HomeMy WebLinkAbout11-10-2025 City Council Meeting Agenda Packet
CITY OF FAIRHOPE
CITY COUNCIL REGULAR AGENDA
Monday, November 10, 2025 - 6:00 PM
City Council Chamber
Council Members
Jack Burrell
Joshua Gammon
Jimmy Conyers
Jay Robinson
Andrea Booth
Invocation and Pledge of Allegiance
Public Hearing
Owner, Achee Properties, is requesting conditional annexation to R-
Single-Family Residential Dis
PPIN #: 3747.
21: Article VI. Garbage and Trash Collection and Disposal: Sections 21-76 and 21
Final Adoption
from the City of Fairhope Planning and Zoning Department, for amendments to the
City of Fairhope’s Zoning Ordinance. (Introduced at the October 27, 2025, City
Council Meeting.)
10. Site Plan Extension Request - Applicant, Jade Consulting, LLC, acting on behalf of
the Owner, Encounter Development LLC, is requesting a 180-
104 and ea
Page 1 of 458
City Council Regular Meeting
November 10, 2025
Page - 2 -
11. Resolution - To award (Bid No. 26-010-2025-PWI-013) to M & N of Alabama, LLC
for Maintenance Dredging and Shoreline Re-nourishment -
at Fly Creek; and ackn
for Labor and Materials for the New Bathrooms -
Ramp to Thomas Industries, Inc. d/b/a Thomas Construction for a not-to-
project cost o
Contracting Inc. for Pecan Avenue Watershed Drainage Improvements -
with a bid proposal not-to-
$74,252.00 from Phase II to Phase I of project within Capital Projects fund 103
PS25-
Under Rock Creek Project with Krebs Engineering with an additional not-to-
amount of $15,000.0
amendment. The new contract total with a not-to-
Service, Inc. to
Wastewater Treatment Plant (RFQ PS26-006) with a not-to-
$7,500.00. Authorize T
Page 2 of 458
City Council Regular Meeting
November 10, 2025
Page - 3 -
18. Resolution - To award (Bid No. 25-060) to General Maintenance Contractors of East
Alabama, Inc. d/b/a GMC Underground for Gas Department Contractor Annual
Contract with an annual contract amount of $200,000.00.
19. Resolution — That the City Council hereby rejects all bids (Bid No. 26-003-2023-
PWI-
contract with the one bidder, pursuant to the Code of Alabama 1975, Section 41-16
to R.H. Deas Building Co. for a not-to-
Works pr
formally bid out.
2026REC001) within Recreation Capital Improvements (001250-
departments: Adul
25 to adjust the not-to-
departments: Adul
for Professional Consulting Services for (RFQ PS26-
Authority of the City of Fairhope, Alabama -
Page 3 of 458
City Council Regular Meeting
November 10, 2025
Page - 4 -
25. Resolution — That Mayor Sherry Sullivan is hereby authorized to execute an
Indemnity Agreement and Annual Party Agreement between Oak Hollow Farm Inc.
and the City of Fairhope for the City’s Christmas Event for City Employees at the
“Barn” on Friday, December 12, 2025, from 12:00 p.m. to 3:30 p.m.
26. Request — Blair Gewin requests that the City Council grant a variance to Ordinance
No. 1443, known as the Noise Ordinance for Friday, December 5, 2025, to host a
rehearsal dinner for Janee and Jo Bonner's family in downtown Fairhope at the
Apiary, 85 N. Bancroft Street. The event is scheduled to conclude at 10:30 p.m.
27. Request - Jack Powell, President of the Fairhope Sunset Rotary, requesting
permission to set up our grill on De La Mare Avenue Street in front of the Lyons
Share on the night of the tree lighting, November 21, 2025. We will be giving out
free hotdogs and s
of each month immediately following the 4:30 p.m. Work Session
Next Regular City Council Meeting, Monday, November 24, 2025, 6:00 p.m.
Fairhope Municipal Complex
City Council Chambers
161 North Section Street
Page 4 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1167
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Approve minutes of October 27, 2025, Regular City Council Meeting,
minutes of October 27, 2025, Work Session, and minutes of
November 3, 2025, November 3, 2025, City Council Organizational
Meeting.
AGENDA
DATE:
November 10, 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 5 of 458
STATE OF ALABAMA )(
Page 6 of 458
27 October 2025
1) Mac Walcott with Walcott Adams Verneuille Architects addressed the City Council
regarding the e-mail that was sent earlier today opposing some of the amendments.
He commented on the following items: building heights, residential in the Central
Business District, limit on mixed-use design, and maximum of impervious surface.
He said landowners are getting less use of their property.
Page 7 of 458
27 October 2025
RESOLUTION NO. 5610-25
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 8 of 458
27 October 2025
RESOLUTION NO. 5611-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
, as follows:
Page 9 of 458
27 October 2025
RESOLUTION NO. 5612-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF F
, 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
RESOLUTION NO. 5613-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, 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 10 of 458
27 October 2025
RESOLUTION NO. 5614-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Page 11 of 458
27 October 2025
RESOLUTION NO. 5615-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
F , as follows:
Page 12 of 458
27 October 2025
RESOLUTION NO. 5616-25
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:
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:
Page 13 of 458
27 October 2025
RESOLUTION NO. 5617-25
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:
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:
Page 14 of 458
27 October 2025
RESOLUTION NO. 5618-25
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.
Page 15 of 458
27 October 2025
RESOLUTION NO. 5619-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF F
, 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
RESOLUTION NO. 5620-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute 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 16 of 458
27 October 2025
RESOLUTION NO. 5621-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
F as follows:
Page 17 of 458
27 October 2025
RESOLUTION NO. 5622-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, FAIRHOPE, ALABAMA, That the City Council hereby approves that
Fairhope residents age 65 and over 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.
Page 18 of 458
27 October 2025
1) Enrique Douaihi, 219 Orleans Drive, addressed the City Council and thanked
Councilmember Martin for his service on the City Council. He said Councilmember
Martin was a leader and compassionate to citizens. Mr. Douaihi said he now
volunteers because of Councilmember Martin. He thanked Councilmember Martin
for standing up for marginal people.
Page 19 of 458
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, 27 October 2025.
Present were Council President Jack Burrell, Councilmembers: Corey Martin,
Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney
Marcus E. McDowell, and City Clerk Lisa A. Hanks.
Council President Burrell 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 explained that the price
was negotiated and the second and third year were reduced. Council President Burrell
questioned the number of classes and if it tracked certifications.
• Human Resources Director Hannah Noonan addressed the City Council regarding
Agenda Items No. 16 and No. 17; and answered any questions if needed. City
Attorney McDowell explained that the liability if capped at what we pay out; and said
he did not know the exposure. Ms. Noonan said that there is no personal data inputted
into this system.
• Community Affairs Director Paige Crawford addressed the City Council regarding
Agenda Item No. 18; and answered any questions if needed.
• City Engineer Richard Johnson addressed the City Council regarding Agenda Item
No. 6; and answered any questions if needed. He gave an update on the Welcome
Center and presented the proposed elevations. Council President Burrell questioned
the sidewalks on Parker Road. Mr. Johnson replied we are waiting on Project
Authorization, and then we can put it out for bid.
• Public Works Director George Ladd addressed the City Council regarding Agenda
Items No. 7, and No. 12; and answered any questions if needed. Mr. Ladd explained
what a “Tent City” is and how it would help if we had a catastrophic event. Electric
Superintendent Ben Patterson also helped to explain how it could be used.
• Utilities Engineer Noel Berry addressed the City Council regarding Agenda Items
No. 8, No. 9, No. 10, and No. 11; and answered any questions if needed.
• Police Chief Stephanie Hollinghead addressed the City Council regarding Agenda
Items No. 13, No. 14, No. 15, and No. 20; and answered any questions if needed.
Page 20 of 458
Monday, 27 October 2025
Page -2-
• Mayor Sherry Sullivan addressed the City Council regarding Agenda Item No. 19;
and answered any questions if needed.
There being no further business to come before the City Council, the meeting was
duly adjourned at 5:03 p.m.
Jack Burrell, Council President
Lisa A. Hanks, MMC
City Clerk
Page 21 of 458
STATE OF ALABAMA )(
:
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in an organizational session at
6:00 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 3 November 2025.
Present were Councilmembers: Jack Burrell, Joshua Gammon, Jimmy
Conyers, Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, Attorney Marion
E. Wynne, and City Clerk Lisa A. Hanks. City Attorney Marcus E. McDowell was
absent.
There being a quorum present, City Clerk Lisa Hanks took the seat as presider
and called the meeting to order. The invocation was given by Reverend Linda Fisher
from Unity on the Eastern Shore Church and the Pledge of Allegiance was recited.
This being the organizational meeting to begin the new administration, Mayor
Sherry Sullivan, and the newly-elected Councilmembers: Jack Burrell, Joshua
Gammon, Jimmy Conyers, Jay Robinson, and Andrea Booth prepared to take their
Oath of Office.
The Honorable Jody W. Bishop, Circuit Court Judge, 28th Judicial Circuit of
the State of Alabama, then gave the Oath of Office to the new elected Officials:
Mayor Sullivan; Councilmembers Burrell (Place # 1); Gammon, (Place # 2); Conyers,
(Place # 3); Robinson, (Place # 4); and Booth, (Place # 5). (Signed Oaths inserted at
end of these minutes.)
The new administration took their seats on the dais and continued with
business.
Ms. Hanks conducted the procedures for electing a Council President. The
floor was opened for Council President nominations. Councilmember Robinson
nominated Councilmember Conyers. Seconded by Councilmember Booth and no
other nominations were made. The floor for nominations was then closed.
Councilmember Conyers was elected Council President unanimously by voice vote.
Council President Conyers took the presider’s seat. The floor was then opened
for Council President Pro Tempore nominations. Councilmember Robinson
nominated Councilmember Burrell. Seconded by Councilmember Booth and no other
nominations were made. The floor for nominations was then closed. Councilmember
Burrell was elected Council President Pro Tempore unanimously by voice vote.
Page 22 of 458
3 November 2025
Councilmember Burrell introduced in writing Ordinance No. 1845, an
ordinance to adopt the Rules of Procedure in all instances for Meetings of the City
Council. In order to take immediate action, Councilmember Burrell moved for
immediate consideration. Seconded by Councilmember Robinson, motion for
immediate consideration passed unanimously by the following voice votes: AYE –
Burrell, Gammon, Conyers, Robinson, and Booth. NAY - None.
Councilmember Burrell then moved for final adoption of Ordinance No. 1845.
Seconded by Councilmember Robinson, motion for final adoption passed by the
following voice votes: AYE – Burrell, Gammon, Conyers, Robinson, and Booth. NAY
- None.
Councilmember Burrell introduced in writing Ordinance No. 1846, an
ordinance that Mayor Sherry Sullivan is hereby required to act as the Full-time
Superintendent of the City of Fairhope Utility System. In order to take immediate
action, Councilmember Burrell moved for immediate consideration. Seconded by
Councilmember Robinson, motion for immediate consideration passed unanimously
by the following voice votes: AYE – Burrell, Gammon, Conyers, Robinson, and
Booth. NAY - None.
Councilmember Robinson then moved for final adoption of Ordinance No.
1846. Seconded by Councilmember Burrell, motion for final adoption passed by the
following voice votes: AYE – Burrell, Gammon, Conyers, Robinson, and Booth. NAY
- None.
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that Lisa A. Hanks is hereby appointed as City
Clerk. The term of the City Clerk shall serve until the next general municipal election
or until a successor is elected by the council and qualified. Section 11-43-3, Code of
Alabama, 1975. Seconded by Councilmember Gammon, motion passed unanimously
by voice vote.
*
*
*
*
Page 23 of 458
3 November 2025
RESOLUTION NO. 5623-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That LISA A. HANKS is hereby appointed as City Clerk. The term of the
City Clerk shall serve until the next general municipal election or until a successor is
elected by the council and qualified. Section 11-43-3, Code of Alabama, 1975.
ADOPTED 3RD DAY OF NOVEMBER, 2025
________________________________
James Reid Conyers, Jr.
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 Kimberly “Kim Creech is hereby
appointed as City Treasurer. The term of the City Treasurer shall serve until the next
general municipal election or until a successor is elected by the council and qualified.
Section 11-43-3, Code of Alabama, 1975. Seconded by Councilmember Burrell,
motion passed unanimously by voice vote.
RESOLUTION NO. 5624-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That KIMBERLY “KIM” CREECH is hereby appointed as City
Treasurer. The term of the City Treasurer shall serve until the next general municipal
election or until a successor is elected by the council and qualified. Section 11 -43-3,
Code of Alabama, 1975.
ADOPTED 3RD DAY OF NOVEMBER, 2025
________________________________
James Reid Conyers, Jr.
Council President
ATTEST:
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 24 of 458
3 November 2025
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that Stephanie Hollinghead is hereby
appointed as Chief of Police. The term of the Chief of Police shall serve until the next
general municipal election or until a successor is elected by the council and qualified.
Section 11-43-5, Code of Alabama, 1975. Seconded by Councilmember Burrell,
motion passed unanimously by voice vote.
RESOLUTION NO. 5625-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That STEPHANIE HOLLINGHEAD is hereby appointed as Chief of Police.
The term of the Chief of Police shall serve until the next general municipal election or until a
successor is elected by the council and qualified. Section 11-43-5, Code of Alabama, 1975.
ADOPTED 3RD DAY OF NOVEMBER, 2025
________________________________
James Reid Conyers, Jr.
Council President
ATTEST:
________________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that Marcus E. McDowell is hereby appointed
as City Attorney. The term of the City Attorney shall serve until the next general
municipal election or until a successor is elected by the council and qualified. Section
11-43-3, Code of Alabama, 1975; and that Mayor Sherry Sullivan is authorized to
sign an engagement letter between the City of Fairhope and Marcus E. McDowell for
legal services. The motion was seconded by Councilmember Robinson.
Councilmember Gammon stated that he would be voting no for this appointment. He
said that Marcus McDowell’s conduct during the election was not appropriate. After
further discussion, motion passed by the following voice votes: AYE – Burrell,
Conyers, Robinson, and Booth. NAY - Gammon.
*
*
Page 25 of 458
3 November 2025
RESOLUTION NO. 5626-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That Marcus E. McDowell is hereby appointed as City Attorney. The
term of the City Attorney shall serve until the next general municipal election or until
a successor is elected by the council and qualified. Section 11-43-3, Code of
Alabama, 1975.
BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, that Mayor Sherry Sullivan is authorized to sign an engagement letter
between the City of Fairhope and Marcus E. McDowell for legal services. .
ADOPTED 3RD DAY OF NOVEMBER, 2025
________________________________
James Reid Conyers, Jr.
Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized
to execute an Engagement Letter for Professional Legal Services with Hand Arendall
Harrison Sale, LLC which includes planning and zoning matters, general
representation as requested by the City, and litigation that may or may not be covered
by the City’s insurance policy. Seconded by Councilmember Robinson, motion
passed unanimously by voice vote.
*
*
*
Page 26 of 458
3 November 2025
RESOLUTION NO. 5627-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute
an Engagement Letter for Professional Legal Services with Hand Arendall Harrison Sale,
LLC which includes planning and zoning matters, general representation as requested by
the City, and litigation that may or may not be covered by the City’s insurance policy.
DULY ADOPTED THIS 3RD DAY OF NOVEMBER, 2025
________________________________
James Reid Conyers, Jr.
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 authorizing the Bank signers of all City of
Fairhope Accounts. Seconded by Councilmember Burrell, motion passed
unanimously by voice vote.
RESOLUTION NO. 5628-25
WHEREAS, two signatures are required on all monetary transactions of the City of
Fairhope; and
WHEREAS, travel is sometimes required of the Mayor and of the Treasurer and
provisions should be made to cover monetary requirements of the City in the absence
of one or both; THEN, THEREFORE
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, FAIRHOPE, ALABAMA, that all Financial Depositories where
monies of the City are deposited, whether in checking, savings, or other type
accounts, currently or in the future; be and hereby are advised that any two of the
following signees are authorized to sign any monetary transaction between said
Depositories and the City of Fairhope, Alabama. Attached is a list of all Depositories
for the City of Fairhope;
Page 27 of 458
3 November 2025
________________________________Sherry Sullivan, Mayor
________________________________James Reid Conyers, Jr., Council President
________________________________Lisa A. Hanks, City Clerk
________________________________Kimberly W. Creech, City Treasurer
BE IT FURTHER RESOLVED that Mayor Sherry Sullivan is hereby authorized to
use computer generated signature for routine checks under Two Thousand Five
Hundred Dollars ($10,000.00). All monetary transactions must have at least one true
signature.
Sample:
BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to all
Depositories as authorization of and as a record of above signee signatures.
ADOPTED THIS 3RD DAY OF NOVEMBER, 2025
_________________________________
James Reid Conyers, Jr.,
Council President
Attest:
__________________________________
Lisa A. Hanks, MMC
City Clerk
City of Fairhope Depositories
Truist Bank
PNC Bank
Regions Bank
Smart Bank
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution approving the Holidays for FY 2025 - 2026.
Seconded by Councilmember Burrell, motion passed unanimously by voice vote.
Page 28 of 458
3 November 2025
RESOLUTION NO. 5629-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, THAT THE FOLLOWING 2025 – 2026 HOLIDAYS WILL BE
OBSERVED BY ALL CITY PERSONNEL EXCEPT EMERGENCY EMPLOYEES:
Veterans Day - Tuesday, November 11, 2025
Thanksgiving Holidays - Thursday & Friday, November 27 & 28, 2025
Christmas Holidays - Wednesday & Thursday, December 24 & 25, 2025
New Year’s Day - Thursday, January 1, 2026
Martin Luther King, Jr. - Monday, January 19, 2026
Mardi Gras Day - Tuesday, February 17, 2026
Memorial Day - Monday, May 25, 2026
Juneteenth Day - Friday, June 19, 2026
Independence Day - Friday, July 3, 2026
Labor Day - Monday, September 7, 2026
DULY ADOPTED THIS 3RD DAY OF NOVEMBER, 2025
________________________________
James Reid Conyers, Jr.,
Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 29 of 458
3 November 2025
Council President Conyers read the following appointments for Planning
Commission terms.
11/06/25 - 08/31/26 Councilmember Conyers
09/01/26 - 06/30/27 Councilmember Gammon
07/01/27 - 03/31/28 Councilmember Burrell
04/01/28 - 01/31/29 Councilmember Robinson
02/01/29 - 10/31/29 Councilmember Booth
Council President Conyers mentioned that in the next couple of months, he
would be revamping these Committees and Boards if possible. He then appointed the
following Councilmembers to be Liaisons for the following Department; and
mentioned these could be changed at any time if needed:
Utilities Gas/Water/Sewer/Electric Councilmembers: Booth and Gammon
Parks & Recreation and Library Councilmembers: Robinson and Booth
Finance & Audit Councilmembers: Burrell and Conyers
Public Works & Industrial Recruitment Councilmembers: Burrell and Conyers
Police, Fire, & Court Councilmembers: Gammon and Robinson
Council President Conyers read the Board and Committee Appointments for
Place 1, Place 2, Place 3, Place 4, and Place 5. He reiterated that if any of the
Councilmembers do not feel the appointment is a good fit, then these could be
changed at any time. Councilmember Gammon said the he would like to revisit these
appointments in three to six months; and to collaborate with what each
Councilmembers passions are.
Eastern Shore Metropolitan Planning Organization: Appoint Council President
Burrell and Mayor Sherry Sullivan.
Place 1 - Burrell Harbor Board and Employee liaison - Pat White
Industrial Development Board
Streets and Traffic Control Committee
Place 2 - Gammon Fairhope Environmental Advisory Board
Recycling Committee and Employee liaison - Murray Cameron
Tree Committee
Place 3 - Conyers Fairhope Public Schools Commission
Personnel Board
Streets and Traffic Control Committee
Place 4 - Robinson Christmas Parade - Lieutenant Shane Nolte and
Employee liaison - Paige Crawford
Fairhope Historic Preservation Commission
Recreation Board and Employee liaison - Pat White
Place 5 - Booth Library Board
Museum Advisory Board
Pedestrian and Bicycle Committee
Page 30 of 458
3 November 2025
Councilmember Burrell said he was looking forward to working with
Councilmembers Gammon and Faust Booth; and to continue working with
Councilmembers Conyers and Robinson. Councilmember Burrell said he appreciates
the experience they bring to the City Council. He thanked everyone in the audience
and for a large turnout.
Councilmember Burrell said he appreciated City Staff who are here tonight. He
congratulated to the members of staff that were appointed by the City Council
tonight. He said, “you all have done a great job; and we appreciate you.”
Councilmember Burrell said, “he looks forward to working with you all for another
four years.”
Councilmember Gammon thanked everyone in the audience; and thanked the
City Council who have been very welcoming and cordial. He thanked Mayor
Sullivan, City Clerk Lisa Hanks, and City Treasurer Kim Creech for all of their help
and answering questions. Councilmember Gammon thanked his family and friends
for supporting him; and said he looks forward to serving Fairhope.
Councilmember Robinson thanked the City of Fairhope and citizens for
allowing him to serve as a Councilmember. He said it is an honor to serve on this City
Council. Councilmember Robinson said he is looking forward to working with this
City Council and serving another four years.
Councilmember Booth thanked her family and friends for being here. She
thanked everyone who is here tonight. She thanked the City of Fairhope and everyone
that supported her and believed in her. Councilmember Booth commented she is glad
to be working with these men; and we all get along. She told the Councilmembers she
loves them; and loves Mayor Sherry Sullivan. Councilmember Booth said she has
being riding with Department Heads in the field; and said Mayor Sullivan is doing a
great job.
Council President Conyers announced our next regular City Council meeting
will be next Monday. He thanked everyone for being here tonight. Council President
Conyers thanked his wife Ashley and daughter Margaret; and all of the family
members here tonight supporting the new legislative body.
He thanked Mayor Sullivan for all she does for the City of Fairhope; and the
tremendous staff we have. Council President Conyers said he hopes they have a
productive term. He welcomed Councilmembers Gammon and Booth; and said he
was excited to have them join the rest of the Council. Council President Conyers
commented we have many projects already in progress and hopes to see more
completed.
Page 31 of 458
3 November 2025
Mayor Sullivan addressed the City Council and the people in the audience
tonight. She congratulated the incoming City Council and said she looks forward to
working with them to make Fairhope a great place to live. She thanked them for
allowing her to serve as Utility Superintendent. She also thanked them for appointing
City Clerk Lisa Hanks, City Treasurer Kim Creech, and Police Chief Stephanie
Hollinghead as well as City Attorney Marcus McDowell and Attorney Chris
Williams. Mayor Sullivan commented it is great to have that continuation of staff and
they all do a great job. She thanked the citizens for continuing to have faith in her to
serve and lead this City. Mayor Sullivan said she does not take this for granted; and
said it is one of the greatest honors of her life to be able to serve where she and her
family call home. She said we have a good team and work well together.
Mayor Sullivan said there were three things she wanted to accomplish: bring stability
back in government, create a stable work environment for employees, and focus on
infrastructure. She also thanked the City employees who truly make the City special
and touch our citizens daily. She said they are dedicated and have their heart for
service; and truly enrich the lives of citizens and visitors. Mayor Sullivan state they
are the backbone for everything than has been and will be achieved here.
Mayor Sullivan thanked her family and friends for their love and support. She once
again thanked the citizens of Fairhope for giving her this opportunity to serve another
four years.
Council President Conyers announced there would be a brief reception in the
lobby; and there will also be a meet and greet at the Fairhope Brewery.
Councilmember Gammon moved to adjourn the meeting. Seconded by
Councilmember Burrell, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:27 p.m.
James Reid Conyers, Jr.,
Council President
________________________________
Lisa A. Hanks, MMC
City Clerk
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3 November 2025
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-60
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 -
Public hearing to consider the request of the Applicant, Jade
Consulting, LLC, on behalf of the Owner, Achee Properties, is
requesting conditional annexation to R-1, Low Density Single-Family
Residential District for Hill Top North. The property is approximately
14 acres and is located at 6796 Twin Beech Road. PPIN #: 3747
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
Simple zoning request to R-1 - 15,000 s.f. lot minimum - largest single-family residential
lots besides Agriculture. Will have follow-up preliminary plat whereby details will be
resolved. The property has an existing cell tower on the site that will remain.
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 39 of 458
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 40 of 458
ORDINANCE NO. ________
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as
follows:
The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with
the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect
to that certain property described below:
After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope,
Alabama has forwarded a favorable recommendation of R-1, Low Density Single-Family
Residential District,
The property of Achee Properties (containing 14 acres, more or less) is generally located at 6796
Twin Beech Road, Fairhope, AL.
(Case number ZC 25.09)
Commencing at the northeast corner of Section 30, Township 6 South, Range 2 East Baldwin
County, Alabama as shown on survey by Geo-Surveying, Inc. dated 11/08/99; thence run south
89°-53'-59" west along the north line of said Section 30 a distance of 1,115.33 feet; thence south
00°-06'-01" east a distance of 41.51 feet to a capped rebar (Wattier) on the south right-of-way line
of Twin Beech Road (80' r/w) and the point of beginning of the following described parcel;
thence run south 03°-08'-50" west a distance of 165.57 feet to a capped rebar (Wattier); thence
run south 87°-16'-08" east a distance of 209.00 feet to a capped rebar (Wattier); thence run south
40°-15'-32" east a distance of 28.00 feet to a 1/2" open top pipe; thence run north 84°-29'-43" east
a distance of 167.50 feet to a 1" open top pipe; thence run north 89°-36'-27" east a distance of
232.03 feet to a capped rebar (R&C); thence run south 00°-05'-46" east a distance of 428.55 feet
to a capped rebar (Wattier); thence run south 89°-57'-54" west a distance of 165.27 feet to a
capped rebar (Fairhope) at the northeast corner of hill top subdivision, phase two as recorded in
slide 2893-f of the records in the office of the Judge of Probate, Baldwin County, Alabama;
thence run south 89°-19'-43" west along the north line of said subdivision a distance of 457.58
feet to a capped rebar (HMR) at the northwest corner of said subdivision; thence run north 89°-
41'-56" west a distance of 541.09 feet to a capped rebar (Wattier); thence run north 00°-03'-42"
west a distance of 603.45 feet to a capped rebar (illegible) on the south right-of-way line of Twin
Beech Road; thence run north 89°-17'-51" east a distance of 547.34 feet to the point of beginning.
The described parcel contains 13.71 acres, more or less, and is the same parcel as described in the
statutory warranty deed recorded as Instrument 1873518 of the Records in the Office of the Judge
of Probate, Baldwin County, Alabama.
A map of the property to be rezoned is attached as Exhibit A.
This property shall hereafter be lawful
to construct on such property any structures permitted by Ordinance No. 1253 and to use said
premises for any use permitted or building sought to be erected on said property shall be in
compliance with the building laws of the City of Fairhope and that any structure shall be
approved by the Building Official of the City of Fairhope and that any structure be erected only in
compliance with such laws, including the requirements of Ordinance No. 1253.
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.
Page 41 of 458
Effective Date – This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
Page 42 of 458
Payton Rogers
Approved
Planning Commission (5 Ayes)(0 Nays) voted to recommend approval of ZC 25.09
City Council
November 10, 2025
Page 43 of 458
ZC 25.09 – Hill Top North
October 6, 2025
Page 1 of 6
SUMMARY OF REQUEST
Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Achee
Properties, for conditional annexation to R-1, Low Density Single-Family Residential District for Hill Top North.
The property is approximately 14 acres and is located at 6796 Twin Beech Road.
SITE HISTORY
The subject site is currently located within Baldwin County jurisdiction. There have been no City of Fairhope
Planning Commission or Board of Adjustment applications associated with this site.
STAFF COMMENTS
The subject site is currently zoned Base County Zoning District (BCZ) within Baldwin County jurisdiction. The
Baldwin County Zoning Ordinance does not provide dimensional standards and is very vague regarding BCZ
as it is intended to be a placeholder zoning designation.
The site directly abuts TR, Tourism Resort District to the South as well as the original Hilltop Subdivision, zoned
PUD within the City of Fairhope. All other properties abutting to the North, East, and West are located within
Baldwin County jurisdiction and similarly zoned BCZ. All abutting properties are either undeveloped or being
utilized for residential uses. An existing telecommunications tower is located on the subject site.
As previously mentioned, if approved, the Applicant requests an R-1, Low Density Single-Family Residential
District zoning designation. The City of Fairhope dimension standards and use table have been attached at the
end of this report as an exhibit. Article III of the City of Fairhope Zoning Ordinance defines R-1 Districts and
allowed Uses as follows:
“R-1 Low Density Single-Family 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-1, R-1a, R-1b, and R-1c) based on lot sizes.”
Properties zoned R-1 have a minimum lot area requirement of 15,000 square feet. The subject site is 13.71±
acres (597,361± square feet) and as such, if approved, would have the potential for 39± lots to be proposed
on site. However, it’s important to note that this calculation does not account for the existing
telecommunications tower, lot setbacks, buffering, or consideration of other necessary infrastructure which
will drastically reduce the number of potential future lots.
If approved and annexed into the City, Staff supports the requested R -1 zoning designation as it is most
analogous to the surrounding lots dimensions and existing land uses.
Citizen Comments
At the time this report was drafted no public comments were received.
Wetlands
The existence of wetlands on site will be confirmed, and protections will be addressed during the standard
Subdivision and development process.
Page 44 of 458
ZC 25.09 – Hill Top North
October 6, 2025
Page 2 of 6
Utilities
Utility information was not provided with this application and is not required. Utility requirements will be
addressed during the standard Subdivision and development process.
Page 45 of 458
ZC 25.09 – Hill Top North
October 6, 2025
Page 3 of 6
REZONING CONSIDERATIONS
Standards of Review:
Article II Section C.1.e of the City of Fairhope Zoning Ordinance sets forth the following criteria for reviewing
rezoning requests:
1) Compliance with the Comprehensive Plan;
Staff Response: Compliant
2) Compliance with the standards, goals, and intent of this ordinance;
Staff Response: Compliant
3) The character of the surrounding property, including any pending development activity;
Staff Response: Compliant. Nearby properties consist of large parcels of land currently being utilized for
residential and/or undeveloped areas.
4) Adequacy of public infrastructure to support the proposed development;
Staff Response: The current application is a conditional annexation request for R -1 zoning without a Site
Plan review. Future projects within the subject site shall be required to provide adequate public
infrastructure. Development of the subject site requires Fairhope Water and Sewer services, hence the
proposed annexation petition.
5) Impacts on natural resources, including existing conditions and ongoing post -development
conditions;
Staff Response: Existing conditions are primarily undeveloped aside from an existing
telecommunications tower. Post development conditions may impact the existing natural resources on
site. However, negative impacts will be limited as all future development must comply with the City of
Fairhope Subdivision Regulations and Zoning Ordinance.
6) Compliance with other laws and regulations of the City;
Staff Response: Full compliance with all municipal codes and ordinances will be required at the time of
any future development.
7) Compliance with other applicable laws and regulations of other jurisdictions;
Staff Response: Full compliance with all municipal codes and ordinances will be required at the time of
any future development.
8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values; and
Staff Response: Site conditions are primarily undeveloped aside from an existing telecommunications
tower. Post development conditions may impact property adjacent to the site. However, negative impacts
will be limited as all future development must comply with the City of Fairhope Subdivision Regulations
and Zoning Ordinance.
Page 46 of 458
ZC 25.09 – Hill Top North
October 6, 2025
Page 4 of 6
9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Staff Response: Site conditions are primarily undeveloped aside from an existing telecommunications
tower. Post development conditions may impact the surrounding neighborhood. However, negative
impacts will be limited as all future development must comply with the City of Fairhope Subdivision
Regulations and Zoning Ordinance
Recommendation:
Staff recommends APPROVAL of ZC 25.09 – Hill Top North Conditional Annexation.
Page 47 of 458
EXHIBITS ZC 25.09 – Hill Top North
October 6, 2025
Page 5 of 6
Excerpt from Table 3-2: Dimension Table – Lots and Principle Structure
Dimension
District or
Use
Min. Lot Area /
Allowed Units
Per Acre (UPA)
Min. Lot Width Front
Setback
Rear
Setback
Side
Setback
Street Side
Setback
Max. Total Lot
Coverage by
All Structures
Max.
Height
R/A 3 acres/ - 198’ 75’ 75’ 25’ 50’ none 30’
R-1 15,000 s.f./ - 100’ 40’ 35’ 10’ b 20’ 40% 30’ a
R-1a 40,000 s.f./ - 120’ 30’ 30’ 10’ b 20’ 25% 35’
R-1b 30,000 s.f./ - 100’ 30’ 30’ 10’ b 20’ 25% 35’
R-1c 20,000 s.f./ - 80’ 30’ 30’ 10’ b 20’ 25% 35’
Page 48 of 458
EXHIBITS ZC 25.09 – Hill Top North
October 6, 2025
Page 6 of 6
Excerpt from Table 3-1: Use Table
Zoning Districts R-1 (a, b, c) Zoning Districts R-1 (a, b, c)
Use Categories / Specific Uses Use Categories / Specific Uses
Dwelling Service
Single-Family ● Convalescent or Nursing Home ○
Two-family Clinic ○
Townhouse Outdoor Recreation Facility ○
Patio Home Day Care ○
Multiple-family / Apartment General Personal Services
Manufactured Home Mortuary or Funeral Home
Mixed-use Automobile Repair
Accessory Dwelling Indoor Recreation
Estate Dry Cleaner / Laundry
Civic Personal Storage
Elementary School ● Bed & Breakfast
Secondary School ● Hotel / Motel
Education Facility ● Boarding House or Dormitory
Library ● Recreational Vehicle Park
Place of Worship Restaurant
Cemetery ○ Bar
Hospital Entertainment Venue
Public Open Space ● Marina
Common Open Space ● Kennel or Animal Hospital
Community Center or Club ○ Warehouse
Public Utility ○ Junk Yard or Salvage Yard
Office Manufacturing
General Limited
Professional Light
Home Occupation э General
Retail Food Processing
Grocery Rural
Convenience Store Agriculture
General Merchandise Rural Market
Shopping Center Plant Nursery
Automobile Service Station
Outdoor Sales Limited
Outdoor Sales Lot
Garden Center
● = Allowed By-Right Э = Special Conditions ○ = On Appeal
Page 49 of 458
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Page 53 of 458
STELLAR Team – eXp Realty LLC
11 N Water Street, Suite 10290
Mobile, AL 36602
Date: July 17, 2025
To: City of Fairhope
AND
Mr. Pat Achee
RE: Official Tower Ownership and Tenancy Disclosure – 6570 Twin Beech Road, Fairhope, Alabama
Dear City of Fairhope and Mr. Achee,
Please accept this letter as formal documentation regarding the ownership and tenant details for the
telecommunications tower located at 6570 Twin Beech Road, Fairhope, Alabama as provided by Crown Castle USA
Inc.
In response to your request, we are providing the following verified information:
Tower Owner:
Crown Castle USA Inc.
8020 Katy Freeway
Houston, TX 77024
www.crowncastle.com
Crown Castle Contact:
Jim W. Robinson
Real Estate Specialist III – Foreclosures / Operational Support
Phone: (713) 570-3071
Fax: (724) 416-6271
Confirmed Tenants:
(Lessee Carriers on the Tower)
● Verizon Wireless
● Southern Communications Services, Inc.
● AT&T Mobility
● DISH Wireless LLC
If you require any additional documentation or clarification, please don’t hesitate to contact me directly.
Sincerely,
Cheryl Stovall
STELLAR Team – eXp Realty LLC
cheryl.stovall@exprealty.com
(251) 206-9336
Page 54 of 458
STATE OF ALABAMA
COUNTY OF BALDWIN
COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2
EAST BALDWIN COUNTY, ALABAMA AS SHOWN ON SURVEY BY GEO-SURVEYING, INC. DATED
11/08/99; THENCE RUN SOUTH 89°-53'-59" WEST ALONG THE NORTH LINE OF SAID SECTION 30
A DISTANCE OF 1,115.33 FEET; THENCE SOUTH 00°-06'-01" EAST A DISTANCE OF 41.51 FEET TO
A CAPPED REBAR (WATTIER) ON THE SOUTH RIGHT-OF-WAY LINE OF TWIN BEECH ROAD (80'
R/W) AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE RUN
SOUTH 03°-08'-50" WEST A DISTANCE OF 165.57 FEET TO A CAPPED REBAR (WATTIER); THENCE
RUN SOUTH 87°-16'-08" EAST A DISTANCE OF 209.00 FEET TO A CAPPED REBAR (WATTIER);
THENCE RUN SOUTH 40°-15'-32" EAST A DISTANCE OF 28.00 FEET TO A 1/2" OPEN TOP PIPE;
THENCE RUN NORTH 84°-29'-43" EAST A DISTANCE OF 167.50 FEET TO A 1" OPEN TOP PIPE;
THENCE RUN NORTH 89°-36'-27" EAST A DISTANCE OF 232.03 FEET TO A CAPPED REBAR (R&C);
THENCE RUN SOUTH 00°-05'-46" EAST A DISTANCE OF 428.55 FEET TO A CAPPED REBAR
(WATTIER); THENCE RUN SOUTH 89°-57'-54" WEST A DISTANCE OF 165.27 FEET TO A CAPPED
REBAR (FAIRHOPE) AT THE NORTHEAST CORNER OF HILL TOP SUBDIVISION, PHASE TWO AS
RECORDED IN SLIDE 2893-F OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE,
BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 89°-19'-43" WEST ALONG THE NORTH LINE
OF SAID SUBDIVISION A DISTANCE OF 457.58 FEET TO A CAPPED REBAR (HMR) AT THE
NORTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH 89°-41'-56" WEST A
DISTANCE OF 541.09 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN NORTH 00°-03'-42"
WEST A DISTANCE OF 603.45 FEET TO A CAPPED REBAR (ILLEGIBLE) ON THE SOUTH RIGHT-OF-
WAY LINE OF TWIN BEECH ROAD; THENCE RUN NORTH 89°-17'-51" EAST A DISTANCE OF 547.34
FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 13.71 ACRES, MORE OR
LESS, AND IS THE SAME PARCEL AS DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED
AS INSTRUMENT 1873518 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE,
BALDWIN COUNTY, ALABAMA.
Page 55 of 458
Page 56 of 458
Page 57 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-105
FROM: George Ladd , PUBLIC WORKS DIRECTOR
Lisa Hanks, CITY CLERK
SUBJECT: Ordinance — An Ordinance Repealing and Replacing Ordinance No.
722: Chapter 21: Article VI. Garbage and Trash Collection and
Disposal: sections 21-76 and 21-77.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
City Council Approval.
BACKGROUND INFORMATION:
SECTION I. The Code of Ordinances, City of Fairhope, Alabama, Chapter 21, Article VI.
Garbage and Trash Collection and Disposal. Sections 21-76 and 21-77are hereby
amended to reflect the following changes and additions:
Article VI. GARBAGE AND TRASH COLLECTION AND DISPOSAL
Section 21-76. City Landfill – Prohibited Usage.
It shall be unlawful for any person or any agent thereof to use the City Landfill for the
disposal of the clearings of any vacant lot, including, but not limited to, trees, limbs,
stumps, trash or debris; or the dumping of any lumber, brick, stones, mortar or any other
debris from the demolition of any house, building or other structure; or to use said
Landfill for the disposal of any unauthorized disposable trash or garbage.
Section 21-77. Same – Residence and Decal Requirement
(a) The use of the City landfill area is hereby limited to the residents who live inside the
City limits of Fairhope. Any such resident shall be allowed to use the City Landfill
without charge, during the designated hours as posted at the Landfill area, provided that
said resident has a current decal affixed to his vehicle. Said decal, commonly known as
a "Landfill Sticker," may be obtained at City hall during regular business hours by any
resident who lives inside the City limits of Fairhope at no charge; and that proof of
residency must be provided in the form of an Alabama State issued Identification Card
(driver’s license for example), a Fairhope Public Utility Bill showing garbage charge, and
a vehicle registration showing City Ad Valorem Taxes. Said decal is issued every other
Page 58 of 458
year and is current for two (2) years, as printed on the decal.
(b) All other persons are hereby prohibited from using the City landfill area, if they are
residents who do not live inside the City limits of Fairhope. Any person who shall be
found using the Landfill, who does not live inside the City limits of Fairhope limits or who
does not have a current decal, shall, upon conviction, be punished as provided in
Section 1-8; provided the fine shall not be less than one hundred dollars ($100.00).
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 59 of 458
ORDINANCE NO. ____
The Code of Ordinances, City of Fairhope, Alabama, Chapter 21,
Article VI. Garbage and Trash Collection and Disposal. Sections 21-76 and 21-77are
hereby amended to reflect the following changes and additions:
It shall be unlawful for any person or any agent thereof to use the City Landfill for
the disposal of the clearings of any vacant lot, including, but not limited to, trees,
limbs, stumps, trash or debris; or the dumping of any lumber, brick, stones, mortar or
any other debris from the demolition of any house, building or other structure; or to
use said Landfill for the disposal of any unauthorized disposable trash or garbage.
(a) The use of the City landfill area is hereby limited to the residents who live inside
the City limits of Fairhope. Any such resident shall be allowed to use the City
Landfill without charge, during the designated hours as posted at the Landfill
area, provided that said resident has a current decal affixed to his vehicle. Said
decal, commonly known as a "Landfill Sticker," may be obtained at City hall
during regular business hours by any resident who lives inside the City limits of
Fairhope at no charge; and that proof of residency must be provided in the form
of an Alabama State issued Identification Card (driver’s license for example), a
Fairhope Public Utility Bill showing garbage charge, and a vehicle registration
showing City Ad Valorem Taxes. Said decal is issued every other year and is
current for two (2) years, as printed on the decal.
(b) All other persons are hereby prohibited from using the City landfill area, if they
are residents who do not live inside the City limits of Fairhope. Any person who
shall be found using the Landfill, who does not live inside the City limits of
Fairhope limits or who does not have a current decal, shall, upon conviction, be
punished as provided in Section 1-8; provided, the fine shall not be less than one
hundred dollars ($100.00).
The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional by a court of competent jurisdiction, then such
ruling shall not affect any other paragraphs and sections, since the same would have
been enacted by the municipality council without the incorporation of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Page 60 of 458
Ordinance No. _____
SECTION III. EFFECTIVE DATE
Page 61 of 458
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ORDINANCE NO. pJ-
AN ORDINANCE 'IO AMEND SECI'IONS 21-76, 21-77, and 21-78 OF THE CITY OF
FAIRHOPE CODE OF ORDINANCES: USAGE OF CITY DUMP (OR GARBAGE DUMP)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOI.J.avS:
Section One: Section 21-76, Code of Ordinances, is hereby arrended to read as
follows:
"Sec. 21-76. City Durrp--Prohibited usage.
It shall be unlawful for any person or any agent thereof to use
the City Durrp(or Garbage Durrp) for the disposal of the clearings of
any VACJNr rm, including but not limited to, trees, limbs , stumps,
trash, or debris; or the durrping of any lumber, brick, stones, rrortar
or any other debris fran the DEM)LITION of any house, building, or
other structure; or to use said Durrp for the disposal of any unautho
rized disposable trash or garbage; without prior approval of the city
evidenced by a "Temporary Durrp Pass" signed by the Building Official
or his agent."
Section 'Iwo: Section 21-77, Code of Ordinances, is hereby arrended to read as
follows:
"Sec. 21-77. Sarre--Residence & Decal requirerrent.
(a) The use of the city land fill area, cam-only known as the
City Durrp or Garbage Durrp, is hereby limited to the resident citizens
of the confines of within the city limits. kny such resident shall be
allowed to use the City Durrp without charge, during the designated hcurs
as posted at the Durrp area, provided said resident has a current DEX:AL
affixed to his vehicle. Said DEX:AL, camonly known as a "Beach Sticker",
may be obtained at City Hall during regular business hours by any resident
citizen,at no charge,by said citizen presenting his vehicle's current
license tag receipt indicating the payrrent of city tax AND a current
utility bill showing the payrrent of the rronthly Garbage Fee. Said DEX:AL
is issued every other year and is current for two years as printed on
Decal. City Tax, if anitted fran current license tag receipt, may be
paid at the tine of application for DEX:AL.
(b) All other persons are hereby prohibited fran using the city land
fill area, or City Durrp (Garbage Durrp), if they are without the confines
of the city limits. kny person who shall be found using the Durrp, who
is not residing or located within the confines of the city limits or who
does not have a current DEX:AL, shall, upon conviction, be punished as
provided in Section 1-8, provided the fine shall be not less than one
hundred dollars ($100.00)."
Section Three: Section 21-78, sub-paragraph (b) only, is hereby voided in
full as obsolete.
Section Four: If any portion of this ordinance be found unconstitutional by a
court of =rpetent jurisdiction, all other portions rerrain in full force and
effect.
Section Five: This ordinance shall take effect innediately upon due adoption and
publication as required by law.
ADOPTED THIS 27 DAY OF __ ~-+'I-------' 1983 •
Page 62 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-104
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Ordinance: An Ordinance to Amend Ordinance No.1689 the Bylaws
of the Environmental Advisory Board.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
City Council Approval.
BACKGROUND INFORMATION:
Amend the following:
Section 2-83. Officers and Meetings.
(a) The chairman of the board will be selected by majority vote of the members
attending the first meeting of the year and may serve as long as the board decides.
(b) The chairman will organize and preside over meetings and appoint members to
special sub-committees as needed to accomplish issues being addressed.
(c) A majority vote of attending members will be required before an issue is brought
before the mayor and city council.
(d) The monthly meeting will be held at 3:00 p.m. on the second Friday of every other
month at a location determined by the chairman. Other special meetings may be called
as needed.
Severability. The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by a court of competent jurisdiction,
then such ruling shall not affect any other paragraphs and sections, since the same
would have been enacted by the municipality council without the incorporation of any
such unconstitutional phrase, clause, sentence, paragraph or section.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
Page 63 of 458
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 64 of 458
ORDINANCE NO. ____
, as follows:
Section 1. The Code of Ordinances, City of Fairhope, Alabama, Ordinance No. 1689,
Chapter 2, Article III, Boards and Committees; Division 2. Environmental Advisory Board;
Section 2-83 (d): Officers and meetings is hereby amended to reflect the following changes
and additions:
(a) The chairman of the board will be selected by majority vote of the members attending the
first meeting of the year and may serve as long as the board decides.
(b) The chairman will organize and preside over meetings and appoint members to special
sub-committees as needed to accomplish issues being addressed.
(c) A majority vote of attending members will be required before an issue is brought before
the mayor and city council.
(d) The monthly meeting will be held at 3:00 p.m. on the second Friday of every other month
at a location determined by the chairman. Other special meetings may be called as needed.
Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not
affect any other paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such unconstitutional phrase, clause,
sentence, paragraph or section.
Effective Date. This ordinance shall take effect beginning in January 2026 upon its due
adoption and publication as required by law.
ADOPTED AND APPROVED THIS 10TH DAY OF NOVEMBER, 2025
______________________________
James Reid Conyers, Jr.
Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED AND APPROVED THIS 10TH DAY OF NOVEMBER, 2025
______________________________
Sherry Sullivan, Mayor
Page 65 of 458
ORDINA CE NO. 1689
AN ORDINA 'CE TO REPEAL AND REPLACE ORDINA CE NO. 1541
A D ORDI 1ANCE N0.1435 AND TOE TAB LI SH T HE BYLAWS OF
THE FA IRHOP E E VIRO N l\'TENTAL ADVlSO RY BOARD
ARTlCLE l. MlSS IO 1
The mission of this Board shall be to provide policy advice to the Mayor and C ity Council
regarding e11viro11111e111a/ matters that concern the City of Fa irhope.
ARTICLE II. MEMBERSHIP
Section I . Members will be rcsidems of Fai rh ope. They will be imcrcstcd in th e
environ111e111a/ issues . Employees of e11viro11111e111al agencies or companies having
economic interests in e11viro11111e111al matters will be welcome to attend board meetings
and comment on issues under rudy .
Section 2. The board will consist of nine (9) member~. Members may be nominated by
the Mayor, City Counci l or by other members. Members will be appointed by the ci ty
council. A member with unwarmntcd absence from three (3) regular meetings per
calendar year shall have resigned their appointment.
Section 3 . T he City will assign a qualified employee to attend meetings and be
responsible for taking meeting minutes to be distributed to members and other interested
part ies and maintain an up-to-date listing of member an d their ad dre ses. Other City
employees with e11 viro11111e111af responsibili ties arc urged to attend meetings.
Sec tion 4. Th e Board may have sub--commi ttce s, uch as Tree or Recycling Committees ,
which will each have its own cha innan and appropriate objectives . Such sub-commi tt ees
may meet separate ly as needed but will report their ac tivitic in regular monthly Board
meetings .
Section S. The City Council will appoin t one Councilmember to attend Board meetings
and/or keep informed of Board ac tivities. At a m inimum , the Councilmember will meet
with the Board Chairman every three months to keep appri sed of enviro11111e111a/ issues
under consideration .
ARTICLE Ill . OFFICERS AN D MEET INGS
Section I . The Chainnan of th e Board will be se lected by majority vote of the members
attending th e first meeting of the year and may ervc as long as the Board decides.
Section 2 . The Chairma n will organize and preside over meetings an d appoint members
to spec ial sub-committees as needed to accomplish issues being addressed .
Sec tion 3. A majority vote of attending members wil l be requi red before an issue is
brought before the Mayor and City Council.
Section 4 . The month ly meeting will be he ld at 3:00 p .m. on the second Frid ay of each
month at a location determin ed by the Chaim1an. Other s pe cial meetings may be called as
needed.
Page 66 of 458
II
Ordinance No. 1689
Page -2-
The sect ions , paragraphs, sen tences, clau cs and phrases of this o rd inance arc seve rable,
and if any phra c , clau c, se ntence , paragraph or sec tion of this ordin an ce sh all be
declared unconstitutional by a court of compete nt jurisdic tion, t hen such ruling shall not
affect any other paragrap hs and cctio ns. since t he same would have been enacted by th e
municipality council without the incorporation of any such unc onstitutional phrase, c lause,
sentence, paragraph or sec tion .
This ordinance shall take effect immediatel y, and upon its due adoption and publ ication as
requi red by la w.
ADOPTED A D APPROVED THIS 12TH DAY OF OCTOBE R 2020
ATTEST:
ADOPT ED A D APPROVED THIS 12TH DAY OF OCTOBER 2020
KacioW ist
Page 67 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-130
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: An Ordinance of the City of Fairhope, Alabama to protect the health,
safety, and general welfare of the people, to extend the temporary
suspension of consideration of certain residential Multiple Occupancy
Project and Subdivision applications in the City of Fairhope and for
other purposes.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
That the City Council adopts an Ordinance of the City of Fairhope, Alabama to protect
the health, safety, and general welfare of the people, to extend the temporary
suspension of consideration of certain residential Multiple Occupancy Project and
Subdivision applications in the City of Fairhope and for other purposes.
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:
Page 68 of 458
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 69 of 458
ORDINANCE NO. _____
WHEREAS, the City of Fairhope has adopted the Fairhope Subdivision Regulations
and Zoning Ordinance that regulate the subdivision of land and multiple occupancy
projects and development of those projects within the City limits pursuant to Alabama
Code § 11-52-30 et seq.; and
WHEREAS, there has been rapid and substantial growth in and around the City of
Fairhope; and
WHEREAS, the City Council recognizes that the explosive growth has increased the
burden on public utilities, roads, and other infrastructure as well as the health, safety,
and general welfare of the community; and
WHEREAS, the City Council adopted Ordinance No. 1823 for the purpose of
suspending consideration of certain residential dwelling multiple occupancy project
applications and certain subdivision applications while the City made several
infrastructure upgrades, additions, and improvements, conducted certain capacity
studies, and proposed certain changes to the Fairhope Subdivision Regulations and
Fairhope Zoning Ordinance consistent with the 2024 Comprehensive Plan; and
WHEREAS, the Planning Commission reviewed Zoning Case ZC25.07 which proposed
various amendments to the Zoning Ordinance, and the Planning Commission voted at
the Planning Commission meeting on September 4, 2025, with a favorable
recommendation to the City Council for adoption of those amendments; and
WHEREAS, the City Council held a public hearing on the proposed amendments to the
Zoning Ordinance on October 27, 2025, and received feedback from the public on
certain concerns and objections to some of the proposed amendments to the Zoning
Ordinance; and
WHEREAS, the City Council intends to revise the proposed amendments to the Zoning
Ordinance as part of evaluating various concerns raised by the public and for the purpose
of protecting the health, safety, and general welfare of the community; and
WHEREAS, additional revisions to the proposed amendments to the Zoning Ordinance
require additional notice, advertisement, and another public hearing before adoption
pursuant to the Alabama Code and the Zoning Ordinance; and
WHEREAS, pursuant to Ordinance No. 1823, the short-term suspension of
consideration of certain residential dwelling multiple occupancy project applications and
certain subdivision applications is set to expire on November 19, 2025; and
WHEREAS, the City Council believes that a brief four (4) month extension to the
suspension of consideration of certain residential dwelling multiple occupancy project
applications and certain subdivision applications will allow the City staff, City Council,
and Planning Commission to further evaluate and implement amendments to the Zoning
Ordinance that are in the best interests of the City of Fairhope; and
Page 70 of 458
Ordinance No. _____
WHEREAS, the City Council has determined that the suspension of consideration of
such applications is appropriate to prevent conditions that may threaten the community’s
health, safety, and general welfare; and
WHEREAS, this suspension of limited duration and limited scope would be in the
public interest and promote orderly land development.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section I: Purpose:
Section II: Temporary Suspension Established:
Section III: Conflict and Severability
Page 71 of 458
Ordinance No. _____
Section IV: Definitions
_____________________________
Sherry Sullivan, Mayor
Page 72 of 458
ORDINANCE NO. 1823
AN ORDINANCE OF THE CITY OFF AIRHOPE, ALABAMA TO
PROTECT THE HEALTH, SAFETY, AND GENERAL WELFARE
OF THE PEOPLE, FOR THE TEMPORARY SUSPENSION OF
CON SI DERATION OF CERTAIN RESIDENTIAL MULTIPLE
OCCUPANCY PROJECT AND SUBDIVISION APPLICATIONS IN THE
CITY OF FAIRHOPE AND FOR OTHER PURPOSES
WHEREAS, the City of Fairhope has adopted the Fairhope Subdivision Regulations
that regulate the subdivision of land and multiple occupancy projects within the City
limits pursuant to A labama Code § 11-52-30 et seq .; and
WHEREAS, there has been rapid and substantial growth in and around the City of
Fairhope ; and
WHEREAS , the City Council recognizes that the explosive growth has increased
the burden on public utilities , roads , and other infrastructure; and
WHEREAS , the City Council desires to address certain challenges created by the
growth with a strategic and deliberate focus on orderly land development in the City
limits ; and
WHEREAS , the City is in the process of taking several steps to address the rapid
and substantial growth over the next nine months, including but not limited to :
exploration and completion of additional wells for water consumption ; construction
and installation of millions of dollars of new water and wastewater infrastructure and
facilities to increase service leve ls and capacity; completion of upgrades and
extensions to existing water and wastewater infrastructure and facilities to increase
service levels and capacity; completion and analysis of water and wastewater sewer
capacity studies ; consideration of amendments to the existing Fairhope Subdivision
Regulations, Comprehensive Plan, and Zoning Ordinance; and review of traffic and
parking concerns ; and
WHEREAS , the City Council believes the short-term suspension on consideration
of certain residential dwelling multiple occupancy project and certain subdivision
applications will allow the City staff, City Council, Planning Commission, and
outside consultants to evaluate and focus on these specific steps to address the
identified challenges ; and
WHEREAS , the City Council has determined that the suspension on consideration
of these residential dwelling multiple occupancy project and certain subdivision
applications is appropriate to prevent conditions that may threaten the community 's
health , safety , and general welfare ; and
WHEREAS , this suspension of limited duration and limited scope would be in the
public interest and promote orderly land development.
Page 73 of 458
Ordinance No . 1823
Page -2-
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , as follows:
Section I: Purpose:
A. The City Council hereby declares it to be the purpose and intent of this
Ordinance to enact a nine (9) month suspension of consideration of all
multiple occupancy project applications that contain three (3) or more
residential dwelling units and subdivision applications that contain three (3)
or more residential lots smaller than 10 ,500 square feet per lot in the City of
Fairhope.
Section II: Temporary Suspension Established:
A. For the purposes of evaluating traffic and parking burd en , water and
wastewater capacity , and other impacts and problems facin g the City that
may be caused or which could be exacerbated by additional high density
residential dwelling development, and to allow for the analysis and
development of related updates to the City's comprehensive plan and
applicable rules , regulations , and ordinances , and to identify , provide for , and
address the City 's roadways, utility infrastructure , and other needs , the City
Council hereby suspends consideration of all applications for multiple
occupancy project ("MOP") approval under Article IV , § H of the
Subdivision Regulations and subdivision applications under Article IV of
three (3) or more residential lots smaller than 10 ,500 square feet per lot as set
forth in Section Il.B herein. The duration of this Ordinance shall be nine (9)
months from the effective date of this Ordinance.
B. The Director of Planning and the Planning Commission may not accept or
consider any new MOP application that contains three (3) or more residential
dwelling units or any new subdivision application of three (3) or more
residential lots smaller than 10 ,500 square feet per lot for the duration of this
Ordinance. Concurrent with the effectiveness hereof, all timelines set forth in
the Subdivision Regulations that relate to such applications , including
consideration, review , recommendation , hearing, and decision shall be
suspended.
C. This Ordinance shall not affect any complete MOP or subdi vision application
that has been submitted to the City Planning Department with the fee paid on
or before the effective date of this Ordinance.
Section III: Conflict and Severability
A. This Ordinance shall be construed in a manner that does not conflict with any
provision of local , state or federal law except as expressly provided herein
and except to the extent its provisions are more restrictive.
B. In the event that any section, subsection , sentence , clause or phrase of this
Ordinance shall be declared or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other sections , sentences , clause s or
phrases of this Ordinance , which shall remain in full force and effect, as if the
section , subsection , sentence , clause or phrase so declared or adjudged
invalid or unconstitutional were not originally a part thereof.
Page 74 of 458
Ordinance No. 1823
Page -3-
Section IV: Definitions
A. "City" -means the City of Fairhope , an Alabama municipal corporation .
B . "City Council" -means the elected members of the City Council of Fairhope,
Alabama.
C. "Planning Director" means the Planning Director for the City of Fairhope ,
Alabama.
D . "Planning Commission" means the Planning and Zoning Commission of the
City of Fairhope , Alabama .
E. "Subdivision Regulations" means the City of Fairhope 's Subdivision
Regulations , adopted March 8, 2007 , as amended on February 6, 2023.
F. "Effective Date" means this ordinance shall take effect upon its due adoption
and publication as required by law.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING
THEREOF ON THE 10TH DAY OF FEBRUARY , 2025.
ATTEST:
ifif Aik.L tfsaA.anics, MMC
City C erk
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING
THEREOF ON THE 10TH DAY OF FEBRUARY, 2025.
Page 75 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-107
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: 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:
November 10, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
Zoning Amendments were introduced and discussed at the October 27th City Council
meeting.
BUDGET IMPACT/FUNDING SOURCE:
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
Page 76 of 458
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 10TH DAY OF NOVEMBER, 2025
______________________________
James Reid Conyers, Jr.
Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 10TH DAY OF NOVEMBER, 2025
______________________________
Page 77 of 458
Sherry Sullivan, Mayor
Page 78 of 458
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 79 of 458
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 80 of 458
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 81 of 458
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 82 of 458
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 83 of 458
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 84 of 458
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.
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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
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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.
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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
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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
FAIRHOPE ZONING ORDINANCE 7
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Article 11 Section C
Procedures Review Procedures
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
F..IRHOPE ZOiVIiVG ORDIN4NcE 8
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Article II Section C
Procedures Review Procedures
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.
FAIRIIOPEZONING ORDINANCE 9
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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
Procedures Review Procedures
(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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Article II Section C
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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.
F4IRHOPE ZONING ORDIJ\4NcE 12
Page 94 of 458
Article II Section C
Procedures Review Procedures
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.
FAIRHOPE ZONING ORDINANCE 13
Page 95 of 458
Article II Section C
Procedures Review Procedures
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
Page 96 of 458
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.
FAIRHOPE ZONING ORDINANCE 15
Page 97 of 458
.-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 98 of 458
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 99 of 458
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 100 of 458
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 101 of 458
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 102 of 458
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 103 of 458
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 104 of 458
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 105 of 458
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 106 of 458
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 107 of 458
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 108 of 458
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 109 of 458
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 110 of 458
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 111 of 458
.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 112 of 458
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 113 of 458
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 114 of 458
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 115 of 458
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 116 of 458
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 117 of 458
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 118 of 458
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 119 of 458
-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 120 of 458
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
Page 121 of 458
-‘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
Page 122 of 458
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
Page 123 of 458
.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
Page 124 of 458
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 125 of 458
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 126 of 458
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
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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
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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.
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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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(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.
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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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Article V Section 1.
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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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Article F’Section 1.
Special Districts HTD -Highway Transitional District
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.
Page 147 of 458
Article V Section I.
Special Districts HTD -Highway Transitional District
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
Page 148 of 458
Article V Section 1.
Special Districts HTD -Highway Transitional District
(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’.
Page 149 of 458
Article Section 1.
Special Districts HTD -Highway Transitional District
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.
Page 150 of 458
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 151 of 458
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 152 of 458
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 153 of 458
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 154 of 458
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 155 of 458
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 156 of 458
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 157 of 458
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 158 of 458
‘-.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 159 of 458
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 160 of 458
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 161 of 458
-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 162 of 458
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 163 of 458
.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 164 of 458
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 165 of 458
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 166 of 458
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 167 of 458
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 168 of 458
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 169 of 458
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 170 of 458
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 171 of 458
.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.
F-i IRIIOPE ZOjVIjVG ORDIIV4NCE 86
Page 172 of 458
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.
FAIRHOPE ZONING ORDINANCE 87
Page 173 of 458
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.
Ei JRHOPE Zo1vl1vG ORDlvrvcE 88
Page 174 of 458
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.
FAIRHOPE ZONING ORDINANCE 89
Page 175 of 458
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.
F4IRHOPE ZONING ORDIN4NCE 90
Page 176 of 458
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
Page 177 of 458
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.
F-I JR FIOPE ZONING ORDIN,-INCE 92
Page 178 of 458
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.
FAIRHOPE ZONING ORDINANCE 93
Page 179 of 458
-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.
F-IIRIIOPE ZONING ORDIN.4NCE 94
Page 180 of 458
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 181 of 458
.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 182 of 458
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 183 of 458
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 184 of 458
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 185 of 458
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 186 of 458
AppendLv B
Map Amendment Ordinances
Appendix B
Map Amendment Ordinances
Ordinance No.Ordinance Date Qrdinance Description or Title
FAIRHOPE ZONING ORDINANCE B-i
Page 187 of 458
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 188 of 458
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 189 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-111
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Site Plan Extension Request - Applicant, Jade Consulting, LLC,
acting on behalf of the Owner, Encounter Development LLC, is
requesting a 180-day extension of the Site Plan approval that was
granted for the property located north of State Highway 104 and east
of State Highway 181, known as Encounter House Relocation. The
Site Plan was approved on November 21, 2024.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
This is the first extension request. We do not see any reason to deny the extension
request.
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 190 of 458
emailed):
Page 191 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-111
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Site Plan Extension Request - Applicant, Jade Consulting, LLC,
acting on behalf of the Owner, Encounter Development LLC, is
requesting a 180-day extension of the Site Plan approval that was
granted for the property located north of State Highway 104 and east
of State Highway 181, known as Encounter House Relocation. The
Site Plan was approved on November 21, 2024.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
This is the first extension request. We do not see any reason to deny the extension
request.
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 192 of 458
emailed):
Page 193 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-122
FROM: Richard Johnson, CITY ENGINEER
George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: The City Engineer, Richard Johnson, has requested to procure a
qualified contractor to provide all materials, equipment, labor and
incidentals to conduct full dredging of the Fly Creek navigation
channel and placement of spoils on North and South Beaches.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve the award of Bid No. 26-010-2025-PWI-013 Maintenance Dredging and
Shoreline Re-nourishment - Fly Creek to M & N of Alabama, LLC. with a bid proposal
not-to-exceed $717,774.00.
BACKGROUND INFORMATION:
A service bid was issued on September 26, 2025, posted to the City of Fairhope's
website, and published in Gulf Coast Media. Six (6) responsive bids were received at
the bid opening on October 30, 2025 at 2:00 p.m.
The City Engineer recommends the award be made to M & N of Alabama, LLC. Their
low bid price for the Lump Sum Cost was Seven Hundred Seventeen Thousand Seven
Hundred Seventy-Four Dollars ($717,774.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001340-
50475-60
Marina - Capital
Improvements
$500,000.00 $717,774.00 ($217,774.00)
FY26 Budget includes $250,000.00 Revenue towards this project (001-41336).
Project No. 2025PWI013
Project Expense String: 2025PWI013-CONS
Page 194 of 458
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): Treasury to enter Project in Project Master and corresponding Project Budget
and Project Expense string. Project also needs to be entered in Project database.
Page 195 of 458
RESOLUTION NO. ________
, as follows:
[1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-010-
2025-PWI-013) Maintenance Dredging and Shoreline Re-nourishment – Fly Creek
for the City of Fairhope Public Works – Engineering.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
(Bid No. 26-010-2025-PWI-013)
Maintenance Dredging & Shoreline Re-Nourishment – Fly Creek
[3] After evaluating the bid proposals with the required bid specifications, M&N of
Alabama, LLC is now awarded (Bid No. 26-010-2025-PWI-013) Maintenance
Dredging and Shoreline Re-nourishment – Fly Creek for the City of Fairhope Public
Works - Engineering with a bid proposal not-to-exceed $717,774.00.
ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025
_________________________________
James Reid Conyers, Jr.
Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
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Suzanne Doughty (Sep 17, 2025 16:56:08 CDT)
Suzanne Doughty
Page 215 of 458
PRF - Fly Creek Dredging
Final Audit Report 2025-09-18
Created:2025-09-16
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAyES-neBqIld66_ZcWh29VdezN8JGTl_s
"PRF - Fly Creek Dredging" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2025-09-16 - 7:13:49 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2025-09-16 - 7:14:13 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2025-09-17 - 6:47:28 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2025-09-17 - 9:56:08 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2025-09-17 - 9:56:11 PM GMT
Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
2025-09-18 - 1:18:21 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2025-09-18 - 1:18:40 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2025-09-18 - 1:18:42 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2025-09-18 - 2:40:18 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2025-09-18 - 2:41:19 PM GMT - Time Source: server
Agreement completed.
2025-09-18 - 2:41:19 PM GMT
Page 216 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-126
FROM: Richard Johnson, CITY ENGINEER
SUBJECT: Memorandum of Understanding with Fairhope Yacht Club
establishing they will pay 50% of the project cost as presented in this
MOU for the Channel Dredging Project at Fly Creek; and that the
City Council acknowledges and agrees that a valuable public
purpose will be served by entering into this public-private
partnership.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
That the City Council authorizes the Mayor to enter into a Memorandum of
Understanding with Fairhope Yacht Club establishing they will pay 50% of the project
cost as presented in this MOU for the Channel Dredging Project at Fly Creek; and
acknowledges and agrees that a valuable public purpose will be served by entering into
this public-private partnership.
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:
Page 217 of 458
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 218 of 458
RESOLUTION NO. _____
WHEREAS, Fly Creek is a significant natural resource for the City of Fairhope; and the Fly
Creek basin represents the only navigable, protected harbor within the City of Fairhope; and
WHEREAS, the City Council supports the full dredging of the Fly Creek Navigation
Channel and City Staff has solicited Bids for this project; and
WHEREAS, By the City of Fairhope sharing of the cost of the dredging of the Fly Creek
Harbor Channel with other parties will insure safe and continuous public water access to all
citizens and visitors needing to navigate Fly Creek, its basins, harbors, and shores; and
WHEREAS, the City Council acknowledges and agrees that a valuable public purpose will
be served by entering into a public-private partnership with the Fairhope Yacht Club for the
Channel Dredging Project at Fly Creek.
WHEREAS, the City of Fairhope is desirous to partner with the Fairhope Yacht Club
(“FYC”) for the full dredging of the Fly Creek Navigation Channel in Mobile Bay. The
partnership will be a fifty/fifty match for dredging and placement of spoils on North and
South beaches.
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF FAIRHOPE, That the City Council authorizes the Mayor to enter into a
Memorandum of Understanding with Fairhope Yacht Club establishing they will pay 50% of
the project cost as presented in this MOU for the Channel Dredging Project at Fly Creek; and
acknowledges and agrees that a valuable public purpose will be served by entering into this
public-private partnership.
ADOPTED ON THIS 10TH DAY OF NOVEMBER, 2025
_______________________________
James Reid Conyers, Jr.
Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 219 of 458
MEMORANDUM OF UNDERSTANDING (MOU)
between
The City of Fairhope, a Municipal Corporation
and
Fairhope Yacht Club, a Private Corporation
This is an agreement between “The City of Fairhope”, hereinafter called The City and
“Fairhope Yacht Club, a Private Corporation”, hereinafter called FYC.
I. PURPOSE & SCOPE
The purpose of this MOU is to clearly identify the roles and responsibilities of each party
as they relate to Project 2025-PWI 13 “Maintenance Dredging for Navigation &
Shoreline Renourishment Project – Fly Creek, hereinafter called PROJECT. In
particular, this MOU is intended to:
• Establish roles for The City and FYC in the overall execution and management of the
PROJECT.
• Establish the financial responsibilities and cost sharing mechanism for The City and
FYC for the PROJECT.
• Establish a staggered reimbursement schedule for the FYC to The City for cost
sharing for the PROJECT.
II. BACKGROUND
The City and FYC hold mutual interest in the ability of boaters to safely navigate the
harbor and channels of Fly Creek, Fairhope, Alabama. The City and FYC have worked
together to plan for and bid out an extensive Channel Dredging Project at Fly Creek in
Fairhope. The City is the lead on the project with FYC being 50% financial partner on the
shared dredged portion of the channel – STA 00+00 (West) to STA 25+25 (East) – 2,525
linear feet (0.48 Mile) Channel widths range from 60 to 100 feet. Dredge volumes are
based on an -8’ and -10’ (over-dredge allowed by permit) below mean lower low water
(MLLW). This project has successfully been publicly bid out per State Bid Laws and is
ready to be awarded by The City Council. Thus, the purpose of this binding
Memorandum Of Understanding (MOU).
III. THE CITY RESPONSIBILITIES UNDER THIS MOU
The City shall undertake the following activities:
• Will be responsible for the management of this MOU.
• Will be responsible for design, public bid, awarding, letting and all aspects of Public
Contract Management of the PROJECT.
• Will be responsible for overall PROJECT Management.
Page 220 of 458
• Will be responsible for approval, processing and payment of a Contractor Pay
Requests for the PROJECT.
• Will be responsible for full accounting and invoicing for the PROJECT and make
that accounting available to FYC upon invoicing.
• Will be responsible for PROJECT coordination with FYC.
• Will be responsible for facilitating the use of The City facilities (Fairhope Docks) by
the awarded General Contractor for the execution of the PROJECT.
IV. THE FAIRHOPE YACHT CLUB’S RESPONSIBILITIES UNDER THIS MOU
FYC shall undertake the following activities:
• Will be responsible for joining in with The City and assisting in coordinating
PROJECT Management.
• Will be responsible for procuring, holding and maintaining the required Federal and
State Permits for the PROJECT.
• Will be responsible for being 50% financial partner in the PROJECT on the shared
dredged portion of the channel – including sharing 50% on fixed costs - mobilization,
demobilization, setup of dewatering, etc.
• Will be responsible for reimbursing The City (upon invoicing) based on the
established schedule below for the PROJECT.
• Will be responsible for facilitating the use of FYC facilities (Yacht Club) by the
awarded General Contractor for the execution of the PROJECT.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. The performance period of this MOU will be 18 months effective November 14, 2025,
or by the latest date of the signing parties.
2. The City will accept reimbursement of shared costs by the FYC based on the
following schedule:
a. 1/3 due upon invoicing at PROJECT substantial completion.
b. 1/3 due upon invoicing six months post PROJECT substantial completion.
c. 1/3 (final) due upon invoicing twelve months post PROJECT substantial
completion.
3. This MOU may be modified by mutual agreement of the parties.
4. This MOU may be terminated early by advanced payment of reimbursable costs or by
mutual agreement of the parties.
VII. EFFECTIVE DATE AND SIGNATURE
This MOU shall be effective upon the signature of The City and FYC, including all
required authorized officials. It shall be in force from November 14, 2025, or by the latest
date of the signing parties and remain so for 18 months or until performance is achieved,
modification or termination by mutual agreement.
The City and FYC indicate agreement with this MOU by their signatures.
Page 221 of 458
Signatures and dates:
The City of Fairhope Fairhope Yacht Club
P.O. Drawer 429 101 Volanta Avenue
Fairhope, Alabama 36533 Fairhope, AL 36532
_____________________________ _____________________________
Sherry Sullivan Date Ellis Ollinger Date
Mayor Commodore
_____________________________
Chris Faircloth Date
Harbor Committee Chair
Page 222 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-113
FROM: Richard Johnson, CITY ENGINEER
George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: The City Engineer, Richard Johnson, is requesting to approve the
award of the Request for Quotes for Labor and Materials for the New
Bathrooms at Magnolia Beach/Pier Avenue Boat Ramp.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve the award of the Request for Quotes for labor and materials for the New
Bathrooms at Magnolia Beach/Pier Avenue Boat Ramp Project to Thomas Industries,
Inc. d/b/a Thomas Construction for the not-to-exceed project cost of $98,726.00.
Authorize Treasurer to transfer $23,726.00 from General Fund to Capital Projects Fund.
BACKGROUND INFORMATION:
The City Engineer, Richard Johnson, is requesting to approve the award of the Request
for Quotes for Labor and Materials for the New Bathrooms at Magnolia Beach/Pier
Avenue Boat Ramp. 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 fourteen (14) qualified contractors. The lowest quote
was from Thomas Industries, Inc. d/b/a Thomas Construction. The City Engineer
requests approval to award the Request for Quote to Thomas Industries, Inc. d/b/a
Thomas Construction. Their low bid quote included:
Lump Sum Quote: $88,726.00
Electrical Material Budget: $5,000.00
Slab Material Budget: $5,000.00
The total lump sum quote is Ninety-Eight Thousand Seven Hundred Twenty-Six Dollars
($98,726.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
103-55760-Cap Project - $75,000.00 $98,726.00 ($23,726.00)
Page 223 of 458
20 Magnolia Beach
Imprv
Authorize Treasurer to transfer $23,726.00 from General Fund to Capital Projects Fund
to cover FY26 Budget shortage:
General Fund
001-49998 Budget Rollover ($23,726.00)
001900-50965 Transfers CapProj Fund $23,726.00
Capital Projects Fund
103-49810 Transfers from General Fund ($23,726.00)
103-55760-20 Magnolia Beach Improvements $23,726.00
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 224 of 458
RESOLUTION NO. ________
, as follows:
[1] That the City of Fairhope approves the award of the Request for Quotes for Labor
and Materials for the New Bathrooms at Magnolia Beach/Pier Avenue Boat Ramp
Project to Thomas Industries, Inc. d/b/a Thomas Construction for a not-to-exceed
project cost of $98,726.00. This Public Works project will be less than $100,000.00,
and therefore does not need to be formally bid out. Authorize Treasurer to transfer
$23,726.00 from General Fund to Capital Projects Fund.
DULY ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025
_______________________________
James Reid Conyers, Jr.
Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 225 of 458
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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.
Thomas Industries, Inc.
Fairhope Building Co.
R.H. Deas Building Co.
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? RFQ 2025-PWI 010 – Magnolia Beach Restrooms
2. What is the total cost of the item or service? $98,726.00
3. How many do you need? One New Bathroom Building
4. Item or Service Is: ☒ New ☐ Used ☒ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Thomas Industries, Inc. dba Thomas Construction
6. Vendor Number: 499
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? $75,000.00
3. Budget code: 103-55760 Line 20
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 228 of 458
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From:Richard Deas
To:Richard Johnson
Subject:Re: Request For Quotes - Second Round - New Restroom at Magnolia Beach
Date:Tuesday, October 21, 2025 6:51:59 PM
Richard,
I apologize for not getting you a proposal back on this project.
My fiance' has been in the hospital for two weeks with a ruptured appendix and just got
out for another week of recovery at home.
I did not have the capacity to get this done in time due to my time away from the office.
Again, I apologize and thank you for the opportunity.
Thanks,
Richard
From: Richard Johnson <richard.johnson@fairhopeal.gov>
Sent: Monday, October 13, 2025 1:09 PM
To: trey@elazzariconstruction.com <trey@elazzariconstruction.com>; lazzari1@outlook.com
<lazzari1@outlook.com>; Brian Wittendorfer <bwittendorfer@bcmmorring.com>;
zach@mwrogers.net <zach@mwrogers.net>; ted.seale@sealemarine.com
<ted.seale@sealemarine.com>; mdhconstructioninc@gmail.com
<mdhconstructioninc@gmail.com>; info@fulcrum-construction.com <info@fulcrum-
construction.com>; michael@thomasconst.com <michael@thomasconst.com>; Lane Otto
<lotto@kd-gc.com>; David Martin <dmartin@sccgroupllc.com>; hayesknapphomes@gmail.com
<hayesknapphomes@gmail.com>; mikekerrconstruction@hotmail.com
<mikekerrconstruction@hotmail.com>; Daniel Dyas <jddyas@gmail.com>; info@bcmmorring.com
<info@bcmmorring.com>; Richard Deas <richard@rhdeasbuildingco.com>; Erin Brady
<erin@rhdeasbuildingco.com>; Kaitlin Kirby <kkirby@rogerswillard.com>; dhaas@rogerswillard.com
<dhaas@rogerswillard.com>; Billy Pardue <bpardue@rogerswillard.com>
Cc: Erin Wolfe <erin.wolfe@fairhopeal.gov>; Amy Lynch <amy.lynch@fairhopeal.gov>; Rhonda
Cunningham <rhonda.cunningham@fairhopeal.gov>; George Ladd <GeorgeL@cofairhope.com>;
John Thomas <john.thomas@fairhopeal.gov>; David Thomas <david.thomas@fairhopeal.gov>; Ben
Patterson <ben.patterson@fairhopeal.gov>; Anders Bjorkner <anders.bjorkner@fairhopeal.gov>;
Erik Cortinas <erik.cortinas@fairhopeal.gov>
Subject: Request For Quotes - Second Round - New Restroom at Magnolia Beach
To City of Fairhope Contractors:
Page 230 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-109
FROM: Richard Johnson, CITY ENGINEER
George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: The City Engineer, Richard Johnson, has requested to procure a
qualified contractor to provide all materials, equipment, labor and
incidentals for Drainage improvement including the removal and
replacement of Pecan Street outfall stormwater pipe network.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve the award of Bid No. 26-002-2024-PWI-018A Pecan Avenue Watershed
Drainage Improvements - Phase 1 to Chris Brewer Contracting Inc. for a not-to-exceed
cost of $545,810.00. Authorize Treasurer to transfer $74,252.00 from Phase II to Phase
I of project within Capital Projects fund 103-55853.
BACKGROUND INFORMATION:
A service bid was issued on September 24, 2025, posted to the City of Fairhope's
website, and published in Gulf Coast Media. Eight (8) responsive bids were received at
the bid opening on October 16, 2025 at 2:00 p.m.
The City Engineer recommends the award be made to Chris Brewer Contracting Inc.
Their low bid price for the Lump Sum Cost was Five Hundred Forty-Five Thousand
Eight Hundred Ten Dollars ($545,810.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
103-55853-
10
Pecan Drainage
Imprv (Phase I)
$545,810.00 $545,810.00 ($0.00)
Project No. 2024-PWI 018
Project Expense String: 2024PWI018-CONS
Page 231 of 458
Total FY26 Budget for Pecan Drainage Improvement Project:
103-55853-10 = $471,558.00 (Phase 1) - Project No. 2024-PWI 018
103-55853-20 = $500,000.00 (Phase 2) - Project No. 2026-PWD 001
Authorize Treasurer to transfer $74,252.00 from Phase II to Phase I of project within
Capital Projects fund 103-55853.
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 232 of 458
RESOLUTION NO. ________
, as follows:
[1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-002-
2024-PWI-018A) Pecan Avenue Watershed Drainage Improvements – Phase I for the
City of Fairhope Public Works – Engineering.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
(Bid No. 26-002-2024-PWI-018A)
Pecan Avenue Watershed Drainage Improvements – Phase I
[3] After evaluating the bid proposals with the required bid specifications, Chris
Brewer Contracting Inc. is now awarded (Bid No. 26-002-2024-PWI-018A) Pecan
Avenue Watershed Drainage Improvements – Phase I for the City of Fairhope Public
Works - Engineering with a bid proposal not-to-exceed $545,810.00.
[4] Authorize Treasurer to transfer $74,252.00 from Phase II to Phase I of project
with Capital Projects fund 103-55853.
ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025
_________________________________
James Reid Conyers, Jr.
Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
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Project Request Form Pecan St Watershed
Drainage
Final Audit Report 2025-09-10
Created:2025-09-02
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAnG7Kf7hHdRSGQiBSh2eWoXQIlY0-GiBH
"Project Request Form Pecan St Watershed Drainage" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2025-09-02 - 2:44:23 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2025-09-02 - 2:44:47 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2025-09-02 - 3:01:37 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2025-09-02 - 3:02:16 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2025-09-02 - 3:02:18 PM GMT
Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
2025-09-02 - 8:17:42 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2025-09-10 - 7:38:22 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2025-09-10 - 7:38:29 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2025-09-10 - 9:31:51 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2025-09-10 - 9:35:14 PM GMT - Time Source: server
Page 249 of 458
Agreement completed.
2025-09-10 - 9:35:14 PM GMT
Page 250 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-112
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting approval for Contract Amendment No. 1 for RFQ PS25-
028 Professional Engineering Services for 8" Water Main
Replacement Under Rock Creek Project to add additional scope of
work associated with the design of an 8-inch force main replacement
below Rock Creek.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve Contract Amendment No. 1 for RFQ PS25-028 Professional Engineering
Services for 8" Water Main Replacement Under Rock Creek Project with Krebs
Engineering to add additional scope of work associated with the design of an 8-inch
force main replacement below Rock Creek for the additional cost of $15,000.00. The
new contract total will be $45,000.00.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for
Contract Amendment No. 1 for RFQ PS25-028 Professional Engineering Services for 8"
Water Main Replacement Under Rock Creek Project with Krebs Engineering to add
additional scope of work associated with the design of an 8-inch force main replacement
below Rock Creek.
During the work for the original scope of the project, it was observed that the 8-inch
force main from Rock Creek #1 Pump Station was exposed along the slope of the
drainage ditch north of South Drive, adjacent to the existing water line. The ditch above
both lines had previously been stabilized with rip-rap to prevent erosion. However, the
soil between the force main and the rip-rap had eroded, leaving sections of the PVC
force main in direct contact with the rip-rap. It was decided to add the replacement of
the force main to the original scope of work.
The additional cost will be Fifteen Thousand Dollars ($15,000.00) for a new contract
total of Forty-Five Thousand Dollars ($45,000.00).
Previous Council Action:
April 29, 2025 - Resolution No. 5436-25 approves the selection by Mayor Sherry
Page 251 of 458
Sullivan for RFQ PS25-028 for Professional Engineering Services for 8" Water Main
Replacement Under Rock Creek Project to Krebs Engineering, and authorizes Mayor
Sullivan to execute a contract with a not-to-exceed amount of $30,000.00.
Contract No. 2025120 entered in Accounting system for $30,000.00.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004020-
59500
WW - Sys Imprv
Collection
$15,000.00 $15,000.00 $0.00
Project No. 2025PUW012
Project Expense String: 2025PUW012-ENG-SEW
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): Contract No. 2025120 entered in Accounting system for $30,000.00 prior to
implementation of Project Ledger. Treasury to enter additional Project Expense String
and Project Budget Adjustment entry to transfer from CONS to ENG.
Page 252 of 458
RESOLUTION NO. ________
[1] That the City Council approves Contract Amendment No. 1 for (RFQ PS25-028)
for Professional Engineering Services for 8” Water Main Replacement Under Rock
Creek Project with Krebs Engineering with an additional not-to-exceed amount of
$15,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment.
The new contract total with a not-to-exceed annual amount of $45,000.00.
ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025
_______________________________
James Reid Conyers, Jr.
Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 253 of 458
October 24, 2025
Daryl Morefield
City of Fairhope
555 South Section Street
Fairhope, AL 36532
Re: BID No. 25-058 - 8-Inch Watermain Repair Under Rock Creek
Contract No. 25303
Dear Daryl:
Krebs Engineering submitted a proposal for professional engineering services on April 21, 2025,
for the design of the 8-Inch Water Main Repair under Rock Creek. The City provided a signed
contract on April 29, 2025, and Krebs proceeded with the design.
After the survey was completed, we met on site with Joe Webber to discuss several
construction challenges. During this visit, we observed that the 8-inch sewer forcemain from the
Rock Creek #1 Pump Station was exposed along the slope of the drainage ditch north of South
Drive, adjacent to the existing water line. The ditch above both lines had previously been
stabilized with rip-rap to prevent erosion. However, the soil between the forcemain and the rip-
rap had eroded, leaving sections of the PVC forcemain in direct contact with rip-rap.
We discussed the risk that future erosion or shifting of the rip-rap could damage or break the
forcemain, which would cause sewage to be pumped directly into Rock Creek. The City
concurred with our assessment, and we subsequently began design work for the replacement of
both the water main and the forcemain.
Krebs is requesting a contract amendment to include the additional scope of work associated
with the design of the 8-inch forcemain replacement below Rock Creek. This amendment would
increase the total contract amount by $15,000, from $30,000 to $45,000. A copy of the original
contract is attached for reference.
Please let me know if you have any questions or need additional information.
Sincerely,
Krebs Engineering, Inc.
By____________________________
D. Robert Vaughan, P.E.
Associate
Attachments: Contract
cc: Mark Smith
Krebs File No. 25303
Page 254 of 458
CITY OF FAIRHOPE
and
KREBS ENGINEERING
CONTRACT DOCUMENTS
RFQ PS25-028
PROFESSIONAL ENGINEERING SERVICES FOR
8” WATER MAIN REPLACEMENT UNDER ROCK CREEK
Sherry Sullivan, Mayor
Fairhope City Council
Jack Burrell, Council President
Set ______
Page 255 of 458
RESOLUTION NO. 5436-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , as follows:
[ 1] That the City Council approves the selection by Mayor Sherry Sullivan for (RFQ
PS25-028) for Professional Engineering Services for 8" Water Main Replacement
Under Rock Creek Project to Krebs Engineering; and hereby authorizes Mayor
Sullivan to execute a contract with a not-to-exceed amount of $30 ,000 .00.
DULY ADOPTED THIS 29TH DAY OF APRIL , 2025
Attest:
6"Ji.L ✓
City Cl rk
Page 256 of 458
STATE OF ALABAMA}
COUNTY OF BALDWIN}
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
This CONTRACT, made and entered into this____ day of ________________________, 2025, by and
between the City of Fairhope, Alabama (hereinafter called “CITY”) acting by and through its governing
body, the Fairhope City Council, and Krebs Engineering of Birmingham, Alabama (hereinafter called the
“Engineer”) for
RFQ No. PS25-028
Professional Engineering Services for
8” Water Main Replacement Under Rock Creek
WITNESSETH:
That in consideration of the mutual covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
DEFINITIONS:
The following terms shall have the following meanings:
COUNTY: Baldwin County, Alabama
CITY: Fairhope City Council, Mayor, and the officers, agents, and
employees of the City of Fairhope, Alabama
PROJECT: Professional engineering services pertaining to 8” Water Main
Replacement Under Rock Creek
PART ONE
GENERAL CONDITIONS
1.0 The City hereby employs the ENGINEER and the ENGINEER agrees to perform for the City,
those professional services as hereinafter set forth in connection with the following:
CONTRACT NUMBER: RFQ PS25-028
PROJECT NAME: 8” Water Main Replacement Under Rock Creek
1.1 The ENGINEER will begin work on the professional services outlined herein upon execution of
the Contract and shall pursue the work in a timely manner.
1.2 For the purpose of this contract, the ENGINEER represents to the CITY that it possesses a
Certificate of Authorization issued by the State Board of Licensure for the State of Alabama under
the CODE OF ALABAMA, SECTION 34-11, and further certifies that it has the professional,
technical, and administrative personnel with the specific experience and training necessary to
provide the services as may be required by the CITY. Furthermore, the ENGINEER will meet all
current licensing and certifications necessary to perform the scope of work.
Page 257 of 458
PART TWO
PROJECT SCOPE
2.0 The PROFESSIONAL ENGINEER will be responsible for meeting or exceeding the
overall objectives for the requested services including:
2.1 Project Description:
This project will consist of the installation of a new 8-inch Water Main to replace the existing 8-
inch line, which is currently leaking. The new 10-inch DR 11, HDPE water main will be installed
by directional drilling from the north side of South Drive, approximately 900 feet along the east
side of US Highway 98, to an exiting valve where the new line will be connected back to the
existing system.
2.2 Scope of Work
2.2.1 Preliminary Services:
A. Field reconnaissance
B. Discussions with appropriate entities having jurisdiction
C. Consultation with the City
D. Site Survey
2.2.2 Engineering Design Services:
A. Evaluate and develop construction documents for the following:
B. Installation of a 10-inch DR11, HDPE water main by directional drilling as described above.
Preparation of plans and specifications for viable installation options.
C. Preparation of estimates of probable construction costs.
D. Review of plans and specifications with the City.
E. Furnishing to agencies having jurisdiction the number of sets of plans and specifications
required for review purposes.
F. Preparation of application for approval to construct the proposed improvements from such
agencies including the Alabama Department of Transportation.
G. Furnish deliverables to the City.
2.2.3 Bid Period Services:
A. Email the “Advertisement for Bids” to those contractors engaged in the type of construction
work contemplated in order to maximize the development of interest in the project.
B. Issue Plans and Specifications to those contractors requesting such plans and specifications.
C. Furnish a representative for attendance at the pre-bid conference.
D. Furnish a representative for attendance at the opening of bids.
E. Tabulate, evaluate and certify the bids received.
F. Evaluate bid pricing for all installation options and make recommendations to the City.
G. Prepare construction contract documents for the execution boy the City and the Contractor to
whom the award is made.
H. Review all sets of executed documents for completeness of forms and required attachments.
I. Furnish a representative for attendance at the pre-construction conference.
2.2.4 Construction Review Services:
A. Provide the location of horizontal and vertical control (reference points and benchmarks) for
the Contractor to use in his layout of the work.
B. General review of the work will be done by a licensed professional, who will make periodic
reviews at the site of the work as the construction of the project progresses.
C. Review and forward to the City a copy of each reviewed shop drawing, equipment drawing,
material specification, working, laboratory test report, shop and mill test report submitted by
the Contractor.
D. Note and report to the City any observed deviations from the intent of the plans and
specifications, and recommend to the City any appropriate action to be taken by the City.
Page 258 of 458
E. Review and present to the City for payment the Contractor’s periodic and final estimates of
work performed on the project.
F. Upon completion of the work, prepare a “punch list” of items of work, if any, to be corrected
by the Contractor.
G. Coordinate with the Contractor to correct any items of work required to complete the project
in substantial accordance with the intent of the plans and specifications.
H. Preparation of record drawings.
2.2.5 Deliverables:
A. Periodic project status reports upon request by the City.
B. Two (2) hard copy full-size sets of plans and specifications.
C. One (1) complete electronic set of plans and specifications in PDF format.
D. One (1) certified bid tabulation.
E. One (1) recommendation letter regarding the award of the construction contract.
F. Three (3) sets of constriction contract documents for execution.
G. One (1) “punch list” of items of work, if any, to be corrected by the Contractor.
H. One (1) set of specifications complete with all addenda.
I. One (1) complete electronic set of record documents in PDF format.
2.3 Working closely with the Project Manager, as well as other CITY officials.
2.4 Performing professional services only, and will not be a participant in any construction associated
with this project.
2.5 Assist the CITY in addressing all comments/inquiries made by prospective bidders and issuing
addenda to the contract documents as necessary.
PART THREE
PAYMENT
3.0 The CITY agrees to pay the ENGINEER as compensation for such professional services in
accordance with the rates as indicated on Exhibit “A” FEE SCHEDULE, attached to this
document, an amount not to exceed Thirty Thousand Dollars ($30,000.00).
3.1 All other expenses actually and necessarily incurred such as, but not limited to telephone calls,
extra reproductions of prints, photographs, drawings, specifications, and other documents
required for the proper execution of the extra services so required by the CITY, shall be paid for
at cost. These payments shall be due and payable from time to time as the services are
performed, or as the expenses are incurred. These expenses will be included in the “not to
exceed” amount as listed in item 3.0.
3.2 If this PROJECT is suspended or abandoned by the CITY for good cause other than under the
provisions of item 3.3 hereunder, or for cause beyond the reasonable control of the CITY, then
the CITY shall pay the ENGINEER for the services theretofore rendered on the PROJECT, such
payment to be based as far as possible on the fee schedule as established in this agreement,
and the portion of the ENGINEER’S services which were completed before the PROJECT was
suspended or abandoned.
3.3 In the event of failure by the ENGINEER to perform any and/or all of the ENGINEER’S
obligations in a prompt and efficient manner satisfactory to the CITY, the CITY will have the right
to summarily terminate this agreement by giving the ENGINEER written notice of such
termination, after which the CITY may employ professional engineering services of is choice to
complete the PROJECT and the ENGINEER will reimburse the CITY any additional costs which
may result for such termination ad employment of other professional engineering services.
Failure by the ENGINEER to furnish the required construction plans, or to perform any other
specific duty required by this contact shall constitute cause for termination by the CITY under this
provision. Failure by the CITY to exercise this right to so terminate this agreement for any such
default by the ENGINEER shall not constitute a waiver by the CITY of its right to so terminate this
contract for any subsequent default.
Page 259 of 458
PART FOUR
INDEMNIFICATION AND INSURANCE
4.0 The ENGINEER shall be responsible for all damage to life and property due to activities of the
ENGINEER and the sub-consultant, agents or employees of ENGINEER in connection with their
service under this CONTRACT. The ENGINEER specifically agrees that the subcontractors,
agents, or employees of ENGINEER shall possess the experience, knowledge and character
necessary to qualify them individually for the particular duties they perform. Further, it is
understood and agreed by ENGINEER to the fullest extent permitted by law, the ENGINEER shall
defend, indemnify, and hold harmless the CITY, and its agents and employees from and against
claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of
or resulting from performance of the work, provided that such claim, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the work itself) including loss of use resulting therefrom, but only to the
extent caused in whole or in part by the negligent acts or omissions of the ENGINEER or anyone
directly or indirectly employed by ENGINEER or anyone for whose acts ENGINEER may be
liable. Such indemnity shall not be limited by reason of any insurance coverage provided.
4.1 The ENGINEER, at its sole expense, shall obtain and maintain in force the following insurance to
protect the ENGINEER and the CITY for all acts performed pursuant to this agreement. The
limits and coverage specified are the minimum to be maintained are not intended to represent the
correct insurance needed to fully protect the ENGINEER.
4.2 All insurance will be provided by insurers licensed to conduct business in the State of Alabama
and shall have a minimum A.M. Best resting of A-VII and must be acceptable to the CITY. Self-
insured plans and/or group funds not having an A.M. Best rating must be submitted to the CITY
for prior approval.
4.3 NO WORK IS TO BE PERFORMED UNTIL PROOF OF COMPLIANCE WITH THE
INSURANCE REQUIREMENTS HAS BEEN RECEIVED BY THE CITY.
4.4 Worker’s Compensation and Employers Liability
Part One: Statutory Benefits as required by the State of Alabama
Part Two: Employers Liability $1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
4.5 Commercial General Liability
Coverage on an Occurrence Form with a combined single limit (Bodily Injury and
Property Damage combined) as follows:
Each Occurrence $1,000,000
Personal and Advertising Injury $1,000,000
Products/completed Operation Aggregate $2,000,000
General Aggregate $2,000,000
Coverage to Include;
Premises and operations
Personal Injury and Advertising Injury
Products/completed Operations
Independent Contractors
Blanket Contractual Liability
Broad Form Property Damage
4.6 Automobile Liability
Covering all Owned, Non-Owned, and Hired vehicles with a combined single limit (bodily
injury and property damage combined) of $1,000,000 each accident. The Policy shall
name the CITY as an Additional Insured.
Page 260 of 458
4.7 Professional Liability (Errors and Omissions)
Coverage shall be maintained during design, construction and for two (2) years after
completion and acceptance by the CITY.
Limits of Liability:
Each claim $1,000,000
Aggregated $1,000,000
4.8 The ENGINEER shall name the CITY, its employees and agents as Additional Insured on all
policies except Professional Liability/Errors and omissions. Liability insurance as required by this
contract to provide cross-liability coverage.
4.9. Certificate of Insurance
A Certificate of Insurance evidencing the above minimum requirements must be provided to and
accepted by the CITY PRIOR to commencement of any work on the Contract. Each policy shall
be endorsed to provide thirty (30) days written notice of cancellation to the CITY. The project
number on which the ENGINEER is working must be included in the description section of the
Certificate. The City of Fairhope will be listed as an Additional Insured under the ENGINEER’S
general liability insurance and automobile liability insurance policies, and all other applicable
policies, and certificates of insurance provided.
PART FIVE
REVIEWS AND SUBMITTALS
5.0 The CITY will review all submittals made during the contract period. The purpose and scope of
this review will be limited to determination of the work for the sole purpose of approving
intermediate payments to the ENGINEER and to otherwise determine contract compliance for the
purpose of approving fee requests and determining the PROJECT costs. The CITY is relying on
the skill, care, experience, diligence, and professional expertise of the ENGINEER to perform the
required work with the degree of care and skill ordinarily used by members of the Engineering
profession in this locality. It is not the intent nor is it the responsibility of the CITY to exercise
independent engineering judgment or to verify the calculations, assumptions, and engineering
judgment employed by the ENGINEER.
PART SIX
MISCELLANEOUS
6.0 This Contract shall be effective on the date of its execution.
6.1 The following portions of the City of Fairhope STANDARD TERMS AND CONDITIONS (PART
SEVEN) are hereby made a part of this contract as if said terms are fully set out herein:
ACCEPTANCE OF AGREEMENT, APPLICIABLE LAW, ASSIGNMENT, BUSINESS LICENSE,
CANCELLATION OF CONTRACT, FORCE MAJEURE, INSURANCE, NON DESCRIMINATION,
NON EXCLUSIVE, NOTIFICATION AND ACCIDENT REPORTS, RIGHT TO AUDIT,
TERMINATION FOR CONVENIENCE, TERMINATION FOR DEFAULT, TERMINATION FOR
NON-APPROPRIATION, IMMIGRATION LAW.
6.2 The CITY and the ENGINEER each binds itself, its successors and assigns, to all covenants of
this agreement. Except as above, neither the CITY nor the ENGINEER shall assign, sub-let, or
transfer his or its interest in this agreement without the written consent of the other party hereto
and concurrence therein.
6.3 Ownership and Reuse of Documents: All Project documents including but not necessarily limited
to reports, drawings, studies, findings, correspondence, specifications, survey notes, estimates,
maps, computations, calculations, computer files, Computer Assisted Design and Drafting
(CADD) files (electronic and hard copy), and other data, as well as any and all other documents
Page 261 of 458
and other materials prepared, generated, or furnished by or for ENGINEER and/or its
Subconsultant(s) for the Project pursuant to this Agreement (hereinafter referred to in this Section
B. as “Documents”) shall be retained by the CITY. Additionally, the CITY shall retain any
intellectual property interest therein regardless whether the Project is completed. No
representation is made that such Documents are or will be suitable for reuse or future use by
CITY or others for any purpose whatsoever or on any other project. Any use of such Documents
by CITY or others on any project other than the project which is the subject of this Agreement is
not advised and shall be done without warranty, representation, or liability to any extent
whatsoever on the part of ENGINEER.
Page 262 of 458
161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533
251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov
COF-002
092721
CITY OF FAIRHOPE
STANDARD TERMS AND CONDITIONS
PROFESSIONAL SERVICES
1. ACCEPTANCE OF AGREEMENT
This Agreement contains all terms and conditions
agreed upon by the Owner and Engineer (awarded
vendor). No other agreement, oral or otherwise,
regarding the subject matter of this Agreement shall
be deemed to exist or to bind either party hereto. The
Winning Bidder shall not employ Subcontractors
without the express written permission of the Owner.
No waiver, alteration, consent or modification of any
of the provisions of the Agreement shall be binding
unless in writing and signed by the Owner and
Contractor. This Agreement shall not be construed
against the party or parties preparing it. It shall be
construed as if all the parties and each of them jointly
prepared this Agreement, and any uncertainty or
ambiguity shall not be interpreted against one or
more parties.
2. APPLICABLE LAW
This Agreement is deemed to be under and shall be
governed by and construed according to the laws of
the State of Alabama. Any litigation arising out of the
Agreement shall be heard in the Courts of Baldwin
County, Alabama.
3. ASSIGNMENT
The awarded vendor shall not assign the Contract /
Agreement /Purchase Order or sublet it as a whole
without the express written permission of the City of
Fairhope. The awarded vendor shall not assign any
payment due them hereunder, without the express
written permission of City of Fairhope. The City of
Fairhope may assign the Contract / Agreement /
Purchase Order, or sublet it as a whole, without the
consent of the awarded vendor.
4. BUSINESS LICENSE
The vendor selected to enter into a Contract /
Agreement with the City of Fairhope must be licensed
to do business in the City of Fairhope prior to
commencement of any work under the contract.
Delivery of goods or services to the City of Fairhope
by Purchase Order have detailed and varied Business
License requirements. In all instances that require a
business license. Awarded vendor will provide proof
of possessing a current City of Fairhope Business
License. Prospective bidders will not be required to
possess a City of Fairhope Business License prior to
award.
5. CANCELLATION OF / CONTRACT /
AGREEMENT / PURCHASE ORDER / LEASE
A purchase order can be canceled in whole or in part
when awarded vendor fails to deliver or perform as
specified. Cancellation of a purchase order can only
be made by a written purchase order change (POC)
from the City of Fairhope. A term contract, lease or
agreement can be canceled by the City of Fairhope,
for justifiable cause, or convenience, by written
notice.
6. FORCE MAJEURE
Neither the City nor the awarded vendor shall be
deemed in breach of Contract / Agreement /Purchase
Order, which may result from this proposal
submission if it is prevented from performing any of
the obligations hereunder by reason of Acts of God,
acts of the public enemy, acts of superior
governmental authority, strikes or labor disputes,
floods, riots, rebellion, sabotage, or any similar other
unforeseeable causes beyond its control and not due
to its fault or negligence. Each party shall notify the
other immediately in writing of the cause of such
after the beginning period thereof. The awarded
vendor may request cancellation and the City of
Fairhope may grant the request if performance is
prevented by any of the above referenced causes, or
other unavoidable circumstances not attributable to
the fault or negligence of the vendor. The burden of
proof for such relief rests with the vendor. All
correspondence pertaining to cancellation of a
purchase order or term contract must be addressed
to the City of Fairhope Purchasing Manager.
7. INSURANCE
If a Contract / Agreement / Purchase Order results
from this RFQ /ITB /RFP, or other form of solicitation,
the awarded vendor shall maintain such insurance as
will indemnify and hold harmless the City of Fairhope
from Workmen’s Compensation and Public Liability
claims from property damage and personal injury,
including death, which may arise from the awarded
vendor’s operations under this Contract / Agreement
/ Purchase Order, or by anyone directly or indirectly
employed by him/her.
Page 263 of 458
161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533
251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov
COF-002
092721
8. NON-DESCRIMINATION
The City of Fairhope is an Equal Opportunity Employer
and requires that all contractors comply with the
Equal Employment Opportunity laws and the
provisions of the Contract / Agreement / Purchase
Order documents in this regard. The city also
encourages and supports the utilization of Minority
Business Enterprises on this and all public bids.
9. NON- EXCLUSIVE
Unless otherwise specified, this Contract / Agreement
/ Purchase Order is considered a non-exclusive
Contract /Agreement / Purchase Order between the
parties.
10. NOTIFICATION AND ACCIDENT REPORTS
In the event of accidents of any kind, in the
performance of a Contract / Agreement / Purchase
Order, the awarded vendor shall notify the City of
Fairhope immediately and furnish, without delay,
copies of all such accident reports to the City of
Fairhope. If in the performance of their Work, the
awarded vendor fails to immediately report an
accident to the City of Fairhope, of which the awarded
vendor has knowledge of and which results in a fine
levied against the City of Fairhope then the awarded
vendor shall be responsible for all fines levied against
the City of Fairhope.
11. RIGHT TO AUDIT
The awarded vendor shall maintain documentation of
all work performed. The awarded vendor shall make
any and all documentation available to the City of
Fairhope at all reasonable times, for inspections and
audit by the City of Fairhope, during the entire term
of the Contract / Agreement / Purchase Order and for
a period of Three (3) years after expiration of the
Contract / Agreement / Purchase Order.
12. TERMINATION FOR CONVENIENCE
Any Contract / Agreement / Purchase Order may be
terminated for convenience by the City of Fairhope,
in whole or in part, by written notification to the
awarded vendor.
13. TERMINATION FOR DEFAULT
Performance of Work under the Contract /
Agreement / Purchase Order Agreement may be
terminated by the City of Fairhope, in whole or in
part, in writing, whenever the City of Fairhope
determines that the awarded vendor has failed to
meet the requirements of the Contract / Agreement
/ Purchase Order.
14. TERMINATION FOR NON-APPROPRIATION
Termination for Non-appropriation – The
continuation of any financial obligation beyond the
current fiscal year is subject to and contingent upon
sufficient funds being appropriated, budgeted, and
otherwise made available by the local source, State
Legislature and/or federal sources. The City of
Fairhope may terminate any financial obligation, and
awarded vendor waives any and all claim(s) for
damages, effective immediately upon receipt of
written notice (or any date specified therein) if for any
reason the City of Fairhope’s funding from local, State
and/or federal sources is not appropriated,
withdrawn or limited.
15. IMMIGRATION LAW
The Contractor agrees that it shall comply with all of
the requirements of the Beason-Hammon Alabama
Taxpayer and Citizen Protection Act, Act No 2011-
535, Alabama Code (1975) Section 31-13-1, et. Seq.,
(also known as the Alabama Immigration Act) see
Section 31-13-9, and the provisions of said Act,
including all penalties for violation thereof, are
incorporated herein.
Page 264 of 458
Section 41-16-5, Code of Alabama 1975, requires that public contracts over $15,000 include the following
language:
By signing this Contract, _____________________________________________ represents and agrees COMPANY NAME
that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing
business with a jurisdiction with which the State of Alabama can enjoy open trade
IN WITNESS WHEREOF, the parties hereto have executed this contract in duplicate on the day and
year first above written.
CITY OF FAIRHOPE
BY:_______________________________ ATTEST:_______________________________
Sherry Sullivan, Mayor Lisa A Hanks, MMC
City Clerk
NOTARY FOR THE CITY:
STATE OF ALABAMA}
COUNTY OF BALDWIN}
I,___________________________, a Notary Public in and for said State and County, hereby certify that
Sherry Sullivan, whose name as Mayor of the City of Fairhope, is signed to the foregoing conveyance
and who is known to me, acknowledged before me on this day, that being informed of the contents of the
conveyance, she as such officer and with full authority, executed the same voluntarily on the day the
same bears date.
Given under my hand and Notary Seal on this the____ day of _____________________, 2025.
Notary Public__________________________________
My Commission Expires_________________________
Page 265 of 458
Page 266 of 458
Alabama Immigration Act Contract Requirements
1.0 Background
The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No 2011-535, as
amended by Act No 2012-491, Code of Alabama (1975) Section 31-13-1 through Section 31-
13-30 (also known as and hereinafter referred to as “the Alabama Immigration Act”) is applicable
to contracts with the City of Fairhope, Alabama. All business entities entering into contracts with
the City of Fairhope, Alabama will comply with the Alabama Immigration Act.
2.0 Definitions
ALIEN. Any person who is not a citizen or national of the United States, as described in 8 U.S.C.
§ 1101, et seq., and any amendments thereto.
BUSINESS ENTITY. Any person or group of persons employing one or more persons performing
or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or
livelihood, whether for profit or not for profit. Business entity shall include but not be limited to the
following:
a. Self-employed individuals, business entities filling articles of incorporation, partnerships,
limited partnerships, limited liability companies, foreign corporations, foreign limited
partnerships, foreign liability companies authorized to transact business in this state,
business trusts, and any business entity that registers with the Secretary of State.
b. Any business entity that possesses a business license, permit, certificate, approval,
registration, charter, or similar form of authorization issued by the state, any business entity
that is exempt by law from obtaining such a business license, an any business entity that is
operating unlawfully without a business license.
CONTRACTOR. A person, employer, or business entity that enters into an agreement to
perform any service or work or to provide a certain product in exchange for valuable
consideration. This definition shall include, but not be limited to, a general contractor,
subcontractor, independent contractor, contract employee, project manager, or a recruiting or
staffing entity.
EMPLOYEE. Any person directed, allowed, or permitted to perform labor or service of any kind
by an employer. The employees of an independent contractor working for a business entity shall
not be regarded as the employees of the business entity, for the purposes of this chapter. This
term does not include any inmate in the legal custody of the state, a county, or a municipality.
EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager,
representative, foreman, or other person having control or custody of any employment, place of
employment, or of any employee, including any person or entity employing any person for hire
within the State of Alabama, including a public employer. This term shall not include the occupant
of a household contracting with another person to perform casual domestic labor within the
household.
E-VERIFY. The electronic verification of federal employment authorization program of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division c, Section
403 (a); 8 U.S.C. §1324(a), and operated by the United States Department of Homeland Security,
or its successor program.
STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof
or any other entity that receives any monies from the state or a political subdivision thereof;
provided, however, an entity that merely provides a service or a product to any governmental
entity of the state or a political subdivision thereof, and receives compensation for the same, shall
not be considered a state-funded entity.
SUBCONTRACTOR. A person, business entity, or employer who is awarded a portion of an
existing contract by a contractor, regardless of its tier.
Page 267 of 458
UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined
in 8 U.S.C. § 1324a (h) (3).
3.0 Mandatory Clause
All contracts or agreements to which the state, a political subdivision, or state-funded entity are a
party shall include the following clause:
"By signing this contract, the contracting parties affirm, for the duration of the
agreement, that they will not violate federal immigration law or knowingly employ,
hire for employment, or continue to employ an unauthorized alien within the state
of Alabama. Furthermore, a contracting party found to be in violation of this
provision shall be deemed in breach of the agreement and shall be responsible for
all damages resulting therefrom."
For purposes of this section, "contract" shall mean a contract awarded by the state, any political
subdivision thereof, or any state-funded entity that was competitively bid or would, if entered
into by the state or an agency thereof, be required to be submitted to the Contract Review
Permanent Legislative Oversight Committee.
4.0 Contracts Involving Business Entity, or Employer
As a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs one
or more employees, the business entity or employer shall not knowingly employ, hire for
employment, or continue to employ an unauthorized alien within the State of Alabama.
As a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs one
or more employees within the state of Alabama, the business entity or employer shall provide
documentation establishing that the business entity or employer is enrolled in the E-Verify
program. During the performance of the contract, the business entity or employer shall
participate in the E-Verify program and shall verify every employee that is required to be verified
according to the applicable federal rules and regulations.
5.0 Contracts Involving Subcontracting
Any subcontractor on a project paid for by contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity shall not knowingly employ, hire for employment, or
continue to employ an unauthorized alien within the State of Alabama and shall also enroll in the
E-Verify program prior to performing any work on the project. Furthermore, during the
performance of the contract, the subcontractor shall participate in the E-Verify program and shall
verify every employee that is required to be verified according to the applicable federal rules and
regulations. This subsection shall only apply to subcontractors performing work on a project
subject to the provisions of this section and not to collateral persons or business entities hired by
the subcontractor.
6.0 Proof of E-Verify documentation will be in the form of a copy of the signed Memorandum Of
Understanding (MOU) generated upon completion of the E-Verify program.
Page 268 of 458
ENGINEER INFORMATION
RFQ No PS25-028
Professional Engineering Services for
8” Water Main Replacement Under Rock Creek Project
(Please print this section and turn in with your response)
Business Organization
Name of Engineer or Engineering Firm (exactly as it appears on W-9):
______________________________________________________________________________
Doing-Business-As Name
______________________________________________________________________________
Principal Office Address:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Form of Business Entity [check one (“X”]
Corporation ____
Partnership ____
Individual ____
Joint Venture ____
Other (describe): ____ ___________________________________________________
Corporation Statement
If a corporation, answer the following:
Date of incorporation: ________________________________________________________
Location of incorporation: ________________________________________________________
The corporation is held: Publicly ___
Privately ___
Partnership Statement
If a partnership, answer the following:
Date of organization: __________________________________________________________
Location of organization: ___________________________________________________________
The partnership is: General ___
Limited ___
Joint Venture Statement
If a Joint Venture, answer the following:
Date of organization: ________________________________________________________
Location of organization: ________________________________________________________
JV Agreement recorded? Yes ___
No ___
Primary Contact __________________________________________Title__________________
Telephone Number __________________________Fax________________________________
Email Address: ________________________________________________________________
Krebs Engineering, Inc.
Krebs Engineering, Inc.
X
2100 River Haven Drive, Suite 100
Birmingham, AL 35242
7/1/1971
Birmingham, AL
X
Rob Vaughan Associate
rob.vaughan@krebseng.com
Page 269 of 458
EXHIBIT “A”
FEE SCHEDULE
Page 270 of 458
1040 Stanton Road Suite A & B Daphne, AL 36526 P 205.987.7411 KrebsEng.com
BIRMINGHAM HUNTSVILLE MONTGOMERY NEWNAN
April 21, 2024
Mr. Daryl Morefield
City of Fairhope
555 South Section Street
Fairhope, AL 36532
Re: 8” Waternain Replacement Under Rock Creek – Proposal Letter
Krebs Project No. 25303
Dear Daryl:
Krebs Engineering, Inc. is pleased to present the proposal to the City of Fairhope (City) for
professional engineering services associated with the 8” Watermain Replacement Under Rock
Creek Project. The project will consist of the installation of a new 8-inch water main to replace
the existing 8-inch line, which is currently leaking. The new 10-inch DR 11, HDPE water main will
be installed by directional drilling from the north side of South Drive approximately 900 feet along
the east side of US Highway 98 to an exiting valve where the new line will be connected back to
the existing system. The scope of services is described in more detail below.
SCOPE OF SERVICES
A. Preliminary Services
1. Field reconnaissance
2. Discussions with appropriate entities having jurisdiction
3. Consultation with the City
4. Site survey
B. Engineering Design Services
1. Evaluate and develop construction documents for the following:
2. Installation of a 10-inch DR11, HDPE water main by directional drilling as described
above. Preparation of plans and specifications for viable installation options.
3. Preparation of estimates of probable construction cost.
4. Review of plans and specifications with the City.
5. Furnishing to agencies having jurisdiction the number of sets of plans and
specifications required for review purposes.
Page 271 of 458
Mr. Daryl Morefield
April 21, 2024
Page 2
6. Preparation of application for approval to construct the proposed improvements
from such agencies including the Alabama Department of Transportation.
7. Furnish deliverables to the City.
C. Bid Period Services
1. Email the "Advertisement for Bids" to those contractors engaged in the type of
construction work contemplated in order to maximize the development of
interest in the project.
2. Issue Plans and Specifications to those contractors requesting such Plans and
Specifications.
3. Furnish a representative for attendance at the pre-bid conference.
4. Furnish a representative for attendance at the opening of bids.
5. Tabulate, evaluate, and certify the bids received.
6. Evaluate bid pricing for all installation options and make recommendations to the
City.
7. Prepare construction contract documents for execution by the City and the
Contractor to whom the award is made.
8. Review all sets of executed documents for completeness of forms and required
attachments.
9. Furnish a representative for attendance at the pre-construction conference.
D. Construction Review Services
1. Provide the location of horizontal and vertical control (reference points and
benchmarks) for the Contractor to use in his layout of the work.
2. General review of the work will be done by a licensed professional, who will make
periodic reviews at the site of the work as the construction of the project
progresses. No full-time field representative will be provided.
3. Review and forward to the City a copy of each reviewed shop drawing, equipment
drawing, material specification, working, laboratory test report, shop and mill test
report submitted by the Contractor.
4. Note and report to the City any observed deviations from the intent of the Plans
and Specifications, and recommend to the City any appropriate action to be taken
by the City.
Page 272 of 458
Mr. Daryl Morefield
April 21, 2024
Page 3
5. Review and present to the City for payment the Contractor’s periodic and final
estimates of work performed on the project.
6. Upon completion of the work, prepare a "punch list" of items of work, if any, to
be corrected by the Contractor.
7. Coordinate with the Contractor to correct any items of work required to complete
the project in substantial accordance with the intent of the Plans and
Specifications.
8. Preparation of Record Drawings.
E. Deliverables
Krebs will provide the following deliverables to the City:
1. Periodic project status reports upon request by the City.
2. Two (2) hard copy full-size sets of plans and specifications.
3. One (1) complete electronic set of plans and specifications in PDF format.
4. One (1) certified bid tabulation.
5. One (1) recommendation letter regarding the award of the construction contract .
6. Three (3) sets of construction contract documents for execution .
7. One (1) “punch list” of items of work, if any, to be corrected by the Contractor.
8. One set of specifications complete with all addenda.
9. One (1) complete electronic set of record documents in PDF format.
F. Services Not Provided
1. Full time onsite Field Representative during the Construction Period.
2. Easement surveys and/or legal descriptions for the necessary easements.
3. Materials Testing services including, but not limited to: Mill, shop and laboratory
testing for metallurgical, chemical, and physical characteristics of materials,
coatings, welds, and manufactured/fabricated articles or equipment.
4. Miscellaneous Surveys/Assessments/Studies services include but are not limited
to, surveys/assessments/studies related to cultural or historical artifacts or
remains, endangered animal or vegetative species, wetland delineation or
identification, population or economic status, traffic volumes, environmental
conditions, or preparation of environmental impact statements.
Page 273 of 458
Mr. Daryl Morefield
April 21, 2024
Page 4
5. Construction materials testing including, but not limited to: concrete compressive
strength, compaction, etc.
6. Litigation services include but are not limited to: Preparation for or appearances
before courts or boards on litigation related to the work, except when related to
negligent errors and/or omissions by Krebs.
COMPENSATION
Time charge-based compensation will be computed using the Krebs Standard Hourly Billing
Rates/Charges (attached) in effect when services are rendered, plus direct job expenses and sub-
consultant expenses.
Fees determined based on time charges plus direct job expenses and sub-consultant expenses
will be paid to Krebs as compensation for Items A through E listed above.
The total of these time charges plus direct job expenses and sub-consultant expenses will not
exceed Thirty thousand dollars and no cents ($30,000.00).
If you have any questions regarding this proposal, please contact us. We appreciate the
opportunity to work with the City to complete this project.
Sincerely yours,
Krebs Engineering, Inc.
By____________________________
D. Robert Vaughan, P.E.
Associate
cc: Caleb Leach
Krebs File No. 25303
Page 274 of 458
RESOLUTION NO. 5436-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , as follows:
[ 1] That the City Council approves the selection by Mayor Sherry Sullivan for (RFQ
PS25-028) for Professional Engineering Services for 8" Water Main Replacement
Under Rock Creek Project to Krebs Engineering; and hereby authorizes Mayor
Sullivan to execute a contract with a not-to-exceed amount of $30 ,000 .00.
DULY ADOPTED THIS 29TH DAY OF APRIL , 2025
Attest:
6"Ji.L ✓
City Cl rk
Page 275 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-120
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting a weekly rental fee for a submersible pump at Well #8.
Also, to rescind Resolution No. 5506-25 due to additional services for
this project, which now requires it to be done by a formal bid.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve pump rental service with Griner Drilling Service, Inc. to add weekly fee for a
submersible pump in Well #8 for a cost of $1,000.00, estimated for 25 weeks for an
additional cost of $25,000.00.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting to add a
weekly rental fee for a submersible pump at Well #8. On July 9, 2025, the pump at Well
#8 failed. Griner Drilling Service, Inc. had provided and installed the pump, and was
therefore the sole source for removing the pump to diagnose the reason for the pump
failure. At that time, Griner removed the pump, installed the rental pump, and diagnosed
the reason for the pump failure. Due to the pump needing to be replaced and additional
services needed for this replacement, the City will be formally bidding this pump
replacement project. Since the City is bidding the rest of the project out, Griner Drilling
Service will be charging $1,000.00 per week rental for the submersible pump,
commencing one (1) month after installation. The Water/Wastewater Superintendent
estimates needing the submersible pump for 25 weeks. The 25 weeks should allow time
to bid out and award the project.
PO#20255863 Issued 07/10/2025 in the amount of $20,800.00 to pull a failed pump and
install a temporary rental pump.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004010-Water - System $25,000.00 $25,000.00 $0.00
Page 276 of 458
59501-80 Imprv Plants/Wells
Project No. 2025WAT022
Project Expense String: 2025WAT022-CONS
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): Treasury to enter Project Budget Adjustment for this agenda item
($25,000.00) and Project Ledger JE (for PO#20255863 = $20,800.00).
Page 277 of 458
RESOLUTION NO. _____
, as follows:
[1] That the City Council hereby rescinds Resolution No. 5506-25 for the award for quotes
and labor for a replacement pump at Well #8; and hereby authorizes Mayor Sherry Sullivan
to execute a rental agreement with Griner Drilling Service, Inc. to add a weekly fee for a
submersible pump in Well #8 for a cost of $1,000.00, estimated for 25 weeks for an
additional cost of $25,000.00.
ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025
Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 278 of 458
Page 279 of 458
Griner Drilling Service, Inc.
11100 Highway 31 North
Spanish Fort, AL 36527
251-621-9355
251-626-7867 fax
Well #8
Attn: Joe Weber 251-278-8900
Joe.Webber@fairhopeal.gov
Re:
Description Unit Price Total Price
Rig w/crew and service truck to pull 185' of 8" column assy. $9,400.00
w/ 6" suction pipe. Inspect pump for damage.
rated @ 700GPM @ 145' TDH.
**** Note: ****
A $1000.00 weekly fee will be added after 30 days of set date
Weekly rental fee will be dismissed if Griner Drilling is providing
pump assy. replacement. Removal fee will be charged
upon set back of new pumping equipment at a discounted rate of $6,800.00
Rental pumping equipment can only be removed by
Griner Drilling.
$18,300.00
From:Karl Schmidt
Service Manager
Accepted By:k.schmidt@grinerdrillingservice.com
Title:
Date:
Estimate /Quote Total:
Page 280 of 458
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.
Griner Drilling
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? Submersible Pump Rental – 25 Weeks
2. What is the total cost of the item or service? $1,000.00 per week, $25,000 total
3. How many do you need? 25 weeks
4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Griner Drilling Service, Inc.
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? $150,000.00
3. Budget code: 004010-50365-10
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 281 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-116
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:
November 10, 2025
RECOMMENDED ACTION:
To approve negotiated not-to-exceed amount of $7,500.00 for RFQ PS26-006
Professional Engineering Services for concrete testing at the Wastewater Treatment
Plant and allow the Mayor to execute a contract with GeoCon Engineering & Materials
Testing, Inc. Authorize Treasurer to transfer $7,500.00 from WW Professional Services
to WWTP-System Improvement.
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.
The work to be performed is for professional engineering associated with the project,
which will include the following:
• Testing of Cast In-Place Concrete - to include slump, air content, concrete
temperature and compressive strength testing
The Mayor and The Superintendent of Water and Wastewater Department would like to
establish a not-to-exceed amount for Professional Engineering Services of Seven
Thousand Five Hundred Dollars ($7,500.00).
Previous Council Action:
October 27, 2025 - Resolution No. 5614-25 to approve the selection by Mayor Sullivan
for Professional Engineering Services for (RFQ PS26-006) for concrete testing at the
Wastewater Treatmenet Plant to GeoCon Engineering & Materials Testing, Inc.; and
authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council.
BUDGET IMPACT/FUNDING SOURCE:
Page 282 of 458
Account No. Account Title Current Budget Cost Available
Budget
004020-
59502-10
WWTP - System
Improvement
$0.00 $7,500.00 ($7,500.00)
004020-
50290
WW-Professional
Services
$7,500.00 $0.00 $7,500.00
$0.00
Project No. 2025PUS015
Project Expense String: 2025PUS015-ENG
Authorize Treasurer to transfer $7,500.00 from WW Professional Services to
WWTP-System Improvement:
004020-59502 $7,500.00
004020-50290 ($7,500.00)
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): Treasury to enter Budget Adjustment Entry, Enter additional Project Expense
String (2025PUS015-ENG), Enter additional Project Ledger Budget.
Page 283 of 458
RESOLUTION NO. ________
, as follows:
[1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract with
GeoCon Engineering & Materials Testing, Inc. for concrete testing at the Wastewater
Treatment Plant (RFQ PS26-006) with a not-to-exceed amount of $7,500.00.
Authorize Treasurer to transfer $7,500.00 from WW Professional Services to WWTP-
System Improvement.
DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025
______________________________
James Reid Conyers, Jr.
Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 284 of 458
22830 McAuliffe Drive Robertsdale, Alabama 36567
Phone (251) 947-1035
October 30, 2025
City of Fairhope
555 South Section Street
Fairhope, Alabama 36532
Attn: Mr. Daryl Morefield
Re: Proposal for Construction Materials Testing
Fairhope WWTP Improvements
300 North Church Street
Fairhope, Alabama
Dear Mr. Morefield:
GeoCon Engineering & Materials Testing, Inc. appreciates the opportunity to provide a proposal for
Construction Materials Testing for the above project in Fairhope, Alabama.
Project Description
The provided information indicates that the project will include an estimated seven (7) to ten (10) concrete
pours. It is also our understanding that a 3-day break is requested.
Scope of Testing and Inspection Services
Based on our understanding of the project, our scope of testing the following:
-Cast In-place Concrete - to include slump, air content, concrete temperature and compressive
strength testing.
Unit Fee Schedule
Below is a list of unit costs most commonly associated with a project of this nature.
1. Engineering Technician $ 80.00/hour
2. Engineering Technician (Overtime)$ 115.00/hour
3.Compression Test of Concrete Cylinders – Lab $ 25.00/test
4. Clerical $ 80.00/hour
5.Materials Specialist $ 140.00/hour
6.Project Geotechnical Engineer $ 180.00/hour
7. Trip Charge $ 20.00/trip
Trip charge includes mileage. Minimum of 3 hours per trip. Overtime is considered
weekends, major holidays and services required before 6 am. Time is from our office and
back.
Page 285 of 458
_____________________________________________________________________________________
Fairhope WWTP Improvements GeoCon, Inc.
Fairhope, Alabama
October 30, 2025
2
Fee Estimate
We anticipate that testing and inspections will be performed on an on-call basis for this project
with some portions of construction requiring full-time inspections and testing. After reviewing the
provided plans, we recommend that you budget $7,500.00 for the above-described construction
materials testing. The client should note that the final cost of testing services is dependent on the,
weather, the contractors’ daily schedule and performance, etc.
Testing Standards
Our work on this project would be completed in general accordance with applicable ASTM
standards and with generally accepted current standards of geotechnical engineering practices.
We maintain general and professional liability insurance in amounts typically acceptable for
similar projects. A copy of our insurance certificate can be obtained at your request.
Authorization
We thank you for allowing GeoCon the opportunity of providing a proposal for this project.
Attached to this proposal is our Terms & Conditions sheet that governs our work. To authorize us
to provide the proposed testing services based on the above proposed budget, please sign the
below authorization form and the attached Terms & Conditions sheet and return to our office for
our file.
Please feel free to contact our office if you have any questions or if you need any additional
information.
Sincerely,
GeoCon, Inc.
Christopher Rea
Vice President
Page 286 of 458
_____________________________________________________________________________________
Fairhope WWTP Improvements GeoCon, Inc.
Fairhope, Alabama
October 30, 2025
3
Proposal Authorization Form
Please Print
Accepted By: _______________________________________________________
Signature: ____________________________________________________________
Business Name: _______________________________________________________
Provide email address of all entities that should receive a copy of reports:
_____________________________________________________________________
Invoicing Address: ______________________________________________________
Email Address: ________________________________________________________
Contact Number: ______________________________________________________
Contractor: ___________________________________________________________
Contractor contact person and phone number: _______________________________
Location:
Proposed Amount: $7,500.00
Date: ________________________________________
Proposed amount is only valid for 60 days unless executed.
Page 287 of 458
_____________________________________________________________________________________
Fairhope WWTP Improvements GeoCon, Inc.
Fairhope, Alabama
October 30, 2025
4
TERMS AND CONDITIONS
SERVICES TO BE PROVIDED. GeoCon Engineering & Material Testing, Inc. (hereinafter GeoCon) is an independent consultant and
agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal.
PAYMENT TERMS. Client agrees to pay our invoice upon receipt. If payment is not received within 30 days from the invoice date, Client
agrees to pay a service charge on the past due amount at a rate of 1.5% per month, and GeoCon reserves the right to suspend all work until
payment is received. No deduction shall be made from our invoice on account of liquidated damages or other sums withheld from payments to
contractors or others.
TERMINATION. Either party may terminate this Agreement without cause upon 20 days advance notice in writing. In the event Client
requests termination prior to completion of the proposed services. Client agrees to pay GeoCon for all costs incurred plus reasonable charges
associated with termination of the work.
PROFESSIONAL LIABILITY. Notwithstanding any other provision of this Agreement, the Engineer’s and GeoCon’s total liability to the
Owner for any loss or damages from claims arising out of or in connection with this Agreement from any cause including the Engineer’s strict
liability, breach of contract, or professional negligence, errors and omissions (whether claimed in tort, contract, strict liability, nuisance, by
statute or otherwise) shall not exceed the lesser of the total contract price of this Agreement or the proceeds paid under Engineer’s liability
insurance in effect at the time such claims are made. The Owner hereby releases the Engineer from any liability exceeding such amount. In no
event shall either party to this Agreement be liable to the other for special, indirect, incidental or consequential damages, whether or not such
damages were foreseeable at the time of the commencement of the work under this Agreement.
SITE OPERATIONS. Client will arrange for right-of-entry to all applicable properties for the purpose of performing studies, tests and
evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the
site.
OWNERSHIP AND USE OF PROJECT DOCUMENTS. All documents are instruments of service in respect to the Services, and Engineer
shall retain an ownership and proprietary property interest therein (including the right of reuse at the discretion of the Engineer) whether or not
the Services are completed. Client may make and retain copies of documents for information and reference in connection with the services by
Client. Such documents are not intended or represented to be suitable for reuse by Client or others on extensions of the services or on any
other project. Any such reuse or modification without written verification or adaptation by Engineer, as appropriate for the specific purpose
intended, will be at Client’s sole risk and without liability or legal exposure to Engineer or to Engineer’s consultants. Client shall indemnify and
hold harmless Engineer and Engineer’s consultants from all claims. Damages, and expenses including attorneys’ fees arising out of or resulting
therefrom.
ADDITIONAL SERVICES OF CONSULTANT. If authorized in writing by the Client, GeoCon shall furnish additional services that are not
considered as an integral part of the Scope of Services outlined in the Proposal Acceptance Sheet. Under this Agreement, all costs for
additional services will be negotiated as to activities and compensation. In addition, it is possible that unforeseen conditions may be
encountered that could substantially alter the original scope of services. If this occurs, GeoCon will promptly notify and consult with Client and
any additional services will be negotiated.
ASSIGNABILITY. GeoCon shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation) without the prior written consent of the Client; provided, however, that claims for money by GeoCon against Client
under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such
assignment or transfer shall be promptly furnished to the Client.
SERVICES TO BE CONFIDENTIAL. All services, including opinions, designs, drawings, plans, specifications, reports and other services
and information, to be furnished by GeoCon under this Agreement are confidential and shall not be divulged, in whole or in part, to any person,
other than to duly authorized representatives of the Client, without prior written approval of the Client, except by testimony under oath in a
judicial proceeding or as otherwise required by law. GeoCon shall take all necessary steps to ensure that no member of its organization
divulges any such information except as may be required by law.
CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation. However, in the event a claim is made that results
in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in defending the claim, including reasonable
attorney’s fees. The claim will be considered proven if the judgment obtained and retained through any applicable appeal is at least ten percent
greater than the sum offered to resolve the matter prior to the commencement of trial.
SEVERABILITY. It is understood and agreed by the parties hereto, that if any part, term or provisions of this Agreement is held by any court
of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining portion or portions of this Agreement
shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular part, term or provision held to be invalid.
SURVIVAL. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or
liability between Client and GEOCON shall survive the completion of the services and the termination of this Agreement.
INTEGRATION. This Agreement, the attached documents and those incorporated herein constitute the entire Agreement between the
parties and cannot be changed except by a written instrument signed by both parties.
GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Alabama and venue shall be in Baldwin
County, Alabama
Page 288 of 458
Page 289 of 458
RESOLUTION NO. 5614-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , as follows:
[l] 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
Attest:
~~
City Clerk
Page 290 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-114
FROM: Wes Boyett, GAS SUPERINTENDENT
SUBJECT: The Superintendent of the Gas Department, Wes Boyett, has
requested to procure a qualified contractor to provide all materials,
equipment, labor and incidentals for various types of work for the City
Natural Gas Department throughout the year on an "as-needed"
basis.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve the award of Bid No. 25-060 Gas Department Contractor Annual Contract to
General Maintenance Contractors of East Alabama, Inc. d/b/a GMC Underground for
the not-to-exceed annual amount of $200,000.00.
BACKGROUND INFORMATION:
A service bid was issued on August 1, 2025, posted to the City of Fairhope's website,
and published in Gulf Coast Media. Two (2) responsive bids were received at the bid
opening on August 26, 2025 at 2:00 p.m. The lowest received bid was from General
Maintenance Contractors of East Alabama, Inc. d/b/a GMC Underground.
The Superintendent of Gas Department recommends the award be made to General
Maintenance Contractors of East Alabama, Inc. d/b/a GMC Underground for the annual
contract amount of Two Hundred Thousand Dollars ($200,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
002-59500 Gas - System
Improvements
$200,000.00 $200,000.00 $0.00
As work is performed, Project numbers will need to be assigned for any expense
resulting in an improvement to the system.
GRANT:
N/A
Page 291 of 458
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): As projects are identified and assigned, Treasury will enter Project/Project
Expense String and corresponding budget amount on the as-needed basis. If the
expense is a repair and not a system improvement, it should be recorded to General
Maintenance.
Page 292 of 458
RESOLUTION NO. ________
, as follows:
[1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-060)
Gas Department Contractor Annual Contract for the City of Fairhope Gas
Department.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
(Bid No. 25-060)
Gas Department Contractor Annual Contract
[3] After evaluating the bid proposals with the required bid specifications, General
Maintenance Contractors of East Alabama, Inc. d/b/a/ GMC Underground is now
awarded (Bid No. 25-60) Gas Department Annual Contract for the City of Fairhope
Gas Department with a bid proposal not-to-exceed $200,000.00.
ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025
_________________________________
James Reid Conyers, Jr.
Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 293 of 458
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555 S Section Street / Fairhope, Alabama 36532
251.928.8003 (p) / www.FairhopeAL.gov
COF-PUR-003
091321
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PROJECT REQUEST FORM
Notes:
Taylor Wesson (Jul 21, 2025 08:28 CDT)
Page 403 of 458
Project Request Form - Blanket On-Call Gas
Contractor Contract FY2026
Final Audit Report 2025-07-22
Created:2025-07-21
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAjK90HIRH7DcNCm-Z1IZgZ1CFdo819N59
"Project Request Form - Blanket On-Call Gas Contractor Contra
ct FY2026" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2025-07-21 - 1:26:13 PM GMT
Document emailed to Taylor Wesson (taylor.wesson@fairhopeal.gov) for signature
2025-07-21 - 1:26:45 PM GMT
Email viewed by Taylor Wesson (taylor.wesson@fairhopeal.gov)
2025-07-21 - 1:27:20 PM GMT
Document e-signed by Taylor Wesson (taylor.wesson@fairhopeal.gov)
Signature Date: 2025-07-21 - 1:28:56 PM GMT - Time Source: server
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2025-07-21 - 1:28:58 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2025-07-21 - 1:47:21 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2025-07-22 - 6:04:19 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2025-07-22 - 6:04:21 PM GMT
Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
2025-07-22 - 6:05:36 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2025-07-22 - 6:05:54 PM GMT - Time Source: server
Page 404 of 458
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2025-07-22 - 6:05:55 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2025-07-22 - 9:13:53 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2025-07-22 - 9:14:24 PM GMT - Time Source: server
Agreement completed.
2025-07-22 - 9:14:24 PM GMT
Page 405 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-118
FROM: Richard Johnson, CITY ENGINEER
George Ladd , PUBLIC WORKS DIRECTOR
Pat White, PARKS & RECREATION DIRECTOR
SUBJECT: The City Engineer, Richard Johnson, is requesting to procure a
qualified contractor to provide all materials, equipment, and labor for
Fairhope Municipal Pool Rehabilitation.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To reject all bids and authorize the Mayor to negotiate a contract with the one bidder,
Bienville Construction Services, pursuant to the Code of Alabama 1975, Section 41-16-
50(4).
BACKGROUND INFORMATION:
A service bid was issued on September 24, 2025, posted to the City of Fairhope’s
website, and advertised with Gulf Coast Media for three (3) weeks. One (1) responsive
bid was received at the bid opening on October 30,2025, at 10:00 a.m.
As we only received one responsive bid, from Bienville Construction Services, we
recommend to reject all bids and authorize the Mayor to negotiate a contract with the
one bidder, pursuant to the Code of Alabama 1975, Section 41-16-50(4) "If no bids or
only one bid is received at the time stated in the advertisement for bids, the awarding
authority may advertise for and seek other competitive bids, or the awarding authority
may negotiate through the receipt of informal bids not subject to the requirements of this
article. Where only one responsible and responsive bid has been received, any
negotiation for the work shall be for a price lower than that bid."
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001250-
50475-10
Recreation -
Capital
Improvements
Page 406 of 458
Project No. 2023PWI019
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 407 of 458
RESOLUTION NO. ______
, That the City Council hereby rejects all bids (Bid No. 26-
003-2023-PWI-019) for Fairhope Pool Rehabilitation and authorizes the Mayor to
negotiate a contract with the one bidder, pursuant to the Code of Alabama 1975,
Section 41-16-50(4).
Adopted on this 10th day of November, 2025
_______________________________
James Reid Conyers, Jr.
Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 408 of 458
2970 Cottage Hill Road, Suite 200, Mobile, AL 36606
251.666.2443 ph. / 251.666.6422 fax
www.thompsonengineering.com
October 30, 2025
City of Fairhope
City Service and Public Utilities
555 South Section Street
Fairhope, AL 36532
SUBJECT: Municipal Pool Rehabilitation
Project No. COF-2023 PWI 019
Bids were received at the time and place stated in the Bid Documents and Advertisement. One (1) bid
was received prior to the 10:00 AM deadline. The bid packages were publicly opened, reviewed and
read aloud in the City’s public works conference room.
The sole bidder was Bienville Construction Services, LLC with a base bid of $1,325,000.00. They
included a Contingency Allowance of $25,000.00, and an Alternate No.1 for $1,100,000.00 for a Total
Bid of $2,450,000.00.
After examination of the bid package submitted, no irregularities were found. However, the base bid
and overall bid amount was in excess of the City’s anticipated budget.
Therefore, it is our recommendation that the City reject the Bid as submitted and enter into a Value
Engineering and Contract negotiation process with the sole bidder as per State Bid Laws with Bienville
Construction Services, LLC.
The recommendation is provided for your use in consideration. Please let us know if we can be of
further assistance.
Sincerely,
For the Firm
John A. McArthur, III, AIA
President / Architect
Watermark Design Group, LLC
Page 409 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-131
FROM: Richard Johnson, CITY ENGINEER
Pat White, PARKS & RECREATION DIRECTOR
SUBJECT: The Director of Parks and Recreation, Pat White, and the City
Engineer, Richard Johnson, are requesting to approve the award of
the Request for Quotes for Labor and Materials for the New Home
Team Baseball Dugout at Volanta Ballpark.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve the award of the Request for Quotes for labor and materials for the New
Home Team Baseball Dugout at Volanta Ballpark to R.H. Deas Building Co. for the low
bid not-to-exceed cost of $99,971.00. Authorize Treasurer to transfer $99,971.00 from
the Press Box project (Project No. 2026REC020) to the Baseball Dugout project
(Project No. 2026REC001) within Recreation Capital Improvements (001250-50475) in
FY26 Budget.
BACKGROUND INFORMATION:
The Director of Parks and Recreation, Pat White, and the City Engineer, Richard
Johnson, are requesting approval for the procurement of labor and materials for the
New Home Team Baseball Dugout at Volanta Ballpark. Project. 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 twelve (12) qualified contractors. The Request for
Quotes email stated "A non-response to the RFQ by email will be listed and received as
a "No Quote."" One quote was received. The Director of Parks and Recreation and the
City Engineer request approval to award the Request for Quote to R.H. Deas Building
Co. Their low quote includes:
All equipment, materials, labor, overhead, profit and incidentals to deliver a turnkey,
occupant-ready high school dugout: $94,971.00
Contingency Material Budget: $5,000.00
The total cost will not-to-exceed Ninety-Nine Thousand Nine Hundred Seventy-One
Dollars ($99,971.00).
BUDGET IMPACT/FUNDING SOURCE:
Page 410 of 458
Account No. Account Title Current Budget Cost Available
Budget
001250-
50475
Recreation -
Capital
Improvements
$99,971.00 $99,971.00 ($0.00)
Project No. 2026REC001
Authorize Treasurer to transfer $99,971.00 from the Press Box project (Project No.
2026REC020 001250-50475-20) to the Baseball Dugout project (Project No.
2026REC001) within Recreation Capital Improvements (001250-50475) in FY26
Budget.
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 411 of 458
RESOLUTION NO. ________
, as follows:
[1] That the City of Fairhope approves the award of the Request for Quotes for Labor
and Materials for New Home Team Baseball Dugout at Volanta Ballpark to R.H.
Deas Building Co. for a not-to-exceed project cost of $99,971.00. This Public Works
project will be less than $100,000.00, and therefore does not need to be formally bid
out. Authorize Treasurer to transfer $99,971.00 from the Press Box project (Project
No. 2026REC020) to the Baseball Dugout project (Project No. 2026REC001) within
Recreation Capital Improvements (001250-50475) in FY26 Budget.
DULY ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025
_______________________________
James Reid Conyers, Jr.
Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 412 of 458
Page 413 of 458
From:Richard Johnson
To:trey@elazzariconstruction.com; lazzari1@outlook.com; Brian Wittendorfer; zach@mwrogers.net;
ted.seale@sealemarine.com; mdhconstructioninc@gmail.com; info@fulcrum-construction.com;
michael@thomasconst.com; Lane Otto; David Martin; hayesknapphomes@gmail.com;
mikekerrconstruction@hotmail.com; Daniel Dyas; info@bcmmorring.com; Richard Deas; Blake Hanson; Kaitlin
Kirby; dhaas@rogerswillard.com; Billy Pardue; heather@elazzariconstruction.com; albert@mwrogers.net
Cc:Erin Wolfe; Amy Lynch; Rhonda Cunningham; George Ladd; John Thomas; David Thomas; Ben Patterson;
Anders Bjorkner; Erik Cortinas; Pat White; Phillip Hunter
Bcc:Sherry Sullivan; Gayle Fogarty
Subject:Request for Quotes (RFQ) - New Home Team Dugout – H.S. Baseball – Volanta Ballpark
Date:Wednesday, October 22, 2025 11:10:00 AM
Attachments:New HS Baseball Dougout RFQ 2026 Complete.pdf
New HS Baseball Dougout RFQ 2026 One Page Response.pdf
Quote Plan Set 10-22-25.pdf
To City of Fairhope Contractors:
Please see attached information. The City of Fairhope is soliciting quotes for the construction
of a new H.S. Home Team Baseball Dugout at Volanta Park. Attached you will find the RFQ
with full GC’s & specifications and the building plans. By individual request I can send you the
Master Material Spec – it is a large PDF file. The key details of the RFQ are:
•Questions, inquiries and requests for clarification should be directed to Richard D.
Johnson, PE; City Engineer: Phone - (251) 929-0360; Email: richard.johnson@fairhopeal.gov
•Quotes must be received before 12:00 PM - Friday, October 31, 2025, delivered in
person, by mail or by email to:
Purchasing Manager
555 South Section Street
Fairhope, Alabama 36532
Email: purchasing@fairhopeal.gov
•This RFQ is posted on the City’s website and is being sent out to know and registered
General Contractors. A non-response to the RFQ by email will be listed and received as a “No
Quote”.
•This is a Public Works Bid Law limited project – meaning project totals may not exceed
legal contract limits. Quotes may not be acted upon by the City of Fairhope if Bid Law limits
are exceeded.
•Use the 1-Page Response (attached) to submit your Quote.
Thank you for your interest in our project.
Yours,
RDJ
Direct Solicitation of RFQ to 17 Qualified GC's
Page 414 of 458
Richard D. Johnson, PE
City Engineer
Cell: 251-423-7418
Office: 251-928-8003
richard.johnson@fairhopeal.gov
Page 415 of 458
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.
R.H. Deas Building Co.
Fairhope Building Co.
Thomas Industries, Inc.
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? RFQ 2026-REC 001 – New Home Team Dugout – H.S. Baseball –
Volanta Ballpark
2. What is the total cost of the item or service? $99,971.00
3. How many do you need? One New H.S. Home Team Baseball Dugout
4. Item or Service Is: ☒ New ☐ Used ☒ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): R.H. Deas Building Co.
6. Vendor Number: 7923
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? $99,971.00
3. Budget code: Transfer $100K from 001250-50475 Line 20
Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 416 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-124
FROM: Hannah Noonan, Human Resources Director
George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT: The Director of Human Resources, Hannah Noonan, is requesting to
extend the contract with Genesis Industrial Staffing, Inc. to supply
temporary employees to supplement the existing workforce.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve the one-year extension of the contract with Genesis Industrial Staffing, Inc.
to supply temporary employees to supplement the existing workforce for the following
departments: Adult Recreation/Special Events: $2,500.00, Streets Department:
$15,000.00, Horticulture Department: $51,000.00, and Sanitation: $15,000.00; Total
cost of $83,500.00.
BACKGROUND INFORMATION:
Adult Recreation/Special Events: $2,500.00
Streets Department: $15,000.00
Horticulture Department: $51,000.00
Sanitation: $15,000.00
Total of Eighty-Three Thousand Five Hundred Dollars ($83,500.00)
Previous Council Actions:
May 27, 2025 - Resolution No. 5461-25 authorized Mayor Sullivan to execute a contract
with Genesis Industrial Staffing, Inc. to supply temporary employees to supplement the
existing workforce. Authorizes Treasurer to transfer $50,000.00 from Sanitation Salaries
005030-50040 to Temp Contract Labor 005030-50245.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001300-
50245
001350-
50245
$2,500.00
$15,000.00
$51,000.00
$15,000.00
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
Page 417 of 458
001360-
50245
005030-
50245
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 418 of 458
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute
an extension of the contract with Genesis Industrial Staffing, Inc. to supply temporary
employees to supplement the existing workforce for the following departments: Adult
Recreation/Special Events: $2,500.00, Streets Department: $15,000.00, Horticulture
Department: $51,000.00, and Sanitation Department: $15,000.00; Total of $83,500.00.
These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51.
ADOPTED THIS 10TH DAY OF NOVEMBER, 2025
James Reid Conyers, Jr.
Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 419 of 458
Page 420 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-123
FROM: Hannah Noonan, Human Resources Director
George Ladd , PUBLIC WORKS 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. This
item will amend Resolution No. 5620-25 to adjust the annual not-to-
exceed amounts for Long's Human Resource Services.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve to amend Resolution No. 5620-25 to adjust the not-to-exceed amounts for
Long's Human Resource Services to supply temporary employees to supplement the
existing workforce for the following departments: Adult Recreation/Special Events:
$2,500.00, Streets Department: $3,537.47, and Landscape Department: $48,694.80;
and add Sanitation Department: $15,000.00; Total of $69,732.27.
BACKGROUND INFORMATION:
Adult Recreation/Special Events: $5,000.00 adjust to $2,500.00
Streets Department: $18,537.47 adjust to $3,537.47
Landscape Department: $99,694.80 adjust to $48,694.80
Add Sanitation: $15,000.00
Total of Sixty-Nine Thousand Five Hundred Thirty-Two Dollars and Twenty-Seven
Cents ($69,732.27)
Previous Council Actions:
Resolution No. 5620-25 authorized 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.
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.
Page 421 of 458
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:
Account No. Account Title Current Budget Cost Available
Budget
001300-
50245
001350-
50245
001360-
50245
005030-
50245
Adult Rec - Temp
Labor
Streets - Temp
Labor
Landscape - Temp
Labor
Sanitation - Temp
Labor
$2,500.00
$3,537.47
$48,694.80
$15,000.00
TBD
TBD
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 422 of 458
RESOLUTION NO. ____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby approves to amend Resolution
No. 5620-25 to adjust the not-to-exceed amounts for Long's Human Resource Services to
supply temporary employees to supplement the existing workforce for the following
departments: Adult Recreation/Special Events: $2,500.00, Streets Department: $3,537.47,
and Landscape Department: $48,694.80; and add Sanitation Department: $15,000.00;
Total of $69,732.27. These services are exempt pursuant to Code of Alabama 1975,
Section 41-16-51.
DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025
_______________________________
James Reid Conyers, Jr.
Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 423 of 458
RESOLUTION NO. 5620-25
BE IT RESOLVED BY THE GOVERNING BOD Y OF THE CITY OF
FAIRHOPE, ALABAMA , That the City Counci l hereb y authorizes Mayor Sherry
Sullivan to execute an extension of the contract with Long's Human Re source
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: $99,69 4 .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
Attest:
~f,id~
City Clerk
Page 424 of 458
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 425 of 458
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 426 of 458
Page 427 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-115
FROM: Nicole Love, Grants Coordinator
Kim Creech, CITY TREASURER
SUBJECT: The Grants Coordinator, Nicole Love, is requesting the hiring of a
Professional Consultant for Grants and Grant Management.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
To approve the selection by the Mayor for RFQ PS26-008 Professional Consulting
Services for Grants and Grant Management to Grant Management, LLC., and authorize
the Mayor to negotiate the not-to-exceed cost to be approved by City Council.
BACKGROUND INFORMATION:
The Grants Coordinator, Nicole Love, is requesting the hiring of a Professional
Consultant for Grants and Grant Management.
The purpose for this contract is for the firm to consult, review, and manage grants, and
perform grants administration for the City of Fairhope.
Mayor Sullivan has selected Grant Management, LLC for this contract.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001100-
50290
Professional
Services
TBD TBD TBD
GRANT:
N/A
LEGAL IMPACT:
N/A
Page 428 of 458
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 429 of 458
RESOLUTION NO. ________
, as follows:
[1] That the City Council approves the selection by Mayor Sherry Sullivan for
Professional Consulting Services for (RFQ PS26-008) Grants and Grant
Management, LLC., and hereby authorize Mayor Sullivan to negotiate the not-to-
exceed fee to be approved by Council.
DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025
______________________________
James Reid Conyers, Jr.
Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 430 of 458
Sherry Sullivan
Mayor
Council Members:
Andrea F. Booth
Jack Burrell, ACMO
Jimmy Conyers
Joshua N. Gammon
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 27, 2025
Re: RFQ PS 26-008 Professional Consultant Services for Grants and Grants
Management
The Grants Coordinator, Nicole Love, is requesting the hiring of a professional
consultant for Grants and Grants Management.
Per our Procedure for Procuring Professional Services, Nicole Love and I are
providing firms for the Mayor to select from for the work.
This will be an annual contract for consulting for grants and grants management.
Please move this procurement of professional services forward to the Mayor for the
selection of a professional service provider.
The short list is:
_____________ ___________ Grants Management, LLC.
_____________ ___________ None. Submit another list
Cc: file, Nicole Love, Mayor Sherry Sullivan
Oct 28, 2025
Page 431 of 458
Memo to choose - Prof Consultant Grant
Management
Final Audit Report 2025-10-28
Created:2025-10-27
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAt9KhuR0jtWpRlOT9SDTsDEktK6YekMR0
"Memo to choose - Prof Consultant Grant Management" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2025-10-27 - 8:13:52 PM GMT
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2025-10-27 - 8:14:18 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2025-10-28 - 12:55:39 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2025-10-28 - 12:56:07 PM GMT - Time Source: server
Agreement completed.
2025-10-28 - 12:56:07 PM GMT
Page 432 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-108
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Reappoint Gary Cowles as a Director to the Educational Building
Authority of the City of Fairhope, Alabama - St. Michael Catholic High
School with a term to expire on the second Monday of November
2027.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
That the City Council reappoint Gary Cowles as a Director to the Educational Building
Authority of the City of Fairhope, Alabama - St. Michael Catholic High School with a
term to expire on the second Monday of November 2027.
BACKGROUND INFORMATION:
Resolution No. 3528-19: Appointing a Director to the Educational Building Authority of
the City of Fairhope, Alabama – St. Michael Catholic High School: appoint Gary Cowles
for a term ending on the second Monday of November 2025.
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 433 of 458
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 434 of 458
RESOLUTION NO. _______
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA
(the “City Council”), as follows:
Section 1. The City Council has found and determined and does hereby find, determine and
declare as follows:
(a) The City Council has heretofore authorized the incorporation, and appointed the
directors, of The Educational Building Authority of the City of Fairhope, Alabama - St. Michael’s
Catholic High School (the “Authority”).
(b) The current term of Mr. Gary Cowles as a director of the Authority expires on the second
Monday of November, 2025.
(c) It is in the best interests of the Authority and the City to reappoint Gary Cowles as a
director of the Authority.
Section 2. Pursuant to Section 16-17-5 of the Code of Alabama 1975, the City Council does
hereby appoint the following person as a director of the Authority for the term ending on the date and
year set opposite the name thereof:
Name End of Term
Mr. Gary Cowles Second Monday of November, 2027
Section 3. All ordinances, resolutions, orders, or parts of any thereof, of the City in conflict,
or inconsistent, with any provision of this resolution hereby are, to the extent of such conflict or
inconsistency, repealed.
Section 4. This resolution shall take effect immediately.
Duly passed and adopted this 10th day of November, 2025
James Reid Conyers, Jr.
Council President
SEAL
Attest:
Lisa A. Hanks, MMC
City Clerk
Page 435 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-125
FROM: Sherry Sullivan, Mayor
SUBJECT: Indemnity Agreement and Annual Party Agreement between Oak
Hollow Farm Inc. and the City of Fairhope for the City’s Christmas
Event for City Employees at the “Barn” on Friday, December 12,
2025, from 12:00 p.m. to 3:30 p.m.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
That the That Mayor Sherry Sullivan is hereby authorized to execute an Indemnity
Agreement and Annual Party Agreement between Oak Hollow Farm Inc. and the City of
Fairhope for the City’s Christmas Event for City Employees at the “Barn” on Friday,
December 12, 2025, from 12:00 p.m. to 3:30 p.m.
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 436 of 458
RESOLUTION NO. ______
, That Mayor Sherry Sullivan is hereby authorized to
execute an Indemnity Agreement and an Annual Party Agreement between Oak
Hollow Farm Inc. and the City of Fairhope for the City’s Christmas Event for City
Employees at the “Barn” on Friday, December 12, 2025, from 12:00 p.m. to 3:30 p.m.
DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025
________________________________
James Reid Conyers, Jr.
Council President
Attest:
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 437 of 458
State of Alabama
County of Baldwin
INDEMNITY AGREEMENT
Whereas, Oak Hollow Farm Inc. in Fairhope, Alabama, wishes
to provide City of Fairhope a location for an event, and
Whereas, Oak Hollow Farm Inc. has agreed to provide a
location for said event on a temporary basis.
Whereas, Oak Hollow Farm Inc. shall not provide, sell or
deliver alcoholic beverages to City of Fairhope or any of their guests
on the premises of Oak Hollow Farm Inc.
Whereas, City of Fairhope is desirous of providing alcohol for
said event, and
Whereas, City of Fairhope has agreed to hold Oak Hollow
Farm Inc., its agents, successors and assigns, and Independent
contractors harmless from loss against claims against them for
providing or delivery of liquor for consumption on said premises to
Induce Oak Hollow Farm Inc. to provide said facilities:
Now, Therefore, the undersigned, in order to induce Oak
Hollow Farm Inc. to provide said event does agree to bind the event
as follows, to-wit:
The undersigned, hereinafter called indemnitor, do hereby
indemnify Oak Hollow Farm Inc. and all other of its agents,
successors, assigns, and independent contractors, hereinafter called
indemnities, and agree to hold and save harmless from and against
any and all actions or abuses of actions, claims, demands, liabilities,
loss of damage incurred at any time by reason or in consequences of
any and all claims against any or all of them as a consequence of
Oak Hollow Farm Inc. allowing me to use their facility for providing,
selling, and/or delivery of alcoholic beverage for consumption and
said premises which they may suffer against them, or which they may
sustain or incur in connection with any matter connected with the use
of said facilities and any necessary action taken by Oak Hollow
Page 438 of 458
Farm Inc. its assigns, successors, agents, and independent
contractors pursuant to said use.
In the witness whereof, the undersigned has hereunto set her hand
and seal on the ~_day of------.--~--' 2025 .
Signature ________________ ~----
Print Name -----~---------------
Witness ----------------------
Witness ----------------------
Page 439 of 458
• r w,,.-M.
Oak Hollow Farm Inc.
November 2 , 2025
C ity of Fairhope
Attn : Gayle Fogarty
Please accept th is as written confirmation that Oak Hollow Farm has reserved the BARN on
Friday, December 12, 2025 , for your Christmas Party from 12 :00 to 3:30 p.m . Your pricing is
$38.00pp + 15 % gratuity + $300 Setup/Cleanup . No tax will be applied as you are tax exemp t.
Per your requested quote , we will plan for 300 people and a confirmed guest count is
needed by Friday December 3rd, 2025. Final payment is due no later than the day of
your event.
Ribeye Steaks & 20 Smoked Chicken Breasts (for those who don't eat steak)
Mashed Potatoes & Gravy, Green Beans & Squash Casserole
Garden Salad, Yeast Rolls
Peach Cobbler w/lce Cream & Cookies
Tea * Lemonade * Water * Coffee
Oak Hollow Farm will provide tables , chairs and all paper products needed for your even t.
We also have available AV equ ipment if needed for any music or slideshow presentat ion you
des ire. We ask that you please notify us at least (3) days in advance if you
would like to ut ili ze this equipment and for what purposes.
Per my ema il correspondence with you , we understand no alcohol ic beverages w ill be served ,
but employees are allowed to bring their own alcohol.
• A $500.00 deposit is required to reserve the date and the final balance is due
prior to the event.
• Please sign and return with your agreement to 14210 Greeno Road , Fai rh ope , AL
along with your deposit. If you need additional information please give me a call
251-623-9621.
Cl inet _________________________ Date : ___ _
Prepared by: Marva Dean Little, Events Coordinator (251)623-9621 *
marvadean@oakhollowfarm.net
Page 440 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-103
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Request — Blair Gewin requests that the City Council grant a
variance to Ordinance No. 1443, known as the Noise Ordinance for
Friday, December 5, 2025, to host a rehearsal dinner for Janee and
Jo Bonner's family in downtown Fairhope at the Apiary, 85 N.
Bancroft Street. The event is scheduled to conclude at 10:30 p.m.
AGENDA
DATE:
November 10, 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 441 of 458
Lisa A. Hanks, MMC
From:
Sent:
To:
Subject:
Blair Gewin
4950 Carmel Drive North
Mobile, AL 36608
blairgewin@gmail.com
251.604.4528
10/19/25
Fairhope City Council
161 N Section St
Fairhope, AL 36532
Blair Gewin <blairgewin @gmail.com > ,./
Friday, October 24, 2025 9:29 AM Xlf ff
Lisa A. Hanks, MMC
Variance to Noise Ordinance
Dear Members of the Fairhope City Council,
I hope this letter finds you well. I am writing to formally request a variance to the noise ordinance for
December 5, 2025, at the Apiary in downtown Fairhope. We are hosting a rehearsal dinner for Janee and
Jo Bonner's family, and the event is scheduled to conclude at 10:30 PM.
The Bonner family has chosen Fairhope as a significant location for their celebrations due to its charm
and community spirit . We anticipate approximately 150 attendees for this special occasion, and it is
important to honor their wishes to create a joyful and memorable atmosphere.
We understand and appreciate the community's efforts to maintain a peaceful environment, and we will
ensure that all necessary measures are in place to minimize any potential disturbances. This includes
working closely with the venue and our vendors to control sound levels and adhering to any specific
guidelines the City Council might suggest.
We kindly ask for your consideration in granting this variance to allow for a continuation of our festivities
and to celebrate this meaningful occasion. Your support in fostering community events such as this is
invaluable, and we are grateful for your attention to our request.
Thank you for considering our appeal. We are hopeful for a positive response and are more than willing to
address any questions or concerns you may have .
Sincerely,
Blair Gewin
1
Page 442 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-110
FROM: Sherry Sullivan, Mayor
Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS
SUBJECT: Permission to set up our grill on De La Mare Avenue Street in front of
the Lyons Share on the night of the tree lighting, November 21, 2025.
We will be giving out free hotdogs and sausage dogs to our
community at no cost. If the weather is cold enough, we will make a
pot of apple cider as well. This is a great way to promote Rotary and
all its efforts in our community as well as around the world.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
That the City Council approves the request for permission to set up our grill on De La
Mare Avenue Street in front of the Lyons Share on the night of the tree lighting,
November 21, 2025. We will be giving out free hotdogs and sausage dogs to our
community at no cost. If the weather is cold enough, we will make a pot of apple cider
as well. This is a great way to promote Rotary and all its efforts in our community as
well as around the world.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
Page 443 of 458
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 444 of 458
Lisa A. Hanks, MMC
From: Sherry Sullivan
Sent:
To:
Cc:
Wednesday, October 29, 2025 1 :09 PM /Ail ,
Jack Powell W'
Lisa A. Hanks, MMC; Paige Crawford
Subject: Re : tree lighting
Jack,
Thank you for your email. I am copying City Clerk Lisa Hanks so she can put on the agenda for Council
approval. The Council meets on November 10th .
Sherry
Get Outlook for iOS
From: Jack Powell <jackgciu@aol.com>
Sent: Wednesday, October 29, 2025 11:27 :30 AM
To: Sherry Sullivan <sherry.sullivan@fairhopeal.gov>
Subject: tree lighting
Good morning Mayor Sullivan ,
I'm the current president for Fairhope Sunset Rotary and wanted to ask if we could set up our grill on
Delamare St in front of the Lyons Share on the night of the tree lighting? We have been doing it for
many years , but last year I was given a little kick back about parking on the closed street. We will be
giving out free hotdogs and sausage dogs to our community at no cost. If the weather is cold enough,
we also make a pot of apple cyder as well. This is a great way to promote Rotary and all its efforts in
our community as well as around the world. The Lyons Share has given us the go ahead and has
also said they would help with our expenses . I will leave the area cleaner than I find it and also make
sure that it is a safe setup. I know we are getting close on time and would ask that you let me know
as soon as you can so I can plan it around my club and the frame shop. Please call me with any
questions or concerns and I will be happy to provide what is needed.
We are covered at any event we do under Rotary's insurance so that shouldn't be a problem incase it
gets asked.
Thank you!
Jack Powell
Jack Powell
Gulf Coast Storage LLC
20950 County Rd 13
Fairhope AL 36532
251-928-6544
251-583-0702 cell
1
Page 445 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-121
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Appointments - Board of Adjustments
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
Appoint members with staggered term end dates.
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 446 of 458
After serving on the Board for 21 years, Cathy Slagle requested to serve
as a supernumerary member. She will serve the remainder of Bryan
Flower’s term ending 10/21/2026.
Bryan Flowers shall be appointed to fill the remainder of Slagle’s term
ending 10/21/2026
Ryan Baker is reappointed; term end 10/21/2026
Donna Cook is reappointed; term end 10/21/2027
Anil Vira is reappointed; term end 10/21/2027
Frank Lamia is reappointed; term end 10/21/2028
David Martin is reappointed as a supernumerary member; term end
10/21/2026
BOARD OF ADJUSTMENTS
AND APPEALS
APPOINTMENTS
Page 447 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-106
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Reappointments — Fairhope Environmental Advisory Board.
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
City Council Approval.
BACKGROUND INFORMATION:
Reappointments for Amy Paulson and Jennifer Foutch for a four-year term that shall
end November 2029.
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 448 of 458
4 - Year Term
REAPPOINTMENTS .
Amy Paulson
Jennifer Foutch
The term shall end November 2029.
Page 449 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-117
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Application — Restaurant Liquor License by Ashley Gray, June LLC,
d/b/a Locals, 312 Fairhope Avenue, Fairhope, AL 36532.
AGENDA
DATE:
November 10, 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 450 of 458
Revised 09/2013
CITY OF FAIRHOPE
P.O. ORA WER 429
FAIRHOPE, AL 36533
251/928•2136
ALCOHOLIC BEVERAGE LICENSE APPP~~~~~1:d~ i=+,;;:5;3 ~
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 City . _ J
APPLICANT'S NAME f\11 ~~ SSN•
AGE_:__ _.,DATEOFBIRTH,..v --~--PLA~BIRTH ~ ~
MAIUNGADDREss /Lfd:l~ eo~ (Ze)J 3--i_1 s1MAt~~o
HOME# __________ WORK# ____________ _
CELL#('~ _____ FAX# ____________ _
RESIDENCE ADDRESS -"~""""""-;;;_;_;.._.,_;; ________________ _
NO.YEARS AT PRESENT ADDRESS (YUJ NO.YEARS AT PREVIOUS ADDRESS __ _
PREVIOUS ADDRESS ____________________ _
NAME AND ADDRESS OF BUSINESS ~ \ 3 \:Z.. ~ J\c-p2= ~
~ \I\-~ \SAJ ?Jlt?5 ?J-z__
NAME OF CORPORATION :::r~ L-LC
BUSINESS ~OCATION 3 j 1,._ ~ '-'1" :l:u,t,,J.u,,, 't [ 51 Wj ~ ~~
HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE ~
IFSO,WHERE ~~ UNDERWHATNAME 317--lD,~ u..t_ (~a_.,
HAS APPLICANT EVER BEEN ARRESTED ~ IF SO , WHERE________ ~ 91'--9--
WHEN _____ WHAT WAS CHARGE______________ ~~
DISPOSITION_______________________ LJ_.,~)
UST THREE REFERENCES : • )
NAME ADDRESS PHONE NUMBE R
~wd)
Page 451 of 458
INCORPORATION MEMBERS
Applicant ~ ~J~ LlL,d!bla/ Lo~
The following persons have a proprietary of profit interest in this business: (not needed for
corporations whose stock is traded on a recognized stock exchange)
Name Q~~ ~ Social Security Number ___ _
DateofBirth...__ _ ____ Age....: • _PlaceofBirth~'§ ~
MailingAddress /4Q'}(t) ~ 6JaJrq-z_, -~
Position with the Business ___ ~'--~---_.__ _______________ _
Telephone Numbe r _Driver License Number . .State AL
Name _______________ SociaJ Security Number ________ _
Date ofBirth _________ Age~ ___ Place of Birth _________ _
Mailing Address _________ '--------------------
Position with the Business -------------------------
Te I e phone Number _________ .Driver License Number _____ State ___ _
Name _______________ Social Security Number ________ _
Date of Birth __________ Age ____ P!ace of Birth _________ _
Mailing Address ___________________________ _
Position with the Business -------------------------
T elephone Number _________ Driver Lic ense N u mber _____ State ___ _ -------Name _______________ Social Security Number ________ _
Date ofBirth _________ Age ____ Pla c e of Birth _________ _
Mailing Address ____________________________ _
Position with the Business ________________________ _
Telephone Number _________ .Driver License Number _____ State ___ _
Page 452 of 458
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 sale 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 the 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 taJ< of 10% City Limits or 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 .
__ 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 or 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 bee, for on-premises
consumption only and 51% of gross receipts must come from the sale of food . A liquor tax of 10% City
limi1s or 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 .
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 EXEMPT LICENSE
I STATE ALL THE ABOVE TO BE TR UE A ND CORREC T T O THE BEST OF MY KNOWLEDGE.
~Ndt{l/•or ff) ~?;,WW
NOT APPROVED
B Y COUNCIL ______ DATE __ _
City Clerk
A PPROVED
BY COUNCIL ______ DATE __ _
City Clerk
H Th e Chief of Police is only acquiring a background check on the owners, partners, or corporate officers of the
business for the City of Fairhope . The Alabama Alcoholic Beverage Control Board does a thorough Federal and
State background check before issuing the License .
Page 453 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-127
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Application — Special Events License by Thomas Bratton McGregor,
Bottles Up Mobile Inc., d/b/a Bottles Up Mobile, Apiary, 85 N.
Bancroft St., Fairhope, AL 36532.
AGENDA
DATE:
November 10, 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 454 of 458
CITY O F FAIRHO P E
P.O. DRAWE R 429
FAIRHOPE, AL 36S33
251/928 -2 136
Re vised 0 9/20 l J
ALCOHOLIC BEVERAGE LICENSE APPPLICATION
PLEASE PRINT
We hereby apply for a license to sell Alcoholic Beverages in th e 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 prom ptly
furnish all reports required by th e City . Thomas Bratton McGregor
APPLICANrSNAMEJ'\.,dM~5 8~tt!Jn M,Arre-9or SSN#_· ------
AGE __ DATE OF BIRTH _;_PLACE OF BIRTH PhetYlk'A,M fa !Ad I /}y11"11 PJ
MAILING ADDREss 1u.3lj'l r e>11t1r H-0vur:: mvd. fu:zw)0 ~"'~• )qt,. 3uS:Lf 1
HOME# __________ WORK# __________ _
CELL#_', FAX# ___________ _
RESIDENCE ADDRESS .11.1StawML:..Ut~(A~f-!:!~!Ll-JE-/Nt~------------
NO.YEARS AT PRESENT ADDRESS g' NO.YEARS AT PREVIOUS ADDRESS lp
PREVlous ADDREss t31<1 ff:VI 111 ,r;t. Gx:allllA ~~ , ftk• f?t1 S:Y I
NAMEANDADDREssoFsus1NEss~ t\t> ~ """· Ar1 ·v1ry
¥5 N Bvw1uroft J\-. Fv11r\lJ0F~, ftk-3LP532
NAME OF coR PO RATION rsottltf l!1,, Mdntl tt I n0
Bus1NEss LocArroNr;: N GvlV\UYdrt J}. &1·vv,d(2l • t'1-L-\fu.S:32.
HAS APPLICA NT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE \J,, l,S
IF SO, WHER E Mo\,1 \t ~ ~11\aw1VlJNDER WHAT NAME CtH:tlf v1'a? Mtil:71 le I Vll-.
HAS APPLICAN T EVER BEEN ARRESTED_fy_Q_JF SO, WHERE ______ _ -WHEN -WHAT WAS CHARGE. ____________ _ -----=-~
DISPOSITION_-____________________ _
LI ST THREE REFERENCES :
NAME ADDRESS PHONE NUMBER
_!!..¼,~....!_Y¼vv'l..!...:......:....:..:_~.:..:V\o{~~~w,...:..:..~~~tJ..:,___nw_ri_~...:.,__\Jf_·_rJ-+-___ -"--__
r, ~V\ D\l\'tl-C; 11 12. ~hv' VlAlavi v .E
Page 455 of 458
C it y of Fair h ope
Al coholic Beverag e
li cense Application
Page -2-
PLEASE SELECT TYPE OF L ICEN SE APPL YING FOR :
Revised 09/2 0 13
__ 01 1 • PACKAG E STORE LICEN SE -Allows aale of liquor , wine, or beer at Retail, TO GO
only. No one under age 21 allowed on premises. A li quor tax of 10% City Limits or 5% Poli ce Ju riadidion is
due the 10111 of eactr monlh on the purchase price pai d for au i quor for use or resale by the lice nsee.
__ 010-LOUNGE LIQUOR UCEN SE -Allows &ale of fiquor, wine, o r beer for on and off
consumption . No one under age 21 allowed on the premises. A liquor tax or 10% C ity Limi(s or 5% Police
Jurisdiction is due the 1d" of each month on the purchase price paid for all liquor for us e or re sale by th e
licensee . ---
031-CLUB LI QUOR LI CE NS E -All ows sale of liquOf', wine , CJ/ beer but must meet ABC
Board 's "dub· re gul ati ons. A liquor lax or 10% City Limits or 5% Police Jurisdiction is due th e 1011 of each
month on the purchase price paid for an liquor for use or resale by the license e.
010 -RESTA URANT LIQUOR LICENSE -AAows sale of liquor, wine, o r beer for on-pre mi se s
oonsumpti on only and 51 % of gross rece ipts must come from the sale of food . A li quor tax of 10% City
Limi ts or 5% Poli ce Jurisdiction is due the 10" ol each month on the purch ase price paid for all liqoor for use
or resal e by the licensee .
X 140 -SPE CIAL EVE NTS LICENSE
160 -SPEC IAL RETAIL LICENSE-More than 30days
__ 04-0 -BEER ON/OFF PREMI SES LICENSE -Allows sale of Be er Only , on and off cons um ption.
__ 050 • BEER OFF-PREMISES LICENSE -Allows sale ot Beer Only, TO GO on ly.
___ 060 -WINE ON/OFF PREM ISES LICENSE -Allows sale of Wine Only, on and off consumpt ion.
__ 070 -WINE OFF -PREM ISES LI CENSE -Allows sale of Wine Only, TO GO , only.
100 -'MNE WHOLESALER LICENSE
210 -WINE IMPORTER LICENSE
200 -WINE MANUFACTURER LICENSE
240 • NON-PROFIT TAX EXEMPT LICENSE
I STATE All THE ABOVE TO BE TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATU RE (FU LL NAME) DATE
NOT APPROVED
NOT APPROVED _DATE ta__"'~::p::~::IL City Clerk DATE
APPROVE D _,,_..,.,._~:i.t-B.a..11..<-..r:. fl.Yi QOUNCIL ----,.-,--DATE ___ _
• hi efof Poli~ tl/g ci 5 ~ City Clerk
... Th e Chi ef of Police is only acquinng a background check on the owners, partners. o r co,porate offi cers of th e
busin ess fof the City of Fai rhop e. The Alabama Alcoholic Beverage Control Board does a tho rou gh Fe deral and
State background check berore issuin g !he Lioense .
Page 456 of 458
INCORPORATION MEMBERS
,d/b/a/ 6att1ec Up fvlt~i'lt
The following persons have a proprietary of profit interest in this business: (not needed for
corporations whose stock is traded on a recognized stock exchange)
Name :(VJOlYlfA[ Bratton mc&e.qor Social Security Number_' __
Date of Birth_ __Age---'-_,___Place of Birth DntAnrctn Saudi' /Jrabta
Mailing Address!'03Yg fC\VIOr ttarper Blvd. 6Yam fu~, av 3t£'1dl
Position with the f3usiness_..;..P..1,.re.M.,£5.,!..;1'd=e.!.-'aUt ________________ _
Telephone Number ____ _ Driver License N'umber --.-~
State A:k.
Name _____________ SociaJ Security Number _______ _
Date ofBirth ________ Age~ ___ Place of Bir1h ________ _
Mailing Address --------------------------
Position with the Business -----------------------
Telephone Number ________ Driver License Number _____ State ___ _
Name _____________ Social Security Number _______ _
Date of Birth. _________ Age ____ Place of Birth ________ _
Mailing Add ress _________________________ _
Position with the Bus iness. ______________________ _
Telepho ne Number Driver Licens e Numb er Sta te -----------------
Nam e, ______________ Social Security Number _______ _
Dat e of Birth _________ Age ____ P lace of Bi rth ________ _
Maili ng Address. _________________________ _
Po sition wi 1h t he Gu sine ss ______________________ _
Telephone Nu mb er ________ Drivcr Licens e Number _____ State ___ _
Page 457 of 458
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2026-129
FROM: Marcus McDowell, City Attorney
Jimmy Conyers, Council Member
SUBJECT: Executive Session — To discuss pending and potential litigation
AGENDA
DATE:
November 10, 2025
RECOMMENDED ACTION:
That the City Council votes to go into Executive Session — To discuss pending and
potential litigation
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 458 of 458