impacts,and property values.
(k)Overall benefit to the community;
(1)Compliance with sound planning principles;
(m)Compliance with the terms and conditions of any zoning approval;and
(n)Any other matter relating to the health,safety,and welfare of the community.
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f.Effect of Appeal —An appeal to the Board stays all legal proceedings in furtherance of the application
appealed from unless the Director certifies to the Board that a stay would cause imminent peril to life and
property.In such cases,proceedings will not be stayed,unless by operation of a court of competent
jurisdiction.If an appeal fails for any reason,the stay shall be lifted.
g.Effect of Variance -Any variance granted according to this section and which is not challenged on appeal
shall run with the land provided that:
(1)The variance is acted upon according to the application and subject to any conditions of approval
within 365 days of the granting of the variance or final decision of appeal,whichever is later;and
(2)The variance is recorded with the Judge of Probate.
h.Limitation on Re-submission —An application for the same parcel of land shall not be submitted within 365
days of final decision of the Board.Any application may be withdrawn without prejudice prior to the
opening of the hearing by the Board.A request to withdraw an application shall be submitted to the
Director in writing.
Appeal —Any party aggrieved by any final judgment or decision of the Board may appeal to the circuit
court.Appeal to the circuit court must occur within 15 days of the Board’s decision.Notice of the appeal
shall be filed with the Board specifying the judgment or decision being appealed.The foregoing
requirement relating to the time in which a party must appeal a decision of the board is intended to comply
with applicable law.To the extent that applicable law is hereafter altered,amended or otherwise modified
this section c.3.i shall be construed to as to comply with such altered,amended or modified law.
4.Permits and Certificates
Permits and certificates shall be issued in accordance with the following provisions;
a.Commencement of Building:It shall be unlawful to commence the excavation or construction of any
building or other structure,including accessory structures,or to store building materials or erect temporary
field offices,or to commence the moving,alterations,or repair of any structure,including accessory
structures,until the building inspector of the municipality has issued for such work a building permit
including a statement that the plans,specifications and intended use of such structure in all respects
conforms with the provisions of this ordinance.Application for the building permit shall be made to the
building inspector on forms provided for that purpose and shall be accompanied by payment of the required
fee.
b.Approval of Plans and Issuance of Building Permit:It shall be unlawful for the municipal building
inspector to approve any plans or issue a building permit for any excavation or construction until he has
inspected such plans in detail and found them in conformity with this ordinance.The municipal building
inspector shall require that every application for a building permit for excavation,construction,use of land,
moving or alteration be accompanied by a dimensioned plan or plat showing sufficient detail to enable the
municipal building inspector to ascertain whether the proposed excavation,construction,use of land,
moving or alteration is in conformance with this ordinance.At a minimum the plan or plat shall show:
(1)The actual shape,proportion and dimensions of the lot to be built upon;
(2)The shape,size and location of all buildings or other structures to be erected,altered,or moved and
any building or other structures already on the lot;
(3)The existing and intended use of all such buildings or other structures;and
(4)The adequacy of provisions for control of surface drainage.
If the proposed excavation,construction,moving,or alteration as set forth in the application,are in
conformity with the provisions of this ordinance,the building inspector of the municipality shall issue a
building permit accordingly.If an application for a building permit is not approved,the building inspector
of the municipality shall state in writing on the application the cause for such disapproval.Issuance of a
building permit shall,in no case,be construed as waiving any provision of this ordinance.
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Article II Section C
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c.Permits Requiring Planning Commission Revieu:Any permit or certificate meeting the standards of
Section C.2.a.of this Article shall first require review and approval of a site plan by the Planning
Commission prior to issuance of the permit or certificate.
d.Expiration of Building Permit:A building permit shall not be transferable and shall be issued only to the
applicant.It shall expire if work is not begun within 180 days from the date of issuance and the work for
the entire project has not been completed within 365 days after issuance of the building permit.Request for
a 90-day extension may be considered upon the applicanfs request made prior to the permit expiration.
e..Jod/ication:It shall be unlawful for the owner,after s/he has obtained approval of design plans,to
change or substantially modify plans,either during construction or after completion without specific
written approval of the building inspector.
f.Certi/lcate of Zoning Comnpliance and (erti/lcate of Occupancy:No land or building or other structure
erected,moved or altered in its use shall be used until the building inspector of the municipality shall have
issued a Certificate of Occupancy and the Director of Planning and Zoning shall have issued a Certificate
of Zoning Compliance stating that such land or structure is found to be in conformity with the provisions of
this ordinance.The Director of Planning and Zoning shall perform the final inspection within reasonable
time after receiving a request,and issue either a Certificate of Zoning Compliance or a denial in writing.A
denial shall state the reasons for denial.Any person or firm who occupies or causes to be occupied any
premises without a Certificate of Occupancy and/or a Certificate of Zoning Compliance shall be subject to
citation for violation of this ordinance and shall be subject to t1e all remedies and penalties hereof.
FAIRHOPE ZONING ORDIN4NcE 14
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Article III Section A
Zoning Districts Purpose and Intent
Article III
Zoning Districts
A.Purpose and Intent
1.RA Residential/Agriculture District
2.R-i Low Density Single-Family Residential District
R-1(a)
R-l(b)
R-l(c)
3.R-2 Medium Density Single-Family Residential District
4.R-3 High Density Single-Family Residential District
5.R-3 PGH High Density Single-Family Patio/Garden Home Residential District
6.R-3 TH High Density Single-Family Townhouse Residential District
7.R-4 Low Density Multi-Family Residential District
8.R-5 High Density Dwelling Residential District
9.R-6 Mobile Home Park District
10.B-i Local Shopping District
11.B-2 General Business District
12.B-3a Tourist Resort Lodging District
13.B-3b Tourist Resort Commercial Service District
14.B-4 Business and Professional District
15.NI-I Light Industrial District
16.M-2 General Industrial District
17.PUD Planned Unit Development
18.CBD Overlay
19.Airport Overlay
20.Flood Hazard District
21.Parking District
22.VRM Village Residential Mix IRcscrvcdl
23.NVC Neighborhood Village Center lRcscrvcdl
24.CVC Community Village Center IRcscrvcdl
22.HTD —Highway Transitional District
23.REC-1 —Active Recreation
24.REC-2 —Passive Recreation
B.Allowed Uses
1.Use Table
2.Accessory Uses
3.Temporary Uses
C.Dimension Standards
1.Lots and V-i4neiple Principal Structure —Dimension Table
2.Residential Accessory Structures —Dimension Table
3.Yards
4.Free-standing Commercial Structures
D.Special Conditions for Uses
A.Purpose and Intent
The following zoning districts,established pursuant to Section 1 .C.1 of Article 1.,are for the purpose of promoting
the health,safety,morals and general welfare,and for the additional purposes and intent listed in Articles III,IV,V,
and VI of the Zoning Ordinance,all in accordance with the Comprehensive Plan.
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.-lrticle III Section A
Zoning Districts Purpose and Intent
R—,1 Residential -Iguiculture District:This district is intended as a rural environment providing primarily
agriculture and agriculture-related uses.Residential uses are allowed at overall low density to support rural and
agriculture lifest les proximate to the cit)This district ma also he used as a “holding zone’for future
development in accordance with the Comprehensive Plan,when future conditions allow for efficient expansion
of urban services.
2.R-l Low Densth’.S’ingle-Fami/v Residential District:This district is intended to provide choices of low-density
suburban residential environment consisting of single-family homes on large parcels of land.It is sub-classified
into four categories (R-l.R-la,R-lb.and R-lc)based on lot sizes.
3.R-2 1 tedium DensTh Single-Family Residential District.This district is intended as a medium density single-
family urban residential district,with lots of moderate size.
4.R-3 High Density Single-Family Residential District This district is intended as a high-density single-family
urban residential district with lots of relatively small size as compared to the preceding single-family residential
districts.
5.R-3 PGH High Density Single-Family Patio Garden Ho,ne Residential District:This district is intended to
provide areas that will be limited to single-family development of a patio/garden home nature where only one
(I)side yard is required.The regulations of the R-3 PGH District shall apply to property zoned R-3 PGH as of
July 10,2000.Development of patio homes after this date shall use the PUD zoning districts.
6.R-3 TH High Density Single-Family Townhouse Residential District:This district is intended to provide areas
exclusively for the development of town houses on a high-density basis where no side yards are required.
7.R-4 Low Density tIulti-l’ami/i Residential District This district is intended to provide a medium high density
multi-family structure and two to four family units to a building structure.
8.R-5 High Density Duelling Residential District:This district is intended to provide opportunity,within a
general protected residential environment,for the highest residential district density considered as appropriate to
the environmental character of the city.‘vVithin this district it is also considered suitable to include other uses of
a type considered not incompatible with a good high-density living environment and providing for needed
community services.
9.R-6 .1 labile Home Paik District:This district is intended to provide space at appropriate locations consistent
with community objectives for the establishment of mobile home parks which provide for the establishment of
permanent mobile homes for the amenities conducive to an adequate living environment.
10.B-I 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 B-l 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-I zoning district.
11.B-2 General Busines.s District:This district is intended to provide opportunity for activities causing noise and
heavy traffic,not considered compatible in the more restrictive business district.These uses also serve a
regional as well as a local market and require location in proximity to major transportation routes.Recreational
vehicle parks,very light production and processing activities are included.
12.B-3a Tourist Resort Lodging District:This district is intended to provide commercial and resort areas at
appropriate locations to serve the needs of tourists visiting the bay beaches and related recreational and cultural
attractions.Commercial activities restricted to restaurants,which are attached to or are an integral part of the
complex are permitted.
F-1IRHOPE ZONING ORIJIN-IvcE 16
Page 73 of 246
Article III Section A
Zoning Districts Purpose and Intent
13.B-3b Tourist Resort Commercial Service District:This district is intended for a range of commercial and resort
residential uses at appropriate locations to serve the needs of tourists.
14.B-4 Business and Professional District:This district is intended to provide opportunity for business
establishments of a professional nature and is restricted to offices and businesses,which provide specific
corporate functions or professional services to the general public.
15.M-1 Light Industrial District:This district is intended to provide a suitable protected environment for
manufacturing,research and wholesale establishments which are clean,quiet and free of hazardous or
objectionable emissions,and generate little industrial traffic.Industrial parks should be encouraged.Locations
should be in accordance with comprehensive plans.
16.M-2 General Industrial District:This district is intended to provide opportunity for the location of industrial,
manufacturing,processing,warehousing,or research and testing operations that,due to employment of heavy
equipment or machinery or to the nature of the materials and processes employed,require special location and
development safeguards to prevent pollution of the environment by noise,vibration,odors or other factors,and
may also require extensive sites for storage and parking,may require extensive community facilities or generate
heavy motor traffic.Access to major transportation facilities is usually needed.Locations should be in
accordance with the Comprehensive Plan and special review is required for some.
17.PUD Planned Unit Development:This district is intended to encourage innovative development that meets
Comprehensive Plan goals and is tailored to the unique constraints and conditions of a particular site.This
district allows flexibility in uses,designs,and building layouts as opposed to other zoning districts to better
serve community needs.See Article V.,Section A for more detailed standards regarding this district.
18.CBD Overlay District:This district is intended to preserve downtown Fairhope as the regional village center
and as the focal point of the City,in accordance with the Comprehensive Plan.The district encourages infill
development,including shopping,restaurant and entertainment,cultural and artistic institutions,offices,
government functions,and residential uses,provided it creates a pedestrian oriented atmosphere and is
consistent with the historic fabric of downtown.
19.Aimport Overlay District:This district is intended to preserve the ongoing operation of the Fairhope Municipal
Airport as an economic asset for the community by preventing land uses incompatible with the operations of a
municipal airport.
20.Flood Hasard District:This district is intended to secure life and property from peril and damage of natural
flood hazards,protect property values,and ensure compliance with federal flood insurance eligibility
requirements.
21.Parking District:This district is intended for those situations where parking may be provided more efficiently
and with less impact on goals for the overall surrounding areas by consolidating and sharing parking in one
location.
22.VRM Village Residential Mix:This district is intended to create walkable neighborhoods that place a variety of
residential types within close proximity to open space and village centers that meet the majority of needs for
daily living.This district is developed to more directly implement the neighborhood component of the
Comprehensive Plan.See Article VI,Section A for more detailed standards regarding this district.
23.NJ7C Neighborhood Village Center:This district is intended to create walkable commercial areas to support
adjacent neighborhoods.This district is developed to more directly implement the Neighborhood Village
Center component of the Comprehensive Plan.Sec Article VT,Section B.for more detailed standards regarding
this district.
24.CVC Community Village Center:This district is intended to create a community center that serves a broad range
of neighborhoods that may be automobile oriented but still creates a walkable commercial center accessible by
a variety of modes of transportation.This district is created to more directly implement the Community Village
FAIRHOPE ZONING ORDINANCE 17
Page 74 of 246
Article 111 Section A
Zoning Districts Purpose and Intent
venter Comnonent of the Comprehensive Plan.See Article \i,Section C.for more detailed stanuajus rceardine
th i;district.
22.Highirav Transitional District This district is intended to provide an alternative to properties along state
highways within the City of Fairhope that are beyond the area of influence of the Village Nodes and
Commercial Nodes as contemplated by the City of Fairhope Comprehensive Plan.This district is created to
provide development opportunities consistent with the Cits vision for commercial corridors to better ser e
community needs.See Article V,Section 1 for more detailed standards regarding this district.
23.RId ‘—I:.Ic/Re Recreation:This district is intended/or recrealional activities such ci.s (ithletic fields,ina,inas,
go/I con/se s (1/7(1 si ui/ar uses,dud accessori structures customarils incidental to such uses.
24.RF(—2:Passive /?ecreation:This district is intended /ir recreational activities such as hiking.hiking.bird
irate/nag and similar uses,and tipical/s preserve environmental/i sensitive (1,eas
B.Allowed Uses
1.Use Table —Table 3-I indicates seven categories of uses:(I)residential;(2)civic:(3)office;(4)retail;(5)
service:(6)manufacturing,and (7)rural.Within each category.specific uses are listed and indicated as either
allowed.allowed subject to special conditions,or allowed by special exception.
See Table 3-1:Use Table -Zoning Districts and Specific Land Uses
F-i IRFIOPE ZOvING ORDINANCE 18
Page 75 of 246
Article III Section 8
Zoning Districts
Table 3-i:Use Table
Allowed Uses
IttflN.‘‘I =X11
Use Categories!Specific Uacs -‘———
Dwefllng
Single-Family ••••••,..—.-V -•
Two-family ••——.
Townhouse 3 3 -3
Patio Home 3 -—
Multiple-family /Apartment 3 3 4 4 3
Manufactured Home ——-
Mixed-use Building 3 ))3 3 —3
Accessory Dwelling 3 3 3 3 3 —4 3
Estate --
Elementary School ••••••••••..,-W •
Secondary School •••...........
Education Facility ••••...••••
Library ••••••••••••-4 •
Place of Worship M A’0
Cemetery 0 0 0 0 0 0 0 0 0 0 0 —-ef ec 0
Hospital 0 0 0 0 0 0 -et er 0
Public Open Space ••.••••••....•••
Common Open Space ••....•.....—.s ••
Communiry Center or Club 0 0 0 0 0 0 0 0 0 0 0 M -ef 0 ••
Public Utility 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -O -cf’0 0 0
Office
General ••••••-•
Professional ——••••••m •
Home Occupation 3 3 3 3 3 3 3 3 3 3 3 3 3 3
-V’
Retail
Grocery .•••.—.
Convenience Store 3 3 3 3 3 4 3
General Merchandise .....-.-o
Shopping Center •—
-V
Allowed By-Right per Zoning Ordinance standards &On appeal &subject to special conditions as detailed in Zoning
•V 3 Subject to special conditions as detailed in Zoning Ordinance 0conditions Ordtnunce
FAIRHOPE ZONING ORDINANcE 19
Page 76 of 246
Article III Section B
Zoning Districts
Table 3-I:Use Table (continued)
Allowed Uses
!“I’]X
Use Categories I Specific Uses ——‘
Retail (coat.)—.-.—
Automobile Servicc Statton 0 0 0 0 .-‘
Outdoor Sales Ltnuted —0 0 0 —O 0
Outdoor Sales Lot 0 0 0 —
Garden Center —o o ——o o o —
Service .—
•_•_
Convalesccnt or Nursing Hoote 0 0 0 0 0 0 0 0 0 0 0 0 .-‘—-.-0
Clinic 0 0 0 0 0 0 0 0 0 0 0 M o
Outdoor Recreation Facility 0 0 0 0 0 0 0 0 •0 0 0 —e1 0 ••
Day Care o 0 0 0 0 0 Z 0 0 0 5 0 .-.—,I
Genetal Personal Sets ices ••••-
Mortuary or Funeral Iloute 0 0 0 0 —‘.et ..er 0
Automobile Repair •I ..O.
Indoor Recreation ••0 I •-I’•
DrvCleancrLattndry I 0 5 .--0
Personal Storage 0 3 3 0 0 ._
Bed&Btcakfast ——.°-
Hotel /Motel 0 0 0
Boarding House or Donttttory —
Recreational Vehicle Part.3 3 3 3 —
Restaurant 0 I 0 I 0
Bar •0 I ..V
Entertainment Venue I 0 0 .-.M’..
Marina 0 0 0 d .M 0 0
Kennel or Animal Hospital 0 0 0 0 ..—
Warehouse ——..—-.—‘———
Junk Yard or Salvage Yard o o _—
Mnnnfacturing ————————————_
Limtlcd 0 0 I I -.0
Light I I
General o •
•Allasvcd By-Rtght per Zoning Ordtuanee standards &3 Subject to spectal condittous as detailed to Zoning Ordinance On appeal &stthjecl to spectal conditions as detailed in Zoning
candttions Ordinance
F-i IRIJOPE ZO,VR 6 ORDI,54,CE 20
Page 77 of 246
Article III Section B
Zoning Districts
Table 3-1:Use Table (continued)
Allowed Uses
rAnnP’IlN.
Use Categories I Specific Uses —‘--
Maufadudng(
Food Processing o
Rural —
Agriculture •
Rural Market •-,——
Plant Nursery •—--
•Allowed By-Right per Zoning Ordinance standards &Subject to special conditions as detailed in zoning Onjinance On appeal &subject to spectal conditions as detailed in Zoning
condtttons Ordinance
FAIRIIOPE ZONING ORIENANCE 21
Page 78 of 246
Article III Section B
Zoning Districts Allowed Uses
2.Accessory Uses —Any use may be established as an accessory use to any permitted principal use in any district
provided that such accessory use:
(a)is customarily incidental to and is maintained and operated as part of the principle principal use:
(b)is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the
principle principal use with which it is associated:
(c)does not create levels of noise,odors,vibration and lighting,or degrees of traffic congestion,dust or
pollutants,in a greater amount than is customarily created by principle principal use:and
(d)is not located in minimum exterior yard.
3.Temporary Uses —The following temporary uses are allowed in any district subject to the limitations and
standards specified.
(a)Gaiage sale:The city may issue,without charge,a permit to hold a garage or yard sale on a specific lot
within the city,good for two consecutive days.Permits shall be issued not more frequently than once each
calendar quarter per lot.
(b)Temporary construction building:Temporary buildings used in construction work only,may be permitted
in any district and shall be removed immediately upon completion of construction.
(c).1ode1 homes and sales office:Residential buildings in new subdivisions of record,containing fifty (50)or
more lots may be temporarily used as model homes and sales offices provided such use conforms to the
following:
(1)A subdivision plat must be filed for record prior to issuance of a permit.
(2)Facilities for sewage disposal must be approved and available.
(3)Not more than 50 percent of gross floor area may be used for sales office.
(4)Only sales activity relating to the subdivision is permitted and no other business activity may be
conducted on the premises.
(5)A permit shall expire upon completion of the sale of the last lot in subdivision or three calendar years
from date of the permit.whichever is earlier.However,the license may be extended for good cause.
License is not assignable except on approval of city.
(6)Paved parking shall be provided for offices.Landscaping shall be installed in such a manner that
vehicles utilizing parking lot shall be screened from view from the right-of-way.Upon expiration of
the model home/office use,paving shall be removed by permirtee and replaced with grass and
landscaping.
(7)The use is limited to the structure initially permitted and is not transferable to any other structure or
lot within the subdivision.
(8)Only one sign shall be allowed upon the premises,not exceeding six square feet in area.The sign
shall not be illuminated.
F.4IRHOPE ZONING ORDIV4NCE 22
Page 79 of 246
Article III
Zoning Districts
C.Dimension Standards
1.Lots and Principal Structure
Section C
Dimension Standards
Table 3-2 indicates general dimension standards for lots and principle principal structures in all zoning districts.
Unless otherwise specified in Section D.—Special Conditions for Uses,or Article V.—Special Districts,all lots
and pi4neiple principal structures shall meet these standards.
Table 3-2:Dimension Table -Lots and Principle Structure
R-la 40,tJOOs.f.!-120’30’30’10’b 20’30%25%35’
R-Ib 30,000 s.f.!-100’30’30’10’b 20’30%25%35’
R-I c 20,000sf.!-80’30’30’10’b 20’30%25%35’
R-2 10,500sf.!-75’35’35’0’b 20’42%37%30’’
R-3 7,800 s.f.!-65’30’35’8’b 20’40%35%30’
R-3 PGI{4,000 s.f.!-40’20’15’10’’10’37%32.50%30’
R-3 TH 20.000-240O 80 24’20’35’20’20’50%45%30’
10,500 s.f.foe-two 75’fee-two
R-4 dwelling units plus d’.vcfling units 30’35’10’b 20’30%30’6.500 s.f.for each plus s for each
additional unit!7 UPA additional unit
10,500 s.f.fee-two 75’foe-twa
R-5 dwelling units plus d.vdflingumt 30’35’10’b 20’30%30’4.100 s.f.for each plus s for each
additional unit’10 UPA additional unit
R-6 2 acres with amax.of 5 250’25’20’20’b 25’N/A 30’acres I!-
B-i None!-none 20’‘20’none’30’-
B-2 None!-none 20’d none none 3Q 1,1
B-3a 7,500sf.!-60’30’35’10’30%30’-’
B-3b 7,500 s.f.!-60’20’20’none’none 30’’
B-4 None!-none 20’20’10’30’-’
M-i None!-none none none none 0 none 45’
M-2 None!-none none none 10 none none 45’
PUD SeeArticleV.,SectionA.
‘.‘RM Sec Article VI.,Section A.
NVG See Article VI.,Section B.
cyc
HTD See Article V.,Section 1.
a.Structure may exceed the building height provided the lot width is increased by 10 feet for each additional foot in height.
b.Where a driveway is in the side,and extends past the front of the principle principal structure,the side setback shall be 15’.Driveways
shall not be within 3 feet of the side lot line.The area between the side lot line and driveway shall be vegetated and remain pervious.
c.End units shall have a minimum side yard of 10.A minimum side yard,as required by Article Ill.Section D.2 may be located within
the 20 side setback
d.Where a lot abuts residential property on both sides,the front setback shall be in line with adjacent structures.
e.Where a lot abuts residential property,the side setback shall be 10’.
f.Where a lot abuts residential property to the rear,the rear setback shall be 20’
g.In the case of existing adjacent establishments,the setback shall be the average within 100 feet on either side of the proposed structure.
h.Where a side or rear lot abuts residential districts,the setbacks shall be determined on an individual basis.
i.R-6 Districts may be larger than 5 acres provided they meet all the special design requirements of Article V.,Section D.5.
j.Individual Iota in the R 3 TH district may bogs small as 2,400 square feet.however each unit must have a minimum of 3.600 square feet
made up of lot area and common or public open space according to the standards in Article Ill,Section D.2.
j.Central Business District 40’,
k.A building located in any commercial zone may have a height of35’if it contains both residential and commercial space.The residential
use must make up at least 33%of the total area of the building and be located on tho second and’or third floor and retail or office space
must be located on ground andior tocond floor.(Soc Site Plan Review Article II,Section C,Sub section 2 Site Plan,for approval
procedures)
k.For purposes of this article,the term “impervious arcs”means the developed area of the lot,including house and accessory structures,as
well as surfaces that do not allow the free passage of water through the material into the ground.The tenn “impervious area”shall
R-I 15,000 s.f.!-100’40 35.10’”20’45%40%30’
FAIRHOPE ZONING ORDINANCE 23
Page 80 of 246
Article 111 Section C
Zoning Districts Dimension Standards
eclude.u ithout limitation.siden alks.dris ewa s.parking areas.(leeks,and patios,unless such stirItces are constructed of materials that
al losi passage of ivater into the ground at a rate equal to the predes eloped condition.
2.Residential Accessory Structures
Table 3-3 indicates dimension requirements for residential accessory structures.
Bchitid front
building line
of
priiic i pal
structure
Table 3-3:Dimension Table -Residential Accessory Structures
50 for agriculture structures:
10 feet for all other accessory 5’
0one detached garage up to 600 square feet shall be allowed for Patio/garden homes in addition to the maximum total lot coverage for other
accessory structures.subject to all other accessory structure dimension standards.
in an attempt to preserve historic one-story structures,on lots where the principal structure is one-story,an administrative approval may be
given to allow an accessory structure to be taller than the principal structure,but in no case more than 5’taller than the principal structure as
measured tlom the tallest roof peak of the principal structure,excluding chimneys,cupola,spires.and other architectural features.In no case
shall an accessory structure exceed the height limit of the district.
3.Yards
No part of a yard or other open space required for any building for the purpose of complying with the provisions
of this ordinance shall be included as part of a yard or other open space similarly required for another building.
Evety part of a required yard or court shall be open to the sky,except for permitted accessory structures and the
ordinary projection of sills,cornices,buttresses,ornamental features,chimneys,flues,and eaves,provided the
projections shall not extend more than two feet beyond the yard area requirements.
4.Free-standing Commercial Structures
f,t kLL._(b_L xJ,ti.,,,.,
hut Idttig ‘,‘,,.,,‘•i,.,’,t Q 0(10
a Any free-standing single use or single tenant retail building in any th*-business zoning district shall not
have a building footprint larger than 8,000 square feet.
5.Waterfront Lots
a.Accessory structures may be located in front or side of principle prtnctpal structures on waterfront lots but
may not be located within the required front or side yards.Accessory structures shall maintain minimum
structure separation of 10’ti’om the ps4ne’ip1e principal structure and 5’separation from all other accessory
structures.
b.Accessory structures located in the required rear yai’d of waterfront lots shall follow the dimension
requirements in Table 3-3.
RIA
tec4e-c Front Rear Side Street Side Max.Total Lot Coverage Max SUn.Structure Separation Mm.Separation
Setback Setback Setback Setback by Accessory Structure Height from Ps1tipl Pi’iiteipal Between Structures
Structure
15’15’50’300/0 of required rear yard 30’
structures
Behind rear
building line same as same as
20 but no
of p-sn+ple none pruie-i’pl prmeipl
taller than
R.3 P611*
principal i’equired principal principal 25°/o ofiequu’ed reat yard0 the
structure stnicftire strueftire principal
Behind tear
stwcre
All other building line
no nearer 30 bitt no
than taller than
residential of primuple 5’5 prtuep$e 25%of required rear yard the
districts
structure
principal pruseip1 10’5’
pt inc i pal
structure principal
structure
FAIRIJOPE ZONING ORDINANCE 24
Page 81 of 246
Article III Section C
Zoning Districts Dimension Standards
c.Structures built over submerged state lands are exempted from the front and side yard setback requirements
for accessory structures on waterfront lots.
D.Special Conditions for Uses
The following special conditions shall apply to all districts where the uses are permitted or permitted by special
exception.These special conditions are in addition to the generally applicable standards that apply to all uses
within a particular zoning district.In the case of a conflict between the generally applicable standard for the
zoning district and the specific standard for the use listed in this section,the more specific standards in this
section shall apply.
Recreational Vehicle Parks
a.Intent:The intent of the special conditions for Recreational Vehicle Parks is to:
•Provide opportunities for temporary travel and lodging facilities for tourists with recreational vehicles;
•Allow parks that are accessible to the community and attractions in Fairhope;and
•Ensure location and design standards compatible with community goals and surrounding property.
b.Location Restrictions:All recreational vehicle parks shall have direct access to a County,State,or Federal
Highway.
c.Site Requirements:
(1)All recreational vehicle parks shall have a minimum lot width of not less than 50 feet for the portion
used for entrance and exit.No entrance or exit shall be through a residential district.
(2)The minimum lot area per park shall be three acres.
(3)Use of space in recreational vehicle parks shall be limited to travel trailers,mobile homes,motor
homes and campers with a maximum length,exclusive of hitch,of 28 feet.
(4)Spaces shall be rented by the day or week only and an occupant of a space shall remain in the same
trailer park for a period of not more than 90 days.
(5)Management headquarters,recreational facilities,toilets,showers,laundry facilities and other uses and
structures customarily incidental to operation of a trailer park are permitted as accessory uses in any
district in which trailer parks are allowed provided:
(a)The establishment and the parking area primarily related to their operation shall not occupy more
than ten percent (10 %)of the area of the park.
(b)The establishment shall be restricted to use by occupants of the park.
(c)The establishment shall present no visible evidence of commercial character,which would attract
customers other than occupants of the park.
(d)No part of any space intended for occupancy for sleeping purposes shall be within 30 feet of the
right-of-way.
(6)The recreational vehicle park site plan shall be accompanied by a certificate of approval of the county
health department.
2.Townhouses
a.Intent:The intent of the special conditions for Townhouses is to:I j I•Provide a residential format as an alternative to single-family I I
homes;
•Allow townhouses to be appropriately intermingled with other I [1’types of housing and give residents of townhouses quality j [
_____
residential neighborhoods;....—J-...
_____
..
•Ensure location and design standards compatible with
Figure 3-2.All townhouse units shallsurroundingproperty;have private yard areas of at least 400•Prevent long,unbroken lines of row housing;square feet•Make efficient,economical,comfortable,and convenient use of
FAIRHOPE ZONING ORDINANCE 25
Page 82 of 246
Article 11!Section D
Zoning Districts Special Conditions for Uses
land and open space:
•Serve the public purposes of zoning by means alternative to conventional aiTangements of yards and
building areas.
Site Requirements:
(I)Not more than four contiguous townhouse units shall be built in a row with the same front line,and not
more than eight townhouses shall be contiguous.In groups of Townhouses consisting of more than
four units:the required difference in front alignment shall be four feet.See Figioe 3-I.
(2)Each Townhouses shall have a minimum lot area of 3.600 square feet for each D\\clling Unit unit:a
front setback of twenty 120)feet:and a rear setback of thirty-fixe (35)feet.End units shall have a
minimum side yard of ten (10)feet.This area may be on the same planed lot as the unit.may come
from common open space.or can come from existing public open space or public open space proposed
to be dedicated with the plan,which is within 660 feet of the unit.No more than one unit may claim
the same public or common open space area towards meeting the requirement of 3.600 square feet for
each umt.
(3)Each Itownhouse shall have on its own lot one rear yard containing not less than 400 square feet,
reasonably secluded from view from right-of-ways or from neighboring property.In condominium
than 300 square feet._..
‘‘from right of ways or from nc ‘“-
.
shall be provided contiguous to and for the private use of the occupants of each dwelling unit.See
Figure 3-2
(4)All vehicle access to Ttownhouse units shall be
rear-loaded by alleys or an internal drive aisle
accessing the parking area or garages from the
rear of the unit,Insofar as practicable,exterior
off-street parking facilities shall be grouped in
bays at the interior of blocks.No off-street
parking space shall be more than 100 feet by
the most direct pedestrian route from a door of
the dwelling unit it is intended to serve.
(5)In townhouse developments with a total area
,
greater than five acres at least 20%of the total -‘•‘‘‘--
‘
‘J -_
area shall be devoted to public or common open Figure 3-1.Townhouse units 0/more thou 4
space,exclusive of parking areas or accessory sIioll hove a differentiated front building line of
at least 4 fret and no single buildina shall limebuildings.Common open areas may include .
.
more than 8 ann’s.recreational facilities.Provisions shall be made to
assure that common open areas for the use and
enjoyment of occupants of toxvnhouses are maintained in a satisfactory manner without expense to the
general taxpayer.In addition,the developer of a townhouse development or homeowners association
created by the developer by recorded covenants and restrictions,shall preserve for the owners and
occupants of the development lands set aside for open areas,parks,or recreational use,and the
common off-street parking spaces established for the development.
(6)The NET Density of any townhouse development shall be no greater than 7 Dwelling Units/Acre.
in\vnnouse or tov.’nnoii;e ..—ite-k-i’Inflhiitli r.......................................—......eontaininL
iti,C,UIIUUIV ,,,..U1L1U’.A ‘lvii 001
3.Patio and Garden Homes
a.Intent:The intent of the special conditions for Patio homes is to:
•Provide a residential format as an alternative to single-family homes;
•Allow patio homes to be appropriately intermingled with other types of housing and give residents of
patio homes quality residential neighborhoods:
•Ensure location and design standards compatible with surrounding property:
•Create a low-niaintenanee residential alternative:
•Make efficient,economical,comfortable,and convenient use of land and open space:
•Serve the public purposes of zoning by means alternative to conventional arrangements of yards and
building areas.
b.
FAIRFtOPE ZONING ORDIN-INCE 26
Page 83 of 246
Article III Section D
Zoning Districts Special Conditions for Uses
b.Location Restrictions:Patio Homes and Garden Homes are only allowed in districts zoned PUD.The
special conditions in this section shall also apply to patio homes and garden homes existing as an allowed
use in the R-3 PGH district prior to July 10,2000.
c.Site Requirements:
(1)Not more than two patio homes shall be connected.
(2)Each individual patio home unit shall be constructed on its own lot.
(3)Each lot shall be a minimum width of 40 feet at the front building line,and a minimum lot size of
4,000 square feet.
(4)Each patio home shall have one side yard with a minimum of 10 feet.Minimum depth for rear yard
shall be 15 feet.Fireplace and chimney may be placed in the side or rear yard setback provided they
do not project beyond 24 inches beyond the wall,and,provided they do not restrict or obstruct any
drainage or drainage easement,either existing or proposed.The required 10 foot side yard must be kept
perpetually free of permanent obstructions,accessory structures,walls and fences without gates.
(5)Privacy fences or walls may be placed on or along any lot lines provided that the fences or walls are
not constructed in a manner to block any local lot drainage and provided gates or other openings are
provided that will not restrict access for fire protections.An eight-foot maximum height limit will be
permitted for privacy fences or walls located on or along any required side or rear yard.
(6)Each patio home shall have on its own lot,one yard containing not less than 600 square feet,
reasonably secluded from view of right-of-ways or neighboring property.
(7)Maximum lot coverage permitted for the main dwelling shall be 60%of the permitted building area not
including coverage permitted for accessory buildings or structures.
(8)Off-street parking shall be located within the interior of the lot.A common parking area serving no
more than six patio homes may be centrally located,provided it is not more than 100 feet from any
dwelling unit it serves and is screened from public right-of-ways and adjacent property.
(9)The exterior walls of the patio home,or any accessory structures located on the zero-foot side yard
setback shall not project over the property lines.Roof overhang may penetrate maintenance and
drainage easement of the adjacent lot a maximum of 30 inches,provided the roof shall be so designed
that water run off shall be restricted to the drainage easement area.
(a)Where adjacent zero lot line dwellings are not constructed against or along a common lot line,a
perpetual drainage easement shall be provided which shall be approved by the city engineering
department.Fences and walls may be located on or along this easement provided gates or other
openings that will not block local lot drainage are maintained.
(b)The lot adjacent to the zero setback side yard must be under the same ownership at the time of
initial construction (ensuring that a developer does not infringe on the property rights of owners of
adjacent tracts).
(c)A 15-foot side setback shall be required,provided the adjacent property is not zoned for patio
homes or is not a permitted use in the adjacent zoning district.
4.Automobile Service Stations and Convenience Stores
a.Intent:The intent of the special conditions for Automobile Service Stations and Convenience Stores is to:
•Provide access to necessary services offered by automobile service
stations and convenience stores from all areas of the city;
•Allow service stations and convenience stores to be appropriately +P-iot.P
mingled with other non-residential uses;
•Ensure location and design standards compatible with surrounding
property,particularly the scale and intensity of surrounding
commercial uses;
•Minimize the potential negative impact that automobile service
stations and convenience stores may have on surrounding property
_________
and neighborhoods;
•Recognize that the design and scale of automobile service stations and
convenience stores can determine how well this use fits in with Figure 3-3.All light sources shall
be shielded.Protruding bulbs andsurroundinguses.lenses are prohibited.
FAIRHOPE ZONING ORDINANCE 27
Page 84 of 246
Article III Section D
Zoning Districts Special Conditions for Uses
b.Location Restrictions:
(I)In the lR7C district or L v ‘‘‘‘“‘‘‘auiomoune service stations may ye tucutcu anywhere SLWJtLI to
tile SfJCLIL1L ucaigil requirements listed in Section Di .d of this Article
(1)In all other districts,the The property on which an automobile service station or convenience store is
located shall not be within 100 feet of any residential district,or any property containing a school,
public playground,church,hospital,public library,institution for children or dependents.
e.Site Requirements:
(1)An automobile service station or convenience store shall have a minimum front lot line on the primary
right-of-way of 120 feet and a minimum area of 12,000 square feet.
(2)All buildings shall be set back 40 feet from all right-of-way
lines and all canopies shall be set back 15 feet from all right-of-
way lines.
(3)A raised curb of at least six inches in height shall be erected
along the right-of-way lines,except for driveway openings.
(4)A solid fence or wall not less than six feet nor more than eight
feet in height shall be erected along all adjacent property lines
facing any adjacent residential lot.
(5)Light or glare shall not spill onto adjacent property or right-of-
ways.All light fixtures shall be either recessed into a canopy,
or if they protrude shall have a box that shields the bulb from
direct view.A light fixture that protrudes from the bottom of a
canopy shall have a box completely surrounding the bulb and Figure 3 4..t/uxiuiiiutthelensshallbeflushwiththebox.Lenses shall not protrude /0 fi (
past the bottom of the box.Should a gas station canopy be
repaired or improved and the value of the improvements or the
.V
repair total 50%or more of the assessed value of the structure,/1 ..to
these lighting requirements must be met.This 50%value is a
cumulative total.See Figure 3-3.
(6)All driving,parking,storage,and service areas shall be paved
and curbed.
(7)No automobile service station or convenience store shall be extended in area unless the proposed
extension is in conformity with the requirements.
(8)All gasoline pump islands shall be set back at least 15 feet from right-of-way line,or where a future
widening line has been established,the setback line shall be measured from such line,and where pump
islands are constructed perpendicular to the right-of-way.However,the pumps shall be at least 60 feet
from the centerline of an arterial street,55 feet from the centerline of a collector street and 45 feet from
the centerline of other streets.
(9)Vehicular entrances or exits shall be provided according to Article V.of the Subdivision Regulations.
‘.,./,.._.l t.pt.I-prn,1.—U ..)pcctia tICS tg ft Requirt’inL’ntS .UI (U S P 1 JL U IC Cl.liP
addition to the above site requirements.the following special
design requirements shall apply to automobile service stations
or convenience stores located in the NVC or CVC.
(I)All buildings shall be set back no more 10 feet from all
right of way lines.Any area between the building and
the right of way shall only be used for landscape
elements.See Figure 3 4.
(2)All buildings shall have a primary entrance facing the
street,directly connected to the public sidewalk.
(3)At least 60%of all street frontages on the lot shall be
occupied K,,*h.buildine.‘‘i,.t.,th.
[m
cv oucamg jacoacs jar at reast ousv Oj tile tOt
uk/i/i an the buildings primary street.(‘artier
buildings tutu reduce this to as much as 50%
on the buildings secondary street provided the
cumulative tote/for both streets exceed 60%.
frontage on11 secondary street ma’:hr nrr.nnied by the building on as little us 50%of that fi
provided that the 60%requirement is inn wiieii uutn frontages are combined .5cc Figure 3 5.
(I)All buildings shall have at leant SOW.rleir glazing on windows and doors of any street facing ground
ii
F4IRHOPE ZOiVING ORDINANCE 28
Page 85 of 246
Article 11!Section D
Zoning Districts Special Conditions for Uses
pj rump isianos snao oe iocateu neninu or to tne sine 01 me nuHuing.
(6)No more than two pump islands with a maximum of four pumping stations per island shall be located
on the site.
(7)No more than two service bays shall be located on the site.Service bays shall not face the primary
street frontage of the building.
(8)All driving,parking,storage,and service areas shall
be paved and curbed.
(9)All gasoline pump islands shall be set back at least ‘
feet from right of way line,whr a future
widening iine nas aeon established,the setback line
shall be measured from such line,and where pump
islands are constructed perpendicular to the right of
way.However,the pumps shall be at least 60 feet
from the centerline of an arterial street,55 feet from
the centerline of a collector street and ‘15 feet from the
(10)Vehicle entrance and exits shall be subject to the
specifications in Article V of the Subdivision Regulations.
(1 l)No outdoor storage of any kind is permitted on the site.
.1.,II k......,.,A ..,.A .1I(12)All venicies eneioseo venicie repairs shall occur in an enetonen area.
(13)All automobile service stations are subject to special site enhanced screening conditions to
appropriately screen adjacent prope’from parking,pump islands,or service bays.This site
screening shall be specific to the context of the site and may involve landscape,walls,or other
elements in accordance with the tree and landseane ordinance.
5.Home Occupations
a.Intent:The intent of the special conditions of Home Occupations is to:
•Provide opportunities for residents to earn income and operate businesses from their home;
•Allow businesses that do not adversely impact the residential character of neighborhoods;and
•Ensure that the ongoing operations of home occupations are not visible or detrimental to adjacent
residents and property owners.
b.Location Restrictions:
(1)Home occupations are permitted in all districts where residences are permitted,if licensed by the city’s
revenue officer and conforming to the special conditions of this section and any applicable laws or
ordinances.
(2)Any operation,which,whether by requirement of any law or regulation or for any other reason,
requires a full and complete separation from the living area of the main building,shall not be construed
as a home occupation within the meaning of the ordinance.
c.Site Requirements:
(1)The home occupation shall be an accessory use,incidental to the primary use of the premises for
residential purposes.
(2)The home occupation shall be operated only by members of the family residing on the premises.No
non-family employees shall be employed on the premises.No article or service shall be sold or offered
for sale except as may be produced by members of the family residing on the premises and no
merchandise shall be delivered to customers at the premises.
(3)No home occupation shall alter the appearance of the home or neighborhood either through structural
changes or through ongoing activities and operations.The building shall be an existing structure ready
for occupancy and not a proposed structure.No building altered in any fashion inconsistent with the
residential appearance for the purpose of accommodating or expanding any home occupation,existing
or proposed.
(4)Parking for not more than two vehicles in conjunction with home occupation may be provided in the
existing driveway area.No expansion of parking to serve the home occupation shall be permitted and
FAIRHOPE ZONING ORDINANCE 29
Page 86 of 246
.4rlicle Ill Section D
Zoning Districts Special Conditions for Uses
in no case shall public property be utilized for parking.Uses that require additional parking per the
parking schedule shall not be eligible as a home occupation.
(5)The home occupation shall not generate excessie traffic or produce obnoxious odors,glare,noise
vibration,electrical disturbance,radioactivity,electromagnetic interference or any other condition
detrimental to the character of the surrounding area.
(6)Business signs shall not be permitted for home occupations located within residential districts.In other
use districts,signs shall not exceed two square feet in sign area,attached to the face of the building.
limited to one sign only.
(7)For purposes of home occupations,the written statements of the majority of owners of property within
300 feet in opposition to the home occupation shall be sufficient cause to determine that the use is of a
character detrimental to the surrounding area.
d.License
(1)No license,new or renewal,shall be issued until an application shall have been completed by
applicant,premises inspected and application endorsed with approval of the Director of Planning and
Zoning.
(2)The applicant for a home occupation license shall either own the property or,if a tenant,have the
owner’s written permission to engage in the proposed home occupation.
(3)The license shall be kept on file at the premises where the home occupation is located and shall be
subject to examination by the revenue officer or Director of Planning and Zoning upon request and
shall be surrendered to the city upon written citation for violations of any condition or ordinance
requirement.
(4)Home occupation licenses shall expire on the 3l day of December of each calendar year and are
delinquent Februaiy l.
6.Cemeteries
a.Intent:The intent of the special conditions for cemeteries is to:
•Provide public access to cemeteries within the City:
•Allow cemeteries to establish a park-like,civic setting to mourn,honor,and commemorate the deceased;
and
•Ensure location and site conditions that are compatible to surrounding property and neighborhoods.
b.Location Restrictions.
(I )The site proposed for a cemetery shall not interfere with the development of a system of collector or
larger streets in the vicinity of the site.In addition,the site shall have direct access to an arterial street.
(2)Any new cemetery shall be located on a site containing riot less than twenty (20)acres.
c.Site Requirements:
(I)All structures shall be set back no less than 25 feet from any property line or minor street right-of-way.
(2)All graves or burial lots shall be set back not less than 25 feet from any property line on local street
right-of-way lines,and not less than 50 feet from any collector or arterial street right-of-way.
(3)The entire cemetery property shall be landscaped and maintained.
(4)The expansion of any existing cemetery shall only be allowed according to the Special Exception
procedures in Article II.
7.Storage and Parking of Trailers and Commercial Vehicles
a.Intent.The intent for the special conditions for Storage and Parking of Commercial Vehicles is to:
•Provide opportunities for residents to own,utilize,and store commercial vehicles,trailers,and
recreational vehicles:and
•Ensure that parking and temporary storage of commercial vehicles,trailers,and recreational vehicles is
not detrimental to the neighborhood character arid adjacent residents or property owners.
F1 IRHOPE ZONING ORDINANCE 30
Page 87 of 246
Article II!Section D
Zoning Districts Special Conditions for Uses
b.Location Requirements:Commercial vehicles and trailers of all types,including travel,boat,camping,and
hauling,shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district
except in accordance with the requirements in this section.
c.Site Requirements:
(1)No more than one commercial vehicle per dwelling shall be permitted.In no case shall a commercial
vehicle used for hauling explosives,gasoline or liquefied petroleum products be permitted.
(2)No travel trailer,hauling trailer,utility trailer,boat,boat trailer,motor home,or commercial vehicle
shall be parked or stored in the front yard,or on corner lots,in a side yard abutting a public right-of-
way or upon the right-of-way.The length of said vehicle shall not exceed twenty-eight feet (28’).
(3)These vehicles shall be allowed in a side yard only if the rear yard cannot be reasonably accessed.
Topographical features,the existence of mature trees or the existence of properly permitted and
constructed structures,which prevent rear yard parking,is sufficient to establish a lack of rear yard
access.If parked in the rear yard,a hard surface pad with access shall be provided by either a hard
surface drive,hard surface drive strips or an access drive constructed of turf block materials.All
vehicles covered by this section shall have a minimum side and rear setback of six feet (6).No
vehicle covered in this section shall be located in a side yard containing a driveway.
(4)A travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in
any area except in a recreational vehicle park authorized under this ordinance.
(5)A junked vehicle,or one that is not operational shall not be permitted to be located on or near lots with
dwelling units.These junked autos shall be confined to junkyards.
8.Personal Storage
a.Intent:The intent of the special conditions for Personal Storage is to:
•Allow for personal storage services to be mixed with other compatible commercial uses;
•Ensure that personal storage facilities are located appropriately in order to minimize the impact on
adjacent property;and
•Recognize that the design and scale of personal storage facilities can determine how well this use fits in
with surrounding uses.
b.Location Requirements:
(1)Exterior personal storage facilities on more than two acres shall be located only in the M-l and M-2
districts and only by special exception.
(2)Exterior personal storage facilities on less than two acres and indoor personal storage facilities may be
located in the B-2 district and only by special exception.
c.Site Requirements:
(1)All one-way drive aisles shall provide for one 10-foot wide travel lane.Traffic direction and parking
shall be designated by signs or painting.
(2)All two-way drive aisles shall provide for one 10-foot wide parking lane and two 12-foot wide travel
lanes.
(3)Two parking spaces,to be located at the project office for use of clients,shall be provided for the
manager’s quarters plus one additional space for every 25 storage cubicles.
(4)Any other site requirements determined through the special exception procedure to minimize impacts
on adjacent property.
9.Accessory Dwelling Units
a.Intent:The intent of the special conditions for accessory dwelling units is to allow flexibility in living
arrangements and home occupations while maintaining the residential character of existing neighborhoods.
These standards apply to all districts except for the Village Districts in Article VI.
b.Location Restrictions:Accessory dwelling units shall be located on the same lot as the principal structure
and are subject to the dimension standards in Section C.2.of this Article.
FAIRHOPE ZONING ORDINANCE 31
Page 88 of 246
Arlick’III Section D
Zoning Districts Special Conditions for Uses
c.Site Requirements:
(I)Any accessory structures shall only have a half bath.
(2)Kitchens and electrical wiring or gas-supporting kitchens are prohibited.
(3)Any accessory structure proposed for office or extra living areas shall not be larger than 50%of the
gross square footage of the principal structure.
(4)Any utilities for an accessory structure shall run through the principal structure.
d.Exception:Notwithstanding anything contained in this subsection 9 to the contrary an)‘hona—fide”mother-
in-law suite with a kitchen,attached to the p*i-ne+p4e principal structure,under common roof,shall not
be deemed to be an accessory dwelling unit for purpose of this zoning ordinance but,instead,shall be
deemed to be a part of the principle principal dwelling unit.
10.Building Materials on Commercially Zoned Property
a.Intent The intent of the special conditions on building material for commercially zoned property is to
prevent negative visual impact,provide attractiveness and beautification,and protect commercial property
values.
b.Location restrictions:The special conditions in this section shall apply to any commercially zoned
property in the City of Fairhope.
c.No building or portion of a building visible from a public street or right-of-way shall be exposed metal.A
façade of some type or material shall be used to visually screen the metal from the public street or right-of-
way.
11.Body-Piercing Studios,Non-Chartered Financial Institutions,Palm Readers,Pawn Shops,Tattoo Parlors
a.Location Resti-ictions 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.Sile Requirements:
(I)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.
12.Restaurants and Accessory Bars in the iI-1 Light Industrial District
a.Intent:The intent of these special conditions for restaurants and associated bars in the M-l Light
Industrial District is to provide a method for restaurants to be permitted in the M-l district.
b.Location Requii’etnents:The special conditions in this section shall apply only to the M-1 Light Industrial
District.
c.Site Requirenents:
I)Prohibition of drive throughs.Restaurants shall not contain drive through windows or pick up
windows.The Rrestaurant must be a sit-down style restaurant.
13.lulti-Familv/Apartment
a.Intent:The intent of the special conditions tbr apartments is to:
I )Provide a residential format as an alternative to single-family homes-,and
Fi IRHOPE Zov1vG ORDINaNcE 32
Page 89 of 246
Article III Section D
Zoning Districts Special Conditions for Uses
(2)Allow apartments to be appropriately intermingled with other types of housing and give residents
of apartments quality residential neighborhoods;and
(3)Ensure location and design standards compatible with surrounding property;and
(4)Make efficient,economical,comfortable,and convenient use of land and open space.
b.Site Requirements:
(1)Minimum total site area:One acre
(2)Minimum dimensions of parcel:
(i)200 feet minimum width of parcel at all points between the street line and the front setback
line
(ii)200 feet minimum street frontage line
(3)Minimum yards and building setbacks:
(i)Minimum front yard setback:50 feet
(ii)Minimum rear yard setback:40 feet
(iii)Minimum side yard setbacks for buildings containing no more than one story:20 feet
(iv)Minimum side yard setbacks for buildings containing more than one story:25 feet
(4)Building Limitations
(i)Maximum building area:25 percent of the total area of the parcel
(ii)Maximum number of stories:Two
(iii)Maximum building height:30 feet
(5)Maximum allowable Gross Density:One dwelling unit per 9,680 square feet of land contained in
the parcel.
c.Parking:
(1)Minimum offstreet parking per Dwelling Unit:Two spaces.
(2)Visitor and accessory parking shall be provided based on the following:
(i)One to ten Dwelling Units:One-half parking space per Dwelling Unit;
(ii)Eleven or more Dwelling Units:Five spaces plus one-fourth additional parking space for each
unit over ten;
di ciditional Requirements:
(1)Service yards.Each Multi-Family/Apartment site shall be provided with a service yard for the storage
of garbage,trash and maintenance equipment.Each such yard shall be located so as to be
conveniently accessible by a street,alley or driveway to vehicles collecting such refuse and to
occupants of the building served by such yard.Each such yard shall be paved with asphalt or concrete
and shall be enclosed by an opaque wall or fence of permanent construction,at least six feet,but not
more than eight feet,in height,and designed and constructed so as to conceal the service yard from
visibility from outside such wall or fence.The entrance to the service yard shall be screened by a gate
constructed of an opaque material,which gate must be at least six feet,but not more than eight feet,in
height.
(2)Sidewalks.Sidewalks of not less than five feet in width shall be provided between any parking area
and the Buildings in which they serve,and there shall be a curb between all parking areas and any
adjacent sidewalk.The sidewalks shall be paved with concrete or brick.
14.Mixed-Use Building
a.Intent:The intent of the special conditions for Mixed-Use Building(s)is to:
(1)Accommodate Mixed-Use Building(s)with neighborhood-serving retail,service,civic,and
other uses on the ground floor and residential above the non-residential space;and
(2)To provide opportunities for vertical integration of compatible uses within the same Building
footprint;and
(3)To ensure the Mixed-Use Building(s)are compatible with the character of the surrounding
neighborhood;and
(4)Make efficient,economical,comfortable,and convenient use of land and open space;and
(5)Serve the public purposes of zoning by means alternative to conventional arrangements of
yards and building areas.
b.Site Requirements:
(1)Minimum lot area:20,000 square feet or 9,680 sfper Dwelling Unit,whichever is greater.
FAIRHOPE ZONING ORDINANCE 33
Page 90 of 246
Article 111 Section D
Zoning Districts Special Conditions for Uses
(2)Minimum dimensions of parcel:
i)80 feet minimum width of lot at all points between the street line and the front setback
line
(ii)80 feet minimum street frontage line
(3)Minimum yards and building setbacks:
(i)\l in imum front yard setback:40 fect
(ii)Miii imum rear yard setback:20 fect
(iii)Minimum side yard setbacks 15 feet.except where lots abut residentially zoned property
side yard setback shall be 20 feet
(4)Building limitations:
i )Maximum Floor Area Ratio (FAR):60 percent
(ii)Maximum impervious area:50 percent of the total area of the lot
(iii)Maximum number of stories:Two
is )Max mum building height:30 feet
(5)Maximum allowable Gross Density:One Dwelling Unit per 9,680 square feet of land
contained in the parcel
c.\otwithshniduig the /oregoalg.the Jofloiiiiig site !‘ec/uulements chaff apply to (/01 lot that is located
lilt/i/fl (fiji (I/ca (i/tile CR1)Oveilai ii’here .1 fixed—I se Buildings (lie all owed
I )Minimum lot area:7.000 sf per Dwelling Unit.
(2)Minimum dimensions of parcel:None
(3)Minimum yards and building setbacks:
(i)Minimum front yard setback:Mixed—Use Buildings in the CBD shall he built at the right-
of-way line,unless a courtyard,plaza or other public open space is proposed.
(u)Minimum rear yard setback:Determined by Zoning District,See Table 3-2.
(ui)Minimum side yard setbacks:None,except that corner lots shall have the same building
line on the side street as is on the front street.
(4)Building limitations:
)i)Maximum Floor Area Ratio (FAR):2(10 percent
(ii)Maximum impervious area:None
(iii)Maximum number of stories:Three
is )Maximum building height:40 feet
(5)Maximum allowable Gross Density:One Dwelling Unit per 7.000 square feet of land
contained in the parcel
I cc i?est,ic.iioi,s
(1)Reciileniial I se.v Upper Story Dwellings shall he allowed in accord ss ith the following
requ i ic ments:
(i)No Upper Story Dwelling shall have a gross floor area of less than 600 feet.
(2)(‘oiuineicial I ses:
(i)At least 90%of the first floor shall he occupied by Commcrcial’nonrcsidcntial uses.For the
purposes of this calculation,parking garages shall not make tip more than 10%of the first/ground
floor.
F1IR11OPE ZONING ORDIV4VCE 34
Page 91 of 246
Article IV Section A
Site Design Standards Open Space
Article IV
Site Design Standards
A.Open Space/Greenspace
B.Screening,Lighting,and Landscape Material
C.Streetscape
D.Site Access and Internal Circulation
E.Parking
F.Stormwater Management
G.Tree Preservation
This Article provides site design standards for seven key elements that are part of most development sites:open
space;screening,lighting,and landscape material;streetscape;site access and internal circulation;parking;
stormwater management;and signs.The standards are intended to contribute to the ability of development sites to
integrate into the City’s overall plan.The standards and guidelines in this article should be applied in every zoning
district and to every site design to the extent that the component is required by any development regulation or is
otherwise proposed as part of the site plan or development.These design standards should be applied in addition to
any specific area or design standards contained in other sections for a particular zoning district.
A.Open Space
1.Intent
The open space design standards are intended to provide design solutions that ensure each area of open space
serves a specific function and is not merely left over or under-utilized space.The design standards are also
intended to provide greater access to a wider variety of open spaces.These design standards are to be applied to
any area used to meet specific area requirements of the zoning districts and subdivision regulations for open
space or greenspace.
2.Types of Open Space
The following Table 4-1 indicates the categories,types,and general sizes of open space that can be used to meet
the City requirements for open space and greenspace.Generally there are two categories —Natural and Civic.
Natural open space is most appropriate in neighborhoods,rural areas,or at the edges of village developments.
It can also be used at any location where significant natural features warrant preservation.Civic open space is
most appropriate in convenient locations,easily accessible by a large number of people.Typically this will be
at the center of a residential neighborhood or in a village or commercial center.
FAIRHOPE ZONiNG ORDINANCE 31
Page 92 of 246
Article IV Section A
Site Design Standards Open Space
Table 4-1:Open Space Categories and Types
Size
Category Type Description Recommendation Image
Preserve
An undeveloped area that contains
significant natural features or
habitat worthy of preservation.
Features such as large stands of
trees,water elements,or prominent
topography characterize preserves.
A preserve may be used for passive
recreation or as a scenic and visual
buffer.It generally contains little
or no constructed improvensents
although trails may access the
preserve.
The size of a Preserve
open space should be
based on the site
characteristics and
potential continuity of
natural features in the
area along with the
potential to conitect to
adjacent natural areas.
c)
z
z
Trail!
Greenway
An undeveloped area of continuous
linear natural features,often
following a stream or floodplain.
A trail or greenway should be
usable for recreation and non-
motorized transportation.It
includes few constructed
improvements except for those to
enhance travel or recreational use.
General I)’should
include at least 3 acres
but should be sized and
located based on
providing significant
continuity throughout a
development and to
areas beyond the
dcvelopmetit area.Must
be at least 30’wide at
all locations.
Park
An undeveloped natural area for
unstrueti.tred recreation.A park
may include some areas for
structured recreation,such as ball
fields,but generally this area
should occupy no more than 25%
of the total area.Parks arc located
based on the presence of natural
features or based on convenience
for sttrrounding residents.A park
has a predominantly natural
landscape although portions may be
designed for aesthetic and
recreation purposes.particularly for
parks located due to convenience.
At least 3 acres
F4IRHOPE ZONING ORDINANcE 32
Page 93 of 246
Article IV Section A
Site Design Standards
Table 4-1:Open Space Categories and Types (continued)
Open Space
A small open space accessible to
the public but generally serving
one or a few surrounding
buildings.Courtyards are
primarily bordered by building
facades,but have at least one side
fully or partially boarded by a
public right-of-way.Courtyards
arc often constructed of materials
to withstand heavy pedestrian
traffic,but contain intermittent
formal landscape elements.
1000 square feet to 1/8
acre
An open space for unstructured
recreation or aesthetic
landscaping.A green is bordered
by public right-of-ways on at least
2 sides,front building facades,
and formal landscaped elements
to define its boundaries.
Generally there arc few
constructed elements except as a
formal entry to or a focal point for
the green.
¼to 3 acres
1/8 to 2 acresAnopenspaceforcivicpurposes
and commercial activities.A
plaza is bordered by public right-
of-ways on at least 2 sides,and
building facades to define its
boundaries.It is largely
constructed of materials to
withstand heavy pedestrian traffic,
but contains intermittent lawns,
landscape beds,or trees in a
formal pattern.z
C
The size of plazas is
generally determined by
the height of
surrounding buildings,
maintaining between a
1:3 and 1:6 ratio of
building height to plaza.
The size of courtyards is
generally determined by
the height of
surrounding buildings,
maintaining a between a
2:1 and 1:3 ratio of
building height to
courtyard.
Open space designed and
equipped for structured recreation.
Playgrounds are often boarded by
a fence or other private boundary
(as in the case of a playground
intemal to a block)but are
accessible by common pedestrian
path.Altematively,playgrounds
included as part of a larger civic
or natural open space do not
necessarily have borders.
1000 square feet to ¼
acres.
A playground may be
part of larger civic or
natural open space.
FAIRHOPE ZONING ORDINANCE 33
Page 94 of 246
-1 rude I V Section B
Site Design Standards Screening.Lighting.and Landscape Material
B.Screening,Lighting,and Landscape Material
Intent
The screening,lighting,and landscape material sections are intended to create a quality community
image.minimize the impact of development on adjacent sites,allow property owners to create
comfortable and appropriate private environments,and integrate all development into the overall
community plan.
2.Screening
a.In any district,all mechanical or operating equipment,materials,or activities not contained within
a building,such as drive-through equipment,outdoor storage of materials,stationary machinery,
and outdoor servicing activities,shall be enclosed by a wall or fence of solid appearance or tight
evergreen hedge not less than six feet in height.If the owner elects to build a wall or fence of bare
or severe appearance it shall be enhanced with the planting of shrubs.
b.In any district where a commercial/industrial use abuts a residential use,screening/buffering shall
be required.Acceptable screening/buffering shall include a wall or fence of solid appearance,or
tight evergreen hedge not less than six feet (6’)in height and a twenty foot (20’)landscaped buffer
containing at least one (1)overstory tree and five (5)shrubs per every twenty-five linear feet (25’).
3.Parking Lot/Open Area Lighting
Parking lots with 50 or fewer spaces and open area requiring lighting for general purposes shall have
light poles that do not exceed 10 feet overall height.Parking lots having more than 50 spaces shall
have light poles that do not exceed 20 feet overall height.Luminaries of a sharp cut off design to
shield light source above 72 degrees from vertical and providing 1.0 average maintained foot-candles
with the following uniformity ratios:3:1 average/minimum *(.33 FC mininuirn),12:1
maximum/minimum *(4.0 FC maximum)are required in all cases.Public facilities such as lighted
ball fields are excluded.A photometric grid shall be furnished by developer at time of building permit
application.
*maximum or minimum foot-candle level at any point lighted area.
4.Landscape Materials
All un-built yards and open space required by this ordinance,and all natural screening material,shall
be planted according to the specifications of the City Landscape and Tree Ordinance.
5.Fencing and/or Walls
a.Fences and;or walls are permitted in every zoning district.A building permit shall be obtained
prior to construction of any fence.Fences and/or walls may be permitted on the property lines or
anywhere else on the lot provided that:
(I)Fences and’or walls shall not be constructed in a drainage easement,floodway,or other
watercourse;and
(2)Fences and/or walls shall not be constructed in any required clear sight distance.
b.Fences and/or walls in all residential zoning districts are subject to the following requirements:
(I)No fence and/or walls shall be higher than eight (8’)feet.Any fence and/or walls forward of
the front building line shall not be higher than four (4’)feet:
(2)No corrugated metal sheets,solid sheets of metal,plywood.particleboard,or similar materials
shall be allowed;and
F,4JRHoPEZovIG ORDIN.4NCE 34
Page 95 of 246
Article IV Section C
Site Design Standards Streetscape
(3)No barbed wire,razor wire,or similar materials shall be allowed except for fences used for
agricultural purposes in the R-A —Residential/Agriculture zone.
c.Fences and/or walls in all non-residential zoning districts are subject to the following:
(1)No fence and/or walls shall be higher than 12 feet.Any fence and/or walls in front of the
front building line shall be limited to between two and one-half and four feet high and shall
have a design style consistent with the architectural elements of the buildings on the site.
(2)No corrugated metal sheets,solid sheets of metal,plywood,particleboard,barbed wire,razor
wire,or similar materials shall be allowed.
C.Streetscape
1.Intent
Streetscape refers to the area between building
facades on opposite sides of the street.It
consists of public rights-of-way and private
property and is a publicly visible space.The
streetscape site design standards are intended to
create a smooth transition from the public realm
to the private realm,provide a pleasant
pedestrian experience,improve the appearance
and function of the public rights-of-way,and
reinforce and enhance the perception of the
City as a unique and livable community.See
Figure 4 —1.
2.Frontage Types
The following Table 4-2 indicates frontage types that make up the private portion of the streetscape.In
zoning districts where specific setbacks are specified,any frontage type within that range may be used.
In zoning districts where specific frontage types are specified,the frontage types may be used within
the acceptable setbacks listed in this section and in the zoning district standards.
Figure 4—1.Stree!scape refers to all areas visible from the
street and fronting buildings,and nrnv cons 1st of public or
private property.
FAIRHOPE ZONING ORDINANCE 35
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-‘I rude 1 V Section C
)
The building line expresses the general acceptable range for distances of principal buildings from the right-of-way.
This range shall apply unless a more specific set back or build to line is specified for a particular zoning district.
“
Site Design Standards Streetscape
Table 4-2:Frontage Types
Frontage Building line*Description Image
20’mininiuni A frontage svitlt the building set back front the right.
40’maximutti of-way line.The yard area is most appropriately
used for landscape materials,natural vegetation,or
Yard Estate dsselliiig units focal points such as art or sculptures.The yard
and Civic uses with a frontage is most appropriate in rural settings,
yaid frontage shall have residential neighborhoods,for residential uses along
rio maxtniutn depth for arterial streets where a buffer is desired,and for
the front building line,civic land uses itt any setting.
A frontage svtih the buildings sepatated from the
8’tuittimsim right-of-way by a slightly elevated garden or small
Terrace 20’maxitlsum yard.The terrace area is most appropriately used 1’
for landscape materials and entry elements,such as
stairways,gateways or small fences or hedges.The rterracefrontageismostappropriateinresidential
neighborhoods or areas of steeper topography.
10’minimum A frontage svith a portion of the building close to the
20’maximum right.of—way line,while the remaining portion is
setback from the right-of-way line,providing a
Courtyard A poriiott of the pocket of open area in the courtyard.The courtyard
building.typically more area is most appropriately used for landscape
than 50°’o of the front material or constt’ucted patios for pedestrian traffic.
façade)shotild be built The courtyard frontage is most appropriate on
ai or near the right-of-higher-density residential blocks or for businesses
way line that can utilize fonrial outdoor space.
8’m tnt mum A frontage svtih the bitt Iding close to the right-of—
15’maximum way’line bitt with the first floor slightls elevated
(typically 3 to 5 feet)to ensure prts”acy to occupants
of the building.Typically the closer the building
line is to the right-of-way.the tighter ilte elevatioti
of the first floor should be.The setback area is ritost
approprtately used svith an oniamental stair andStoopentrancesvaytothebuildings.potentially with a
stisall usable space at the top.The remaining
portion of the setback area can include a small ai’ea
of landscape material.The stoop frontage is most
appropriate for higher-density residential blocks,or
residential buildings mixed on blocks svith non
residential buildings.
0’minimun’i
10’maximum A frontage with the butilding at the right-of-was’line
or slightly set back from the right-of-way line.The
ground level of the building is predominantly
Street-front transparent and available to uses serving the public,
thus providing varied and interesting environment to
pedestrians.Any setback area is typically designed
scamlessly with the right-of-way svmtls either
expanded sidewalks,landscape beds.sii’eei-front
seating,or a covered walkway.The street-front
frontage is niost appropriate for non-i’esidential uses
in pedestrian-oriented areas.
F.-IIRH0PE ZONING ORDIN4NcE 36
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Article IV Section D
Site Design Standards Site Access and Internal Circulation
D.Site Access and Internal Circulation
Intent
Site access and internal circulation standards are intended to balance the need for site-access by
vehicles with pedestrian movements.Design elements are intended to create a smooth transition from
the public rights-of-way to the private property,and to improve the appearance and function of the
public rights-of-way for all users including pedestrians,bicycles,and automobiles.
2.Curb Cuts
Curb cuts for property not being subdivided shall be allowed according to the same Lot Access
standards established in the Fairhope Subdivision Regulations.When the development process
requires access standards different from those standards,either from a traffic study or through a
subdivision waiver process,the revised standards shall comply with the goals of the Comprehensive
Plan,the Subdivision Regulations,and this ordinance.Any special access conditions for particular
uses are indicated in Article III.,Section D,and any special access conditions for particular zoning
districts are listed in Article VI.
3.Internal Driveways,Aisles and Driveway Lanes
All driveways shall be set back a minimum distance of three feet from the side lot line,except where
shared access driveways are provided.To the extent practical,all internal driveway aisles should be
designed and dimensioned as closely as possible to the public street standards in the Fairhope
Subdivision Regulations,including sidewalks,planting strips,and parking lanes.
4.Clear sight lines
Clear sight lines shall be maintained for all lot access points and internal circulation intersections in
accordance with the standards for public street intersections specified in the Fairhope Subdivision
Regulations.
5.Off-Street Loading/Unloading
Off-street loading/unloading spaces shall be provided according to the following:
a.SL-e of Spaces:Each off-street loading/unloading space shall have minimum dimensions of 14 feet
in height,12 feet in width,and 55 feet in length.However,upon sufficient demonstration that a
particular loading space will be used exclusively by shorter trucks,the Board of Adjustments may
reduce the minimum length accordingly to as little as 35 feet.
b.Connection to Street or Lane:Each required off-street loading/unloading space shall have direct
access to a street or lane,or have a driveway which offers satisfactory ingress and egress for
trucks.
c.Required spaces:All non-residential buildings with uses requiring the receipt or distribution of
materials or merchandise shall provide at least one (1)off-street loading/unloading space per each
10,000 square feet,or fraction thereof,of floor area located on the same lot as the building or use.
Adjacent buildings or uses of less than 10,000 square feet may share loading/unloading spaces
within 300 feet of the loading/unloading entrance.All off-street loading/unloading spaces shall be
located to not hinder free movement of pedestrians and vehicles over a sidewalk,street,or lane.
d.Permanent Reservation:Areas reserved for off-street loading/unloading in accordance with the
requirement of this ordinance shall not be reduced in area or changed to any other use unless the
permitted use which is served is discontinued or modified unless alternate and equivalent
loading/unloading space is provided and approved by the Board of Adjustments.
FAIRHOPE ZONING ORDINANCE 37
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.4rticle II’Section E
Site Design Standards Parking
E.Parking
1.Intent
Parking standards are intended to provide adequate access and vehicle storage for land uses,but also
minimize negative impacts of large expanses of parking such as poor pedestrian environments,
degraded community aesthetics,additional stormwater runoff from excess impervious surfaces,and
under-utilized space.
2.Required Parking
The following Table 4-3 is the parking schedule and represents the minimum required parking spaces
for specific land uses.These standards shall apply in any district the use is allowed,or permitted by
special exception.These standards shall not apply to the CBD Overlay,where on-street parking is
permitted.However,wherever practicable,businesses in the CBD Overlay are encouraged to provide
off-street parking facilities.Any specific use or district condition in Article III of this ordinance shall
apply along with the standards and conditions of this Section.Any area reserved for off-street parking
in accordance with the requirements of this ordinance shall not be reduced in area or changed to any
other use unless the permitted use,which it serves,is discontinued or modified,or alternate and
equivalent parking space is provided to the satisfaction of the Board of Adjustments.
Table 4-3 —Parking Schedule
Land Use Parking Required
Residential;
Accessoiy dwelling unit I space per dwelling unit
Mixed use dwelling unit I space per dwelling unit
All other dwelling units 2 spaces per dwelling unit
Lodging;
Hotels.Motels,Boarding Houses Dormitory.1 space per bedroom,mobile home,or travel trailer space.
Manufactured Home Developments,and plus I space per five employees
Recreational Vehicle Parks
Bed and breakfast or tourist home 2 spaces per residential use plus one space per guest bedroom.
Public Assembly;
Community Centers and Clubs 1 space for each 100 feet of building under roof.
Indoor Recreation,Outdoor Recreation,1 space for each 4 seats or each 200 square feet of assembly
Entertainment Venues,Places for Worship.floor area,whichever is greater.
stadiums and similar places of assembly
Libraries,museums,and general Civic Uses I space for each 500 square feet of gross floor area.
Schools,including kindergartens,playschools I space for each 4 seats in assembly hall,or 1 space for each
and day care centers employee,including teachers and administrators whichever is
greater,plus 5 spaces per classroom for high school and
colleges.
Health Facilities:
1-Iospitals,Convalescent or Nursing Homes,and I space for each 4 beds,plus I space for each 4 employees
similar institutional uses including nurses.
Kennels and Animal Hospitals A parking area equal to 30 percent of the total enclosed or
covered area.
Medical,dental and health offices,and Clinics I space for each 200 square feet of floor area used for offices
and similar purposes.
F4 IRFIOPE ZONING ORDIN4NcE 38
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Article IV Section E
Site Design Standards Parking
Land Use Parking Required
Mortuaries and funeral homes 5 spaces per parlor chapel unit,or I space per 4 seats,
whichever is greater.
Businesses:
General Retail and Office establishments 0 to 400 square feet of 4 parking spaces
floor area -
400 to 5000 square feet of same as above plus 1 for each
floor area -additional 400 square feet
over 5000 square feet of same as above plus 1 parking
floor area --space for each additional 200
square feet
Restaurants and Bars 1 space for each 4 seats up to 52 seats and 1 space for each 6
seats thereafter.
Automobile Service Stations A minimum of 2 off-street parking spaces is required with an
additional off-street parking space for each lubrication or
wash bay.
Industries:
Commercial,manufacturing and industrial 1 space for each 3 employees on the maximum working shift,
establishments,not catering to retail trade plus 1 space for each vehicle operating from the premises.
Wholesale establishments 1 space for every 50 square feet of customer service area,plus
2 spaces for each 3 employees on the maximum working
shift,plus 1 space for each company vehicle operating from
the premises.
3.Compact Car Parking Requirement
a.Compact car parking spaces shall be a minimum of 30%of the required parking spaces and no more
than a maximum of 40%of the required parking spaces.Compact car spaces shall be grouped
together to the greatest extent possible.Compact car spaces shall be designated by paint at the
entrance of the parking stall.
4.Parking Dimensions and Size
a.Standard parking lot dimensions shall be as follows:
See Figure 4—2 90 angle 60 angle 45 angle
A—stall width 10’10’10’
B —stall depth 20’20’20’
C —two-way aisle width 20’20’20’
D—one-way aisle width 20’17’13’
E —oqvay single loaded aisle width 16 14 1 1
FAIRHOPE ZONING ORDINANCE 39
Page 100 of 246
Article IV Section E
Site Design Standards Parking
it
Figure 4—2.Parking drive aisle ii-idths mar van depending on the configuration and angle of parking
that the drive aisle supports.
b.Compact car parking dimensions shall be as follows:
90 angle 60 °angle 45 angle
Stall width 8’8’8’
Stalldepth 15’16.8’16.5’
c.Parking Lot Limits
(1)No use shall provide more than 20%more than the parking required by Table 4-3.
(2)Any parking provided that is more than the parking required by Table 4-3 shall be designed
with a pervious surface approved by the City.
(3)No off-street parking area in any area zoned for residential uses shall exceed 40 spaces.
5.Shared Parking
In meeting the requirements of Table 4-3 —Parking Schedule,adjacent uses may share parking under
the following conditions and standards:
a.Adjacent landowners shall execute the necessary cross access easements to facilitate shared
parking and record all easement documents with the Judge of Probate.
b.A written agreement for the joint use of parking facilities shall be executed by the parties and
approved by the City.
c.Parking requirements shall be the cumulative requirements of the uses sharing the parking,except
where different uses (Retail or Service,Office,Civic,or Residential)are located on the same or
adjacent lot.
(1)When two or more uses located on the same or adjacent lot have distinctly different hours of
operation they may qualify for a reduction of required parking.One hundred percent (100°/o)
of the required parking may be shared.Required parking shall be based on the use that
requires the greatest amount of parking according to Table 4-3 —Parking Schedule.
(2)If two or more uses located on the same or adjacent lot have distinctly different peak hours of
operation.they may qualify for a reduction of required parking.Fifty percent (50%)of the
required parking for each use shall be dedicated to only that use,while the other fifty percent
may come from a pool of parking spaces shared by any use with distinctly different peak
hours of operation.
d.All shared parking shall be located within reasonable proximity of main entrance of the building.
e.Direct pedestrian access to and from the building and the parking area is required.
F4IRHOPE ZONING ORDIN,4NcE 40
Page 101 of 246
Article IV Section F
Site Design Standards Stormwater Management
6.Low Impact Development (LID)Parking Requirements
Landscaping is required for all parking lots.The interior parking lot landscaping requirements shall
use LID techniques and be designed by an Alabama licensed Professional Engineer and an Alabama
licensed Landscape Architect or designer.The following LID techniques shall be used in the interior
of all parking lots containing 12 or more parking spaces.The LID parking requirement landscape plan
will be reviewed in accordance with the Tree Ordinance.Any landscaping plan submitted in
accordance with this subsection shall include technique 5 below and at least one of the other following
techniques:
1)First Flush Treatment:The LID landscaping design shall be sized appropriately to treat the first
one inch of runoff into the receiving parking lot LID area.
2)Bio-retention.
3)Rain Garden.
4)Vegetated Swale.
5)Permeable Pavement Systems:Permeable pavement systems are a required LID technique.100%
of parking provided over and above the minimum parking requirements shall be permeable
pavement systems.Typical systems are brick payers,pervious asphalt,and pervious concrete.
Other systems may be approved if the design engineer provides adequate documentation that
demonstrates the proposed technique is equally or more effective than the typical permeable
systems listed.Approval of a proposed technique is at the sole discretion of the City during the
permitting process.
6)Tree and Ground Cover Plantings:When trees are required in a parking lot by the Tree Ordinance
they shall be included and integrated into the LID design.Species shall be as approved by the
City Horticulturist and must be suggested by the landscape architect or designer.There shall be
no bare ground exposed and all ground cover proposed shall be integral to the success of LID
techniques.All ground cover shall be as approved by the City Horticulturist and must be
suggested by the landscape architect or designer.
7.Parking Credits
A credit may be given to the requirements of Table 4-3 —Parking Schedule,under the following
conditions:
a.On-street parking within 300 feet of any lot line may be credited to the parking requirement at a
rate of one credit for every two on-street parking spaces.
b.Bicycle parking facilities within reasonable proximity of the main entrance may be credited at a
rate of one credit for every five-bicycle parking spaces,up to a maximum of 10%of the required
vehicle parking.
F.Stormwater Management
1.Intent
The intent of this section is to provide for stormwater management in site design.The primary
management strategy should be infiltration of all runoff created by development through natural
systems and constructed natural systems.Should infiltration not address stormwater management for
the site adequately,retention and detention of run-off will be required.This section also seeks to
incorporate any stormwater management system into the design of the site as a natural or aesthetic
amenity.
2.General Requirements
All site plans shall be designed with surface drainage provisions in accordance with the Fairhope
Subdivision Regulations,construction,building,or grading permits,and any other City ordinance
regarding the effects of stormwater.Developers shall take steps necessary to prevent run-off,which
FAIRHOPE ZONING ORDINANCE 41
Page 102 of 246
Article It’Section F
Site Design Standards Storrnwater Management
may have the potential for causing flood damage to neighboring property.The building inspector
shall,in consultation with the city engineer,determine that reasonable provisions for properly handling
surface drainage have been made in the applicant’s design,and will report these findings for the
Fairhope Planning Commission’s consideration in acting on building applications.If reasonable
provisions are not made in the applicant’s design,the Fairhope Planning Commission shall make the
remedies available to the applicant a condition of the approval,or deny the application.“Dry wells,”
biofilters,or other constructed infiltration systems may be required of sufficient capacity to receive up
to four inches per hour rainfall on the paved area or areas requited for off-street parking and loading.
Rainfall intensity to be calculated on storm frequency determined by the commission andIor its
consultants.
3.Design Standards
Storm water detention shall be screened from direct view from all abutting properties by installation
and maintenance of living plants at least 36 inches in height at time of planting,and achieve a height of
not less than six feet in three years after planting.Outer slopes of detention ponds shall not be steeper
than four feet horizontal to one-foot vertical.Where water depth and time of detention is sufficient to
require safety fencing,such fencing shall be installed behind required screening,on the pond side.
4.Alternative Designs
Standards of this ordinance that relate to the City of Fairhope Subdivision Regulations may be waived
to provide for an alternative stormwater design system provided that:
a.The alternative stormwater design provides for an infiltration systeni that incorporates at least 80%
of the runoff from impervious surfaces into the groundwater on the site and results in an overall
reduction in impacts on streams in the watershed.
b.The alternative stormwater design addresses stormwater on an area-wide or watershed basis
making stormwater management on individual lots within the site unnecessary.
c.Natural elements on the site are incorporated into a natural storm drain infrastructure minimizing
or eliminating the need for detention ponds and other constructed stonii drainage.Constructed
elements of the natural drainage system shall be limited to artificial wetlands,bio-filters.and dry
swales.To the extent that it does not damage the function of the natural drainage system,natural
elements should serve additional community purposes such as trails or greenways.parks.or
aesthetic screens.
d.Any waiver of standard to accommodate the alternative stormwater design proposes an equal or
better alternative for meeting the intent of the waived standard.
e.The alternative stormwater design is accompanied by a plan produced by a registered engineer
testifying to its accuracy and sustainability.
f.The alternative storrnwater design plan included provisions for long-term maintenance and
operation of the alternative design,including easements,covenants,restrictions,and an acceptable
legal entity to oversee long-term maintenance.
g.The alternative stormwater design plan shall accompany a site plan for the entire development.
The plan and any waivers to the standards of this ordinance shall be approved according to the
procedures and standards for the site plan.
F4JRHOPEZOIVING ORDIN4NCE 42
Page 103 of 246
Article IV Section G
Site Design Standards Tree Preservation
G.Tree Preservation
On a site where a live Heritage Tree exists,the Planning and Zoning Director may grant up to a seven foot
(7’)administrative setback variance in order to protect andlor preserve an existing Heritage Tree as defined
in Article IX,Section C.of this Ordinance.
The only types of Heritage Trees protected under this Ordinance shall include:
Various Oak Trees (Quercus Species),Cedar Trees,Cypress Trees,Magnolia Trees and any other unusual
species identified as a desirable tree by the City Horticulturist.
In an effort to preserve the critical root areas for existing trees on public and private properties,trenching is
not allowed within nine feet (9’)of any property line.One may use a directional boring (Horizontal
Directional Drilling —HDD)method of service installation within the 9’no-trenching setback.
FAIRHOPE ZONING ORDINANCE 43
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Article V Sectio,,1.
Special Districts HTD -Highway Transitional District
Article V
Special Districts
A.PUD —Planned Unit Development
B.CBD —Central Business District Overlay
C.FH-i Flood Hazard District
D.R-6 Manufactured Homes
E.AO —Airport Overlay
F.P-i —Parking District
G.TR —Tourism Resort District
H.MO —Medical Overlay District
I.HTD —Highway Transitional District
A.PUD —Planned Unit Development
Intent -The special standards listed in this section for the Planned Unit Development district are intended
to;
•Permit flexible development of projects which are comprehensively planned as a single development
with a functional master development plan which fully considers the entire site as an integrated project
and give broad consideration to impacts and relationships to surrounding areas.
•encourage opportunities for development innovation tailored to a particular site,that while clearly
furthering the goals of the comprehensie plan,could not explicitly be established by generally
applicable standards or guidelines;
•allow mixed-use development which offer a greater variety in type,design,and layout of buildings;
•encourage land conservation,and more efficient use of open space;
•permit modification of certain controls in a manner so as to produce large area development arranged
to better serve community needs
2.Size A Planned Unit Development shall be a minimum of 5 acres.
3.Permitted Uses —The PUD District shall be assembled using any of the current base zoning district;;the
following base zoning districts listed in paragraphs a.and b.below,provided in the Fairhope Zoning Ordmance.
The list of permitted uses that will be utilized in each project shall be described and contained in the master
development plan accompanying each Planned Unit Development application.
a.No PUD may be comprised exclusively of residential uses.At minimum,33%of the developable acreage
within the proposed PUD shall utilize the following base zoning districts and shall be completed during the
first development phase.
I )B-I —Local Business District
(2)B-2 —General Business District
(3)B-3a —Tourist Resort Lodging District
(4)B-3b —Tourist Resort Commercial Service District
(5)B-4 —Business and Professional District
Proposed base zoning districts should account for neighboring uses,as well as the Fairhope Comprehensive
Plan to determine appropriate base zoning districts.
b.If the PUD includes residential uses,the base residential districts shall be limited to the following:
I )R-A —Residential Agricultural District
(2)R-I —Low Density Single-Family Residential District
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Article V Section 1.
Special Districts HTD -Highway Transitional District
(3)R-l(a)--Low Density Single-Family Residential District
(4)R-1(b)—Low Density Single-Family Residential District
(5)R-1(c)—Low Density Single-Family Residential District
(6)R-2 —Medium Density Single-Family Residential District
(7)R-3 —High Density Single-Family Residential District
4.Ordinance and Master Development Plan Required —Each Planned Unit Development shall have an
Ordinance that establishes the development of regulations for the district.In approving a Planned Unit
Development,the ordinance shall reference the Master Development Plan,which shall prescribe
development standards.The Master Development Plan after approval shall become part of the amending
ordinance.All development shall be in conformance with the approved Master Development Plan and
development regulations.
a.Master Development Plan.The Master Development Plan shall include the following information:
(1.)Written Documentation
a.A legal description of the parcel upon which the PUD is to be built;
b.The name of the present owner(s)and,if different,the person(s)who will be the owner(s)
of the parcel(s)during the development of PUD;
c.A statement of development objectives,including a description of the character of the
proposed development and its relationship to surrounding areas;
d.A statement of compliance with the Comprehensive Plan and pertinent regulations;
e.A development schedule indicating the approximate date when construction of the PUD
is expected to begin and to be completed,and any applicable phasing of construction;
f.A statement of the applicant’s intentions with regard to future selling or leasing of all or
portions of the PUD,including land areas and dwelling units;
g.Estimated percentages of the PUD to be devoted to each type of land use,including any
subcategories of residential,commercial and institutional uses,open space,and
recreational areas;
h.A plan for the intended manner of permanent care and maintenance of open spaces,
recreational areas,common areas,and private streets and drives.
(2.)A site plan,which shall include the following items,either on the site plan or on an
accompanying document:
a.The name of the development;
b.The legal description of the property on which the PUD is to be developed;
c.Scale;
d.North arrow;
e.A vicinity map showing the parcel in relation to the surrounding property and a general
description of the surrounding area,including the current zoning and land uses of the
surrounding area;
f.A boundary survey prepared and certified by a surveyor who is licensed as a surveyor by
the state.The survey must show all streets which are adjacent to the parcel,all easements
and rights-of-way on the parcel and the location of any existing buildings or other
structures which shall be a part of the PUD;
g.Contours and elevations shown on a separate topographical survey;
h.The density of land use to be allocated to all parts of the PUD,together with tabulations
by acreage and percentage of the parcel to be occupied by each proposed use;
i.Proposed lot lines and dimensions;
j.Location,size,and character of proposed buildings and structures,including:
i.Identification of the base zoning district related to the contemplated use(s)of the
building.If any proposed building does not me meet the standards of the base
zoning district associated with it,provide a description of the specific standards
which are not met by the proposed building,a description of the deviations from
those standards,and the reasons why the deviations are necessary;
ii.Distribution of housing types;
iii.Number of units,stories,and maximum heights;
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.lrlicle V Section 1.
Special Districts HTD -Highway Transitional District
iv.Proposed floor areas of all units:
v.Elevations of buildings and structures indicating exterior materials:
vi.Location of accessory structures or accessory dwellings:
k.The location and size of all areas to be conveyed,dedicated or reserved as commonly
owned space,public parks,recreational areas and similar public or semi-public uses;
I.The location of utility easements;
m.The existing and proposed circulation system of streets,both public and private,
including:
i.Location and dimensions of streets,alleys,driveways,and points of access to
public rights-of-way;
ii.Notation of proposed ownership:
iii.Location,dimensions and capacities of parking areas;
iv.Service,loading and maneuvering areas:
v.Service yards,including,but not limited to,location of dumpsters;and
vi.Pedestrian circulation;
vii.Materials with which parking areas,driveways,streets,sidewalks,and trails will
be covered;
n.The locations,intensity,and height of exterior lights;
o.The locations of mechanical equipment and proposed screening;
p.Location of outside storage andlor display:
q.Proposed drive-through locations:
r.Landscape plan in accordance with the City’s Tree/Landscape Ordinance,including;
i.Location of existing trees,indicating which trees will be preservedlrernoved;
ii.Treatment of materials used for private and common open spaces;
iii.The proposed treatment of the perimeter of the PUD including materials and
techniques to be used;
s.The location,size,and character of any common open space.or any commonly owned
facilities,and the type of organization which will own and maintain any commonly
owned open space or facilities;
t.Location,materials,and elevation of any and all fences and/or walls:
u.Location and size of all signage;
v.Hours of operation of any nonresidential use:
w.Mitigation of noise,fumes,odors,vibration or airborne particles:
x.Drainage;
y.Access and location of utilities.
z.Any additional data,plans.or specifications which the applicant or the City believes is
pertinent.
5.Conditions Related to Approval
a.Preapplication conference.Before filing an application for a Planned Unit Development,the
prospective applicant shall schedule a preapplication conference with the Planning and Zoning
Director.At the preapplication conference the prospective applicant shall present to the Planning and
Zoning Director a proposed plan for review,and discuss pertinent development matters including,but
not limited to.the following:
b.Application.In addition to the general criteria for zoning map amendments,a map amendment to the
PUD district shall include a preliminary master development plan to be reviewed for compliance with
the goals and intent of the Comprehensive Plan,this ordinance,and the health,safety,and general
welfare of the people of the City.
I.)The required preliminary master development plan shall include those items described in Article
V,Section A.4.a (master development plan).The preliminary master development plan is
intended as a draft,which will be edited and improved based upon review of staff,Planning
Commission,and City Council prior to adoption as a final master development plan that may be
codified with the Ordinance that creates/amends a PUD.
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(2.)In addition to the general criteria for zoning map amendments,a map amendment to the PUD
district shall include review of the following conditions for compliance with the goals and intent
of the Comprehensive Plan and this ordinance.
i.Setbacks for building structures
ii.Public street access
iii.Vehicular traffic,circulation,connections,and parking
iv.Screening or buffer zones
v.Hours of operation
vi.Activities or uses permitted on the property
vii.Building or structure heights
viii.Landscaping
ix.Maximum lot coverage,impervious percentages
x.Pedestrian circulation
xi.Signs
xii.Mitigation of noise,fumes,odors,vibration or airborne particles
xiii.Exterior lighting
xiv.Exterior construction materials
6.Building Permit Compliance —No building permit for any structure shall be issued,nor shall a Certificate
of Occupancy be granted until the development plans are consistent with the site plan and development
regulations of the approved Planned Unit Development.All building permits must be consistent with the
Planned Unit Development and Master Development Plan.
7.Planned Unit Development Amendments —Changes or amendments to a Planned Unit Development
shall be processed in the same manner as the original request.Slight changes in the detail of the Planned
Unit Development that do not change the intent,meaning,relationship of structures to each other may be
approved by the Director of Planning and Zoning.
8.Failure to begin construction—Construction of the approved development must begin within one (1)year
from the date of the approval of the Master Development Plan by the City Council.Any approved changes
in the plan shall not extend the time at which said one-year period begins to run.The Planning Commission
may,no sooner than 60 days prior to the end of said one-year period,upon the written request of the
applicant,extend such one-year period for a period of not more than one year if,in the judgment of the
Planning Commission,such additional time is warranted.
In any event,the construction of the PUD must be started within two (2)years of the approval of the master
development plan by the city council.Failure to being the development of the PUD within said one-year
period,or the period as extended,shall automatically void the master development plan,and the zoning
classification shall automatically revert to the zoning classification of RA —Residential/Agriculture
District.
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.
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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 ofN.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 vest side of N.School Street from Equality Street to the south side of
Stimpson Avenue:the south side of Stirnpson 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 5,School Street:to a
point one parcel south of Morphy Avenue on the vest 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.
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(I)of this Article.Any
ftiture rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive
Plan and Article V.,Section B.l.of the Zoning Ordinance are achieved.
a.Rooftop Terraces shall be an allowed Accessory Use permitted on all lots zoned B-2.General Business
District located within the CBD.The following standards shall apply to all Rooftop Terraces:
(1)Except as pro\ided below in this Section.the height of all structures on or within a Rooftop
Terrace shall not exceed forty feet (40’).
(2)The outer boundary of a Rooftop Terrace shall be defined using a barrier meeting the City of
Fairhope Building Code.
(3)For Rooftop Terraces located atop three (3)story buildings the following standards apply:
a.For the purpose of the Zoning Ordinance and this Section,a Rooftop Terrace shall not be
considered a story.
b.Elevators and stairwells,providing access to Rooftop Terrace,may be allowed to exceed
forty feet (40’)by no more than five feet (5’)provided:such elevators and stairwells and
their associated mechanical equipment and enclosed areas shall not cover more than 7.5%
of the total square footage of the rooftop,shall not be viewable from sidewalks located in
public rights-of-way that abut the bLulding at the ground level,and shall be located a
minimum often feet (10’)from any lot line.
c.Structures,other than those used for elevators and stainvells,may be opened or enclosed,
but shall not cover more than 25%of the total square footage of the rooftop and shall be
located a minimum often feet (10’)from any lot line.
(4)Temporary structures,such as tents,awnings,and umbrellas,may be allowed on Rooftop Terraces
provided:(a)such structures shall be in use for less than 24 hours at a time,(b)such structures are
secured via anchor points integrated into the building and can withstand winds up to 60mph,(c)
and the anchor design shall be sealed by a structural Engineer.Any damage caused by these
structures are the responsibility of the property owner who shall sign a hold harmless agreement at
time of permitting.
b.Short-term rentals shall be allowed within the CBD.regardless of the underlying zoning district.
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.
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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 from 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.
f.A minimum of fifty percent (50)of the gross floor area on the ground floor of a mixed use building
in the CBD shall be dedicated to commercial uses.For thc purposes of this calculation,gross floor arca is
defined as the total floor area contained on the ground floor within a building measured to the external face
of external walls and shall include,but not be limitcd to,internal scrvicc areas,internal parking,internal
H1LCIIIUI common spaces.Retail and restaurants are encouraged on the ground floor adjacem—I
to public streets.
C.FH-1 Flood Hazard District
Intent —The Flood Hazard District is intended to secure life and property from peril and damage of natural
flood hazards,protect property values,and insure compliance with federal flood insurance eligibility
requirements.
2.Warning and Disclaimer of Liability —The degree of flood and erosion protection required by this
ordinance is considered reasonable for regulatory purposes and is based on scientific methods of study.
Larger floods may occur.This ordinance does not imply that areas outside the flood hazard district
boundaries or land uses permitted within these districts will be free from flooding or flood damages.This
ordinance shall not create liability on the part of the City or any City officer or employee for any flood
damages that result from reliance on this ordinance or for any administrative decision made under this
ordinance.
3.Location —The boundaries of the flood districts shall be determined by scaling distances on the official
zoning map and/or the Federal Insurance Rate Map (FIRM).Where interpretation is needed as to the exact
location of the boundaries of the district,the Board of Adjustments shall make the necessary interpretation.
The person contesting the location of the district boundary shall be given a reasonable opportunity to
present his case to the Board and to submit their own technical evidence if he so desires.
4.Permitted Uses in FH-1 —Provided the use is in accordance with the Flood Ordinance of the City of
Fairhope (Ordinance No.1165 and Article IV,Section 12-102 Municipal Code;Title 11,Ch.19,Sections
1-24;Chapter 45 Sections 1-11;Chapter 52 Section 1-84;Title 41,Chapter 9,Section 166 AlaCode)and
are not prohibited by any other ordinance or any underlying zoning district,permitted uses and standards
for this district follow:
a.Agricultural uses such as general farming,pasture grazing,outdoor plant nurseries,horticulture,
viticulture,forestry,sod farming and wild crop harvesting.
b.Industrial-commercial uses such as loading areas,parking areas,and airport landing strips.
c.Private and public recreational uses such as beaches,beach cabanas not suitable for use as
dwellings,boardwalks and steps to permit access,pavilions and other similar small platforms,
lifeguard stations,golf courses,tennis courts,driving ranges,archery ranges,picnic grounds,boat
launching ramps,swimming areas,parks,wildlife and nature preserves,game farms,fish hatcheries,
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shooting preserves,target ranges,trap and skeet ranges.hunting and fishing areas,hiking and
horseback riding trails,temporary structures for sale of food and refreshments,arts and crafts.
d.Structures shall be constructed on fill,pilings or raised by other means so that the first floor and
basement floor are elevated above the regulatory flood protection level.The fill shall be at a point no
lower than one (1)foot below the regulatory flood protection elevation for the particular area,as
determined by the agency specified in local,state or federal law to establish such elevations,and shall
extend at such elevation at least ten (10)feet beyond the limits of any structure or building erected
hereon.
e.No use shall affect the capacity of channels or floodways of any stream,drainage ditch,or any other
drainage facility or system.
D.R-6 Manufactured Home District
Intent—The intent of the standards for Manufactured Home Districts is to:
•Provide opportunities for affordable dwelling units;
•Allow construction of single-family housing that is an alternative to “stick-built”homes;
•Ensure design standards that result in neighborhoods equivalent to those enjoyed by other single-
family home developments:
•Ensure location and design standards compatible with community goals and surrounding property.
2.Site Requirements
a.The development shall meet the stormwater requirements of the subdivision regulations.
b.A manufactured home development shall be on a site between two and four acres.Manufactured home
developments may be larger than four (4)acres only where the special design requirements in Section
D.5.are met.
c.Where any boundary of a manufactured home development directly abuts a residential district or use,
an 8-foot fence or wall,or an evergreen barrier approved by the City Horticulturist shall be provided.
d.Each development shall provide manufactured home spaces,and each space shall be clearly delineated.
Each space shall have an area of not less than 3,200 square feet and a width of not less than 30 feet.
The average width of all spaces shall be not less than 40 feet.Spaces may be platted as individual lots
provided the Special Design Requirements in Section D.5.are met.
e.There shall be at least a 20-foot clearance between manufactured homes and between manufactured
homes and any other structure.
f.All manufactured home spaces shall abut upon a driveway not less than twenty (20)feet in width,
which shall have unobstructed access to a public street,alley or highway.
g.Walkways not less than two feet wide shall be provided from the manufactured home spaces to the
service buildings.
h.All driveways and walkways within the park shall be hard surfaced and lighted at night with electric
lamps of not less than 250 watts each,spaced at intervals of not more than 100 feet.
i.An electrical outlets supplying at least 100-1 15/220/250 volts,100 amperes shall be provided for each
mobile home space.
3.License —It shall be unlawftil for any person to maintain or operate a manufactured home park within the
corporate limits of the City of Fairhope,Alabama,without first obtaining a license.
a.License Fees and Temporary Permit Fees:
(1)The annual license fee for each manufactured home park shall be set by the city council.
(2)The fee for transfer of a license shall be five dollars.
b.Application for License:
(1)Application for initial manufactured home development license shall be filed with the Director of
Planning and Building.The application shall be in writing,signed by the applicant and shall
include the following:
(a)The name and address of the applicant;
(b)The location and legal description of the manufactured home park;
(c)A complete plan of the development in conformity with the requirements of this section;
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(d)Plans and specifications of all buildings,improvements and facilities constructed or to be
constructed within the manufactured home development;
(e)Other information required by the planning commission to enable it to determine if the
proposed development will comply with legal requirements.
(f)The application and all accompanying plans and specifications shall be filed in triplicate.
(2)Upon application in writing by a licensee for renewal of a license and upon payment of the annual
license fee,the city shall issue a certificate renewing the license for another year.
c.Revocation of License:The City of Fairhope,Alabama,may revoke any license to maintain and
operate a manufactured home development when the licensee has been found guilty by a court of
competent jurisdiction of violating any provision of this ordinance.After the correction of such
condition and the payment of the penalties imposed by law and assurance given to the city council that
such condition will not be repeated,the city council may issue a new license.
d.Posting and Temporary Permit:The license certificate or temporary permit shall be conspicuously
posted in the office of or on the premises of the manufactured home development at all times.
4.Utilities,Public Services and Safety
a.Water Supply:Adequate supply of pure water for drinking and domestic purposes shall be supplied by
pipes to all buildings and manufactured home spaces within the park.Each manufactured home space
shall be provided with a cold-water tap at least four (4)inches above the ground.
b.Sewage and Refuse Disposal:
(1)Each manufactured home space shall be provided with a sewer line at least four (4)inches in
diameter,which shall be connected to receive all the wastewater.The sewer in each space shall be
connected to discharge the manufactured home waste into a public sewer system in compliance
with applicable ordinance or septic tank systems for each lot meeting all applicable design
standards to prevent health hazards.
(2)Metal garbage cans with tight-fitting covers shall be provided in quantities adequate to permit
disposal of all garbage and rubbish.No manufactured home space shall be more than 300 feet
from a garbage can.The cans shall be kept in sanitary condition at all times.Garbage and rubbish
shall be collected and disposed of as frequently as may be necessary to insure that the garbage
cans shall not overflow.
c.Fire Protection:Fire protection shall be required to meet all regulations and conditions of other City
codes and of the Fairhope Volunteer Fire Department.
d.Supervision:The licensee,or a duly authorized attendant,caretaker or association,shall be in charge at
all times to keep the manufactured home development,its facilities and equipment in a clean,orderly
and sanitary condition.The attendant or caretaker shall be answerable,with the licensee,for the
violation of any provision of this ordinance to which the licensee is subject.
5.Special Design Requirements —Spaces in a manufactured home development may be platted as individual
lots or may exceed four (4)acres provided all of the following additional special design requirements are
met:
a.The overall development is greater than five (5)acres.
b.At least 15%of the project area is preserved as public or common open space.Open space shall be
centrally located to the entire development and designed for community gathering.
c.An association is established for on-going maintenance of the grounds.
d.All dwelling units shall be oriented to a public street,including a front door or porch with a four-foot
wide sidewalk connecting to the public sidewalk.
e.All dwelling units on a single street shall have the same setback from the public right-of-way.The
front setback shall be between 20 and 30 feet.Side setbacks shall be a minimum of eight feet.Rear
setbacks shall be a minimum of 20 feet.
f.Vehicle access to individual lots shall be by a rear lane.Parking spaces,carports,or garages shall be
located behind the dwelling units.
g.No dwelling unit shall be more than two times longer in one dimension than it is any other dimension.
h.All dwelling units shall have a roof pitch of at least 4:12 and eaves that overhang the exterior walls by
a minimum of one foot.
i.The overall gross density for the project,including open areas,shall not be greater than six units per
acre.
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j.All dwelling units shall have individually metered utility connections to public facilities for sanitary
sewer and \ater.
E.AO —Airport Overlay
I.Intent and Authority —The Airport overlay promotes the health,safety,and general welfare of the public
by preventing the creation and establishment of land uses incompatible with the operations of the Fairhope
Municipal Airport and requiring the incorporation of outdoor-to-indoor noise attenuation measures for the
construction of certain structures within the boundary of the Airport Overlay District Zone.The Airport
Overlay is enacted pursuant to the authority granted by Title 4,Chapter 6,Section 1 through 15,Code of
Alabama,1975.
2.Findings —The City finds that certain land uses are incompatible with noise generated by aircraft using the
Fairhope Municipal Airport and that these land uses have the potential to impair the existing and future utility of
the Fairhope Municipal Airport and the public investment in the Airport.Accordingly,it is declared:
a.That the establishment and construction of noise sensitive developments in the vicinity of the airport
have the potential of limiting the existing and future utility of the airport and may adversely affect the
region served by the Fairhope Municipal Airport;
b.That noise sensitive developments in the vicinity of the airport have the potential to become land uses
incompatible with airport operations over time and it is necessary in the interest of the public health,
public safety,and general welfare that the creation or establishment of incompatible land uses be
prevented.
c.The prevention of the creation or establishment of incompatible land uses,and the elimination,
removal,alteration,and mitigation of incompatible land uses are public purposes.
d.That land in the vicinity of the airport has the potential of being exposed to sound levels of 65 Ldn
(Day Night Average Sound Level)and higher.
e.That the construction of certain noise sensitive developments in the vicinity of the airport should
include outdoor-to-indoor noise attenuation features to ensure compatibility with existing and future
noise levels.
f.That the Fairhope Municipal Airport fulfills an essential community purpose.
g.The Aiiport overlay promotes the implementation of modest measures that will prevent conflicts
between future residential homeowners and the airport that could require expensive retroactive noise
insulation programs,residential relocation programs,and restrictions on the efficient operation of the
Fairhope Municipal Airport.
3.Applicability —The Airport overlay is applicable to all lands lying within the Airport Overlay District
Zone,which is delineated on the Fairhope Municipal Airport Overlay Zoning Map adopted as part of the
Airport Oerlay District Zoning Ordinance of the City of Fairhope,Alabama.
4.Noise Requirements -Except as otherwise provided in this Ordinance,noise sensitive structures shall
incorporate outdoor-to-indoor noise level reduction measures into the design and/or construction of the
structure.
a.Noise Attenuation Performance Standards The performance standard for the level of sound
attenuation for noise sensitive structures constructed in the Airport Overlay District Zone shall be
equivalent to achieving an interior noise level of 45 dB (A-weighted)when the structure is exposed to
an outdoor noise exposure level of 65 Ldn or higher.
b.Noise Attenuation Methods —Noise reduction may be accomplished through design standards
and/or construction materials.Noise attenuation design measures and materials are referenced in the
City Standard Building Code of the City of Fairhope,as amended.In all cases,construction shall
conform with the general requirements of the City Standard Building Code of the City of Fairhope as
amended.
c.Noise Attenuation in Noise Sensitive Commercial Structures —Only those portions of commercial
structures associated with noise sensitive activities must Incorporate noise level reduction measures
sufficient to achieve an interior noise level of 45 dB (A-weighted)when the structure is exposed to an
outdoor noise exposure level of 65 Ldn or higher.
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d.Architect or Engineer Review —An architect or engineer shall review the plans to determine if the
building design complies substantially with the intent of the ordinance.
e.Aviation Easement —The owner applying for approval to construct a noise sensitive structure or
residential subdivision within the area under the Runway Approach Surfaces located within the Airport
Noise Overlay District shall agree to grant to the Fairhope Airport Authority,without compensation,an
aviation easement for the passage of aircraft and the right to cause in all airspace above the surface of
the Grantor’s property noise and other effects that may be caused by aircraft operating at the Fairhope
Municipal Airport.
5.Use Restriction —Notwithstanding any other provisions of the Ordinance,no use shall be made of
structures,land,or water within the Airport Overlay District Zone to:
a.create physical or electrical interference with navigational signals or radio communication between the
airport and aircraft;
b.make it difficult for pilots to distinguish between airport lights and others,or result in glare in the eyes
of pilots using the airport;
c.create bird strike hazards;or
d.otherwise endanger or interfere in any way with the landing,take off,or maneuvering of aircraft
intending to use the airport.
6.Nonconforming uses
a.Regulations iVot Retroactive:The Airport Overlay shall not require the removal,soundproofing,or
other change or alteration of any noise sensitive structure not conforming to the regulations as of the
effective date of this Ordinance,or otherwise interfere with continuance of a nonconforming use.
b.Building Additions:A non-conforming noise sensitive structure existing at the time this Ordinance is
enacted may be extended or enlarged,provided the extension or enlargement to the structure meets the
requirements of this Ordinance.
c.Nonconforming Uses Abandoned or Destroyed:Whenever the Director of Planning and Zoning
determines that a nonconforming noise sensitive structure has been abandoned,or more than 50
percent destroyed,physically deteriorated,or decayed (based on assessed value),the rebuilding or
repair of the structure shall comply with the requirements of this Ordinance.
7.Permits
a.Building Permit Required:No noise sensitive structure shall be constructed in the Airport Overlay
District unless a permit has been applied for and granted by the Building Department.Each
application for a permit shall indicate the purpose for which the permit is desired,with sufficient
particularity to determine whether the resulting structure would conform to these regulations.
b.Variances:An application for a variance in the Airport Overlay shall first be submitted to the Airport
Authority.If the Airport Authority does not respond to the application within 15 days after receipt,the
applicant may file an appeal with Board of Adjustments and Appeals.The Board of Adjustment and
Appeals may act on its own to grant or deny the application
c.Permit Application Requirements:An application for a permit shall be accompanied by a plat or plan
showing the location of the lot to be built upon and the location of the proposed structure;a
certification from a registered architect,engineer,or acoustician that the plans for the structure include
noise attenuation measures adequate to meet the requirements of this Ordinance;together with such
other information as the Planning and Zoning Department may deem necessary to enforce properly the
provisions of this Ordinance.
F.P-i —Parking District
Intent —The Parking District designates one or more lots,parcels,tracts,or sites to be used exclusively
for the parking of vehicles,either outdoors or indoors.Lands in the P-1 District shall not be used for the
construction of any building or structure other than as specifically permitted herein.
2.Uses —Parking lots are the only use allowed in the P-i Parking District.Parking garages may be
permitted on appeal in the P-i District,where the Board has determined the use to be compatible with
other uses existing in the neighborhood.Lands occupied by buildings or structures shall not be designated
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P-I while such buildings or structures exist.No parking garage shall exceed two (2)stories or thirty-feet
(30’)in height except upon approval of the planning commission.
3.Lot Area.Width and Maximum Coverage —None specified,except that all lots in the P-l district shall
comply with the intent and requirements regarding parking size,dimension,landscape.and site design
standards of other zoning districts.
G.TR —Tourism Resort District
Intent It is the purpose of this Article in creating a Tourism-Resort District (“TR District”)to:
•provide for large acreage under unified control to be planned and developed as a whole;
•encourage the growth of resort-oriented residential and mixed-use properties around resort
properties;
•provide places for resort-type amenities coupled with proximately located hotel,residential
and commercial uses;
•promote a sustainable future,and encourage and develop connections between environmental
quality and economic vitality:
•provide for a mix of residential types that are designed to form a compact,compatible and
stable neighborhood directed toward resort and tourism trade:
•support the development of a comprehensive pedestrian network with linkages to and between
residential and resort areas:
•promote increased privacy by permitting private roadways within the TR District property;
•promote the preservation and enhancement of existing natural landscape features and their
scenic qualities:
•create a zoning classification which allows flexibility and creative development concepts that
would not be possible through conventional zoning regulations and allow for certain
modifications and exemptions from existing subdivision and other regulations:
•provide places for social interaction and recreation;
•provide general merchandising convenience destinations for both residents and tourists:and
•create development opportunities which encourage multiple use of recreational and other
resort-type amenities by hotel guests as well as residents within the TR District.
2.Size Requirements A TR District must initially contain at least 175 contiguous acres.
3.Location Requirements —At the time any real property is submitted for zoning as part of a TR District zoning
classification,the following existing resort amenities must be situated within the real property being subjected
to the TR District zoning classification or within two (2)miles of the real property being submitted to the TR
District zoning classification:
•An existing full-service hotel (ic.,a hotel providing hotel room accommodations,on-site
dining (with on-site kitchen),conference facilities and swimming pool)containing a
minimum of 300 hotel rooms:
•at least one (1)18-hole championship golf course with related facilities (driving range and
other golf practice areas),a clubhouse (which shall provide food services and contain an on-
site kitchen).swimming poo1 and tennis courts (which uses and facilities may be provided in
the form of a private or semi-private club or pursuant to use agreements which require the
approval of membership privileges and the payment of a membership fee and monthly dues
and charges):and
•a marina.
The resort property containing the foregoing required resort attributes need not be located within the municipal
limits of the City or otherwise subjected to the TR District zoning classification,The owner of the real property
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upon which such resort facilities described above are situated shall have the right (but not the obligation),in its
discretion,to cause any of its property to be annexed into the municipal limits of the City at any time and to
cause all or any portion of its property to be zoned as part of the TR District.
4.Residential Density Limitations -The overall gross density for all residential areas within a TR District shall
be no greater than 3.5 units per gross acre within all of the acreage comprising the TR District.
5.Open Space Requirements -All TR Districts shall provide at least 20%open space and\or green space,as
herein defined.As used herein,open space and/or green space may consist of any real property which is (a)
part of a natural area,including tree and other preserves,lakes,beaches,walkways,walking trails,pedestrian
ways,walkways,walking paths,creeks and other waterways,including wetland areas and ponds,and water
areas which serve as retention,detention or similar holding basins and (b)any real property usable for active or
passive recreational purposes,including,without limitation,play grounds,swim and tennis facilities,green or
open areas,parks,golf course amenities such as golf course,fairways,greens,bunkers,driving ranges and other
practice facilities but shall include any rights-of-way.
6.Uses and Development Zones —
a.Uses Allowed and Development Zones.
(1)Uses Allowed --Uses allowed within the TR District may include any and all of the following:
(I)Single-family attached and detached dwellings;
(ii)Multi-family residential dwelling units,senior living facilities,low-rise,mid-rise
and a limited number of high-rise residential buildings (including
condominiums);
(iii)Hotels,conference facilities,restaurants,bars,swimming pools,tennis courts,
golf courses,club houses,country clubs and related amenities and facilities;
(iv)Specific office,retail and limited commercial uses as well as any of the
foregoing uses which are combined with residential uses in the same building so
long as the residential uses are located on the second and higher floors of such
building;and
(v)Nature and recreational areas and facilities.
(2)Development Zones --The following described development zones (collectively,the
“Development Zones”)are permitted within a TR District:(a)Recreation Zone;(b)Low-Rise
Residential Zone,(c)Limited Commercial Zone,(d)Mid-Rise Residential Zone,(e)High-Rise
Residential Zone and (f)Resort Zone.The Development Zones within a TR District (I)shall be
established on the zoning map for such TR District,(ii)may be used only for the uses set forth
below applicable to each Development Zone and (iii)shall be subject to the dimensional and other
standards and requirements established below for each Development Zone.
b.Recreation Zone.The following restrictions and limitations shall apply to all areas designated as a
“Recreation Zone”on the zoning map for the TR District:
(1)Permitted Uses —Golf courses,golf driving ranges and golf practice facilities;tennis courts and
related facilities;lakes,docks,boat launches,fishing and swimming piers and similar structures;
pools,spas,swimming areas and related facilities;playgrounds;amphitheaters,performance and
other social gathering venues and facilities;clubhouses,bathhouses,changing facilities,
clubhouse-related restaurants and lounges,retail pro-shops and rental service facilities;fitness
facilities,conference facilities,educational facilities,and maintenance and service facilities for
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any of the foregoing uses:similar uses and facilities related to the foregoing:natural areas,parks,
playgrounds,picnic areas and shelters,trails,boardwalks.paths.walkways and pathways.
landscaping,drainage,soil conservation,wetlands,creeks,waterway and other water areas,and
conservation areas.
(2)Dimensional Standards —
(if Height.Building Height not to exceed 45 feet.
(ii)Build-To Lines.20 foot front;15 foot rear and 5 foot sides.
(iii)Minimum Lot Size.None.
(iv)Parking.One parking space for each 500 square feet of gross heated and cooled floor
area of any building.
c.Low-Rise Residential Zone.The following restrictions and limitations shall apply to all areas
designated as a “Low-Rise Residential Zone”on the zoning map for the TR District:
(I)Pe,’initted Uses —Attached and detached dwelling units (which includes,without limitation,
cluster homes,patio homes,duplexes,multi-family units,apartments,condominiums,townhouses,
and zero-lot line homes):accessory structures such as attached and detached garages with garage
apartments (garage apartments will not count as a separate dwelling unit),swimming pools,tennis
courts,tennis and pool equipment and maintenance facilities;congregated attached or detached
dwellings requiring specialized services to be provided,including,but not limited to,independent
senior housing,assisted senior housing and Alzheimer care facilities and nursing home facilities
(“Senior-Oriented Communities”);associated services relating to Senior-Oriented Communities.
including,but not limited to,health-care and medical facilities,laundry,dining and food
preparation facilities,wellness and recreational facilities,retail and office facilities,storage and
maintenance facilities and other uses and facilities commonly found in Senior-Oriented
Communities;and any of the Perniitted Uses allowed in the Recreation Zone.
(2)Dimensional Standards —
(1,1 Height.Building Height not to exceed 35 feet.
(ii)Build-To Lines.
a.Detached Dwellings:5-foot front;5-foot rear and 0-foot sides:provided,
that (x)each lot shall have at least one (I)side property line which is at
least 12 feet from the dwelling on the adjoining lot and (y)if access to a
dwelling is provided via a lane or alley.there is no minimum rear build-to
line for any garage constructed at the rear of a dwelling.
b.Attached Dwellings:5-foot front:5-foot rear and 0-foot sides;provided.
that (x)there must be a minimum distance of 12 feet between buildings and
(y)if access to a dwelling is provided via a lane or alley,there is no
minimum rear build-to line for any garage constructed at the rear of a
dwelling.
(iii)Minimum Lot Size.2,100 square feet.
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(iv)Parking.All uses other than Senior-Oriented Communities,two (2)spaces per
dwelling unit;Senior-Oriented Communities,one (I)space per dwelling unit.
d.Mid-Rise Residential Zone.The following restrictions and limitations shall apply to all areas
designated as a “Mid-Rise Residential Zone”on the zoning map for the TR District:
(1)Per,nitted Uses —Multi-family units,apartments,condominiums,townhouses;Senior-Oriented
Communities;associated services relating to Senior-Oriented Communities,including,but not
limited to,health-care and medical facilities,laundry,dining and food preparation facilities,
wellness and recreational facilities,retail and office facilities,storage and maintenance facilities
and other uses and facilities commonly found in Senior-Oriented Communities;and any of the
Permitted Uses allowed in the Low-Rise Residential Zone and the Recreation Zone.
(2)Dimensional Standards —
(I)Height.Building Height not to exceed 55 feet;provided,however,that (1)if the
Building Height of any buildings within the Mid-Rise Residential Zone may
exceed 35 feet,then the Application for TR District zoning shall set forth the
maximum number of dwelling units which may be developed within the Mid-
Rise Residential Zone in buildings which exceed 35 feet in Building Height.
(ii)Build-To Lines.20 foot front;15 foot rear and 0 foot sides;provided that (x)
there must be a minimum distance of 20 feet between buildings and (y)if access
to a dwelling is provided via a lane or alley,there is no minimum rear build-to
line for any garage constructed at the rear of a dwelling.
(iii)Minimum Lot Size.None.
(iv)Parking.All uses other than Senior-Oriented Comniunities,two (2)spaces per
dwelling unit;Senior-Oriented Communities,one (1)space per dwelling unit.
e.Limited Commercial Zone.The following restrictions and limitations shall apply to all areas
designated as “Limited Commercial Zone”on the zoning map for the TR District:
(1)Permitted Uses —Those retail,office and other uses which are set forth as permitted uses in Table
3.1 (Use Table)of the Zoning Ordinance in effect as of January 1,2010 for all B-I,B-2,B-3a,B
3b and B-4 zoning districts;home occupations and convenience stores with gasoline service;
attached single-family residential uses located above retail or office uses;and all Permitted Uses
allowed in the Low-Rise Residential Zone and the Recreation Zone.
(2)Dimensional Standards —
(i)Height.Building Height not to exceed 45 feet.
(ii)Build-To Lines.15 foot front;10 foot rear and 0 foot sides;provided that there
is a minimum distance of 10 feet between buildings.
(iii)Minimum Lot Size.None.
(iv)Parking.Two (2)parking spaces for each 1,000 square feet of gross heated and
cooled retail and office floor area of any office or retail building;and two (2)
parking spaces for each single-family dwelling unit.
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(3).1/aximum DensTh No more than 108,000 gross square feet of non-residential floor area shall be
allowed within all Limited Commercial Zones of the applicable TR District.
f.High-Rise Residential Zone.The following restrictions and limitations shall apply to all areas
designated as “High-Rise Residential Zone”on the zoning map for the TR District:
I)Per,nitted Lses A limited number of high-rise multi-story residential attached dwelling units;
any of the Permitted Uses allowed in the Mid-Rise Residential Zone,the Low-Rise Residential
Zone and the Recreation Zone.
(2)Dimensional Standards —
(I)Height.Building Height not to exceed 100 feet;provided,however,that (I)not
more than two (2)buildings total may be constructed at heights higher than 55
feet and (2)the Application for TR District zoning shall set forth the maximum
number of dwelling units which may be developed within the High-Rise
Residential Zone in buildings which exceed 55 feet in Building Height.
(ii)Build-To Lines.20 foot front;15 foot rear and 0 foot sides;provided,that there
is a minimum distance of 20 feet between buildings.
(iii,l Minimum Lot Size.None.
(li)Parking.Two parking spaces for each dwelling unit.
g.Resort Zone.The following restrictions and limitations shall apply to all areas designated as “Resort
Zone”on the zoning map for the TR District:
(1)Permitted Uses --Full-service hotels;conference facilities;spas,swimming pools,tennis courts
and other outdoor recreational areas and uses;marinas;accessory structures and accessory uses
normally found in a hospitality development,including,without limitation,food services,gift and
novelty shops,barber and beauty shops provided primarily for the convenience of visitors or
patrons of the premises and contained within a principal principle building,maintenance facilities
(including laundry and other maintenance facilities);restaurants,nightclubs,bars,taverns,day
spas;and any of the Permitted Uses allowed in the Limited Commercial Zone (subject to the
requirements of Paragraph e(3)of Section 6 of this Article),the Mid-Rise Residential Zone,the
Low-Rise Residential Zone and the Recreation Zone.
(2)Dimensional Standards —
(i)Height.Building Height not to exceed 55 feet.
(ii)Build-To Lines.15 foot front;10 foot rear and 0 foot sides;provided,that there
is a minimum distance of 10 feet between buildings.
(iii)Minimum Lot Size.None.
(iv)Parking.One (1)parking space for each hotel room.
h.Additional Provisions.
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(1)The term “Building Height”as used herein shall mean the vertical distance measured from the
average elevation of the proposed finished grade at the front of the building to the highest point of
the main roof structure of the building (but specifically excluding all other projections or
articulations from such roof or building).
(2)Access to adjoining properties is not required.
(3)Build-To Lines are measured from the property lines of a lot and allow buildings and structures to
be built up to the Build-To Lines.Build-To Lines only apply to buildings/structures with covered
roof.Canopies and awnings and second story porches,decks and balconies may overhang any of
the Build-To Lines by up to 24 inches;provided,however,that in no event shall any such items
overhang actual lotlproperty lines.
(4)If any uses within a Development Zone will utilize permitted uses from another Development
Zone (i.e.,if within the Limited Commercial Zone,uses will include single-family uses allowed
within the Low-Rise Residential Zone),then the dimensional standards for the other Development
Zone (i.e.,the Low-Rise Residential Zone)will be applicable to such use.
7.Private Streets and Adjacent Property Connectivity -An applicant may request that all or any portion of
the streets and roadways within the TR District property be private streets.Such request shall be set forth
in the Application for TR District zoning.Any request for private streets within any portion of a TR
District must be approved by the City.No access to and from the TR District property and any adjoining
property shall be required.
8.Modification of Subdivision and Other Regulations of City -The TR District zoning classification is
intended to encourage the development of land as part of a planned community,encourage flexible and
creative development concepts of site planning,preserve the natural amenities on the land by encouraging
scenic and functional open space,accomplish a more desirable environment than would be possible through
the strict application of zoning and subdivision regulations,and provide a stable environmental character
compatible with surround areas.Accordingly,the Application may propose provisions which alter,amend
or otherwise exempt the TR District property or portions thereof from certain provisions of the City’s
Subdivision Regulations and other regulations.
9.Application Requirements for TR District Zoning —In lieu of any other provisions of the Zoning
Ordinance,in order to request the zoning of property to a TR District classification,an applicant shall
submit an application (the “Application”)for TR District zoning to the City,which Application shall
include the following:
a.Legal Description.A legal description of the property for which TR District zoning is requested.
b.Zonint Map.A zoning map which shall reflect the general areas of proposed development by
Development Zone (established pursuant to Section 6(b)above).Proposed or existing major roads,if
known,within the subject property shall be reflected on the zoning map as well as any major arterial
roads lying adjacent to the property.The zoning map need not reflect individual lots or blocks or
streets to be developed within the Development Zones of the TR District property.
c.Maximum Residential Density.The maximum number of residential dwelling units (density)
allowed within the proposed TR District.
d.Maximum Density Allowed in Limited Commercial Zone.The maximum gross square footage of
non-residential floor area allowed within the Limited Commercial Zones of the proposed TR District.
e.Open Space or Green Space Requirements.The open space or green space requirements which
shall apply to the entire TR District Property as a whole (expressed as a percentage of the total acreage
within the proposed TR District property).
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f.Quantitative Data Regarding Size of Each Development Zone.Quantitative data indicating the
approximate acreage within each Development Zone within the proposed TR District property.
g.Private Streets.If private streets will be utilized,a general description of which streets will be private
and whether any gates or other limited access devices will be utilized for such private streets.The
Application should also specify who will be responsible for maintaining all private roads or streets
within the proposed TR District property.If private streets will be utilized,access easements over such
private streets will be granted for public emergency vehicles (i.e.,police,fire and ambulance),utility
vehicles (for maintenance and repair and meter reading,etc.),garbage collection vehicles and all other
governmental vehicles and employees in connection with the performance of their required
governmental services.
h.General Description of Restrictive Covenants.A general description of any proposed restrictive
covenants to be placed upon the TR District property.
i.Permitted Uses and Dimensional Standards for Development Zones.Any permitted uses and
dimensional standards for any Development Zone which are different from those set forth herein.
j.Request for Exemptions.Any requests for an exemption from the provisions and requirements of the
City’s Subdivision Regulations or any other ordinances or regulations of the City.
k.Storm Water Management Plan.A storm water management plan for all of the property within such
TR District,which storm water management plan shall be implemented by the applicant in the manner
and in accordance with the requirements set forth in said storm water management plan.The storm
water management plan shall comply in all respects with the City’s storm water management
regulations as set forth in the City’s Zoning Ordinance and Subdivision Regulations,subject to any
exemptions or modifications thereto set forth in the City-approved Application or the storm water
management plan attached to said Application.In addition,such storm water management plan must
satisfy all state and federal regulations and requirements.
I.Traffic Study.A traffic study for the property within the TR District,which traffic study and the
recommendations and requirements set forth therein shall be implemented by the applicant in the
manner and in accordance with the time table set forth in said traffic study.
m.Miscellaneous Matters,The Application shall contain such other terms and provisions as agreed to
by the developer and the City.
n.Review and Approval of Application.Following submission of the Application to the City,the
Application shall be subject to review and approval by the City in accordance with the terms and
provisions of Section C(l)of Article II of the Zoning Ordinance.To the extent set forth as an
exemption or exception in the Application approved by the City,the provisions of the Application shall
supersede anything to the contrary set forth in the City’s Zoning Ordinance,Subdivision Regulations
and any other ordinances or regulations of the City.
10.Additions to TR District —Additional properties may be added to any TR District at any time and from
time to time by filing an amendment to the original Application.Such amendment shall speci1’the
Development Zones within the additional property being added to the TR District.The addition of
additional property to a TR District must be approved in the manner set forth in Article TI of the Zoning
Ordinance.To the extent any additional properties are added to any TR District,the City may require
different development criteria including,without limitation,the requirement that roads and streets be
public,from those set forth in the original Application for the TR District previously approved by the City.
11.Amendments Changes or amendments to any Application for TR District zoning shall be processed in
the same manner as the original request;however,the following changes to an Application may be made
with the approval of the Director of Planning and Building for the City or any other individual employee of
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the City designated by the City’s Planning and Building Director to act on his or her behalf:(a)any
Development Zone may be shifted,enlarged or reduced by not more than 200 feet in any direction and (b)
slight changes may be made in the detail of the Application for TR District zoning that do not change the
intent,meaning,dimensional standards and other major aspects of the Application for TR District zoning
may be approved by the Director of Planning and Building.
12.Other Regulations Not Applicable —It is the intent that the Application for TR District zoning set forth
development criteria applicable to the property and that flexibility be allowed in the construction of
improvements thereon.Accordingly,except as set forth in the Application and in this TR District zoning
classification,no other provisions of the Zoning Ordinance shall be applicable to the property which is
zoned as a TR District.
13.Building Permits—The developer of the TR District shall proceed with the development of the property in
accordance with the Application and no further approvals shall be required except as set forth herein.Upon
application for a building permit for the construction of improvements on any parcel within the TR District,
if the City’s Planning and Building Director or any other individual employee of the City designated by the
City’s Planning and Building Director to act on his or her behalf shall determine that the intended use of
the improvements is a “Permitted Use”(as defined in this TR District zoning classification)and satisfies
the dimensional standards within the applicable Development Zone of such TR District as set forth in the
approved Application for such TR District,then a building permit shall be issued for such improvements.
14.Changes to Ordinance —Following the City’s approval of an Application for TR District zoning,no
subsequently adopted amendments to or modifications of the Zoning Ordinance (including subsequent
modifications to this TR District zoning classification),no amendments to or modifications of the City’s
Subdivision Regulations and no other ordinances adopted by the City which alter,change,modify or amend
any of the matters set forth in this Ordinance or which are set forth in the approved Application for TR
District zoning shall be effective with respect to the real property described in such approved Application
for TR District zoning.
15.Utilities —All utility lines within a TR District shall be located underground.
16.Signage —All signage within the TR District shall comply with the City’s signage regulations set forth in
the Zoning Ordinance in effect as of January 1,2010.
H.MO-Medical Overlay District
1.Intent —The intent of the Medical Overlay (MO)District is to establish and provide for the logical expansion
of medical office needs to accommodate the growing community and region.Medical uses vary in need and
impacts on the community.The MO District is also intended to establish and accommodate highly-
specialized,unique uses and development types related to the medical field and to accommodate additional
specialized needs and growth of the medical field and community.It is the express intent of this MO district
surrounding the existing medical center to be as generous as possible in permitted uses while at the same time
maintaining a clean,attractive community that provides an extension of the medical office needs for medical
practices and appropriate facilities for the medical community it serves.Property located within the MO
District is permitted the use allowed by right of the underlying zoning district.The provisions relating to
nonconformities in Article VII of the Zoning Ordinance shall apply to all properties within this MO District.
2.Location —By virtue of its location to an existing medical center (Thomas Hospital),it is intended that this
district be allowed for future expansion to the following boundaries:North to parcels abutting the south side
of Morphy Avenue,South to those parcels that are in the City of Fairhope abutting the north side of Greeno
Lane,East to parcels abutting the west side of Greeno Road,and West to parcels abutting the east side of
South Ingleside Street.
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3.District Classification The following overlay district is hereby established:Medical Overlay District-MO.
Uses and standards allowed in this district shall be as follows:
A.Permitted Uses:The following uses and structures are permitted in this district:
(I)Medical offices
(2)Hospitals and nursing homes
(3)Medical and dental clinics
(4)Laboratories for medical and dental uses
(5)Funeral homes
(6)Animal hospitals,provided the boarding of animals occurs in completely enclosed buildings
(7)Child and adult day care facilities and group home facilities
(8)Adult congregate living facilities
(9)Helistop in conjunction with hospitals
(10)Emergency services
(11)Parking structures
(12)Colleges and universities(l3)Vocational,trade or business schools with all associated uses including
dormitory facilities related to the medical field
(14)Essential services
(15)Hospital related out-patient services (Ambulatory Surgery and Diagnostic Clinics)
(16)Independent Living Facilities
(I 7)Bed and Breakfast Facilities to accommodate families of patients
(18)Retail business which sell,lease and repair prosthetic or ambulatory devices used for patient
rehabilitation,mobility or installation/modification of handicap unique support aids
(19)Places of Worship
(20)Mixed—Use Buildings use with residential The residential use shall maLe up at least 33%of the total
area of thc hwldm and be located on the upper floors only.
B.Permitted Accessory Uses and Structures.
(I)Uses and structures which are customarily incidental and subordinate to permitted uses
(2)Such other uses as determined by the Zoning Official or his/her designee to be:
a.Appropriate by reasonable implication and intent of the district
b.Similar to another use either explicitly permitted in that district or allowed by special exception.
C.Uses Permitted Subject to Appeal and with Conditions.
(1)Commercial communication towers
(2)Detoxification centers and substance abuse centers associated primarily with the primary medical
facility
(3)Retail,restaurant,personal services,branch banks,offices,conference facilities,clinics and similar
workplace support uses when within any individual structure,gross floor area shall be limited to 10
percent of the total gross floor area
(4)Crematorium
D.Prohibited Uses and Structures.
(1)Any use or structure not specially.provisionally or by reasonable implication permitted herein.
(2)Automotive repair garages,pool halls and game rooms
(3)Gasoline or diesel filling stations shall not be located within 100 feet from in-patient care or treatment
facilities
E.General Requirements.
Buildings shall comply with the following provisions:
(I)Buildings shall comply with all applicable Site Design Standards in Article IV of the Zoning Ordinance
and all other applicable City regulations and review standards not specified in this section.
(2)Mixed use huildins shall be vertically mixed in use.Retail uses ;hall be placed at street level.
F.Special Exceptions.
(1)Research and development
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(2)Hotel
(3)Crematoria
(4)And any such other uses as deemed appropriate in the district by the Board of Adjustment Planning
Commission.The Board of Adjustment Planning Commission shall review a proposed use at the time
the special exception application is presented to the Board of Adjustment Planning Commission
according to the submittal deadlines and meeting dates established by the Board of Adjustment Planning
Commission.
G.Development Standards.
(1)The B-4 (Business and Professional District)development standards and area and dimensional
requirements shall apply in this district:
(2)[Reserved]Any residential,hotel,dormitory,nursing home or convalescent use shall not exceed the
density established for the R 5 (High Density Multi Family Residential District)at a minimum lot area
of 10,500 square feet for two dwelling units plus 4,100 square feet for each additional unit /10 units per
acre maximum.
(3)No building or portion of a building visible from a public street or right of way shall be exposed metal.
A façade of some type or material shall be used to visually screen the metal from the public street or
right of way.
(4)The existing medical center (Thomas Hospital)contains buildings that may not conform to the area and
dimensional requirements of B-4 (Business and Professional District).New Buildings or expansions to
the existing medical center (Thomas Hospital)providing 24 hour medical,psychiatric,obstetrical,or
surgical care shall be allowed to align with the height and buildings lines of existing buildings provided
that all other local,county,and state requirements are met.This exemption does not apply to ancillary
buildings that may include,but are not limited to,administrative offices,physician offices,outpatient
services,and maintenance facilities.
I.HTD —Highway Transitional District
1.Intent The special standards listed in this section for the highway transitional district are intended to:
•Provide an alternative to properties along state highways within the City of Fairhope that are beyond the area
of influence of the Village Nodes and Commercial Nodes as contemplated by the City of Fairhope
Comprehensive Plan.
•Provide development opportunities consistent with the City’s vision for commercial corridors to better serve
community needs.
•Unlike other districts within this section,the HTD is not an overlay district and does not affect any property
owners,other than those who voluntarily apply for rezoning to this district.
2.Size —Lots shall be a minimum of 20,000 s.f.and under three (3)acres.
3.Use —Uses for the HTD are listed in Table 3-1:Use Table.Rezoning to HTD may be conditioned so that uses
permitted on appeal require a site plan.
4.Location —Eligible lots must have minimum of 100 feet on one side fronting the rights-of-way of U.S Highway
98,Alabama Highway 104,or Alabama Highway 181 and lie within the Corporate Jurisdiction of the City of
Fairhope.
5.Dimension Standards —
a.Lot frontage shall be adjacent to the highway.
b.Setbacks
i.Front Setback shall be 20’.
ii.Rear Setback shall be 20’.
iii.Side setbacks shall be 10’.
c.Building Height
i.Maximum Height is 30’.
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n..‘\mixed use building may ha’e a height of 35’if it contains both residential and commercial space.
The residential use must muk up at least 33%of the total area of the huildin’e and located on th
second and or third floor,and retail or office space must make up at least 50°,of the total area of the
building and he located on ground and or second floor.
d.Parking
i.Parking shall be located behind the front building line.
e.Any freestanding single-use or tenant retail building shall not have a building footprint larger than 8,000
square feet.
f.All lands within twenty (20)feet of the boundaries of U.S.Highway 98,Alabama Highway 104,and
Alabama Highway 181 within the corporate limits of the City of Fairhope are required to be reserved by
owners or developers of such lands as greenspace and tree protection zones.The required greenspace may
include land as required by the front setback.
i.Where no vegetation,other than grass exists,new landscaping and plantings shall be installed at time
of development within the 20-foot strip that meet the requirements of the City of Fairhope Tree
Ordinance and receives approval by the City Horticulturist otherwise the land may be left in its natural
state and enhanced with the addition of trees and shrubs.
g.Any future rezoning to HTD may be conditioned so that the goals and intent of the Comprehensive Plan and
Article V.,Section 1.1.of the Zoning Oidinance are achieved.
h.For the purposes of Article IV,Section B.2.b.and the screening requirements of the City of Fairhope Tree
Ordinance,the Highway Transitional District shall be considered commercial/business regardless of use.
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I Reserved]
Article VI
Village Districts
A.VRM Village Residential Mix
B.NVC Neighborhood Village Center
C.CVC Community Village Center
D.Village Zoning Special Review Procedures
This Article contains Village Zoning Districts to more easily and more directly implement the vision and goals of
the Fairhope Comprehensive Plan.
A.VR11 Village Residential Mix
1.Intent Thc special standards listed in this section for the Village Residential Mix (“VRM”)district are
intended to:
.—provide a mix of residential types that are designed to font a compact,compatible,and stable
neighborhood;
s-provide compact,walkable neighborhoods;
.—provide development that supports the scale and character of existing neighborhoods;
.—develop land use affangements that consider the compatibility of adjacent activities;
.encourage design that enhances pedestrian interest and provides a pleasant and diverse pedestrian
experience;
.—provide places for social interaction and recreation;
—promote a sustainable flitare,and encourage and develop connectioas behveea environmental quality and
economic vitality;
.create focal points in neighborhoods,such as parks,schools,parkways,street trees,and other amenities;
.support the development of artistic,cultaral and recreational opponities;establish and maintain
neighborhoods with a sense of community and ties to neighborhood based businesses;
•coordinate land use and transportation planning to ensure that the transportation system can accommodate
potential travel demand;
.—support the development of a comprehensive pedestrian and bicycle nertvork with linkages to and behveen
residential and commercial areas.
FAIRHOPE ZONING ORDINANCE 65
Article VI
[Reserved]
Section A
[Reservedj
octition,I Wfl1fl’estaousneoHnWPVPr‘-h Size and A newly VR1{district shall be at least f’e-f)
smaller parcel may be rezoned \T if it is contiguous to an existing VRM district or separated only by a public
right of way,and all other standards and conditions for the VRM district as a whole are met.The overall gross
density for a Village Residential Mix district shall be bertveen 1.5 and 10 dwelling units per acre,subject to the
following:
a.VRM districts between 1.5 and 6 dwelling units per acre shall provide at least 10%of the overall district as
open space.
b.VRM districts greater than 6 but less than 8 dwelling units per acre shall provide at least 15%of the overall
district as open space.
c.VRM district with 8 to 10 dwelling units per acre shall provide at least 20%of the overall district as open
space.
Page 126 of 246
Article VI
j Reservedj
the ow””’,-,Sth,,I.,,..i,.,Ii t,,
tttsc:..
..L..ii i,.....-ci e-icn
Section A
[Reservedj
‘‘5”‘-““Y i”””
I A.I,.C
I -‘I’.,I,I
,.,,,,,,p1 the structure ..setbaek to allow each unit ...a structure ....a separate
b.Patio homes may lid’VC one side of the structure with a 0’setback provided the other setback is at least 10’.Othenvise.the mimoium side
setback shall he 6’.
c-Tosvnhouses may ha’.e a Il’side setback to allow each individual unit in a structure to be a separate lot.However,no more than S unita may
be in a single stmettire.and all structures shall be separated by at least I 2’.
4 Accessory structures ois estate d’.velling lots shall cover a maxinssms of l0°of the lot or be a maximum of 25hk of the principle building
footpri ist .s’.Isiehe’.er 5,
e.Side yards along a public riglsi of ‘,‘.ay shall have the same setback fur the prmeipal structure as the front setback,except that the required
-.irrri -:i.lr-a’ih:i.I.in il I ri.,’-.-knIt nzv.’r 6,’ninn’than 20’
a ,,,,,,A,-t,’t-Ill Q,.,-,t,,-.,,Id A SJDSjtA,,t,-,,’t,,h,,iii,-,,,,,-.:._mLi.:,i.TTm.Li
,‘-“,“““,.‘-i--,’.”,”-’’-,”‘zi”-’’,-“-‘‘‘--‘5”‘-‘“““‘---‘-‘.
‘“‘
‘‘.‘‘‘““‘5.
a.no more than 50%of the dwellings for the entire district may be of any one (I)type listed in the use table:
h.no more than 70%of the dwellings for the entire dtstrtet may be of any two (2)types listed in the use table;
and
e.at least 70%of the dwellings shall be within l,9.S0 feet of an interseelion of two (2)arterial streets.This
dv;tanee shall be measured “i”,,‘,,,t,t ,.f ,.:.,,:.,.,,,kt..t,.,,I iC rt.,,,.t,,,,,.,
a
5’’-’-”””y-\‘“-‘-‘““-‘i”
Dimension
Sad
Use type
Types Alloved
Sir A out IV Srriunn C’
Minimum Setback
Dwellin2s
T 4
J I
Structure Size
-1I I 1i Ii d Ii
Pate 1-041-wim-a ‘2W a 3W 20%4 40%34-’
a
area of ‘.
-acre
&‘4 4W a 3W 40%700sf M%3W
Two-family 3W a 3W 40%600sf.64%3W
Patio home 4(41 ‘gi)’e 3W 50%600 s.f.45%2W
Townhouse 241 ‘a 3W 40%300sf 34%3W
Multiple family 5%‘
‘C ,t ‘C 10I a 3W 45%300 s.f 74%341
.apartment
CMa
Newieotaiy gggz,‘C 5%5%5%543%4 443%3W
hoot niinimuns total lot
size of 2 acres
Place of 14024iuot+‘C ‘C 3W 3W SW 50%ida 30%34L!
Worship nsininsnm lot size
of I acre
C’omnssinity 1001-wiWo ‘C ‘C 2W 2W 3W 50%ida 7-0%3W
Genter minimsim lot size
of acre
Service
Red—and Bed and breakfast is a sen-ice use allowed in any dwelling structure io the VRM district.Dimensional standards shall be according to
Breakl2ist the dsvelling structure type.
F4IRHOPE ZONING ORDINANCE 66
Page 127 of 246
Article VI Section A
[Reserved][Reserved]
f.Steeples or other architectural features on Places of Worship may be up to 50’.
5.Site Design Standards General site design standards contained in Article IV.apply to the VRM district in
addition to the following specific site design standards.
a Open pacc:Refer to Article IV.,Section A.for general open space design standards.inc following
additional open space standards apply in the VP4 district:
(1)At least 80%of the dwellings should be within one mile of three different types of open space.
(2)At least 80%of the residential units should be within one mile from each catego’(nara1 and civic)
of open space
(3)At least 80%of the residential units should be within 1980 feet of one (1)or more es f open space.
(1)Off site open space may count towards the requirements of this section if it is publicly accessible.
(5)Accessoiy dwelling units shall not count towards the dwelling unit percentage recommendations of
this section.
(6)Distance shall be measured along public right of way or public trail or greenway.
(c\ml,;,.,.l,.-.ll .,.—.....-....l,
FAIRHOPE ZONING ORDINANCE
rr -J
F
67
mt
Commentary
See Article IV.,Section C.for a description,intent and goals of the streetscape.A defined streetscape is
created by a ratio of height to width formed by buildings on opposite sides of the street.The width
includes the width of the right-of-way and the depth of any private setback to the building façade.The
height equals the average height of buildings along a block,or the height of the primary façade to any
substantially recessed areas.See Figure 6-3 for diagrams relating to the streetscape and the proper ratio
of height to width.
+.-.A ..+..I.-.T’.?trectscape..,Section
C.for general streetscape design
standards.The following additional
streetscape standards apply in the VRM
district:
(1)The average building line on opposite
‘iHe of the street hall not diffpr by
more than 20 feet.
r1..-.t(2)....Juilding line on an individual lot
shall not differ by more than five feet
from the building line of adjacent
lots.Sec Figure 6 1.
(3)The building line on an individual lot
shall not differ by more than five feet
from the average building line on the
same side of a single block.
(4)No more than two frontage ‘pes may
be used on the same side of a single
block.Sec Figure 6 1.
(5)The preferred height to width ratio for
the streetscape (height of buildings:
distance between facades on opposite
..:fl....C ..L....IJ U
Figure 6-1.This figure illustrates two different frontage types
—a terrace and a yard —while still maintaining consistent
setbacks (no greater deviation than 5 feet)on adjacent lots.
iu Ui LLUt)nuu1u ue between 1:2 and 1:1,except in the case of single family dwellings on arterial
streets where a larger setback may create an appropriate ansition for single family dwelling units on
hieher order streets.See Fivura 6 2
Page 128 of 246
Article J/J
[Reser edj
Section A
[Reserved]
.51w .lccc.cs Refer to Article I\.,Section D.for general
f*tt access standards.The following additional site
atcess stand:irds apply in the VRM district:
(I)Curb cut:;on local streets shall be separated by a
mininmm of 60 feet.
(2)Shared access driveways or rear access lanes shall
be used on blocks with residential lots less than 60
feet wide.Shared access driveways require an
easement to each lot owner indicated on the plat and
recorded or granted by a separate deed instrument.
See I igorc 6 3.
d.Parking:Refer to Article IV..Section E.for general
parking standards.The following additional parking
standards apply in the VRM district:
(1)The maximum size of an off street parking area
for any use in the VRM district is 40 spaces.
(2)All off street parking in the VRM district shall be
on the same lot as the use the parking serves,or on
dedicated common area for a group of lots.Any
parking on common areas shall be within 100 feet
of the stwcmre it is to serve,
(3)On street parking may be used towards required
parking according to AicIe TV,Section E.
(1)All off street parking areas shall be located behind
buildmgs.except for estate dwelling unit.;and
single family detached dwelling units.
(5)All off street parking shall be screened from
adjacent lots according to Aicle IV.,Section E.
68
Rear access lanes
Y_1-_.-Th
a
Shored driveways
Figure 6-3.Reor access lanes or shored driveways
s/in/I be used on ni/lots less thou 60 feet wide.
figure 6—2.this /ignre illustrates the k/cal ratio of
u’idth oft/ic streetscape area.Streetscopes closer to the 2:1 end of tIns range should be used as transitions
near ui/loge centers.
Commentary
Vehicular access on individual lots interrupts the pedestrian area of the streetscape.This conflict is
exaggerated when accessing smaller compact lots.Therefore alternative vehicular access must be used
when lots are narrow.
FAIRIJOPE ZO;VtNG ORDIN4NCE
Page 129 of 246
structures shall have a primary entrance that faces the
street.
(2)All primary entrances,except for estate dwelling units,shall
be connected to the public right of way by a sidewalk at least
four (1)feet wide,or by a similar pedestrian connection.
(3)Garages shall be subject to the following:
(a)Detached garngcs may be loented behind the rear
building line subject to dimension standards for the
district.
(b)Front entry garages shall be set back a minimum of
DIIfaatf,.n
(e)The portion of the facade used for front entry garages
shall be less than 50%of the reaming portion of the front
facade producing at least a 2:1 ratio of living space to
garage space on front facades.
(d)Any front entry garage door shall be for a single vehicle.
Multiple ear front entry garages shall require multiple
single entry doors.See Figure 6 5
(1)Roofs Pitched roofs are prefened.Buildings with a flat
roof should incorporate a parapet or decorative cornice
lint
(2)Scale Buildings should not exceed a height to width
ratio of 1 to 2 without a variaüon in the building mass to
break up the scale.Variations in building mass could
include a setback in the facade between 18 inches and 3
feet.Any such variation should occur over at least 25%
of the entire facade.See Figure 6 6.
(3)Architectural Style The architectural style and
materials should be compatible on all sides of a
building.
(‘1)Entrances All nriman’entrances should be
articulated by any of the following design elements:
(a)A single story porch at least eight (8)feet deep and
covering at least 50%of the facade;
(b)A single story portico at least six (6)feet deep and at
least eight (8)feet wide.
(e)A stoop entry if a stoop frontage is used.
(5)Openings Window and door openings should be
vertically oriented,however windows and doors should be
grouped to have a similar orientation as the strnetare.All
front facades should have between 15%and 30%of the
façade occupied by windows or doors.
See Figure 6 7
(6)Diversity Buildings should present diverse but
consistent appearances.Consistency will be determined
by the scale and mass of strnemres and diversity will be
determined by variation of facade planes,roof lines,
materials and colors used for external walls and trim.
All materials should be consistent with the overall
character of the neighborhood.
FAIRHOPE ZONING ORDINANCE 69
Article VI Section A
[Reservedj [Reservedj
Building Design:The
in the VRM district:
(4\All
design
J—tL
iining the primary
Figure 6-4.Any front entry garage doors shall be
set back at least 20 feet from the front building line
where the primary entry of the house is located.
atranee.See Figure 6 I.
p nn.....fl
•L.mxs
Figure 6-5.Only single entry doors are allowed f
the garage is front loaded andfacing the street.
Figure 6-6.Building facades that exceed a
2:1 width to height ratio must contain
variations in wall planes.
liii;g:t
Figure 6-7.All openings should be vertically
oriented to reflect a pedestrian scale but may be
grouped to form larger horizontal masses.
Window and door openings provide contrast to
the main wall and should occupy between 15%
to 30%of the facade.
Page 130 of 246
Article VI Section B
Village Districts NVC Neighborhood Village Center
B.N\7C Neighborhood Village Center
Intent The special standards listed in this section for the Neighborhood Village Center (“NVC”)district are
intended to:
.—provide convenience goods and personal services within an approximately 1 mile service radius;
.—provide compact,walkable centers for neighborhoods;
.—p-rovide development that supports the scale and character of existing neighborhoods;
.—dcvclop land use arrangements that consider thc compatibili’of adjacent activities;
.——cncouragc design that enhances pedestrian interest and provides a pleasant and diverse pedestrian
experience
s—providc places for social interaction and recreation;
.—promotc a sustainable ftiture,and encourage and develop connections bertveen environmental quality and
economic vitality:
—ereate focal points in neighborhoods,such as parks,schools,parkways,street trees,and other amenities;
.----support the development of artistic,culmral and recreational opponities;establish and maintain
neighborhoods with a sense of communi’and tics to neighborhood based businesses;
—coordinatc land usc and transportation planning to ensure that the transportation system can accommodate
potential travel demand;
a—support the development of a comprehensive pedestrian and bicycle network with linkages to and behveen
residential and commercial areas.
2.Locations and Size
a.A newly established NVC district shall be between six and 18 acres.However,a smaller parcel may be
rezoned NVC if it is contiguous to an existing NVC district or separated only by a public right of way,so
long as the combined NVC district does not exceed 18 acres.
b.The NVC district shall have an overall non residential floor area behveen 60,000 and 180,000 square feet.
Residential uses do not count toward in this total.
c.Open requirements shall be as follows:
(I)A NVC district shall provide at least 5%of the area,excluding right of way,as open space.
(2)A NVC with more than 120,000 square feet of non residential floor area shall provide at least 10%of
the area,excluding right of way,as open space.
(3)A NVC with more than 12 overall acres shall provide at least 15%of the area,excluding right of way,
as open space.
d.The NVC district shall be located on blocks at the intersection of two (2)arterial streets,and on blocks
immediately adjacent to a block at the intersection of two arterial streets,which is zoned NVC district.
3.Uses Uses allowed in the NVC district are specified in Article Ill,Section B.A NVC district shall have at
least three (3)different categories of uses in Table 3 1:Use Table,subject to the following:
a.Mixed use buildings shall be allowed and encouraged.
b.Residential units
(I)Dwelling units,‘,vhich arc accessory to a non residential use,shall have a maximum floor area of 750
square feet.The resident of the accessory dwelling shall be the owner of the principle stmcwrc or the
tenant operating the non residential use in the principal structure.
(2)Dwelling units as a principal use or in mixed use structures shall be subject to the following:
(a)all dwelling units shall have an individual entrance or common entrance that is separate from
entrances for non residential uses.
(b)each dwelling unit shall have at least one off street parking space within 100 feet of the residential
entrance.
e.Drive through use:;are allowed only if the drive through lanes is limited to the rear and one side of the
building and all other special conditions for the NVC district are met.
F4IRH0PE ZONING ORDINANCE 70
Page 131 of 246
Article VI
Village Districts
Section B
NVC Neighborhood Village Center
T,.hI ).Ib.JUC F
a.upen spuce:Refer to Article IV.,Section A.for
general open space design standards.The
following additional open space standards apply
in the NVC district:
(1)Each block shall contain a cour’ard(s)or
plaza(s)covering at least 5 of the block,
bordering a public right of way on its longest
side.See Figure 6 7.
(2)Blocks that border on a block with a green,
plaza,or small park covering at least 10%of
the block and bordering a public right of way
on at least two (2)sides are exempt from
Section 5.a.(l)above.Sec Figure 6 8.
(3)Blocks that border or a greenway
connecting the non res center of the
village to surrounding neighborhoods are
exempt from Section 5.a.(l)and (2)above.
See Figure 6 8.
(‘1)The overall area of open space shall meet
the requirements of Section B.2.b.above
and be designed according to the guidelines of
Article IV.,Section A.
allowed
LL.•-
‘ti_).
QCCOOG
Figure 6-7.All blocks shall have at least 5%of the
block publicly accessible open space such as courtyards
or plazas.
Dimension Frontage Types Allowed Minimum Setback Maximum Lot Covcragc
Standard See-Ad “‘or Structure Size
dsir
Usetype LH±L i_Lu
11 II d ii
Dwellings
TpwnhpuGe 0.’30.’6%300 s.f.3.0%80%3.’
Multiple family 2.5!_to 0t b 30.’70%300 s.f.30%80%3-&
I Apartment 440.’
Mixed ue Same as ne&i ia1-k$-afH &tfueFes
Non residential
All ucce from
the Civic,
Retail,Service,
and Office
catecorie.
uoue e
specified
b w
PU..
Hefie
Irnt 1’’
Courtyard
1 ‘‘JLJLLJJJJJW
L
_
rirr
Figure 6-8.Blocks bordering a block with a green or a plaza
covering at least 40%of that block or blocks that provide
parts of a trail or greenway system are not required to provide
5%of the block as publicly accessible open space.
FAIRHOPE ZONING ORDINANCE 71
Page 132 of 246
Article VI
Village Districts
Section B
NVC Neighborhood Village Center
k nt -,:n TX,El.‘>trccrccapc:eiei to Jtrncie iv .,oeution L.101
general streetseape design standards.The following
additional streetseape standards apply in the NVC
district:
(I)The average building line on opposite sides of
the street shall not differ by more than 20 feet.
(2)The building line on an individual lot shall not
differ by more than five (5)feet from the
building line of adjacent lots,except that
courtyards and plazas created by setbacks that
exceed five (5)feet are encouraged .8cc Figure
6-
(3)No more than two (2)frontage types may be
used on the same side of a single block.
(1)The preferred streetseape width to building
height ratio should be between 1:1 and 3:1.
Sec ligure 6 /0.
(5)This section shall not apply to structures for
Civic use:;.
Ii
Figure 6—lU.Tins Jlgioe illostrates the ideal ratio of building heights that frame the streetscape to the total
width of the streetscape area.Streetscapes closer to the 1:1 end of this range should be used anti on
secondary streets in the village centers.
t-,‘.7C;...I
;
(1)All off stn
FAIRHOPE ZONING ORDIN4NCE
Figure 6-9.Adjacent buildings,whether separated or
connected by common walls should not d(/fer in front setback hi
more than five (5)fret except for the purposes of fanning a
coortyard.
I
,L.
..1 11....!fl.C-....._.A..÷.’.I..lw
parking shall be located behind
P.for general parking standards.The
the front building line,and parking not located
behind the rear building line shall be screened
from the right of way by a two and one half to
four (1)foot wall or opaque landscape screen
extended at the front building line c Figiov
additional parking
(2)The maximum size of an off street parking
area for any use or group of uses is 50 spaces.
No block shall have more than 30%of the area
dedicated to off street parking.
(3)No parking lots shall be located on the corner of
b locks.
(4)Parking totals shall be based on the parking
schedule in Article IV.,Section E.for all uses
proposed in the NVC district Reduchons in the
Figure 6—IL .4mw parking on the sides of buildings near the
public street shall be screened with a decorative fence or
wall or landscape screen extended cit the building line to
continue the street wall forniecl hi the building line.
.1.-...,.....fl....fl.V.1....,
72
Page 133 of 246
‘-.i-,1.,.7
.-.
uses are also ac “i ground
provided they are not more than 50%of the
gross floor area.Office or Residential uses may
be appropriate on ground levels in limited
circumstances,but should generally be on upper
levels of buildings.
(2)Roofs Roofs should be either pitched between
6:12 and 12:12 or be flat with parapets or
decorative cornices.Roof mounted equipment
should be screened from public view on all sides.
(3)Scale Buildings should not exceed a height to
width ratio of 1:3 without a variation in the
building mass to break up the scale.Variations in
‘‘--mass could lude an offset in the
height bev °o 15%,
setback in the facade between three (3)and p (6)
feet.Any such variation should occur over at least
O/fd *fl C,,.,(1%
areas should occur at floor changes or at the cornice
line of the roof T ons should be created by
use of ornamental
(5)Building Height Building heights should not differ
by more than 15%on a single block,except that
taller buildings that anchor a corner may not be
considered in calculatine the block averace.See
Section B
NVC Neighborhood Village Center
LLT ZiL
F4IRHOPE ZONiNG ORDINANCE
Article VI
Village Districts
The fol’building design
il,KT1C’
(1)All non residential or mixed use seres,
except for Civic uses,shall have a front
building facade that occupies at least 75%of
the lot width at the front building line.Sec
Figure 6 12.
(2)All buildings shall have a primary entrance
that faces the street.
(3)All primary entrances shall be connected to the
public right of way by a sidewalk at least 5
feet wide.
(4)Between 50%and 80%of ground level,street
facing facades of non residential buildings
shall be transparent with glazing.
See Figure 6 13.
(5)Between 25%to 60%of all street facing facades
and upper floor front facades shall be
transoarent with elazine.“‘
Figure 6-12.Building facades shall occupy at least
75%of the lot frontage at the front building line.
rccon
f.De.cin G”The folio design elements
.L...KT7f’
(1)Uses The majority of ground level uses should
he from the Retail .Service and Civic
C UDJD
LE2DflLT T
Figure 6-13.Ground level facades between 50%and
80%transparency,and upper level facades between
25%and 60%transparency.
::‘--
1,1 c’,-.,,Al I’’’
material or color
Figure 6-14.Long building facades should use variations in
building mass while still presenting a consistent streetscape.
feares.The architectural style and materials
should be consistent on all sides of a building.
Figure 6 15.Figure 6-15.Height deviations buildings along a single
block should be s,nall except that taller buildings may
anchor corners of blocks.
73
Page 134 of 246
Article VI
Village Districts
Section B
NVC Neighborhood Village Center
,,
?e’n/Dc’c
See figure 6 16u.
Window and door
citii.dlyi)iiCiliiiE,,FiDiiiU iJU
diverse hut consistent appearances.
Changes in material,color or relief
areas are acceptable when used as
accents to the primary materials,
color,and wall.Use of visual
features such as awnings.ornamental
doors and windows.ond architectural
details are encouraved to create
F.i lRitO ZolvG Oiwrv:-nvcE
t4\Q,ADurucees primary entrances
should be articulated by any of the
following design elements:
(a)a canopy or arcade:See Figure
6 I6
(b)an entrance projectmg trom the
façade no more than three (3)
feet:See Figure 6 161’.
(c)an entrance recessed from the
front façade between three (3)
and five (5)feet:See figure 6
44e
(d)a combination of ornamental
architectural moldmg and
windows such as transom
—L
b
a (‘ioiopv or ,-li’code Entiy b Pt’ojeeting Eater
oriente0,however WHIUDWS
doors should be grouped to have a
similar orientation as the structure.
Building entrances should occur a
minimum of every 50 feet along
street frontages See I’igio’e 6 1
(8)/““‘‘‘‘°RiiiIdn’’c clinDid present
c.Recessed Eat,,’ci O,’aonieato/En/n
Figure 6-16 a-cl.Deiaonsovites the diffia’eat rrpes of eater o’eotoients
//ia!lie/p add voile/i caid onhinatioo to bnildiogs o/ong the so’eetscape.
di ersity.Figure 6—1 7.Bni/ding eno’onces s/ion/cl oeeai’at least even 50
feet.
74
Page 135 of 246
Article VI Section C
Village Districts CVC Community Village Center
C.CVC Community Village Center
1.Intent The special standnrds listed in this section for the Community Village Center district arc intcndcd to:
provide general merchandise and convenience destinations for residents within a vo to three plus mile
sen’ice radius;
.—to provide sen’ices and merchandise that complement the central business district;
.—provide compact,walkable centers for neighborhoods;
.—providc development that supports the scale and character of existing neighborhoods;
.—develop land use arrangements that consider the compatibility of adjacent activities;
.—encourage design that enhances pedestrian interest and provides a pleasant and diverse pedestrian
experience;
.—provide places for social interaction and recreation;
a—promote a sustainable thmre,and encourage and develop connections behveen environmenthl quality and
economic vitality;
•create focal points in neighborhoods,such as parks,schools,parkways,street trees,and other amenities;
•support the development of artistic,cultural and recreational opponities;establish and maintain
neighborhoods with a sense of community and ties to neighborhood based businesses;
•coordinate land use and transportation planning to ensure that the transportation system can accommodate
potential travel demand;
.—support the development of a comprehensive pedestrian and bicycle nertvork with linkages to and be’een
residential and commercial areas.
2.Locations and Size
a.A newly estublished CVC district shall be bertveen 10 and 10 acres.However,a smaller parcel may be
rezoned CVC if it is contiguous to an existing CVC district or separated only by a public right of way,
provided that the combined CVC district does not exceed 10 acres.
b.The CVC district shall have an overall non residential floor area bthveen 100,000 and 350,000 square feet.
Residential uses do not count toward in this total.
c.Open space requirements shall be as follows:
(1)A CVC district shall provide at least l0°,of the area,excluding right of way,as open space.
(2)A CVC district with more than 200,000 square feet of non residential floor area shall provide at least
I 5Y of the area,excluding right of way,as open space.
(3)A CVC district with more than 20 overall acres shall provide at least 15%of the area,excluding right
of way,as open space.
d.The CVC district shall be located on blocks at the intersection of rtvo arterial streets capable of handling
heavy traffic,and on blocks within 800 feet of the intersection of rtvo arterial streets that arc adjacent to
blocks zoned for a CVC District.
3.Uses Uses allowed in the CVC district are specified in Article III,Section B.A CVC district shall have at
least three (3)different categories of uses subject to the following:
a.Mixed use buildings shall be allowed and encouraged.
b.Residential units
(1)Dwelling units,which are accessory to a non residential use,shall have a maximum floor area of 750
square feet.The resident of the accessory dwelling shall be the owner of the principle stmcture or the
tenant operating the non residential use in the principal structure.
(2)Dwelling units as a principal use or in a mixed use stmcture shall be subject to the following:
(a)all dwelling units shall have an individual entrance or common entrance that is separate from
entrances for non residential uses.
(b)each dwelling unit shall have at least one (1)off street parking space within 100 feet of the
residential entrance.
c.Drive through uses are allowed only if the drive through lanes is limited to the rear and one side of the
building and all other special conditions for the CVC district arc met.
4.Dimension Standards The dimension standards for the CVC district are the same as the NVC see Table 5 2
in Section B.1.
FAIRHOPE ZONING ORDINANCE 75
Page 136 of 246
-1 rude VI
Open
general open space design
additional open space sta
district:
(-I-)-Each block shalt
t fran,
+1,-.,,r
the village to surrounding neighborhoods
are exempt from Section 5 .a.(I )and (2)
anove See frurc 6 19.
The overall area of open space shall meet
.,.,-.f’C...,.,,C’)I,
LL rk<
pin-I,
Figure 6-18.-1/1 blocks shall have at least 5%of the block
public/v accessible open space such as courtyards or placas.
Figure 6-19.Blocks bordering a block with a green or a
plaza covering at least 40%of that block or blocks that
provide parts of a pail or greenii’av system are not required
to provide 5%of the block as public/v accessible open
space.
Figure 6—21.This JIgure illustrates the ideal ratio of building heights that frcone the streetscape to the total
width of the streetscape area.Streetscapes closer to the 1:1 end of this range should be used on/v on
cprnnhII,r,’vt,PPtS in the i’ihhi,op centerc
Village Districts CVC Community Village Center
5.Site Design Conditions General site design standards contained in Article IV.apply to the CVC district in
addition to the following specific site design standards.
Refer
to Article TV Section A for
Sectiot,C
standards.The following
dards apply in the CVC
court’.’ard(s’
plaza(s)covering at least 5%of the block.
bordering a public right of way on its longest
side .5cc figure 6 18.
(2)Blocks that border on a block with a green,
plaza,or small park covering at least 10%of
the block and bordering a public right of vav
Courtyard
St S25t t’s (2)sides
Section 5.a.(l)above.See figure 6 19,
1)i__l.,I_,k..L..,..,,,-...
4+
rT
ii I
LL
e
ano oe uesigneu according to the guidelmcs
of Article TV.,Section A.
Slrccisi Refer Article
general streetacape design standards.The
following additional streetscape standards apply
in the CVC district:
(1)The average building line on opposite sides of
the street shall not differ by more than 20 feet.
(2)The building line on an individual lot shall not
differ by more than five (5)feet from the
building line of adjacent lots,except that
courtyards and plazas created by setbacks that
exceed five (5)feet are encouraged See 1”igure
62().
(3)No more than two (2)frontage types may be
used on the same side of a single block.
(1)The preferred streetscapc width to building
height ratio should be between 1 :1 and 3:.See
Figure 6-20..1djacent buildings.whether separated or
connected by conunon walls,should not dtffer in front setback by
,nore than 5 feet except for the purposes offorming a court yard.
figure 6 2/.
(5)This section shall not apply to strueturi
F4IRHOPE ZONING ORDIN4NCE 76
Page 137 of 246
Article VI
Village Districts
Section C
CVC Community Village Center
,..A ..i i C.I.....V.
(11 All off street
“‘““‘‘
located behind the rear building line shall be
screened from the right of way by a two and
one half 2 Vi)to four (1)foot wall or opaque
landscape screen extended at the front
building line.See Figure 6 22.
(2)The maximum size of an off street parking
area for any use or group of uses is 125
spaces.No block shall have more than 15%
of the area dedicated to off street parking.
(3)No parking lots shall be located on the corner
of blocks.
(1)Parking totals shall be based on the parking
schedule in Astiele IV,Section E,for all uses
proposed in the CVC disfriet.Reductions in
the required parking may be made from that
cumulative total according to the standards of
that section.
.1..:.,t,.t’it’A:....2,...
(1)All non residential or mixed use stnetures,
except for civic uses,shall have a front building
facade that occupies at least 75%of the lot
width at the front building line.See Figure 6
23
(2)All buildings shall have a prima’entrance that
faces the street.
(3)All primary entrances shall be connected to the
public right of way by a sidewalk at least five
(5)feet wide.
(1)Behveen 50%and 80%of ground level,street
facing facades of non residential buildings shall
be transparent with glazing.Sec Figure 6 21.
(5)Behveen 25%to 60%of all street facing
facades and upper floor front facades hnll he
in me uvu uisiricL:
(1)Uses The majority of ground level uses
should be from the Retail eatego’.Service and
Civic uses are also acceptable on ground levels
provided they are not more than 50%of the
gross floor area.Office or Residential uses may
be appropriate on ground levels in limited
circumstances but should generally be on upper
levels of buildings.
(2)Roofs Roofs should be either pitched between
6:12 and 12:12 or be flat with parapets or
decorative cornices.Roof mounted equipment
n flfl
FAIRHOPE ZONING ORDINANCE
“““‘6•
.1 fl....L:......n.._c_.......A....2..l.liT V
ii,,.r’i(-’
a,..C....‘2....
VI...t..ii
-o
Figure 6-22.Any parking on the sides of buildings near
the public street shall be screened with a decorative fence
or wall or landscape screen extended at the building line
to continue the street wall formed by the building line.
ZI2btfniirn,ino h,,;IA;.,,,
Figure 6-23.Building facades shall occupy at least
75%of the lot frontage at the front building line.
I’a,-,
U UjU
it
.4.—_4 k—4
Figure 6-24.Ground level facades between 50%and
80%transparency,and upper level facades between
25%and 60%transparency.
77
Page 138 of 246
.4rticle [‘I
Village Districts
Section C
CVC Community Village Center
-k-..I.l l_...from public view on all
(5)
elements:
Building heights bnnIct not
•.,.,..than 15%nn a sinHe black.
(a)a canopy or arcade;Sec Figure 6 27u
(h)an entrance projecting from the façade
no more than three (3)feet;See Fgiue
6 2h.
Ic)an entrance recessed from the front
thçade between three (3)and five (5)
feet:See F igme 6 2 ?e.
Id)a combination of ornamental
architectural molding and windows
saeh as transom windows.See Figure
6 2da.
windows and doors should be grouped to
have a similar orientation as the structure.
Building entrances should occur a
minimum of every 75 feet along street
(8)Diversir Buildings should present
diverse but consistent appearances.
Changes in material,color or relief areas
are acceptable when used as accents to the
pnmary materials,color,and wall.Use of
visual features such as awnings.ornamental
doors and windows,and arehiteetaral
details are encouraged to create diversiy.
F4IRHQPE Zov!vG ORDIN4NCE
i3).nntc buildings should not exceed a height
to width ratio of 1:3 without a vañation in the
building mass to break up the scale.
Variations in building mass could include an
offset in the building height between 10%and
15%,or a setback in the facade between three
and six feet.Any such variation should occur
over at least 25%of the entire facade.See
figure 6 25.
(1).Irchiteetural Sw/c All buildings should
include a base,body,and crown.Transitions
between these areas should occur at floor
changes or at the cornice line of the roof
Transitions should be created by material or
color changes or the use of ornamental features.
The architectural s’le and materials should be
consistent on all sides of a building.
Figure 6—25.Long building facades should use variations in
building mass while still presenting a consistent streetscape.
UOLIflicf]9-f-leigh:
.i.fl5.,.-by —---C-
£I__.--...l..-...except mat tauel umiumgs LHdL anutwi a cunmet
may not be considered in calculating the block
averane Sci Fir-nrc 6 26
All
naD’entrances should be Figure 6-26.Height deviations in buildings along a single
of the following design block should be small except that taller buildings mar anchor
corners of blocks.
—L
should be venieally oriented,h
a.Canopy or ,4rcade Entty b Projecting Entry
frontages.
c.Recessed Entry d.Ornanmental Entn
Figure 6—27 u-d Denionstrates tIme different rippes of enO’i
a-eatments that help add variety and animation to buildings
along the streetscape.
78
Page 139 of 246
Article VI
Village Districts
D.Villagc Zoning
1.Intent
Section 13
Village Zoning Special Review Procedures
The Village Zoning Special Review Procedures offer an incentive of expedited and consolidated review.These
special review procedures are intended to provide come offset for any added time and expense for project
development under the standards of the Village Zoning Districts.This special procedure will reward
developments that more directly implement the goals of the Comprehensive Plan and comply with the standards
and guidelines in this Article of the Zoning Ordinance with expedited review of development applications.
2.Applicability
Any rezoning application to the VRM,NVC,or CVC may apply under the expedited review procedure
contained in this subsection D.,provided:
a.The application satisfies the goal of the Comprehensive Plan,the intent of the village zoning districts,and
meets or exceeds all applicable standards in this Article VI and the Fairhope Subdivision Regulations;and
b.The applicant has demonstrated and signed an affidavit with the application for expedited review stating
that public outreach pertaining to all elements of the development application through any one of the
following techniques has oeeured:
(1)Open meetings with nearby prope’owners and any other interested parties to discuss the design and
development of the project;or
(2)A public design charrefte whereby the public is invited to a series of meetings where design and
development issues and goals are formulated Leading to the creation of design alternatives,and the
selection of prefered design concepts;or
(3)Any other method of open meetings or workshops whereby stakeholders in the project and nearby
property owners can be informed and potentially influence the direction of the proposed design and
development concepts in the village;
e.All prope’contained within the approved Village Zoning Districts shall be accompanied by a regulating
plan,development plan or other eoneepal represention of site development which considers
development of the village as an integrated site and subjects all thwre phases of development to
compliance with the regulating plan,development plan,or eoncepthal site plan.
d.Eligibility for the expedited review process in no way affects the review criteria that must be met prior to
acceptance of a rezoning application to the VRM,NVC,or CVC zoning districts.
3.Procedures
a.Initiation:A zoning map amendment to rezone property to the VRM,NVC,or CVC district may be
initiated by a majority of the City Council,a majority of the Planning Commission,or the property owner.
b..loylieation:An application for a zoning
and Zoning.
d review -
:......A ._r
amendment r,iiai submitted on the application form provided
by the Dirertnr of Planning request in writing that the application be
reviewed through the expeuitt auons can be submitted 20 days prior to the
Planning Commission meeting,LHLCU ut aeeordmg LU LI1 published Planning Commission schedule.The
application shall include all information requested on the application form.The Director of Planning and
Buildings shall determine if the application is complete.If the application is not complete,the Director
shall notify the applicant in writing indicating neeessa’steps to cure the incomplete application.Upon
determination of a complete application,notice of the application will be published andJor mailed.The
applicant shall be responsible for all costs of notification and filing fees.
Published Notice Notice shall be published once,at least 15 days prior to the hearing,in
new.naner nfeneral circulation.The notice shall include the following:
n urovision IHL me annlieation will be considered by the Plaine Commission:fj)A.-
(ii)
(iii)The time and place that th
£4 IRHOPE ZONING ORDINANCE
applicant
process.
e.Notice
(I)Notice
fa)
savailable at City Hall;
79
Page 140 of 246
Article Il
Village Districts
common namc by which thc property is known.
The applicant shall furnish thc Ci’Ui
‘00 feet of
.h.,II k,Fi..-,,.l,,i.,,.,.,.
Section D
\7illage Zoning Special Review Procedures
F).1
(I)A complete application shall be reviewed by the Director of Planning and Zoning.
(2)The application shall be submitted to the Planning Commission at the next available meeting.The
Planning Commission shall consider the application and take one of the following actions:
(a)Recommend approval of the application to the City Council;
(b)Recommend approval of the application to the Ci’Council.conditioned on specific revisions;
(e)Recommend denial of the application to the Ci’Council;or
(d)Continue discussion of the application for further study.An application shall only be continued
one time without the applicant’s consent before the Planning Commission shall pass it along to the
City Council for action Any continuance shall be for a time reasonably neeessa’to completely
and adequately address the issue ofrther study.An applicant may agree to more continuances.
(3)The application shall be submitted to the City Council.with the recommendation of the Planning
Commission.The City Council shall consider the application at a public hearing and take one of the
following actions:
(a)Approve the application;
(b)Approve the application,conditioned on specific revisions;
(c)Deny the application;
(d)Continue diseassion of the application for further study.An application shall only he continued
one time without the applicant’s consent before the Ci Council shall take one of the above
F.IIRIIOPE ZONING ORrnv4NrE 80
(iv)All persons shall have an opportunity to be heard in opposition to or in favor of the
amendment:
(v)B,4,...amendment,a general description of an;property.including any
pti;un;owning prone sneeutue property that is the subject of the
application.Names and aaaresses .,...reeoras of the eoun’revenue office and
accuracy of the list shall be the applicant’s responsibility.Where land within 300 feet involves
leasehold proper’,the names and addresses of the landowner and the leasehold improvements
shall be provided to the Ci’.
(e)Posted Notice The Planning and Zoning Department shall post on any specific proper,which
is the subject of the application,a sign facing each adjacent public street.The sign shall be posted
no later than 15 days prior to the hearing before the Planning Commission and shall remain posted
until final action of the Ci’Council.Failure to post this sign may result in nullification of the
zoning change decision and application.
(d)Upon determination of a complete application,notice of the application will be published and/or
mailed.The applicant shall be responsible for all costs of notification and filing fees.
(2)Notice of City Council Hearing Prior to the Ci’Council hearing,hvo (2)notices shall occur in a
newspaper of general circulation in the Ci’,or where no such paper exists,in four (4)conspicuous
places in the Ci’.Each notice shall be at least 15 days prior to the date when the Ci’Council will
consider the application.
(a)Initial Publication The initial publication shall be according to the following:
(i)The text of the proposed amendment in ll or the application;
(ii)The time and place that the application will be considered by the Ci’Council;
(iii)Notice that all persons shall have an opportuni’to be heard in opposition to or in favor of the
application.
(h)Second Publication The second publication shall be according to the following:
U)A synopsis of the proposed application;
(ii)The date and name of the newspaper or locatio
(iii)The time and place that the application will be
(iv)Notice that all persons shall have an opponi
app(cation.
Compliance with kaw The foregoing requirements
notice.To the existent that such requirements dn
applicable law is hereafter altered.amended
constitied so a:;to comply with such altered.am
5
nded with applicable law relating to
with applicable law or in the event any
or otherwise
Page 141 of 246
Article VI
Village Districts
Section D
Village Zoning Special Review Procedures
the issue of ftirther study.A
-
-to the Director of P1
“3
(1)Compliance with the Comprehensive Plan;
(2)Compliance with the standards,goals,and intent of this ordinance;
(3)The character of the surrounding ‘-‘-“-‘--‘including nnv pending development nntivitir
(‘1)A
(5)Impa’
(6)Ci
P71 C
.--J,
f.Limitation on Re submittal:No application for a zoning map amendment shall be considered within 365
days from a final decision on a previous application for the same or similar parcel of land.An application
may be withdrawn without prejudice prior to consideration by the Planning Commission and City Council.
A request to withdraw an application shall be made in ifing to the Planning and Zoning Department
(Planning and Zoning Director).
g.Modifications:Modifications in substantial eonfonnanee with an approved regulating plan or development
plan may be approved by the Director of Planning and Zoning if they meet the following conditions:
(1)The modification addresses aethal site conditions that were not anticipated in the reviewed rezoning
and regulating or development plan;
(2)The modification meets the intent of the Village Zoning District standards or any eondifions on
rezoning in an equivalent or improved manner than the original regulating or development plan;and
(3)The modification results in no greater impact on adjacent property than the approved regulating or
development plan.
FAIRHOPE ZONING ORDINANCE 81
fe}
•-..mL.
ing and Zoning or to the Plannii
m only once witho
aeguacy of public infrastructure to support the proposed deveiopment;
LS on natural resources,including existing conditions and ongoing post develonment conditions:
)mphlance with other laws and regulations of the City;
,,,ompiiance with other applicable laws and regulations of other jurisdictions;
(8)Impacts on adjacent property including noise,traffic,visible intrusions,potential physical impacts,and
property values;
(9)Impacts on the surrounding neighborhood including noise,traffic,visible intrusions,potential physical
impacts.and nrope values.
Page 142 of 246
Article VII Section A
Non-conformities Purpose and Intent
Article VII
Non-conformities
A.Purpose and Intent
B.Non-conforming Structures
C.Non-conforming Uses
D.Non-conforming Lots
F.Maintenance of Non-conformities
F.Adjacent Land
A.Purpose and Intent
This ordinance seeks to protect the public health,safety,and general welfare,and avoid any unreasonable invasion
of established private property rights.The elimination of existing buildings and structures or uses that are not in
conformancc with the provisions of this ordinance is as much a subject of health,safety and general welfare as is the
prevention of the establishment of new uses that would violate the provisions of this ordinance.Lawful non-
conformities can adversely affect orderly development,maintenance,and use and taxable values throughout the
City.To avoid undue hardship.non-conformities that came into existence lawfully should be allowed to exist
subject to conditions in this Article:however,the conditions should seek to ultimately secure compliance with the
comprehensive plan.
B.Non-conforming Structures
Structures that were legally constructed prior to the adoption of this ordinance,but which could not be
constructed under the terms of this ordinance are considered legal non-conforming structures.A legal
non-conforming structure may continue to exist subject to the following:
1.Non-conforming structures,or those pails of a structure that are non-conforming may not be
expanded either horizontally,or vertically.Alteration and expansions shall conform to all current
regulations.
2.The structure shall remain legal in all other regards except for the non-conformance that existed upon
adoption of the ordinance that made the structure non-conforming.
3.A non-conforming structure,which is not intentionally damaged,destroyed.or removed,may be
restored within one year from the date of the event.If the structure is not re-constructed in one year
all restorations and improvements shall be in compliance with applicable ordinances.The burden of
proof of date of damage or destruction shall be on the person proposing the restoration.
C.Non-conforming Uses
Use of land or structure that legally existed prior to the adoption of this ordinance,but which could not be initiated
under the terms of this ordinance is considered a legal non-conforming use.A legal non-conforming use of land or
structures may continue to exist subject to the following:
F4 IRHOPE Zovlr’G ORDJIV4IVcE 82
Page 143 of 246
Article VII Section D.
Non-conformities Non-conforming Lots
1.The use shall be restricted to the lot and building occupied by the use as of the effective date of the ordinance
creating the non-conformance.A legal non-conforming use shall not be extended to any other building or lot or
part of a lot.
2.A lawful non-conforming use that ceases for any reason for a period of more than 180 consecutive days shall
not be reinitiated unless it is in compliance with all ordinances,If a legal non-conforming use is replaced by a
conforming use,the legal non-conforming use shall not be reinitiated.
3.Any site characteristic of a use,whether conforming to this ordinance or a legal non-conforming use,in
existence prior to adoption of this ordinance (such as parking,landscaping,or driveways)shall be considered
legal.However,any change in use,expansion of the use,or expansion of the structure associated with the use
shall require all non-conforming site characteristics to be brought in conformance with this ordinance.
4.A change of a legal non-conforming use shall only be allowed if the change is to a conforming use or to a use
that is considered less non-conforming,as determined by the Director of Planning and Zoning,either in extent
of non-conformance or in intensity.
D.Non-conforming Lots
Where a lot,tract or parcel of land has an area or width that does not conform to the requirements of the district in
which it is located,the lot may be used for a detached single-family dwelling except in the M-l and M-2 Industrial
Districts.A sge detached single-family dwelling may be constructed on a non-conforming lot in an R-l,R-2,R
3,R-4,or R-5 Residential District provided the lot to be so used has a minimum area of four thousand (4,000)
square feet and a minimum lot width at the building line of forty (40)feet,provided it is located on a public sewer.
Yard requirements shall be modified subject to the following conditions:
1.On double frontage lots (interior lots abutting two (2)streets)the required front yard shall be provided on each
street.
2.The side yard requirements for non-conformingsubstandard lots of record may be reduced for each side yard at
the rate of one (1)foot for each four (4)feet by which the lot width lacks fifty (50)feet,provided in no event
shall such side yard be reduced to less than five (5)feet on each side.
3.The minimum front setback required for the district (and,on corner lots,the street side setback)shall not apply
to any lot where the average front building line(s)of the adjacent lot(s),is less than the minimum setback
required for the district.In such cases,the front building line may be the same as the average front building
lines(s)of the adjacent lot(s).In no case,shall the front building line be more than 5’less than the minimum
setback required for the district.
4.On corner lots,the street side yard shall be that part of the lot having its greatest frontage abutting that right-of-
way and the required setback shall be 20 feet,unless otherwise provided herein.
E.Maintenance of Non-conformities
In the interest of public safety and health,and general welfare,routine maintenance of non-conforming situations
shall continue as warranted by the property owner or otherwise required by law,provided that no maintenance
involves continuance or expansion of the non-conformity contrary to this Article.
F.Adjacent Land
The presence of a non-conforming use in a zoning district shall not be allowable as grounds for the granting of
variances for other surrounding properties by the Board of Adjustments.
FAIRHOPE ZONING ORDINANCE 83
Page 144 of 246
Article [‘III Section A
Enforcement Penalties
Article VIII
Enforcement
A.Penalties
B.Remedies
C.Appeal
A.Penalties
Any person violating any provision of this ordinance shall be fined upon conviction,not less than twenty-five
dollars (S25.00)nor more than two hundred fifty dollars (S250.00)and court costs for each offense.Violation of
any provision of this ordinance may also be punished by issuance of municipal offense ticket as provided by Chapter
10 of the Fairhope (‘ode of Ordinances.
B.Remedies
In case any building or structure is erected,constructed,reconstructed,altered,or converted,in violation of this
ordinance,the building inspector,legal officer,or other appropriate authority or any adjacent or neighboring
property owner who would be specially damaged by such violation may.in addition to other remedies,institute
injunction,mandamus,or other appropriate action or proceeding to prevent such unlawful erection,construction,
reconstruction,alteration,conversion,maintenance,or use;or to correct or abate such violation:or to prevent the
occupancy of the building.structure,or land.Each and every day such unlawful erection,construction,
reconstruction,alteration,conversion,maintenance,or use continues shall be deemed a separate offense.
C.Appeal
If,after notification of a zoning violation the individual or corporation elects to apply for a zoning variance,the
applicant must complete all notification requirements of the variance application process within ten (10)business
days of notification of the violation.Written notification of the proposed variance shall be postmarked to the
required surrounding property owners within ten (10)business days and in addition,such other public notification as
required shall have been provided by the applicant.Should the applicant be unable to comply with this provision he
shall provide a written explanation through the building inspector to the Board of Adjustments.Failure to do either
shall be interpreted as a withdrawal of the appeal and shall subject the applicant to immediate compliance with this
ordinance.
F.-i1RIIOPE ZONING ORDJN-1’vcE 84
Page 145 of 246
Article IX Section A
Definitions and Interpretation Interpretation
Article IX
Definitions and Interpretation
A.Interpretation
B.Description of Uses
C.Defined Terms
A.Interpretation
All words shall have the customary dictionary meaning,unless specifically defined or described by this Article or
unless context requires a different meaning.The present tense includes the future tense and the future tense includes
the present tense.The singular number includes the plural and the plural includes the singular.Graphics,tables and
commentary boxes used in this ordinance are to aid interpretation of the text,unless otherwise specifically stated.In
the event of a conflict or ambiguity between a graphic,table or commentary box and the text,the text shall control.
B.Description of Uses
This section contains descriptions associated with the use of land.Where a use is not specifically listed but meets all
of the characteristics of the use description or meets all of the characteristics of a use that is specifically listed,the
Director of Planning and Zoning may interpret the ordinance as allowing the use.Where a use is similar,but does
not meet all of the characteristics,is different in scope,or is different in impact from the characteristics described or
a specific use listed,the Director of Planning and Zoning shall find that the use is similar but not consistent with the
use description and specifically described use and it shall be referred to the Board of Adjustment for an
interpretation and decision consistent with the intent of this ordinance.Any other uses that are different from those
described and not anticipated by this ordinance,but may be allowed by a zoning text amendment.
The following use definitions and descriptions are grouped into seven general use categories:1)Dwellings;2)Civic;
3)Office;4)Retail;5)Service;6)Manufacturing;and 7)Rural.Each general use category is either described or
defined,followed by specific uses or a more specific use classification within that category.
1.Dwelling Use Category -
The Dwelling Use categor’includes all types of living arrangements .A”dwelling”or “dwelling unit”is any
building,portion thereof,or other enclosed space or area used as or intended for use permanently or temporarily
as the home of one family,with separate cooking and housekeeping facilities.
a.Single Family Duelling—a detached Bhuilding with only one Dwelling Unit dwelling designed for and
occupied by one family.
b.Two Family Dwelling —a detached Bbuilding with only two Dwelling Units dwelling units designed for
and occupied by or for occupancy by two Ffamilies.
c.Townhouse —a Dwelling Unit dwelling unit attached to a series of other dwelling units by not more than 2
vertical party walls,and where each unit maintains an individual entrance from the exterior of the building
and is on its own lot.
FAIRHOPE ZONING ORDINANCE 85
Page 146 of 246
.1riicle IX Section B
Definitions and Interpretation Description of Uses
d.[keservej Tounhou’t’a vroun 01 anacneu uweuine umis mecnno me townngus ueiiniuon.
are on a
e,Patio Gardeti 1-lome —a detached Dwelling Unit dwelling unit located on its own lot,having only one side
yard required or detached Bbuilding with only two Dwelling Units dwelling units designed for and
occupied by two families,with a small courtyard.patio or side yard required for each Dwelling Unit
dwelling unit.
f.t!u/tiple_Fa,nily/Apartment
—a building or buildings with three or more Dwelling Units dwcllmg units
designed for or occupied by three or more families with separate cooking and housekeeping facilities for
each,where either the units share a common entrance from the exterior of the Bbuilding or any single
Dwelling Unit u+i-ts has a common wall or floor with more than two other Dwelling Units w-i4s.
g.ilanufactured Hotne —a structure that is governed by the federal manufactured home construction and
safety standards established by the National Manufactured Homes Construction and Safety Standards Act,
42 U.S.C.Section 5403.
h..tjanufac/ured I-Ionic Development —any plot of ground upon which two or more manufactured homes,
occupied for dwelling purposes.are located,regardless of whether or not a charge is made for such
accommodation.
i..tlanu/actuied Home Space —a plot of ground within a manufactured home development designed for the
accommodation of one manufactured home.
.tlixed t se Building—a building designed for one or more other uses in addition to one or more Dwelling
Units dv.elling units that are not accessory to any of the other uses.
k cessoIi Duelling Lull a Dwelling Unit dwelling umt that is associated with and incidental to a
principal use,and is on the same lot as the principle principal use.
I.Esiuw Dwelling a single family uwei inc unit located on a lot within a block that meets the stanuarus 01
the F”1”Subdivision Regulations,unu mc jut is ai ieast -oi mc area of that block or U of an”
whiehe er is larger.At least three (3)acres.
2.Civic Use Category
The Civic Use category includes uses serving a broad and general public interest to enhance daily community
life for adjacent land owners and residents,which are typically nm by a government entity,not-for-profit
agency or association,religious or charitable institutions,or similar philanthropic organizations.
a.Elementary School—an education facility for grades K through 8.
b.Secondart School—an education facility for grades 9 through 12.
c.Education Facility —a place of general education for students beyond grade 12.It may include vocational
training,continuing education,or education campuses.
d.Library —an establishment offering educational resources and is open to the public.
e.Place of ttorship —an establishment that conducts organized religious services and assemblies.
f.Cemetery —land used or intended to be used for the burial of the animal or human dead and dedicated for
cemetery purposes,including crematories,mausoleums,and mortuaries if operated in connection with and
within the boundaries of such cemetery.
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Article IX Section B
Definitions and Interpretation Description of Uses
g.1-Jospital an establishment providing health service,medical and surgical care,and room and board to
persons suffering from illness,disease,or injury,including supporting facilities such as laboratories,
outpatient facilities,and training facilities.
h.Public Open Space —any space dedicated for public use,exclusive of rights-of-way and easements,and
open from the ground to the sky.Public open space does not include any impervious surfaces designated
for automobile use.
i.Common Open Space —any space dedicated for common use by a group of citizens due to property
ownership,residency,or patronage of facilities associated with the open space,exclusive of rights-of-way
and easements,and open from the ground to the sky.Common open space does not include any
impervious surfaces designated for automobile use or any required yard or setback.
j.Community Center or Club —a building or portion thereof or premises owned or operated for a social,
literary,political,educational,or recreational purpose primarily for the exclusive use of members and their
guests.
k.Public Utility —a use of any structure,land,or infrastructure by a regulated enterprise or franchise to
provide a service to all members of the general public that is deemed essential for the public health,safety,
and welfare.Review by the Planning Commission,in accordance with Section 11-52-11 of the Code of
Alabama,for review of compliance with the Fairhope Subdivision Regulations and Comprehensive Plan,
may be required for all public utility facilities.
3.Office Use Category
The Office Use Category consists of the use of buildings for administrating the business of professional firms,
organizations,or government,whose products or services are of the nature that generally do not involve the
frequent and intensive interactions with clients,customers,or patrons on the premises,and where delivery of
the product does not necessarily need to occur on the premises.
a.General—any building used for the administrative affairs of a firm,organization or government.
b.Professional —a building occupied by a profession and offering professional services to clients,customers,
or patrons which may involve occasional on-site contact with clients,customers or patrons.Examples
include architect,accountant,real estate,engineer,lawyer,or other similar professions.
c.Home Occupation —an operation for gain or support conducted only by members of a Ffamily residing on
the premises limited in its use and not in a manner detrimental to the character of the surrounding
neighborhood.
4.Retail Use Category
The Retail Use Category consists of businesses that sell merchandise to consumers for use off premises.
a.Grocery —a business engaged primarily in the retail sale of food for home consumption,but may also
include accessory sales of household products.
b.Convenience Store —a business engaged in the retail sale of food and household products for consumption
off premises and characterized by the rapid turnover of customers.
c.General Merchandise —a business primarily engaged in the sale of merchandise for consumer use off of the
premises.This use excludes any more specifically described use.
d.Shopping Center —a group of two or more retail and service establishments consisting of over 18,000
square feet on the ground floor and located on commonly owned property or sharing the same parking
facilities.
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Article IX Section B
Definitions and Interpretation Description of Uses
e.-lutomohile Service Station —any building ot land used for retail sale and dispensing of automobile fuel.
Vehicle lubricants,supplies,accessories,and minor services may be offered if incidental to the sale of fuel
and no more than three (3)interior vehicle storage and service bays are provided.
f.Garden Center any retail sales of plants that require outdoor storage of merchandise at any time of the
year.
g.Outdoor Soles Limited—a retail use where a minor portion of the merchandise,both in area and in business
value,is typically stored outside during business hours.
h.Outdoor Sales Lot —a retail use where a significant portion of the merchandise,either in area or in business
value,is typically stored outside during business hours.
5.Service Use Category
The Service Use category is for businesses that offer clients,customers,or patrons goods for consumption on
the premises,or offer services for performance and delivery on the premises.
a.Convalescent or .Vursing home —a business providing living accommodations and care for persons
suffering from illness,other than mental or contagious,which is not of sufficient severity to require
hospitalization,or for persons requiring further institutional care after being discharged from a hospital,and
where non-resident staff is present for more than eight (8)hours pci day.
b.Clinic —a place used for the care,diagnosis and treatment of ailing,infirm,or injured persons.and those
who arc in need of medical and surgical attention,but who are not provided with board.
c.Outdoor Recreation Facility —a business primarily engaged in the provision of outdoor sports.
entertainment,or similar recreation opportunities for participants or spectators.
d ..‘ilortuary or Funeral Hone —an establishment used for the preparation of deceased humans and
ceremonies prior to burial or cremation.
e.Day Care —a business providing for the day care andior instruction of non-resident children.
f.General Personal Services —a business that provides including uses such as post office,bank,barber shop
or beauty salon,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.
g..utomobile Repair —the repair,rebuilding or reconditioning of motor vehicles or parts thereof,including
collision service,painting,and steam cleaning of vehicles.Vehicle lubricants,supplies,and accessories
may be supplied and sold at retail.
h.Indoor Recreation Facility —a business engaged in the provision of indoors sports,entertainment,or
similar recreation opportunities for participants or spectators..Examples of uses include roller skating
rinks,movie theaters,or fitness clubs.
i.Dry C/cane,Laundry —a business engaged in cleaning clothes,fabrics,or upholstery on-site either by
drop-off and pick-up by customers or through delivery services.
j.Personal Storage —a business offering separate storage areas leased or rented on an individual basis.
k.Bed and Break ftist or Tourist Home —a business where lodging and/or meals are provided incidental to a
pi’i+wi-$e principal single-family dwelling,where no cooking or dining facilities are provided in individual
rooms,and where the owner resides on the premises.
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Article IX Section B
Definitions and Interpretation Description of Uses
1.Hotel or Motel —a business where lodging services,including accessory uses such as eating and drinking
facilities,recreation facilities and parking,are provided.Lodgings may consist of sleeping rooms only or
may include cooking facilities also,but are not intended for long-term occupancy.
m.Boarding House or Dormitoy —a business where lodging and/or meals are provided,where no cooking or
dining facilities are provided in individual rooms,and where an owner or manager resides on the premises.
These Regulations shall apply to any Boarding House or Dormitory prior to March 24,2025.No new
requests for a Boarding or Dormitory will be accepted after March 24,2025.
n.Recreational Vehicle Park —a development providing rental spaces for recreational vehicles such as a
trailer,camper,or motor home on a short-term basis,including accessory recreation and service facilities
for the use of the tenants.
o.Restaurant —a business serving prepared meals for consumption on the premises,which may include an
accessory bar,carry out,drive-through,or catering services.
p.Bar —a business serving alcoholic beverages,which may include accessory food and entertainment
services.
q.Entertainment Venue —a business where floorshows or other forms of entertainment by persons are
provided for guests,which may include accessory dining,bar,and similar refreshment services.Examples
include concert halls,dinner theaters,or banquet halls.
r.Marina —a business providing boat storage and services on the water.
s.Kennel or Animal Hospital any business where four (4)or more dogs over four (4)months of age are kept
for general boarding or medical care.
t.Warehouse —a business where a major portion of the floor area is used for storage of goods,products,or
parts for distribution at bulk retail or wholesale,or where the storage is a service provided for a fee.
u.Junk Yard or Salvage Yard —a structure or lot where discarded or salvaged materials are bought,sold,
exchanged,baled,packed,stored,accumulated,disassembled,or handled.This definition shall not include
properly licensed establishments for the sale,purchase,or storage,of usable second-hand goods.Nor shall
it apply to the processing of used,discarded,or salvaged materials as part of properly licensed
manufacturing operations.
v.Wholesale Establishment —business establishments that generally sell commodities in large quantities or by
the place to retailers,jobbers,other wholesale establishments,or manufacturing establishments.These
commodities are basically for further resale,for use in the fabrication of a product,or for use by a business
service.
6.Manufacturing Use Category
The Manufacturing Use Category is for businesses engaged in economic activity involving construction,
production,processing,transformation,warehousing,wholesale,and disposal of goods,products,and
component parts of goods and products,including related services.These uses typically belong in a special
district due to their inability to blend with the uses from other use categories.
a.Limited —any small scale manufacturing use that has a retail or service component and which presents no
outward,visible,or perceptible presence on manufacturing activity.
b.Light —a business engaged in fabrication,processing,or assembly of finished products or parts,
predominantly from previously prepared materials,including accessory packaging,incidental storage,
sales,and distribution of products.
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Article IX Section B
Definitions and Interpretation Description of Uses
c.Ge,,eral —a business that transforms raw materials through mechanical,chemical or physical processes.
into component parts or ingredients for subsequent use in light manufacturing or wholesale.
d.1/cart —mass production or extraction of raw materials for subsequent use in general or light
manufacturing,including uses such as mining,quarrying,agricultural feed lots,and other potentially
noxious uses.
e.Food Processing —the preparation,storage or processing of food products on a large scale for wholesale.
Examples of these activities include bakeries,dairies,canneries,and other similar activities or businesses.
7.Rural Use Category
The rural use category is for uses that are commonly associated with an agrarian or rustic lifestyle,and which
demand little or no public infrastructure or services.
a .-Igricu/ture —the use of land for farming,dairying,pasturage,agriculture,horticulture,floriculture,
viticulture and animal poultry husbandry and the necessary accessory uses for packing,treating,or storing
the produce.The operation of any such accessory uses shall be secondary to that of normal agricultural
activities.Agriculture uses shall not include the commercial feeding of garbage or offal to swine or other
animals.
b.Plant .\urseri’—land,building,structure or combination thereof for the storage,cultivation,transplanting
of live trees,shrubs or plants offered for retail sale or wholesale on the premises including products used
for gardening or landscaping.
c.Rural lIo,’kei —a business for the retail sale of agricultural products produced on site and operated without
any additional site facilities than are otherwise associated with agriculture use.Roadside stands,truck sales
or barn sales are examples of such uses:however,the intensity and frequency of such sales shall be so that
no additional parking.roads,structures,warehouses or other storage facilities are necessary on the site.
8.General Use Definitions and Descriptions
The following use definitions or descriptions do not fit into any single use category,but apply generally
throughout this ordinance.
a .-lccessort Use —a use that is customarily incidental to the principal use,is typically maintained and
operated as part of the pf4H€4p1e principal use,is subordinate to the principle principal use,and is located on
the same lot as the principle principal use.
b ..irpo,I —any runway,land area or other facility designed and used either publicly or privately by any
person for the landing and taking off of aircraft,including all necessary taxiways.aircraft storage and tie
down area,hangars and other necessary buildings,and open spaces.
c.Fixed Duelling —a dwelling unit (or structure containing several units)attached to a permanent foundation.
d.Garage.Private —a building or part thereof designed and/or used for inside parking of motor vehicles by
the occupants.patrons or other users of the principal structures on the premises.
e.Garage.Public —a building or part thereof designed or used for indoor or partially indoor (covered)
parking of motor vehicles,operated as a commercial enterprise,accessory to a commercial enterprise,or as
a governmental service and providing only incidental services for such vehicles.
f.Lodging —a business where overnight accommodations are provided for transient guests where
compensation is provided on a daily or weekly basis.
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Article IX Section C.
Definitions and Interpretation Defined Terms
C.Defined Terms
Accessoiy Structure.A structure on the same lot with,and of a nature customarily incidental and subordinate to,the
principal use or structure.
Alteration,Building:Any change in the supporting members of a building (such as bearing walls,beams,columns,
and girders),except such change as may be required for its safety;any addition to a building;or any changes in use
resulting in moving a building from one lot to another or to a different zoning district.
Arterial Street.-A highway or street of considerable continuity,providing direct and continuous connections to
points along its route through various modes of transportation,interrupted only by major community destinations or
topographical obstacles.
Arqjlcial Wetland.-A constructed shallow area designed to emulate the natural functions of a wetland including
evaporation,infiltration,and storage of runoff,sedimentation,and other aquatic functions,which has been
recognized and approved as a “Best Management Practice.”
Basement:A story all or partly underground but having at least one-half of its height below the average level of the
adjoining ground.
Bio-Jilter:A stormwater management facility that treats stormwater by filtration through vegetation,which has been
recognized and approved as a “Best Management Practice.”
Bioretention:This technique removes pollutants in stormwater runoff through adsorption,filtration,sedimentation,
volatilization,ion exchange,and biological decomposition.A Bioretention Cell (BRC)is a depression in the
landscape that captures and stores runoff for a short time,while providing habitat for native vegetation that is both
flood and drought tolerant.BRCs are stormwater control measures (SCMs)that are similar to the homeowner
practice,of installing rain gardens,with the exception that BRCs have an underlying specialized soil media and are
designed to meet a desired stormwater quantity treatment storage volume.Peak runoff rates and runoff volumes can
be reduced and groundwater can be recharged when bioretention is located in an area with the appropriate soil
conditions to provide infiltration.Bioretention is normally designed for the water quality or “first flush”event,
typically the first 1”-1.5”of rainfall,to treat stormwater pollutants.
Block:A division or parcel of land entirely surrounded by public highways or streets,other rights-of-way,or other
boundaries as specified in the Fairhope Subdivision Regulations.
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.
Building:Any structure attached to the ground and intended for shelter,housing,or enclosure of persons,animals,or
chattels.
Build-to line:The line specified as a distance from the right-of-way or other public easement at which structures are
required to be constructed for some portion of the lot.
Building line:The actual line at which a building on a lot is constructed.
Building,Height:The vertical distance measured from the average elevation of the lot front of the Building
to the meffl+highest point of the roof of the Bbuilding.
Building Official:The building official of the City of Fairhope who is appointed by the City and is charged with
enforcement of this ordinance with the Director of Planning and Zoning.
FAIRHOPE ZONING ORDINANCE 91
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Article IX Section C.
Definitions and Interpretation Defined Terms
Building.Principaf A structure for occupancy in which is conducted the main or principal use of the lot.
Caterer:Any person entity who operates from a permitted food facility where food is prepared or stored then
delivered andor served off-premise.
Central Business District That area of the City designated as the business center of the area and within the
following boundaries:From one lot back (refers to typical lot depth,see map)from the South side of Morphy
Avenue to one lot back from the North side of Oak Street and from one lot back from the East side of Bancroft
Street to one lot back from the West side of Church Street (Reference Map).
Channel A natural or artificial watercourse of perceptible extent,with bed and banks to confine and conduct
continuously or periodically flowing water.
Clear Sight Distance:The area near intersections regulated by the Fairhope Subdivision Regulations for proper
lines of sight within which no visual obstructions may be placed,or when applied by this ordinance to private
property,the area near driveway access lanes or driveway aisles where the proper lines of sight are regulated in the
same manner as the Fairhope Subdivision Regulations.
Collector Street:A street of moderate continuity,providing direct and continuous access to points along its route
through various modes of transportation,interrupted occasionally by neighborhood destinations or topographic
obstacles,and used primarily for access between local streets and arterial streets.
Commercial I ihicle:Any vehicle designed and used for transportation of people,goods,or things,other than
private passenger vehicles.
Co,n,nission The Fairhope Planning Commission.
Comprehensive P/a,,:Any plan or program adopted by the city for the physical,systematic,and orderly
development of the city and its planning jurisdiction with particular regard to streets,parks,industrial and
commercial undertakings,civic beauty and other matters properly within the police power.This also includes that
Fairhope Comprehensive Plan adopted by the Planning Commission of the City of Fairhope,Alabama on November
4,2024,as amended and as the same shall hereafter be altered,amended,modified and/or replaced from time to
time.
Condominium A form of property ownership where the land under buildings and the open spaces around buildings
is in single ownership for the common use of building owners or tenants.
Deck:An extension of a building or Dwelling Unit dwelling unit attached at or below floor level and having no
walls or roof:railings may be provided includes the term balcony.
number o n’r acre
a.Gross Density the number of dwelling units per acre of the total land to he devInn1
b.Net Density the number of dwcllmu units per acre of land when the acreauc
land devoted to residential uses.
Densin.(;ios.s the number of Dwelling Units per acre of the total land to he developed.Gross Density is measured
by di iding the total land area by the number of Dwelling Units.
De,,siti..\et:the number of Dwelling Units per acre of land when the acreage invoked includes only the land
devoted to residential uses.Net Density does not include public or private streets,wetlands,public rights-of-way,
watercourses,floodways.stormwater ponds,or undevelopable land based on topography or physical constraints.
Director of Planning and Zoning:The official of the City who is charged with enforcement of the provisions of this
ordinance.
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Article IX Section C.
Definitions and Interpretation Defined Terms
District:A section of the area zoned,within which the zoning regulations are uniform.
Driveii’ay Access Lane:The principal means of vehicular ingress and egress from the right-of-way to a lot.
Driveway Aisle:A vehicular circulation lane internal to a site exclusive of the ingress and egress from the right-of-
way.
Diy Well:A cavity of sufficient size,filled to the surface with compacted rocks to allow water storage capacity.
Dry Swale:A shallow stormwater management facility designed to store or convey excess runoff in a large storm
event for gradual evaporation and infiltration,but does not retain water in normal storm events or dry periods.
Dwelling Unit:A room or group of rooms,providing or intended to provide living quarters for not more than one (1)
Family.All rooms within the Dwelling Unit shall have internal access,and the Dwelling Unit shall have no more
than one electrical meter.
Easement:A grant by a property owner of the use of land for a specific purpose or purposes by the general public or
a corporation or a certain person or persons.
Erected:To cause to be built,constructed,reconstructed,moved upon or any other physical operations such as
excavations,fill,or drainage on the premises required for building.
Expansion,Building:The addition of enclosed or unenclosed rooms or storage spaces,porches,structures or parking
area to an existing building.
Expansion,Use:The increase in area of land or structure that serves a particular use.
Family:One (1)or more persons occupying a single Dwelling Unit dwelling unit and using common cooking
facilities,provided that,unless all members are related by blood,adoption or marriage,no such family shall contain
over five (5)persons.
Family (Home Occupation):For purposes of home occupations,Ffamily is defined as only those persons related by
blood,marriage or adoption and using common cooking facilities within a single Dwelling Unit dwl1ii+g-unit.
First Flush:This is the given volume of water generated in the drainage area from the first 1”to 1.5”of rainfall.
Flood:A temporary rise in stream or surface water level that results in inundation of areas not ordinarily covered by
water.
Flood Frequency:The average frequency statistically determined,for which it is expected that a specific flood level
may by equaled or exceeded.
Floodit’ay:That portion of the flood plain,including the channel,which is reasonably required to discharge the bulk
of the regional floodwaters.Floods of less frequent recurrence and non-inundating are usually contained completely
within the floodway.
Flood Plain:Those areas defined by the U.S.Geological Survey of the U.S.Army Corps of Engineers as subject to
flooding once in one hundred (100)years,based on topography and FEMA;and further including any areas as may
be designated at a future date by regulatory authority of such times.
Floor Area Ratio (FAR:The Gross Floor Area for all Buildings on a Lot or Parcel (as determined by the applicable
Gross Floor Area definition)divided by the gross area of such Lot.
Frontage,Building:The outside wall surface of a building,excluding porch or deck,nearest to the front lot line.
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-I rude IX Section C.
Definitions and Interpretation Defined Terms
Frontage The area of a lot made up of the front building façade and any area between the front building façade and
the front lot line.
General Personal Sen-ices: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 set-vice that is more specifically described is excluded from this use.
Gross Iioor tica The sum of the gross horizontal areas of the several floors of a Building,including interior
balconies and mczzanines.and any exterior open porches or galleries which serve as an extension of those activities
conducted within the enclosed Structure;all horizontal dimensions shall he measured between the exterior faces of
walls,including the walls or railings of roofed porches.The gross floor area of a Building shall include the floor
area of accessory Buildings on the same lot,measured the same way.
Groiiiitl Corer:Natural (mulch)or low growing plants other than deciduous varieties installed to form a continuous
cover over the ground.
Heritage Tree:Any live tree greater than or equal to twenty inches (20”)in diameter at breast height (DBH).
Breast height is established as the height of the trunk of a tree fifty-four inches (54”)above grade.
Jlonjeoirne,-s -Issoc lotion or .-lssocia(jon:An incorporated,non-profit organization operating under recorded land
agreements through which.(a)each lot and/or home owner in a planned or other described land area is automatically
a member,and,(b)each lot is automatically subject to a charge for a proportionate share of the expenses for the
organization’s activities,such as maintaining a common property,and (c)the charge if unpaid becomes a lien
against the property.
Lot.Coiner A lot abutting upon two (2)or more streets at their intersection or upon txvo (2)parts of a street which
form an interior angle of less than one hundred thirty-five (135)degrees.The point of intersection of the right-of-
way lines is the corner.
Lot.Doithle Frontage or Through A lot or plot,but not corner lot that abut upon two streets,the two frontages
being noncontiguous.
Lot,lnte,’io,:A lot other than a corner lot.
Lot,Depth:The mean,(average)horizontal distance between the front and rear lot lines,measured at right angles to
the front right-o f-way lines.
Lot ltidth The mean.(average)horizontal distance between the side lot lines,measured at the right angles to the lot
depth.A minimum lot width shall be applied at the front setback line.
Lot fine.Front:On an interior lot,the lot line abutting a street;on a corner lot,the shorter lot line abutting a street:
on a through lot,the lot line abutting the street providing the primary means of access to the lot:on a flag lot,the
interior lot line most parallel to and nearest the street from which access is obtained:or on a waterfront lot,the lot
line abutting the water.
Lot Line.Rear The lot line opposite to and most distant from the front lot line.
Lot Line,Side Any lot line other than a front or rear lot line.A side lot line of a corner lot separating a lot from a
right-of-way is called a side street lot line .A side lot line separating a lot from another lot is called an interior lot
line.
Lot of Record A lot,which is a part of the recorded plat or a plot,described by metes and bounds,the map andor
description of which has been recorded according to Alabama law.
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Article IX Section C.
Definitions and Interpretation Defined Terms
Master Plan:Any portion of the Comprehensive Plan adopted by the Planning Commission for the physical
development of the City and areas outside the boundaries,which bear relation to the planning of the municipality.
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.
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.
Parking Space or Parking Lot:An area reserved for temporary storage of motor vehicles.
Pcnt’n 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 principal 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.
P/at:A map,plan or layout of a county,city,town,section or subdivision indicating the location and boundaries of
properties.
Planned Unit Development:A planned unit development (1)is land under unified control,planned and developed as
a whole in a single development operation or approved programmed series of development operations for dwelling
units and related uses and facilities;(2)includes principal and accessory uses and structures substantially related to
the character of the development itself and the surrounding area of which it is a part;(3)is developed according to
comprehensive and detailed plans which include not only streets,utilities,lots,or building sites and the like,but also
site plans,floor plans,and elevations for all buildings as intended to be located,constructed,used,and related to
each other,and detailed plans for other uses and improvements,facilities,and services as will be for common use by
some or all of the occupants of the planned unit development but will not be provided,operated or maintained at
public expense.
Porch:A roofed-over or open space attached to the outside of an exterior wall of a building,which has no enclosure
other than the exterior walls of such building.Open mesh screening shall not be considered an enclosure.
Rain Garden:A shallow depression in a landscape that captures water and holds it for a short period of time to allow
for infiltration,filtration of pollutants,habitat for native plants,and effective stormwater treatment for small-scale
residential or commercial drainage areas.Rain gardens use native plants,mulch,and soil to clean up runoff.
Recreational Vehicle:A self-propelled vehicle used for temporary housing of individuals and families during travel.
This includes campers,camping trailers,motor homes and smaller mobile manufactured homes (up to a length of
twenty-eight (28)feet exclusive of hitch)capable of being towed by a passenger motorcar.
Regu/atoiy Flood:The flood which is representative of large floods known to have occurred generally in the area
and reasonably characteristic of what can be expected to occur.The regulatory flood generally has a flood
frequency of approximately one hundred (100)years as determined from an analysis of floods at a particular site and
other sites in the same general regions (See Ordinance No.1643).
Regu/atoiy Flood Protection,Elevation:The elevation of the regulatory flood plus one (1)foot of freeboard to
provide a safety factor.
FAIRHOPE ZONING ORDINANCE 95
Page 156 of 246
.4rliclc IX Section C.
Definitions and Interpretation Defined Terms
Right-of-Itai A strip of land taken or dedicated for use as a public way.In addition to the roadway it normally
incorporates the curb,lawn strips,sidewalks,lighting,and drainage facilities,and may include special features.
(required by the topography or treatment)such as grade separation.landscaped areas,viaducts and bridges.
Roofiop Terrace:A outdoor amenity area located on the roof of a building.A rooftop terrace shall be accessory to
the primary use of the building.Individually owned and operated businesses or venues shall not occupy a rooftop
terrace.
Seat:For purposes of determining the number of off-street parking spaces for certain uses,the number of seats is the
number of seating units installed or indicated or each twenty-four (24)lineal inches of benches,pews,or space for
loose chairs.
Setback Line A line established by the subdivision regulations and/or this ordinance,generally parallel with and
measured from the lot line,defining the limits of a yard in which no building,other than accessory building,or
structure,may be located above ground.
Sewers.Pub/ic or (‘o,n,nunilv:An approved sewage disposal system,which provides a collection network and
disposal system and central sewage and treatment facility for a single community,development,or region.
Sewers.On-Site:A septic tank or similar installations on an individual lot which utilizes an aerobic bacteriological
process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of
the effluent,subject to the approval of health and sanitation officials having jurisdiction.
Short-Term Rental:Includes any person,firm,entity,partnership,trust,corporation,association or organization that
is renting a dwelling for less than 30 days are not allowed in R-l,R-2 and R-3.Short-term Rentals shall only be
allowed in the R-4,R-5.B-l,B-2,B-3a and B-3b zoning districts and within the Central Business District.Short-
term rentals shall be subject to the Business License Code of the City of Fairhope.
Shrub:A woody perennial plant differing fiom a perennial herb by its persistent and woody stems and from a tree
by its low stature and habit of branching from the base.
Sign:Any words,lettering,parts of letters.figures,numerals,phrases,sentences,emblems,devices,designs,trade
names or marks or combination thereof,by which anything is made known,such as the designation of an individual,
a firm,an association,a profession.a business,a commodity,or product which are visible from any public way
and/or used as an outdoor display.
Sign..-l-Fra,ne.A-Frame Signs are allowed only within the City of Fairhope Central Business District.A-Frame
Signs are designed to stand on their own,either on public or private property.A-Frame Signs are hinged at the apex
to be folded into a sandwich position.A permit is required from the City of Fairhope.
Sign.Building.A sign attached in any manner against or to a building or appurtenance of a building.
Sign.C’onstruciion.Any sign listing principal contractors,architects and any establishments for the construction site
where the sign is placed.
Sign.(‘opi.The wording on a sign surface in either permanent or removable letterform.
Sign,Directional:A sign permanently or temporarily erected by or with approval of any authorized government
agency to denote the route to any city,town or village,historic or religious place,shrine,public building.or hospital
and signs directing and regulating traffic;public safety signs;sign or notices of public places of public and civic
meetings and signs giving the name of the owner,lessee,or occupant of the premises or the street number.
Sign.Double-/aced:A sign having two (2)display surfaces,displaying the same copy,which are attached parallel
and back to back,not more than twelve (12)inches apart.
Fi IRHOPE ZONING ORDIN4NCE 96
Page 157 of 246
Article IX Section C.
Definitions and Interpretation Defined Terms
Sign Face:The area of a sign including the entire surface on which the copy is placed.
Sign,Freestanding:Any sign,which is supported by structures or supports in or upon the ground and independent
of support from any building.
Sign,Height:The vertical distance from the finished grade at the base of the supporting structure to the top of the
sign,or its frame or supporting structure,whichever is higher.
Sign,Incidental:A sign providing no advertising other than a logo or name and necessary only for assuring safe
ingress,egress,circulation,or other safety-related communications.
Sign,Indirectly Illuminated:A sign designed or arranged to reflect light from an artificial source external to the sign
face.
Sign,Internally Illuminated:A light source,which is enclosed within the sign and viewed through a translucent
panel.This type of illumination is often referred to as direct.
Sign,Non-Conforming:Any sign,which does not meet the requirements of this ordinance.
Sign,Off Site:A sign relating its subject matter or any portion thereof to the premises other than the premises on
which it is located.
Sign,On Site:A sign relating its subject matter to the premises on which it is located.
Sign,Permanent:A sign affixed to a building or the ground.
Sign,Real Estate:A sign which advertises the sale,rental,or development of the premise upon which it is located.
Sign,Roof Any sign erected,constructed,and maintained with the principal support on the roof structure.
Sign,Sandwich:Any double-faced sign,which may readily be moved from place to place.
Sign,Shopping Center:A ground sign identifying a shopping center by name only.
Sign,Snipe:Any sign of any material whatsoever that is attached in any way to a utility pole,tree,fence post or any
similar object located or situated on public or private property,not otherwise exempt.
Sign,Structure:Any construction used or designed to support a sign.
Sign,Subdivision:Any sign designed to identify a subdivision or neighborhood.
Sign,Suiface Area:The surface area of a sign shall be computed for the entire area within the periphery of a regular
geometric form,or combination of regular geometric forms,comprising all of the display area of the sign,and
including all of the elements of the matter displayed.The surface area of a sign shall be measured from the outside
edges of the sign or the sign frame or sign structure whichever is greater.
Sign,Temporaiy:A sign or advertising display intended to be displayed for a limited period of time,generally no
longer than a month.
Sign,Windoit’:Any sign placed inside or upon a window and which is intended to be seen from the exterior.
Special Exception:Permission granted by the Board of Adjustment for a use indicated in this ordinance as a use
limited to a special exception procedure,subject to conditions specified in this ordinance and any conditions the
Board deems necessary to ensure that community interests are furthered by permission of the use.
FAIRHOPE ZONING ORDINANCE 97
Page 158 of 246
Article IX Section C.
Definitions and Interpretation Defined Terms
Sioii:That part of a building lying between floor and ceiling.For purposes herein,a story does not include attic
space entirely under a hip.gable or gambrel roof,whether or not such space is occupied.
S,’eet:That portion of the rieht-of-way paved for vehicular traffic.parking.or the shared use of bicycles.
.Structnre:Anything constructed or erected,the use of which requires a location on the ground.or attached to
something having a location on the ground.
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.
Lse or Principal Use.The specific purposes for which land or a building is designated,arranged,intended or for
which it is occupied.
ppei ,Sior Duelling:A D’sclling Unit intended for a single-family in Mixed Used Buildings in which no less than
90U of the first floor is occupied by Commercial Uses.
I ariances:A modification of the strict terms of the relevant regulations in a district with regard to placement of
structures,developmental criteria or provision facilities.Examples would be:allowing smaller yard dimensions
because an existing lot of record is of substandard size;waiving a portion of required parking and/or loading space
due to some unusual circumstances:allowing fencing and/or plant material buffering different from that required
due to some unusual circumstances.Variances are available only on appeal to the Board of Adjustments and subject
to satisfaction of the standards specified in this ordinance.
I egetated Suale.A shallow,open-channel stabilized with grass or other herbaceous vegetation designed to filter
pollutants and cons ey stormwater.Swales are applicable along roadsides,in parking lots,residential subdivisions,
commercial developments,and are well suited to single-family residential and campus type developments.‘Water
quality swales are designed to meet sheer stress targets for the design storm.may be characterized as wet or dry
swales.may contain amended soils to infiltrate stormwater runoff,and are generally planted with turf grass or other
herbaceous vegetation.
I ehicular Lse .4rea:Any ground surface area,excepting public right-of-ways,used by any type of vehicle whether
moving or at rest for the purpose of,driving,parking,loading,unloading,storage,or display,and other vehicular
uses under,on.or within buildings.
tisual Screen:A barrier of living or non-living landscape material,put in place for the purpose of separating and
obscuring from view those areas so screened.
IIaie,front Lot:Any lot or parcel adjacent to Mobile Bay.
Yard:A space on the same lot with a main building,open,unoccupied and unobstructed by buildings or structures
and open to the sky except where encroachments and accessory buildings are expressly permitted.
a.lard,Front A yard extending the full width of the lot and situated between the front lot line and the
building line projected to the sidelines of the lot.
b.lard.Rear:A yard extending the full width of the lot and the building line of the main building projected
to the sidelines of the lot.On all corner lots the rear yard shall be at the opposite end of the lot from the
front yard.
c.lard,Interior Side:A yard which is parallel to the side lot line and which extends from the front building
line to the rear building line.
F4IRHOPE ZONiNG ORDI\NQE 98
Page 159 of 246
Article IX Section C
Definitions and Interpretation Defined Terms
d.}‘ard,Street Side:A yard which is parallel to the right-of-way abutting the lot line of greatest dimension
and which extends from front building line to the rear building line.
e.Yard.Minimum Exterior or Required:That space remaining between the minimum required setback line
and the property line for a particular front,rear,interior side or street side yard.
FAIRHOPE ZONING ORDINANCE 99
Page 160 of 246
Appendix A
Applications and Submittal Requirements
Appendix A
Applications and Submittal Requirements
[Insert copies of all application
forms and submittal requirements]
F4IRHOPE ZONING ORDIN4NCE A-1
Page 161 of 246
AppendLv B
Map Amendment Ordinances
Appendix B
Map Amendment Ordinances
Ordinance No.Ordinance Date Qrdinance Description or Title
FAIRHOPE ZONING ORDINANCE B-i
Page 162 of 246
Appendix C
Text Amendment Ordinances
Appendix C
Text Amendment Ordinances
Ordinance No.Ordinance Date Ordinance Description or Title
1054 5/10/1999 Require Public Notice signs be posted on property being considered
for a zoning change
1058 7/26/1999 Regulations for communication towers and antennas —See Attached
1066 10/11/1999 Regulations for metal buildings along certain corridors in the City
1067 10/11/1999 Regulations for the construction of fences
1068 10/11/1999 Regulations for building heights in the Central Business District
1073 11/8/1999 Regulations for lighting for gas stations canopies
1087 7/10/2000 Amend and simplify the Planned Unit Development (PUD)District
1102 1/22/2001 Amend definition of building height
1127 6/1 1/200 1 Amend Single Family Residential Zoning District
1127 6/11/2001 Amend procedure for zoning newly annexed land
1131 7/9/2001 Amend Business District Requirements —Free-standing commercial
structures
1138 12/10/200 1 Establish height restrictions for the Airport Overlay District —See
Attached
1140 12/20/2001 Establish noise attenuation requirements for the Airport Overlay
District —See Attached
1140 12/20/2001 Regulations for the Use of property in the Airport Overlay District
—See Attached
1271 10/24/2005 Amend Table 3-2:Dimension Table —Lots and Principle Structure
1271 10/24/2005 Amend Site Plan Review procedures
1285 1/9/2006 Amend Non-conforming structures
1332 6/25/2007 Amend Table 3-2:Dimension Table —Lots and Principle Structure
1332 6/25/2007 Amend Screening,Lighting &Landscape material
1332 6/25/2007 Amend Central Business District —Sidewalks
1332 6/25/2007 Amend definition of family
1334 7/9/2007 Amend Storage &Parking of Trailers &Commercial Vehicles
1336 7/23/2007 Establish definition of Short-Term Rental
1360 5/12/2008 Establish definition of A-Frame Signs
1428 8/9/2010 Amend Signs
1433 8/27/20 10 Establish Tourism Resort District
1451 7/25/2011 Regulations for Pervious Parking
1452 8/8/2011 Regulations for Tree Preservation
1454 8/8/2011 Amend B-i Zoning District to allow Restaurants
1461 11/28/2011 Amend Table 2-1 Procedures—Site Plan
1464 12/12/2011 Establish Medical Overlay District
1497 7/11/2013 Amend Article III,Section D to allow for Body-Piercing Studios,
Non-Chartered Financial Institutions,Palm Readers,Pawn Shops,
Tattoo Parlors
1509 4/14/2014 Amend B-3a and B-3b to allow Multiple Family/Apartments
1511 4/28/20 14 Amend B-2 to allow Hotel/Motels
1547 9/14/2015 Deletion of Sign Regulations
1548 9/28/20 15 Amend Building Materials on Commercially Zoned Property
1550 10/12/20 15 Establish Low Impact Development Requirements —See Attached
1607 11/27/2017 Amend definition of Building Height
1611 1/8/2018 Amend Central Business District
1640 3/7/2020 Amend Public Utilities
1651 6/10/2019 Amend M-1 district to allow Restaurants
F4IRHOPE ZONING ORDIN4NGE C-i
Page 163 of 246
Appendix C
Text Amendment Ordinances
Ordinance No.Ordinance Date Ordinance Description or Title
1652 6/10/2019 Establish definition for Waterfront Lots and Specifications
1676 2/27/2020 Amend Director of Planning,Lot Coverage,Driveways,Accessory
Structure Separation,Fences,PUDs,and Non-Conforming
Structures
1696 12/23/2020 Establish Waterfront Lot Dimension Standards
1697 1/25/2021 Amend Non-Conforming Lots
1702 2/22/2021 Establish Highway Transitional District
1719 8/9/202 1 Amend Article V,Section B.3 to allow short-term rentals in the
_____________
CBD.
1720 8/9/2021 Amend Article V,Section B to add that 50%of ground floor of a
building in CBD shall be dedicated to commercial uses.
1744 3/4/2022 Article III,Section C.2,Table 3-3:Dimension Table —Residential
Accessory Structures,amended to add 2nd footnote.
1748 4/11/2022 Article V,Section B.CBD amended to allow Rooftop Terraces.
Article IX,Section C.adding Defined Term for Rooftop Terrace.
1805 8/12/2024 Article V,Section H.3.G:establish the Medical Overlay District -
MO
‘1825 3/24/2025 Article III,Section B.Table 3.1 —Remove Boarding
House/Dormitory Use as an allowable use
FAIRHOPE ZONING ORDINANCE C-2
Page 164 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-19
FROM: Richard Johnson, CITY ENGINEER
George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: The public forever the roadway Dovecote Lane “as built” from back of
curb to back of curb and the drainage in the easement as shown/lies
in exhibits attached. Furthermore, this acceptance for public
maintenance includes only the roadway (Dovecote Lane back of curb
to back of curb) — shoulders, drainage, landscape, yards, drives,
etc. from back of curb outward shall remain private and not be under
the maintenance obligation of the City of Fairhope.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
That the City of Fairhope hereby accepts the use of the public forever the roadway
Dovecote Lane “as built” from back of curb to back of curb and the drainage in the
easement as shown/lies in exhibits attached. Furthermore, this acceptance for public
maintenance includes only the roadway (Dovecote Lane back of curb to back of curb)
— shoulders, drainage, landscape, yards, drives, etc. from back of curb outward shall
remain private and not be under the maintenance obligation of the City of Fairhope.
BACKGROUND INFORMATION:
The Taylor Oaks Property Owners Association have done the following:
• At their expense, they have resurfaced Dovecote Lane and that work has been
inspected by the City.
• At their expense, they have repaired drainage within the roadway being considered for
acceptance.
• They have held a meeting and vote of their property owners with the majority
approving the dedication and acceptance request.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
Page 165 of 246
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 166 of 246
RESOLUTION NO. _____
WHEREAS, the Taylor Oaks Property Owners Association desire to dedicate to the use of
the public forever the roadway Dovecote Lane “as built” from back of curb to back of curb
and the drainage in the easement as shown/lies in exhibits attached, and;
WHEREAS, the Taylor Oaks Property Owners Association do hereby waive on behalf of
themselves and their successors in interest all claims for damages against the City of
Fairhope and any other governmental authority which may be occasioned to the adjacent
land by the established
construction, drainage and maintenance of said dedicated road and/or rights-of-way easement
or other areas and other ways, and do hereby grant and reserve any easement shown hereon
for the uses indicated, and;
WHEREAS, the Public Works Director and the City Engineer have indicated that the
improvements meet City requirements, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA, That the City of Fairhope hereby accepts the use of the
public forever the roadway Dovecote Lane “as built” from back of curb to back of curb and
the drainage in the easement as shown/lies in exhibits attached. Furthermore, this acceptance
for public maintenance includes only the roadway (Dovecote Lane back of curb to back of
curb) - shoulders, drainage, landscape, yards, drives, etc. from back of curb outward shall
remain private and not be under the maintenance obligation of the City of Fairhope.
Adopted and Approved this 27th day of October, 2025
____________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 167 of 246
Memorandum
From: Richard D. Johnson, P.E., City Engineer
To: Lisa Hanks, City Clerk
CC: Sherry Sullivan, Mayor, George Ladd, Public Works Director; File
Date: October 6, 2025
Subject: Acceptance of Dovecote Lane for City Maintenance – dedication by
the Taylor Oaks Property Owners Association
Madam Clerk:
Please find attached the Dedication and Exhibit from the Taylor Oaks Property Owners
Association dedicating Dovecote Lane for public maintenance by the City of Fairhope. This
board has presented it to the City Council at Work Session and moved forward with the requisite
actions to be taken for Council to consider their request. They have done the following:
• At their expense they have resurfaced Dovecote Lane and that work has been inspected
by the City.
• At their expense they have repaired drainage within the roadway being considered for
acceptance.
• They have held a meeting and vote of their property owners with the majority approving
the dedication and acceptance request.
It is the position of the Public Works Director and City Engineer that this roadway is suitable for
acceptance as a publicly maintained City road. It has been restored to new condition at the
expense of the Property Owners Association.
They acceptance Resolution should be very narrowly defined what is being accepted and state:
“The City of Fairhope accepts the use of the public forever the roadway Dovecote Lane “as
built” from back of curb to back of curb and the drainage in the easement as shown/lies in
exhibits attached. Furthermore, this acceptance for public maintenance includes only the
roadway (Dovecote Lane back of curb to back of curb) - shoulders, drainage, landscape, yards,
drives, etc. from back of curb outward shall remain private and not be under the maintenance
obligation of the City of Fairhope.”
Thank you for your consideration of this request.
RDJ
Page 168 of 246
Taylor Oaks – Roadway Dedication
Known to all persons by these presents that we the undersigned, being
owners in fee simple of the land herein platted, are persons authorized by all
parties having any interest in the land hereon described to obtain this subdivision,
hereby declare and acknowledge this “Taylor Oaks Subdivision” and dedicate to
the use of the public forever the roadway Dovecote Lane “as built” from back of
curb to back of curb and the drainage in the easement as shown/lies in exhibits
attached, do hereby waive on behalf of themselves and their successors in interest
all claims for damages against the City of Fairhope and any other governmental
authority which may be occasioned to the adjacent land by the established
construction, drainage and maintenance of said dedicated road and/or rights-of-
way easement or other areas and other ways, and do hereby grant and reserve any
easement shown hereon for the uses indicated.
This dedication for public maintenance includes only the roadway (Dovecote
Lane) “as built” from back of curb to back of curb and the drainage in the
easement as shown/lies in exhibits attached. Shoulders, drainage, landscape, yards,
drives, etc. from back of curb outward shall remain private and not be under the
maintenance obligation of the City of Fairhope.
This action by majority vote of the Property Owners at the September 4,
2025, Special Meeting with the certification of the vote by the Board of Directors
attached.
Taylor Oaks Property Association, Inc.
P.O. Box 314
Montrose, AL 36559
David Lewis, President
Andy Grass, Vice President
Cathie Walton, Secretary
Page 169 of 246
Page 170 of 246
N
Ta
y
l
o
r
S
t
DOVECOTE LANE
EXTENTS OF
ACCEPTANCE
Dovecote Lane Dedication
Exhibit A
EXTENTS OF
ACCEPTANCE
Page 171 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-47
FROM: Ben Patterson, ELECTRIC SUPERINTENDENT
Kim Creech, CITY TREASURER
SUBJECT: The Superintendent of Electric Department, Ben Patterson, and the
City Treasurer, Kim Creech, are requesting to hire a qualified
contractor to provide Disaster Relief Services for a Tent City.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To reject all bids received with the original Bid No. 25-057 to procure disaster relief
services for a Tent City due to only receiving one (1) responsive proposal, and allow the
re-bid of Disaster Relief Services - Tent City.
BACKGROUND INFORMATION:
A Request for Proposal was issued on August 11, 2025, posted to the City of Fairhope's
website, and advertised in three (3) statewide newspapers. One (1) responsive proposal
and three (3) non-responsive proposals were received at the bid opening on September
17, 2025 at 2:00 p.m..
The proposal was evaluated by five (5) City of Fairhope staff.
The recommendation by the Evaluation Team is to reject all bids due to only receiving
one (1) responsive proposal, and authorize the re-bid of the contract under Code of
Alabama 1975, Section 41-16-57(d).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
003999-
50340
Electric -
Emergency
Disaster
TBD TBD TBD
GRANT:
N/A
Page 172 of 246
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 173 of 246
RESOLUTION NO. _______
[1] That the City Council to reject all bids (Bid No. 25-057) to Procure Services for
Disaster Relief Services - Tent City 2025; and authorize the re-bid of the annual contract
under Code of Alabama 1975, Section 41-16-57(d).
ADOPTED ON THIS 27TH DAY OF OCTOBER, 2025
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 174 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-45
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: Superintendent of Water/Wastewater, Daryl Morefield, has requested
Change Order No. 1 for the Replacement of the Well #8 Pump
Project.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To Approve Change Order No. 1 for the Replacement of the Well #8 Pump with Griner
Drilling Service, Inc. for a not-to-exceed cost of $62,935.00. The new total project cost is
not-to-exceed $117,728.74. This project was originally a Request for Quotes due to the
cost being under $100,000.00. The Change Order No. 1 is needed due to unforeseen
conditions found during the project.
BACKGROUND INFORMATION:
Superintendent of Water/Wastewater, Daryl Morefield, has requested Change Order
No. 1 for the Replacement of the Well #8 Pump project due to unforeseen conditions
being found.
The initial scope of the project involved removing a 170' 8" rental column assembly with
submersible pump and motor, the install a permanent 170' 8" assembly with 15'6"
suction and pump assembly. The change order #1 will include the following:
• Line Item 1 : Fish out a 6" x 10' piece of suction pipe from the bottom of the well
• Line Item 1 : Day 1 (Includes mobilization & Tooling): $6,630.00
• Line Item Days 2 - 4 (If applicable): $4,630.00 per day (total $13,890.00)
Description of Line Item 1 Charges: Each day of fishing is allocated 10 hours per day;
fishing time allowance is not to exceed 40 hours. Day 1 charge will be set as minimum
charge to cover mobilization and tooling. Each day past Day 1 is to be applicable until
pipe is retrieved or 40 hours is reached. Upon retrieval of the pipe, any day beyond that
day will be omitted from invoice. Fishing is typically billed time & material as there is no
way to know how long it may take, if additional tooling may be required to fabricate, nor
can success be guaranteed when fishing.
• Line Item 2: Clean Well Screens by Jetting: $31,315.00
• Line Item 2: Additional Post Cleaning Video: $2,500.00
Page 175 of 246
• Line Item 3: Rig with Crew & Service truck to set test pump (target around 600
GPM): $3,600.00
• Line Item 3: 6-hour pumping test: $1,400.00
• Line Item 3 : Rig with Crew & Service truck to pull test pump $3,600.00
Total cost of Change Order No. 1 is Sixty-Two Thousand Nine Hundred Thirty-Five
Dollars ($62,935.00). The new project total is not-to-exceed One Hundred Seventeen
Thousand Seven Hundred Twenty-Eight Dollars and Seventy-Four Cents
($117,728.74).
Previous Council Action:
July 14, 2025: Resolution No. 5506-25 approved the award of the Request for Quotes
for Labor and Materials for the Replacement of the Well #8 Pump to Griner Drilling
Service, Inc. for a project cost not-to-exceed $54,793.74.
PO#20256499 Issued August 07, 2025, in the amount of $54,793.74.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004010-
59501-80
Water - System
Impr Plants/Wells
$62,935.00 $62,935.00 $0.00
Project No. 2025-WAT 022
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 176 of 246
RESOLUTION NO. _______
, as follows:
[1] That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1
due to unforeseen conditions found during the Replacement of the Well #8 Pump to
Griner Drilling Service, Inc. for a cost of $62,935.00. The new total project cost will
be $117,728.74.
ADOPTED ON THIS 27TH DAY OF OCTOBER, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 177 of 246
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Page 179 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-52
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting procurement of annual clarifier maintenance and
materials.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To approve the procurement of annual clarifier maintenance and materials. from
Parkson Corporation as a sole source distributor for a not-to-exceed cost of $25,990.00.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater is requesting procurement of annual clarifier
maintenance and materials for the Wastewater Treatment Plant. The clarifier is a
Schreiber brand and Parson Corporation is a Sole Source distributor for this brand. The
maintenance and materials will include:
• Field Service - Maintenance boost service call for two (2) clarifiers and two (2)
fuzzy filters
• Wheel, Uhmw Clarifier Scraper, 8", Qty: 18
• HHCS, 3/4-10NC x 4, SS, Qty: 18
• Nut, Lock, 3/4, Nylon Insert, SS, Qty: 18
• Neoprene 3/8 x 2-1/2" x 20'2-Ply Nylon, Qty: 6
• Bearing #41002040, Qty: 2
• Bearing #41002020, Qty: 2
• Seal, Qty: 2
The total cost for annual clarifier maintenance and materials will be Twenty-Five
Thousand Nine Hundred Ninety Dollars ($25,990.00).
Parkson Corporation is the sole source provider for parts for Schreiber brand products.
The equipment and maintenance is exempt from formal bidding per Code of Alabama
1975, Section 41-16-57 (b)(1) which states:
"The governmental body can document that the sole source goods or services are of
an indispensable nature, all other viable alternatives have been explored, and it has
Page 180 of 246
been determined that only these goods or services will fulfill the function for which the
product is needed."
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004020-
50367 Line
60
Maintenance -
WWTP
$25,990.00 $25,990.00 $0.00
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 181 of 246
RESOLUTION NO. _______
, as follows:
[1] That the City of Fairhope has voted to approve annual clarifier maintenance and
materials for the Wastewater Treatment Plant from Parkson Corporation as sole source
distributor; and authorizes procurement based on the option allowed by the Code of
Alabama 1975, Section 41-16-51(13). The cost will not-to-exceed $25,990.00.
ADOPTED ON THIS 27TH DAY OF OCTOBER 2025
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 182 of 246
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-48
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting to approve the award of the Request for Quotes for Labor
and Materials for the concrete work at the Wastewater Treatment
Plant for the Belt Press.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To approve the award of the Request for Quotes for Labor and Materials for the
concrete work at the Wastewater Treatment Plant for the Belt Press to Prime
Professional Concrete Pumping & Finishing for a project cost not-to-exceed $23,300.00.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for
the procurement of labor and materials for to approve the award of the Request for
Quotes for Labor and Materials for concrete work at the Wastewater Treatment Plant
for the Belt Press. This Public Works project will be less than $100,000.00, and
therefore does not need to be formally bid out, but done as a Request for Quotes.
A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was
from Prime Professional Concrete Pumping & Finishing. The Superintendent of
Water/Wastewater requests approval to award the Request for Quote to Prime
Professional Concrete Pumping & Finishing for the not-to-exceed cost of Twenty-Three
Thousand Three Hundred Dollars ($23,300.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004020-
50475-30
WW - Capital
Improvements
$23,300.00 $23,300.00 $0.00
Project No. 2025-PUS 013 Wastewater Belt Press
Total project was budgeted for $100,000.00 FY2026 (004020-50475-30) "WWTP Demo
& upgrade current drying bed area"
Page 190 of 246
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 191 of 246
RESOLUTION NO. _______
, as follows:
[1] That the City of Fairhope approves the award of the Request for Quotes for
concrete work at the Wastewater Treatment Plant for the Belt Press to Prime
Professional Concrete Pumping & Finishing for a not-to-exceed project cost of
$23,300.00. This Public Works project will be less than $100,000.00, and therefore
does not need to be formally bid out.
DULY ADOPTED ON THIS 27TH DAY OF OCTOBER 2025
_______________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 192 of 246
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Page 196 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-50
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting the hiring for Professional Engineering Services for
concrete testing at the Wastewater Treatment Plant.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To approve the selection by the Mayor of GeoCon Engineering & Materials Testing, Inc.
for RFQ PS26-006 Professional Engineering Services for concrete testing at the
Wastewater Treatment Plant, and authorize the Mayor to negotiate the not-to-exceed
cost to be approved by City Council.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring for
Professional Engineering Services for concrete testing at the Wastewater Treatment
Plant.
Mayor Sullivan has selected GeoCon Engineering & Materials Testing, Inc. for this
project.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004020-
59502
WW - System
Imprv WWTP
TBD TBD TBD
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
Page 197 of 246
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 198 of 246
RESOLUTION NO. _______
, as follows:
[1] That the City Council approves the selection by Mayor Sherry Sullivan for
Professional Engineering Services for (RFQ PS26-006) for concrete testing at the
Wastewater Treatment Plant to GeoCon Engineering & Materials Testing, Inc.; and
hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by
Council.
DULY ADOPTED THIS 27TH DAY OF OCTOBER 2025
_________________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 199 of 246
Sherry Sullivan
Mayor
Council Members:
Kevin G. Boone
Jack Burrell, ACMO
Jimmy Conyers
Corey Martin
Jay Robinson
Lisa A. Hanks, MMC
City Clerk
Kimberly Creech
Treasurer
61 North Section St.
PO Box 429
Fairhope, AL 36533
251-928-2136 (p)
MEMO
To: Lisa Hanks, City Clerk
Kim Creech, Treasurer
From: ______________________________
Erin Wolfe, Purchasing Manager
Date: October 15, 2025
Re: RFQ PS26-006 Wastewater Treatment Plant Concrete Testing
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a
professional engineering firm to provide concrete testing at the Wastewater Treatment
Plant.
Per our Procedure for Procuring Professional Services, Daryl Morefield and I are
providing firms for the Mayor to select from for the work.
Please move this procurement of professional services forward to the Mayor for the
selection of a professional service provider.
The short list is:
_____________ ___________ GeoCon Engineering & Materials Testing, Inc.
_____________ ___________ None. Submit another list
Cc: file, Daryl Morefield, Mayor Sherry Sullivan
Oct 16, 2025
Page 200 of 246
Memo to choose - GeoCon - WWTP Concrete
Testing
Final Audit Report 2025-10-16
Created:2025-10-15
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAtgjT2UycgAbaH9z45vUfRGDMBNpkTX9A
"Memo to choose - GeoCon - WWTP Concrete Testing" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2025-10-15 - 8:11:32 PM GMT
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2025-10-15 - 8:11:58 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2025-10-16 - 12:57:15 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2025-10-16 - 12:57:47 PM GMT - Time Source: server
Agreement completed.
2025-10-16 - 12:57:47 PM GMT
Page 201 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-44
FROM: Chris Ellis, Fire Chief
George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: The Fire Chief, Chris Ellis, and the Mechanics Maintenance
Supervisor, Tim Bung, are requesting the replacement of the body
and tank of a fire truck. A claim has been filed with insurance for
reimbursement.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To approve the procurement of the replacement of the body and tank of a fire truck from
Sunbelt Fire, Inc. as a sole source distributor for an estimated cost of $304,679.40.
BACKGROUND INFORMATION:
The Fire Chief and the Mechanics Maintenance Supervisor are requesting approval of
the procurement of the replacement of the body and tank of a fire truck that was in an
accident. This would include the following:
• Finished body to SO Specs $279,598.69
• Tank UPF CUST 1001-1500 GAL. $17,080.71
• Freight $8,000.00
These costs are an estimate.
Sunbelt Fire, Inc. is the sole authorized service, parts and warranty provider for E-One
vehicles for Alabama, Mississippi, Louisiana and the southwest tip of Tennessee,
including vehicles built under the name Emergency One.
The cost of this procurement from Sunbelt Fire, Inc. is estimated at $304,679.40.
The equipment is exempt from formal bidding per Code of Alabama 1975, Section 41-
16-57 (b)(1) which states:
"The governmental body can document that the sole source goods or services are of
an indispensable nature, all other viable alternatives have been explored, and it has
been determined that only these goods or services will fulfill the function for which the
product is needed."
Page 202 of 246
An insurance claim has been filed by City of Fairhope. Insurance settlement amount, if
any, not known at this time.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001200-
50440
Fire - Equip &
Vehicle Repair
$0.00 $304,679.40 ($304,679.40)
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 203 of 246
RESOLUTION NO. _______
, as follows:
[1] That the City of Fairhope has voted to approve replacement of the body and tank for a
fire truck from Sunbelt Fire, Inc. as sole source distributor; and authorizes procurement
based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The cost
is estimated at $304,679.40.
ADOPTED ON THIS 27TH DAY OF OCTOBER 2025
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 204 of 246
October 7, 2025
Estimate No Q-42213
8050 McGowin Dr. Fairhope, Alabama 36532
Phone: (251) 928-9917 – Fax: (251) 928-9933
Service Advisor: Brandon Melton
Phone:
Email: bmelton@sunbeltfire.com
City Of Fairhope Unit #: ENG-1
Asset: 143501Address:
P.O. Box 429 Revenue Officer,
Fairhope AL 36533
Associated Contact:
AC Phone #:
AC Email:
VIN: 4EN6AAA80M1003501
Engine Hours:
Miles:
Quote Summary
OPERATION OPERATION DESCRIPTION LABOR PARTS TOTAL
OP-0001
Quote Detail
Product Details for OP-0001
QTY DESCRIPTION UNIT PRICE TOTAL
1 SERVICE LABOR $0.00 $0.00
1 FINISHED BODY TO SO SPECS $279,598.69 $279,598.69
1 TANK UPF CUST 1001-1500 GAL. $17,080.71 $17,080.71
1 Freight $8,000.00 $8,000.00
Parts: $296,679.40
Labor: $0.00
Shop:$0.00
Freight:$8,000.00
Fees:$0.00
Tax:$0.00
Credit Card Fee:$0.00
Notes:
TOTAL:$304,679.40
This quote/estimate is valid for 30 days after the date above.
AUTHORIZED BY: ___________________________ Printed Name: ____________________________
DATE: _________________________
PURCHASE ORDER: ___________________________
Terms and Conditions: The amount for all repair work is due at the completion of repairs. A 1.5% monthly late fee will be assessed
on all invoices over 60 days past due. Note that all invoices paid with a credit card are subject to a 3.5% convenience fee.
Page 205 of 246
October 7, 2025
Disclaimer of Warranties: The dealership warrants the workmanship on service and repair work to be free from defects for a
period of 30 days from the date of completion. This warranty covers labor performed by our certified technicians and extends to
the quality of repairs conducted on your apparatus. During the warranty period, if any issues arise due to faulty workmanship, the
dealership will, at its discretion, repair or replace the defective parts or correct the deficient workmanship without charge. This
warranty does not cover damage resulting from accidents, misuse, negligence, or unauthorized modifications to the vehicle. Any
warranties on the product sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties,
either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and the seller
neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products.
Page 206 of 246
Page 207 of 246
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational -Budgeted Three Treasurer/Mayor
Greater than:
Gen Govt - $5,001
NON Required Required
N/A N/A
N/A N/A
Required Required
Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
Sunbelt Fire
Click or tap here to enter text.
Click or tap here to enter text.
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☒ Sole Source (Attach Sole Source Justification)
1. What item or service do you need to purchase? Replacement Body and Tank for Fire Truck
2. What is the total cost of the item or service? $304,679.40 est.
3. How many do you need? 1
4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Sunbelt Fire
6. Vendor Number: Click or tap here to enter text.
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
1. Is it budgeted? ☐ Yes ☐ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? This will be paid by insurance
3. Budget code: Click or tap here to enter text.
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 208 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-18
FROM: Stephanie Hollinghead, Chief
SUBJECT: Certain items are declared surplus and the Mayor and City Treasurer
are hereby authorized and directed to dispose of Polygraph
Equipment owned by the City of Fairhope, Alabama, by selling it to a
Licensed Polygraph Examiner in the Private Sector or to another City
Municipality through direct sale.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
That the City Council hereby declares certain items surplus and the Mayor and City
Treasurer are hereby authorized and directed to dispose of Polygraph Equipment
owned by the City of Fairhope, Alabama, by selling it to a Licensed Polygraph Examiner
in the Private Sector or to another City Municipality through direct sale.
BACKGROUND INFORMATION:
1. Lafayette Instrument LX4000 Computerized Polygraph Instrument, Serial # 362701
2. Blood pressure cuff
3. Lafayette seat sensor
4. Pneumograph tubes
5. GSR cables
6. Pentax Pocket Laser Jet Printer
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
Page 209 of 246
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 210 of 246
RESOLUTION NO. _____
WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are
no longer needed for public or municipal purposes; and
WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal
governing body to dispose of unneeded personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
SECTION 1. That the following personal property owned by the City of Fairhope,
Alabama, is not needed for public or municipal purposes, and hereby declared surplus:
(1) Lafayette Instrument LX4000 Computerized Polygraph Instrument,
Serial # 362701
(2) Blood pressure cuff
(1) Lafayette seat sensor
(2) Pneumograph tubes
(1) GSR cables
(1) Pentax Pocket Laser Jet Printer
SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to
dispose of the personal property owned by the City of Fairhope, Alabama, described in
Section 1, above, by the following method:
a. Sold to a Licensed Polygraph Examiner in the Private Sector or to another City
Municipality through direct sell.
ADOPTED AND APPROVED THIS 27TH DAY OF OCTOBER, 2025
______________________________
Jack Burrell, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 211 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-55
FROM: Stephanie Hollinghead, Chief
SUBJECT: Certain items are declared surplus and the Mayor and City Treasurer
are hereby authorized and directed to dispose of Firearms (60 Glock
Model 17 Gen 5) owned by the City of Fairhope, Alabama, by the
following method: Trade-in for Credit toward Purchase of new
Replacement Firearms through an Authorized Law. Enforcement
Dealer.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
That the City Council hereby declares certain items surplus and the Mayor and City
Treasurer are hereby authorized and directed to dispose of Firearms (60 Glock Model
17 Gen 5) owned by the City of Fairhope, Alabama, by the following method: Trade-in
for Credit toward Purchase of new Replacement Firearms through an Authorized Law.
Enforcement Dealer.
BACKGROUND INFORMATION:
Firearms - 60 Glock Model 17 Gen 5
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Page 212 of 246
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 213 of 246
RESOLUTION NO. _____
WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are
no longer needed for public or municipal purposes; and
WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal
governing body to dispose of unneeded personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
SECTION 1. That the following personal property owned by the City of Fairhope,
Alabama, is not needed for public or municipal purposes, and hereby declared surplus:
Firearms - 60 Glock Model 17 Gen 5
SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to
dispose of the personal property owned by the City of Fairhope, Alabama, described in
Section 1, above, by the following method:
a. Trade-in for Credit toward Purchase of new Replacement Firearms through an
Authorized Law Enforcement Dealer.
ADOPTED AND APPROVED THIS 27TH DAY OF OCTOBER, 2025
______________________________
Jack Burrell, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 214 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-56
FROM: Stephanie Hollinghead, Chief
SUBJECT: Fairhope Police Reserve: Justin Rogers, Drew Craze, and Allen
Bishop.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
That the City Council approves the following list for the Fairhope Police Reserve: Justin
Rogers, Drew Craze, and Allen Bishop.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 215 of 246
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council approves the following list for the
Fairhope Police Reserve: Justin Rogers, Drew Craze, and Allen Bishop.
Adopted on this 27th day of October, 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 216 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-49
FROM: Hannah Noonan, Human Resources Director
SUBJECT: The Director of Human Resources, Hannah Noonan, has requested
to procure a three (3) year subscription for NEOGOV Learning
Management System.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To approve the purchase of a three (3) year subscription for NEOGOV LEarning
Management System from GovernmentJobs.com d/b/a NEOGOV for a three year not-
to-exceed cost of $55,475.64.
BACKGROUND INFORMATION:
The Director of Human Resources has requested to procure a three (3) year
subscription for NEOGOV Learning Management System. The subscription will include
the following:
Year 1: Cost $11,965.14
• Learn Subscription
• Learn Setup
• Professional Services - TMS Virtual Training and Consulting
Year 2: Cost $14,503.50
• Learn Subscription
Year 3: $29,007.00
• Learn Subscription
Total cost for three (3) year subscription is not-to-exceed Fifty-Five Thousand Four
Hundred Seventy-Five Dollars and Sixty-Four Cents ($55,475.64).
Page 217 of 246
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current
Budget
Cost Available
Budget
001170-
50300-90
HR - Computer
Expense
$15,000.00 $11,965.14 $3,034.89
Cost shown is for Year 1 of Subscription (11/30/25 through 11/29/26). Future costs to
be included in the respective budgets for Years 2 and 3 of Subscription.
FY2026 Budget 001170-50300-90 Safety LMS
GRANT:
N/A
LEGAL IMPACT:
Terms and Conditions have been sent to City Attorney for review.
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 218 of 246
RESOLUTION NO. _______
, as follows:
[1] That the City of Fairhope approves to purchase three (3) year subscription for NEOGOV
Learning Management System from GovernmentJobs.com, Inc. d/b/a NEOGOV for a three
(3) year cost not-to-exceed $55,475.64.
ADOPTED ON THIS 27TH DAY OF OCTOBER 2025
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 219 of 246
THIS IS NOT AN INVOICE
Contract Records Order Details
Account Number: A-649836 Order #: Q-389843
Customer: Fairhope, City of (AL)Valid Until: 10/31/2025
Effective Employee Count:450
Sales Rep: Mitch Boland
Customer Contact
Billing Contact: Fairhope, City of (AL)Shipping Contact : Fairhope, City of (AL)
Hannah Noonan Hannah Noonan
Billing Address: 161 North Section St.Shipping Address: 161 North Section St.
Fairhope, AL 36532 Fairhope, AL 36532
Billing Contact Email: hannah.noonan@fairhopeal.gov Shipping Contact Email: hannah.noonan@fairhopeal.gov
Billing Phone: 251-928-8003 Shipping Phone: 251-928-8003
Payment Terms
Payment Term: Net 30 Notes:
PO Number:
Subscription Service
Year 1
70% discount on the subscription fee.
52% discount on the setup fee.
Professional Services Online Training = 3 hours of free Insight/OHC training.
Item Type Start Date End Date License Type Total (USD)
Learn Subscription Recurring 11/30/2025 11/29/2026 Employee
Based
$8,702.10
Learn Setup Services Employee
Based
$3,263.04
Professional Services - TMS Virtual Training
and Consulting
Services Quantity
Based
$0.00
Year 1 TOTAL:$11,965.14
Year 2 50% discount on the subscription fee.
Item Type Start Date End Date License Type Total (USD)
Learn Subscription Recurring 11/30/2026 11/29/2027 Employee
Based
$14,503.50
Year 2 TOTAL:$14,503.50
Page 1 of 3
Page 220 of 246
Year 3 List Price.
Item Type Start Date End Date License Type Total (USD)
Learn Subscription Recurring 11/30/2027 11/29/2028 Employee
Based
$29,007.00
Year 3 TOTAL:$29,007.00
Total: | $55,475.64
This price does NOT include any sales tax. Total in USD
Additional Terms and Conditions
License Terms: Enterprise license denotes that Customer has purchased an enterprise wide license up to the employee count specified above.
User based license denotes that Customer has purchased the number of licenses set forth in the quantity column. Item count denotes the number
of items that Customer has licensed as set forth in the quantity column.
Payment Terms: All invoices issued hereunder are due upon the invoice due date. If the Order is for a period longer than one year, the fees for
the first period shown shall be invoiced immediately and the fees for future years/periods shall be invoiced annually in advance of each 12 month
period shown on the Order, but regardless of the billing cycle, Customer is responsible for the fees for the entire Order. The fees set forth in this
Service Order are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities and Customer shall be responsible for payment of
any such applicable taxes, levies, or duties. All payment obligations are non-cancellable, and all fees paid are non-refundable. Payment for services
ordered hereunder shall be made to Governmentjobs.com, Inc., (D/B/A NEOGOV).
Terms & Conditions: This Order Form creates a legally binding contract on the parties. Unless otherwise agreed in a written agreement
between GovernmentJobs.com, Inc. (D/B/A/ NEOGOV), parent company of PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule),
and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV”) and Customer, this Order Form and the services to be furnished pursuant to
this Order Form are subject to the terms and conditions set forth here: https://www.neogov.com/service-specifications. The Effective Date (as
defined in the terms and conditions) shall be the Subscription Start Date.
Special Condition:
1. Notwithstanding anything to the contrary, this order and the services purchased herein are subject to the same terms and conditions set forth in
the Order Form, dated 11/30/2023 between the City of Fairhope, AL and NEOGOV.
If this Order Form is executed and/or returned to NEOGOV by the Customer after the Subscription Start Date stated in this Order Form, NEOGOV
may adjust the Subscription Start Date and the corresponding Subscription End Date, without increasing the total fees, based on the date NEOGOV
activates the subscription, provided the total length of the subscription term does not change. Following activation, any adjustments to such
Subscription Start Date and Subscription End Date may be confirmed by reference to the invoice sent by NEOGOV.
Page 2 of 3
Page 221 of 246
Your signature below constitutes acceptance of terms herein and contractual commitment to purchase
the items listed above.
Accepted and Agreed By Authorized Representative of:
Fairhope, City of (AL)
Signature:
Printed Name:
Title:
Date
THE INFORMATION AND PRICING CONTAINED IN THIS ORDER FORM IS STRICTLY CONFIDENTIAL.
Page 3 of 3
Page 222 of 246
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational -Budgeted Three Treasurer/Mayor
Greater than:
Gen Govt - $5,001
NON Required Required
N/A N/A
N/A N/A
Required Required
Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
NEOGOV
Click or tap here to enter text.
Click or tap here to enter text.
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☒ Sole Source (Attach Sole Source Justification)
1. What item or service do you need to purchase? Learning Management System subscription
2. What is the total cost of the item or service? $55,475.64 (3yr)
3. How many do you need? 1
4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): NEOGOV
6. Vendor Number: Click or tap here to enter text.
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? $55,475.64 (3yr)
3. Budget code: Click or tap here to enter text.
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 223 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-54
FROM: Hannah Noonan, Human Resources Director
SUBJECT: The Director of Human Resources, Hannah Noonan, is requesting to
extend the contract with Long's Human Resource Services to supply
temporary employees to supplement the existing workforce.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To approve the one year extension of the contract with Long's Human Resource
Services to supply temporary employees to supplement the existing workforce for the
following departments: Adult Recreation/Special Events: $5,000.00, Streets
Department: $18,537.47, Landscape Department: $99,694.80; Total cost of
$123,232.27.
BACKGROUND INFORMATION:
Adult Recreation/Special Events: $5,000.00
Streets Department: $18,537.47
Landscape Department: $99,694.80
Total of One Hundred Twenty-Three Thousand Two hundred Thirty-Two Dollars and
Twenty Seven Cents ($123,232.27).
Previous Council Actions:
Resolution No. 5473-25 authorized the MAyor to execute Change Order No. 2 for the
agreement with Long's Human Resource Services to supply temporary employees to
supplement the existing workforce for the Custodial Services and Landscaping Services
for the Public Works Department with a contract increase not-to-exceed $145,000.00.
And to transfer funds to the Temp Labor accounts.
Resolution 5410-25 authorized the Mayor to execute Change Order No. 1 for the
agreement with Long's Human Resource Services to add custodian services for the Nix
Center and increase the not-to-exceed cost to $75,000.00.
Resolution 5284-24 authorized the Mayor to execute the contract with Long's Human
Resource Services to supply temporary employees to supplement the existing
workforce. Council Meeting December 9, 2024.
BUDGET IMPACT/FUNDING SOURCE:
Page 224 of 246
Account No. Account Title Current Budget Cost Available
Budget
001300-
50245
001350-
50245
001360-
50245
$5,000.00
$18,537.47
$99,694.80
TBD
TBD
TBD
TBD
TBD
TBD
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 225 of 246
RESOLUTION NO. _______
, That the City Council hereby authorizes Mayor Sherry
Sullivan to execute an extension of the contract with Long’s Human Resource
Services to supply temporary employees to supplement the existing workforce for the
following departments: Adult Recreation/Special Events: $5,000.00, Streets
Department: $18,537.47, and Landscape Department: $99,694.80; Total of
$123,232.27. These services are exempt pursuant to Code of Alabama 1975, Section
41-16-51.
ADOPTED ON THIS 27TH DAY OF OCTOBER 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 226 of 246
Page 227 of 246
RESOLUTION NO. 5410-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City of Fairhope authorizes Mayor Sherry
Sullivan to execute a Change Order No. 1 for the agreement with Long 's Human
Resource Services to supply temporary employees to supplement the existing
workforce. This change order will add custodian services for the Nix Center. This
change order will increase the not-to-exceed cost to $75 ,000.00. These services are
exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasure r
to transfer $23 ,000.00 from Nix Salaries 001300-50040 to Temp Contract Labor
00130-50245.
ADOPTED ON THIS 24TH DAY OF MARCH , 2025
Attest:
Page 228 of 246
RESOLUTION NO. 5473-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City of Fairhope authorizes Mayor Sherry
Sullivan to execute a Change Order No. 2 for the agreement with Long's Human
Resource Services to supply temporary employees to supplement the existing
workforce. This change order will increase the not-to-exceed cost to $145,000.00
for Custodial Services and Landscaping Services for the Public Works Department.
These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51.
Authorize Treasurer to transfer $20 ,000.00 from Streets -Salaries (001350-50040)
to Streets -Temp Labor (001350-50245) and to transfer $50,000 .00 from
Landscape -Salaries (001360-50040) to Landscape -Temp Labor (001360-50245).
ADOPTED ON THIS 9TH DAY OF JUNE, 2025
Attest:
Page 229 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-46
FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS
SUBJECT: The Director of the Community Affairs, Paige Crawford, is requesting
approval for the procurement of equipment and services for the
Lighting of the Trees event on November 20, 2025
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
To approve the procurement for the 2025 Lighting of the Trees stage, miscellabeous
equipment and labor cost to Sound Associates, Inc. for $13,000.00.
BACKGROUND INFORMATION:
The Director of the Community Affairs, Paige Crawford, is requesting approval for the
procurement of equipment and services for the Lighting of the Trees event on
November 20, 2025. The services would include:
• 40' x 36' x 5' skirted stage with two (2) stair units and handrails
• 40' x 20' x 4' skirted stage with one (1) stair unit and handrails
• Audio system for main stage
• Eight (8) Snow Machines and Moving Lights
• All necessary technical support and labor
This professional service is exempt from formal bidding per Code of Alabama 1975,
Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which
states: “Contracts for securing services of attorneys, physicians, architects, teachers,
superintendents of construction, artists, appraisers, engineers, consultants, certified
public accountants, public accountants, or other individuals possessing a high degree of
professional skill where the personality of the individual plays a decisive part.”
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001240-
50490-10013
Community Events
- Tree Lighting
$13,000.00 $13,000.00 $0.00
Page 230 of 246
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 231 of 246
RESOLUTION NO. _______
, as follows:
[1] That the City of Fairhope approves the procurement of the 2025 Lighting of the Trees
stage, miscellaneous equipment, and labor to Sound Associates, Inc. with a total not-to-
exceed cost of $13,000.00 for the City of Fairhope’s Lighting of the Trees Celebration on
November 20, 2025.
ADOPTED ON THIS 27TH DAY OF OCTOBER 2025
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 232 of 246
Sound Associates, Inc.
5675 Rabbit Creek Dr.
Theodore, AL 36582
(251) 443-5001
chuck.soundassoc@gmail.com
INVOICE
BILL TO
Paige Crawford
City Of Fairhope
TERMS Balance Due Day of
Show
ACTIVITY QTY RATE AMOUNT
Production Services
40' x 36' x 5' skirted stage with 2 stair units and hand rails
40' x 20' x 4' skirted stage with one stair unit and handrails
Audio system for main stage
8 x Snow Machines and Moving lights
All necessary technical support and labor
1 13,000.00 13,000.00
SUBTOTAL 13,000.00
TAX 0.00
TOTAL 13,000.00
BALANCE DUE $13,000.00
Production services for Lighting of the Trees on November
INVOICE # 2025-2282
DATE 10/14/2025
DUE DATE 11/19/2025
20, 2025. Includes:
Page 233 of 246
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational -Budgeted Three Treasurer/Mayor
Greater than:
Gen Govt - $5,001
NON Required Required
N/A N/A
N/A N/A
Required Required
Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
Sound Associates
Click or tap here to enter text.
Click or tap here to enter text.
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☐ Sole Source (Attach Sole Source Justification)
1. What item or service do you need to purchase? Production Services for the Lighting of the Trees
2. What is the total cost of the item or service? $13,000
3. How many do you need? Click or tap here to enter text.
4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request
5. Vendor Name (Lowest Quote): Sound Associates
6. Vendor Number: 20049
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? $13,000
3. Budget code: 0012400-50490
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 234 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-59
FROM: Sherry Sullivan, Mayor
Jack Burrell, Council President
Pat White, PARKS & RECREATION DIRECTOR
SUBJECT: That Fairhope residents over the age of 65 be allowed to use the
indoor track at the Fairhope Recreation Center with no fee; all
currently paid memberships will remain in place until the renewal
date for same with no refunds; and that proof of residency and age
must be provided in the form of an Alabama State issued
Identification Card (driver’s license for example) and a Fairhope
Public Utility Bill showing garbage charge or a vehicle registration
showing City Ad Valorem Taxes. Anyone participating must sign in at
the front desk prior to using the track for each visit.
AGENDA
DATE:
October 27, 2025
RECOMMENDED ACTION:
That the City Council hereby approves that Fairhope residents over the age of 65 be
allowed to use the indoor track at the Fairhope Recreation Center with no fee; all
currently paid memberships will remain in place until the renewal date for same with no
refunds; and that proof of residency and age must be provided in the form of an
Alabama State issued Identification Card (driver’s license for example) and a Fairhope
Public Utility Bill showing garbage charge or a vehicle registration showing City Ad
Valorem Taxes. Anyone participating must sign in at the front desk prior to using the
track for each visit.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
Page 235 of 246
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 236 of 246
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
FAIRHOPE, ALABAMA, That the City Council hereby approves that Fairhope residents over
the age of 65 be allowed to use the indoor track at the Fairhope Recreation Center with no fee;
and all currently paid memberships will remain in place until the renewal date for same with no
refunds.
BE IT FURTHER RESOLVED, That proof of residency and age must be provided in the
form of an Alabama State issued Identification Card (driver’s license for example) and a
Fairhope Public Utility Bill showing garbage charge or a vehicle registration showing City Ad
Valorem Taxes. Anyone participating must sign in at the front desk prior to using the track for
each visit.
ADOPTED THIS 27TH DAY OF OCTOBER, 2025
_______________________________
Jack Burrell, Council President
ATTEST:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 237 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Application — Wine Off Premises License by Charles Jaimeth
Hilburn, 3 Arrows Meat Co. LLC, d/b/a 3 Arrows Meat Co. LLC,
AGENDA
DATE:
RECOMMENDED ACTION:
City Council Approval.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
Page 238 of 246
Revised 09/201 3
CITY OF FAIRHOPE
P.O. ORA WER 429
FAIRHOPE, AL 36533
251/928·2136 Or..,. 1 '' '2c ,., .: -tJ . 1 hM ·, {'I ' .A ') ~ M .-..~•'t .L.
ALCOHOLIC BEVERAGE LICENSE APPPLICATION
PLEASE PRINT
We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction .
We agree to abide by all applicable Ordinances of the City, or any amendments to same, and to promptly
furnish all reports required by the C~. \ \
1
APPLlcANrs NAME 0\l rlc5> 1)',rncfu ~ \bµ" ssN, _____ _
AGE __ . DATE OF BIRTH _____ PLACE OF BIRTH }:ffirrl~SOye»:, 1 N\.>
MAIUNGAooRess 3Sfm qf~vnu ~t. Thd:J Miadk: Ac... 3/Rv~6r '"T I HOME# __________ WORK# __________ _
CELL# _ FAX# ______ .--____ _
Res1oeNcEAD0Ress 358ro 6ctv;M ~ -~ Mindk_, AL 3t,So'7
NO .YEARS AT PRESENT ADDRESS --=J--NO.YEARS AT PREVIOUS ADDRESS '5'
PREVIOUS ADDRESS s.Sj I) L1z-ro~ L~Y}(, ~y MiNHc., iTL 3{fS-07
NAME AND ADoRess oF aus1Ness 3 £\s:1ow~ l'<\e,,at Co. kt,.C-
\9fu't0 Ca<'{en~ R~ . U.n;t 12, fd;ch .cpe, frL-3u5>2
NAME OF CORPORATION -:S A-r-rt>~S. N\e,tt Cn . lLC
aus1NEssLocAr10N I 9(pJO G,reeY\.Q 9--d. Su,·\e 5', ~fm>Qe,AL-2>w5"3 7
HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE N C)
IF SO, WHERE _______ UNDER WHAT NAME. ________ _
HAS APPLI CANf EVER BEEN ARRESTED NC) IF SO. WHERE. _______ _
WHEN _____ WH ATWAS CHARGE .... ____________ _
DISPOSITION _____________________ _
LIST THREE REFERENCES :
NAM E AD DR ESS PHO N E NU MB ER
Page 239 of 246
City of Fairhope
Alcoholic Beverage
License Application
Page-2-
PLEASE SELECT TYPE OF LICENSE APPL YING FOR:
Revised 09/2013
__ 011 • PACKAGE STORE LICENSE -Allows S-&le of liquor, wine , or beer at Retail , TO GO
only . No one under age 21 allowed on premises . A liquor tax of 10% City limits or 5% Police Jurisdiction is
due the 10th of each month on 1he purchase price paid for all liquor for use or resale by the licensee .
010-LOUNGE LIQUOR LICENSE-Allows sale of liquor. wine, or beer for on and off
consumption . No one under age 21 allowed on the premises . A liquor tax of 10% City limits or 5% Police
Jurisdiction is due the 101h of each month on the purchase price paid for all liquor for use or resale by the
licensee .
031 -CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC
--Board's "club" regulations . A liquor tax of 10% City limits 0< 5% Police Jurisdiction is due the 10th of each
month on the purchase price paid for all liquor for use or resale by the licensee .
020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises
--consumption only and 51% of gross receipts must come from the sale of food . A liquor tax of 10% City
limits or 5% Police Jurisdiction is due the 1am of each month on the purchase price paid for all liquor for use
or resale by the licensee .
140 • SPECIAL EVENTS LICENSE
160 -SPECIAL RETAIL LICENSE -More than 30 days
__ 040 • BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption .
050 -BEER OFF-PREMISES LICENSE -Allows sale of Beer Only , TO GO only .
__ 060 -WINE ON/OFF PREMISES LICENSE -Allows sale of Wine Only, on and off consumption .
~ 070 -WINE OFF-PREMISES LICENSE -Allows sale of Wine Only , TO GO . only .
100 • WINE WHOLESALER LICENSE
210 -WINE IMPORTER LICENSE
200 • WINE MANUFACTURER LICENSE
240. NON -PROFIT TAX EX EMPT LICENSE
I STATE ALL THE ABOVE TO UE AND CORRECT TO THE BEST OF MY KNOWLEDGE .
DATE
NOT APPROVED
NOT APPROVED ______ DA 1 E ___ _ BY COUNCIL ______ DATE __ _
Chief of Police City Clerk
APPROVED
APPROVED BY COU NCIL ______ DATE __ _
Chief of Police City Clerk
•· The Chief of Po li ce is only acquiring a background check on the owners . partn ers, or corpora te officers of the
business tor the City of Fairhope . The Alabama Alcoholic Beverage Control Board does a thorough Federal and
State background check before issuing the License .
Page 240 of 246
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-57
FROM: Mike Baugh - RECREATION BOARD CHAIR
SUBJECT:
AGENDA
DATE:
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 241 of 246
5 – Year Term
APPOINTMENTS .
Robert Jernigan
Jared Richardson
REAPPOINTMENTS .
The term shall end October 2031
Page 242 of 246
APPLICATION FOR APPOINTMENT TO A CITY BOARD OR COMMITTEE
City Council seeks to have diversity in making appointment to boards and committees. It is the policy of the City Council to make appointments
based on the needs of the City as well as the interests and qualifications of each applicant. In accordance with the Code of Alabama, all applicants
must be qualified electors and taxpayers in the City, excluding the Planning Commission. All applications filed with the City Clerk will be public
record.
First Name:
Robert
Last Name:
Jernigan
Mobile Phone Number
2517532652
Phone Number:
2517532652
E-mail:*
robert@4hds.net
Home Address *
Street Address
818 Summer Lake St.
Address Line 2
City
Fairhope
State/Province/Region
AL
Postal/Zip Code
36532
Country
USA
Business Address
Street Address
28311 N. Main St.
Address Line 2
Ste. 200
City
Daphne
State/Province/Region
AL
Postal/Zip Code
36526
Country
USA
Name of Board or Committee:*
Recreation Board
Education Background *
Fairhope High School, 1993
U. of Alabama, B.A., 1997
U. of Alabama, J.D., 2001
Page 243 of 246
Professional Licenses and/or Associations *
Alabama State Bar
Florida Bar
Professional Experience *
Practicing Attorney - 24 Years
- Law Office of Gene T. Moore, Tuscaloosa, AL
- Vezina, Lawrence & Pisitelli, Tallahassee, FL
- Fla. Dept. of Bus. & Prof. Regulation, Tallahassee, FL
- Healthcare & Diagnostic Solutions, Loxley, AL
Civic Interests and/or Service Memberships *
Volunteer Youth Soccer Coach (Former)
St. Paul’s Episcopal Church
St. Paul’s Thrift Shop
Family Promise
Episcopal Construction/Medical Missions
How do your qualifications best serve the needs of the community?*
Most of my career has been dedicated to balancing competing and often conflicting interests in a thoughtful and measured fashion, and finding a
way forward by building consensus.
But more importantly, I have a deep and abiding love of this place where I grew up, and wish to give back by doing whatever I can to help
preserve and grow an essential community-building institution - athletics and recreation - that helped make my childhood (and my children’s
childhoods) so special.
Resume
You may attach a resume with this application. [PDF Only}
Signature
Page 244 of 246
CITY OF FAIRHOPE
APPLICATION FOR APPOINTMENT
TO A CITY BOARD OR COMMITTEE
City Council seeks to have diversity in making appointment to boards and committees . It is th e policy of the City Counci l to
make appointments based on the needs of the City as well as the in terests and quahfications of each app licant. In accordance
with the Code of Alabama, a ll appl icants must be q ualified electors and taxpayers in the City, excluding the Planning
Commission. All applications fi led with the City Clerk will be public record.
Pleas e return this application to the Fairhope City Clerk at C ity Hall , 161 North Section Street, Fairhope , A labama 3 6532 or
mail to City of Fairhope , Attention Fairhope City Clerk, P. 0 . Drawer 429 , Fairhope , Alabama 36533. PLEASE PRINT
CLEARLY
Last Name : Richa rd son First Name : Jarred Phone Number: -------------
251 -8O2-OO73 Cell: 251-802-0073 Email : jarred @eas y-haul .com
Home Address: 15996 Keeney Drive
City: Fairhope State : AL Zip : 36532
Business Address: Easy-Haul Inc (Operations Manager)
City: Fairhope State : AL Zip: 36532
Name ofBoard or Committee: Recreation Board --------------------
EDUCATIONAL BACKGROUND :
Fai rh ope High Sc hoo l
University of Alaba ma
PROFESSIONAL LICENSES AND/OR ASSOCIATIONS:
AOWB Lice nse
A labama CDL A
PROFESSIONAL EXPERIENCE :
200 9-20 12 Austa l (CNC Sup erviso r)
20 12-2 01 5 So uth ern Li ght (Dr aftin g)
201 6-Prese nt Easy-Ha ul In c.
Page 245 of 246
CMC INTERESTS AND /OR SERVICE MEMBERSHIPS :
Coaching -Coached 7 & 8 Football, Currently coaching SU All-Stars
Umpired Youth Baseball - 8 yrs
Referee Upward Basketball
HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY?
l have lived in Fairhope over 30 years and watched Fairhope grow. l have seen many changes, both good and bad. As a young
kid growing up playing football, basketball, baseball, & soccer I been around all the recreation facilities. After moving back
here in 2009 I have continued to use a lot of the recreation facilities including walking paths, golf, tennis, and even the dog park.
While I do spend most of my free time at Dance or baseball with the kids, we still continue to use all the playground facilites for
our growing family.
Page 246 of 246