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Home My WebLink About02-19-2026 City Council Meeting Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Thursday, February 19, 2026 - 6:00 PM City Council Chambers Council Members Jack Burrell Joshua Gammon Jimmy Conyers Jay Robinson Andrea Booth Invocation and Pledge of Allegiance Public Hearing from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance. 6. — Ordinance — An Ordinance to amend Ordinance No. 1233 known as the City of Fairhope Business License Code, Chapter 8, Section 22. License Classifications. (Introduced at the City Council Meeting on February 9, 2026). 7. — Ordinance — An Ordinance to amend Ordinance No. 1666: the Bylaws of the Fairhope Public Schools Commission; specifically Section 2- Final Adoption Final Adoption at 9338 Gayfer Road Extension, Fairhope Alabama. Tax Parcel No. 46-05-15-0 Rehabilitation (RRR) of 1.25 miles of Page 1 of 284 City Council Regular Meeting February 19, 2026 Page - 2 - 12. Resolution — That the City Council approves the selection by Mayor Sherry Sullivan for Professional Architectural and Engineer Design Services for (RFQPS26- and hereby authorize Mayor Sullivan to negotiate the not-to- New Youth Baseball Restrooms - Volanta Park with a bid proposal not-to- Mobile for New 6 ft. Vinyl Coated Fences - perform Professional Services for (RFQ PS26- of each month immediately following the 4:30 p.m. Work Session Next Regular City Council Meeting, Monday, March 9, 2026, 6:00 p.m. Fairhope Municipal Complex Council Chambers 161 North Section Street Page 2 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-243 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of February 9, 2026 Regular City Council Meeting and minutes of February 9, 2026 Work Session. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: Approve minutes of February 9, 2026 Regular City Council Meeting and minutes of February 9, 2026 Work Session. 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 3 of 284 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 9 February 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Conyers called the meeting to order at 6:13 p.m. The invocation was given by Pastor Phil Quarles of Redeemer Lutheran Church, and the Pledge of Allegiance was recited. Council President Conyers stated there was a need to add on an agenda item after Agenda Item Number 24: a Resolution that the City Council hereby authorizes Mayor Sherry Sullivan to execute a Settlement & Tender Agreement with American Contractors Indemnity Company (Surety) that will settle the claim with J. Payne Organization (Contractor) involving Bid No. 24-053-2024-PWI-010 – John Martin Nature Center Building Project. Councilmember Robinson moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Robinson moved to approve minutes of the January 26, 2026, regular meeting; and minutes of the January 26, 2026, work session. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and thanked everyone for coming out Saturday for the parades. She announced the next events: Maids of Jubilees and Order of Mystic Magnolias parades; and the SAPPA Conference. Chief Stephanie Hollinghead addressed the City Council regarding five promotions within the Fairhope Police Department. Two Police Officers promoted to Corporal: Charles Speegle (Investigations) and Bryan Millines (School Resource Officers). Three Police Officers promoted to Sergeant: Bunky Bishop (SRO), Ward Faust (Patrol and Investigations), and Brett Dahlmann. Page 4 of 284 9 February 2026 Chief Hollinghead presented Shane Leiser (retired Police Sergeant) his gun and badge pursuant to Ordinance No. 1400: the City of Fairhope will offer to its Police Officers who retire after ten (10) years or more of honorable service and in good standing with the City, their badges and pistols used by them, as a part of their retirement benefits. Councilmember Burrell said this past weekend was a great kickoff for Mardi Gras. He commented Staff were marvelous. Councilmember Burrell stated that it was an excellent Work Session. He is concerned with the wastewater treatment plant upgrades; and we may need to get a second opinion. Councilmember Gammon agreed with Councilmember Burrell that this past weekend was a great kickoff for Mardi Gras with great Staff and event. He too said we need to get a second opinion on the Plant. Council President Conyers commented this weekend was a fantastic Mardi Gras event. Councilmember Robinson introduced in writing an ordinance to amend Ordinance No. 1233 known as the City of Fairhope Business License Code, Chapter 8, Section 22. License Classifications. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 19, 2026 City Council meeting. Councilmember Burrell introduced in writing an ordinance to amend Ordinance No. 1666: the Bylaws of the Fairhope Public Schools Commission; specifically, Section 2-113: Meetings, (a) The location will be posted by the City Clerk seven days prior to meeting date. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 19, 2026 City Council meeting. Councilmember Robinson introduced in writing an ordinance to establish the Fairhope Demolition Review Procedure for Historically Significant Building . Building Official Erik Cortinas explained the highlights of the ordinance and the changes. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 19, 2026 City Council meeting. Councilmember Robinson introduced in writing an ordinance to annex the property of Heath Clayton Pitman, Mary Emma Pitman, and Fairhope Single Tax Corporation located at 9338 Gayfer Road Extension, Fairhope Alabama. Tax Parcel No. 46-05-15-0-000-003.547.001. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 19, 2026 City Council meeting. Page 5 of 284 9 February 2026 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council of the City of Fairhope, Alabama hereby authorizes Mayor Sherry Sullivan to execute the attached “Agreement for the Cooperative Maintenance of Public Right of Way” with Lex Terry (“Owner”), said document setting forth the terms and conditions under which private driveway access. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5721-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council of the City of Fairhope, Alabama hereby authorizes Mayor Sherry Sullivan to execute the attached “Agreement for the Cooperative Maintenance of Public Right of Way” with Lex Terry (“Owner”), said document setting forth the terms and conditions under which private driveway access infrastructure within the public right-of-way will be constructed, maintained and repaired. Adopted this 9th day of February, 2026 ______________________________ 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 the City Council approves the selection of Safe Span, LLC to perform Professional Consulting Services for (RFQ PS26 -016) Bi- Annual Bridge Inspections; and authorizes Mayor Sherry Sullivan to execute a Contract with a not-to-exceed fee of $10,900.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * Page 6 of 284 9 February 2026 RESOLUTION NO. 5722-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection of Safe Span, LLC to perform Professional Consulting Services for (RFQ PS26-016) Bi-Annual Bridge Inspections; and authorizes Mayor Sherry Sullivan to execute a Contract with a not-to-exceed fee of $10,900.00. DULY ADOPTED THIS 9TH DAY OF FEBRUARY, 2026 _________________________________ 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 to award (Bid No. 26-021-2026-PWD-005) to Mendoza's Barrier Fence, LLC for New 6-Foot Privacy Landfill Boundary Fence with a bid proposal not-to-exceed $97,630.00. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5723-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-021- 2026-PWD-005) New 6-Foot Privacy Landfill Boundary Fence for the City of Fairhope Public Works Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for New 6-Foot Privacy Landfill Boundary Fence Page 7 of 284 9 February 2026 [3] After evaluating the bid proposals with the required bid specifications, Mendoza’s Barrier Fence, LLC is now awarded (Bid No. 26-021-2026-PWD-005) for New 6- Foot Privacy Landfill Boundary Fence for the for the City of Fairhope Public Works Department with a bid proposal not-to-exceed $ $97,630.00. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 8 of 284 9 February 2026 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the New Pavilion - Barnwell Sports Complex Project to Gulf Construction Co., LLC for a not -to-exceed project cost of $84,220.70. 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 $9,221.00 of FY26 Budget from Project No. 2026REC100 (Barnwell Youth Football Improvements) to Project No. 2026REC180 within Recreation-Capital Improvements account (001250-50475). Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5724-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the New Pavillion – Barnwell Sports Complex Project to Gulf Construction Co., LLC for a not-to-exceed project cost of $84,220.70. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out; and authorizes Treasurer to transfer $9,221.00 of FY26 Budget from Project No. 2026REC100 (Barnwell Youth Football Improvements) to Project No. 2026REC180 within Recreation – Capital Improvements account (001250-50475). DULY ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _______________________________ 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 the City Council to reject all bids (Bid No. 26-009-2025-PUS-014) for the Installation of Twelve (12) New Lift Station Bypass Pumps; and authorize the re-bid of the project under Code of Alabama 1975, Section 41-16-57(d). Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Page 9 of 284 9 February 2026 RESOLUTION NO. 5725-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council to reject all bids (Bid No. 26-009-2025-PUS-014) for the Installation of Twelve (12) New Lift Station Bypass Pumps; and authorize the re-bid of the project under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 ____________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for concrete work at the Wastewater Treatment Plant for the Belt Press with a cost of $3,200.00; and to award Change Order No. 1 to Professional Concrete Pumping & Finishing. The new total project cost will be $26,500.00. 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. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5726-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for concrete work at the Wastewater Treatment Plant for the Belt Press with a cost of $3,200.00; and to award Change Order No. 1 to Professional Concrete Pumping & Finishing. The new total project cost will be $26,500.00. 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. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 10 of 284 9 February 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Contract Extension No. 1 of Preventative Maintenance Program Annual Contract - Wastewater Treatment Plant VTScada System with Automation Control Service, LLC per the terms and conditions of the original contract. Automation Control Service, LLC is the only area company able to supply this service and respond in person within two (2) hours for emergencies. The annual cost is $22,800.00 plus materials as needed for repairs. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5727-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract Extension No. 1 of a Preventative Maintenance Program Annual Contract – Wastewater Treatment Plant VTScada System with Automation Control Service, LLC per the terms and conditions of the original contract. Automation Control Service, LLC is the only area company able to supply this service and respond in person within two (2) hours for emergencies. The annual cost is $22,800.00 plus materials as needed for repairs. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _______________________________ 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 the City Council approves and adopts the recommendations for the Water Department Restructuring and Reclassification as follows: Reclassify one (1) Water Service Technician (Grade 6) to Water Service Technician Crew Leader (Grade 7). Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 11 of 284 9 February 2026 RESOLUTION NO. 5728-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendations for the Water Department Restructuring and Reclassification as follows: Reclassify one (1) Water Service Technician (Grade 6) to Water Service Technician Crew Leader (Grade 7). ADOPTED THIS 9TH DAY OF FEBRUARY 2026 _________________________________ 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 the City of Fairhope approves the assignment from Surview Field Services, Inc. to Storti Quality Services, LLC for Bid No. 26-011 for Natural Gas Distribution System Leak Detection Survey for the Gas Department; and authorizes Mayor Sherry Sullivan to execute the assignment. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5729-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the assignment from Surview Field Services, Inc. to Storti Quality Services, LLC to Bid No. 26-011 for Natural Gas Distribution System Leak Detection Survey for the Gas Department; and authorizes Mayor Sherry Sullivan to execute the assignment. DULY ADOPTED THIS 9TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr. Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 284 9 February 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of 3 Position Eagle Line Dispatch Furniture that is on HGACBuy (Contract #EC07-23) with Xybix Systems, Inc. and therefore does not have to be let out for bid. Additionally, that the assembly and installation of the consoles will be done by Xybix Systems, Inc. as a sole source installer, and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 39-2-2(g)(1). The total amount not-to-exceed $132,187.50 payable to Motorola Solutions as distributor for Xybix Systems, Inc. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5730-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of 3 Position Eagle Line Dispatch Furniture that is on HGACBuy (Contract #EC07-23) with Xybix Systems, Inc. and therefore does not have to be let out for bid. Additionally, that the assembly and installation of the consoles will be done by Xybix Systems, Inc. as a sole source installer, and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 39-2-2(g)(1). The total amount not-to-exceed $132,187.50 payable to Motorola Solutions as distributor for Xybix Systems, Inc. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _____________________________ 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 the City of Fairhope has voted to approve the procurement of the relocation of 3 dispatch radio consoles for the Police Department from Communications Engineering Services, Inc. d/b/a CES/Team One Communications; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15) "Contractual services and purchases related to, or having an impact upon, security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or infrastructures." The cost will not-to-exceed $5,625.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 13 of 284 9 February 2026 RESOLUTION NO. 5731-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope has voted to approve the procurement of the relocation of 3 dispatch radio consoles for the Police Department from Communications Engineering Services, Inc. d/b/a CES/Team One Communications; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41- 16-51(15) "Contractual services and purchases related to, or having an impact upon, security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or infrastructures." The cost will not-to-exceed $5,625.00. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _______________________________ 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 the City Council approves the addition of a seasonal School Resource Officer (SRO) position to the Fairhope Police Department. This position would allow the department to retain experienced, fully trained SROs in our Fairhope Schools, preventing the need to reassign active duty officers. According to the 2024 Code of Alabama, Section 36 -27-8.2(d)(1); any individual who is retired under the Employees' Retirement System, holds the required Alabama Peace Officers' Standards and Training Certification, and previously served as a law enforcement officer may perform duties as a school resource officer without suspension of retirement benefits, provided their compensation does not exceed $52,000.00 per year. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Page 14 of 284 9 February 2026 RESOLUTION NO. 5732-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the addition of a seasonal School Resource Officer (SRO) position to the Fairhope Police Department. This position would allow the department to retain experienced, fully trained SROs in our Fairhope schools, preventing the need to reassign active duty officers. According to the 2024 Code of Alabama, Section 36-27-8.2(d) (1); any individual who is retired under the Employees’ Retirement System, holds the required Alabama Peace Officers’ Standards and Training Certification, and previously served as a law enforcement officer may perform duties as a school resource officer without suspension of retirement benefits, provided their compensation does not exceed $52,000.00 per year. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope Council authorizes the Treasurer to issue a check in the amount of $32,561.00 to the Fairhope Volunteer Fire Department; and if an additional deductible is collected by the insurance company, another $2,500.00 would be issued for the totaled vehicle. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. * * Page 15 of 284 9 February 2026 RESOLUTION NO. 5733-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope Council authorizes the Treasurer to issue a check in the amount of $32,561.00 to the Fairhope Volunteer Fire Department; and if an additional deductible is collected by the insurance company, another $2,500.00 would be issued to the Fairhope Volunteer Fire Department for the totaled vehicle. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Gammon moved to grant the request of the Fairhope Junior City Council requesting approval from the City of Fairhope City Council for a Pickleball Tournament with proceeds going to the Fairhope Rotary Youth Club as a donation. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Councilmember Robinson moved to grant the request of Rhydonna Moseley, Executive Director of Fairhope Educational Enrichment Foundation, requesting non- exclusive access to the pier and adjacent parks and beaches both North and South of the pier; and waiver of parking fees during the event and awards in exchange for the City of Fairhope being a Title Sponsor on Saturday, June 13, 2026 from sunrise and end at 2:00 p.m. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Burrell moved to appoint Scott Fraser and Chad Lagrone retroactively to the Fairhope Public Schools Commission for a three-year term that began January 1, 2026 and will expire December 31, 2028; and to reappoint Carrie Mackey retroactively for three-year term that began January 1, 2026 and will expire December 31, 2028. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 16 of 284 9 February 2026 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes Mayor Sherry Sullivan to execute a Settlement & Tender Agreement with American Contractors Indemnity Company (Surety) that will settle the claim with J. Payne Organization (Contractor) involving Bid No. 24-053-2024-PWI-010 – John Martin Nature Center Building Project. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5734-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council hereby authorizes Mayor Sherry Sullivan to execute a Settlement & Tender Agreement with American Contractors Indemnity Company (Surety) that will settle the claim with J. Payne Organization (Contractor) involving Bid No. 24-053-2024-PWI-010 - John Martin Nature Center Building Project. This resolution allows, authorizes and involves the following: 1. Surety to issue a Contract with Fairhope Building Company to complete the JMNC Building Project. (10-day Notice to Proceed and 90-Calendar Day Project Performance Period); and 2. Authorizes the City Treasurer to tender (release) unspent funds from the project (Resolution No. 5142-24) per the terms of the agreement; and 3. Allocates additional project funding of $39,510.00 (not to exceed) to cover an unexecuted change order that serves as a comprehensive change order for all additional costs or credits to non-contract work throughout the entirety of Contractor’s time on the project. DULY ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 17 of 284 9 February 2026 The following individuals spoke during Public Participation for Non-Agenda Items: 1) Jimmy Prestwood, 54 Fairhope Avenue, addressed the City Council regarding the amendments to the Zoning Ordinance; specifically, B3a and B3b. He said his house has a historic look; and this amendment will negatively affect his property and home. Mr. Prestwood said he and his wife would not be in town for the next meeting, so he came tonight. Planning Director Hunter Simmons replied that this amendment will not affect any homeowners until January 2027. Mr. Simmons said B3a and B3b are single-family homes that are allowed to have short-term rentals. Councilmember Burrell said maybe create a separate zoning for this homes. Councilmember Gammon questioned if homeowners could renovate. Councilmember Burrell said we are trying to protect businesses such as in the Central Business District. 2) Cheryl Stovall, 407 Dry Falls Way, addressed the City Council regarding the amendments to the Zoning Ordinance; specifically, B2 and the minimum square footage allowed. She said if you look at the math, it is not feasible. Mr. Simmons stated there is three units per quarter acre, which is 3,630 square foot units. 3) Eric Zubler, 105 Powell Avenue, addressed the City Council regarding Agenda Item No. 7: an ordinance to establish the Fairhope Demolition Review Procedure for Historically Significant Buildings. He thanked the City Council for strengthening and preserving homes in Fairhope. Mr. Zubler commented Fairhope is historic buildings. He also asked about the steps going down from the bluff to the beach. 4) John Stuart, citizen of Fairhope, addressed the City Council and thanked them for what they have done; and told Councilmember Gammon he had big shoes to fill. Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:22 p.m. James Reid Conyers, Jr., Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 18 of 284 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, 9 February 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon (arrived at 4:35 p.m.), Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Council President Conyers called the meeting to order at 4:34 p.m. The following topics were discussed: • The first item on the Agenda was the Presentation: Fairhope Junior City Council Annual Project by President Camille Hausman and Secretary Bethany Pierce. (See attached Handout titled “FJCC Project Proposal”) • The Discussion on the Wastewater Treatment Plant Utility was next on the Agenda. Caleb Leach, P.E. with Krebs Engineering, Inc. Briefly went over the Power Point Presentation titled “Wastewater Treatment Plant Phase 2 Improvements.” (See attached Power Point Presentation) Mr. Leach said there is a Master Plan and two additional plans. Council President Conyers questioned the price of a new plant; and the risks while upgrading. Mr. Leach replied a new plant would cost one hundred million dollars. Councilmember Burrell questioned capacity and infill. Mr. Leach responded there is a redundancy issue with the UV System. Mayor Sullivan stated with limiting our territory all that is needed is an upgrade. Councilmember Gammon questioned what Cities get to 8 MGD. Mr. Leach said we are trying to get to 6 MGD with a peak between 12 to 15 MGD. The filters, the cost of building, and redundancy were questioned. Mr. Leach said it would be just shy of forty million dollars. • The next item on the Agenda was the Discussion of Professional Services Purchasing Policy by City Treasurer Kim Creech. She said they would like to select an entity and bring forward contract with a not-to-exceed amount. Council President Conyers said he was agreeable with a one step process. Councilmember Burrell said he would agree to $25,000.00. The Mayor’s spending limit was discussed too. Councilmember Robinson explained the need for this policy. The consensus was to move forward and put on the next agenda. • Councilmember Burrell said Airport Authority will be tomorrow night. He said the Harbor Board discussed dredging at Fly Creek. • Councilmember Gammon gave a brief update on the Tree Committee; and said the Fairhope Environmental Advisory Board meeting will be on Friday. • Council President Conyers said the Parking Authority meeting was moved; and the Fairhope Public Schools Commission discussed the 3-mil Principal Presentations. • Councilmember Robinson mentioned the Historically Significant Building Demolition Review Ordinance on the City Council meeting tonight. Page 19 of 284 Monday, 9 February 2026 Page -2- • Councilmember Booth mentioned History Day and the projects; gave a shout out to Interim Public Works Director John Thomas; commented Chief Hollinghead makes Fairhope better; and said the Friends of the Fairhope Public Library’s Chocolate and Champagne Gala was a great success. • Gas Director Wes Boyett addressed the City Council regarding Agenda Item No. 17; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council and explained the reason there is only one company for bridge inspections. He addressed Agenda Items No. 9, No. 12, and No. 25 (an add on item); and answered any questions if needed. • City Treasurer Kim Creech addressed the City Council regarding Agenda Item No. 21; and answered any questions if needed. • Building Official Erik Cortinas addressed the City Council regarding Agenda Item No. 7; and answered any questions if needed. • Interim Public Works Director John Thomas addressed the City Council regarding Agenda Item No. 11; and answered any questions if needed. • Police Chief Stephanie Hollinghead addressed the City Council regarding Agenda Items No. 18, No. 19, and No. 20; and answered any questions if needed. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 13, No. 14, No. 15, and No. 16; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 6:02 p.m. ______________________________ James Reid Conyers, Jr. Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 20 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-551 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Public Hearing – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: Council approval BACKGROUND INFORMATION: Various amendments were presented during October and November City Council meetings. Through discussion with the Mayor, several Council members, Planning Commissioners, as well as citizen feedback, we now propose several revisions. Your packet includes a summary of those amendments. 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 21 of 284 emailed): Page 22 of 284 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council of Fairhope and the Planning Commission of the City of Fairhope directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253); and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); 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 forwarded a favorable recommendation; and, WHEREAS, after multiple public meetings and a hearing of Case ZC 25.07 at City Council, the City Council of Fairhope directed the Planning Department to make certain revisions to the proposed amendments to the Zoning Ordinance (No. 1253), and to include a time delay on the effectiveness of the amendments to the Zoning Ordinance applicable to single family use and two-family use based upon the removal of residential uses from the business zoning districts (B-1, B-2, B-3a, B-3b, and B- 4). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, the Zoning Ordinance (No. 1253) be hereby amended to read as shown in Exhibit A. 2. THAT, the amendment shown in Exhibit A to the use table (Table 3-1) removing Single- Family use and Two-Family use from the business zoning districts (B-1, B-2, B-3a, B-3b, and B-4) shall not take effect until January 1, 2027, for all lots of record within the aforementioned zoning districts in existence prior to the adoption of this Ordinance, at which time any single family use and two-family use shall be subject to the Non-conformities provisions of Article VII of the Zoning Ordinance (No. 1253). Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 _______________________________ James Reid Conyers, Jr., Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 ___________________________ Sherry Sullivan, Mayor Page 23 of 284 AMENDED JUNE 3, 2025 Exhibit A - Proposed Amendments for City Council Review. For questions, please call 251-990-0214 or e-mail Planning@Fairhopeal.gov Page 24 of 284 FAIRHOPE ZONING ORDINANCE 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 1. 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 Page 25 of 284 FAIRHOPE ZONING ORDINANCE 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-1 Flood Hazard District D. R-6 Manufactured Home District E. AO - Airport Overlay F. P-1 Parking District G. TR - Tourism Resort District H. MO - Medical Overlay District I. HTD - Highway Transitional District Article VI. Village Districts [Reserved] A. VRM - Village Residential Mix B. NVC - Neighborhood Village Center C. CVC - Community Village 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 Page 26 of 284 Article I Section A General Title FAIRHOPE ZONING ORDINANCE 1 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. Page 27 of 284 Article I Section C General Applicability FAIRHOPE ZONING ORDINANCE 2 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-1 - Low Density Single-Family Residential District • R-1(a) - Low Density Single-Family Residential District • R-1(b) - Low Density Single-Family Residential District • R-1(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-1 - 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-1 - Parking District • FH-1 - Flood Hazard District • PUD – Planned Unit Development • VRM – Village Residential Mix [Reserved] • NVC – Neighborhood Village Center[Reserved] • CVC – Community Village Center[Reserved] • HTD – Highway Transitional District • REC-1 – 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. Structures: 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. Lots: 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: Page 28 of 284 Article I Section C General Applicability FAIRHOPE ZONING ORDINANCE 3 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 necessary, 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 / 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 II 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 II. 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 R1 – 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. Page 29 of 284 Article II Section A Procedures Review Bodies FAIRHOPE ZONING ORDINANCE 4 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 1. 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 Authority: 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. Memberships: (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 full 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. Page 30 of 284 Article II Section A Procedures Review Bodies FAIRHOPE ZONING ORDINANCE 5 (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 on 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 Powers 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 Commission 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. Page 31 of 284 Article II Section A Procedures Review Bodies FAIRHOPE ZONING ORDINANCE 6 4. Board of Adjustments a. Establishment and Authority: The Board of Adjustment of the City of Fairhope, Alabama is hereby established according to the Code of Alabama (1975), as amended. b. Membership: (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: (1) 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) Administrative 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 Not 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. Page 32 of 284 Article II Section B Procedures Applications FAIRHOPE ZONING ORDINANCE 7 B. 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 Review Body Ma p A m e n d m e n t (R e z o n i n g ) * Director of Planning and Zoning A RR A RR A RR A RR A RR A RR A/RR D A/RR D Planning Commission H H RR City Council H D H D D Board of Adjustment H D H D H D A = Determination of complete application subject to Section II.B. RR = Review and/or 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 Village Zoning Districts. 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. Page 33 of 284 Article II Section C Procedures Review Procedures FAIRHOPE ZONING ORDINANCE 8 c. Notice – (1) Notice of Planning Commission Hearing (a) Published Notice – Notice shall be published once, at least 15 days 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 involves 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 15 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 be 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.1.c. 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: (1) 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 before the Planning Commission shall pass it along to the Page 34 of 284 Article II Section C Procedures Review Procedures FAIRHOPE ZONING ORDINANCE 9 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. Nullification 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. Initiation – Review of (preliminary) site plans accompanying a zoning map amendment shall be reviewed 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 impervious; or (3) All applications for zoning map amendments to rezone property 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 Article VI, Section D. for review of the rezoning application and site plans associated with a village development. Page 35 of 284 Article II Section C Procedures Review Procedures FAIRHOPE ZONING ORDINANCE 10 (4) A 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 Plan Application, Review, and Approval – 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-1 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. Application –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 notify 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 applicant’s 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) Impacts 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; (11) 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; Page 36 of 284 Article II Section C Procedures Review Procedures FAIRHOPE ZONING ORDINANCE 11 (14) Data to show 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. Nullification 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 notify 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. Page 37 of 284 Article II Section C Procedures Review Procedures FAIRHOPE ZONING ORDINANCE 12 (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 applicant’s 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 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.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 applicant’s consent before the Board can take one of the above actions. An applicant may agree to more continuances. e. Criteria – (1) 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; (l) 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. Page 38 of 284 Article II Section C Procedures Review Procedures FAIRHOPE ZONING ORDINANCE 13 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. i. 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. Page 39 of 284 Article II Section C Procedures Review Procedures FAIRHOPE ZONING ORDINANCE 14 c. Permits Requiring Planning Commission Review: 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 applicant’s request made prior to the permit expiration. e. Modification: 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. Certificate of Zoning Compliance and Certificate 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 the all remedies and penalties hereof. Page 40 of 284 Article III Section A Zoning Districts Purpose and Intent FAIRHOPE ZONING ORDINANCE 15 Article III Zoning Districts A. Purpose and Intent 1. RA Residential/Agriculture District 2. R-1 Low Density Single-Family Residential District R-1(a) R-1(b) R-1(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-1 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. M-1 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 [Reserved] 23. NVC – Neighborhood Village Center [Reserved] 24. CVC – Community Village Center [Reserved] 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 Principle 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 I., 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. Page 41 of 284 Article III Section A Zoning Districts Purpose and Intent FAIRHOPE ZONING ORDINANCE 16 1. R-A Residential/Agriculture 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 lifestyles proximate to the city. This district may also be 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-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. 3. R-2 Medium Density 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 Home 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 (1) 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 Multi-Family 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 Dwelling 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. Within 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 Mobile Home Park 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-1 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-1 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-1 zoning district. 11. B-2 General Business 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. Page 42 of 284 Article III Section A Zoning Districts Purpose and Intent FAIRHOPE ZONING ORDINANCE 17 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. Airport 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 Hazard 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. NVC 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. See Article VI, 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 Page 43 of 284 Article III Section A Zoning Districts Purpose and Intent FAIRHOPE ZONING ORDINANCE 18 Center component of the Comprehensive Plan. See Article VI, Section C. for more detailed standards regarding this district. 22. Highway 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 City’s vision for commercial corridors to better serve community needs. See Article V, Section I for more detailed standards regarding this district. 23. REC-1: Active Recreation: This district is intended for recreational activities such as athletic fields, marinas, golf courses and similar uses, and accessory structures customarily incidental to such uses. 24. REC-2: Passive Recreation: This district is intended for recreational activities such as hiking, biking, bird watching and similar uses, and typically preserve environmentally sensitive areas. B. Allowed Uses 1. Use Table – Table 3-1 indicates seven categories of uses: (1) 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 Page 44 of 284 Article III Section B Zoning Districts Allowed Uses FAIRHOPE ZONING ORDINANCE 19 Table 3-1: Use Table Zoning Districts R-A R-1 (a, b, c) R-2 R-3 TH R-3 PGH R-3 R-4 R-5 R-6 B-1 B-2 B-3a B-3b B-4 M-1 M-2 PUD VRM NVC CVC HTD REC-1 REC-2 Single-Family ● ● ● ● ● ● ● ● ● ● ● ● ● Two-family ●●●●●●●● э э э э э э э ●●● Patio Home э э э э ○○э э э э э э э э э э ●●э Accessory Dwelling э э э э э э э э э ● Civic Elementary School ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● Secondary School ●●●●●●●●●●●●●●● ●●●●●●●●●●●●● Library ●●●●●●●●●●●●●●●● ●○○○ Cemetery ○○○○○○○○○○○○○○ ○○○○○○○○○ Public Open Space ●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●● Community Center or Club ○○○○○○○○○○○○○○○●● ○○○○○○○○○○○○○○○○○○○○○○ Office General ● ● ● ● ● ● ● ● ● Professional ●●●●●●●●● э э э э э э э э э э э э э э э э э э Retail Grocery ● ● ● ● ● ● ● Convenience Store э э э э э э э э ●●●●●●●○ Shopping Center ● ● э Subject to special conditions as detailed in Zoning Ordinance ○ Page 45 of 284 Article III Section B Zoning Districts Allowed Uses FAIRHOPE ZONING ORDINANCE 20 Table 3-1: Use Table (continued) Zoning Districts R-A R-1 (a, b, c) R-2 R-3 TH R-3 PGH R-3 R-4 R-5 R-6 B-1 B-2 B-3a B-3b B-4 M-1 M-2 PUD VRM NVC CVC HTD REC-1 REC-2 Automobile Service Station ○ ○ ○ ○ э э Outdoor Sales Limited ○○○○○○ ○○○ Garden Center ○○○○○○○ Service Convalescent or Nursing Home ○○○○○○○○○○○○●●○ ○○○○○○○○○○○○○○ Outdoor Recreation Facility ○○○○○○○○●○○○○○○●● ○○○○○○○○○○○○●●● General Personal Services ● ● ● ● ● ● Mortuary or Funeral Home ○ ○ ○ ○ ○ ○ ○ Automobile Repair ●●●○○ ●●○●●●●●● Dry Cleaner / Laundry ●○○○○○ ○э э ○○○○ Bed & Breakfast ●○●○●●● ○○○ Boarding House or Dormitory э э э э Restaurant ○●○●○●● ●○●●● Entertainment Venue ● ○ ○ ○ ○ Marina ○ ○ ○ ○ ○ ○ ○ Kennel or Animal Hospital ○○○○ ●● Junk Yard or Salvage Yard ○ ○ Limited ○○●●●●○ ●● General ○● ● э Subject to special conditions as detailed in Zoning Ordinance ○ Page 46 of 284 Article III Section B Zoning Districts Allowed Uses FAIRHOPE ZONING ORDINANCE 21 Table 3-1: Use Table (continued) Zoning Districts R-A R-1 (a, b, c) R-2 R-3 TH R-3 PGH R-3 R-4 R-5 R-6 B-1 B-2 B-3a B-3b B-4 M-1 M-2 PUD VRM NVC CVC HTD REC-1 REC-2 Use Categories / Specific Uses Manufacturing (cont.) Food Processing ○ ● Rural Market ● ● ● э Subject to special conditions as detailed in Zoning Ordinance ○ Page 47 of 284 Article III Section B Zoning Districts Allowed Uses FAIRHOPE ZONING ORDINANCE 22 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) Garage 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) Model 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 permittee 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. Page 48 of 284 Article III Section C Zoning Districts Dimension Standards FAIRHOPE ZONING ORDINANCE 23 C. Dimension Standards 1. Lots and Principal Structure 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 principle principal structures shall meet these standards. Table 3-2: Dimension Table - Lots and Principle Structure District or Use Allowed Units Per Setback Rear Setback Side Setback Street Side Setback Max. Impervious Aream Max. Total Lot Coverage by All Height R/A R-1 R-1a R-1b R-1c R-2 R-3 R-3 PGH R-3 TH R-4 dwelling units plus 6,500 s.f. for each dwelling units plus 5’ for each 30’ 35’ 10’ b 20’ 30% 30’ R-5 dwelling units plus 4,100 s.f. for each dwelling units plus 5’ for each 30’ 35’ 10’ b 20’ 30% 30’ R-6 250’ 25’ 20’ 20’ b 25’ N/A 30’ B-1 B-2 B-3a B-3b B-4 M-1 M-2 PUD VRM NVC CVC HTD 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 III, 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 lots in the R-3 TH district may be as 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 III, Section D.2. j. Central Business District 40’. k. A building located in any commercial zone may have a height of 35’ 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 the second and/or third floor and retail or office space must be located on ground and/or second floor. (See Site Plan Review Article II, Section C, Sub-section 2 – Site Plan, for approval procedures) k. For purposes of this article, the term "impervious area" 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 term "impervious area" shall Page 49 of 284 Article III Section C Zoning Districts Dimension Standards FAIRHOPE ZONING ORDINANCE 24 include, without limitation, sidewalks, driveways, parking areas, decks, and patios, unless such surfaces are constructed of materials that allow passage of water into the ground at a rate equal to the predeveloped condition. 2. Residential Accessory Structures Table 3-3 indicates dimension requirements for residential accessory structures. Table 3-3: Dimension Table - Residential Accessory Structures Zoning Setback Rear Setback Side Setback Street Side Setback Max. Total Lot Coverage by Accessory Structure Max Height Min. Structure Separation from Principle Principal Between Structures R/A building line of principle principal 15’ 15’ 50’ 30% of required rear yard 30’ 50’ for agriculture structures; 10 feet for all other accessory structures 5’ R-3 PGH* Behind rear building line of principle principal structure none required same as principle principal structure same as principle principal structure 25% of required rear yard* taller than the principle principal 5’ 5’ All other residential districts Behind rear building line of principle principal structure 5’ 5’ no nearer than principle principal structure 25% of required rear yard taller than the principle principal 10’ 5’ *one 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 from 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. Every 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 a. Any freestanding single use or tenant retail building in the Greeno Road Village Center as contemplated in the Comprehensive Plan shall not have a building footprint larger than 18,000 square feet. a. Any free-standing single use or single tenant retail building in any other 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 principal 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’ from the principle principal structure and 5’ separation from all other accessory structures. b. Accessory structures located in the required rear yard of waterfront lots shall follow the dimension requirements in Table 3-3. Page 50 of 284 Article III Section C Zoning Districts Dimension Standards FAIRHOPE ZONING ORDINANCE 25 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. 1. 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: • Provide a residential format as an alternative to single-family homes; • Allow townhouses to be appropriately intermingled with other types of housing and give residents of townhouses quality residential neighborhoods; • Ensure location and design standards compatible with surrounding property; • Prevent long, unbroken lines of row housing; • Make efficient, economical, comfortable, and convenient use of Figure 3-2. All townhouse units shall have private yard areas of at least 400 square feet. Page 51 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 26 land and open space; • Serve the public purposes of zoning by means alternative to conventional arrangements of yards and building areas. b. Site Requirements: (1) 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 Figure 3-1. (2) Each Townhouses shall have a minimum lot area of 3,600 square feet for each Dwelling Unit unit; a front setback of twenty (20) feet; and a rear setback of thirty-five (35) feet. End units shall have a minimum side yard of ten (10) feet. This area may be on the same platted 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 unit. (3) Each Ttownhouse 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 townhouse or townhouse complex developments not subdivided into lots, one yard containing not less than 400 square feet, reasonably secluded from view from right-of-ways or from neighboring property, 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 area shall be devoted to public or common open space, exclusive of parking areas or accessory buildings. Common open areas may include recreational facilities. Provisions shall be made to assure that common open areas for the use and enjoyment of occupants of townhouses 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. 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-maintenance 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. Figure 3-1. Townhouse units of more than 4 shall have a differentiated front building line of at least 4 feet and no single building shall have more than 8 units. Page 52 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 27 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 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 surrounding uses. Figure 3-3. All light sources shall be shielded. Protruding bulbs and lenses are prohibited. Page 53 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 28 b. Location Restrictions: (1) In the NVC district or CVC district, automobile service stations may be located anywhere subject to the special design requirements listed in Section D.4.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. c. 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 the lens shall be flush with the box. Lenses shall not protrude past the bottom of the box. Should a gas station canopy be repaired or improved and the value of the improvements or the repair total 50% or more of the assessed value of the structure, 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. d. Special Design Requirements - NVC and CVC Districts: In 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. (1) 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 by the building. On corner lots, the street frontage on the secondary street may be occupied by the building on as little as 50% of that frontage, provided that the 60% requirement is met when both frontages are combined. See Figure 3-5. (4) All buildings shall have at least 50% clear glazing on windows and doors of any street facing ground level. Glazing on windows and doors shall count towards this requirement. See Figure 3-6. Figure 3-4. Maximum 10-foot setback in the Figure 3-5. by building facades for at least 60% of the lot width on the buildings primary street. Corner buildings may reduce this to as much as 50% on the buildings secondary street provided the cumulative total for both streets exceed 60%. Page 54 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 29 (5) Pump islands shall be located behind or to the side of the building. (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 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. (10) Vehicle entrance and exits shall be subject to the specifications in Article V of the Subdivision Regulations. (11) No outdoor storage of any kind is permitted on the site. (12) All vehicles shall be stored in an enclosed area and all vehicle repairs shall occur in an enclosed area. (13) All automobile service stations are subject to special site enhanced screening conditions to appropriately screen adjacent property 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 landscape 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 Figure 3-6. Ground level, street-facing facades shall have at least 50% clear glazing. Page 55 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 30 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 excessive 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 31st day of December of each calendar year and are delinquent February 1st. 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: (1) 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 not less than twenty (20) acres. c. Site Requirements: (1) 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 and adjacent residents or property owners. Page 56 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 31 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-1 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. Page 57 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 32 c. Site Requirements: (1) 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 any “bona-fide” mother- in-law suite with a kitchen, attached to the principle 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 Restrictions: 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. Site Requirements: (1) 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 M-1 Light Industrial District a. Intent: The intent of these special conditions for restaurants and associated bars in the M-1 Light Industrial District is to provide a method for restaurants to be permitted in the M-1 district. b. Location Requirements: The special conditions in this section shall apply only to the M-1 Light Industrial District. c. Site Requirements: (1) 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. Multi-Family/Apartment a. Intent: The intent of the special conditions for apartments is to: (1) Provide a residential format as an alternative to single-family homes; and Page 58 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 33 (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 off street 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; d. Additional 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 sf per Dwelling Unit, whichever is greater. Page 59 of 284 Article III Section D Zoning Districts Special Conditions for Uses FAIRHOPE ZONING ORDINANCE 34 (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) Minimum front yard setback: 40 feet (ii) Minimum rear yard setback: 20 feet (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 (iv) 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. Notwithstanding the foregoing, the following site requirements shall apply to any lot that is located within any area of the CBD Overlay where Mixed-Use Buildings are allowed: (1) Minimum lot area: 3,630 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 be built at the right- of-way line, unless a courtyard, plaza or other public open space is proposed. (ii) Minimum rear yard setback: Determined by Zoning District. See Table 3-2. (iii) 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): 225 percent (ii) Maximum impervious area: None (iii) Maximum number of stories: Three a. Maximum building height: 40 feet to the top of all structures, appurtenances, and mechanical equipment. (5) Maximum allowable Gross Density: One Dwelling Unit per 3,630 square feet of land contained in the parcel d. Use Restrictions: (1) Residential Uses: Upper Story Dwellings shall be allowed in accord with the following requirements: (i) No Upper Story Dwelling shall have a gross floor area of less than 600 feet. (2) Commercial Uses: (i) At least 80% of the ground floor of a Mixed-Use Building shall be occupied by Commercial/nonresidential uses. For the purposes of this calculation, parking garages/areas, located within a Building’s footprint, shall not make up more than 20% of the ground floor. Page 60 of 284 Article IV Section A Site Design Standards Open Space FAIRHOPE ZONING ORDINANCE 31 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. Page 61 of 284 Article IV Section A Site Design Standards Open Space FAIRHOPE ZONING ORDINANCE 32 Table 4-1: Open Space Categories and Types Category Type Description Size Recommendation Image NA T U R A L O P E N S P A C E Preserve An undeveloped area that contains Features such as large stands of trees, water elements, or prominent A preserve may be used for passive recreation or as a scenic and visual buffer. It generally contains little preserve. The size of a Preserve potential to connect to adjacent natural areas. Trail / Greenway An undeveloped area of continuous usable for recreation and non- improvements except for those to enhance travel or recreational use. include at least 3 acres but should be sized and continuity throughout a development area. Must be at least 30’ wide at all locations. Park An undeveloped natural area for structured recreation, such as ball should occupy no more than 25% of the total area. Parks are located based on the presence of natural features or based on convenience for surrounding residents. A park landscape although portions may be recreation purposes, particularly for parks located due to convenience. At least 3 acres Page 62 of 284 Article IV Section A Site Design Standards Open Space FAIRHOPE ZONING ORDINANCE 33 Table 4-1: Open Space Categories and Types (continued) Category Type Description Size Recommendation Image CI V I C O P E N S P A C E Green landscaping. A green is bordered by public right-of-ways on at least constructed elements except as a formal entry to or a focal point for the green. ¼ to 3 acres Plaza An open space for civic purposes plaza is bordered by public right- of-ways on at least 2 sides, and withstand heavy pedestrian traffic, formal pattern. 1/8 to 2 acres generally determined by building height to plaza. Courtyard A small open space accessible to the public but generally serving buildings. Courtyards are facades, but have at least one side public right-of-way. Courtyards are often constructed of materials formal landscape elements. 1000 square feet to 1/8 acre The size of courtyards is generally determined by maintaining a between a courtyard. Playground equipped for structured recreation. Playgrounds are often boarded by a fence or other private boundary (as in the case of a playground accessible by common pedestrian path. Alternatively, playgrounds included as part of a larger civic necessarily have borders. 1000 square feet to ¼ acres. natural open space. Page 63 of 284 Article IV Section B Site Design Standards Screening, Lighting, and Landscape Material FAIRHOPE ZONING ORDINANCE 34 B. Screening, Lighting, and Landscape Material 1. 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 minimum), 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: (1) 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: (1) 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 Page 64 of 284 Article IV Section C Site Design Standards Streetscape FAIRHOPE ZONING ORDINANCE 35 (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. Streetscape refers to all areas visible from the street and fronting buildings, and may consist of public or private property. Page 65 of 284 Article IV Section C Site Design Standards Streetscape FAIRHOPE ZONING ORDINANCE 36 Table 4-2: Frontage Types Yard 20’ minimum 40’ maximum yard frontage shall have no maximum depth for the front building line. A frontage with the building set back from the right- of-way line. The yard area is most appropriately used for landscape materials, natural vegetation, or focal points such as art or sculptures. The yard residential neighborhoods, for residential uses along arterial streets where a buffer is desired, and for civic land uses in any setting. Terrace 8’ minimum 20’ maximum A frontage with the buildings separated from the right-of-way by a slightly elevated garden or small yard. The terrace area is most appropriately used for landscape materials and entry elements, such as stairways, gateways or small fences or hedges. The terrace frontage is most appropriate in residential neighborhoods or areas of steeper topography. Courtyard 10’ minimum 20’ maximum building, typically more façade) should be built at or near the right-of- way line A frontage with a portion of the building close to the right-of-way line, while the remaining por setback from the right-of- pocket of open area in the courtyard. The courtyard higher-density residential blocks or for businesses that can utilize formal outdoor space. Stoop 8’ minimum 15’ maximum A frontage with the building close to the right-of- way line but with the first floor slightly elevated (typically 3 to 5 feet) to ensure privacy to occupants of the building. Typically the closer the building line is to the right-of-way, the higher the elevation of the first floor should be. The setback area is most portion of the setback area can include a small area of landscape material. The stoop frontage is most appropriate for higher-density residential blocks, or residential buildings mixed on blocks with non- residential buildings. Street-front 0’ minimum 10’ maximum A frontage with the building at the right-of-way line or slightly set back from the right-of-way line. The transparent and available to uses serving the public, thus providing varied and interesting environment to pedestrians. Any setback area is typically designed seamlessly with the right-of- expanded sidewalks, landscape beds, street-front seating, or a covered walkway. The street-front frontage is most appropriate for non-residential uses in pedestrian-oriented areas. * 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. Page 66 of 284 Article IV Section D Site Design Standards Site Access and Internal Circulation FAIRHOPE ZONING ORDINANCE 37 D. Site Access and Internal Circulation 1. 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. Size 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. Page 67 of 284 Article IV Section E Site Design Standards Parking FAIRHOPE ZONING ORDINANCE 38 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 Residential: Lodging: plus 1 space per five employees Public Assembly: floor area, whichever is greater. and day care centers employee, including teachers and administrators whichever is Health Facilities: Page 68 of 284 Article IV Section E Site Design Standards Parking FAIRHOPE ZONING ORDINANCE 39 Businesses: floor area - 400 to 5000 square feet of floor area - over 5000 square feet of floor area -- additional 400 square feet square feet additional off- Industries: shift, plus 1 space for each company vehicle operating from 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 °°° Page 69 of 284 Article IV Section E Site Design Standards Parking FAIRHOPE ZONING ORDINANCE 40 Figure 4– 2. Parking drive aisle widths may vary depending on the configuration and angle of parking that the drive aisle supports. b. Compact car parking dimensions shall be as follows: °°° 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%) 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. Page 70 of 284 Article IV Section F Site Design Standards Stormwater Management FAIRHOPE ZONING ORDINANCE 41 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 pavers, 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 Page 71 of 284 Article IV Section F Site Design Standards Stormwater Management FAIRHOPE ZONING ORDINANCE 42 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 required for off-street parking and loading. Rainfall intensity to be calculated on storm frequency determined by the commission and/or 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 system 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 storm 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 stormwater 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. Page 72 of 284 Article IV Section G Site Design Standards Tree Preservation FAIRHOPE ZONING ORDINANCE 43 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 and/or 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. Page 73 of 284 Article V Section I. Special Districts HTD - Highway Transitional District Article V Special Districts A. PUD – Planned Unit Development B. CBD – Central Business District Overlay C. FH-1 Flood Hazard District D. R-6 Manufactured Homes E. AO – Airport Overlay F. P-1 – Parking District G. TR – Tourism Resort District H. MO – Medical Overlay District I. HTD – Highway Transitional District A. PUD – Planned Unit Development 1. 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 comprehensive 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 districts the following base zoning districts listed in paragraphs a. and b. below. provided in the Fairhope Zoning Ordinance. 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. (1) B-1 – 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: (1) R-A – Residential/Agricultural District (2) R-1 – Low Density Single-Family Residential District Page 74 of 284 Article V Section I. Special Districts HTD - Highway Transitional District (3) R-1(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 met 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; Page 75 of 284 Article V Section I. Special Districts HTD - Highway Transitional District iv. Proposed floor areas of all units; v. Elevations of buildings and structures indicating exterior materials; vi. Location of accessory structures or accessory dwellings; k. The location and size of all areas to be conveyed, dedicated or reserved as commonly owned space, public parks, recreational areas and similar public or semi-public uses; l. 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 and/or 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 preserved/removed; 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. (1.) 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. Page 76 of 284 Article V Section I. Special Districts HTD - Highway Transitional District (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. Page 77 of 284 Article V Section I. Special Districts HTD - Highway Transitional District 2. Location and Size – The CBD overlay includes: From the southeast corner of the intersection of Oak Avenue and N. Church Street run east along the south side of Oak Avenue to a point on the east side of N. Section Street; one parcel on the north side of Oak Avenue from N. Section to the east end of Oak Avenue; one parcel on the east side of N. Bancroft Street from the north side of Oak Avenue to a point on the south side of Pine Avenue and along the east property line one parcel east of N. Bancroft Street; thence run east along the north property line of one parcel to a point; thence run south along the east property line to the south side of Equality Street; the west side of N. School Street from Equality Street to the south side of Stimpson Avenue; the south side of Stimpson Avenue to the east end of Stimpson Avenue; south to a point on the south side of Fairhope Avenue that is one parcel west of Mershon Street; one parcel on the south side of Fairhope Avenue from one parcel west of Mershon Street to the west side of S. School Street; to a point one parcel south of Morphy Avenue on the west of S. School Street; south to the west end of the unopened portion of right-of-way of Fels Avenue; along the north side of Fels Avenue from the northwest corner of the intersection of Fels Avenue and Oswalt Street to a point at the northeast corner of Fels Avenue and S. Church Street; north one parcel to a point one parcel south of Morphy Avenue; west to a point two lots west of S. Church Street; north to the north side of Morphy Avenue west to the northeast corner of the intersection of Morphy Avenue and S. Summit Street; along the east side of Summit Street to the southeast corner of the intersection of N. Summit Street and Magnolia Avenue; along the south side of Magnolia Avenue to the southeast corner of the intersection of Magnolia Avenue and N. Church Street; along the east side of N. Church Street to the southeast corner of the intersection of N. Church Street and Oak Avenue. 3. Uses – All uses permitted in the underlying zoning district are allowed in the CBD Overlay, provided that uses of property shall meet the intent of the Comprehensive Plan and Section E(1) of this Article. Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., Section B.1. 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 provided 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 building at the ground level, and shall be located a minimum of ten feet (10’) from any lot line. c. Structures, other than those used for elevators and stairwells, 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 of ten 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. Page 78 of 284 Article V Section I. Special Districts HTD - Highway Transitional District 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 the purposes of this calculation, gross floor area 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 limited to, internal service areas, internal parking, internal stairwells, and internal common spaces. Retail and restaurants are encouraged on the ground floor adjacent to public streets. C. FH-1 Flood Hazard District 1. 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, Page 79 of 284 Article V Section I. 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 1. 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 100-115/220/250 volts, 100 amperes shall be provided for each mobile home space. 3. License – It shall be unlawful 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; Page 80 of 284 Article V Section I. Special Districts HTD - Highway Transitional District (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. Page 81 of 284 Article V Section I. Special Districts HTD - Highway Transitional District j. All dwelling units shall have individually metered utility connections to public facilities for sanitary sewer and water. E. AO – Airport Overlay 1. 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 Airport 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 Overlay 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. Page 82 of 284 Article V Section I. Special Districts HTD - Highway Transitional District 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 Not 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-1 – Parking District 1. 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-1 Parking District. Parking garages may be permitted on appeal in the P-1 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 Page 83 of 284 Article V Section I. Special Districts HTD - Highway Transitional District P-1 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-1 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 1. 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 (i.e., 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 pool 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 Page 84 of 284 Article V Section I. Special Districts HTD - Highway Transitional District 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 not 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 Page 85 of 284 Article V Section I. Special Districts HTD - Highway Transitional District 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 - (i) 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: (1) Permitted 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 Permitted Uses allowed in the Recreation Zone. (2) Dimensional Standards – (i) 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 (1) 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. Page 86 of 284 Article V Section I. Special Districts HTD - Highway Transitional District (iv) Parking. All uses other than Senior-Oriented Communities, two (2) spaces per dwelling unit; Senior-Oriented Communities, one (1) 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) Permitted 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 Communities, 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-1, 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. Page 87 of 284 Article V Section I. Special Districts HTD - Highway Transitional District (3) Maximum Density – 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: (1) Permitted Uses – 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 (1) 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) Minimum Lot Size. None. (iv) 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. Page 88 of 284 Article V Section I. Special Districts HTD - Highway Transitional District (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 lot/property 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. Zoning 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). Page 89 of 284 Article V Section I. Special Districts HTD - Highway Transitional District 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. l. 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(1) 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 specify 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 II 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 Page 90 of 284 Article V Section I. Special Districts HTD - Highway Transitional District 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 91 of 284 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: (1) 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(13) 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 (17) 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 make up at least 33% of the total area of the building and be located on the upper floors only. B. Permitted Accessory Uses and Structures. (1) 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: (1) 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 buildings shall be vertically mixed in use. Retail uses shall be placed at street level. F. Special Exceptions. (1) Research and development Page 92 of 284 Article V Section I. 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 93 of 284 Article V Section I. Special Districts HTD - Highway Transitional District ii. A mixed-use building may have a height of 35’ 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 located on the second and/or third floor, and retail or office space must make up at least 50% of the total area of the building and be 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 I.1. of the Zoning Ordinance 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 94 of 284 Article VI Section A [Reserved] [Reserved] FAIRHOPE ZONING ORDINANCE 65 [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. VRM – Village Residential Mix 1. Intent – The 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 form a compact, compatible, and stable neighborhood; • provide compact, walkable neighborhoods; • provide 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; • promote a sustainable future, and encourage and develop connections between 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, cultural and recreational opportunities; 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 network with linkages to and between residential and commercial areas. 2. Location, Size and Density – A newly established VRM district shall be at least five (5) acres. However, a smaller parcel may be rezoned VRM 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 between 4.5 and 10 dwelling units per acre, subject to the following: a. VRM districts between 4.5 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 95 of 284 Article VI Section A [Reserved] [Reserved] FAIRHOPE ZONING ORDINANCE 66 d. Accessory dwelling units shall not count towards density requirements provided: (1) accessory dwelling units shall have a maximum floor area of 750 square feet; and (2) the owner of the lot shall be a resident of the primary dwelling unit or the accessory dwelling unit at all times. 3. Uses – Uses allowed in the VRM district are specified in Article III, Section B. A VRM district shall have at least three (3) different types of dwellings in Table 3-1: Use Table subject to the following: a. no more than 50% of the dwellings for the entire district may be of any one (1) type listed in the use table; b. no more than 70% of the dwellings for the entire district may be of any two (2) types listed in the use table; and c. at least 70% of the dwellings shall be within 1,980 feet of an intersection of two (2) arterial streets. This distance shall be measured along public right-of-way or a public trail or greenway. (See Fairhope Subdivision Regulations for location and standards for arterial streets.) d. Accessory dwelling units shall not count towards the requirements of this section. 4. Dimension Standards Table 5-1 : VRM Dimension Table Standard Use type See Article IV., Section C. for design Minimum Setback Maximum Lot Coverage or Structure Size St r e e t s i d e Estate 100’ with a minimum total lot       Civic School with a minimum total lot  Worship with a minimum lot size  Center with a minimum lot size  Service a. Single family attached may have one side of the structure with a 0’ setback to allow each unit in a structure to be a separate lot. b. Patio homes may have one side of the structure with a 0’ setback provided the other setback is at least 10’. Otherwise, the minimum side setback shall be 6’. c. Townhouses may have a 0’ side setback to allow each individual unit in a structure to be a separate lot. However, no more than 8 units may be in a single structure, and all structures shall be separated by at least 12’. d. Accessory structures on estate dwelling lots shall cover a maximum of 10% of the lot or be a maximum of 25% of the principle building footprint, whichever is less. e. Side yards along a public right-of-way shall have the same setback for the principal structure as the front setback, except that the required street side setback in all cases shall never be more than 20’. Page 96 of 284 Article VI Section A [Reserved] [Reserved] FAIRHOPE ZONING ORDINANCE 67 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 space: Refer to Article IV., Section A. for general open space design standards. The following additional open space standards apply in the VRM 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 category (natural and civic) of open space (3) At least 80% of the residential units should be within 1980 feet of one (1) or more types of open space. (4) Off-site open space may count towards the requirements of this section if it is publicly accessible. (5) Accessory 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. b. Streetscape: Refer to Article IV, Section C. for general streetscape design standards. The following additional streetscape standards apply in the VRM 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 feet from the building line of adjacent lots. See 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 types may be used on the same side of a single block. See Figure 6-1. (5) The preferred height to width ratio for the streetscape (height of buildings: distance between facades on opposite sides of street) should be between 1:2 and 1:4, except in the case of single-family dwellings on arterial streets where a larger setback may create an appropriate transition for single-family dwelling units on higher-order streets. See Figure 6-2 (6) This section shall not apply to estate dwelling units or civic uses. 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. 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. Page 97 of 284 Article VI Section A [Reserved] [Reserved] FAIRHOPE ZONING ORDINANCE 68 c. Site Access: Refer to Article IV., Section D. for general site access standards. The following additional site access standards apply in the VRM district: (1) Curb cuts on local streets shall be separated by a minimum 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 Figure 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 structure it is to serve, (3) On-street parking may be used towards required parking according to Article IV, Section E. (4) All off-street parking areas shall be located behind buildings, except for estate dwelling units and single-family detached dwelling units. (5) All off-street parking shall be screened from adjacent lots according to Article IV., Section E. Figure 6-2. This figure illustrates the ideal ratio of building heights that frame the streetscape to the total width of the streetscape area. Streetscapes closer to the 2:1 end of this range should be used as transitions near village centers. Figure 6-3. shall be used on all lots less than 60 feet wide. 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. Rear access lanes Shared driveways Page 98 of 284 Article VI Section A [Reserved] [Reserved] FAIRHOPE ZONING ORDINANCE 69 e. Building Design: The following building design standards apply in the VRM district: (1) All 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 (4) feet wide, or by a similar pedestrian connection. (3) Garages shall be subject to the following: (a) Detached garages may be located behind the rear building line subject to dimension standards for the district. (b) Front entry garages shall be set back a minimum of 20 feet from the front building line containing the primary entrance. See Figure 6-4. (c) 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 car front-entry garages shall require multiple single-entry doors. See Figure 6-5 f. Design Guidelines: The following design elements are recommended in the VRM district: (1) Roofs - Pitched roofs are preferred. Buildings with a flat roof should incorporate a parapet or decorative cornice line. (2) Scale – Buildings should not exceed a height to width ratio of 1 to 2 without a variation 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. (4) Entrances - All primary 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. (c) 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 structure. 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 structures 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. Figure 6-5. Only single entry doors are allowed if the garage is front loaded and facing the street. Figure 6-7. All openings should be vertically oriented to reflect a pedestrian scale but may be Window and door openings provide contrast to the main wall and should occupy between 15% to 30% of the facade. Figure 6-6. variations in wall planes. Figure 6-4. set back at least 20 feet from the front building line where the primary entry of the house is located. Page 99 of 284 Article VI Section B Village Districts NVC Neighborhood Village Center FAIRHOPE ZONING ORDINANCE 70 B. NVC – Neighborhood Village Center 1. 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; • provide 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; • promote a sustainable future, and encourage and develop connections between 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, cultural and recreational opportunities; 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 network with linkages to and between 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 between 60,000 and 180,000 square feet. Residential uses do not count toward in this total. c. Open requirements shall be as follows: (1) 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 III, 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 (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 structure 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. 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 NVC district are met. Page 100 of 284 Article VI Section B Village Districts NVC Neighborhood Village Center FAIRHOPE ZONING ORDINANCE 71 4. Dimension Standards Table 5-2: NVC Dimension Table Standard Use type See Article IV., Section C. regarding Minimum Setback Maximum Lot Coverage or Structure Size St r e e t s i d e Townhouse 24’ to 30’      0’a b 30’ 65% 300 s.f. 30% 80% 35’ Multiple-family / Apartment  Non-residential the Civic, Retail, Service, and Office specified  allowed a Townhouses may have a 0’ side setback to allow each individual unit in a structure to be a separate lot. However, no more than 8 units may be in a single structure, and all structures shall be separated by at least 12’. b Side setbacks along right-of-ways shall be the same as the front building line. c The only non-residential uses that permit a yard frontage in the NVC district are uses from the Civic category. 5. Site Design Standards – General site design standards contained in Article IV. apply to the NVC district in addition to the following specific site design standards. a. Open space: 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 courtyard(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 40% of the block and bordering a public right-of-way on at least two (2) sides are exempt from Section 5.a.(1) above. See Figure 6-8. (3) Blocks that border or contain a greenway connecting the non-residential center of the village to surrounding neighborhoods are exempt from Section 5.a.(1) and (2) above. See Figure 6-8. (4) 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. 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. Figure 6-7. block publicly accessible open space such as courtyards or plazas. Page 101 of 284 Article VI Section B Village Districts NVC Neighborhood Village Center FAIRHOPE ZONING ORDINANCE 72 b. Streetscape: Refer to Article IV., Section C. for general streetscape design standards. The following additional streetscape standards apply in the NVC 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 Figure 6-9. (3) No more than two (2) frontage types may be used on the same side of a single block. (4) The preferred streetscape width to building height ratio should be between 1:1 and 3:1. See Figure 6-10. (5) This section shall not apply to structures for Civic uses. c. Site Access: Site access shall be according to Article V. of the Fairhope Subdivision Regulations. d. Parking: Refer to Article IV., Section E. for general parking standards. The following additional parking standards apply in the NVC district: (1) All off-street parking shall be located behind 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 (4) foot wall or opaque landscape screen extended at the front building line. See Figure 6-11. (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 blocks. (4) Parking totals shall be based on the parking schedule in Article IV., Section E. for all uses proposed in the NVC district. Reductions in the required parking may be made from that cumulative total according to the standards of that section. Figure 6-10. This figure illustrates 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 only on Figure 6-9. connected by common walls should not differ in front setback by more than five (5) feet except for the purposes of forming a courtyard. Figure 6-11. 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. Page 102 of 284 Article VI Section B Village Districts NVC Neighborhood Village Center FAIRHOPE ZONING ORDINANCE 73 e. Building Design: The following building design standards apply in the NVC district: (1) All non-residential or mixed-use structures, 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 6-12. (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 transparent with glazing. See Figure 6-13. f. Design Guidelines: The following design elements are recommended in the NVC district: (1) Uses – The majority of ground level uses should be from the Retail category. 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 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 building mass could include an offset in the building height between 10% and 15%, or a setback in the facade between three (3) and six (6) feet. Any such variation should occur over at least 25% of the entire facade. See Figure 6-14. (4) Architectural Style – 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 style and materials should be consistent on all sides of a building. (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 calculating the block average. See Figure 6-15. Figure 6-12. Building facades shall occupy at least 75% of the lot frontage at the front building line. Figure 6-13. 80% transparency, and upper level facades between 25% and 60% transparency. Figure 6-14. building mass while still presenting a consistent streetscape. Figure 6-15. block should be small except that taller buildings may anchor corners of blocks. Page 103 of 284 Article VI Section B Village Districts NVC Neighborhood Village Center FAIRHOPE ZONING ORDINANCE 74 (6) Entrances – All primary entrances should be articulated by any of the following design elements: (a) a canopy or arcade; See Figure 6-16a. (b) an entrance projecting from the façade no more than three (3) feet; See Figure 6-16b. (c) an entrance recessed from the front façade between three (3) and five (5) feet; See Figure 6- 16c. (d) a combination of ornamental architectural molding and windows such as transom windows. See Figure 6-16a. (7) Openings – Window and door openings should be vertically oriented, however windows and 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 Figure 6-17. (8) Diversity – Buildings should present diverse but 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, and architectural details are encouraged to create diversity. c. Recessed Entry a. Canopy or Arcade Entry d. Ornamental Entry b. Projecting Entry Figure 6-17. Building entrances should occur at least every 50 feet. Figure 6-16 a-d. that help add variety and animation to buildings along the streetscape. Page 104 of 284 Article VI Section C Village Districts CVC Community Village Center FAIRHOPE ZONING ORDINANCE 75 C. CVC – Community Village Center 1. Intent – The special standards listed in this section for the Community Village Center district are intended to: • provide general merchandise and convenience destinations for residents within a two to three-plus mile service radius; • to provide services and merchandise that complement the central business district; • provide compact, walkable centers for neighborhoods; • provide 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; • promote a sustainable future, and encourage and develop connections between 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, cultural and recreational opportunities; 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 network with linkages to and between residential and commercial areas. 2. Locations and Size a. A newly established CVC district shall be between 10 and 40 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 40 acres. b. The CVC district shall have an overall non-residential floor area between 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 10% 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 15% 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 two arterial streets capable of handling heavy traffic, and on blocks within 800 feet of the intersection of two arterial streets that are 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 structure or the tenant operating the non-residential use in the principal structure. (2) Dwelling units as a principal use or in a mixed-use structure 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 are met. 4. Dimension Standards – The dimension standards for the CVC district are the same as the NVC – see Table 5-2 in Section B.4. Page 105 of 284 Article VI Section C Village Districts CVC Community Village Center FAIRHOPE ZONING ORDINANCE 76 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. a. Open space: Refer to Article IV., Section A. for general open space design standards. The following additional open space standards apply in the CVC district: (1) Each block shall contain a courtyard(s) or plaza(s) covering at least 5% of the block, bordering a public right-of-way on its longest side. See Figure 6-18. (2) Blocks that border on a block with a green, plaza, or small park covering at least 40% of the block and bordering a public right-of-way on at least two (2) sides are exempt from Section 5.a.(1) above. See Figure 6-19. (3) Blocks that border or contain a greenway connecting the non-residential center of the village to surrounding neighborhoods are exempt from Section 5.a.(1) and (2) above. See Figure 6-19. (4) The overall area of open space shall meet the requirements of Section C.2.b. above and be designed according to the guidelines of Article IV., Section A. b. Streetscape: Refer to Article IV., Section C. for general streetscape 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 Figure 6-20. (3) No more than two (2) frontage types may be used on the same side of a single block. (4) The preferred streetscape width to building height ratio should be between 1:1 and 3:1. See Figure 6-21. (5) This section shall not apply to structures for Civic uses. 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 trail or greenway system are not required to provide 5% of the block as publicly accessible open Figure 6-18. Figure 6-20. connected by common walls, should not differ in front setback by more than 5 feet except for the purposes of forming a courtyard. Figure 6-21. width of the streetscape area. Streetscapes closer to the 1:1 end of this range should be used only on Page 106 of 284 Article VI Section C Village Districts CVC Community Village Center FAIRHOPE ZONING ORDINANCE 77 c. Site Access: Site access shall be according to Article V. of the Fairhope Subdivision Regulations d. Parking: Refer to Article IV., Section E. for general parking standards. The following additional parking standards apply in the CVC district: (1) All off-street parking shall be located behind 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 2 ½) to four (4) 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 45% of the area dedicated to off-street parking. (3) No parking lots shall be located on the corner of blocks. (4) Parking totals shall be based on the parking schedule in Article IV, Section E, for all uses proposed in the CVC district. Reductions in the required parking may be made from that cumulative total according to the standards of that section. e. Building Design: The following building design standards apply in the CVC district: (1) All non-residential or mixed-use structures, 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 primary 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. (4) Between 50% and 80% of ground level, street- facing facades of non-residential buildings shall be transparent with glazing. See Figure 6-24. (5) Between 25% to 60% of all street-facing facades and upper floor front facades shall be transparent with glazing. See Figure 6-24. f. Design Guidelines: The following design elements are recommended in the CVC district: (1) Uses – The majority of ground level uses should be from the Retail category. 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 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. Figure 6-23. 75% of the lot frontage at the front building line. Figure 6-24. 80% transparency, and upper level facades between 25% and 60% transparency. Page 107 of 284 Article VI Section C Village Districts CVC Community Village Center FAIRHOPE ZONING ORDINANCE 78 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 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. (4) Architectural Style – 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 style and materials should be consistent on all sides of a building. (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 calculating the block average. See Figure 6-26. (6) Entrances – All primary entrances should be articulated by any of the following design elements: (a) a canopy or arcade; See Figure 6-27a. (b) an entrance projecting from the façade no more than three (3) feet; See Figure 6-27b. (c) an entrance recessed from the front façade between three (3) and five (5) feet; See Figure 6-27c. (d) a combination of ornamental architectural molding and windows such as transom windows. See Figure 6-27da. (7) Openings – Window and door openings should be vertically oriented, however 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 frontages. (8) Diversity - Buildings should present diverse but 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, and architectural details are encouraged to create diversity. Figure 6-25. Long building facades should use variations in building mass while still presenting a consistent streetscape. Figure 6-26. block should be small except that taller buildings may anchor corners of blocks. Figure 6-27 a-d. treatments that help add variety and animation to buildings along the streetscape. Page 108 of 284 Article VI Section D Village Districts Village Zoning Special Review Procedures FAIRHOPE ZONING ORDINANCE 79 D. Village Zoning Special Review Procedures 1. Intent The Village Zoning Special Review Procedures offer an incentive of expedited and consolidated review. These special review procedures are intended to provide some 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 occurred: (1) Open meetings with nearby property owners and any other interested parties to discuss the design and development of the project; or (2) A public design charrette 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 preferred 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; c. All property contained within the approved Village Zoning Districts shall be accompanied by a regulating plan, development plan or other conceptual representation of site development which considers development of the village as an integrated site and subjects all future phases of development to compliance with the regulating plan, development plan, or conceptual 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. Application: An application for a zoning amendment shall be submitted on the application form provided by the Director of Planning and Zoning. The applicant must request in writing that the application be reviewed through the expedited review process. Applications can be submitted 20 days prior to the Planning Commission meeting, instead of according to the 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 necessary steps to cure the incomplete application. 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. c. Notice – (1) Notice of Planning Commission Hearing (a) Published Notice – Notice shall be published once, at least 15 days 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; Page 109 of 284 Article VI Section D Village Districts Village Zoning Special Review Procedures FAIRHOPE ZONING ORDINANCE 80 (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 involves 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 any specific property, 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 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 (2) notices shall occur in a newspaper of general circulation in the City, or where no such paper exists, in four (4) 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 be 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 with applicable law relating to notice. To the existent 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.1.c. 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: (1) 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 before the Planning Commission shall pass it along to the 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, 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 Page 110 of 284 Article VI Section D Village Districts Village Zoning Special Review Procedures FAIRHOPE ZONING ORDINANCE 81 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; (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 consideration by the Planning Commission and City Council. A request to withdraw an application shall be made in writing to the Planning and Zoning Department (Planning and Zoning Director). g. Modifications: Modifications in substantial conformance 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 actual 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 conditions 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. Page 111 of 284 Article VII Section A Non-conformities Purpose and Intent FAIRHOPE ZONING ORDINANCE 82 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 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 conformance 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 parts 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: Page 112 of 284 Article VII Section D. Non-conformities Non-conforming Lots FAIRHOPE ZONING ORDINANCE 83 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-1 and M-2 Industrial Districts. A single detached single-family dwelling may be constructed on a non-conforming lot in an R-1, 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. Page 113 of 284 Article VIII Section A Enforcement Penalties FAIRHOPE ZONING ORDINANCE 84 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 ($25.00) nor more than two hundred fifty dollars ($250.00) 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 Code 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. Page 114 of 284 Article IX Section A Definitions and Interpretation Interpretation FAIRHOPE ZONING ORDINANCE 85 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 category 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 Dwelling– a detached Bbuilding 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. Page 115 of 284 Article IX Section B Definitions and Interpretation Description of Uses FAIRHOPE ZONING ORDINANCE 86 d. [Reserve]Townhouse Complex – a group of attached dwelling units meeting the townhouse definition, except that they are on a single lot. e. Patio/Garden Home – 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. Multiple-Family/Apartment – a building or buildings with three or more Dwelling Units dwelling 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 units has a common wall or floor with more than two other Dwelling Units units. g. Manufactured Home – 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. Manufactured Home 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. Manufactured Home Space – a plot of ground within a manufactured home development designed for the accommodation of one manufactured home. j. Mixed Use Building– a building designed for one or more other uses in addition to one or more Dwelling Units dwelling units that are not accessory to any of the other uses. k. Accessory Dwelling Unit – a Dwelling Unit dwelling unit that is associated with and incidental to a principal use, and is on the same lot as the principle principal use. l. Estate Dwelling – a single-family dwelling unit located on a lot within a block that meets the standards of the Fairhope Subdivision Regulations, and the lot is at least ¼ of the area of that block or ¾ of an acre, whichever 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 run 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. Secondary 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 Worship – 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. Page 116 of 284 Article IX Section B Definitions and Interpretation Description of Uses FAIRHOPE ZONING ORDINANCE 87 g. Hospital – 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. Page 117 of 284 Article IX Section B Definitions and Interpretation Description of Uses FAIRHOPE ZONING ORDINANCE 88 e. Automobile Service Station – any building or 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 Sales 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 Nursing 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 per day. b. Clinic – a place used for the care, diagnosis and treatment of ailing, infirm, or injured persons, and those who are 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. Mortuary or Funeral Home – 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 and/or 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. Automobile 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 Cleaner/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 Breakfast or Tourist Home – a business where lodging and/or meals are provided incidental to a principle principal single-family dwelling, where no cooking or dining facilities are provided in individual rooms, and where the owner resides on the premises. Page 118 of 284 Article IX Section B Definitions and Interpretation Description of Uses FAIRHOPE ZONING ORDINANCE 89 l. 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 Dormitory – 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. Page 119 of 284 Article IX Section B Definitions and Interpretation Description of Uses FAIRHOPE ZONING ORDINANCE 90 c. General – 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. Heavy – 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. Agriculture – 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 Nursery – 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 Market – 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. Accessory Use – a use that is customarily incidental to the principal use, is typically maintained and operated as part of the principle principal use, is subordinate to the principle principal use, and is located on the same lot as the principle principal use. b. Airport – 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 Dwelling – 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. Page 120 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 91 C. Defined Terms Accessory 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. Artificial 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-filter: 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 natural elevation of the lot to the mean point of the roof of the building. 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. Page 121 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 92 Building, Principal: 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 and/or 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 Vehicle: Any vehicle designed and used for transportation of people, goods, or things, other than private passenger vehicles. Commission: The Fairhope Planning Commission. Comprehensive Plan: 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. Density, Gross: the number of Dwelling Units per acre of the total land to be developed. Gross Density is measured by dividing the total land area by the number of Dwelling Units. Density, Net: the number of Dwelling Units per acre of land when the acreage involved 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. District: A section of the area zoned, within which the zoning regulations are uniform. Driveway Access Lane: The principal means of vehicular ingress and egress from the right-of-way to a lot. Page 122 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 93 Driveway Aisle: A vehicular circulation lane internal to a site exclusive of the ingress and egress from the right-of- way. Dry 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 dwelling 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. Floodway: 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. 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. Page 123 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 94 General Personal Services: 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 service that is more specifically described is excluded from this use. Gross Floor Area: The sum of the gross horizontal areas of all floors of a Building, including interior balconies and mezzanines, and any exterior open porches or galleries which serve as an extension of those activities conducted within the enclosed Structure; all horizontal dimensions shall be measured between the exterior faces of walls or columns, including the walls or railings of Porches and Decks. The gross floor area of a Building shall include the floor area of accessory Buildings on the same lot, measured the same way. Structures, Porches, and Decks intended for occupancy, whether temporary or permanent, within a Rooftop Terrace shall be included in the Gross Floor Area. Ground Cover: 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. Homeowners Association or Association: 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, Corner: A lot abutting upon two (2) or more streets at their intersection or upon two (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, Double Frontage or Through: A lot or plot, but not corner lot that abut upon two streets, the two frontages being noncontiguous. Lot, Interior: 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-of-way lines. Lot Width: 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 line, 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 and/or description of which has been recorded according to Alabama law. 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. Page 124 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 95 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. Pawn 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. Plat: 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. Regulatory 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). Regulatory Flood Protection, Elevation: The elevation of the regulatory flood plus one (1) foot of freeboard to provide a safety factor. Page 125 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 96 Right-of-Way: 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. Rooftop 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, Public or Community: 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-1, R-2 and R-3. Short-term Rentals shall only be allowed in the R-4, R-5, B-1, 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 from 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, A-Frame: 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, Construction: Any sign listing principal contractors, architects and any establishments for the construction site where the sign is placed. Sign, Copy: 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-faced: 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. Sign Face: The area of a sign including the entire surface on which the copy is placed. Page 126 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 97 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, Surface 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, Temporary: A sign or advertising display intended to be displayed for a limited period of time, generally no longer than a month. Sign, Window: 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. Story: 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. Page 127 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 98 Street: That portion of the right-of-way paved for vehicular traffic, parking, or the shared use of bicycles. Structure: 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. Use or Principal Use: The specific purposes for which land or a building is designated, arranged, intended or for which it is occupied. Upper Story Dwelling: A Dwelling Unit intended for a single-family in Mixed Used Buildings in which no less than 90% of the first floor is occupied by Commercial Uses. Variances: 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. Vegetated Swale: A shallow, open-channel stabilized with grass or other herbaceous vegetation designed to filter pollutants and convey 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. Vehicular Use Area: 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. Visual 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. Waterfront 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. Yard, 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. Yard, 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. Yard, 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. d. Yard, 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. Page 128 of 284 Article IX Section C. Definitions and Interpretation Defined Terms FAIRHOPE ZONING ORDINANCE 99 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. Page 129 of 284 Appendix A Applications and Submittal Requirements FAIRHOPE ZONING ORDINANCE A-1 Appendix A Applications and Submittal Requirements [Insert copies of all application forms and submittal requirements] Page 130 of 284 Appendix B Map Amendment Ordinances FAIRHOPE ZONING ORDINANCE B-1 Appendix B Map Amendment Ordinances Page 131 of 284 Appendix C Text Amendment Ordinances FAIRHOPE ZONING ORDINANCE C-1 Appendix C Text Amendment Ordinances Non-Chartered Financial Institutions, Palm Readers, Pawn Shops, Page 132 of 284 Appendix C Text Amendment Ordinances FAIRHOPE ZONING ORDINANCE C-2 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 nd Page 133 of 284 City of Fairhope City Council February 19, 2026 Zoning Ordinance Amendments Case: ZC 25.07 Prepared by: Hunter Simmons Page 134 of 284 Background: These amendments are proposed in response to Comprehensive Plan input, conversations with City Council and Planning Commission, Staff evaluation, and consultation with Legal Counsel. Future Plans: There will be more amendments proposed in the coming month(s)/year(s). Current Zoning Ordinance and Subdivision Regulations, along with other City regulations, have only had piecemeal edits over the last 20 years. Planning Staff has requested a budget item to begin an all-inclusive review and overhaul of current policy, to more efficiently guide the City’s long-range growth. February 2026 Update: Amendments were proposed to the Planning Commission in September 2025 and to the City Council in October 2025. Staff was asked to revisit some of the proposed amendments and bring back revisions to the City Council. The following pages summarize changes to the amendments since they were heard during the October and November meetings. Summary Page 135 of 284 October VS February: Details of each change are included on the following pages. 1.Changes to Site Plan Review requirements (No Changes) 2.Impervious Surface Maximum added to Residential (No Changes) 3.Recreational Zoning Districts (No Changes) 4.Townhouses (No Changes) 5.Multi-Family/Apartments (No Changes) 6.Mixed-Use Buildings (Increased density and floor area ratio in the CBD) 7.Planned Unit Developments (PUD’s) (No Changes) 8.Village Districts (No Changes) 9.Use Table (Exception for existing single-family and two-family) 10.General Maintenance and Definitions (Revised Gross Floor Area definition; changes to definition of building height removed entirely) Page 136 of 284 Previous Revised Article III, Section D.14.c (Page 34) Commentary The amendments proposed in October limited the number of residential units that can be included in a mixed-use building based on the size of the lot. The average ‘density’ of current mixed- use buildings in the CBD was close to 7,000 sf per Dwelling Unit, which was originally proposed. After receiving several concerns, we re-evaluated the impact that would have on several properties in the CBD. A quarter-acre lot seems to be common in the CBD. Three dwelling units on a quarter acre seemed to be acceptable by those Council and Commissioners poled. This would result in 12 Units Per Acre, in addition to the commercial uses included within a mixed-use building. Page 137 of 284 Previous Revised Article III, Section D.14.c (Page 34) Commentary The amendments proposed in October provided for a Floor Area Ratio (FAR) of 200 percent. The FAR for mixed-use buildings is increased to 225 percent in the newly proposed amendments. As a reminder, Floor Area Ratio is the ratio of the Gross Floor Area of a building compared to the gross area of a lot. Page 138 of 284 Previous Revised Article III, Section D.14.c (Page 34) Commentary Other than the simple clarification of building height in the CBD, all proposed amendments that would affect building height were removed from these amendments. Staff is working with Planning Commissioners on new amendments for building height that will likely be on the March Planning Commission agenda for discussion. Page 139 of 284 Previous Revised Article III, Section D.14.c (Page 34) Commentary Gross Floor Area (GFA) is generally a common definition used in many zoning ordinances. Because the Rooftop Terrace section of the Fairhope Zoning Ordinance is unique to Fairhope, we added clarification to the GFA definition regarding the portion of a Rooftop Terrace that would be calculated in the Floor Area Ratio. Page 140 of 284 Table 3-2: Use Table Removed residential uses in Commercial Districts. Commentary Several citizens were concerned that their existing single-family and two-family homes would be classified as a non-conforming use under this proposal. While this is true, from the onset we discussed the need to have separate lodging related regulations when homes within these zoning districts are converted to short-term rentals. Amendments that would affect lodging use are not part of these amendments. We intend to resolve this in a future amendment so that existing homes are not affected by these changes. In the interim, within the proposed Ordinance, we added the language on the left so that these amendments do not affect any existing single-family or two-family use until January 1, 2027. Page 141 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-557 FROM: Jennifer Olmstead, Revenue Manager Kim Creech, CITY TREASURER Sherry Sullivan, Mayor SUBJECT: An Ordinance to amend Ordinance No. 1233 known as the City of Fairhope Business License Code, Chapter 8, Section 22. License Classifications. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: That the City Council adopts An Ordinance to amend Ordinance No. 1233 known as the City of Fairhope Business License Code, Chapter 8, Section 22. License Classifications. BACKGROUND INFORMATION: The Code of Ordinance, City of Fairhope, Alabama, Section 22 is hereby amended to reflect the addition or update of the following NAICS codes with fee schedule. CODE NAICS TITLE; SUGGESTED LICENSE GROUPING SCHEDULE 531210 Office of Real Estate Brokers and Agents A 531311 Residential Property Managers A 531312 Nonresidential Property Managers A 531320 Offices of Real Estate Appraisers A 531390 Other Activities related to Real Estate A 621111 Offices of Physicians (except Mental Health Specialists) A 621112 Offices of Physicians, Mental Health Specialists A 621210 Offices of Dentists A 621330 Offices of Mental Health Practitioners (except Physicians) A 621340 Offices of Physical, Occupational and Speech Therapists and Audiologists A 621391 Offices of Podiatrists A 621399 Offices of All Other Miscellaneous Health Practitioners A Page 142 of 284 621420 Outpatient Mental Health and Substance Abuse Centers C 621492 Kidney Dialysis Centers C 621493 Freestanding Ambulatory Surgical and Emergency Centers C 621498 All other Outpatient Care Centers C 621511 Medical Laboratories C 621512 Diagnostic Imaging Centers C 621610 Home Health Care Services C 621910 Ambulance Services D 621991 Blood and Organ Banks C 621999 All other Miscellaneous Ambulatory Health Care Services D 622110 General Medical and Surgical Hospitals W 622210 Psychiatric and Substance Abuse Hospitals W 622310 Specialty (except Psychiatric and Substance Abuse) Hospitals W 623110 Nursing Care Facilities (Skilled Nursing Facilities) W 623210 Residential Intellectual and Developmental Disability Facilities W 623220 Residential Mental Health and Substance Abuse Facilities W 623311 Continuing Care Retirement Communities C 623312 Assisted Living Facilities for the Elderly C 623990 Other Residential Care Facilities C 624110 Child and Youth Services E 624120 Services for the Elderly and Persons with Disabilities E 624190 Other Individual and Family Services E 624210 Community Food Services E 624221 Temporary Shelters E 624229 Other Community Housing Services E 624230 Emergency and Other Relief Services E 624310 Vocational Rehabilitation Services E 624410 Child Care Services E The Code of Ordinance, City of Fairhope, Alabama Section 22 is hereby amended to reflect the deletion of the following NAICS codes and fee schedule. CODE NAICS TITLE; SUGGESTED LICENSE GROUPING SCHEDULE 621200 Dentist - individual and/or firm professional license A Page 143 of 284 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 144 of 284 ORDINANCE NO. _____ AN ORDINANCE TO AMEND ORDINANCE NO. 1233, KNOWN AS THE BUSINESS LICENSE CODE OF THE CITY OF FAIRHOPE SCHEDULE OF LICENSES AND FEES BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: AMENDING CHAPTER 8 Section 22. License classifications. By amending/adding the following: The Code of Ordinance, City of Fairhope, Alabama, Section 22 is hereby amended to reflect the addition or update of the following NAICS codes with fee schedule. CODE NAICS TITLE; SUGGESTED LICENSE GROUPING SCHEDULE 531210 Office of Real Estate Brokers and Agents A 531311 Residential Property Managers A 531312 Nonresidential Property Managers A 531320 Offices of Real Estate Appraisers A 531390 Other Activities related to Real Estate A 621111 Offices of Physicians (except Mental Health Specialists) A 621112 Offices of Physicians, Mental Health Specialists A 621210 Offices of Dentists A 621330 Offices of Mental Health Practitioners (except Physicians) A 621340 Offices of Physical, Occupational and Speech Therapists and Audiologists A 621391 Offices of Podiatrists A 621399 Offices of All Other Miscellaneous Health Practitioners A 621420 Outpatient Mental Health and Substance Abuse Centers C 621492 Kidney Dialysis Centers C 621493 Freestanding Ambulatory Surgical and Emergency Centers C 621498 All other Outpatient Care Centers C 621511 Medical Laboratories C 621512 Diagnostic Imaging Centers C 621610 Home Health Care Services C 621910 Ambulance Services D 621991 Blood and Organ Banks C 621999 All other Miscellaneous Ambulatory Health Care Services D 622110 General Medical and Surgical Hospitals W 622210 Psychiatric and Substance Abuse Hospitals W 622310 Specialty (except Psychiatric and Substance Abuse) Hospitals W 623110 Nursing Care Facilities (Skilled Nursing Facilities) W Page 145 of 284 Ordinance No. ____ Page -2- CODE NAICS TITLE; SUGGESTED LICENSE GROUPING SCHEDULE 623210 Residential Intellectual and Developmental Disability Facilities W 623220 Residential Mental Health and Substance Abuse Facilities W 623311 Continuing Care Retirement Communities C 623312 Assisted Living Facilities for the Elderly C 623990 Other Residential Care Facilities C 624110 Child and Youth Services E 624120 Services for the Elderly and Persons with Disabilities E 624190 Other Individual and Family Services E 624210 Community Food Services E 624221 Temporary Shelters E 624229 Other Community Housing Services E 624230 Emergency and Other Relief Services E 624310 Vocational Rehabilitation Services E 624410 Child Care Services E The Code of Ordinance, City of Fairhope, Alabama Section 22 is hereby amended to reflect the deletion of the following NAICS codes and fee schedule. CODE NAICS TITLE; SUGGESTED LICENSE GROUPING SCHEDULE 621200 Dentist - individual and/or firm professional license A The Balance of Chapter 8 – Article 1. – Business License Code, Taxes and Regulations, (Sections 8-1 through 8-29) remains as written and codified in the City of Fairhope Code of Ordinances. 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 immediately upon its due adoption and publication as required by law. ADOPTED AND APPROVED THIS 19TH DAY OF FEBRUARY, 2026 _______________________________ James Reid Conyers, Jr. Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 19TH DAY OF FEBRUARY, 2026 _______________________________ Sherry Sullivan, Mayor Page 146 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-532 FROM: Lisa Hanks, CITY CLERK SUBJECT: An Ordinance to amend Ordinance No. 1666: the Bylaws of the Fairhope Public Schools Commission; specifically Section 2-113: Meetings, (a) The location will be posted by the City Clerk seven days prior to meeting date. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 147 of 284 ORDINANCE NO. _____ AN ORDINANCE TO AMEND ORDINANCE NO. 1666 THE BYLAWS OF THE FAIRHOPE PUBLIC SCHOOLS COMMISSION BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The Code of Ordinances, City of Fairhope, Alabama, Ordinance No. 1666, Chapter 2, Article III, Boards and Committees; Division 4. Public Schools Commission; Section 2-113 (a): Meetings is hereby amended to reflect the following changes and additions: Section 2-113. - Meetings. (a) The commission shall meet on the first Wednesday of each month at 4:30 p.m. The location will be posted by the City Clerk seven days prior to the meeting date. All meetings shall be open to the public. (b) Special meetings may be called by the chairperson or any five (5) members with seven (7) days written notice. (c) Notice of each meeting shall be given to each member by email or text message not less than five (5) days before the meeting. 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 upon its due adoption and publication as required by law. ADOPTED AND APPROVED THIS 19TH DAY OF FEBRUARY, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 19TH DAY OF FEBRUARY, 2026 ______________________________ Sherry Sullivan, Mayor Page 148 of 284 Page 149 of 284 Ordinance No. 1666 Page -2-ARTICLE III -MEETINGSSection 1. The Commission shall meet on the first Wednesday of each month at 4:30 p.m. in the Fairhope Public Library. All meetings shall be open to the public.Section 2. Special meetings may be called by the Chairperson or any five (5) members with seven (7) days written notice. Section 3. Notice of each meeting shall be given to each member by email or text message not less than five (5) days before the meeting. ARTICLE IV -RULES OF PROCEDURE Section 1. A quorum of five ( 5) members shall be required in order to conduct business, make and pass motions. Section 2. The Chairperson shall set the agenda, convene and preside over regular and special meetings. The Vice Chair shall preside over meetings in the Chairperson's absence and preside over special committees that may be designated from time to time. The Secretary shall preside over meetings in the absence of both the Chairperson and the Vice Chair, record the minutes of each meeting and distribute to each member prior to or at the next meeting and send out meeting notices and announcements. ARTICLE V -AMENDMENTS Section 1. These bylaws may be amended by a two-thirds majority of the members. Proposed amendments must be submitted to the Secretary and included in regular Commission announcements. 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 upon its due adoption and publication as required by law. ADOPTED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2019 ATTEST: City Clerk Page 150 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026- FROM: Fairhope Historic Preservation Commission SUBJECT: An Ordinance to Establish the Fairhope Demolition Review Procedure for Historically Significant Buildings. AGENDA DATE: February 9, 2026 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: Establish the Fairhope Demolition Review Procedure for Historically Significant Buildings. 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 151 of 284 ORDINANCE NO. _____ FAIRHOPE DEMOLITION REVIEW PROCEDURE FOR HISTORICALLY SIGNIFICANT BUILDINGS WHEREAS, the unique history of the City of Fairhope has led to the creation of many buildings that are historically significant to the City of Fairhope, the State of Alabama, and nationally; and WHEREAS, as provided in this Ordinance, the City and the Historic Preservation Commission seek to assist and educate the owners of historically significant buildings regarding potential opportunities available to save or rehabilitate structures that are historically significant; and WHEREAS, the adoption of the regulations, procedures, and requirements in this Ordinance will further the goal of education of property owners about possible financial incentives available from local, State, Federal, and private funding resources and tax credit opportunities that may assist the property owner in attempting to save or rehabilitate a historically significant building prior to the issuance of a demolition permit. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: I. Title This Ordinance shall be known as the Demolition Review Procedure For Historically Significant Buildings Ordinance. II. Purpose This Demolition Review Procedure provides an opportunity for the City to identify historically significant buildings proposed for demolition for the purpose of educating the property owner about possible alternatives. While preservation of historical structures is a goal, preservation is not required by this Ordinance. The Demolition Review Procedure will allow the City sufficient opportunity to document the historical structure and provide the Historic Preservation Commission with the opportunity to explore with property owners of historically significant buildings alternative solutions to demolition, such as renovation or relocation, with available financial incentives. III. Definitions Applicant: means any person or entity that owns property within the corporate limits of the City of Fairhope that applies for a demolition permit or other type of building permit for a Historically Significant Building. Application: means the process by which an Applicant submits a request for a demolition permit or other type of building permit for a Historically Significant Building. Building: means, as defined by the International Building Code, "any structure used or intended for supporting or sheltering any use or occupancy." Building Department: means the permitting authority for the City of Fairhope. City Building Official: means the Building Official of the City, or his or her designee. City: means the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama. Commission: means the City of Fairhope Historic Preservation Commission, created pursuant to Ordinance No. 1797. Page 152 of 284 Ordinance No. _____ Page -2- Demolition: means the act of pulling down, destroying, disassembling, removing, or razing a Building or part of a Building or commencing any such action. Historically Significant Buildings: Historically Significant Buildings are those Buildings identified by (1) any of the City of Fairhope’s current and future historic surveys, (2) the Baldwin County Commission’s Banner and Shield program, (3) the Alabama Historic Commission’s Preservation Map, (4) the National Park Service (NPS) listings, or (5) the Fairhope Single Tax Corporation online archive. The Building Department shall post links to these sources on the City website. IV. Application Requirements The Demolition of any Building in the City requires an Application submitted to the Building Department. The Application must include the following information: (a) Photographs of the property and neighboring properties (all photographs must be keyed to a map); (b) A map showing the property (maps are available on the Revenue Commissioner's website); (c) An official or unofficial plot plan; and (d) Historical status of the property, including whether or not the Building is a Historically Significant Building. V. Procedures Within five (5) business days of receiving a completed Application, the Building Department shall: (a) Determine whether the building is a Historically Significant Building. If so, the Application will be forwarded immediately to the Commission, and the property owner will be notified of the requirement to meet with Commissioners. (b) If the Application was received ten (10) or more business days prior to the next Commission meeting, then the Application will be considered at that meeting. If the Application is made less than ten (10) business days prior to the next Commission meeting, then the Applicant will be scheduled to meet at the next scheduled Commission meeting. The meeting will include a review of the request, a discussion of the history of the City, community, neighborhood, and Historically Significant Building, and a discussion of preservation incentives and demolition alternatives. At least one of the Applicant property owners must attend the Commission meeting; or, if the property owner is unable to attend during scheduled Commission meeting times within forty-five (45) days (two meetings of the Commission), then a virtual (online) meeting shall be scheduled with the owner and two Commissioners. If the property owner fails to attend the meeting, the Application is denied. (c) After the meeting with the property owner, the Commission will notify the Building Department within five (5) business days that the Applicant has completed the Ordinance requirements. Upon notification by the Commission, the Building Department shall be authorized to issue the permit after fifteen (15) calendar days, provided all other requirements are met. VI. Demolition (a) Prior to Demolition, a representative of the Commission shall photographically document the exterior of the Building. The Commission shall also encourage the Applicant to salvage and repurpose significant architectural features or materials and/or make them available to the community. Page 153 of 284 Ordinance No. _____ Page -3- (b) After Demolition, the Commission will update Fairhope’s local historic surveys as necessary. (c) Nothing in this Ordinance shall be construed to prevent or limit immediate Demolition as authorized and in the discretion of the Building Official when the Building constitutes a public nuisance and/or a public safety hazard that is a danger to the health, safety, and general welfare of the community. VII. Enforcement It shall be unlawful to violate any provision(s) of this Ordinance. The City of Fairhope may issue Stop Work Orders, Municipal Offense Tickets and Notice of Violations, as well as suspend construction and building inspections for Violations of the terms of the permit or for violation of this Ordinance. VIII. Permit Fees The Permit Fee for demolition of a Historically Significant Building shall be assessed in accordance with Ordinance 1804 (Schedule of Fees for Construction and Building Permits). IX. 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. X. Effective Date. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr., Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 _________________________________ Sherry Sullivan, Mayor Page 154 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-560 FROM: Hunter Simmons, PLANNING DIRECTOR Lisa Hanks, CITY CLERK SUBJECT: An Ordinance to annex the property of Heath Clayton Pitman, Mary Emma Pitman, and Fairhope Single Tax Corporation located at 9338 Gayfer Road Extension, Fairhope Alabama. Tax Parcel No. 46-05- 15-0-000-003.547.001. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: That the City Councill adopts an Ordinance to annex the property of Heath Clayton Pitman, Mary Emma Pitman, and Fairhope Single Tax Corporation located at 9338 Gayfer Road Extension, Fairhope Alabama. Tax Parcel No. 46-05-15-0-000- 003.547.001 BACKGROUND INFORMATION: The property owner wants to build a house and needs water. City Ordinances require annexation for new water customers. The property is approximately 1.75 acres. The current intent is to build one single-family home. This case does not have a separate zoning case. It is a straight annexation request to the default R-1 zoning. Planning does not foresee any conflicts and supports the annexation as R-1. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 155 of 284 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 156 of 284 ORDINANCE NO. _____ WHEREAS, HEATH CLAYTON PITMAN, MARY EMMA PITMAN, AND FAIRHOPE SINGLE TAX CORPORATION, the owners of the hereinafter described property, did, in writing, petition the City of Fairhope, a municipal corporation, for annexation under Section 11- 42-21 of the Code of Alabama, 1975, as amended; and WHEREAS, a map of said property is attached to said Petition as an exhibit; NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the following described property, lying contiguous to the corporate limits of the City of Fairhope, Alabama; and not within the corporate limits or the police jurisdiction of any other municipality; be and the same is hereby annexed to the City of Fairhope, Alabama, to-wit: Property is located at 9338 Gayfer Road Extension, Fairhope, Alabama. LEGAL DESCRIPTION: TAX PARCEL 46-05-15-0-000-003.547.001 Commence at a railroad spike marker at the Northwest corner of Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama, and run thence East, along the North line of said Section 15, a distance of 1,555.10 feet, to a point on the center line of Gayfer Avenue Extension, for the POINT OF BEGINNING: thence continue East, a distance of 201.58 feet; thence run South 00°04’58” West, a distance of 403.63 feet to an iron pin; thence run South 89°09’09” West, a distance of 202.55 feet to a point; thence run North 00°09’00” East, a distance of 406.63 feet to the Point of Beginning. Subject to a right -of-way Easement over and across the North 30 feet thereof in use as part of Gayfer Avenue Extension (County Highway No. 30). Parcel contains 1.88 ± acres (right-of-way included). Lands of the Fairhope Single Tax Corporation lying in Section 15, Township 6 South, Range 2 East, Baldwin County, Alabama. Split from 46-05-15-0-000-003.547 This property shall be zoned R-1, Low Density Single-Family Residential District. BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin County, Alabama. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 19th day of February, 2026 _____________________________ James Reid Conyers, Jr. Council President Attest: By: ___________________________ Lisa A. Hanks. MMC City Clerk Adopted and approved this 19th day of February, 2026 _____________________________ Sherry Sullivan, Mayor Page 157 of 284 ST A TE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE P.O. DRAW E R 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( We, the undersigned PETITIO ER(S), owner(s) of the lands in fee simple described in the attached EXHIBIT A , such property being without the Corporate Limits of the City of Fairhope, Alabama, but being contiguous to the said Corporate Limits; and such property not lying within the corporate limits or po lice jurisdiction of a ny other municipality, do , by these prese nt s, hereby petition the City of Fairhope , a municipal corporation , that sa id property be annexed into the City of Fairhope, Alabama. The subject land is delin eated on the map attached hereto as EXHIBIT B that will be prepared by the City of Fairhope to ver ify property is contig uous. This petition is filed und er authority of Section I 1-42-21 , Co de of Alabama, 1975 , as a mend ed. ft This petition is for R-1 Zoning D The condition of the Petition is that zo nin g be established as _______ _ Concurrent with A nnexation. (Zoning R equest) Is this property colon y property ___ Yes ___ o. If this property is colony property, the Fairhope Single Tax Office mu st s ig n as a petitioner . sH ~::::::::::;;;;;;:::::::-~ iATl-1 e---P :rrn At/ 1gnature o et1t1oner Prmt petitioner 's name e of Petitioner Print pettioner's name :tW:-- Signa ture of Petitioner C\\W p·ct:[V'4V\l20 b~,,~~ Print petitioner's name c1F ~TC... Physical Address of property being annexed: '13 3 '3 e1 A Y != E /Z, /2.,j) E,X T 1 P etit ion er's Curre nt Physical Address: Petitioner 's Current Mailing Address: ct J J. o fi A YF f t 1< o ~ )( r.. q 3w t.:,,, .. :-tfU A ✓f1L---.- ,-C~lk:, \A.L ~&S;,L q£ie~~, k\L 3(/$~2----- Tetephone Nurnber(s): Z,-Sl,. ~k -¼1& (?L1 Horne Work Tax Parcel ID umber: ___________ Size of Property: I, efS A~":=> 0";)-4-ep-a:; ... ~--s -O-OOO"()D~.--S11. 00 I Page 158 of 284 Petition for Annexation Pa ge -2 - I, lDos,:sho..... To r:dO..O a Notary Public in a nd for sai d Sta te and Co u nty , hereby certiff that \\ec.::\b Q.., \Y,~mo O whose name(s) is/a re sig ne d to the for g oing Pet ition and who is/are known to m e, t hi s day a pp eared before me and, being first duly swo rn , acknowledge that he /she/they have voluntarily exec ute d this Petition on this d ay same bears da te. (Seal) Given u nd er m y H a nd and Seal this '2-7 d ay of -o...,\'I , 20 ----2..lt_, MARSHA JORDAN My Commission Expires August 31 , 2027 ~~d£u() M y commission ex pi res B -3 \ -2:J I, ~s.ho. -z-ro C dOJ) a Notary Publi c in a nd for sai d State a nd Cou nty , here by certif th at rnru::~ErolYlCL Pl,+rr.a o whose na m e(s ) is/are sig ne d to the for g oing Petit ion and who i re kno wn to m e, this day appeared before me and, being first duly sworn, acknowledge that he /she/th ey have voluntarily executed this Petition on t hi s day same bears date. (Seal) Given u nd er my Han d and Seal this &,1 d ay of 0 D.f:\ , 20-2.l..cL , MARSHAJORDAN My Commission Expires August 31 , 2027 ~-~ +dc.fYl ota ub My commission ex p ires 8 -3 \ -2 _.7 ..e::...--'-'-----'----'--'-i~~n.,_;::..--;~;,..:"'-~1.>£.C=-i'--a otary Publi c in a nd for said State an d Coun ty , hereby certify th at (A""-. whose name(s)~are sig ne d to the forgo in g P et itio n and who is/are known to m e, this d ay a pp ea red before m e a nd , being first dul y sworn, acknow ledge that he /s he /th ey have vo luntarily exec ute d this P etit ion o n this d ay same bears d ate. Given under my Han d and Seal this {) _ __,,,,,,,...., (Seal) Page 159 of 284 S M E A D O W S DR MAJORS RUN GAYFER RD EXT COMMONS BLVD HUCKNALL DR VALOR DR MAJESTIC BEAUTY AVE GA L A X Y S T CO U N T Y R D 1 3 COURAGE DR WE E P I N G WI L L O W S T AYRSHIRE LN MAJORS RUN PECANRIDGEBLVD AT H E N E S T SW A Y I N G W I L L O W A V E NOBLEMAN DR LOWRY DR PI T M A N L N GRANT ' S W A Y FST PITMAN CLAYTON AND PITMAN MARY EMMA Annexation to R-1, Low Density Single Family Residential Exhibit A Parcel Number: 05-46-05-15-0-000-003.547-001 PPIN: 625498 ^ µ Exhibit A Parcel Road Corporate Limits Zoning District: R-1 R-2 R-A Subject Property Page 160 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-571 FROM: Sherry Sullivan, Mayor Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: An Ordinance to amend Ordinance No. 1660 of the City of Fairhope, Alabama by Revision of Section 21-28; Specifically (i) Streetlights. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance to amend Ordinance No. 1660 of the City of Fairhope, Alabama by Revision of Section 21-28; Specifically (i) Streetlights. 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 161 of 284 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1660 OF THE CITY OF FAIRHOPE, ALABAMA, BY REVISION OF SECTION 21-28; SPECIFICALLY (i) STREETLIGHTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: SECTION ONE. Code of Ordinances, City of Fairhope, Alabama, Chapter 21. Utilities, Article II. Electricity, Section 21-28. Public Utilties Electric Service Standards. (i) Streetlights is hereby amended or updated to reflect the following: Section IX. Streetlights. New streetlights in residential areas will be installed or removed by the City of Fairhope at the request of the homeowner or HOA provided: • The location of the streetlight or removal is approved by the Electric Superintendent or his/her designee. • The homeowner or HOA requesting the streetlight or removal has provided to the City written acknowledgement and consent from all homeowners within three houses on each side of the light and on both sides of the street. This consent shall include the owners name, address and signature. For subdivisions outside of the City of Fairhope’s electric service territory but within City limits and the City has accepted maintenance of all public streets and public right-of-ways dedicated on the plat, the streetlights will be installed according to the requirements of the utility serving that area. Ownership and maintenance of the streetlight will remain with that utility. At the request of the homeowner or HOA, the energy cost of the streetlights will be paid for by the City of Fairhope. The City will not pay the energy cost for decorative, landscape, sign, or accent lighting, nor will the City pay the energy costs for lights located in common areas or within privately owned streets, drives, or alleys. The Balance of Chapter 21. Utilities, Article II. Electricity, Section 21-28. Public Utilties Electric Service Standards remains as written and codified in the City of Fairhope Code of Ordinances. 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 upon its due adoption and publication as required by law. ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 _______________________________ James Reid Conyers, Jr. Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 9TH DAY OF FEBRUARY, 2026 __________________________ Sherry Sullivan, Mayor Page 162 of 284 Page 163 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-572 FROM: Richard Johnson, CITY ENGINEER Nicole Love, Grants Coordinator SUBJECT: The City of Fairhope authorizes and supports the submission of an FY2026 RAA Annual Grant Application to ALDOT requesting $449,959.50 ($350K Grant/$100K Match) to conduct Resurfacing, Restoration, and Rehabilitation (RRR) of 1.25 miles of County Road 13 from Morphy Avenue to the northern City Limits within the City of Fairhope, Alabama; and authorizes the Mayor to sign all required grant application documents on behalf of the City. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: That the City Council adopts a resolution that the City of Fairhope authorizes and supports the submission of an FY2026 RAA Annual Grant Application to ALDOT requesting $449,959.50 ($350K Grant/$100K Match) to conduct Resurfacing, Restoration, and Rehabilitation (RRR) of 1.25 miles of County Road 13 from Morphy Avenue to the northern City Limits within the City of Fairhope, Alabama; and authorizes the Mayor to sign all required grant application documents on behalf of the City. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 164 of 284 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 165 of 284 RESOLUTION NO. ______ AUTHORIZING THE SUBMISSION OF AN FY 2026 REBUILD ALABAMA ACT (RAA) ANNUAL GRANT APPLICATION WHEREAS, the Alabama Department of Transportation (ALDOT) is accepting applications from municipal governments for Fiscal Year 2026 Rebuild Alabama Act (RAA) Annual Grant Program; and WHEREAS, RAA Annual Grant Program is an ALDOT administered transportation infrastructure grant program for projects of local interest created in the Rebuild Alabama Act of 2019; and WHEREAS, project applications may be submitted for improvements to any classified road or bridge open to public traffic and County Road 13 from Morphy Avenue to the northern City Limits is a Minor Arterial and is in need of Resurfacing, Restoration, and Rehabilitation (RRR); and WHEREAS, the sponsor will be responsible for the cost of all required preliminary engineering and CE&I activities in accordance with ALDOT requirements at no cost to the project. This shall include but is not limited to costs associated with preparing the application, project development, environmental clearances, plan development, and contract letting. Furthermore, the sponsor is responsible for any environmental assessments, clearances, and permitting which may be required; and WHEREAS, the City of Fairhope can conduct all preliminary engineering, permitting, plan development, contract letting and CE&I in-house with City personnel at no cost to the project; and WHEREAS, the total project construction cost is estimated to be $449,959.50, and, if funded, the grant will fund 100% of the 1st $250,000.00 of Construction Costs and then at a one-to-one local match up to a maximum RAA Grant amount of $350,000.00. With City personnel providing preliminary engineering, permitting, plan development, contract letting and CE&I in-house the City cost (local match) would be $100,000.00; and WHEREAS, if funded, the City will see this project through to completion and will be responsible for providing long-term maintenance of the improved facilities; THEREFORE, BE IT RESOLVED BY THE City of Fairhope, IN REGULAR SESSION ASSEMBLED, that by this Resolution the City of Fairhope authorizes and supports the submission of an FY2026 RAA Annual Grant Application to ALDOT requesting $449,959.50 ($350K Grant/$100K Match) to conduct Resurfacing, Restoration, and Rehabilitation (RRR) of 1.25 miles of County Road 13 from Morphy Avenue to the northern City Limits within the City of Fairhope, Alabama. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sign all required grant application documents on behalf of the City. DULY ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 ________________________________ James Reid Conyers, Jr., Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 166 of 284 Rebuild Alabama Act Annual Grant Program Application Fiscal Year 2026 City of Fairhope – February 20, 2026 A. Sponsoring local governmental entity Sponsor Entity: City of Fairhope, Alabama Mayor/Chairman: Honorable Sherry Sullivan, Mayor Mailing Address: P.O. Drawer 429; Fairhope, AL 36533 Sponsor Contact: Nicole Love, Grants Coordinator Mailing Address: P.O. Drawer 429; Fairhope, AL 36533 Phone: 251-517-5011 x134 Email: nicole.love@fairhopeal.gov Project Manager: Richard D. Johnson, PE Title: City Engineer Address: 555 S. Section St.; Fairhope, AL 36532 Phone: (251) 928-8003 Email: richard.johnson@fairhopeal.gov B. Briefly describe the scope of work for the project. Identify the type of improvements proposed, all roads / bridges included in the project, and the limits of the improvements for each location including the total length of the project (in miles) included in the application. This project proposes to conduct Resurfacing, Restoration, and Rehabilitation (RRR) of approximately 6,600 linear feet (1.25 Miles) of County Road 13 from the intersection of Morphy Avenue to the northern City Limits (intersection of Mosely Road – end of City Maintenance). County Road 13 is classified as a Minor Arterial and is an important north- south transportation corridor. This road segment intersects with three east-west Major Collectors: Morphy Avenue, Fairhope Avenue (a.k.a. CR48) and Gayfer Road Extension (a.k.a. CR30). Just north of the end of City Maintenance, CR13 supports and intersects State Road 104 (Minor Arterial). Multiple large residential neighborhoods and commercial nodes are provided access and served via this segment of CR13. Fairhope Avenue and Gayfer Road Extension provide a vital east-west links to the large Fairhope East Page 167 of 284 Elementary School just west of this road link. As the eastern side of the City of Fairhope develops, traffic volumes on CR13 continue to exponentially rise. ALDOT’s 2024 AADT compared to the 2020 AADT is: Counter ID Location 2020 AADT 2024 AADT 4-Year % Increase Baldwin (144) N of CR30 7,163 7,664 501 – 7% Baldwin (938) N of CR48 7,965 5,287 2,687 – 50% Baldwin (650) N of Morphy 5,151 4,853 298 – 6% The increased traffic volumes have taxed the current pavement build up and it is rapidly degrading. Significant based failures resulting in section loss is occurring due to the exceedance of the original design ESAL loading. Work would include but not be limited to base repair (removing sand-clay and replacing with geogrid and aggregate base), binder course, roadway milling, patching & leveling, asphalt wearing overlay of 1-1/2”, and striping and marking. No widening or change in geometric alignment is proposed or anticipated. This is a straightforward Resurfacing, Restoration, and Rehabilitation (RRR) project. a. Confirm that any road / bridge included in the scope of work is owned and maintained by the application sponsor. This road is within the corporate limits of the City of Fairhope, has been accepted and authorized for Public Maintenance by the Fairhope City Council. There are no bridges on the above-described road segment. b. Confirm that no work will begin prior to the application being awarded funding. No work, outside of normal street maintenance, will be performed on this road segment until notice of selection, award and funding by ALDOT. C. Provide a detailed preliminary pay item estimate of the total project cost, the amount of Annual Grant funds requested (no match required), the amount of Annual Grant funds requested that will be matched by local funds, the amount of the local match (if applicable), and the amount and source of any other funds to be applied to the project. In addition to providing the above information in the application, complete the Annual Grant Funding Snapshot below. Annual Grant Funding Snapshot: RA Funds Requested (no match required – max $250,000): $ 250,000.00 RA Funds Requested (match required – max $100,000): $ 100,000.00 Local Matching Funds (match – max $100,000): $ 100,000.00 Other Contributions: $___________ Page 168 of 284 See attached estimate of probable cost. The estimated cost of the Resurfacing, Restoration, and Rehabilitation (RRR) project is $449,959.50. The City of Fairhope is requesting RAA Grant funding at the allowable cap of $350,000.00 with the understanding all cost above $250,000.00 require a 1 to 1 match by the City. At the current estimate, the City’s match would be $100,000.00. All engineering and design will be performed by City Engineering or outsourced to a prequalified Engineering Firm. Any survey needed will be outsourced. Project shall be locally bid per State Bid Law. The City of Fairhope will self-perform Construction Engineering and Inspection. Any material testing will be outsourced at the City’s expense. All PE and CE&I expense will be 100% responsibility of the City of Fairhope. D. Identify any project phases that could adversely impact the project's progression. Note the following phases are not eligible for reimbursement: a. Environmental and/or cultural resources • None anticipated • No land disturbance proposed – no ADEM Permit Required • No historic or culturally significant areas impacted – all work to be performed within the footprint of the existing pavement section. b. Right-of-way or temporary/construction easements • None required • Existing ROW either predates or was acquired per the Uniform Act c. Utility relocations • None E. Describe the life expectancy of the project. Identify the agency responsible for maintenance, and the funding source for maintenance efforts. Asphalt wearing surface based on current AADT plus growth rate: 10-13 years and thermoplastic stripes and markings: 5-7 years. The City of Fairhope budgets accordingly for the periodic repainting (replacement of the thermoplastic) of striping and markings on a yearly basis. Money is currently budgeted for yearly roadway maintenance and repair through the City’s Public Works Operation Budget. Capital dollars are budgeted yearly for annual street resurfacing. F. Provide any additional comments the sponsor wishes to be considered. This project is fully supported by the City of Fairhope Mayor, City Council and residents of the County Road 13 corridor. Mayor’s cover letter is included in the appendix. G. Attachments: a. Mayor’s Cover Letter b. Locator Map c. Aerial Location Map of County Road 13 d. Estimate of Probable Cost e. Typical Pavement Section and Milling & Striping Details f. Photos Page 169 of 284 {Please print on City Letterhead} {Insert Date} Alabama Department of Transportation ATTN: FY 2026 RAA Grant Committee 1409 Coliseum Boulevard Montgomery, AL 36110 Re: FY 2026 RAA Grant Application – City of Fairhope Project Application Resurfacing of County Road 13 – Morphy to Northern City Limits Dear Members of the RAA Grant Committee: Attached you will find an original electronic color copy of the City of Fairhope’s FY 2026 RAA Grant Application requesting $449.959.50 to conduct Resurfacing, Restoration, and Rehabilitation (RRR) of 1.25-miles of County Road 13, a City-maintained Minor Arterial. We understand this request, if granted, commits the City to a minimum grant match of $100,000.00. County Road 13 important north-south transportation corridor. This road segment intersects with three east-west Major Collectors: Morphy Avenue, Fairhope Avenue (a.k.a. CR48) and Gayfer Road Extension (a.k.a. CR30). Just north of the end of City Maintenance, CR13 supports and intersects State Road 104 (Minor Arterial). Multiple large residential neighborhoods and commercial nodes are provided access and served via this segment of CR13. Fairhope Avenue and Gayfer Road Extension provide a vital east-west links to the large Fairhope East Elementary School just west of this road link. This high-use road corridor needs Resurfacing, Restoration, and Rehabilitation. If RAA Grant funds are awarded for this purpose, the City will be responsible for all required matching funds and overruns in total project costs, above the amount of the grant. All engineering and design will be performed by City Engineering. Any survey needed will be outsourced. Project shall be locally bid per State Bid Law. The City of Fairhope will self-perform Construction Engineering and Inspection. Any material testing will be outsourced at the City’s expense. We appreciate your consideration of this request. This is a very worthy and much needed project. If you have any questions or require further information, feel free to contact Richard Johnson, P.E., City Engineer, at via email at Richard.johnson@fairhopeal.gov or (251) 928-8003. Sincerely, Sherry Sullivan, Mayor Page 170 of 284 RESOLUTION NO. _______ AUTHORIZING THE SUBMISSION OF AN FY 2026 Rebuild Alabama Act (RAA) Annual Grant Application WHEREAS, the Alabama Department of Transportation (ALDOT) is accepting applications from municipal governments for Fiscal Year 2026 Rebuild Alabama Act (RAA) Annual Grant Program; and WHEREAS, RAA Annual Grant Program is an ALDOT administered transportation infrastructure grant program for projects of local interest created in the Rebuild Alabama Act of 2019; and WHEREAS, project applications may be submitted for improvements to any classified road or bridge open to public traffic and County Road 13 from Morphy Avenue to the northern City Limits is a Minor Arterial and is in need of Resurfacing, Restoration, and Rehabilitation (RRR); and WHEREAS, the sponsor will be responsible for the cost of all required preliminary engineering and CE&I activities in accordance with ALDOT requirements at no cost to the project. This shall include but is not limited to costs associated with preparing the application, project development, environmental clearances, plan development, and contract letting. Furthermore, the sponsor is responsible for any environmental assessments, clearances, and permitting which may be required; and WHEREAS, the City of Fairhope can conduct all preliminary engineering, permitting, plan development, contract letting and CE&I in-house with City personnel at no cost to the project; and WHEREAS, the total project construction cost is estimated to be $449,959.50, and, if funded, the grant will fund 100% of the 1st $250,000.00 of Construction Costs and then at a one-to-one local match up to a maximum RAA Grant amount of $350,000.00. With City personnel providing preliminary engineering, permitting, plan development, contract letting and CE&I in-house the City cost (local match) would be $100,000.00; and WHEREAS, if funded, the City will see this project through to completion and will be responsible for providing long-term maintenance of the improved facilities; THEREFORE, BE IT RESOLVED BY THE City of Fairhope, IN REGULAR SESSION ASSEMBLED, that by this Resolution the City of Fairhope authorizes and supports the submission of an FY22 RAA Annual Grant Application to ALDOT requesting $449,959.50 ($350K Grant/$100K Match) to conduct Resurfacing, Restoration, and Rehabilitation (RRR) of 1.25 miles of County Road 13 from Morphy Avenue to the northern City Limits within the City of Fairhope, Alabama. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sign all required grant application documents on behalf of the City. DULY ADOPTED THIS DAY OF , 2026 ________________________________ Jimmy Conyers, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 171 of 284 ^ ^ FAIRHOPE AV GAYFER RD EXT MOSLEY RD MORPHY AV MORPHY AV EXT LOWRY DR GRANT'S WAY THOMPSON HALL RD S MEADOWS DR MAJOR'S RUN BROOK LN AYRSHIRE LN ROLLING OAKS DR GROVE CIR ROLLING OAKS LN PECAN TRC BURLINGTON DR SHADY GROVE LN- AREA OF SIGNIFICANT BASE FAILURE 0 0.2 0.40.1 Miles Project Locator Map2026 RAA Annual GrantCounty Road 13 RRR Road Centelines Fairhope City Limits Property Parcels 2020 Aerial Photo RGB Red: Band_1 Green: Band_2 Blue: Band_3 City of Fairhope Project Start Project End Page 172 of 284 ^ ^ FAIRHOPE AV GAYFER RD EXT MOSLEY RD MORPHY AV MORPHY AV EXT LOWRY DR GRANT'S WAY THOMPSON HALL RD S MEADOWS DR MAJOR'S RUN BROOK LN AYRSHIRE LN ROLLING OAKS DR GROVE CIR ROLLING OAKS LN PECAN TRC BURLINGTON DR SHADY GROVE LN- AREA OF SIGNIFICANT BASE FAILURE 0 0.2 0.40.1 Miles Project Locator Map2026 RAA Annual GrantCounty Road 13 RRR Road Centelines Fairhope City Limits Property Parcels City of Fairhope Project Start Project End Page 173 of 284 Project:2026-PWD 009 RAA Grant - RRR County Road 13 - City of Fairhope ITEM #DESCRIPTION UNIT QTY UNIT PRICE ESTIMATE 1 REMOVE EXISTING ASPHALT (206-C)SY 2420 $9.50 $22,990.00 2 UNCLASSIFIED EXCAVATION (210-A)CY (TBM)675 $21.50 $14,512.50 3 BORROW EXCAVATION (A-2-4 OR BETTER)(210-D)CY (TBM)340 $24.50 $8,330.00 4 SOIL STABILIZATION, TENSAR TX 160, LOWER SY 2420 $11.50 $27,830.00 5 CRUSHED AGG BASE COURSE, TYPE B, 6" THICK (301-A)SY 2420 $21.50 $52,030.00 6 TACK COAT (405-A)GAL 807 $6.00 $4,842.00 7 PLANING EXISTING PAVEMENT (APPROX. 0.75 (MIN) TO 1" (MAX) THICK (408-A)SY 2420 $3.50 $8,470.00 8 BITUMINOUS CONCRETE WEARING SURFACE LAYER, 165 TON LBS/SY (424-A)TON 1464 $135.00 $197,640.00 9 BITUMINOUS CONCRETE BINDER LAYER, 165 LBS/SY (424-B)TON 220 $145.00 $31,900.00 10 BITUMINOUS CONCRETE LEVELING LAYER (424- C)TON 150 $155.00 $23,250.00 11 MOBILIZATION (600-A)LS 1 $21,500.00 $21,500.00 12 SOLID YELLOW (DOUBLE), CLASS 2, TYPE A, TRAFFIC STRIPE, 5" WIDE (701-A)MI 1.25 $3,500.00 $4,375.00 13 SOLID WHITE, CLASS 2, TYPE A, TRAFFIC STRIPE, 5" WIDE - E.O.P. (701-A)MI 2.5 $3,500.00 $8,750.00 14 STOP BAR (703-A)SF 20 $12.00 $240.00 15 PED X-ING, DELINEATOR, CHEVRON (703-A)SF 640 $7.50 $4,800.00 16 TRAFFIC CONTROL (740-A)LS 1 $18,500.00 $18,500.00 $449,959.50ESTIMATE TOTAL: Page 174 of 284 BITUMINOUS ASPHALT WEARING LAYER (165 lb/sy) (424 - A) CRUSHED AGGREGATE BASE COURSE (6" THICK) SUBGRADE BITUMINOUS ASPHALT WEARING SURFACE LAYER (424 - A), 1 2" MAX. AGGREGATE SIZE, ESAL RANGE C/D, (94% (±2%) OF MATERIALS THEORETICAL MAX. DENSITY) ≈ 135 lb/sy. EXISTING ASPHALT ELEVATION BITUMINOUS ASPHALT BINDER LAYER (165 lb/sy) (424 - B) TACK COAT (0.05 GALLONS/SY) (405 - A) BITUMINOUS ASPHALT BINDER LAYER (424 - B), 3 4" MAX. AGGREGATE SIZE, ESAL RANGE C/D, (94% (±2%) OF MATERIALS THEORETICAL MAX. DENSITY) ≈ 165 lb/sy. CRUSHED AGGREGATE BASE COURSE (825 - B), PLANT MIXED, 5" COMPACTED THICKNESS) SHALL MEET ASTM D 698, 98% COMPACTION (SYIP) (301 - A). ROADBED PROCESSING, MODIFIED ROADBED, (TOP 6" MUST MEET ASTM D-698) (95% COMPACTION) (230-A). REPAIR TYPE "A" BASE FAILURE X X X X X X X X X X X X XXX TENSAR TX 160 GEOGRID (243-A2) RAA GRANT - COUNTY ROAD 13 RRR City of Fairhope, Public Works Date: JAN. 15, 2026 Drawn By: R.D. Johnson, PE Paving Plan & Details Scale: N.T.S.2026-PWD 009 Page 1 of 1 ROAD CROSS SECTION (MAINLINE TYPICAL) N.T.S. BITUMINOUS CONCRETE WEARING SURFACE, 1.65 " THICK, 165 LBS. PER SQ. YARD, ALDOT SECTION 424A TACK COAT, ALDOT SECTION 405 599.80VARIES 20' - 22'SHOULDER BUILD UP & DRESSING TO BE DONE BY PUBLIC WORKS 276.00 276.0010' - 10'-6" LANE (N-S) NO CURB (TYP) SOLID WHITE, CLASS 2, TYPE A TRAFFIC STRIPE - 5"WIDE SOLID YELLOW (DOUBLE), CLASS 2, TYPE A TRAFFIC STRIPE - 5" WIDE (TYPICAL) MAINLINE STRIPING DETAIL ASPHALT MILLING TIE IN DETAIL 959.40 MILL DOWN 1" MIN TAPER MILL TO EXIST ASPHALT GRADE NEW ASPHALT TAPER LENGTH (MIN) 20' MAINLINE 5' APRON 10' - 11' LANE (N-S) CURB SECTION NORMAL EDGE OF PAVEMENT 5" TRAFFIC STRIPE 5" MIN Page 175 of 284 PHOTO 1 – LOOKING NORTH ON CR13 FROM MORPHY AVENUE Page 176 of 284 PHOTO 2 – LOOKING SOUTH ON CR13 FROM ROUNDABOUT AT FAIRHOPE AVENUE Page 177 of 284 PHOTO 3 – LOOKING NORTH ON CR13 FROM ROUNDABOUT AT FAIRHOPE AVENUE Page 178 of 284 PHOTO 4 – LOOKING NORTH ON CR13 FROM NORTH OF FAIRHOPE AVENUE – BASE FAILURE AND DELAMINATION Page 179 of 284 PHOTO 5 – LOOKING SOUTH ON CR13 FROM ROUNDABOUT AT GAYFER AVENUE Page 180 of 284 PHOTO 6 – LOOKING NORTH ON CR13 FROM ROUNDABOUT AT GAYFER AVENUE Page 181 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-567 FROM: Richard Johnson, CITY ENGINEER Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS John Thomas, Interim Public Works Director SUBJECT: The City Engineer, Richard Johnson, is requesting the hiring of a professional architectural firm for RFQ PS26-019 Professional Architecture and Engineer Design Services for the Nix Center Bathroom Remodel Project. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: To approve the selection by Mayor Sherry Sullivan of Goodwyn Mills Cawood, LLC. (GMC) for Professional Architecture and Engineer Design Services (RFQP S26-019) for the Nix Center Bathroom Remodel Project; and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, is requesting the hiring of a professional architectural firm for RFQ PS26-019 Professional Architecture and Engineer Design Services for the Nix Center Bathroom Remodel Project. The proposed scope of work shall include architecture and engineering design services for the architecture, interiors and plumbing for: • Restroom Renovation Area: Approximately 1,000 sq.ft. interior renovation for the two existing restrooms combined. • Women’s Restroom: Remove and replace with ADA compliant plumbing fixtures for 6 toilets and 3 sinks. • Men’s Restroom: Remove and replace with ADA compliant plumbing fixtures for 2 toilets, 3 urinals and 3 sinks. • Remove existing flooring and base to install new updated tile flooring in 2 restrooms only Mayor Sullivan has selected Goodwyn Mills Cawood, LLC. for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 182 of 284 Budget 001300- 50475 Adult Recreation - Capital Imprv 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 183 of 284 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection of Goodwin Mills Cawood, LLC (GMC) to perform Professional Architectural and Engineering Design Services for (RFQ PS26-019) for the Nix Center Bathroom Remodel Project; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 184 of 284 Sherry Sullivan Mayor Council Members: Andrea Booth Jack Burrell, ACMO Jimmy Conyers Joshua 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: February 11, 2026 Re: RFQ PS26-019 Professional Architecture and Engineer Design Services for the Nix Center Bathroom Remodel Project The City Engineer, Richard Johnson, is requesting the hiring of a professional Architecture and engineering firm to perform design services for the Nix Center Bathroom Remodel Project. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include architecture and engineering design services for the architecture, interiors and plumbing for: • Restroom Renovation Area: Approximately 1,000 sq.ft. interior renovation for the two existing restrooms combined. • Women’s Restroom: Remove and replace with ADA compliant plumbing fixtures for 6 toilets and 3 sinks. • Men’s Restroom: Remove and replace with ADA compliant plumbing fixtures for 2 toilets, 3 urinals and 3 sinks. • Remove existing flooring and base to install new updated tile flooring in 2 restrooms only Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Goodwin Mills Cawood, LLC. (GMC) _____________ ___________ None. Submit another list Cc: file, Richard Johnson, Mayor Sherry Sullivan Feb 12, 2026 Page 185 of 284 Memo to choose - Prof Architect - Nix Center Bathrooms Final Audit Report 2026-02-12 Created:2026-02-11 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAsZtQE4EekVww1cZ4oiF3DngbjiTnQm8h "Memo to choose - Prof Architect - Nix Center Bathrooms" Histor y Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2026-02-11 - 9:26:57 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2026-02-11 - 9:27:30 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2026-02-11 - 9:27:40 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2026-02-12 - 1:57:55 PM GMT - Time Source: server Agreement completed. 2026-02-12 - 1:57:55 PM GMT Page 186 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-566 FROM: Richard Johnson, CITY ENGINEER Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The City Engineer, Richard Johnson, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals to construct a new Ballpark Bathroom within the youth baseball complex at Volanta Park. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: To approve the award of Bid No. 26-022-2026-REC-003 New Youth Baseball Restrooms - Volanta Park to GAF Companies, LLC. for a not-to-exceed cost of $176,783.70. BACKGROUND INFORMATION: A service bid was issued on January 9, 2026, posted to the City of Fairhope's website, and published in Gulf Coast Media. Ten (10) responsive bids were received at the bid opening on February 10, 2026 at 2:00 p.m. The City Engineer recommends the award be made to GAF Companies, LLC. Their low bid price was: • Lump Sum Price (Base Bid) $156,167.00 • Project Contingency (10% of Base Bid): $15,616.70 • Electrical Material Contingency: $5,000.00 The low bid total price is not-to-exceed One Hundred Seventy-Six Thousand Seven Hundred Eighty-Three Dollars and Seventy Cents ($176,783.70). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55935 Volanta Park $225,000.00 $176,783.70 ($48,216.30) Page 187 of 284 Line 10 Restrooms Project No: 2026REC003 | Project Expense String: 2026REC003-CONS FY2026 Total project budget is $225,000.00. Impact fees will be used to fund this project. 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 188 of 284 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-022- 2026-REC-003) New Youth Baseball Restrooms – Volanta Park for the City of Fairhope Recreation Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for New Youth Baseball Restrooms – Volanta Park [3] After evaluating the bid proposals with the required bid specifications, GAF Companies, LLC is now awarded (Bid No. 26-022-2026-REC-003) New Youth Baseball Restrooms – Volanta Park for the for the City of Fairhope Recreation Department with a bid proposal not-to-exceed $176,783.70. ADOPTED ON THIS 19TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 189 of 284 Page 190 of 284 Page 191 of 284 Page 192 of 284 Page 193 of 284 Page 194 of 284 Page 195 of 284 Page 196 of 284 Page 197 of 284 Page 198 of 284 Suzanne Doughty (Dec 10, 2025 08:10:19 CST) Suzanne Doughty Page 199 of 284 PRF - New Youth Baseball Restrooms - Volanta Final Audit Report 2025-12-10 Created:2025-12-08 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA2F9jufj0leL5rjSkv_roo6goLgZVcJXh "PRF - New Youth Baseball Restrooms - Volanta" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-12-08 - 3:19:15 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-12-08 - 3:19:40 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-12-10 - 2:10:19 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-12-10 - 2:10:20 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-12-10 - 2:21:22 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-12-10 - 2:21:24 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-12-10 - 2:23:20 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-12-10 - 2:23:43 PM GMT - Time Source: server Agreement completed. 2025-12-10 - 2:23:43 PM GMT Page 200 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-565 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals to provide and install new 6-foot, black, vinyl- coated chain link fencing at Barnwell Park AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: To approve the award of Bid No. 26-023-2026-REC-100 New 6ft Vinyl Coated Fences - Barnwell Youth Football Fields to Hagan Storm Fence of Mobile for a not-to-exceed amount of $39,617.00. BACKGROUND INFORMATION: A service bid was issued on January 23, 2026, 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 February 3, 2026 at 2:00 p.m. The Director of Parks and Recreation recommends the award be made to Hagan Storm Fence of Mobile. Their low bid price is Thirty-Nine Thousand Six Hundred Seventeen Dollars ($39,617.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50475 Line 100 Recreation - Capital Improvements $39,617.00 $39,617.00 $0.00 Project No.: 2026REC100 | Project Expense String: 2026REC100-CONS FY2026 total project budget of $150,000.00 is sufficient to cover additional expenses necessary to complete youth football improvement project. Impact fees will be used to fund this project. GRANT: Page 201 of 284 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 202 of 284 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-023- 2026-REC-100) New 6 ft. Vinyl Coated Fences – Barnwell Youth Football Fields for the City of Fairhope Recreation Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for New 6 ft. Vinyl Coated Fences – Barnwell Youth Football Fields [3] After evaluating the bid proposals with the required bid specifications, Hagan Storm Fence of Mobile is now awarded (Bid No. 26-023-2026-REC-100) New 6 ft. Vinyl Coated Fences – Barnwell Youth Football Fields for the City of Fairhope Recreation Department with a bid proposal not-to-exceed $39,617.00. ADOPTED ON THIS 19TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 203 of 284 Page 204 of 284 Page 205 of 284 Page 206 of 284 Page 207 of 284 Page 208 of 284 Page 209 of 284 Project Code: 2026-REC 003 Page 210 of 284 Project Request Form for Barnwell Improvements Final Audit Report 2025-12-31 Created:2025-12-29 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAIjJKahx5p2MgY4kQq1aJHqgdLY_2Hw0N "Project Request Form for Barnwell Improvements" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-12-29 - 4:41:42 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-12-29 - 4:42:08 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-12-31 - 6:16:31 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-12-31 - 6:32:09 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-12-31 - 6:32:11 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-12-31 - 7:06:57 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-12-31 - 7:07:19 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-12-31 - 7:07:21 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-12-31 - 7:47:24 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-12-31 - 7:47:58 PM GMT - Time Source: server Page 211 of 284 Agreement completed. 2025-12-31 - 7:47:58 PM GMT Page 212 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-568 FROM: Fairhope Junior City Council SUBJECT: Resolution — That the City Council hereby approves and authorizes the Fairhope Junior City Council (FJCC) Project Proposal for a Pickleball Tournament at the Mike Ford Tennis Center on Saturday, April 4, 2026, with proceeds raised donated to the Fairhope Youth Rotary Club. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: A proposed pickleball tournament at the Mike Ford Tennis Center, a community- centered, family-friendly venue intended to be inclusive of all residents. The primary objective is to unite Fairhope residents for a day of competition and social connection while raising funds for the Fairhope Rotary Club. Objectives: • An event where the community can be brought together. • Beneficial fundraiser where money is donated to Fairhope's Youth Rotary Club. Methodology: 1. Arrive early to prep (concessions, sign-up table, etc.) 2. Begin welcoming players and allowing them to warm up. 3. Begin playing (pool play). 4. Awards ceremony & closing with trophies. Estimate: Trophies/medals: $250.00 Pickleballs: $150.00 Concessions: $350.00 Misc./First Aid: $200.00 Page 213 of 284 Timeline: February 9th 2026 project approval. On March 30th, we begin publishing posters/social media. Saturday, April 4th pickleball tournament 8–3. 8:00-9:00 a.m.: Player check-in. 9:00-9:15 a.m.: Rule briefing. 9:15 a.m. - 12:15 p.m.: Pool play. 12:15 - 1:00 p.m.: Results tally. 1:00–2:30 p.m.: Bracket matches. 2:30 - 3:00 p.m.: Awards. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50340 General Government - Supplies $950.00 Estimate $950.00 $0.00 GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: FJCC will follow up with City Council for a report on May 26, 2026. Individual(s) responsible for follow up: Fairhope Junior City Council Action required (list contact persons/addresses if documents are to be mailed or emailed): City Council approval of resolution. Page 214 of 284 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council hereby approves and authorizes the Fairhope Junior City Council (FJCC) Project Proposal for a Pickleball Tournament at the Mike Ford Tennis Center on Saturday, April 4, 2026, with proceeds raised donated to the Fairhope Youth Rotary Club. [2] Estimated project cost is $950.00 that includes: trophies/medals $250.00, pickleballs $150.00, concessions $350.00, and miscellaneous first aid $200.00. [3] The Recreation Department has agreed to support FJCC with coordination of the tournament. Adopted on this 19th day of February, 2026 ___________________________ James Reid Conyers, Jr. Council President Attest: ____________________________ Lisa A. Hanks, MMC City Clerk Page 215 of 284 z 0 M ID. M a: 0 u, w Q ci:i w > M lo w "'"I m 0 > (!J 0 -I 0 Q 0 :c 1-w � a:-: w (!J C :::, m FJCC Project Proposal PROJECT NAME: F JGC Pickleball Tournament DATE: 2/9/26 PROJECT PROPONANT: Camille Hausman A proposed pickleball tournament at the Mike-Ford Tennis Center, a community-centered, family-friendly venue intended to be inclusive of all residents. The primary objective is to unite Fairhope residents for a day of competition and social connection while raising funds for the Fairhope Rotary Club. •An event where the community can be brought together. •Beneficial fundraiser where money is donated to Fairhope's Youth Rotary Club. 1.Arrive early to prep (concessions, sign-up table, etc). 2.Begin welcoming players and allowing warm up 3.Begin playing (pool play) 4.Awards ceremony & closing with trophies. Estimate: Trophies/ medals: $250 Pickleballs: $150 Concessions: $350 Misc/ First aid: $200 Total:$950 Page 216 of 284 w 2 U.: 2 (!J FJCC Project Proposal PROJECT NAME: F JOO Pickleball Tournament DA Te PROJECT 2/9/26 PROPONANT: Camille Hausman Febuary 9th 2026 project approval March 30th begins publishing posters/social media Saturday, April 4th. pickleball tournament 8-3. 8:00-9:00 AM: Playercheck-inn 9:00-9:15 AM: Rule briefing 9:15 AM -12:15 PM: Pool play 12:15-1:00 PM: Results tally 1.-00 -2:30 PM: Bracket matches 2:30-3:00 PM: awards [] Agree [] Disagree I I I Febuary 9th 2026 I Page 217 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-564 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting the hiring of a professional consulting firm for RFQ PS26-018 Professional Services for PHMSA Grant Preparation. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: To approve the selection by Mayor Sherry Sullivan of Magnolia River for Professional Services for (RFQ PS26-018) for Pipeline and Hazardous Materials Safety Administration ("PHSMA") Grant Preparation and authorize the Mayor to execute a contract for the negotiated not-to-exceed fee of $20,000.00. BACKGROUND INFORMATION: Mayor Sullivan chose Magnolia River to perform the professional services for Pipeline and Hazardous Materials Safety Administration ("PHSMA") Grant Preparation. The negotiated fee is Twenty Thousand Dollars ($20,000.00). Previous Council Action: June 10, 2024 - Resolution No. 5085-24 - That the City Council authorizes the submission of a Pipeline and Hazardous Materials Safety Administration (PHSMA) Grant to the U.S. Department of Transportation (USDOT) for the FY2024 Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program for Gas Pipe Replacement. The grant amount is approximately $15,000,000.00 fifteen million dollars and will cover the remaining four phases of the pipe replacement. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-50290 Gas - Professional Services $20,000.00 $20,000.00 $0.00 GRANT: Page 218 of 284 Pipeline and Hazardous Materials Safety Administration (PHSMA) Grant to the U.S. Department of Transportation (USDOT) for the FY2024 Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program for Gas Pipe Replacement. 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 219 of 284 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection of Magnolia River to perform Professional Services for (RFQ PS26-018) Pipeline and Hazardous Materials Safety Administration (“PHMSA”) Grant Preparation; and authorizes Mayor Sherry Sullivan to execute a Contract with a not-t o-exceed fee of $20,000.00. DULY ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 220 of 284 Page 1 of 1 Bill To: City of Fairhope PO Box 429 ap@fairhopeal.gov Fairhope AL 36533 Invoice Number:0058209 Invoice Date:7/3/2024 Billing Through:6/29/2024 Payment Terms:NET 30 Due Date:8/2/2024 Project Code:US.AL.11.MBU.72195.ENG Project Title:ENG - Fairhope PHMSA Grant Writing Assistance Order Number:PLACEHOLDER I N V O I C E Description Amount Fairhope PHMSA Grant Writing Assistance Total Amount Due This Invoice:$20,000.00 Please remit payment to: P.O. Box 1267 Hartselle AL 35640 Page 221 of 284 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: February 11, 2026 Re: RFQ PS26-018 Professional Services for Pipeline and Hazardous Materials Safety Administration (“PHMSA”) Grant Preparation The Superintendent of Gas Department, Wes Boyett, is requesting the hiring of a professional consulting firm for RFQ PS26-018 Professional Services for PHMSA Grant Preparation. Per our Procedure for Procuring Professional Services, Wes Boyett and I are providing firms for the Mayor to select from for the work. The work performed is to assist City of Fairhope in grant writing for the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) grant. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Magnolia River _______________ ___________ None. Submit another list Cc: file, Wes Boyett, Mayor Sherry Sullivan Sherry Sullivan (Feb 11, 2026 14:17:56 CST) Sherry Sullivan Feb 11, 2026 Page 222 of 284 Memo to choose - Prof Services - Grant Writing Assistance - Gas Dept Final Audit Report 2026-02-11 Created:2026-02-11 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAzj2w6hDMKxT8_iFGUZ9X-nqNOg8kCsKZ "Memo to choose - Prof Services - Grant Writing Assistance - G as Dept" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2026-02-11 - 7:59:21 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2026-02-11 - 7:59:42 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2026-02-11 - 7:59:51 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2026-02-11 - 8:17:56 PM GMT - Time Source: server Agreement completed. 2026-02-11 - 8:17:56 PM GMT Page 223 of 284 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. Magnolia River 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? PHMSA grant preparation 2. What is the total cost of the item or service? $20,000 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): magnolia river 6. Vendor Number: 3187 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? $20,000 3. Budget code: 50290 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 224 of 284 RESOLUTION NO. 5085-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , [ 1] That the City Council authorizes the submission of a Pipeline and H azardous Materials Safety Administration (PHMSA) Grant to the U.S. Department of Transportation (USDOT) for the FY2024 Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program for Gas Pipe Replacement. The grant amount is approximately $15,000 ,000 .00 fifteen million dollars and will cover the remaining four phases of the pipe replacement. ADOPTED ON TIIlS 10~ J¥ Y OF JUNE. 2024 =r ,1 ~ Corey Martin, Council President Attest: Page 225 of 284 FROM: CITY OF FAIRHOPE AGENDA MEMORANDUM j Wes Boyett , GAS SUPERINTENDENT Item ID : 2024-431 SUBJECT: Authorizing submission of a PHMSA grant to USDOT . AGENDA June 10, 2024 DATE: RECOMMENDED ACTION: Approve BACKGROUND INFORMATION: The Pipeline and Hazardous Materials Safety Administration , US DOT , manages the NGDISM funding . The objectives of this grant program are to advance delivery of energy through reducing the risk profile of existing municipal -and community-owned natural gas distribution infrastructure that contains high-risk , leaking and/or leak-prone pipes. The City of Fairhope has been working on replacing older gas pipeline systems throughout the City and this funding will help offset some of those costs . BUDGET IMPACT/FUNDING SOURCE: Account No . Account Title Current Budg et Cost $ $ -- GRANT: USDOT Pipelin e and Hazardous Materials Safety Ad ministrati on LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: lndividua l(s) responsible for follow up: Available Budget ($_) Action required (list contact persons/addresses if documents are to be mailed or emailed): I Page 226 of 284 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration (PHMSA) Notice of Funding Opportunity for the Department of Transportation's FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program AGENCY: Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation ACTION: Notice of Funding Opportunity (NOFO) SUMMARY: Issuing A2ency Program Overview Objective SUMMARY OVERVIEW OF KEY INFORMATION NATURAL GAS DISTRIBUTION INFRASTRUCTURE SAFETY AND MODERNIZATION (NGDISM) GRANT PROGRAM Pipeline and Hazardous Materials Safety Administration The Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) grant's eligible entities are municipality-or community-owne d utilities, not including for-profit entities, seeking assistance in repairing, rehabilitating , or replacing high-risk, leak-prone natural gas distribution infrastructure , or in acquiring equipment to reduce incidents and fatalities and avoid economic losses . The NGDISM Grant Program also strives to create good-paying jobs , promote economic growth , and benefit disadvantaged rural and urban communities with safe provision of natural gas. The objectives of the NGDISM Grant Program are to : 1. advance the safe delivery of energy through reducing the risk profile of existing municipal-and communi ty -owned natural gas distribution infrastructure that conta in s high-ri sk , leaking , and/or leak-prone pipe ; 2. focus on projects that will have th e grea test benefits for communities of all sizes needin g the most supp ort to make their natural gas distribution pipelin es safer for th eir residents and businesses , and to protect our environm ent fro m dan gero us incidents and/or leaks; 3. benefit disad vantaged comm uniti es , in both rural and urban areas , by reducing incident s and fata litie , and avo iding economic los ses caused b y natural gas distribution pipeline failures ; 4 . protect our environment and reduce climate impacts by remediating aged an d failing natural gas di stri buti on pipeline s an d distribution pipe prone to leakage; 5. provide positive economic impa ct and growth; and, 6. create and ustain goo d-paying infra structure-related jobs . Page 227 of 284 2 Eligible The FY 2024 NGDISM Grant Program is open to the fo ll ow ing entities : Applicants a. City or township governments owning and operating a natural gas distribution system b . Community-owned uti liti es owning and operating a natural gas distribution system (owned b y the customers it serves) C. County governments owning and operating a natural gas distribution system d . Municipality -own ed utilities owning and operating a natural gas distribution system ( owned by a local government) e. Native American tribal governments (federally recognized) owning and operating a natural gas di stribution system For-profit entities , and/or any pipeline assets owned by a for-profit entity , are not eligible for NGDISM grant funding . Eligible Grant funds will be made available 'to eli gib l e entities seeking assistance in Project Types repairing , rehabilitating , or replacing high-risk, actively leaking , or leak- prone natural gas distribution infrastructure . Funds may also be used to acq uire equipm ent that will assist in reducing natural gas distribution pipeline incidents and fatalities , as well as to avo id economic loss from leaks . Funding PHMSA wi ll make avail able up to $196 million utilizing FY 2025 fundi n g for NGDISM grants under this NOFO . Deadline Thursd ay , June 20 , 2024 , 11 :59 p .m . PDT: Application Due . Page 228 of 284 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) NOFO 693JK324NF00 13 Notice of Funding Opportunity Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Fiscal Year (FY) 2024 NOFO Posted Date : Applications Due Date : Que stions Due Date : Thursday, May 9, 2024 Thursday , June 20 , 2024 , 11 :59 p.m . PDT Thursday , June 13 , 2024, 11 :59 p .m . PDT Assistance Listing (formerly CFDA) 20.708 "Natural Gas Distribution Infrastructure Safety and Modernization Grant Program 1" Applicants must be registered at www.Grants.gov to apply online . Appli cants must maintain an active reg istration in the System for Award Management (SAM) at www.SAM.gov . Applicants are encouraged to register wi th FedConnect at https://www.fedconnect.net for an acco unt b efore submittin g an application. , Section D.6 , Other Submission Requirements , contain s more infonnation on Grants.gov, Sam.gov , and FedC01mect systems. 1 https://www .phmsa .dot .gov/grants/pipeline/natural-gas-distribution-infrastructure-safety-and modernization-grants U.S. DO T/PHMSA Page 1 of 40 FY 2024 Natura l Gas Distribution Infrastructure Safety and Mo derni zation Grant Program Page 229 of 284 NOFO 693 JK.324NF0013 Table of Contents SECTION A -PROGRAM DESCRIPTION ............................................................................. 4 A .1 Program Overview .......................................................................................................... 4 A.2 Statute and Program Authority ....................................................................................... 4 A.3 Background ..................................................................................................................... 5 A.4 Program Goals and Obje ctives ........................................................................................ 5 SECTION B -FEDERAL AW ARD INFORMATION ............................................................ 5 B .1 Award Si ze and Amount Available ................................................................................ 5 B .2 Period of Performance .................................................................................................... 6 B .3 Type of Award ................................................................................................................ 6 B .4 Availability of Funds ...................................................................................................... 6 SECTION C -ELIGIBILITY INFORMATION ...................................................................... 6 C .1 Eligible Applicants ...................................................... ,. ................................................... 6 C.2 Cost Sharing or Matching ............................................................................................... 7 C.3 Other Criteria .................................................................................................................. 7 SECTION D -APPLICATION AND SUBMISSION INFORMATION ................................ 7 D .1 Address to Reque st Application Package ....................................................................... 7 D.2 Content and Form of Application Submission ................................................................ 8 D .3 Unique Entity Identifier (UEI) and System for Award Management. .......................... 2 1 D.4 Submission Date s and Times ........................................................................................ 22 D .5 Funding Re striction s ........................................................ : ............................................ 22 D .6 Other Submi ssion Requirements ................................................................................... 22 SECTION E -APPLIC ATION REVIEW I FORMATION ................................................ 24 E .1 Criteria .......................................................................................................................... 24 E.2 R eview and Selection Process ...................................................................................... 25 E .3 Database for Integrity and Performance of Awarded Federal Grants ........................... 28 E.4 Anticipated Announcement and Fe d era l Award Dates ................................................. 28 SECTIO F -FEDERAL AW ARD ADMINISTRATIO INFORMATION ..................... 29 F.1 Federal Award otice ................................................................................................... 29 F.2 Administrativ e and Na tional Po licy Requirements ....................................................... 30 F.3 Reporting Requirement ............................................................................................... 34 SECTION G -FEDERAL A WARDI GAGE 1CY CONTACTS ........................................ 36 SECTION H -OTHER INFORMATION ............................................................................... 36 Freedom of Informati on Act ..................................................................................................... 36 Protecti on of Co nfidenti al Bus in ess Informatio n/F reedom oflnformation Act.. ..................... 37 DEFIN ITIONS ............................................................................................................................ 38 U.S. DOT/PHMSA Page 2 of 40 FY 2024 Natural Gas Di stribution Infrastructure Safety and Mo derniza tion Grant Program Page 230 of 284 PROGRAM SUMMARY Federal Agency Name : Funding Opportunity Title: Announcement Type : Funding Opportunity Number : Assistance Listing Number : NOFO Posted Date : Application Due Date: Question Due Date : NOFO 693JK.324NF0013 U .S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) Natural Gas Distribution Infrastructure Safety and Modernization Grant Program -FY 2024 Initial Announcement 693JK324NF00 13 20.708 Thursday , May 9, 2024 Thursday, June 20 , 2024 , 11 :59 p.m. PDT Thursday , June 13 , 2024 , 11 :59 p.m . PDT U.S . DOT/PHMSA Page 3 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 231 of 284 NOFO 693JK324NF0013 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program FY 2024 Notice of Funding Opportunity (NOFO) MISSION The mission of the U.S . Department of Transportation (DOT or Department) is to deliver the world's leading transportation system , serving the American people and economy through the safe, efficient, sustainable, and equitable movement of peop le and goods. The top priority of DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) is safety, with our mission being to protect people and the environment by advancing the safe transportation of energy and hazardous materials that are essential to our daily lives. As part of this mission, PHMSA administers a national regulatory safety program for the approximately 3.3 million mile~ of interstate and intrastate pipelines in the United States. PHMSA establishes national policy, sets and enforces standards , educates , and conducts research to prevent incidents. PHMSA also prepares the public and first responders to reduce consequences if an incident does occur and administers numerous federal grants to advance pipeline safety and protect the environment. SECTION A -PROGRAM DESCRIPTION A.1 Program Overview The Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program's eligible entities are municipality-or community-owned utilities , not including for profit entities , seeking assistance in repairing , rehabilitating , or replacing high-risk, leak-prone natural gas distribution infrastructure , or in acquiring equipment to reduce incidents and fatalities and avoid economic losses . The NGDISM Grant Program also strives to create good-paying jobs ,2 promote economic growth , and benefit disadvantaged rural and urban communities with safe provision of natural gas . The Department seeks to fund projects that advance the Departmental priorities of safety , equity , climate and sustainability , and workforce development, job quality , and wealth creation as described in the USDOT Strategic Plan , Research, Development and Technology Strategic Plan , and in ex(jcutive orders . Ass ist ance Listing: 20 .708 Co mplete application packages are du e via Grants.gov no later than 11 :59 p .m ., ES T , June 20 , 202 4. Also see Section D.4 . A.2 Statute and Program Authority Division J of the Infrastructure Investment and Job s Ac t (IIJA) (Pub. L. 11 7 -5 8) provides funding for the NGDISM Grant Program . 2 See Definitions section , Good-paying job . U .S. DOT/PHMSA Page 4 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 232 of 284 NOFO 693JK324NF0013 A.3 Background On November 15 , 2021 , President Biden signed the IIJA , which is the most significant investment in our Nation 's infrastructure in more than half a century . This includes PHMSA 's first ever GDISM Grant Program. The legis lation designates $200 million per year in grant funding with a total of $1 billion in grant funding over five years to improve the safety of high risk , actively leaking , or leak-prone natural gas di stri bution infrastructure and create good-paying jobs , with an emphasis on benefiting disadvantaged communities , in both rural and urban areas . The legi slation also authorizes PHMSA to use up to $4 million for each fiscal year for administrative expenses . Subject to the avai labili ty of funds , PHMSA will make fiscal year 2025 funding available under this FY 2024 NOFO for a total of $196 million. A.4 Program Goals and Objectives The goals of the NGDISM Grant Program are to : (1) advance the safe delivery of energy through reducing the risk profile of existing municipal-and community-owned natural gas di stribution infrastructure that contains high-risk, leaking, and/or leak-prone pipe ; (2) focus on projects that will have the greate st benefits for communities of all sizes needing the most support to make their natural gas distribution pipelines safer for their residents and businesses , and to protect our environment from dangerous incidents and/or leaks ; (3) benefit disad vantaged communities , in both rural and urban areas , by reducing incidents and fatalities , and avoiding economic lo sses caused by natural gas distribution pipeline failures ; (4) protect our en vironment and reduce climate impacts by remediating aged and failing natural gas di stribution pipelines and di stribution pip e prone to leakage ; (5) provide positi ve economic impact and growth ; and , (6) create and sustain good-paying infrastructure-related job s. SECTION B -FEDERAL AW ARD INFORMATION B.1 Award Size and Amount A va ilable Congress appropriated $1 billi on over five yea r s to implement and ad.minister the NGDISM Grant Program , w ith $2 00 mi lli on approp riated annua lly and up to $4 milli on to be u se d for PHMSA 's administrative costs. PHMSA will make avail ab le up to $196 milli on utili zing FY 2 025 fundin g for NGDISM grants und er thi s OFO. Any selec ti ons and awards under this NO FO are ubj ect to the availabi li ty of appropriated NG DISM funds. There is no awa rd minimum amount. Applicants may submit app li cations for multipl e projects . PHMS A anticipates making multiple awards with th e available funding. PHMSA will try to full y fund as many Highly Rec ommen ded app li cations as po ss ibl e. PHMS A may not be ab le to award grants to all eli g ible appli catio ns U.S . DOT/PHMSA Page 5 of 40 FY 2024 Natural Gas Distributi on Infrastructure Safety and Modernization Grant Program Page 233 of 284 NOFO 693JK324NF00 13 even if they score highly during the evaluation. PHMSA strongly encourages applicants to propose projects that have operational independence or a component of such a project. Award(s) to a single entity may not be more than 12 .5 percent of the total available funds for the grant program ($1 billion). Therefore , during this five-year grant program , a single entity cannot receive more than $125 million in NGDISM funding. B.2 Period of Performance The period of performance is up to 60 months . B.3 Type of A ward PHMSA will make discretionary awards via grant agreements for projects selected under this NOFO. NGDISM award disbursements to recipients will be for eligible costs incurred on a reimbursable basis . Consistent with 2 CFR Part 200 , recipients must certify that their expenditures are allowable, allocable, reasonable , and necessary to the approved project(s) before requesting reimbursement. B.4 Availability of Funds The IIJA makes FY 2025 NGDISM grant funds available for award/obligation through September 30 , 2035 . There is no pre-award authority to incur costs for these projects before the effective date of the federal award . At the time project selections are announced , DOT may extend pre-award authority for the selected projects. Unless authorized by DOT in writing, costs incurred prior to award of grant funding under thi s NOFO via a signed grant agreement ("pre award costs ") are ineligible for reimbursement.3 SECTION C -ELIGIBILITY INFORMATION C.1 Eligible Applicants The FY 2024 NGDISM Grant Pro gra m NOFO is open to the following entiti es: a. City or town ship g overnm ent s owning and operating a natural gas di stribution sys tem b . Communi ty -owned utiliti es owning and operating a natural gas di stribution sy stem (o wn ed by th e c ustom er s it serves ) c. Cow1ty governments own in g and op erating a natural gas di stribu tio n sys tem d . Muni cip ali ty -own ed utili ties ownin g and operatin g a natural gas dis tributi on syste m ( owned b y a local go ven un ent) e . Na ti ve Americ an trib al governm ent s (federally recogni zed) owning and operatin g a natural gas di stribution sys tem 3 Pre-award costs are 011l y cos ts incurr ed directly pur uan t to th e negoti ati on an d anti cip ation of the NGDIS M grant aw ard wh ere such cos ts are necessary for effic ient and timely p er fo rman ce of th e scop e of work, as consist ent w ith 2 CFR Part 200 determined by DOT. See 2 C.F.R . 200.45 8 fo r more information . U.S . DOT/PHMSA Page 6 of 40 FY 2024 N atural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 234 of 284 NOFO 693JK324NF0013 For-profit entities , and/or any pipeline assets owned by a for-profit entity , are not eligible for NGDISM grant funding. C.2 Cost Sharing or Matching There are no cost-sharing or matching requirements in the NGDISM Grant Program. Applicants may propose projects that involve non-federal contributions and describe in their application the nature and impact of the non-federal contribution on the proposed project(s)/equipment. Cost share/matching (the amount of non-federal contribution) is not a merit criterion or a competitiveness factor. C.3 Other Criteria See Section B for funding ceilings for projects and entities /applicants . If an applicant was unsuccessful in obtaining grant funding for their project in a previous fiscal year NGDISM award period, the applicant may submit a new application for the same project for each fiscal year that NGDISM funding is made available . If an applicant is successful in obtaining grant funding in a previous year NGDISM NOFO , the applicant may submit new application(s)/projects for each fiscal year that NGDISM grant funding is made available. Similarly , if an applicant previously received partial funding, a request for additional funding to complete the project is allowable . The entity/applicant must be the owner of the natural gas distribution pipeline system at the time of application. Entities operating both transmission and distribution systems may apply for projects involving their distribution systems. NGDISM funds are to repair, replace , or rehabilitate existing pipeline distribution infrastructure. Installing or extending new natural gas capabilities are not eligible for the NGDISM Grant Program . For example , a project that proposes to install or extend new pipe for the purposes of providing services to new cu stomer s wo uld not be eligible . SECTIO N D -APPLICATION AND SUBMIS SION INFOR1\1A TION D.1 Addr ess to R e qu es t Application Package The appli ca tion package ca n be ac cesse d at www.Grants.gov . Applic ants ar e to dmvnload the applicati on pa ck age assoc iated with thi s fundin g opportunity by fo llowing the dir ection s prov ided on www.Grants.gov . To reque st a hard cop y of th e appli ca ti on pack age (v ia po stal mail , Fe dEx , or e-m ail), ple ase contact: NGDISM Grant T eam E23-301 (PHP-3) U.S. DOT/PHMSA Page 7 of 40 FY 2024 Natural Gas Di stribution Infrastructure Safety and Modernization Grant Program Page 235 of 284 Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington , DC 20590 E -mai l: PHMSAPipelineBILGrant@dot.gov Phone : 202-366-7652 NOFO 693JK324NF 0013 If you are hearing-impaired , please contact the FR/TTY at 1-800-877-8339 or e-mail PHMSA-Accessibility@dot.gov . D.2 Content and Form of Application Submission Applications for the FY 2024 NGDISM Grant Program should be submitted in electronic format in Grants .gov. See Section D.6 for additional information on Grants .gov . To ensure application fairness for all, PHMSA will be unable to meet with applicants or di scuss applications with applicants during the submis sion period. Refer to PHMSA 's Frequently Asked Question s document (FAQs ) posted on PHMSA 's NGDISM website . There are two sections: 1. Standard Forms that an applicant download s and complete s from Grants.gov under the FY 2024 NGDISM Grant Program funding opportunity; and, 2 . Attachments the applicants create and upload per the NOFO requirements. Standard Forms The foll owi ng forms are found on Grants.gov und er the FY 2024 NGDISM Grant Program fundin g opportunity and must be completed by th e applicant and must be included as part of the applicati on. The Authorized Repre sentative (AR) named on the SF-424 must sign all forms . Please not e, a requi re d form(s) identifi ed below may be listed in gran ts.gov, in the Package tab , as an optional form; or listed in grants.gov in the Related Documents tab . Applications need to submit th e co mpleted required forms as li sted in thi s sec tion , regardless of wh ere forms /documents ar e locat ed in grants.gov. 1. Stan dard Fonn (SF)-4 24 -App li ca ti on for Federal Ass istance a . Mand atory: Two point s of co n tact are required . Per son named/contact information in Section 8f must not be the same p er son named as the Authorized Representative (AR) in Secti on 21. b . The AR must sign the 424. The AR must hav e the legal authority to sign documents for their entity , to give ass urances , make commitments , enter in to contracts, an d/or exec ut e such docwnents on behalf of the applicant/en tity . The signature of the AR certifies th at commitments made on grant pro posal s/app li cation s will be honored and en sures that th e applicant agrees to conform to the Federa l grant 2 CFR 200 regulations . A D EITHER: U.S . DOT/PHMSA Page 8 of 40 FY 2024 Natural Gas Distribution In frastr ucture Safety and Modernization Grant Program Page 236 of 284 NOFO 693 JK324NF0013 Equipm ent Only without pipelin e infrastructure improvement s: • SF-424A -Budget Information -No n-Construction Program s • SF -4 24B -Assurances -Non-Construction Programs (AR named on the SF-424 must sign) OR Construction/p ipelin e infrastructure improvements with/without equipment: • SF -4 24C -Budget Information -Co nstruction Programs • SF-424D -Assurances -Construction Program s (AR named on the SF-424 must sign the 424D) AND 2. Budget Narrative Attachment Form 3. Project Narrative Attachment Form 4. Grants.gov Lobby ing Form ; and Disclosure of Lobbying Activities form (SF-LLL), if applicable. The AR named on the SF -4 24 must be nam ed on and sign the Lobbying forms. 5. USDOT Standard Title VI/Non-Discrimination Assurances a. Non-USDOT Standard Title VI/Non-Discrimination Assurances forms are not acceptable. b. The AR named on the SF-424 must sign the Title VI/Non-Discrimination Ass urance s form . Attac hments The fo ll owing app li cant attachments are created by the ap plicant and uplo aded to Grants.gov under th e FY 2024 NGDISM Grant Program fundin g opportuni ty to be included as part of the applicant's grant application package . 1. Project Narrati ve 2. Budget Narrative 3. Indirec t cost rate agreement , and /or statement claiming a 10-p ercent de minimis rate (if applicable). 4 . Most current Di stri bution Integrity Management P lan (D IMP) that suppo1is your application . 5. Mos t cunent USDOT/PHMSA Gas Distribution System Annu al Report (GDAR) (Form PHMSA F 7100). 6. A dditio nal optional attachments (if app licable). Electronic Forma t : A ll app li cation/attachment files are to be in Word , Exce l, PowerPoint, Ado b e, and/or picture/image (GIF , JPEG , PNG) fom1ats. For any other file formats , PHMSA does not have the application/software to open/v iew these files therefore any infom1ation in other fi le fonnat s w ill not b e co nsidered during the app li cation review(s). U.S . DOT/PHMSA Page 9 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 237 of 284 NOFO 693JK324NF0 013 Sharing of Application Information: The D epartm ent m ay share ap plicati on information within th e Depa1iment or with other Federal agencies if the Department determines th a t sharin g is relevant to the respecti ve program's objectives . Project Narrative The following Project Narrative, sections 1-8, are required. Applicants should clearly identify the sections in the Proj ec t Narrative and fo llow the stru cture requested/prescribed order in this NOFO . Note: Adhere to the information in this NOFO for yo ur application package. 1. Cover Letter 2. Applicant Eligibility and Statement of Authority and Pipeline Infrastructure Safety and Modernization Capabilities 3. Project Summary 4 . Detailed Project Description 5. Proj ec ted Outputs and Objectives 6. Project Implementation and Management 7. Statement Certifying Compliance w ith Equity Requirement 8 . Dome stic Preference/Buy America PHMS A recommends that the Project Narrative b e prepared with standard formatting preferences (a single-spaced docum ent, u sin g a standard 12-point font such as Times New Roman, with I-inch margins , and narrative text in one column only). The Project Narrative may not excee d 45 pages in length ( excl uding cover pages , table of contents , and supporting documents/attachments). App li cants may submit supporting document s via website links rather than hard copies. It is imp ortant to ensure the web site links are currently active, access ible, and wo rkin g. If supporting documents are ~ubmitted, app li cant s must clearly identify the page number(s) of the rel evant portion in the Project Narrative supportin g docum entation. PHMSA recommend s u sing appropriately descri pti ve file name s ( e.g., "Project Narrati ve," "Maps," "B ud get Narrative") for all attachments. PHMSA wi ll not r eview or consider Project Narrative pages beyond th e 25-pag e limitation , non-working web links, and/or attachments' file formats th at do not meet El ectronic Fonnat guidance in Section D.6 . 1. Cover Letter. Name and Title of this NOFO. Organi zation/Natura l Gas System's Name. This should include: (]) your organization's /natural gas sys tem 's name; (2) a brief overview of the governance structure of your organization/system and/or natural gas system's leadership ; and (3) your organization 's/system 's experience and capacity, or the ability to obtain experience and capacity, to manage federa l grant programs . Contact Information. Identify the indi vidual name(s) and po sition title(s), address , emai l address , and telephone number of the person(s) who will be the: 1. Project Representative(s) respons ibl e for coordin ating all the funded project activities ; and U.S . DOT/PHMSA Page 10 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Moderni zation Grant Program Page 238 of 284 NOFO 693JK324NF0013 2. Authorized Representative(s) (AR) who will accept the aw arded grant document(s). The AR must have the legal authority to sign documents for their entity , give assurances , make commitments , enter into contracts , and/or execute such documents on behalf of the ' applicant/entity . The signature of the AR certifies that commitments made on grant proposals wi ll be honored and ensures that the applicant agrees to conform to the grant's regulations , guidelines , and policies. 2. Applicant Eligibility and Statement of Authority and Pipeline Infrastructure Safety and Modernization Capabilities. A short statement by the applicant verifying/affirming they are a municipal-or community-owned gas distribution utility and have the legal authority and capability to perform pipeline infrastructure repairs , rehabilitation , or replacement, in accordance with 49 CFR § 192, and to purchase equipment. 3. Project Summary. Summary: One project summary per project. The project summary should be no longer than 2-3 sentences . The project summary provides a high-level overview of the overall project/equipment needed to repair, rehabilitate , or replace the natural gas distribution pipeline system and its major components . Project Prioritization: Natural gas distribution project means activities that will repair, rehabilitate , or replace existing distribution lines or components of distribution systems or purchases of equipment that will (1) reduce incidents and fatalities and (2) avoid economic los ses . Each activity should be shown as a separate project. (i .e ., Project 1 -purchase of equipment , Project 2 -replace 2 mi les of 2-inch cast iron pipe etc .). Each project should be ranked numerically by priority . Alphabetical order or other sequenti al order s will not be accepted. Please ensure all pipe length s are described in miles. The proposed project should include reasonable boundaries of pipeline that can be rep laced within the period of performance. Repairing , replacing , and/or r ehabilitating pip elin e of a similar material and/or in the same general are a is considered a sin gle proje ct. Appli cants ar e en courage d to u se th e table pro vid ed belo w. P lease en sure Project Prioritization numb ering and budget total s ar e con si stent throu gh out the applic ati on docum ents. The valu es in th e proj ec t pri oriti zation table mu st be full y ju stifi ed and expl ained in the Proj ec ted Output s and Objectiv es section of the proj ect narr ativ e. U.S. DOT/P HMSA Page 11 of 40 FY 2024 Natural Gas Distributi on Infrastructure Safety and Modernization Grant Program Page 239 of 284 NOFO 693JK324NF0013 Project Prioritization Table Priority Project Type Project Existing Miles Infras true ture Estimated Estimated Total Project Number ( construction , Name Pipe · Replaced Age (if Reduction in number of Cost ( all costs equ ipment-Material applicable) Annual jobs (if must equal the only , or other (if Methane applicable) federal funding -please applicable) Emissions requested in the describe) (kglyear)4 SF -424) 1 Construct ion Southeast Cast-iron 9.0 1920s 25,637 100 $9,500,000 Cas t-Iron Replacement Project 2 Equipment Leak N I A 0 .0 1920s 7,121 40 $100,000 Detection Equipment 3 Other -Regulator Bare steel 0.0 1970s 0 .0 N I A $850,000 Regulator Replacement Station Project Total $10,450,000.00 SF -424 $10,450,000 .0 0 Federal Funding Requested 4 See tab le of average methane em issions factors (kg/mi le activity) for natural gas pipelines in 5. Projected Outputs and Objectives. U.S . DOT/PHMSA Page 12 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 240 of 284 NOFO 693JK324NF0013 Project Location: If available at the time of application , and/or if applicable , include geospatial data for the project. If project is not geospatially specific , include replacement of assets throughout a service area or the purchase of equipment. If the project includes the repair, rehabilitation, or replacement of assets throughout your system , please generally describe the area where the proposed project will occur. Identify if all , partial , or none of the project is located in a disadvantaged community , including in a rural or urban area . 5 Applicants should use the Climate and Economic Justice Screening Tool (CEJST)6 to identify disadvantaged communities as the primary tool. Applicants are strongly encouraged to also use the DOT Equitable Transportation Community (ETC) Tool7 to understand how their community or project area is experiencing disadvantage related to lack of transportation investments or opportunities and are encouraged to use this information in their application to demonstrate how their project will reduce , reverse or mitigate the burdens of disadvantage. Applicants are encouraged to provide an image of the map tool outputs . For sensitive map data , please mark the document/images as confidential. Please note that any project on Tribal land must include a letter expressing Tribal support for the project. Project Schedule: Please include the current project schedule . If not available at the time of application submission , provide best ava ilable project schedule estimates/projections . • The project schedule identifies all major project milestones from start to completion . • The project schedule should be sufficiently detailed to demonstrate that: a. all necessary activities will be completed to allow NGDISM Grant Program fund s to be expended within th e p eriod of performance ; b . all real prop erty and 1i.ght(s)-of-way acqui sition and/or utility easements will be completed in a tim ely mam1er in accordance with 49 CFR Part 24 and other applic abl e lega l requirements, or a statem ent th at real prop erty , right(s)-of-way acqui sit ion, utili ty easements, and/or applicable leg al r equi rements are not nee ded; 5 Se e D efiniti ons sec tion , Di sa dva ntag ed Community. 6 M-2 3-09 states th a t Fed era l agen cies shoul d u se th e CEJ ST to id entify geo gr ap hi cally define d di sa dvantage d co mmuniti es fo r any c overed program s und er the Justice 40 Initi ati ve and fo r progra ms where a tatu te direc ts re sources to disa dvan taged co mmuniti es , to th e maximum extent poss ibl e and permi tted by law. Thi s in clud es Federa lly R ecogni z ed Trib es , r egardl ess of whether they have land . Appli cants sh ould u se the CEJST as th e prim ar y tool to id entify di sad v antaged co mmuniti es . See https ://screeningtool.geop latform .gov/. 7 https ://experience .arcgis .com/experience/0920984aa80a4362b8778d779b090723 /page/ETC-Explorer---National Res ults/ U.S . DOT/PHMSA Page 13 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 241 of 284 NOFO 693JK324NF0013 c. community input has b ee n or wi ll be fostered throu gh meaningful public involvement, particularl y engaging with di sadvantag ed rural and urban communities that may be affecte d by the project where applicable; and, d . app licabl e required project approvals have been completed, such as a high-level screening of fat al flaw environmental impacts (see below "Requirements if PHMSA notifies an applicant of it s intent to make a Federal award "); design completion; approval of plans, specifications , and estimates ; procurement ; state and lo cal approvals ; project partnership and implementation agreements; environmental permits ; and executed/proj ected construction agreements . Project Funding: • Indicate in a tab le format the total amount of federal funding requested and total project cost. If more than one project and/or the project(s) wi ll be completed in phases , li st funding and estimated tirneline detail s per project(s)/phase(s ). • Identify whether partial funding would be accepted in order to complete the project and the level of minimum funding needed. • Identify whether the replacement, rehabilitation, or repair project was in proces s prior to the announcement of thi s award; and whether and by how much the grant would expedite the project or expand the sco pe or impacts of the project. This will not affect grant award rating(s). Project Eligibility: Examples of eligible grant project expenses may include the follo wing: • Construction costs including equipment and labor costs related to repairing, rehabi litating , or rep lacing le ak pron e natural gas pipeline distribution infrastructure, which include s main line s, serv ice lin es , and related components. • E quipment costs related to reducing in cidents and fatalities , and avoiding economic losses . • Equipment purchases to impro ve an operator's le ak d et ec tion capabilities , to address a risk that could lead to the unsafe op eration of a system , and/or to improve an operator 's abili ty to locate difficu lt to find legacy pipelines . Exampl es of ineligible grant project expenses include the fo llowing: • Projects invo lving tran smissio n lines, inc luding prop osals to lo wer a transmis sion line to m ee t th e existing code requirements. ee 49 CFR 192.3 D efinitions for the definition of a Transmission Line. • Projects th at will requir e a PHMSA specia l permit and/or appro val via PHMS A waiver. • Ex tendin g gas serv ic es to areas previou sly not serv ed . • Electri fic ati o n. • Removal of propane tanks and in stallin g a natura l gas piping system . • Propane community gas sys tems. • Peak shav in g liquefied n atura l gas faci li ties. 4. Detailed Project De scription that include s: U.S. DOT/PHMSA Page 14 of 40 FY 2024 Natural Gas Di stri buti on Infrastructure Safety and Modernization Grant Pro gram Page 242 of 284 NOFO 693JK324NF0013 • Each project must be mentioned in and supported by the most recent distribution integrity management plan (DIMP) assessment. The supporting DIMP assessment must be no older than two years from the date of the NGDISM application. The scope, schedu le, location , and budget (including total cost per mile of mains replaced and total cost per service replaced.) for each proposed project. If applicable, the projects should be listed according to the risk/safety priority order described in the Project Prioritization section. • Description of materials being replaced , repaired, or rehabilitated, and a general description of the construction methods to be used (i.e., Horizontal Directional Drill (HDD), cut and cover, insertion, etc.). • Describe any relocations, abandonments, and upsizing . • Sufficient documentation to support the project: such as engineering drawings preliminary project planning or design including site design ; maps ; site photos , materials lists , cost estimates received an aerial photograph of the site depicting the proposed location ; anticipated environmental and community impacts ; and other pre construction activities of eligible pipeline infrastructure projects. • Identify and measure expected outcomes of the proposed work and monitoring progress toward completing project tasks and deliverables during the period of performance . • A Safety Risk Profile for each proposed project describing the condition of the current infrastructure in the project area for which funding is being requested. The project , Safety Risk Profile should cite relevant data including identified threats , leak statistics, and risk analysis that are pre sent in the operator's DIMP . The Safety Risk Profile should state how the project will mitigate the identified and list the safety benefits the project will bring to the community. All threats , leak statistics and risk analyses should be supported by and consistent with the DIMP and Gas Di stribution Annual Report (GDAR). • Identify any potentially immediate danger that the existing infrastructure poses that may result in fatalities, injuries, or environmental hazards . • Plan for creating good-paying jobs 8 that provide economic impact, growth, and substantial benefit s to disadvantaged rural or urban communities. • Capacity to provide a reduction in lifecycle greenhouse gas em i sions and any other impacts that are beneficial to the environment or public . • Co nfirmation that a plan is in place or will be in place for compliance with civil rights obligation s and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and im plementing regulations (49 CFR Part 21), the Americans w ith Disabilitie s Act of 1990 (ADA), and Section 504 of th e Rehabilitation Act, all other civi l rights requir eme nts and accompanying regulations . If there are any question s concerning the respon sibiliti es under the Externa l Civi l Rights Pro gram, please contact Rosann e Goodwill , PHMSA Civi l Rights Director , at 202 -366-6580 or e-mail PHMSACivilRights @dot.gov. 5. Projected Outputs and Objectives. Provide quantifiable and measurable outputs plann ed for the grant's period of performance. Outputs are quantitative data that de scribe 8 See Definitions, Good-paying j obs. U.S . DOT/PHMSA Page 15 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 243 of 284 NOFO 693 JK324NF0013 the proposed activ ities . For repair , rehabilitation , or replace ment of natur al gas di stribution pip elin e infrastructure, or portions th ereof, or ac qui sition of equipment, outputs should include : (1) the quantity (e.g., mileage, age, and diameter) of pipeline affected; (2) if applicable, cost of equipment purcha se d for the project ; (3) an estimate of the number of job s the proj ect may create; (4) an estimate of the project 's potential for benefiting disadvantaged rural and urban communities; (5) an estimate of the econ omic imp act or growth over the length of the project; and, ( 6) an estimate of the reduction in methane emissions attributable to th e project, including the method of calculation . Applicants may u se the following table to approximate the methane leak rate based on pip eline material that will be replaced b y the program . The table is base d on Average Methane Emissions Factors (kg/mile activity) for Natural Gas Pipeline s. It is adapted from Table 1 EPA GHG Inventory -Annex 3 .6, Table 3.6-2. Pi eline Material T e Avera Cast Iron 2,877.3 5 Un rotected Steel 1,491.80 Protected Steel 77.90 109 .85 Plast· 190 .9 0 New 28 .8 0 The sample appli cant's proj ect prioritization table above li sts the fir st priority as the south east cast iron replacement project , which will repl ace 9 .0 mil es of cast iron p ipe. The average rate of methane emis sions per year for cas t iron pipe is 2,877.35 kg /mile/year. The sampl e applicant multiples that amount by 9 mile s. The product is 25,896.15 kg/year. The applic ant w ill replace th e cast iron pipe with polyethylene (PE) pl astic pipe . The average rate of methane emissions per year for polyethylene (PE) plastic pipe is 28.80 kg/mile /year. The samp le app li cant multipl es that amount by 9 miles. The product is 259 .20 kg /year. The sample applicant finds the difference by subtracting 259.20 kg /year from 25,896.15 kg /year. The difference is 25 ,636.95 kg/year. The samp le app licant rep01is the difference in the project pri ori ti zatio n table for the southeast cast iron replacement project in the estimated reduct ion in annual methane emiss ions column. Rounding to the near~st who le number is accept able. U.S. DOT/PHMSA Page 16 of 40 FY 2024 Na tura l Gas Distribution Infrastructure Safety and Mo d ernization Grant Program Page 244 of 284 NOFO 69 3JK324NF0013 Applicants should use the Climate and Economic Justice Screening Tool (CEJST)9 as the primary tool to identify disadvantaged communities . Applicants are strongly encouraged to also use the USDOT Equitab le Transportation Community (ETC) Explorer 10 to understand how their community or project area is experiencing disadvantage related to lack of transportation investments or opportunities and are encouraged to use this information in their application to demonstrate how their project wi ll reduce , reverse or mitigate the burdens of disadvantage . 6. Project Implementation and Management. Provide a description of the monitoring and quality assurance plan to ensure successful project completion within the period of performance . Describe how your organization wi ll ensure the applicable federal pipeline safety regulations will be followed and grant funds are used appropriately . These may include , but are not limited to , ensuring your DIMP is up to date; implementing safety and performance checks and inspections ; and conducting audits of the project. 7. Statement Certifying Compliance with Equity Requirement. Applicants must include a statement certifying they are currently complying ( or will comp ly) with Executive Order (EO) 13985 , Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Equity means the consistent and systematically fair , just, and impartial treatment of all individuals , including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino , and Indigenous persons, Asian Americans and Pacific Islanders; other persons of co lor ; members of religious minorities ; lesbian , gay, bisexual , trans gender, and queer persons ; persons with disabilities ; persons who live in rural areas ; and persons otherwise adverse ly affected by persistent poverty or inequality . 8. Domestic Preference/Buy America. Applicants must include a statement certifying they will comply with Domestic Preference/Buy America and , if applicable , include an asse ssment of material s, products, or manufactured products that would require an exception or waiver of the Buy America provisions. Budget Narrati v e The Budget arrative is a detailed explanation of each budg et item , which support s the cost of th e propo sed proj ect(s) and/or equipm ent. The Bud get Narr ati ve should it emi ze and ju sti fy how bud g et item s' to tal is calcul ated. F or ex ample , for p er so1m el sa lary includ e j ob title , job function(s), pay rate , percent age or h our s expected to v-1ork on th e proj ect to get th e total of the lin e-item exp en se. Th e Bud ge t N anati ve sh ould be clear, sp ec ifi c, detailed , and mathematically conect . Th e Budg et N arrati ve need s to co ne sp ond to the SF -4 24A' or SF -424 C's line-item categories . P lease round cents to wh ole dollars in the Budget N aJT ativ e . 9 See https ://screeningtool.geoplatform .gov/. 10 See https ://experience .arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/ETC-Explorer--- National-Results / ' U.S . DOT/PHMSA Page 17 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 245 of 284 NOFO 693JK324NF0013 Grant Funds, Sources and Uses of Project Funds -Project budgets should show how different funding sources wi ll share in each activity and present the data in dollars and percentages. The budget should identify other Federal funds the applicant is applying for , has been awarded, or intends to use . Fundin g sources should be grouped into three categories: non-federal , NGDISM Grant Program, an d other Federal with specific amounts for each funding source . Expense Categories -A well-developed Budget Narrative is an effective monitoring tool for both the awarding agency and the grant recipient. However, a Budget Narrative that does not accurate ly represent a project's needs makes it difficult to recommend for funding and to assess financial performance over the life of the project. Once a grant agreement is executed, PHMSA is unable to add additional grant funding to cover additional costs. However, if the award is for more than the actual costs , PHMSA will reimburse for the actual costs . SF-424A Equipment only with no construction For more details, see category instructions/guidance on Grants.gov , Forms tab , 424- family . U.S . DOT/PHMSA Page 18 of 40 FY 2024 atural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 246 of 284 NOFO 693 JK324NF0013 Category/Line Item Enter Amount Personnel Not applicable for equipment only applications Fringe Benefits Not applicable for equipment only applications Trave l Not applicable for equipment only application s Ye s, if applicable. Equipment Equipment is tangible personal property (including infonnation technology systems) having a useful life of more than one year and a per-unit acquisition cost that equal s or exceeds $5,000. Yes , if applicable . Supplies Equipment purchases of less than $5,000 per unit would be li sted under Supplies or Other. Yes , if applicable. Analyze the cost benefits of purchasing versus leasing Co ntractual equipment , particularly high-co st item s, and those subject to rapid technica l advances. Li st rented or leased equipment costs in the Contractual or Other category , depending upon the procurement method . Construction Not applicable for NGDISM equipment only applications. Use the SF-424C . Yes , if applicable. Equipment purchase s of le ss than $5,000 per unit would be li sted under Supplies or Other. Analyze the cost benefits of purch as ing versus le asi ng Oth er equipment, particularly high-cost items , and tho se subject to rapid technical advance s. List rented or leased equipment costs in the Contractual or Other category, dependin g up on the procurement m ethod. See SF-424A in struction s for other acce ptabl e expenses for Other. Indirect Charges Not applicable for eq uipment only applications The purch ase of equip ment to reduce methane em iss ion s during reh abili tation, repair, or replacement activities is an all owab le program cos t and should be included in th e proje ct's budget. Each item of equipment must be identified with the corresponding cos t ; general purpo se equipment must be ju stified as to how it wi ll be u sed on the project. App li cants sh ould analyze the cost benefits of purcha ing versus leasing equipment, particularly high-cost items , and those subj ect to rapid technic al advances. PHMS A encourages all app li ca nt s to reference in their app li cations whether th ey plan to uti li ze p ipe line blowd own mitigation practices , if appli cable; for example : • Di vertin g to lower pressure pipeline s: Transfer gas to a parallel lin e. • In-Li ne compre ss ion: Operate do w nstrea m compre ss ion after upstream valve is c lose d. Mob il e compre sion : Use ad diti ona l compressors to move gas or pull line down to lower pressure (e.g., incremental gain). U.S . DOT/PHMSA Page 19 of 40 FY 2024 Natura l Gas Distribution Infrastructure Safety an d Modernization Grant Program Page 247 of 284 NOFO 693JK324NF0013 Vacuum Purge Technology: Removal of air in a natural gas pipeline with vacuum equipment. SF-424C Construction with or without equipment purchase For more details , see category instructions/guidance on Grants .gov , Forms tab , 424- farnily. Category/Line Item Enter Amount Administrative and legal expenses If applicable. Land, structures , rights-of-way , appraisals , etc. If applicable. Relocation expenses and payments If applicable. Architectural , environmental , and engineering If applicable. fees Other architectural and engineering fees If applicable. Project inspection fees If applicable . Site work If applicable . Demolition and removal If applicable . Construction If applicable . If applicable. Equipment is tangible personal property (including information technology Equipment systems) having a useful life of more than one year and a per-unit acquisition cost that equals or exceeds $5 ,000. If applicable . Equipment purchases Miscellaneous of less than 5,000 per unit would be listed as Miscellaneous. If applicable and not to exceed Contingencies 10 percent of land , structure s, rights-of-way , appraisals , etc . and con struction categories only . Project (program) income If app li cab l e. Applicants are encouraged to account for all anticip ated costs, includin g price flu c tua tions , antic ipated environme ntal costs , restoration cos ts, anticipated cos ts with federal gra nt s m anagement training , and co sts associated with sin gl e audit s an d pro gra m audit s when preparing project budgets . If se lected for an award , PHMSA highl y encourages recipients wh o may have littl e to n o experience man aging fe dera l awa rd s to take federa l gra nts manage m ent training for staff who will be working on th e programmat ic or financi al as pects of th e grant. This training is available in p erso n or online and is offer ed by various vendors nationw id e . Such trainin g will ensure that recip ients who are se lected for award s full y un~erstand and are prepared to m anage the requir ements associated with complying with a federal awa rd. This training is recommended to be taken at the beginning of the award after the grant U.S . DOT/PHMSA Page 20 of 40 FY 2024 atural Gas Distribution Infrastructur e Safety and Modernization Grant Program Page 248 of 284 NOFO 693JK324NF00 13 agreement is executed . Such costs sh ould go under the Admin istrative line item on the SF-424C . SF-424C only: Contingency amoun ts, not to exceed 10 percent , may be included in the budget to the extent they are necessary to improve the precision of project estimates . Pre-Award costs: There is no pre-award authority for any costs incurred before the effective date of the award announcement However, the applicant should provide a thorough and concise explanation of the project elements (e .g ., de sign services) and include the projected pre-award costs as part of their application/budget estimate . Once provisional project selections are made, PHMSA m ay extend pre-award cost reimbursement authority for these provisionally selected projects for costs incurred after the project has been provisionally se lected . SF-424C only: Indirect Costs : In general, indirect costs are not applicable to most construction grant projects. If an app li cant plans to charge the de minimis indirect cost rate , the Modified Total Direct Cost (MTDC) calc ul ation must be used . The MTDC calculation excludes capital expenditures and equipment costs. The detailed budget justification template and the budget narrative shou ld clearly exp lain how indirect costs are being applied/calculated . If app li cants will claim the 10 percent de minirnis rate for indirect costs , please ensure that a statement is included in the application and that the MTDC calculation is utilized . If claiming a higher indirect cost rate , the applicant must attach a copy of their most recent negotiated indirect cost rate agreement. See 2 CFR 200 .1 for more information: https ://www.ecfr.gov/current/title-2/subtitle-A/chapter Il/part-200#p-200. l{Modified%20Total%20Direct%20Cost%20{MTDC)). D .3 Unique Entity Ide ntifier (UEI) and System for Award Management Each applicant is required to : • Register in SAM (SAM.gov) before submitt in g an application ; • Provide a valid UEI in the application; and • Continue to maintain an active SAM registration with cwTent information at all times during which th ey have an active federa l award or an application under co n sideration . PHMSA may not make an award to an applicant until the applicant has complied with all applic abl e UEI and SAM requirements. If an applicant h as not full y compli ed with the requir em ents by th e time PHMSA is ready to make an award , PHMSA may determine that the appli cant is n ot qualified to re ce ive an aw ard and u se th at de tennin ati on as a bas i s for m akin g an mv ard to another appli cant. PHMSA recommend s that applicants review the SAM datab a e to en sme that their UEI nw11ber is updated and "active ." Link: https ://sam.gov/content/home . For iss ue s with SAM .go v, apphcants may call the Federal S erv ice D esk at 866-6 06-82 20 or create an incident ticket vi a https://www.fsd .gov/gsafsd sp . U .S . DOT/PHMSA Page 21 of 40 FY 2024 atural Gas Distribution Infrastructme Safety and Modernization Grant Program Page 249 of 284 NOFO 693JK324NF0013 D.4 Submission Dates and Times App lic ants must submit complete application packages via Grants .gov no later than 11 :59 p.m ., PDT, June 20 , 2024 . App lic ants are strongly encouraged to verify their access to Federal Grant Systems (Section D.6) early, to ensure any technical issues can be resolved, and to apply early to ensure all materials wi ll b e received before the deadline . PHMSA verifies the dates and times of applications submitted via Grants.gov to determine timeliness of submissions . Applications received after the deadline will not be considered . D.5 Funding Restrictions The following costs are not eligible for reimbursement under the FY 2024 NGDISM Grant Program: 1. Pre-award costs incurred prior to the effective date of the award to which PHMSA has not extended pre-award authority in writing. 2. Entertainment, alcohol, or morale costs . 3. Expenses claimed and/or reimbursed by another program . 4 . Excessive costs for general office supplies , equipment, computer software , printing and copymg. 5. Expenses that supplant existing operational funds . 6 . Any costs disallowed or stated as ineligible in 2 CFR Part 200. 7. Restrictions on Use of Funds for Lobbying, Support of Litigation , or Direct Advocacy . The recipient and its contractors may not conduct political lobbying , as defined in the statutes , regulations, and 2 CFR § 200.450 "Lobbying," within the federally-supported project. The recipient and its contractors may not use federal funds for lobbying specifically to obtain grants and cooperative .agreements. The recipient and its contractors must comply with 49 CFR Part 20 , U.S . DOT "New Restrictions on Lobbying ." Funds may not be used, directly or indirectly , to support or oppose union organizing. D.6 Other Submission Requirements Appli ca tions will only be accepted via Grants.gov using required usemame(s) and pa sswor d (s) n eed ed to ac cess the Grants .gov w eb site . Th ere is no limi tation on th e numb er o f appli ca ti ons that m ay b e submitted by an eligible ap pli can t. Each appli cation mu st be complete and be able to tand on it s own merits . If an appli ca nt requir es acco mmod ation s, or has difficultie s submittin g their appli ca tion(s) v ia Grants .gov and is unabl e to res ol v e their Grants.gov iss ue(s) via the Grants.g ov Online H elp and/or Support Desk , that applic ant should co ntact the NGDISM Grants Team prior to th e deadlin e date via email at PHMSAPipelineBILGrant@dot.gov to re qu es t an altern ative mean s to submit their application(s). U.S . DOT/PHMSA Page 22 of 40 FY 2024 atural Ga s Distribution Infrastructure Safety and Modernization Grant Program Page 250 of 284 NOFO 693JK324NF0013 Electronic File/Attachments Format: All application/attachment file formats are to be Word , Exce l, PowerPoint, Adobe , and/or picture/image (GIF, JPEG , PNG) formats. For any other file formats, PHMSA does not have the app li cation/software to open/view these files and any information in other file formats wi ll not be considered during the application review(s). To begin the application process , applicants must be registered with Grants .gov to submit an application. See Grants .g ov section below . Fai lure to comply with the prescribed application requirements may resu lt in the failure of an application to be reviewed . Access ing Federal Grant Systems: PHMSA acknowledges applicants may experience technical issues with federal grant systems' sites, which are outside of PHMSA's control. PHMSA recommends applicants utilize the sites' respective help desks to resolve any technical issues well before the NOFO's closing date. Although PHMSA wi ll provide any assistance it can , all applicants are ultimately responsible for working directly with Grants.gov and/or SAM.gov to resolve te chnical issues . 1. Grants.gov. In order to apply for NGDISM grant funding under this announcement , all applicants are to be registered as an organization with Grants.gov. For new users , it is highly recommended that applicants begin the registration process and become familiar with the Grants .gov web site as soon as possible to avoid delays in submission. For new users, go to http ://www.grants.gov/web/grants/applicants .htrnl or go to the main page at Grants .gov and se lect "Get Starte d", and then "Register." OTE: New user registrations for Grants.gov may take up to two weeks to complete . Options for additional questions on how to register and/or to resolve Grants.gov issues are: • utilize Grants.gov Online Self-Help (https ://gditshared.servicenowservices .com/hhs grants), • utili ze Grants.gov "Create a Ticket" feature (https ://gditshared.servicenowservices.com/hhs grants ), • contact Grants .gov Support Desk, 24 hours a day , 7 days a week, excluding federal holidays, by phone at 800 -518-4726 or by e-mail at support@grants.gov . PHMSA encourages ap plicants to utili ze th e Grants.gov Workspace feature. This feature all ows app licants to ass ign role so that multiple indi viduals can work on an application . For more inform atio n about the workspace , please rev iew this short Grants.gov video . 2. Sam.gov. Applicants may : • se SAM .gov self-help opt ions to sea rch help articles to find an answer ; or, • Ask th e Federa l Service Desk by calling them at 866-606-8220, Monday - F rid ay 8 a.m. to 8 p .m. ET; or creating an incident ticket via https ://www.fsd.gov/gsafsd sp . U .S . DOT/PHMSA Page 23 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 251 of 284 NOFO 693JK324NF 0013 3. FedConnect. Applicant s are encouraged to register for an account with FedConnect at https://www .fedconnect.net before submitting an application . Your organization's Marketing Partner Id entification Number (MPIN), which can be retrieved from the Sys tem for A ward Management (SAM), i s required to create an account. Instructions on how to re gister in FedConnect and how to us e the portal are on the FedConnect home p age. For other technical is sue s or que stions, e-mail fcsupport@unisonglobal.com or call 1-800-899-6665 , option 2. The FedConnec t Support Center is staffed Mo nday-Frid ay 8 a.m. to 8 p .m., EST, except federal holiday s. SECTION E -APPLICATION REVIEW INFORMATION E.1 Criteria PHMSA developed criteria to evaluate submitted applications. Submission of an application is not a guarantee of award . PHMSA may , at it s di scretion , award grant fund s base d on an application in its entirety , award grant funds for portions of an application , or not award any grant fund s at all. Merit Criteria: The criteria that follow are for evaluation purpo ses only. Do NOT submit responses to the questions below as part of an app li cation package . PHMSA will use these criteria to evaluate and rate applications . Technical Review Criteria PHMSA w ill eva lu ate th e extent to wh ich the project wi ll address the following technical criteria : 1. To what extent do es th e application 's proposal relate to repairing, rehabilitating , or rep l acing a natural gas distribution pipeline system or portions of it , or acquiring equipment to ( 1) reduce incidents and fata li ties; and (2) avo id economic losses of natural gas di stribution sys tem s? 2. Does the application 's project scope es tablish clear goals an d objectives? 3._ \Nh at is the age of the pipeline proposed to be rep laced , and the specific pipeline materials being rep laced, rehabilitated, or repaired? 4 . Doe s th e app li cati on adeq uately justify th e project cost and the project timeline? 5 . Does th e app li cation provide adequate specifics and descriptions of design and construction ac ti vities /tasks proposed? 6. Does the appli cation include a safety risk profile for the proposed project(s), and is it in lin e with the operator 's most recent DIMP? 7. What is the likelih ood that the project(s) outlined ca n b e complete d within the period of p erformance? 8. Does the most recent Gas Distribution Annua l Report sup port the need s stated in the applic ati on and the de scription of the existing gas distribution in frastructure? U.S. DOT/PHMSA Page 24 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Mo derni zation Grant Program Page 252 of 284 NOFO 693JK324NF0013 9. For applications req uesting funds to acquire equipment, what is the potential of the equipment to reduce incidents and fatalities and help avoid economic losses of natural gas distribution systems? Programmatic Review Criteria PHMSA will evaluate the extent to which the project will address the following programmatic criteria: 1. To what extent is the applicant's pipeline actively leaking ? (For example, actively leaking , prone to leaking , or preventing potential leaks from happening in the future?) 2. What are the total number of miles the applicant proposes to repair, replace, or rehabilitate ? 3. What is the project 's potential to reduce methane/greenhouse gas emissions? 4. What is the project 's estimated ability to complete the National Environme ntal Policy Act (NEPA) process if it needs a right-of-way? (For example , does the applicant currently have control of the proposed project site?) 5. Is the US Census tract of the proposed project fully, partially, or not at all located in a disadvantaged community or a community facing other relevant disadvantages or burdens , such as those related to lack of transportation investments or opportunities? 6. Is there any potentially immediate danger that the existing infrastructure poses that may result in fatalities, injuries, or environmental hazards? 7. Do es the budget narrative align with the SF-424A (non-construction) or SF-424C ( construction)? 8. Does the total cost per project equal the federal amount requested on the SF-424? E.2 Review and Selection Process 1. Administrative/Intake Review: PHMSA wi ll condu ct an administrative /intake review to ensure the application meets the eligibib ty criteria. Each application will be reviewed for completeness to ensure it includes all the required elements to qualify for the grant. During the Administrative/Intake review , if applicab le, PHMSA may request, one-time only (via e-mail), for an applicant to ubmit any missing required document(s)/fonn(s) to complete their grant application package. This is not an opportunity to rewrite/change any app li cation docum ents that were not requested by PHMSA. If an applicant doe sn 't reply to PHMSA 's one-time request within the deadline stated in PHMSA 's reque st, their applicant package may be incomplete/ineli gible and not move forward in PHMSA 's review process. Once Adm ini strative /Intake is completed, including the one-time request for missing documents , to ensure a fair and unbiase d evaluation of all submitted applications , PHMSA wi ll not request additional information from applicants regarding their grant applications . If the application does not meet the required elements in this NOFO , then the application is li kely to be rejected/rated Not Acceptab le. U.S . DOT/PHMSA Page 25 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 253 of 284 NOFO 693JK324 F0013 2. Technical Review: PHMSA will conduct a technical review to assess how the proposed work is to be performed and whether the app lic atio ns are responsive to the applicable program requirements as identified in Section E .1. Technical review members may consist of representatives from pipeline safety stakeholder groups who are not competing for this grant program, the public , and/or PHMSA pipeline staff. Review members wi ll all be screened against conflicts of interests by a signed Non-Disclosure and Conflict of Interest certification . 3. Programmatic Review: PHMSA wi ll conduct a programmatic review to assess programmatic factors identified in Section E.1. Programmatic factors are those relevant and essential to the process of selecting applications that best achieve the program objectives , in accordance with applicab le statutes, regul ations, policies , and guidelines . Additional Priorities and Selection Considerations : After completing the merit review , among projects of similar merit, PHMSA may prioritize projects according to the following key Administration and DOT objectives : Safety: PHMSA will assess the project's ability to commit to advancing safe , efficient transportation. Applicants must address how their project provides substantial safety benefits. Projects that have the potential to pro vide the greatest safety benefits for both people and the enviromnent, such as those which seek to address active leaks, may be prioritized . Applicants should include how their project will not negatively impact the overall safety of the public . Climate Change and Sustainability : PHMSA wi ll assess how the applicant addresses the project's cons ideration of climate change and en vironmental justice in the planning stage and in project delivery. In particular, PHMSA will consider estimated methane leakage reduction attributable to the project as meth ane is a potent greenhouse gas. PHMSA will consider how the project incorporates evidence-based climate resilience measures and features . PHMSA will also consider whether the project avoids adve rse environmental impacts including , but not limited to air and water quality , wetlands , endangered species , cultural resources , Section 4(f) properties , Tribal treaty rights, and other aspects of the hum an environment, as we ll as addres s di sproportionate negati ve impacts of clima te change and pollution on disad vantage d com muniti es, including natural di sas ters, w ith a focu s on prevention , respon se, and recovery . Workforce Deve lopment, Job Qu ali ty, and Wealth Crea tion : PH MSA will assess the project 's ab ility to : • expand stron g labor standards, 11 including not onl y co mplianc e with pr eva iling wage requirements but also construction labor pro visio ns th at are relevant to the project. • includ e high-qu ali ty workforce deve lopment pro gra m s with supp ort ive se rvices to help train , pl ace and retai n peo ple in goo d-pay ing jobs or re gis tered apprentic es hip . • demon s trate clear utili zation of lo ca l and eco nomic hiring preferences that ensure workers o n the project come from di sadva ntaged commun iti es. 11 See Definitions section , Good -pa y in g job s. U .S. DOT/PHMSA Page 26 of 40 FY 2024 atural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 254 of 284 NOFO 693JK324NF0 013 • track and publish aggregate workforce data , including information on demonstrating that emp loyment opportunities are available to historically underserved workers in their communi6es. • include lo ca l inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Busine ss Enterprise s, Minority-Owned Businesses , Women-Owned Businesses, or 8(a) firms . • describe a state/regional/local comprehensive plan to promote equal opportunity, including removing barriers to hire, prevent harassment on work sites , and ensure that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity.12 Equity: PHMSA will assess the project 's ability to create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with Executive Order 13985 , Advancing Racial Equi ty and Support for Underserved Communities Through the Federal Government (86 FR 7009). PHMSA will assess how the app li cant addresses the project's consideration of climate change and environmental justice in the planning stage and in project delivery. Geographic Diversity : When selecting awardees , PHMSA may consider geographic diversity , including the b alanc e between urban , rural, and tribal communities. Ratings Guidelines: After app lying the merit criteria in Section E .1, each applica6on will be assigned an overall rating of Highly Recommended , Recommended , Acceptab le, or Not Acceptable . The technical criteria will be weighed more heavily than the programmatic criteria . PHMSA will then app ly the se lection considerations listed in Section E.2 before making award recommendations . The following is a li st of ratings and their corresponding definitions: Highly Recommended : The application demonstrates that the NOFO requirements are very well under stood , and the approach will li kely result in high-quality p erfo1mance . The application clearl y addresse s and exceeds requirement s with no weakn esse s. The application conta in s outstanding features that meet or exceed the expectations of DOT on multiple dimension . The application scope aligns extrem ely well with DOT objecti ves and priorities . The ri sk o f p o or perfom1anc e is very lo w . Recommended: Th e appli cati on demonstrate s that th e NOFO r equirem en ts are und er sto od, and th e appro ach will likel y re sult in sati sfact ory perfonnan ce. The appli cati on addr esses and mee ts requirements with som e minor but correctable weakne sses. Th e applic ation demonstrates requisite experience , qualification s, and performance cap abiliti es. The application scope ali gns w ith DOT objecti ves and prioritie s. The ri sk of poor performance is low . 12 See Definition s section , Equ al Opp ortunity Plans. U.S. DOT/PHMSA Page 27 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 255 of 284 NOFO 693JK324NF00 13 Acce ptable: The applicati on demonstrates that the NOFO requirements are mostly und ers tood , and the appro ach w ill likel y result in satisfactory performan ce of part of the requirements. The application addresses so me of the requirements with some weaknesses. The application demonstrates some experience, qualification s, and/or performance capabilities. The application partially align s w ith DOT objectives and priorities. The risk of poor performanc e is mod erate. Not Acce ptable: The application doe s not meet the NOFO requirements . The application fails to address many requirements. The applicant may b e ineligible to apply for the grant. The application could not satisfy critical requirements without a major revision and/or a rewrite of the application or a majoi: redirection effort. The app lication sco p e do es not align with DOT obj ectives and pri orities. The risk of poor performance is high . Selection Process: PHMSA wi ll recommend applications for provisiona l award base d on the Rating Guidelines above . PHMSA may not be able to award grants to all eligible ap plications even if they meet or exceed the evaluation criteria. Final award recommendations will be made by PHMSA 's D ep u ty Administrator after taking into consideration recommendations made during the administrative/intake , te chnical, programmatic reviews , and how well the applications addres s PHMSA 's selection considerations. The Secretary of Transportation , or de signee, w ill mak e final award se lection decisions. Grant awards are considered provisional until PHMSA sati sfies its responsibilities under the Na tion al Environmental Policy Act (NEPA) and a grant agreement is executed between the app lic ant and PHMS A. E.3 Database for Integrity and Performanc e of Aw arded Federal Grant s Prior to makin g a federal award wi th a total amount of the federa l share greater than the simplifi ed acqui sition threshold , PHMSA is r equired to review an d consi d er any information abo ut the app licant that is in the designated int egrity and performance system accessible through the SAM .gov Responsi bili ty/Qualification infom1 ation (formerly call ed Federal Awardee Performance and Integrity Information Sys tem (FAPIIS)) (see 41 U.S .C. § 23 13). An appl icant, at its opt ion, may r eview the Respon sibility/Qualifi cation information through SAM.gov and co mment on any infonnation about itself th at a federa l awarding agency previously entere d an d is currently in the Respon sibility/Qualificat ion infom1 ation. PHMSA will cons ider any co mment s by the applicant, in addition to the other Responsibi li ty/Qualification informati on , in m aking a judgment about the appl icant's integrity , business eth ic s , and record of perfo1mance under federal awards wh en comp letin g the r eview of ri sk po sed by applicants as described in 2 CFR § 200 .206. E.4 Anticipated A nnounc ement an d Federal Award Dates U .S. DO T/PHMSA P age 28 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Mo derni zation Grant Program Page 256 of 284 NOFO 693 JK324NF0013 Applicants chosen for funding wi ll receive electronic notific ation of the federal award. Upon notification, the applicant 's authorized representati ve/official must sign and return the award within the timeframe prescribed by PHMSA . SECTIO F -FEDERAL AW ARD ADMINISTRATION INFORMATION F.1 Federal Award Notice PHMSA 's grant awarding official will award grants to respon sible and eligible applicants, at its discretion , whose applications are judged meritoriou s under th e procedures set forth in thi s NOFO . Following the evaluation outlined in Section E, the selected grant award recipients will be announced by the Secretary of Transportation via the USDOT Office of the Secretary's Newsroom webpage (https ://www.transportation .gov/newsroom). Recipients of an award wi ll not recei ve lump-sum cash disbursement s at the time of award announcement or obligation of fund s. If applicable, grant agreements will not be executed until the project has fully complied with the required NEPA process. PHMSA will reimburse recipients only after grant agreements have been executed, after allowable expenses have been incurred, and after valid requests for reimbursement have been submitted and approve d by PHMSA. NGDISM grant recipients mu st adhere to applicable requirements and follow established procedures to receive reimbur sement. PHMSA will pro vi de webinars and one-on-one training for all new awardees to en sure that the proper tools and resources are provided to recipients . The se webinars will be ongo ing and will address ho w to comply with NEPA and Civil Rights requirements, how to submit reimbursement requests, how to prepare and submit federal financial reports, how to prepare and submi t progress reports , and how to prepare for a program or single audit. A ll fund s provided by PHMSA must be expended so lely for the purpose for which the funds are awarded in accordan ce with the approved application and budget, regulations , terms, and conditions of the award, app licable federal cost principles , environmental compliance as specified, and the DOT's financial ass istance regulations . Funds may not be use d for lobb ying or litigation . The grant award agreement , sign ed by both the PHMSA Agreement Officer and the recipient's Authori ze d R epresentative , is the authorizing document and will be provided through electronic means to the Authori zed Representati ve . The award document wi ll provide pertinent instructions and inform ation including , at a minimum , the : 1. the lega l nam e and address of recipi ent. 2 . title of project. 3 . nam e(s) of ke y personnel chosen to direct an d control approved activit ies . 4 . Federal Award Id entificati on Numb er ass igned by PHMSA. 5. Period of Performance , sp ecifying th e duration of th e project. 6 . total grant funding amo un t PHMSA approved for the project. 7 . lega l authority(ies) und er which the award is issu ed. 8 . Ass istance Listing Program Numb er (formerl y CFDA). U.S. DOT/P HMSA Page 29 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Moderni zation Grant Program Page 257 of 284 NOFO 693 JK324NF 0013 9. applicable aw ard term s and condition s. 10 . approved budget plan for categorizing allocable project funds to accomplish th e stated purpose of the award . 11 . other information or prov isions deem ed necessary by PHMSA. F.2 Administrative and National Policy Requirements In connection with any program or acti vity conducted with or benefiting from funds awarded under this NOFO , recipients must comply with all applicable requirements of federal law , including , without limitation, the Constitution of the United State s; the conditions of performance , nondiscrimination requirements, and other assurances made applicable to the award of funds in accordance with DOT regulations ; and applicable federal financial assistance and contracting principles promulgated by the Office of Management and Budget (0MB). In compl ying with these requirements , grant recipients must ensure that no concession agreements are denied, or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If the Department determines that a recipient has failed to comply with applicable federal requirements , the Department may terminate the award of funds and disallow previously incurred costs , requiring the recipient to reimburse any expended award funds . The administration of this award by PHMSA and the recipient will be based on the following federal statutory and regulatory requirements : 1. Infrastructure Investment and Job s Act (Publi c Law 117-58). 2 . 2 CFR Part 200 -Uniform Admini strative Requirements , Cost Principles , and Audit Requirements for Federal Award s. 3 . New Restrictions on Lobbying . 49 CFR Part 20 , ''New Restriction s on Lobbying ," w ill be incorporated by reference into any award under tlu s program and is available at https ://www .ecfr .gov/ by clicking on "Title 49 , Subtitle A, Part 20 ." 4 . Civil Rights an d Titl e VI. As a co ndition of a gr ant award , gr ant r ecipi ent s will demon strate that th e rec ipient has a plan for compliance with civil right s obli g ati ons and n ondiscrimi nation laws , includin g Titl e VI of th e C ivil Rights A ct of 1964 and im p lementing reg ul ati ons (49 CFR Part 21), th e America ns with Di sabi lities Act of l 99 0 (ADA), and Section 504 of th e R eh abili tation Act, and all oth er civil rights req uirement s, and acc ompany in g regul atio ns. Thi s should includ e a curre nt Titl e VI pl an , completed C ommuni ty P articip ati on Plan , and a pl an to addr ess any leg acy infras tructure or fac iliti es th at are not co mpli ant w ith ADA stand ard s . DO T's and the appli ca bl e Op eratin g Admini strati ons' Office of C ivil Ri ghts will work with awa rd ed grant rec ipi en ts to en sur e full co mpli an ce with Federal civil ri ghts r equir em ent s. U.S . DOT/PHMSA Page 30 of 40 FY 2024 Natural G as Di stributi on Infrastructur e Safet y and Modernization Grant Program Page 258 of 284 NOFO 69 3JK.3 24NF0013 5 . Drug-Free Workplace. 49 CFR Part 32, "Government wide Requirements for Drug-Free Workplace (Financial Assistance)," which implements the requirements of Public Law 100-690 , Title V , Subtitle D , "Drug-Free Workplace Act of 1988 ." 49 CFR Part 32 will be incorporated by reference into any award under this program and is available at: https://www .ecfr .gov/ by clicking on "Title 49 , then "Subtitle A ", and then "Part 32." 6 . Executive Orders : "Advancing Racial Equity and Support for Underserved Communities Throughout the Federal Government" (EO 13985); "Revitalizing Our Nation 's Commitment to Environmental Justice for All " (EO 14096); "Federal Actions to Address Environmental Justice in Minority Populations " (EO 12898); "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis " (EO 13990); Implementing the Infrastructure Investment and Jobs Act (EO 14052); and "Tackling the Climate Crisis at Home and Abroad " (EO 14008). 7. National Environmental Policy Act and applicable environmental and historic preservation laws , as well as compliance with mitigation actions described in the completed Tier 2 -Site Specific Environmental Assessment during construction or repair activities . 8. Domestic Preference Requirements : As expressed in Executive Order 14005 , 'Ensuring the Future is Made in All of America by All of America 's Workers ' (86 FR 7475), the executi v e branch should maximize , consistent with law , the use of goods , products , and materials produced in, and services offered in , the United States. Funds made available under this notice are subject to the domestic preference requirement of the Build America , Buy America ("BABA ") Act, located in the Infras tructure Investment and Jobs Act , Div . G §§ 70911-70917. The Department expect all applicants to comply with that requirement. 9 . Critical Infrastructure Security, Cybersecurity and Resilience: It is the polic y of the United States to stren gthen the security and resilience of its critical infrastructure again st all hazards , including physical and cyber ri sks , con si stent with Pre sidenti al Polic y Directive 21 -Critical Infrastructur e Security and R es ilience , and th e N ational Security Memorandum on Impro vin g Cyber s ecurity for Criti ca l In frast ru cture Control Sys tems. Each applic ant se lec t ed for Fe dera l fundin g must dem onstr ate, prior to the signing of the grant agree ment, effo 1i to co n sid er and ad dr ess ph ys ical and cyb er se curity ri sks releva nt to the tr an sp orta tion mo de and ty pe and scale of th e proje ct. Proj ects that have no t appropri ately co n sid ere d and addre ss ed phys ical and cyb er securi ty and res ili enc e in th eir pl annin g, des ign, and project over sight , as determined by th e D epartm ent and th e D epartm ent of Homeland Security , will b e r equired to do so b efore r eceiv in g fund s . 10. F ed eral Contrac t Co mpliance: As a condition of grant aw ard and co nsistent with EO 11246 , Equal Emplo yment Opportunity (30 FR 12319 , and as amended ), all U.S . DOT/PHMSA Page 31 of 40 FY 2024 Natural Gas Di stribution Infrastructure Safety and Moderni zation Grant Program Page 259 of 284 NOFO 693JK324NF0013 federall y assisted construction contractors are required to make good faith efforts to meet the goals of 6 .9 percent of construction project hours being performed by women , in addition to goals that vary based on geography for construction work hours and for work being performed by people of color. Under Section 503 of the Rehabilitation Act and its implementing regulations , affirmative action obligations for certain contractors include an aspirational employment goal of 7 percent workers with disabilities . The U.S . Department of Labor 's Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing Executive Order 11246 , Section 503 of the Rehabilitation Act of 1973 , and the Vietnam Era Veterans ' Readjustment Assistance Act of 1974 . OFCCP has a Mega Construction Project Program through which it engages with project sponsors as early as the design phase to help promote compliance with non-discrimination and affirmative action obligations . OFCCP w ill identify projects that receive an award under this notice and are required to participate in OFCCP's Mega Construction Project Program from a w ide range of federally ass isted projects over which OFCCP has jurisdiction and that have a project cost above $35 million . PHMSA will require project sponsors with co sts abov e $35 million that receive awards under this funding opportunity to partner with OFCCP , if selected by OFCCP , as a condition of this award . 11 . Performance and Program Evaluation : As a condition of grant award, grant recipients may be requir ed to participate in an evaluation undertaken by DOT or another agency or partner. The ev aluation may take different form s such as an implementation assessment acro ss grant recipients, an impact and/or outcome s anal ys is of all or selected site s within or acro ss grant recipi ents, or a benefit/co st analys is or ass ess ment of return on in vestment. DOT may require applic a nts to collect data elements to aid the evaluation an d/or use informati on availabl e through other reportin g . A s a p art of the evaluation , as a condition of award , grant recipients must agree to : (1) make records available to the ev aluation contractor or DOT staff; (2) provid e ac cess to program record s, and any oth er relevant docum ents to calcul ate co sts and b enefit s; (3) in the case of an imp act analys i s, fa cilitate th e access to relevant in fo rmation as reque sted; and (4) fo llow eva lu ation pro cedures as sp ecifi ed by the eva lu ation contractor or DOT s taff. R ecipi ents and subr ec ipi ents are also enco ur age d to inco rp orate program eva lu ation in cluding assoc iat ed d ata co ll ection activities fr om the outse t of th eir program des ign and impl em ent ati on to m eanin gfull y d ocum ent and m eas ur e their prog r ess toward s mee tin g an age nc y pri ori ty goal(s). Title I of the Fo unda ti on s for Ev id ence -B ase d P oli cymakin g Ac t of 201 8 (Ev id en ce A ct), Pub. L. No . 11 5-4 3 5 (2 01 9) ur ges F ed eral awardin g agen cies and Fe d eral ass istan ce rec ip ient s and sub rec ipi ents to u se progra m eva lu ati on as a criti ca l too l to learn , to imp rove equit ab le deli very , and to ele vate pro gram serv ice and deli very across th e pro gra m lifecyc le. Eva lu ati on mean s "an assess m ent us in g syste mati c data co ll ect ion and an alys is of on e or mor e pro gram s, p oli cie s, and organi za ti on s U.S . DOT/P HMSA Page 32 of 40 FY 20 24 N atural Gas Di stributi on Infrastructure Safety and Modernization Grant Program Page 260 of 284 NOFO 693JK324NF0013 intended to ass ess their effectiveness and efficiency ." 5 U.S .C . § 311. Credible program evaluation activities are implemented with relevance and utility , rigor, independence and objectivity , transparency , and ethics (0MB Circular A-11 , Part 6 Section 290). For grant recipients receiving an award , evaluation costs are allowable costs ( either as direct or indirect), unless prohibited by statute or regulation , and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis , performance, and evaluation . (2 CFR Part 200). This paragraph does not authorize pre-award costs and grant recipients must separately obtain PHMSA 's written approval to fund pre-award costs consistent with 2 CFR § 200.458 . 12 . Project Signage and Public Aclrnowledgements : Recipients are encouraged for construction and non-construction projects to post project signage and to include public acknowledgments in published and other collateral materials (e .g., press releases , marketing materials , website, etc .) satisfactory in form and substance to DOT , that identifies the nature of the project and indicates that "the project is funded by the Bipartisan Infrastructure Law ". In addition , recipients employing project signage are required to use the official Investing in America emblem in accordance with the Official Investing in America Emblem Style Guide. Costs associated with signage and public acknow ledgments must be reasonable and limited . Signs or public acknowledgments should not be produced, displayed, or published if doing so results in unreasonable cost, expense , or recipient burden. The Recipient is encouraged to use recycled or recovered materials when procurmg signs . Req uir ements if PHMSA notifies an applicant of its intent to make a federal award. Not required as part of the application package . Only required if prov isionally selected for a NGDISM award . Environmental. Each provisionall y selected appli cant must as sist PHMSA in completing site-sp ecific documentation to comply with the N ational Environmental Polic y Act (NEP A), and associ ated env ironmental laws , b y providing project sp ecific infom1ati on, includin g but not limited to , the scope of the work , location of th e w ork, and env ironm enta l resource s within the proj ect area . PHMSA pr ep are d a Ti er 1 Enviro nmental Assess ment (EA) (https ://www.regulations .gov/document/PHMSA-2022-0123-000 I ( click on downlo ad)) for th e GDISM Gran t Program to inform th e site sp ecifi c environmental anal yses . A N EPA environm ental d ocum ent sh ould not be complet ed w ith the grant applicati on . However, th e appli cant should condu ct a hi gh-l eve l screening of environmental imp ac ts (i .e., presence of end ang ere d sp eci es , potential ad ve rse impact s to hi stori c prop erti es , Se cti on 4(£) prop erti es , constru c tion within th e U.S . DOT/PHMSA Page 33 of 40 FY 2024 Natural Gas Di stribution Infrastructure Safety and Modernization Grant Program Page 261 of 284 NOFO 693 JK324NF0013 high-water marks of a strea m, etc .) to inform the project schedule, budget, alternatives , and mitig ation in the early planning stages of project development. PHMSA will serve as the lead federal agency for the NEPA process . PHMSA is committed to providing technical assistance to applicants during the preparation of the environmental analysis and documentation . PHMSA and the applicant may deve lop additional mitigation me a's ures if the environmental anal ys is identifie s effects not di sclosed in the Tier 1 Environmental Assessment (EA). PHMSA may seek public comment during the environmental analysis based on the potential effects from the proposed project. PHMSA will make a NEPA class of action determination based on the significance of the impacts the project will likely have on the human and natural environment. If significant impacts are identified , an environmental impact statement will be required. If the NEPA process cannot be satisfactorily completed, PHMSA reserves the right to rescind the pro vis ional award. Payment Requests and Receipt of Reimbursements via E-Invoicing Recipients of PHMSA grants must u se the DOT Delphi e-Invoicing System to submit and receive their reimbursements . Recipient must have internet access to register, submit payment request s, and receive payments electronically. Once a DOT agency has establi shed your grant , the agency submits an access request for recipient to access the Delphi elnvoicing System. Recipi en t will receive an e-mail invitation to register from th e DOT. During registration process , recipi ent mu st have the Proof of Identity form validated by a Notary Public and mai l the notarized fom1 to the DOT vi a certified mail (USPS, FedEx , UPS) to the address provided on the fonn . All recipients have up to 120 days after the period of performance has ended to submit reimbursement requests to PHMS A for incurred proj ect-related costs . F.3 Reporting Requirements Reportin g of Matters Related to Recipient Integrity an d P e rformance If the total va lu e of an app li cant 's currently active gra nts, cooperative agreements , and procurement contrac ts from all federal awarding agenc ies exceeds 10 ,000 ,000 for any period of tim e during the peri od of p erfom1ance of thi s fe deral award , then th e rec ipi en t durin g that period of time must maint ain the curr ency of infonnation reported to SAM that is made availabl e in the designated integrity and p erfom1ance system , Respon si bility/Qu alifi cation information (formerly ca ll ed Federal Awardee Performance and Integrity Information System (FAPIIS)) about civi l , crimin al, or admini strative proceeding s descri b ed in paragraph 2 of 2 CFR Appen dix XII to Part 200. Thi s is a statutory requirement under section 872 of Public Law 110-417 , as amended (1l U.S.C. 2313 ). As required by section 3010 of Public Law 111-212 , all information po ste d in the U.S . DOT/PHMSA Page 34 of 40 FY 202 4 Natural Gas Di stributi on Infrastructure Safety and Modernization Grant Program Page 262 of 284 NOFO 693JK324NF0013 designated integrity and performance system on or after April 15 , 2011, except past performance reviews required for federal procurement contracts , wi ll be publicly available . Progress Reporting on Grant Activities Grant recipients will be required to comply with all PHMSA reporting requirements , including quarterly progress reports, quarterly federa l financial reports , and final performance and financial reports. Grants recipients must also comp ly with applicable auditing , monitoring , and close-out requirements . Unless otherwise instructed in the grant terms and conditions , reports must be submitted to PHMSAPipelineB ILGrant@dot.gov . Pursuant to 2 CFR § 170.210, non-federal entities applying under this NOFO must have the necessary processes and systems in place to comply with the reporting requirements of the Transparency Act 13 should they receive federal funding . Quarterly Reporting Each recipient is required to submit a quarterly progress report (Interim SF-425). Quarterly financial reports and quarterly progress reports are submitted by e-ma il to PHMSAPipelineBlLGrant@dot.gov . The quarterly reports are due no later than 30 days after the end of each reporting period. Each applicant se lected for funding must collect information and report on the project's performance using measures mutually agreed upon by PHMSA and the recipient to assess progress in achieving strategic goals and objectives . Final Progress Report s Each re cipient is required to submit a final progress report and final Federal Financial Report (Fi nal SF-425). Final financial reports and progress reports are submitted by e-mail to PHMSAPipelineBILGrant@dot.gov. The reports are due no later than 120 days after the perfo1mance period ha ended. Final progress reports must follow the in structions outlined in the terms and con diti ons of the grant award , and must include : 1. A summary of the activities and outputs that took place during the period of performance-including estimated reduction in risk of fatalitie and /or serious injuri es, and estimated reduction in methane emissions. If the proje cted outputs listed in the approved Project Narr ative \Vere not met , an explanation should be provided. 2. Challenges the recipient faced , and stra tegies taken to mitigate such cha llen ges. 3. A complete tim eline of the act ivitie s that took place during the completed period of performanc e. 4 . As avai lable , impact statements or analyses regarding the impact that current period of performan ce grant activitie s have had on infrastructure impro vement for communities , pipeline safety , and mitigation of environmental ha zards. 13 See Definiti ons section, Federal Funding Accountability and Transparency Act U.S. DOT/PHMSA Page 35 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 263 of 284 NOFO 693JK324NF0013 Also see Performance and Program Evaluation . A ll applications /reports will be made availab le to the public upon request as described in Section H . Audits A non-federal entity that expends $750 ,000 or more in federal funds in one year must hire an independent auditor to conduct a Single Audit or a Program Specific Audit for any year in which the expenditure of federal awards totals 750,000 or more. The purpose is to ensure recipients receiving federal grant funds have adequate internal controls in place and use federal funds in compliance with the government's requirements . Audit costs related to this program may be included in your proposed budget and charged to the grant if selected for an award. For detailed requirements regarding Single and Program Specific Audits , see 2 C.F.R. § 200 .501. NGDISM grant recipients , including those who recei v e less than $750,000 , should expect to have a PHMSA-initiated site visit or desk review to ensure compliance with federal grant regulations and the terms and conditions of the grant award . Site visits will provide PHMSA the opportunity to meet with recipients onsite to rev iew the status of the funded project, assess internal control systems , and provide guidance. A desk review is conducted remotely and focuses predominantly on the financial aspects of the funded project. PHMSA expects to conduct either a site visit or a desk review once for each award period . Recipients may also request onsite or remote tech.meal assistance from PHMSA , as needed . SECTION G -FEDERAL AWARDING AGENCY CONTACTS PHMSA NGDISM Program Team NGDISM Grant Team Phone: 202-366-7652 E-mail: PHMSAPipelineBILGrant@dot.gov Grants.gov Contact Center Phone: 800-518-4726 E-mail: support@grants.gov Federal Se rvic e Desk (F SD) -SAM.gov Support Phone : 866 -606-8220 Web site: https:/ /www.fsd.gov/ SECTIO N H -OTHER INFORMATIO N Freedom of Information Act: DOT regul ation s impl ementin g the Free do m of In fo rm atio n Ac t (FOIA) are fo und at 49 CF R P art 7. 49 CF R Part 7 require PHMS A to mak e r equ es ted materi al s, info1mati on , an d r ec ord s publi cly ava il abl e under FOIA. Unl es prohibit ed by law and to th e ex tent permitted under FOI A , co ntent s of NGDISM application s may be rele ase d in res po nse to FOIA requ es ts . U.S . DOT/PHMSA Page 3 6 of 40 FY 20 24 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 264 of 284 NOFO 693JK324NF0013 Protection of Confidential Business Information/Freedom of Information Act: • All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards , to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that infom1ation in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application . • For the separate document containing confidential information , the applicant must: (1) state on the cover of that document that it "Contains Confidential Business Information" (CBI). (2) mark each page that contains confidential information with "CBI." (3) highlight or otherwise denote the confidential content on each page. (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. • DOT will protect confidential information complying with these requirements to the extent required under applicable law . • If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, or that DOT has some other reason to believe may contain confidential commercial information, DOT will follow the procedures described in its FOIA regulations at 49 CFR § 7.29. Uninterrupted Service Delivery Provisions in Federal Financial Assistance Awards and Subawards: Contractual terms requiring that federally funded services not be subject to disruption due to labor disputes are known as "uninterrupted service delivery " provisions. 2 CFR Part 200 does not prohibit recipients of federal financial assistance from including uninterrupted service delivery requirements in their subawards or contracts when , in the recipient 's sound business judgment, the requirement will contribute to the economy and efficiency of the project and when otherwise con sistent with federal law applicable to the program . U.S . DOT/PHMSA Page 37 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 265 of 284 NOFO 693JK324NF 0013 DEFINITIO NS Areas of Persistent Poverty -In this co ntext, Areas of Persistent Poverty mean s: (1) any county that has consistently had greater than or equal to 20 percent of th e p opulation living in po verty during the 30-year period preceding November 15 , 2021, as measured by th e 1990 and 2000 14 decennial census and the mo st recent annual Small Area Income Poverty Es tim ates as estimated by the Bureau of the census 15; (2) any census tract w ith a poverty rate of at least 20 percent as mea sured by the 2014-2018 5-year d ata serie s available from the American Comm unity Survey of the Bureau of the Census 16 ; or (3) any territory or p ossession of the United States. A county sati sfies this definition only if 20 percent of it s population was li ving in po verty in all three of the listed dataset s: (a) the 1990 decennial cen sus ; (b) the 2000 dec ennial census ; and (c) the 2020 Small Area In come P overty Estimates . Th e Departm ent lists all counties and censu s tracts that meet this definition for Areas of Per sis tent Poverty at https:/ /datahub. transportation.gov/stories/s/tsyd-k6ij . Compliance with Award Terms and Conditions -Submission of an application constitutes th e recipient's agre ement to comply with and spend fund s consistent with all the terms and conditions of this award . If PHMSA determines that noncompliance by the recipient cannot be remedied by imposin g additional conditions, PHMS A , as it de ems appropriate in the circ umstan ces, may: a) temporarily withh old payments pending correction of the defi ci ency by the recipient. b) disallow all , or part of, the cost of the activity or action not in compliance. c) wholly or partly suspend or terminate the federal award. d) initi ate su spension or debarment proceedings as authorized under 2 CFR § 180 . e) withhold further federal award s for the project or program. f) take other remedies th at may b e legally ava il abl e. Disad va ntaged Community or Burdened Areas -A project location is considered to be in a Disadvantaged Co mmuni ty if: 1. the project is locate d in, or benefits , a census tract id entified as disadvantage d by the Clim ate and Economic Justice Screenin g Tool 17 (CEJST). Applicants are strongly enco uraged to also use th e USDOT Equitabl e Transportation Community (ETC) Exp lorer to und erstand how their community or project area is ex periencing di sadvantage related to lack of transportation investments or opportunities and are encouraged to use this infonnation in their application to demonstrate ho w their project w ill reduc e, re verse or miti gate th e burdens of di sadvan tage . 2. th e project is located on the land of a Federall y Recogni ze d Trib e; 14 See https ://www.census .gov/data/tab les/time-s eries/dec/census-poverty .html for coun ty d ataset 15 See https ://www.census.gov/data/datasets/2020/demo/saipe/2020-state-and-county .html fo r D ece mber 2020 Small Area Income Po verty Dataset 16 See http s://data .cen sus.gov /ced sc i/table ?q=ACSST l Y2018 .S l 701&tid=ACSST5Y2018 .S 170 I &hidePreview=false for 2014-201 8 five-year data series from th e American Comm uni ty Survey 17 See https ://screeningtool.geoplatform .gov/. U.S. DO T/PHMSA Page 38 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Moderni zation Grant Program Page 266 of 284 NOFO 693JK324NF0013 PHMSA wi ll consider indicators and information that an applicant provide s that can be considered re lated to disadvantage based on an assessment of how the project could help to reduce burdens (and/or provide benefits) as shown by oth er relevant tools (such as , as cited above, the DOT Equitable Transportation Community (ETC) Tool or the Explorer Tool 18), and/or if the project is located in any territory or possession of the United States that is facing burdens that the project could help reduce , consistent with the goals of this program. Equal Opportunity Plan -An equal opportunity plan is one that include s these four main points . 1. Affirmative efforts to remove barriers to equal emp lo yment opportunity above and beyond complying with federal law and proactive partnerships with the U.S . Department of Labor 's Office of Federal Contract Compliance Programs (OFCCP) to promote compliance with the requirements of Executive Order 11246 , Equal Employment Opportunity . 2. No discrimination in the use of criminal b ackgroun d screens and taking affirmative steps to recruit and include those with prior convictions , in accordance with the Fair Chance Act and equal opportunity requirements . 3. Efforts to prevent harassment based on race , co lor, religion , sex, sexual orientation, gender identity , ability , and national origin. 4. The inclusion of training on anti-harassment and third-party reporting procedures , and rob u st anti-retaliation measures , covering employees and contractors . Federal Funding Accountability and Transparency Act of 2006 -This Act established in 2006 require s recipients of federal funding to report information about their subawards and executive compensation . Refer to Appendix A of 2 CFR Part 170 for the terms recipients will be required to comply with , including what inform ation recipients must report , where to report it, and whether any exception s app ly. Good-payin g jobs -Defined by paid wages and fringe ben efits at lea st equal to those paid for simi lar work in the community as determined by an applicable state or local prev ailing wage law , ordinance or in accordance with a wage determin ation for the loc ality is sued by the US Department of Labor under 40 U.S. C ., Chapter 3 1, Su bchapter IV. Governmentwide Debarment and Suspension (Non-procurem e nt) -Executive departments and agencies shall p articip ate in a govemmentwid e syste m for n on-procurem ent deb arm ent an d suspension. In thi s context, PHMSA ask s recipients to review the "li st of p arties exclud ed from federa l procur ement or non-pro curement programs " located on the SAM website before enterin g into a sub-award or pro cur ement contract. No sub-award or pro curement contrac t m ay be issu ed to an entity or p erson id entifi ed on the "li st of partie s exc lud ed from federal procurement or non procurement program s." 2 CFR Part 1200 -"Non-pro curement Suspension and D ebarm ent" is incorporated by referenc e into this notification . 18 See https ://experience .arcgi s.com/experienc e/0920984aa80a4362b8778d779b090723 /page/ETC-Explorer National-Results /. U.S. DOT/PHMSA Page 39 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 267 of 284 NOFO 693JK324NF0013 Title VI of the Civil Rights Act of 1964 -States that no person in the United States sha ll , on the grounds of race, color, or national origin, be excluded from participation in, be denie d b enefits of, be subject to discrimination under any program or activity receiving federal financial assistance. The recipient must comply with 49 CFR Part 21, "Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964 ." In an effort to ensure that all recipients of PHMSA funds are aware of their responsibilities under the various civil rights law s and regulations, the PHMSA Office of Civil Rights bas developed an information tool and training. These documents are found on the PHMSA website at https://www .phmsa.dot.gov/about-phmsa/civil-rights/grant-recipient-information . If there are any questions concerning your responsibilities under the External Civil Rights Program, please contact Rosanne Goodwill, PHMSA Civil Rights Director, at 202-366-6580 or by e-mail at PHMSACivilRights@dot.gov . Pipe Prone to Leakage -Pipelines that are known to leak based on the material (including cast iron, unprotected steel , wrought iron, and historic plastics with known issues). Pipeline -From 49 CFR § 192.3, pipeline means all parts of those physical facilities through which gas moves in transportation , including pipe, valves, and other appurtenance attached to pipe, compressor units , metering stations , regulator stations , delivery stations , holders , and fabricated assemblies. Recipient Responsibilities -In accepting a PHMSA financial assistance award, the recipient assumes leg al, financjal, administrative , and programmatic responsibility for administering award funds in accordance with the laws , rules , regulations, and Exec uti ve Orders governing grants and cooperative agreements, and the award terms and conditions, including responsibility for complying with any applicable provisions included in the award. Rural -Consistent with the Department 's Rural Opportunities to Use Transportation for Economic Success (ROUTES) Initiative (https://www.transportation.gov/rural), the Department recognizes that rural transportation infrastructure faces unique challenges . To the extent that those challenges are reflected in the merit criteria li sted , the Department will consider how the activities proposed in the application address those challenges , regardless of the geographic location of those activities. l Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) -The recipient (and any subrecipients) mu st co mply with the se requirements including the co st princip les which apply to the recipient, and the audit requirements the recipient mu st follo w. A recipient who expends $750 ,000 or more of federal funds , in the recipi ent's fiscal year , mu st have an audit conducted . Urban -In , relating to , characteristi c of, or constituting a town or city . U.S . DOT/PHMSA Page 40 of 40 FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Page 268 of 284 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Safety Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Evaluation Plan Fiscal Year 2024 Page 269 of 284 FY23 NGDISM Evaluation Plan Contents 1. INTRODUCTIO ...................................................................................................................... 2 2. CRITERIA .................................................................................................................................. 3 Administrative Review ................................................................................................................. 3 Technical Review .......................................................................................................................... 4 Programmatic Review .................................................................................................................. 5 3. RATING AND SCORING GUIDELINES ........................................................................... 6 4. APPLICANT SELECTION .................................................................................................. 9 Page 1 of 9 Page 270 of 284 FY24 GDISM Evaluation Plan 1. Introduction This Fiscal Year 2024 Evaluation Plan identifies the major steps and provides guidance regarding PHMSA 's evaluation and selection process for-applicants of the Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program. Grant Management Roles Grant Management -Pipeline Safety NGDISM Program Source(s) / Process Owner(s) Grants Program Director, Agreement Officer Representative Budget Certifier Grant Attorney Grant Program Support Specialist Agreement Officer Agreement Specialist Program Office Representative (OPS) Office of Chief Counsel Chief Financial Officer (CFO) Each application will be subject to the following review phases. Additional information regarding the specific criteria for each review is found below in Section 2 Criteria . 1. Retrieve the Applications -Applications submitted through Grants.gov are received and downloaded for review . 2. Administrative Review -The Agreement Specialist conducts the administrative review of each application. Each application will be reviewed for completeness to ensure it includes all required elements to qualify for the grant. 3. Eligibility Review -The Program Office Representative in coordination with the Grant Attorney conducts the eligibility review of each applicant. Ineligible applicants will not have their application package forwarded for additional re view and will be notified of their ineligibility by the Agreement Officer. 4. Technical Review -Applications are reviewed by a Technical Evaluation Panel (TEP), cons isting of subject matter experts (SMEs), to verify the technical merit of the app lication and to identify strengths and weakne sses. 5. Programmatic Review -The Office of Pipeline Safety (or Program Office) recei ves the TEP evaluation s and conducts the programmatic review . The pro gramma tic re view determines if the applicant 's propo sed budget is realistic , whether the contents of the application adhere to the program requirements set forth in the Notice of Funding Opportunity (NOFO) and is responsive to the program re view checkli st. 6. Title VI and Section 504 Review by PHMSA Office of Civil Rights (OCR) -OCR will conduct the Title VI and Section 504 comp lian ce review of each eligib le application . Page 2 of 9 Page 271 of 284 FY24 N GDISM Eva lu ation Plan 2. Criteria Administrative Review A dmini strative review consists of an intake review for completeness and an eligibility re view for app li cant eli gibi li ty . Intake R eview The administrative review will assess whether the applicant 's grant package is complete . The applic ation package is reviewed for the presence , not the quality , of the required elements spec ifi ed in the NOFO . The do cuments li sted below must be comp leted and included in application submission: • Form 424 -App li cation for Federal Assistance and either : Equipment Only without construction (p ip eline infras tructure improvements): • SF-424A -Budget Information -Non-Construction Programs • SF-424B -Assurances for Non-Construction Programs or : Construction (with pipeline infrastructure improvements) with/without equipment: • Form 424 C -Budget Information for Construction Programs • Form 424 D -Assurance for Cons truction Programs and : • Budget Narrative Attachment Form • Project Narrative Attachment Form -less than or equal to 25 pages in length • Grants .gov Lobb ying Form -Certification Regarding Lobbying • USDOT/PHMSA Standard Title VI /N on-Discrimination Assurances o Non-USDOT/PHMSA Standard Title VI/Non -Discrimination Assurances forms are not acceptable . PHMSA may request a one-time only (via e-ma il ) for an app li cant to su bmit any missing and/or incomplete required docum ent(s)/form ( ) to comp lete their grant application package. Thi s is not an opportunity to rewrite/change any appli cation documents that were not requested b y PHMSA. If an applicant doe sn 't repl y to PHMSA 's on e-tim e request within the deadline stated in PHMSA 's reque st, their appli cant pack age may be incomp lete/ineli gible and not mov e fo rward in PHMSA 's rev iew proce s. Package s that include eac h of the doc um ents a bove w ill go thro ugh t o the nex t r eview ph ase . Eligibility R e view The eligibilit y re vi ew w ill assess wh eth er th e applic ation s pas s th e fo ll owing eli gibility criteri a: 1. Th e applicant is a muni cip ali ty -own ed u tility operatin g a natura l g as di stributi on sys tem. OR 2 . The applicant is a community-o wned utility operating a natur al gas distribution s ystem . Page 3 of 9 Page 272 of 284 FY24 NGDISM Evaluation Plan AND 3. The applicant is a not-for-profit entity. AND 4. Is the applicant's proposed project to repair an existing natural gas pipeline distribution system? (Tr.ansmission lines are not eligible.) Applications that satisfy the above criteria will move to the next review phase. After reviewing the project and budget narratives, the Program Office Representative should ensure that: 1. Construction costs are related to repairing, rehabilitating , or replacing natural gas di stri bution systems. AND/OR 2. Labor costs are related to repairing, rehabilitating , or replacing natural gas di stribution systems . AND/OR 3. Equipment costs are related to repairing , rehabilitating , or replacing natural gas distribution systems. OR 4 . Equipment acquisitions (unrelated to repairing, rehabilitating, or replacing natural gas distribution system components) (1) reduce incidents and fatalities; and (2) avoid economic losses of natural gas distribution systems. If one or more of the items above applies , then the application is eligible for this grant opportunity and the application can continue to the next review phase. Technical Review Technical Evaluation Panel (TEP) members may consist of representatives from pipeline safety stakeholder groups who are not competing for this grant program , the public , and PHMSA grant speciali sts. Each member of the TEP signs a non-disclosure and conflict of interest agreement prior to pa1iicipating in the review. Each TEP member receives a technical review checklist describing bow to score applications in the Excel spreads heet calcu lation tool. Each technical review checklist wi ll provide for the evaluation of materials supporting the grant application , in cludin g rel eva nt and ap propriate application data , leak statistic , and risk ana lys is data necessary to support the grant application . The TEP wi ll be given the eligible applications and checkli st documents . They wi ll also receive an instructional briefing on how to review the applications and fill out the scorecard . The TEP wi ll be compri se d of ind jviduals with the background necessary to eva lu ate the app li cations relative to the questions outlin ed in the NOFO. The TEP wi ll begin a re view and schedule a meeting approximate ly 10-14 days later to obtain the aggregate rating for each application . Page 4 of 9 Page 273 of 284 FY24 NGDISM Evaluation Plan The criteria used to determine the aggregate rating is set forth in Section E.1 of the NOF0 (and listed below), to rank applications and begin to compile the recommendations for award. Applications will be evaluated against the following technical criteria. 1. To what extent does the application's proposal relate to repairing , rehabilitating , or replacing a natural gas distribution pipeline system or portions of it , or acquiring equipment to (1) reduce incidents and fatalities; and (2) avoid economic losses of natural gas distribution systems? 2. Does the application's project scope establish clear goals and objectives ? 3. What is the age of the pipeline proposed to be replaced , and the specific pipeline materials being replaced , rehabilitated, or repaired? 4. Does the application adequately justify the project cost and the project timeline? 5. Does the application provide adequate specifics and descriptions of design and construction activities/tasks proposed? 6. Does the application include a safety risk profile for the proposed project(s), and is it in line with the operator 's most recent DIMP ? 7. What is the likelihood that the project(s) outlined can be completed within the period of performance? 8. Does the most recent Gas Distribution Annual Report support the needs stated in the application and the description of the existing gas distribution infrastructure? 9. For applications requesting funds to acquire equipment, what is the potential of the equipment to reduce incidents and fatalities and help avoid economic losses of natural gas clistribution systems? Programmatic Review The Program Office will conduct a review of rated applications to assess how the proposed work is to be performed and whether the applications are responsive to the grant program requirements. The Program Office will assess the applicant 's ability to manage federal grant funds and this grant program successfully. PHMSA will consider the completeness and clarity of re spo nses to the programmatic questions outlined in the NOFO . PHMSA will conduct a programmatic review to assess factors identified bel ow. 1. To what extent is the applicant 's pipelin e ac ti ve ly leaking? (For example, actively leaking, prone to leaking, or preventing potential leaks from happening in the future?) 2. What are the total number of miles the applicant proposes to repair, replace , or rehabilitat e? 3. Wbat is the project's potential to reduce methane /greenhouse gas emissions? 4. What is the project 's estimated ab ility to complete the ationa l Environmental Policy Act (NEPA) process if it needs a ri ght -of-way? (For examp le, does the applicant CWTently have control of the proposed project site ?) Page 5 of 9 Page 274 of 284 FY24 GDISM Evaluation Plan 5. Is the US Censu s tract of the proposed proj ect fully , partially, or not at all located in a di sadvantaged community or a community fac ing other relevan t di sadvantage s or burdens , such as those related to a lack of transportation inves tments or opportunities?? 6. Is th ere any potentially immediate dan ger that the existing infrastructure po ses that may re sult in fatalities , injuries , or environmental hazard s? 7. Do es the budget narrative align with the SF-424A (non-con structi on) or SF-424C ( construction)? 8. Doe s the total cost p er project equa l the federal amount requested on the SF-424? Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 19 73 Compliance Review The Office of Civil Ri ght (OCR) representative wi ll conduct an evaluation of applications to ensure they comply with Title VI and Section 504 requirements. OCR may need to request additional information from applicants or ass ist in educating applicants on Title VI and Section 504 requirements . OCR will pro vide its assessment results to the Program Office Representative for rating . Funding Restrictions The following costs are not eligible for reimbursement und er the NGDISM Grant Program: 1. Activities initiated prior to the exec ution of a grant or withou t written approval. 2. Entertainment , alcohol, or mora le costs. 3. Expenses claimed and/or reimbursed by another federal program . 4 . Excessive costs for general office supplie s, equipment, computer software, printing, and copymg . 5 . Ex pen ses that supplant existing operation al funds /programs. 6. Any costs disallowed or stated as ineli gibl e in Part 200 -Uniform Administrative Requirements , Cost Princip l es, and A udit Requirements for Fe deral Award s. 7. Re stric tions on Use of Funds for Lobbying , Support of Litigatio n, or Direct Advocacy - The recipient and its contractors may not conduct p oliti cal lob by ing , as defined in the statutes , regulations , and 2 CFR 200 .450 - "Lobbying ," withi n the federally supp orte d project. The recipient and its contractors may not use federal funds for lobbying spec ific all y to obt ain grants and cooperat ive agreements. The rec ipi ent and its contracto rs mu st comply with 49 CFR Part 20, U.S . Department of Transpo rt ati on "New R estrictions on Lo bb y ing." Up on comp letio n and approva l of the Title VI of th e Civil Rights Act of 1964 and Section 504 of th e Rehabilitation Act of 1973 Comp li ance, th e Program Office Represe nt ative will use the overall ratings , as set forth in Section E .2 of th e NOFO , to rank applications and begin to comp il e the recommendations for award . 3. Rating and Scoring Guidelines Based on the results of the administrative , technica l, and programmatic reviews , each application wi ll r ece ive one of the following overall ratings: Page 6 of 9 Page 275 of 284 FY24 NGDISM Evaluation Plan Highly Recommended: The application demonstrates that the NOFO requirements are very well understood, and the approach will likely result in high-quality performance. The application clearly addresses and exceeds requirements with no weaknesses . The application contains outstanding features that meet or exceed the expectations of DOT on multiple dimensions . The application scope aligns extremely well with DOT objectives and priorities. The risk of poor performance is very low . Recommended: The application demonstrates that the NOFO requirements are understood , and the approach will likely result in satisfactory performance. The application addresses and meets requirements with some minor but correctable weaknesses . The application demonstrates requisite experience, qualifications , and performance capabilities. The application scope aligns with DOT objectives and priorities . The risk of poor performance is low . Acceptable: The application demonstrates that the NOFO requirements are mostly understood, and the approach will likely result in satisfactory performance of part of the requirements . The application addresses some of the requirements with some weaknesses. The application demonstrates some experience , qualifications , and/or performance capabilities. The application partially aligns with DOT objectives and priorities . The risk of poor performance is moderate . Not Acceptable: The application does not meet the NOFO requirements . The application fails to address many requirements . The applicant may be ineligible to apply for the grant. The application could not satisfy critical requirements without a major revision and/or a rewrite of the application or a major redirection effort. The application scope does not align with DOT objectives and priorities. The risk of poor performan ce is high . Additional Priorities and Selection Consi derations : After completing the merit review, PHMSA may elect to prioriti ze projects according to the following key Administration and DOT objective s: Safety : PHMSA will assess the proj ec t 's ability to commit to advancing safe , efficient transportation . Applicants must addr ess ho w their project pro vides substanti al safety benefits . Projects th at have the p ote nti al to pro v id e the great es t safety benefits, such as tho se which seek to addre ss active leaks , may be pri orit iz ed . Prior to receiving funds , all projects are expect ed to , at a minimum , identify and miti gate to the ex tent practica bl e any significant safety risks th at cou ld result after project comp letion . App li cant s sh ould include how their project wi ll not ne gatively impact the overa ll safety of the publi c. Climate Change and Su stainability : PHMSA ,vill assess how the applicant addre sses the project's consideration of climate ch ange and environmenta l justice in th e pl anning stage and in project deli very. In particular, PHMS A w ill consid er how the project incorporate s evidence based climate resilience mea sure s and fea tures . PHMSA wi ll also consider whether the proj ect avoi d s adver se environmental impacts to air or water quality , wetlands , and endangered species, Page 7 of 9 Page 276 of 284 FY24 NGDISM Evaluation Plan as well as address disproportionate negative impacts of clim ate change and pollution on disadvantaged communities , including natural disasters , with a focus on prevention , response , and recovery . Additionally , PHMSA will consider estimated methane leakage reduction attribut able to the project. Workforce Development, Job Quality, and Wealth Creation: PHMSA will assess the project's ability to : • expand strong labor standards , 19 including not only compliance with prevailing wage requirements but also construction labor provisions that are relevant to the project. • include high-quality workforce development programs with supportive services to help train, place , and retain people in good-paying jobs or registered apprenticeship. • demonstrate clear utilization of local and economic hiring preferences that ensure workers on the project come from disadvantaged communities . • track and publish aggregate workforce data , including information on demonstrating that employment opportunities are available to historically underserved workers in their communities. • include lo cal inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises , Minority-Owned Businesses , Women-Owned Businesses , or 8(a) firms . • describe a state/regional/local comprehensive plan to promote equal opportunity, including removing barriers to hire , prevent harassment on work sites , and ensure that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity.20 Equity: PHMSA will assess the project's ability to create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area , and increase equi table acce s s to project benefits , consistent with Executive Order 139 85, Advancing Racial Equity and Support for Unders erve d Communities Through the Federal Go vernment (86 FR 7009). PHMSA will assess how the app li cant addresses the project's consideration of climate change and environmental ju stice in th e planning stage and in project delivery . Domestic Preference/B uy America : PHM SA will con sider whether an exceptio n/waiver of the Buy America provision s will b e nece ssa ry to complete the project. Among otherw ise comp arable application s, project s th at dep end on material s or manufactured products that do not comply with domestic preference requirement s will b e le ss competitive than projects that comply with tho se requirement s. Amon g oth erw ise co mp arabl e applicati ons that requir e exc epti ons or wa ivers, an app li cation that pre sent s an effe ctive pl an to maximize domestic content will be more competitive than on e th at d oes no t. App li cant s who e projects will likely requ ire a waiver are highly enc ourag ed to prov id a pl an th at dem on strates effort s to m ax imi ze dom estic co nt ent. Geographic Diversity: Wh en sel ec ting award ees, PHMSA may con sider geographi c di versity, including the balance b etween urb an, ru ral, and tribal communiti es. 19 See Definiti ons section , Goo d-p aying j obs. 20 See Definition s secti on, Equ al Opp ortuni ty Pl ans. Page 8 of 9 Page 277 of 284 FY24 NGDISM Evaluation Plan 4. Applicant Selection PHMSA 's Administrator, or designee , after taking into consideration recommendations made during the administrative , technical , and programmatic reviews and how well the applications address PHMSA 's safety and environmental priorities, will make recommendations for award. These recommendations will take into consideration the application ratings as well as administration priorities . The Secretary , or designee , will make the final award selections , which may include applications of differing ratings. Page 9 of 9 Page 278 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-575 FROM: Kim Creech, CITY TREASURER Erin Wolfe SUBJECT: The amendment to Administrative Policy and Procedure: Quality Base Selection (QBS) for Professional Services: Item III "For Projects under One Hundred Thousand Dollars" as presented in the attachment and a Copy is on file in the Office of the City Clerk. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: That the City Council hereby approves the amendment to Administrative Policy and Procedure: Quality Base Selection (QBS) for Professional Services: Item III "For Projects under One Hundred Thousand Dollars" as presented in the attachment and a Copy is on file in the Office of the City Clerk. 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 279 of 284 RESOLUTION NO. _____ WHEREAS, the City of Fairhope desires to amend the Administrative Policy and Procedure: Quality Based Selection (QBS) for Professional Services Contracts: Item III SELECTION OF PROFESSIONAL SERVICE PROVIDERS FROM THE PREQUALIFICATION LIST; “For Projects under One Hundred Thousand Dollars” by adjusting the document as indicated in the attachment (see attached); and NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, hereby approves the amendment to Administrative Policy and Procedure: Quality Based Selection (QBS) for Professional Services Contracts as presented and a copy is on file in the Office of the City Clerk. DULY ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 ________________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 280 of 284 ITEM III SELECTION OF PROFESSIONAL SERVICE PROVIDERS FROM THE PREQUALIFICATIQN LIST FOR PROJECTS UNDER ONE HUNDRED THOUSAND DOLLARS Professional service providers for projects that are under one hundred thousand dollars may be chosen by the Mayor from the pre-qualification list. 1. The Procurement & Contracts Manager, and the Department Head over the project requiring professional services choose two, or three professional service providers from the pre-qualification list, and route that short list through the City Treasurer to the Mayor. 2. The Mayor may select one of the recommended providers, or request another short list from which to make his/her choice. 3. Once the Mayor has made his/her choice for professional services contracts estimated not to exceed Five Thousand Dollars ($5,000.00), the Mayor may negotiate the fee schedule and sign the professional services contracts without council approval. 4. City Council must approve professional service contracts with a value greater than Five Thousand Dollars ($5,000.00). For those professional service contracts estimated to exceed Five Thousand Dollars ($5,000.00) and under Twenty-Five Thousand Dollars ($25,000.00), the Mayor negotiates the fee schedule, and the Procurement & Contracts Manager will move the professional service contract forward to the City Council for approval for the Mayor to sign the contract. Should the City Council or Mayor disapprove of the Professional Service provider chosen or negotiated fee schedule, they may select another from the list. 5. For professional services contracts estimated to exceed Twenty-Five Thousand Dollars ($25,000.00), the Procurement & Contracts Manager will move the Mayor’s choice forward to the City Council for authorization for the Mayor to negotiate a fee schedule. City Council may approve professional service contract at a later meeting and authorize Mayor to sign the contract. Should the City Council disapprove of the Professional Service provider chosen, they may select another from the list. 6. If the selected professional services provider fails to enter into contract, the Mayor may negotiate with the second highest ranked professional service provider on the short list, continuing down the list until successful, or, if negotiations are unsuccessful, call for another short list. Page 281 of 284 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-569 FROM: Stephanie Hollinghead, Chief SUBJECT: Application for Special Events Retail License by Thomas Bratton McGregor, Bottles Up Mobile Inc. d/b/a Bottles Up Mobile, Brides by the Bay, on March 8, 2026, at the Fairhope Civic Center, 161 N. Section St., Fairhope, AL 36532. AGENDA DATE: February 19, 2026 RECOMMENDED ACTION: That the City Council approves the Application for Special Events Retail License by Thomas Bratton McGregor, Bottles Up Mobile Inc. d/b/a Bottles Up Mobile, Brides by the Bay, on March 8, 2026, at the Fairhope Civic Center, 161 N. Section St., Fairhope, AL 36532. 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 282 of 284 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928•2136 Revised 09/20 I 3 ALCOHOLIC BEVERAGE LICENSE APPPLICATION PLEASE PRINT We hereby apply for a license to sell Alcoholic Beverages In the City of Fairhope or its Police Jurisdiction. We agree to abide by all applicable Ordinances of the City, or any amendments to same, and to promptly furnish all reports required by the City. Thomas Bratton McGregor APPLICANrS NAME fv)d(Y\ Cf ( /3tiaftun 1\tl(t~Q(SSN# ______ _ AGE~DATE oF BIRTH • PLACE oF B1RTH!Jo0tbr:t21VJ Jau,h frt'11M~ MAruNG ADDRess 1u3~'1 rev 1or tt,ar~tr 5\vej. (,rt{)t,11tJ r30y, fl:k• 3 v54 l HOME# _________ WORK# __________ _ CELL# as],JoQH -~11\(J FAX# ________ _ RESIDENCE ADDRESS W n:1 f, a.f tt,\?qvf NO.YEARS AT PRESENT ADDRESS <{ NO.YEARS AT PREVIOUS ADDRESS lo PREV!OUSADDRESS 11>1SI lbuv ct rwnd f)Qi.\/, 8:L. :3Le.5YI NAME AND ADDREss oF aus1NEss fr,olhO\?l (Jivi · c, CA,V\ tlf, Men vb x' 6vevi t ,u1 N. recrfioo rt. fa,irl1Q~t ,flk. ~usii NAME oF coRPORATroN J3dWGr l~o Mdbilt Ink. Bus1Ness LocATroN 11i1 rv-!tvtflMl &t. Pcair~., tit. '3u5 ;z_ HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE_'t ...... l_.1S.___ __ 1Fso,WHEREM0bUt ~ ~1dw1V} uNoeRWHATNAMe '3oltles u~ M&ik«lni HAS APPLICANT EVER BEEN ARRESTED-1lJll_lF so, WHERE.__._,N ..... 1-ll ____ _ WHEN "' I a WHAT wAs cHARGE.---IJNl4-l..ltJ0~---------- 01sPos,T10N,_..1.N.:..""la"------------------ usT THREE REFERENCES: NAME ADDRESS PHONE NUMBER A'n1 (t,~ (IVOWW '11l\/ BrtWftt( of-. ~~ron fhwt anq ltt1 o, ~ t/tl¥-Dr. ~~an OL<ft; 'l.11'1-Sn~nV\Mtf O~~ t-f f; Page 283 of 284 City of Fairhope Alcoholic Beverage license Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 _ 011 • PACKAGE STORE LICENSE -Allow& sale of liquor, wine, or beer at Re1ail, TO GO only. No one under age 21 aUowed oo premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10111 of each monlh on the purchase price paid fer all iquor for use or resale by the licensee. __ 010-LOUNGE LIQUOR LICENSE -Allows aale of liquor, wine, or beer for on and off consumption. No one under age 21 allowed on the premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 1 r!' of each month on the purchase price paid for all liqvor 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 1 o"' of each month on the purchase pnce paid for an liquor for use or resale by the licensee. _ 020 • RESTAURANT LIQUOR LICENSE -Allows sale of Rquor, wine, or beer for on-premises consumption only and 51 % of gross receipts must a>me from the sale of food. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 1011 of each month on the purchase price paid for an liquor for use or resale by the licensee. X 140 • SPECIAL EVENTS LICENSE __ 160 -SPECIAL RETAIL LICENSE -More than 30 days _ 040 • BEER ON/OFF PREMISES LICENSE -AHows sale of Beer Only, on and off consumption. _ 050 -SEER OFF-PREMISES LICENSE -Allows sale of Beer Only, TO GO only. _ 060 -WINE ON/OFF PREMISES LICENSE -Allows sale ofWine 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 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE NOT APPROVED -:::-:-:-~;,:--:=-_DATE __ _ ~~~ OAT~afo B V COUNCIL ____ --,-__ DATE __ _ City Clerk APPROVED BV COUNCIL_..,,..,...--=,......,.-DATE __ _ City Clerk " The 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 284 of 284