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HomeMy WebLinkAbout03-09-2026 City Council Meeting Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, March 9, 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 Mayor, the Buil Final Adoption request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance. (Introduced at the Final Adoption the City of Fairhope, Alabama by Revision of Section 21- ("Franchisee") for the purpose of Constructing and Maintaining a Fiber- Infrastructure Network within the Public Rights-of- Page 1 of 393 City Council Regular Meeting March 9, 2026 Page - 2 - 12. Ordinance - An Ordinance granting a Non-Exclusive Franchise to Highstream Fiber Inc., its successors and assigns ("Franchisee") for the purpose of Constructing and Maintaining a Fiber-Optic Infrastructure Network within the Public Rights-of- Project: 2026-PWD 003 River Mill Park, City of Fairhope Parcel 05-46-06-14-0-000 LLC for Julwin's Plaza Project with a bid proposal not-to- $432,398.14. reservations improvements, up to the value of the public right-of- Empire Truck Sales, Inc.; (RFQ PS26- Page 2 of 393 City Council Regular Meeting March 9, 2026 Page - 3 - 21. Resolution — That the Fairhope City Council authorizes the submission of an Alabama Coastal Area Management Program (ACAMP) grant to assist the Planning Department with developing stormwater/low impact development ordinances and authorizes Mayor Sherry Sul for Professional Engineering Services for (RFQ PS26- Consulting Services - Natural Gas System Leak- (Cast Iron Replacement - authorize Mayor Sullivan to negotiate the not-to- Code of Alabama 1975, Section 41-16-51(15). The cost will not-to- renewal of a one- Up Mobile Inc. d/b/a Bottles Up Mobile, Apiary event on March 19- Page 3 of 393 City Council Regular Meeting March 9, 2026 Page - 4 - Regular Meetings of the City Council shall be held on the 2nd and 4th Monday of each month immediately following the 4:30 p.m. Work Session unless prescheduled and announced otherwise. Next City Council Meeting, Monday, March 23, 2026, 6:00 p.m. Fairhope Municipal Complex City Council Chambers 161 North Section Street Page 4 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-708 FROM: Marcus E. McDowell, CITY ATTORNEY SUBJECT: Executive Session AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: To Discuss pending and potential litigation; and 36-25A-7(a)(7) to discuss matters of trade or commerce in which the entity is in competition with private entities. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 5 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-249 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of February 19, 2026, Regular City Council Meeting and minutes of February 19, 2026, Work Session. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council approve minutes of February 19, 2026, Regular City Council Meeting and minutes of February 19, 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 6 of 393 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 Thursday, 19 February 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Jay Robinson was absent. There being a quorum present, Council President Conyers called the meeting to order at 5:51 p.m. The invocation was given by Reverend William Quinn of Trinity Presbyterian Church, and the Pledge of Allegiance was recited. Councilmember Burrell moved to approve minutes of the February 9, 2026, regular meeting; and minutes of the February 9, 2026, work session. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Burrell stated that the City Council there will be lively discussion on Agenda Item No. 5 tonight; and said he would assure the audience there would be no action taking on it tonight. Councilmember Burrell asked everyone to keep in mind it is pretty complicated and there may be some things put off until later. He said please be patient to work through this imperfect Ordinance. Councilmember Gammon said he echoed what Councilmember Burrell said ; and commented he thinks everyone are on the same page and we want to make the best decisions we can. He mentioned Julwin’s Plaza and commented beauty is important to Fairhope and to keep its charm; especially in the Central Business District. Councilmember Booth said she spoke with Planning and Zoning Director Hunter Simmons; and said we are following the rules and changes are never easy. She said we want to protect our citizens and homeowners; and we all need to work together. Council President Conyers thanked the Police Department and the Public Works Department for the great work during the Mardi Gras Parades. He said the next big event is the Fairhope Arts and Crafts Festival. A Public Hearing was held as advertised on a proposed ordinance to amend Ordinance No. 1253. Councilmember Gammon introduced in writing an ordinance to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance. Page 7 of 393 19 February 2026 The Planning Commission gave a favorable recommendation of this ordinance. Council President Conyers read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance and the main changes. He commented in his budget there is funds budgeted to hire someone to help with the Comprehensive Plan and our Rules and Regulations. (See Power Point Presentation) Councilmember Burrell said the concern was to maintain business districts (CBD); and questioned the intent for the ordinance. He said the 49 single family homes or 99 homes need to not be affected at all; and suggested an amendment. Councilmember Burrell said we need to start the process immediately for B3a and B3b; and concerned with parking. Councilmember Booth said these homeowners need to feel safe in their homes; and that she totally understands why they are here tonight. Councilmember Gammon questioned the affect on family single homes. Planning and Zoning Director Simmons replied if the home is torn down, they could not rebuild. Councilmember Gammon also questioned pervious maximum, step 2 process, and major renovations. He asked Mr. Simmons, “what are your concerns if not adopted?” Mr. Simmons replied to lose the Fairhope charm and character. Council President Conyers thanked Mr. Simmons for his hard work. He said we could pass the Ordinance and then immediately amend it for existing homes. Council President Conyers opened the Public Hearing at 6:44 p.m. 1) Shannon Smith, 56 Fig Avenue, addressed the City Council and said she was against the B3a and B3b proposed ordinance. She mentioned renovations on her historic home; and complete uncertainty and taking away home rights. 2) Allan Chason, representing Jim Edgemon at 121 Fairhope Avenue, addressed the City Council and said they were against the proposed ordinance. He mentioned there is a short-term rental issue, and it is the real problem. Mr. Chason said this will adversely affect RB3b; and requested the City Council table this part of the ordinance. He asked, what problem is he trying to solve? Councilmember Burrell replied we need to preserve business property; and have a proper balance between homes (residential) and commercial. 3) Marjorie Searcy, 12 Fels Avenue, addressed the City Council and said she was against the B3a and B3b proposed ordinance. Ms. Searcy said she preserved a 1904 historic home; and has two places for cars. She said there are far more non -forming and short-term rentals. Councilmember Burrell gave an example of “Boarding Houses.” Councilmember Gammon said we all want Fairhope to be Fairhope; and we are true to our word. Page 8 of 393 19 February 2026 4) Phillip Goodwyn, 491 and 493 Pine Street, addressed the City Council and said he was against the proposed ordinance. He stated that both properties were rezoned B4 to be compliant. Mr. Goodwyn said his property is on the border of the CBD and wants it to stay residential. He suggested a possible new designation for these properties. 5) Rebecca Brey, 24 Cliff Drive, addressed the City Council and said they were against the B3a and B3b proposed ordinance. She said we live their and want it to be a legacy to their children. Ms. Brey said this is our life; and asked the City Council not to pass the ordinance. Galen Brey commented he like Councilmember Burrell’s amendment. 6) Jim Edgemon, 121 Fairhope Avenue, addressed the City Council and said he was against the proposed ordinance. Mr. Edgemon said he has been a real estate broker for over 40 years. Councilmember Burrell said you will not lose your rights, and we will exempt B3b zoned with single family residential use. 7) Keys Mitchell, 107 South Section Street, addressed the City Council and said he was against the proposed ordinance. He said his home had reached the end of its life; and will have to be rebuilt. 8) Cheryl Stovall, 307 Dry Falls Way, addressed the City Council and said she was against the proposed ordinance. She commented density is already limited; and the B2 in the CBD density needs to be looked at. The proposed ordinance density will go from 8 units to 2 units. 9) Ken Niemeyer, 7 Fels Avenue, addressed the City Council and said he was against the proposed ordinance. He stated we need to keep the CBD diverse with commercial and residential. 10) Ryan Baker, 460 Dogwood, addressed the City Council and said he was against the proposed ordinance. Mr. Baker mentioned several issues with the proposed ordinance: impervious area, enforcement issue, and the CBD Mixed Use and 50 percent commercial. He said there were other issues other than B3a, B3b, and B4; and January 1, 2027 is unclear. 11) Mac Walcott, South School Street, addressed the City Council and said he was against the proposed ordinance. He said there are several issues and the proposed ordinance takes property rights away. The impervious maximum coverage is an issue; and there are eight more issues not touched on. 12) Lea Verneuille, 732 South Mobile Street, addressed the City Council and said he was against the proposed ordinance. He commented the City of Fairhope does have great leadership; i.e., Planning and Zoning Director Hunter Simmons and Building Official Erik Cortinas. Mr. Verneuille said there are serious cause and affect on property. He mentioned the impervious area coverage and height regulations. The Public Hearing closed at 7:52 p.m. Page 9 of 393 19 February 2026 Planning and Zoning Director Simmons stated that R1 and R2 are not involved. Councilmember Burrell said he wants to amend the agenda tonight to add a resolution to address Ordinance No. 1253. Councilmember Gammon said he agreed with Councilmember Burrell. Councilmember Booth thanked everyone for coming out tonight; and said she feels their passion. Council President Conyers said we are trying to get this right; and reiterated there will be no action on the proposed ordinance tonight. Due to lack of a motion for immediate consideration, this ordinance will layover until the March 9, 2026 City Council meeting. Councilmember Burrell stated there was a need to add on an agenda item after Agenda Item Number 5: a resolution to address the amendments in Ordinance No. 1253 regarding residential use rights. Councilmember Burrell moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Council President Conyers announced the City Council will be taking a 10 minute break; and then return to the meeting. The City Council exited the dais at 7:58 p.m.; and returned at 8:07 p.m. Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution: NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council resolves to start the process of amending proposed Ordinance No. 1253 if adopted to protect residential use rights of property that may be affected by current Planning and Zoning amendment proposals including B3a and B3b. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. * * Page 10 of 393 19 February 2026 RESOLUTION NO. 5742-26 NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council resolves to start the process of amending proposed Ordinance No. 1253 if adopted to protect residential use rights of property that may be affected by current Planning and Zoning amendment proposals including B3a and B3b. ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 _________________________________ James Reid Conyers, Jr., Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Gammon moved for final adoption of Ordinance No. 1854, 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) Seconded by Councilmember Burrell, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, and Booth. NAY - None. Councilmember Gammon moved for final adoption of Ordinance No. 1855, 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. (Introduced at the City Council Meeting on February 9, 2026) Seconded by Councilmember Burrell, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, and Booth. NAY - None. Councilmember Burrell moved for final adoption of Ordinance No. 1856, an ordinance to establish the Fairhope Demolition Review Procedure for Historically Significant Buildings. (Introduced at the City Council Meeting on February 9, 2026) Seconded by Councilmember Booth, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, and Booth. NAY - None. Page 11 of 393 19 February 2026 Councilmember Gammon moved for final adoption of Ordinance No. 1857, 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. (Introduced at the City Council Meeting on February 9, 2026) Seconded by Councilmember Burrell, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, and Booth. NAY - None. Councilmember Burrell introduced in writing an ordinance to amend Ordinance No. 1660 of the City of Fairhope, Alabama by Revision of Section 21-28; Specifically (i) Streetlights. Due to lack of a motion for immediate consideration, this ordinance will layover until the March 9, 2026 City Council meeting. Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, 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. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5735-26 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 Page 12 of 393 19 February 2026 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 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Architectural and Engineer Design Services for (RFQPS26-019) for the Nix Center Bathroom Remodel Project to Goodwyn Mills Cawood, LLC (GMC); and hereby authorize Mayor Sullivan to negotiate the not-to- exceed fee to be approved by Council. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Page 13 of 393 19 February 2026 RESOLUTION NO. 5736-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Professional Architectural and Engineer Design Services for (RFQPS26-019) for the Nix Center Bathroom Remodel Project to Goodwyn Mills Cawood, LLC (GMC); and hereby authorize Mayor 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 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-022-2026-REC-003) to GAF Companies, LLC for New Youth Baseball Restrooms - Volanta Park with a bid proposal not-to-exceed $176,783.70. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5737-26 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. 26-022- 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 Page 14 of 393 19 February 2026 [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 15 of 393 19 February 2026 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-023-2026-REC-100) to Hagan Storm Fence of Mobile for New 6 ft. Vinyl Coated Fences - Barnwell Youth Football Fields with a bid proposal not-to-exceed $39,617.00. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5738-26 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. 26-023- 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 16 of 393 19 February 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a 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 25, 2026, with proceeds raised donated to the Fairhope Youth Rotary Club. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * Page 17 of 393 19 February 2026 RESOLUTION NO. 5739-26 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 25, 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 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution 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-to-exceed fee of $20,000.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * Page 18 of 393 19 February 2026 RESOLUTION NO. 5740-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection of Magnolia River to perform Professional Services for (RFQ PS26-018) Pipeline and Hazardous Materials Safety Administration (“PHSMA”) Grant Preparation; and authorizes Mayor Sherry Sullivan to execute a Contract with a not-to-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 Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution 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. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Councilmember Gammon commented it is better and efficient to keep these moving. * * * Page 19 of 393 19 February 2026 RESOLUTION NO. 5741-26 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 City Council reviewed an application for a 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. Councilmember Burrell moved to approve the issuance of the license. Seconded by Councilmember Booth, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Erik Cortinas reminded everyone of the Fairhope Booster Club Drawdown on March 14, 2026. 2) Councilmember Gammon reminded everyone of Arbor Day on Saturday, February 21, 2026, at 10:00 a.m. Page 20 of 393 19 February 2026 Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 8:20 p.m. James Reid Conyers, Jr., Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 21 of 393 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 Thursday, 19 February 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell (arrived at 4:25 p.m.), Joshua Gammon (arrived at 4:16 p.m.), and Andrea Booth (arrived at 4:10 p.m.), Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Jay Robinson was absent. Council President Conyers called the meeting to order at 4:18 p.m. The following topics were discussed: • The first item on the Agenda was the Discussion regarding Anna T. Jeanes Lease & Nature Trail by Susan Fontaine Godwin, President of the Board for Hope Community. Ms. Godwin discussed the Makers Market sublease and the need to renew it for another year. She then mentioned the Hope Community lease regarding the language in Section 5 c) and suggested changes. City Attorney Marcus McDowell explained the lease and why it is stated that way. He said as long as you are not leasing the property and only allowing the Community to use it; there should not be an issue. • The Presentation of the “Baldwin County Economic Development Alliance Capital Sitework Improvements on the Grounds of Future HATCH Campus (K-1/HATCH Project)” by City Engineer Richard Johnson was the next item on the Agenda. President and CEO of Baldwin County Economic Development Alliance Lee Lawson addressed the City Council and presented the conceptual design for the Courtyard. He said the City has been great partners along with City Engineer Richard Johnson and Staff; and with Thompson Watermark. Mr. Lawson said BCEDA would pay for the design for all phases. He said this would be a much better plan and more utilized. Mr. Lawson mentioned five new businesses are moving here due to HATCH. He said the space right now would have 10 percent usage but if courtyard was built is would have 100 percent usage. • The next item on the Agenda was the Presentation of the “River Mill Community Park” built by Fairhope Single Tax Corporation by City Engineer Richard Johnson. He presented the Master Plan for the park that will have public parking and other amenities. (A copy of the Handout is on file in the City Clerk’s office) Mr. Johnson stated we would need a right of entry to construct park playground equipment. Jay Robertson with Sawgrass Engineering explained the plan and grading. The City Council questioned adequate parking and bike parking; and the timeframe. Councilmember Gammon suggested water bottle stations and changing station in restroom. Page 22 of 393 Thursday, 19 February 2026 Page -2- • The Discussion of the Julwin’s Plaza Project by City Engineer Richard Johnson was next on the Agenda. He explained the project and some reductions; but said it is still over budget but close if you removed the requested additions of the columns and fencing. Councilmember Burrell questioned irrigation cost; and Councilmember Gammon questioned landscape and pavers. City Attorney McDowell explained funds from Court that must be spent on trees and plantings. • City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 11, No. 12, and No. 13; and answered any questions if needed. • Councilmember Burrell gave an update on the Airport Authority and said the new runway was open, they have applications for new lots, and transfer of land back to the City of Fairhope. • Councilmember Gammon gave a brief update on the Fairhope Environmental Advisory Board; and said the Tree Committee did not meet. • Councilmember Booth said she had no Committee updates. She thanked City Clerk Lisa Hanks for all her help when asked. She also thanked the Department Heads for their help. • Council President Conyers said he had no updates. • President of the Fairhope Junior City Council Camille Hausmann and Secretary of the FJCC addressed the City Council regarding Agenda Item No. 15; and answer ed any questions if needed. Ms. Hausmann announced that for the Pickleball Tournament had been moved from April 4, 2026 to April 25, 2026. • Gas Director Wes Boyett addressed the City Council regarding Agenda Item No. 16; and answered any questions if needed. • Recreation Director Pat White addressed the City Council regarding Agenda Item No. 14; and answered any questions if needed. • Building Official Erik Cortinas addressed the City Council regarding Agenda Item No. 8; and answered any questions if needed. • Purchasing Manager Erin Wolfe addressed the City Council regarding Agenda Item No. 17; and answered any questions if needed. • Planning and Zoning Director Hunter Simmons addressed the City Council regarding Agenda Items No. 9 and No. 10 with the addition “is deemed necessary and approved”; and answered any questions if needed. • Police Chief Stephanie Hollinghead addressed the City Council regarding Agenda Item No. 19; and answered any questions if needed. Page 23 of 393 Thursday, 19 February 2026 Page -3- There being no further business to come before the City Council, the meeting was duly adjourned at 5:38 p.m. ______________________________ James Reid Conyers, Jr. Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 24 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-712 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: Public Hearing - 416 Barclay Avenue was found to be a dangerous building and in need for demolition, pursuant to Fairhope Code Ordinances, Section 7-92 (a). AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council may determine whether or not the building or structure is unsafe to the extent that it is a public nuisance. 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 25 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-713 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: A contract for the demolition of the Property with the not to exceed amount of $12,500.00 to commence within sixty (60) days of this Resolution; and that the Mayor, the Building Official, the City Attorney, and any other officials or employees acting under the direction of the Mayor are empowered to do such things as are necessary to carry out the demolition of the dangerous building on the Property and to otherwise carry out the purposes of this Resolution. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council adopts Resolution BACKGROUND INFORMATION: WHEREAS, the Building Official of the City of Fairhope, Alabama, pursuant to provisions of Article V Chapter 7 of the Fairhope Code of Ordinances has investigated a building which exists at 416 Barclay Avenue, Fairhope, Alabama 36532 (Tax Parcel ID Number 46-03-37-0-003-009.00) (the “Property”) and has found the same to be a dangerous building within the meaning of Section 7-88 of said Code and a public nuisance and requiring remediation; and WHEREAS, the said Building Official posted the required notice of the dangerous building as required by law and provided a copy of such notice to all persons listed on the Certificate of Service for the “Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens”, a copy of which is on file in the office of the City Clerk, and which is incorporated by reference as though fully set forth herein; and WHEREAS, the Building Official has presented to the City Clerk estimates associated with demolition of said building which includes labor and transport of demolition debris and clearing of undergrowth on the Property for a total cost not to exceed $12,500.00; and WHEREAS, the property owner has stated a willingness to complete the demolition directly, but the Building Official wants to ensure the demolition proceeds in a timely manner within sixty (60) days. Page 26 of 393 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50360 General Maintenance $12,500.00 $12,500.00 ($0.00) 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 27 of 393 RESOLUTION NO. ____ WHEREAS, the Building Official of the City of Fairhope, Alabama, pursuant to provisions of Article V Chapter 7 of the Fairhope Code of Ordinances has investigated a building which exists at 416 Barclay Avenue, Fairhope, Alabama 36532 (Tax Parcel ID Number 46-03-37-0-003-009.00) (the “Property”) and has found the same to be a dangerous building within the meaning of Section 7-88 of said Code and a public nuisance and requiring remediation; and WHEREAS, the said Building Official posted the required notice of the dangerous building as required by law and provided a copy of such notice to all persons listed on the Certificate of Service for the “Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens”, a copy of which is on file in the office of the City Clerk , and which is incorporated by reference as though fully set forth herein; and WHEREAS, the Building Official has presented to the City Clerk estimates associated with demolition of said building which includes labor and transport of demolition debris and clearing of undergrowth on the Property for a total cost not to exceed $12,500.00; and WHEREAS, the property owner has stated a willingness to complete the demolition directly, but the Building Official wants to ensure the demolition proceeds in a timely manner within sixty (60) days . NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the Mayor and the Building Official are authorized to enter into a contract for the demolition of the Property with the not to exceed amount of $12,500.00 to commence within sixty (60) days of this Resolution. NOW THEREFORE BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the Mayor, the Building Official, the City Attorney, and any other officials or employees acting under the direction of the Mayor are empowered to do such things as are necessary to carry out the demolition of the dangerous building on the Property and to otherwise carry out the purposes of this Resolution . ADOPTED ON THIS 9TH DAY OF MARCH, 2026 ____________________________________ James Reid Conyers, Jr. Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk I, the undersigned qualified and City Clerk of the City of Fairhope, Alabama do hereby certify that the above and foregoing is a true copy of a resolution passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 9th day of March 2026, and that such resolution is on file in the City Clerk’s Office. Seal Lisa A. Hanks, City Clerk Date Page 28 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-551 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Final Adoption – 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: March 9, 2026 RECOMMENDED ACTION: Council approval BACKGROUND INFORMATION: Various amendments were presented during October, November, and February City Council meetings. A resolution was passed unanimously at the 2/19/26 meeting which directs Planning Staff to immediately begin work on additional amendments to address citizen concerns about removing residential uses from B-3a and B-3b zoning districts if the amendments are adopted as currently presented. 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: Page 29 of 393 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 30 of 393 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 9TH DAY OF MARCH, 2026 ADOPTED THIS 9TH DAY OF MARCH, 2026 Page 31 of 393 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 32 of 393 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 33 of 393 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 34 of 393 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 35 of 393 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 36 of 393 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 37 of 393 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 38 of 393 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 39 of 393 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 40 of 393 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 41 of 393 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 42 of 393 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 43 of 393 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 44 of 393 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 45 of 393 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 46 of 393 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 47 of 393 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 48 of 393 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 49 of 393 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 50 of 393 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 51 of 393 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 52 of 393 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 53 of 393 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 54 of 393 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 55 of 393 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 56 of 393 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 57 of 393 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 58 of 393 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 59 of 393 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 60 of 393 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 61 of 393 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 62 of 393 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 63 of 393 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 64 of 393 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 65 of 393 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 66 of 393 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 67 of 393 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 68 of 393 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 69 of 393 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 70 of 393 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 71 of 393 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 72 of 393 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 73 of 393 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 74 of 393 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 75 of 393 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 76 of 393 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 77 of 393 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 78 of 393 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 79 of 393 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 80 of 393 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 81 of 393 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 82 of 393 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 83 of 393 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 84 of 393 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 85 of 393 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 86 of 393 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 87 of 393 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 88 of 393 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 89 of 393 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 90 of 393 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 91 of 393 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 92 of 393 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 93 of 393 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 94 of 393 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 95 of 393 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 96 of 393 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 97 of 393 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 98 of 393 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 99 of 393 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 100 of 393 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 101 of 393 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 102 of 393 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 103 of 393 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 104 of 393 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 105 of 393 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 106 of 393 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 107 of 393 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 108 of 393 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 109 of 393 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 110 of 393 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 111 of 393 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 112 of 393 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 113 of 393 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 114 of 393 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 115 of 393 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 116 of 393 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 117 of 393 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 118 of 393 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 119 of 393 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 120 of 393 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 121 of 393 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 122 of 393 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 123 of 393 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 124 of 393 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 125 of 393 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 126 of 393 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 127 of 393 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 128 of 393 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 129 of 393 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 130 of 393 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 131 of 393 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 132 of 393 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 133 of 393 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 134 of 393 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 135 of 393 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 136 of 393 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 137 of 393 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 138 of 393 Appendix B Map Amendment Ordinances FAIRHOPE ZONING ORDINANCE B-1 Appendix B Map Amendment Ordinances Page 139 of 393 Appendix C Text Amendment Ordinances FAIRHOPE ZONING ORDINANCE C-1 Appendix C Text Amendment Ordinances Non-Chartered Financial Institutions, Palm Readers, Pawn Shops, Page 140 of 393 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 141 of 393 City of Fairhope City Council February 19, 2026 Zoning Ordinance Amendments Case: ZC 25.07 Prepared by: Hunter Simmons Page 142 of 393 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 143 of 393 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 144 of 393 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 145 of 393 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 146 of 393 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 147 of 393 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 148 of 393 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 149 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-571 FROM: Sherry Sullivan, Mayor Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: Final Adoption - An Ordinance to amend Ordinance No. 1660 of the City of Fairhope, Alabama by Revision of Section 21-28; Specifically (i) Streetlights. AGENDA DATE: March 9, 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 150 of 393 Page 151 of 393 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 9TH DAY OF MARCH, 2026 ADOPTED AND APPROVED THIS 9TH DAY OF MARCH, 2026 Page 152 of 393 Page 153 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-718 FROM: Jimmy Conyers, Councilmember and Chris Williams, Planning Counsel SUBJECT: To extend the temporary suspension of consideration of certain residential Multiple Occupancy Project and Subdivision applications in the City of Fairhope and for other purposes. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance of the City of Fairhope, Alabama to protect the health, safety, and general welfare of the people, to extend the temporary suspension of consideration of certain residential Multiple Occupancy Project and Subdivision applications in the City of Fairhope and for other purposes. BACKGROUND INFORMATION: See Proposed Ordinance for all 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 154 of 393 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA TO PROTECT THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE, AND TO EXTEND THE TEMPORARY SUSPENSION OF CONSIDERATION OF CERTAIN RESIDENTIAL MULTIPLE OCCUPANCY PROJECT AND SUBDIVISION APPLICATIONS IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES WHEREAS, the City of Fairhope has adopted the Fairhope Subdivision Regulations and Zoning Ordinance that regulate the subdivision of land and multiple occupancy projects and development of those projects within the City limits pursuant to Alabama Code § 11-52-30 et seq.; and WHEREAS, there has been rapid and substantial growth in and around the City of Fairhope; and WHEREAS, the City Council recognizes that the explosive growth has increased the burden on public utilities, roads, and other infrastructure as well as the health, safety, and general welfare of the community; and WHEREAS, the City Council adopted Ordinance No. 1823 for the purpose of suspending consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications while the City made several infrastructure upgrades, additions, and improvements, conducted certain capacity studies, and proposed certain changes to the Fairhope Subdivision Regulations and Fairhope Zoning Ordinance consistent with the 2024 Comprehensive Plan; and WHEREAS, the Planning Commission reviewed Zoning Case ZC25.07 which proposed various amendments to the Zoning Ordinance, and the Planning Commission voted at the Planning Commission meeting on September 4, 2025, with a favorable recommendation to the City Council for adoption of those amendments; and WHEREAS, the City Council held a public hearing on the proposed amendments to the Zoning Ordinance on October 27, 2025, and received feedback from the public on certain concerns and objections to some of the proposed amendments to the Zoning Ordinance; and WHEREAS, the City Council adopted Ordinance No. 1847 for a four (4) month extension of the suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications to allow the City staff, City Council, and Planning Commission to further evaluate and implement amendments to the Zoning Ordinance that are in the best interests of the City of Fairhope; and WHEREAS, the City Council held a public hearing on February 19, 2026 regarding proposed Amendments to the Zoning Ordinance which raised additional concerns and highlighted the need for further revisions to the proposed amendments to the Zoning Ordinance; and WHEREAS, additional revisions to the proposed amendments to the Zoning Ordinance require additional notice, advertisement, and another public hearing before adoption pursuant to the Alabama Code and the Zoning Ordinance; and WHEREAS, pursuant to Ordinance No. 1823 and No. 1847, the short-term suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications is set to expire on March 19, 2026; and Page 155 of 393 Ordinance No. ______ Page -2- WHEREAS, the City Council believes that an additional four (4) month extension to the suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications will allow the City staff, City Council, and Planning Commission to further evaluate and implement amendments to the Zoning Ordinance that are in the best interests of the City of Fairhope; and WHEREAS, the City Council has determined that the suspension of consideration of such applications is appropriate to prevent conditions that may threaten the community’s health, safety, and general welfare; and WHEREAS, this suspension of limited duration and limited scope would be in the public interest and promote orderly land development. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section I: Purpose: A. The City Council hereby declares it to be the purpose and intent of this Ordinance to extend the suspension of consideration of all multiple occupancy project applications that contain three (3) or more residential dwelling units and all subdivision applications that contain three (3) or more residential lots smaller than 10,500 square feet per lot in the City of Fairhope for an additional four (4) months. Section II: Temporary Suspension Established: A. For the purposes of amending the Zoning Ordinance, and further evaluation of the traffic and parking burden, water and wastewater capacity, and other impacts and problems facing the City that may be caused or which could be exacerbated by additional high density residential dwelling development, and to allow for the analysis and development of related updates to the City’s comprehensive plan and applicable rules, regulations, and ordinances, and to identify, provide for, and address the City’s roadways, utility infrastructure, and other needs, the City Council hereby suspends consideration of all applications for multiple occupancy project (“MOP”) approval under Article IV, § H of the Subdivision Regulations that contain three (3) or more residential dwelling units and all subdivision applications under Article IV that contain three (3) or more residential lots smaller than 10,500 square feet per lot, as set forth in Section II.B herein. The duration of this Ordinance shall be from the effective date of this Ordinance through July 17, 2026. B. For the duration of this Ordinance, the Director of Planning and the Planning Commission may not accept or consider any new MOP application that contains three (3) or more residential dwelling units or any new subdivision application that contains three (3) or more residential lots smaller than 10,500 square feet per lot. Concurrent with the effectiveness hereof, all timelines set forth in the Subdivision Regulations that relate to such applications, including consideration, review, recommendation, hearing, and decision shall be suspended. C. This Ordinance shall not affect any complete MOP application or subdivision application that has been submitted to the City Planning Department with the fee paid on or before the effective date of Ordinance No. 1823. Page 156 of 393 Ordinance No. ______ Page -3- Section III: Conflict and Severability A. This Ordinance shall be construed in a manner that does not conflict with any provision of local, state or federal law except as expressly provided herein and except to the extent its provisions are more restrictive. B. In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Section IV: Definitions A. “City” – means the City of Fairhope, an Alabama municipal corporation. B. “City Council” – means the elected members of the City Council of Fairhope, Alabama. C. “Director of Planning” means the Director of Planning for the City of Fairhope, Alabama. D. “Planning Commission” means the Planning and Zoning Commission of the City of Fairhope, Alabama. E. “Subdivision Regulations” means the City of Fairhope’s Subdivision Regulations, adopted March 8, 2007, as amended on February 6, 2023. F. “Effective Date” means this ordinance shall take effect upon its due adoption and publication as required by law. G. The “Zoning Ordinance” refers to the City of Fairhope’s Zoning Ordinance No. 1253 as adopted and amended. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 9TH DAY OF MARCH, 2026. ___________________________ James Reid Conyers, Jr., Council President ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 9TH DAY OF MARCH, 2026. _____________________________ Sherry Sullivan, Mayor Page 157 of 393 ORDINANCE NO. 1823 AN ORDINANCE OF THE CITY OFF AIRHOPE, ALABAMA TO PROTECT THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE, FOR THE TEMPORARY SUSPENSION OF CON SI DERATION OF CERTAIN RESIDENTIAL MULTIPLE OCCUPANCY PROJECT AND SUBDIVISION APPLICATIONS IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES WHEREAS, the City of Fairhope has adopted the Fairhope Subdivision Regulations that regulate the subdivision of land and multiple occupancy projects within the City limits pursuant to A labama Code § 11-52-30 et seq .; and WHEREAS, there has been rapid and substantial growth in and around the City of Fairhope ; and WHEREAS , the City Council recognizes that the explosive growth has increased the burden on public utilities , roads , and other infrastructure; and WHEREAS , the City Council desires to address certain challenges created by the growth with a strategic and deliberate focus on orderly land development in the City limits ; and WHEREAS , the City is in the process of taking several steps to address the rapid and substantial growth over the next nine months, including but not limited to : exploration and completion of additional wells for water consumption ; construction and installation of millions of dollars of new water and wastewater infrastructure and facilities to increase service leve ls and capacity; completion of upgrades and extensions to existing water and wastewater infrastructure and facilities to increase service levels and capacity; completion and analysis of water and wastewater sewer capacity studies ; consideration of amendments to the existing Fairhope Subdivision Regulations, Comprehensive Plan, and Zoning Ordinance; and review of traffic and parking concerns ; and WHEREAS , the City Council believes the short-term suspension on consideration of certain residential dwelling multiple occupancy project and certain subdivision applications will allow the City staff, City Council, Planning Commission, and outside consultants to evaluate and focus on these specific steps to address the identified challenges ; and WHEREAS , the City Council has determined that the suspension on consideration of these residential dwelling multiple occupancy project and certain subdivision applications is appropriate to prevent conditions that may threaten the community 's health , safety , and general welfare ; and WHEREAS , this suspension of limited duration and limited scope would be in the public interest and promote orderly land development. Page 158 of 393 Ordinance No . 1823 Page -2- BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: Section I: Purpose: A. The City Council hereby declares it to be the purpose and intent of this Ordinance to enact a nine (9) month suspension of consideration of all multiple occupancy project applications that contain three (3) or more residential dwelling units and subdivision applications that contain three (3) or more residential lots smaller than 10 ,500 square feet per lot in the City of Fairhope. Section II: Temporary Suspension Established: A. For the purposes of evaluating traffic and parking burd en , water and wastewater capacity , and other impacts and problems facin g the City that may be caused or which could be exacerbated by additional high density residential dwelling development, and to allow for the analysis and development of related updates to the City's comprehensive plan and applicable rules , regulations , and ordinances , and to identify , provide for , and address the City 's roadways, utility infrastructure , and other needs , the City Council hereby suspends consideration of all applications for multiple occupancy project ("MOP") approval under Article IV , § H of the Subdivision Regulations and subdivision applications under Article IV of three (3) or more residential lots smaller than 10 ,500 square feet per lot as set forth in Section Il.B herein. The duration of this Ordinance shall be nine (9) months from the effective date of this Ordinance. B. The Director of Planning and the Planning Commission may not accept or consider any new MOP application that contains three (3) or more residential dwelling units or any new subdivision application of three (3) or more residential lots smaller than 10 ,500 square feet per lot for the duration of this Ordinance. Concurrent with the effectiveness hereof, all timelines set forth in the Subdivision Regulations that relate to such applications , including consideration, review , recommendation , hearing, and decision shall be suspended. C. This Ordinance shall not affect any complete MOP or subdi vision application that has been submitted to the City Planning Department with the fee paid on or before the effective date of this Ordinance. Section III: Conflict and Severability A. This Ordinance shall be construed in a manner that does not conflict with any provision of local , state or federal law except as expressly provided herein and except to the extent its provisions are more restrictive. B. In the event that any section, subsection , sentence , clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections , sentences , clause s or phrases of this Ordinance , which shall remain in full force and effect, as if the section , subsection , sentence , clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Page 159 of 393 Ordinance No. 1823 Page -3- Section IV: Definitions A. "City" -means the City of Fairhope , an Alabama municipal corporation . B . "City Council" -means the elected members of the City Council of Fairhope, Alabama. C. "Planning Director" means the Planning Director for the City of Fairhope , Alabama. D . "Planning Commission" means the Planning and Zoning Commission of the City of Fairhope , Alabama . E. "Subdivision Regulations" means the City of Fairhope 's Subdivision Regulations , adopted March 8, 2007 , as amended on February 6, 2023. F. "Effective Date" means this ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 10TH DAY OF FEBRUARY , 2025. ATTEST: ifif Aik.L tfsaA.anics, MMC City C erk ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 10TH DAY OF FEBRUARY, 2025. Page 160 of 393 ORDINANCE NO. 1847 AN ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA TO PROTECT THE HEAL TH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE, AND TO EXTEND THE TEMPORARY SUSPENSION OF CONS ID ERA TION OF CERTAIN RESIDENTIAL MULTIPLE OCCUPANCY PROJECT AND SUBDIVISION APPLICATIONS IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES WHEREAS, the City of Fairhope has adopted the Fairhope Subdivision Regulations and Zoning Ordinance that regulate the subdivision of land and multiple occupancy projects and development of those projects within the City limits pursuant to Alabama Code§ 11-52-30 et seq.; and WHEREAS, there has been rapid and substantial growth in and around the City of Fairhope; and WHEREAS, the City Council recognizes that the explosive growth has increased the burden on public utilities, roads, and other infrastructure as well as the health, safety, and general welfare of the community; and WHEREAS, the City Council adopted Ordinance No. 1823 for the purpose of suspending consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications while the City made several infrastructure upgrades, additions, and improvements, conducted certain capacity studies, and proposed certain changes to the Fairhope Subdivision Regulations and Fairhope Zoning Ordinance consistent with the 2024 Comprehensive Plan; and WHEREAS, the Planning Commission reviewed Zoning Case ZC25.07 which proposed various amendments to the Zoning Ordinance, and the Planning Commission voted at the Planning Commission meeting on September 4, 2025, with a favorable recommendation to the City Council for adoption of those amendments; and WHEREAS, the City Council held a public hearing on the proposed amendments to the Zoning Ordinance on October 27, 2025, and received feedback from the public on certain concerns and objections to some of the proposed amendments to the Zoning Ordinance; and WHEREAS, the City Council intends to revise the proposed amendments to the Zoning Ordinance as part of evaluating various concerns raised by the public and for the purpose of protecting the health, safety, and general welfare of the community; and WHEREAS, additional revisions to the proposed amendments to the Zoning Ordinance require additional notice, advertisement, and another public hearing before adoption pursuant to the Alabama Code and the Zoning Ordinance; and WHEREAS, pursuant to Ordinance No. 1823, the short-term suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications is set to expire on November 19, 2025; and WHEREAS, the City Council believes that a brief four ( 4) month extension to the suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications will allow the City staff, City Council, and Planning Commission to further evaluate and implement amendments to the Zoning Ordinance that are in the best interests of the City of Fairhope; and Page 161 of 393 Ordinance No. 1847 Page -2- WHEREAS, the City Council has determined that the suspension of consideration of such applications is appropriate to prevent conditions that may threaten the community's health, safety, and general welfare; and WHEREAS, this suspension of limited duration and limited scope would be in the public interest and promote orderly land development. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section I: Purpose: A.The City Council hereby declares it to be the purpose and intent of this Ordinance to extend the suspension of consideration of all multiple occupancy project applications that contain three (3) or more residential dwelling units and all subdivision applications that contain three (3) or more residential lots smaller than 10,500 square feet per lot in the City of Fairhope for an additional four ( 4) months. Section II: Temporary Suspension Established: A.For the purposes of amending the Zoning Ordinance, and further evaluation of the traffic and parking burden, water and wastewater capacity, and other impacts and problems facing the City that may be caused or which could be exacerbated by additional high density residential dwelling development, and to allow for the analysis and development of related updates to the City's comprehensive plan and applicable rules, regulations, and ordinances, and to identify, provide for, and address the City's roadways, utility infrastructure, and other needs, the City Council hereby suspends consideration of all applications for multiple occupancy project ("MOP") approval under Article IV, § H of the Subdivision Regulations that contain three (3) or more residential dwelling units and all subdivision applications under Article IV that contain three (3) or more residential lots smaller than 10,500 square feet per lot, as set forth in Section II.B herein. The duration of this Ordinance shall be from the effective date of this Ordinance through March 19, 2026. B.For the duration of this Ordinance, the Director of Planning and the Planning Commission may not accept or consider any new MOP application that contains three (3) or more residential dwelling units or any new subdivision application that contains three (3) or more residential lots smaller than 10,500 square feet per lot. Concurrent with the effectiveness hereof, all timelines set forth in the Subdivision Regulations that relate to such applications, including consideration, review, recommendation, hearing, and decision shall be suspended. C.This Ordinance shall not affect any complete MOP application or subdivision application that has been submitted to the City Planning Department with the fee paid on or before the effective date of Ordinance No. 1823. Section III: Conflict and Severability A.This Ordinance shall be construed in a manner that does not conflict with any provision of local, state or federal law except as expressly provided herein and except to the extent its provisions are more restrictive. Page 162 of 393 '!Jl CJ� =o �-� Cl) • .c -�1i o..,' ir.­:::s- -�o1 Ordinance No. 1847 Page -3- B.In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Section IV: Definitions A."City" -means the City of Fairhope, an Alabama municipal corporation. B."City Council" -means the elected members of the City Council of Fairhope, Alabama. C."Director of Planning" means the Director of Planning for the City of Fairhope, Alabama. D."Planning Commission" means the Planning and Zoning Commission of the City of Fairhope, Alabama. E."Subdivision Regulations" means the City of Fairhope's Subdivision Regulations, adopted March 8, 2007, as amended on February 6, 2023. F."Effective Date" means this ordinance shall take effect upon its due adoption and publication as required by law. G.The "Zoning Ordinance" refers to the City of Fairhope's Zoning Ordinance No. 1253 as adopted and amended. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 10TH DAY OF NOVEMBER, 2025: olJ ATTEST: ��6L-= saAankr c City Clerk ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 10TH DAY OF NOVEMB:§R, 2025. Page 163 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-689 FROM: Lisa Hanks, CITY CLERK Jennifer Olmstead, Revenue Manager SUBJECT: An Ordinance granting a Non-Exclusive Franchise to Fiber Utility Network Inc. d/b/a Alabama Fiber Network, its successors and assigns ("Franchisee") for the purpose of Constructing and Maintaining a Fiber-Optic Infrastructure Network within the Public Rights-of-Way within the City of Fairhope, Alabama. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance granting a Non-Exclusive Franchise to Fiber Utility Network Inc. d/b/a Alabama Fiber Network, its successors and assigns ("Franchisee") for the purpose of Constructing and Maintaining a Fiber-Optic Infrastructure Network within the Public Rights-of-Way within the City of Fairhope, Alabama. BACKGROUND INFORMATION: This agreement has been approved by Consultant Greg Fender. Franchisee’s acceptance of this Agreement shall be in writing in a form approved by the City attorney and shall be accompanied by delivery of a check, approved by the City, in the amount of Four Thousand Dollars ($4,000.00) made payable to the City of Fairhope, Alabama and shall serve to recover expenses incurred by the City in the granting of this Franchise. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: Page 164 of 393 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 165 of 393 ORDINANCE NO. AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO FIBER UTlLITY NETWORK INC. D/B/A ALABAMA FIBER NETWORK, ITS SUCCESSORS AND ASSIG S ("FRANCHISEE") FOR THE PURPOSE OF CONSTRUCTING AN D MAINTAINING A FIBER-OPTIC INFRASTRUCTURE NETWORK WITHI THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF FAIRHOPE, ALABAMA WHEREAS, the City of Fairhope , Alabama ( "Municipality" or "C ity") has jurisdiction over the use of public rights-of-way in the City in which it now or here after holds any property interest, including, but not limited to public streets, roadways , hi ghways, bridges , land paths , boulevards, avenues, lanes , all eys , sidewalks, circles , drives , public easements , public utility easements, dedicated utility strips, and rights-of-way dedicated for compatible uses now or hereafter held by City (but excl ud ing C ity parks or recre ation areas)("Public ROW "); and WHEREAS, ("the Franchisee") de s ire s to construct install , maintain , operate, and contro l a fiber optic infrastructure network in Public ROW ("Network") for the purpose of offeri ng communicatio ns services ("Services "), includi ng broadband Internet access serv ice as defined in 47 C.F.R. § 8.1 (b) ("Broadband Internet Services") and Voice over Internet Protocol services , but excluding multichannel video programming services over a cable system that would be s ubject to a cable franchise to residents and bu sinesses in the City ("Customers "); and WHEREAS, the Franchi see has requested a franchi se from the City in order to construct and maintain a fiber-optic infrastructure network w ithin the corporate limits of the City ; and WHEREAS , the City Council wishes to accommodate the Franchi see's request and grant a franchise to allow Franchisee to construct and maintain a fiber-optic infrastructure network in accordance wi th the term s and condition s conta ined here in . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: DEFI ED TERMS A . "Broadband Serv ices " means the transmissio n of information using optical fiber including witho ut limitation internet serv ices. B . "C ity" mean s th e City of Fairhope, A labama . C . "Code" means the City of Fairhope , A labama Municipal Code of Ordinances, as may from time to time be amended . D. "Franchi see" means Fiber Ut ili ty Network, Inc . d/b/a/ Alabam a Fiber Network an d its successo rs and ass igns . E. "Governing Body" or "City Council " means the City Council of the City of Fairhope, Alabama. F. "Gross Reven ues" means all lo ca l revenue , in whatever form and from all sources, determ in ed in accordance with generall y accepted accounting principle s that is recei ved or accrued by Fran chisee from Franchisee's provision of Broadband serv ices within the City with a deduction for Franchi see's uncollectible accounts , but without deduction for operati ng expe nses , accruals , or any other expenditure . Page 166 of 393 Ordinance No. Page -2- Notwithstanding the foregoing, Gross Revenu e shall not include any taxes on Broadband services furnished by Franchisee that are imposed by a ny City, state, or other governmental unit and collected by Franchisee for such governmental uni t. G. "Netwo rk Faci liti es " means equipment and fac il ities that may include fiber optic cables , lin es , wires , or strands; co nduits , vaults, access manholes an d handholes ; e lectro ni c equipment; power ge nerators; batteries ; pede sta ls; box es ; cabinets ; vau lts ; a nd other similar facilities H. "Perso n" means any natura l or corporate perso n, bus iness associatio n or other bu siness ent ity includin g, but not lim ited to , a partnership , sole propri etorship , political subdi vi s io n, public or pri vate agency of any kind , utility, successor or assign of any of th e foregoing , or any other legal ent ity. I. "Use Fee " means the fee paid by the Franchisee to the City for locating , maintaining a nd operating Network Facilities in the Ri ghts-of-Way for the provis ion of Bro adb and Services . AGREEMENT In consideratio n of the mutual promi ses made below, the City and Franchisee agree as follows : 1. Permission to Use and Occupy. 1.1 Perm ission to Use and Occupy Publi c ROW. Municipality grants Franchisee permi ss ion to use and occupy the Public ROW (the "License") for the purpose of constructing, installing, repairing, maintaining , operating, and if necessary, removing the Network an d the related Network Facilities (the "Work"). Thi s Agreement and the License do not authorize Franchisee to use any property other than the Publ ic RO W as agreed herei n. Franchisee's use of any other Mun icipal ity prop erty, incl uding pol es and conduits, w ill be, su bj ec t to mutual agreement, governed under a separate writte n agreement regarding that use. 1.2 Subject to State of A la bama a nd Loca l Law. This Agreement a nd the License are subj ect to Municipality 's valid authority under the State of Alabama (at times , herein "State") and loca l laws as th ey exist now or may be ame nded from time -to­ tim e, and subj ect to the co ndition s set forth in this Agreement. 1.3 Subject to Municipality 's Right to Use Publi c ROW. This Agreement and the Li ce nse are subject and s ubordinate to Muni cipa lity 's prior and continuing right to use the Public ROW, including constructing , in stalli ng, operatin g, maintaining, repairing , or removing sewers, water pip es, sto rm drains , gas p ipes , utili ty poles , overh ead and und erg round e lectric lin es an d rel ated fac ilitie s , and other public utility an d municipal uses. 1.4 Subject to Pre-Existing Prop erty Intere sts. Municipality 's grant of the License is subj ect to all valid pre-ex ist ing easements, re stricti o ns , conditi ons , covenant s, encum brances, c laims of title or other prop erty inte res ts that may affect the Publi c ROW. Franchisee w ill obtain at its own cost and expense any permi ss ion or rights as may be necessary to acco mmod ate such pre-existing property interests. 1.5 No Grant of Property Interes t. Th e License doe s not gran t or convey any property interest. Page 167 of 393 Ordinance No. Page -3- 2. 1.6 Non-Exclusive . The rights granted to Franchisee pursuant to this Agreement are non-exclusive . Municipality expressly reserves the right to grant licenses , permits , franchises , privi leges or other rights to any other individual , corporation , partnership , limited liability company, trust , joint stock company, business trust, unincorporated association ,joint venture , governmental authority or other entity of any nature whatsoever ("Pe rson "), as well as the right in its own name as a municipality, to use the Public ROW for sim il ar or different purposes allowed Franchisee under this Agreement. This Agreement does not establish any priority for the use of the Public ROW by Franchisee or by any present or future franchisees or other permit holders. In the event of any dispute as to the priority of use of the Public ROW the first priority shall be to the public generally, the second priority to Municipality in the performance of its various functions, and thereafter, as between Franchisee and other franchisees and permit holders , as determined by Municipality in the exercise of its reasonable powers , including the police power and other powers reserve d to and conferre d on it by the State of A labama co nsistent with the rights granted to Franchisee purs uant to this Agreement. 1.7 Backup Power. Franchisee sha ll not use a permanent or semi-perma nent interna l combustion engine (such as a gaso line or natura l gas-powered electric generator) to provide backup power at any point or points on the Network Facilities without Municipality's prior written approval. Such approval may be granted subject to condit ions , such as relating to testing times (e.g., not in the middle of the night), screening, noise levels, and temperature and safe discharge of hot exhaust gasses . Municipality hereby grants Franchisee approva l to use backup power generating devices , including devices with permanent or sem ipermanent internal combustion engines , at its network hut sites and inside buildings or on land owned by Franchisee subject to the specific conditions provided for in the network hut leases e ntered into between Franchisee and Municipality for the use of land owned by Municipality, and any applicab le building co de requirements. 1.8 Limitation on Use Rights. Nothi ng in this Agreement shall be construed as requiring Franchisee to alter the manner in which Franch isee attaches equipment to the poles, if any poles are allowed by Municipality, or alter the manner in which it operates and ma intains its equipment. Franchisee's Obligations. 2 .1 Ind iv idu al Permits Required . Franchisee will obtain Municipality 's approval of required indiv idu al encroachment, construction, repair and maintenance of the Network Facilities and other necessary permits before placing its Network Facilities in the Public ROW or other property of Municipality as authorized . Franchisee wi ll pay all lawful permit, processing, field marking, engineering, an d inspection fees associated with the issuance of individual permits by Municipality. 2 .2 Franchisee 's So le Cost and Expense . Franchisee will perform the Work at its so le cost and expe nse. 2.3 Compliance with Laws. Franc hi see w ill comply with all applicable federal , state and local laws, regulations and ordinances when performing the Work . Franchisee shall comply in all respects with all app licab le codes. Franchi see will place its Network Facilities in conformance with the req uired permits , plans , and drawings approved by Municipality. Page 168 of 393 Ordinance No. Page -4 - 2.4 Reasonable Care. Franchisee will exercise reasonable care when performing the Work and will use commonly accepted practices and equipment to minimize 1he risks of personal injury, property damage , soil erosion , and pollution of surface or groundwater. 2.5 No Nuisance. Franchisee will maintain its Network Facilities in good and safe condition so that its Network Facilities do not cause a public nuisance . 2.6 No Burden on Public ROW; Minimum Interference. Franchisee shall not erect, in stall , construct, repair, replace or maintain the Network Facilities in such a fashion as to unduly burden the pre sent or future use of the Public ROW. The Network Facilities shall be erected and maintained by Franchisee so as to cause the minimum interference with the use of the Public ROW and with the rights or reasonable convenience of property owners who adjoin any of the Public ROW. Additionally, prior to entering onto private property or right-of-way to construct, operate, or repair its System, Franch isee sha ll take photographs of the location of the area to be disturbed and also give the person residing on or using the property adequate notice that it intends to work on the property, a description of the work it intends to perform , and a name and phone number the person can call to protest or seek modification of the work . Work shall be done in a manner that causes the least interference w ith the rights and reasonable convenience of property owners , residents , and users . A door hanger detailing the aforementioned information and attached to the front door of the premises at least forty-eight ( 48) hours prior to commencement is required . Also , temporary signage li sting the name of the company contracting installation and contact information therefor shall be installed at the entrance to any road that leads to the work area. Such signage must be placed at least forty-eight (48) hours prior to commencement of work and must include print at least 6-inche s in height in order to be easily seen from the road . The location of Network Facilities within , on, over, under, across or through the Public ROW shall , in all cases , be subject to prior Municipality approval through the applicab le permitting process . 2 .7 Limitation on Franchise Rights. Except as may otherwise be agreed upon in writing by Municipality and Franchisee, the rights granted to Franchisee herein do not include the right to (i) excavate in , occupy or use any Municipality park, recreational areas or other Municipality property other than the Public ROW, or (ii) attach or locate any Network Facilities to or on, or otherwise utilize any of, any Municipality-owned property or facilities or structures other than Public ROW, including without limitation light poles, towers, buildings and trees. The use of suc h Municipality-owned property or facilities by Franchisee shall be co nsidered by Municipality on a case-by-case basis and may be subject to payment of additiona l compensation to Municipality. Similarly, the rights granted herein by Municipality to Franchisee do not include the right to s ituate any Network Facilities on poles or other property owned by entities other than Municipality and situated in the Public ROW. It shall be the responsib ili ty of Franchi see to negotiate any pole-attachment agreements or similar agreements with the owners of such poles or facilities , and to pay to such owners any required compensation. 2 .8 Preconstruction Meetings . Franchisee shall attend all reasonably necessary preconstruction meetings as mutually agreed with Municipality. Page 169 of 393 Ordinance No. Page -5- 2.9 Restoration of Property. Franchisee sha ll restore and replace at its so le cost and expense , in a manner reasonably approved by Municipality, any publi c or pri vate prop erty, real o r persona l, or portion of the Publi c ROW, that is di stur bed, damaged or injured by the construction , operation , main tenance or removal of the Netwo rk Facilities to at least as good co ndition as that which existe d prior to the di sturbance if such damage is di rectl y caused by Franchisee 's Work and no other Person (othe r than Franchisee's personnel , employees , age nts, contractors, subcontractors or Affiliates) is responsible for the da mage (e .g., whe re a Pe rson othe r than Franchisee fails to accurate ly or timely locate its und e rgro und facilities as required b y applica bl e law). Franchisee's obligation in thi s sub sec tion sha ll be limited by, and consistent with, any ap pl icab le seasona l or oth er restrictions on construction or restoration work . Franchisee's res to ration work shall start promptly but not more than thirty (30) days from Franchisee bein g notified of the problem in question . Upon the failure of Franchisee to effect s uch repair or restoration, Municipality may charge a pena lty of One Hundred and No/I 00 Dollars ($ I 00 .00) per day for eac h day, suc h fai lure continues or Muni ci pa lity may perform the necessary work, and Franchisee sha ll promptly rei mburse Municipality for Municipality's actual, reaso na ble , and docum ented costs in co nn ection with such repair or restoration plus twenty percent (20 %). 2.10 Emergency Notification. Franchisee sha ll provide Municipality throughout the Term of the Franchise with a twenty-four (24) hour emergency te lephone number at whi ch a re pre sentative of Franchi see (not vo icemail or a recordin g) can be accessed in the event of an Emerg ency. 2.11 Duty to Underground. It is the poli cy of Municipality to have lines an d cables placed und erg round to the greatest extent reaso nably practicable , as determined by the Municipality. In furt herance of this policy, Franchisee agrees that it shall place its co nstructed lines an d cables und ergro und to th e ex tent reasonably practicable , as determ ined by the Muni cipa lity, provided however the Franc hi see's network hut sites may be above ground. 2.12 Di scontinu ance and Removal of the Network Facilities. Upo n the revocation , termin ation, or ex pi ratio n of this Agreement, unless an extension is granted by Municipality in its di sc retion, Franchisee sha ll di sconti nu e the provi sio n of Services and a ll rights of Franchisee to use the Publ ic ROW for the provision of Services shall cease. Fra nchi see , at the directi on of Municipality, shall remove any portion of the Network Facilities and restore such Public ROW and other affected property in accordance with Section 2.9 hereof within the Publ ic ROW. Alternatively, if mutu ally agree d by Franchisee and Municipality, such Network Facilities may be abandon ed in place or transferred to Municip a lity. This Section 2.12 shall not appl y to faci lit ies constructed and owne d by the Franchisee or an Affiliate of Franchisee, where such fac iliti es are used by Franc hi see or s uc h Affiliate to lawfully provide other services. No surety on any right-of-way bond ("ROW Bond ") nor any letter of cred it shall be di scharged un til Municipality has certified to Franchisee in writ ing th at th e Network Facilities has been di smant led, removed, and a ll oth er property re store d, to the satisfaction of Municipality. 2.13 Tree Trimming. Franchisee may trim trees upon a nd overhanging th e Publi c ROW so as to prevent the branches of s uch trees from co ming into contact with the Network Facilities. Franchisee s hall minimize the tri mm ing of trees to trimm ing only tho se trees th at are essentia l to maintain the integrity of the Network Faciliti es . Except in emergencies , (i) all trimming of trees in the Publi c ROW or on Municipal Page 170 of 393 Ordinance No. Page -6- property shall have th e pri or a pproval of Municipality a nd sha ll be done under the direct ion of the Mun icipality's horticulturist , or in the event that office is vacant, the Municipality 's Pub lic Works director, and (ii) all trimming of trees on private prop erty shall require the co nse nt of th e prop erty owner. A ll trimming sha ll be done at the ex pense of Franchisee. Fra nchi see is respons ibl e for the re moval and disposal of any limb s a nd debris from their tree trimming operation . 2.14 Location of Fac iliti es. Franch isee sha ll keep accurate , co mp lete, a nd current maps and records of the Network Facilities an d all Franchi see facilities and, subject to appli cabl e con fidentiali ty provisions , sha ll make availa ble e lectronic copies of such maps and records to Municipality, as set forth below. 2.14.1 Franchisee sha ll furnish "as-built" maps and records to Muni ci pality in e lectronic, ES RI-c ompatib le fo rmat ( or in another mappi ng format mutually agreed to by the Parties). Fran chisee shall provide Municipality co pi es of any new or revised "as-built" or com para bl e dr aw ings as and if they are generated for portions of the Network Facilities located withi n Municipality and wi ll provi de them to Municipality up on reasonable request a nd on a mutually-agreed timetable (e.g., pi ecemeal fo llowi ng the closure of each permit, or all at once after all the Work is comp lete), su bj ect to applica bl e co nfid entia li ty protections . Upon request by Municipality in an emergency, Franchisee, as soon as reasonabl y practica bl e, sha ll in form Municipality of any changes from such maps an d records previously suppli ed and shall mark up any maps provided by Municipality sp as to show the lo catio n of the Network Facilities. 2. 14.2 The "as bu ilt" maps sha ll includ e at a min imum all Network Facilit ies lo cated in a given segme nt, an d facility routings a nd s hall be draw n to sca le . 2.14 .3 Munici pality agrees that Franchi see may provide route maps rather than the as-built maps specifie d above . "Route maps" means "as-bu ilt" maps with only th e following info rm atio n removed: information o n the number of lines , whether the lines are copper or fiber and the nature of any electronics. Concrete pads for pedesta ls and enclosures for equipme nt or pedestals sha ll be shown on Rout e maps. 2.15 Utility Notification Program. Fra nc hi see shall comp ly with app li cable state and lo cal util ity location and notifi cation laws . 2.16 In specti on by Mu nici pality. Network Facilities sha ll be subject to inspection by Muni c ip ali ty to th e exte nt reasonably ·requested by Municipality and reasonably necessary to ass ure compliance by Franchisee w ith the terms of this Agreement. Municipality shall ins pect Netwo rk Fac iliti es at reasonable, mutually agreed upon times and upon reaso na bl e notice to Franchisee; provi ded, however, the inspection sha ll not interru pt or interfere w ith any services pro vided by Fra nchi see. 2.17 Franchise Fee. As cons id eratio n for the use of th e City's Public RO W as set forth in thi s Agreement, the Franchisee sha ll pay the City a Use Fee of five percent (5 %) of its Gross Revenues collected by the Franchisee during each calend ar year of operation under thi s agreement based on unaudited financials. The Franchi see will pay the Use Fee collected from its Customers for the Broadband Services annuall y, wi thin forty -fi ve (45) days of the close of Franchisee's fiscal year, whi ch en ds Dece mb er 3 1. Each Use Fee payment shall be accompanied by a certified report from a representative of the Fra nch isee , which shows the basis for the computation of all recurri ng monthly Broadband Service charges from th e provision of Broadband Services to Perso ns located w ithin the City limits during the Page 171 of 393 Ordinance No. Page -7- Franchisee's fiscal year for wh ich suc h payment is made. In the event that the Use Fee payment is not actually received by th e City on or before th e a pplicable du e date set forth in thi s secti on or is und erpaid, Franchi see shall pay in additi on to the Use Fee payme nt, or sum du e, interest from th e du e d ate at the state legal interest rate of 8% ann ually (Ala bama Co de § 8.8.1 ). If the Franchisee do es not provide Broadb and Services to Custo mer(s) wi thin the muni c ipal boundaries of the City, then th e Franchisee sha ll pay the City annuall y (19 ¢) per linear foot for the use of the City's Publi c ROW o nce th e fib er is lit an d carrying traffic commercially. A ll amounts paid shall be subject to aud it an d recomputation by City and acceptance of any payment shall not be constru ed as an accord that the amount paid is in fact the correct amount. In the event the C ity should co nduct a review of Franchisee's books and records and s uch review indicates a Use Fee underp aym ent of fi ve percent (5%) or more during the ent ire period reviewed, the Franch isee shall ass um e a ll reaso na bl e doc um ente d costs of s uch audit, an d pay same up on demand by the City. All doc um ents pertain in g to financial matters, w hich may be the s ubje ct of an audit by the City, sha ll be reta in ed by the Franchisee for a minimum perio d of six (6) years . For fai lure to provide data, do cum ents, reports or information or to cooperate with Municipality during an a udit as provi ded here in , the penalty shall be Two Hundred Fifty and No/100 Dollars ($250.00) per day for each day, or part thereof, such fai lure occ urs or continues. 3. Municipality 's Obligations. 3 .1 Emergency Removal or Relocation by Municipality. In the eve nt of a public emergency that creates an imminent threat to the health, safety, or property of Municip ality or its residents , Municipality may remove or relocate the app lica bl e portion s of the Network Facilities without prior notice to Franchisee . Municipality will , however, make best efforts to provid e prior notice to Franchisee before maki ng an emergency remova l or relocation. In any event, Municipality wi ll promptly provi de to Franchisee a wri tten description of any emergency removals or relocatio ns of Franchisee's Network Facilities . Franchisee will reimburse Municipality for its actual, reasonable, and documented costs or ex pen ses incurre d for any such work performed by Municipality, the direct ca use of which was Franchisee 's co nstruction , installation , operation, maintenance, re pair, or removal of its Network Facilities. 3.2 Relocatio n to Accom modate Governmental Purpo ses. If Franchisee 's then-existing Netwo rk Faci lities wo uld interfere w ith Municipality's plann ed use of the Public ROW or other Muni ci pality property for a legitimate no ncommercial governmen ta l purp ose, suc h as the construction, insta ll ation, repair, maintenance, or operation of a new water, sewer, or storm drain lin e, or a publi c road , curb, gutter, sidewa lk , park , or recreational facility, or in the event the affected Public ROW is lawfu lly vacated , elimi nated, discontinued, or closed by the Municipality, Franchisee w ill , up on written noti ce from Mun ici pality, relocate its Network Facilities at Franchisee 's own expe nse to suc h other locatio n or locat ions in the Publi c ROW as may be mutually agree d by the parties, taki ng into account the needs of th e Municip ality's governm ental purpose and Franchisee 's interest in maintaining the integrity and sta bil ity of its Network . Franchisee will relocate its Network Facilities wi thin a co mmerci a ll y reasonable period of time agreed to by th e parties , taki ng into account the urgency of the need for relocation , the di fficu lty of the relocation , and other relevant facts an d circumstances, exce pt that Municipality may not require Franchisee to relocate or remove its Network Facilities with less than ninety (90) days ' notice . Upon the fa ilure of Franchisee to relocate any Network Facilities Page 172 of 393 Ordinance No. Page -8- within a reasonable period of time in accordance with this subsect ion , Municipality may effect such relocation, and Franchisee shall promptly reimburse Municipality for all actual , reasonable, and documented costs and expenses incurred by Municipality in connection with such relocation . 3.3 Relocation to Accommodate on-Governmental Purp oses. If Franchisee 's then­ existing Network Facilities wo uld interfere with (a) Municipality's planned use of the Public ROW for a non-governmental (e.g ., commercial) purpose , or (b) a third­ party 's use of the Publi c ROW, Fra nchisee will not be required to relocate its Network Facilities . 3.4 Non-Discrimination. Any agreeme nts between Municipality a nd Franchisee that pro vide Franchisee access to publi c infrastructure, poles , co nduits , assets , and Publi c ROW will be available to other network operators that offer broadband In ternet access services, on rates , terms , and conditions that are as favorable as those Municipality provides Franchisee for the same access . 4. Contractors and Subcontractors. 4.1 Use of Contractors and Subcontractors . Franchisee may retain contractors and sub contractors to perform the Work on Franchisee's behalf. 4.2 Contractors to be Licensed . Fran chi see 's contractors and subcontracto rs used for the Work wi ll be properly licen sed under applicable law, regulat ions and ordinances . 4.3 Authorized Individuals . Franc hi see's co ntractors and subcontractors may submit ind ivid ual perm it applications to Municipality on Franchisee 's behalf, so long as the permit applications are signed by individuals th at Franchisee has authorized to act on its behalf yia a letter of authori zation provided to Municipality in the fo rm attached as Ex hibit A ("Authorized Indivi duals "). Municipa lity will accept for review permit applications und er this Agreement submitted and s igned by Authorized Individu a ls, an d w ill treat th ose a pplicat ion s as if they had been submitted by Franchisee under this Agreement. 5. Defense and Ind emnity. 5 .1 Indemnification. Franchisee shall indemnify, defend , and hold harmless Muni cipality, and governmenta l s ubdi visions thereof, and its respective City Council members , officers, boards , commissions , attorneys , agents , and employees (hereinafter referred to as "ln demnitees"), from an d aga inst any and a ll liability, obligation, damages , penalties , claims, costs, charges , losses an d expenses (including, wi thout limitation, reasonable fees and ex penses of attorneys) arisi ng from a ny third-party c la im of perso nal injury or property damage that may be imposed upo n, incurred by or be asserted agai nst the Indernn itees by reason of any neg li gent act or omi ssion of Franchi see , its personnel , employees , age nts, contractors, su bco ntractors or affiliates , whic h may arise out of(i) the construction, installation , operation , maintenance or condition of the Network Facilities , or (ii) the Franchisee's failure to comp ly with any applicable Federal , State or local statute, ordinance or regulation ("Third Party Legal Proceedin g"). Franchisee's indemnification obligation shall not extend to li ability to the extent caused by the negligence or willful misconduct by any lndemnitee or any other third party (to the exte nt such third parties are not Franchisee perso nnel , employees, agents , contractors , subcontractors or affi li ate s as described above in this Section 5 .1). Page 173 of 393 Ordinance No. Page -9- 5 .2 Assumption of Ri sk . Franchisee und ertak es and ass ume s fo r its officers , agents, contractors a nd subcontractors and e mplo yees, all risk of dangero us conditions, if any, on or abo ut any Municipality-owned or controlled property, including Public ROWs. 5.3 Defense of indemnitees. In the event any Third Party Legal Proc ee ding shall be brou ght agai nst the lnd ernnitees upon wri tten notice fro m Municipality in acco rd ance wi th Section 5.4 hereof, Franchisee shall , at Franchisee's sole cost an d expense , ass um e sole control of th e indemnified portion of the Third Party Lega l Proceedin g, subject to the following: (i) Municipality may appoint its own non­ contro lling co un sel , at its own ex pense; and (ii) any settleme nt requiri ng Municipality to admit li ability, pay mon ey, or tak e (or refrain from taking) any actio n, will require Municipality's prior written consent, not to be unreasonably withheld, conditioned , or delayed . 5.4 Notice, Coo perati on and Ex pen ses. Municipality must give Franchisee written notice of any Third-P arty Legal Pro cee din g not later than twe nty (20) days afte r Municip ali ty becomes aware of the Third-P arty Legal Proceedin g. Municipality shall re aso nab ly cooperate wi th Franchisee in the defense of the Third-Party Legal Proceeding and nothin g herein shall be constru ed to prevent Municipality fro m appointing its own noncontro lling counsel at Municipality 's so le cost and expe nse. 6. ROW Bond. Within thirty (30) days of th e Effective Date, Franchisee sha ll provide Municipality w ith , and s hall mai ntain, a ROW Bond fro m a s urety com pany in th e amount of One Hundred Thou sand Doll ars ($100,00 0) and in a form reas ona bly accep tabl e to Municipality, as security for the faithful performance by Franchisee of the provisions of this Agree men t. 6.1 The rights provided Municipality by thi s Section and its bond are in addition to all other rights of Municipa lity w heth er reserved by thi s Agreement or au thorized by law, a nd no action , pro cee d ing or exerc ise of a right with respect to suc h bond or guarantee shall affect any other ri ghts Municipality may have, except that Muni cipali ty shall not be entitled to multipl e remedi es for the same vio lation . 7. Insurance. 7 .1 Franchisee wi ll carry and maintain : 7 .1.1 Comme rcial Ge neral Liability (CGL) insurance, w ith policy limits not less th an $2 ,000 ,000 in aggregate and $2 ,000 ,000 for each occurrence covering bo d ily injury and property da mage w ith the following feature s: (a) CG L prim ary insura nce endorsement; and (b) CGL policy w ill include an e ndorsement wh ich names Municipality, its emp loyees, an d officers as addition al insureds. 7.1.2 Workers' Compensation in s ura nce w ith policy limits not less than the Municipality 's requirements. 7.2 All insurance certificates, e ndorseme nts , coverage verifi catio ns and other items required pursuant to thi s Agreement will be provid ed to the City Clerk wi th Franchi see's acceptance of thi s Franchi se . Franchi see shall annually provide Municipality w ith a certificate of in surance ev idenc ing such coverage. Failure to obtain and maintain any insurance policy required by thi s Section shall be deemed a material breach of this Agreement and sha ll be gro und s for term ination of thi s Agree ment and the Franchise. Page 174 of 393 Ordinance No. Page -10- 7.3 7.4 Contractors. Franchisee's co ntractors and su bcontractors worki ng in the Public ROW shall carry in full force and effect commercial general liability, a utomobil e li ability and workers ' compe nsation and employer's li abili ty insurance commensurate with the scope of their work. In the a lternative, Franchisee , at its expense, may provide such coverages for any or a ll its contractors or subcontractors (such as by addin g them to Franchisee policies). Fra nch isee's contractors and subcontractors shall provide Municipality with certificates of insurance evidencing such coverage when ap pl ying for permits to work in the Pub lic RO W. Insurance Primary. Franchisee's insurance coverage sha ll be primary in surance with respect to Municipality, its officers, agents , e mpl oyees, elected and appointed officia ls, departments, boards, an d comm issio ns (collectively "them"), but only for actions of Fra nchi see and fo r whom Franchisee is respo nsib le. Any ins urance or self-insurance ma intaine d by any of them shall be in excess of Franchisee's insurance and shall not contri bute to it (where "insurance or se lf-insurance maintained by any of them" includes any contract or agreement providing any type of indemnification or defense obligation provided to, or for the be nefi t of them, from any source, and inc lud es any self-insurance pro gram or po li cy, or se lf-insure d retention or deductible by, for or on behalf of them). 8. Te rm. This Agreeme nt is effective on th e later of (a) the date th e last party to s ign executes this Agreement and (b) the date on whi ch any implementing ordin ance becomes effective in accordance with its terms and State law ("E ffective Date"). This Agreement will ex pire automaticall y on th e tenth (10th) ann iversary of the Effective D ate ("Original Term "), unless earl ier terminated in accordance with th e pro visio ns herein. 9. Termination. 9 .1 Termination by Municipality. Municipality may terminate thi s Agreement if Franchisee is in material breach of the Agreement, provided that Municipality must first provide Fra nchisee writte n notice of the breach and not less than ninety (90) days to cure, unless th e cure cannot be reasonably accom pli she d in that time period, in w hich case the Municipality may in its di scretion grant Franchisee additiona l time upon the request of Franc hi see , provided that Franchisee mu st commence its efforts to cure within that time period an d the c ure period will co ntinue as long as such diligent efforts co ntinu e, pro vi ded further if such period is anticipated to , or does , extend more than ninety (90) days, it sha ll be in the sole discretion of the Municipality w hether to grant such cure extension beyond ninety (90) days . No termination un der this subsecti on wi ll be effect ive until the relevant cure period has expired. 9.2 Termination by Franchisee. Franchi see may terminate this Agreement for conveni ence upon ninety (90) days' written notice to Municipality. Franchisee may not a bandon its Network or any portion thereof without com pen sati ng City fo r damages resulti ng from the aba nd onment, including all costs incident to remova l of the Fi ber Optic Infrastructure Network. 10. Assignment. Except as set forth below, neither party may ass ig n or transfer its rights or obligations under th is Agreement, in who le or part, to a th ird party, with o ut the written consent of the other party. Any agreed upon assignee w ill take the place of the assigning party, a nd the assigni ng party will be re leased from all of its rights and obligations upo n such assignment. Page 175 of 393 Ordinance No. Page -11-I 0.1 Following any assignment of this Agreement to an Affiliate, Franchisee will remain responsible for such Affiliate's performance under the terms of this Agreement. For purposes of this Section, (a) "Affiliate" means any Person that now or in the future, directly or indirectly controls, is controlled with or by, or is under common control with Franchisee; and (b) "control" means, with respect to: (i) a U.S. corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof, or (ii) a non-U.S. corporation, if the voting power to elect directors thereof is less than fifty percent (50%), the maximum amount allowed by applicable law; and (iii) any other Person, fifty percent (50%) or more ownership interest in said Person, or the power to direct the management of such Person. 11.Notice. Every notice or response required by this Agreement to be served upon the Cityor the Franchisee shall be in writing and shall be deemed to have been duly given to therequired party three (3) business days after having been posted in a properly sealed andcorrectly addressed envelope when hand delivered or sent by certified or registered mail,postage prepaid as follows:The notices or responses to the City shall be addressed as follows:City of Fairhope, Alabama ATTN: MAYOR 161 North Section Street City of Fairhope, Alabama 36532 The notices or responses to the Franchisee shall be addressed as follows: Fiber Utility Network, Inc. d/b/a Alabama Fiber Network 103 Jesse Samuel Hunt Blvd. Suite 203 Prattville, Alabama 36066 Attn: President The City and the Franchisee may designate such other address or addresses from time to time by giving written notice to the other party as set forth in this section. 12.General Provisions12.1 Franchise Records. Franchisee shall prepare and maintain any records or reportsthat are required of it by federal, State, or local law. Municipality shall have the right to obtain, in the format kept by Franchisee in the ordinary course of business, copies of such records and reports as appropriate and reasonably necessary to determine whether Franchisee is in compliance with this Agreement. Franchisee reserves the right to object to any request made under this Section as unnecessary, unreasonable, or inappropriate under the circumstances and to seek appropriate confidentiality protections for any information to be produced to Municipality. 12.2 Entire Franchise. This Agreement, including the Exhibits attached hereto, contains the entire agreement between the parties and all prior franchises, negotiations and agreements relating to the Network Facilities or provision of Broadband Services are merged herein and hereby superseded. Page 176 of 393 Ordinance No. Page -12- 12 .3 Conferences. As may be mutually agreed upon between the parties from time to time, the parties hereby agree to meet at reasonable times on reasonable notice to discuss any aspect of this Agreement, the provision of Broadband Services or the Network Facilities during the Term hereof. 12.4 Governing Law. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the law of the State of Alabama. Each party to this Agreement hereby irrevocably agrees that any legal action or proceeding arising out of or related to this Agreement or any of the agreements or transactions contemplated hereby shall be brought to the Circuit Court of Baldwin County, Alabama and hereby expressly submits to the personal jurisdiction and venue of such courts for the purposes thereof and expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum. 12.5 Waiver of Compliance. No failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right, term or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term , or condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. Municipality may waive any obligation of Franchisee under this Agreement, in whole or in part, at any time, but such waiver must be in writing, and signed by the Municipality 's Mayor or designee. 12 .6 Independent Contractor Relationship. The relationship of Franchisee to Municipality is and shall continue to be an independent contractual relationship , and no liability or benefits, such as worker's compensation , pension rights or liabilities, insurance rights or liabilities or other provisions or liabilities, arising out of or related to a contract for hire or employer/employee relationship, shall arise or accrue to either party or either party's agents or employees as a result of the performance of this Agreement, unless expressly stated in this Agreement. 12 .7 Severability. If any section , paragraph, or provision of this Agreement shall be held to be invalid or unenforceable for any reason , the invalidity or unenforceability of such section , paragraph , or provision shall not affect any of the remaining provisions of this Agreement. 12 .8 Captions . All captions are for convenience of use and have no substantive effect. 12.9 Franchise Accepted. Franchisee further acknowledges by execution and delivery of this Agreement that it has carefully read the terms and conditions of this Agreement and the Ordinance and accepts the obligations imposed hereby and thereby regardless of whether such obligations are contained in this Agreement or the Ordinance, or both . 12.10 Binding Agreement. Subject to Section 2.3, the parties agree that this Agreement complies with State and Federal law as of the Effective Date and agree to be bound by the provisions hereof during the full term hereof, except that the parties also agree to recognize and be bound by any change in any State or Federal law, even if such law materially affects the terms of this Agreement. Page 177 of 393 Ordinance No. Page -13- 12.11 Other Covenants. Franchisee for itself and its Affiliates covenants that Franchisee and its Affiliates shall not bring or support, directly or indirectly, any suit, claim, or proceeding (judicial or administrative) challenging any term of this Agreement or contending that Municipality or Franchisee did not have the authority to impose or agree to such terms. 12.12 Reserved Rights. Municipality reserves all rights and powers under (i) its police powers and (ii) powers conferred by Federal, State, or local law of which Municipality may not legally and contractually divest itself. In particular, Municipality reserves the right to alter, amend or repeal its municipal code as it determines shall be conducive to the health, safety and welfare of the public, or otherwise in the public interest; provided that any such alteration, amendment or repeal shall be applicable to all similarly situated franchisees of the Municipality, in such a manner and to such an extent so as not to place Franchisee at a material competitive disadvantage. In the event the municipal code or other applicable local law is amended in a manner that would materially alter Franchisee's rights and obligations under this Agreement, the Municipality will provide Franchisee with reasonable advance notice of such pending amendment and, upon written request of Franchisee, negotiate in good faith to modify this Agreement to ameliorate any adverse effects such amended municipal code provisions would have on Franchisee's performance under this Agreement. Municipality agrees that by accepting this Agreement, Franchisee has not waived its right to object to the application to it of actions by Municipality pursuant to its reserved rights or police powers. 12.13 City Representative. The Mayor or designee as provided in writing by the Mayor to the Franchisee (the "City Representative"), shall be Municipality's representative for all purposes of this Agreement. Except where City Council action is required by this Agreement or by law, all decisions, judgments, approvals, requests, notices or other actions of Municipality required or permitted under this Agreement shall be made, obtained, issued or delivered or otherwise effected on behalf of Municipality by the Mayor, or designee. 12.14 Authority. Franchisee represents, covenants and warrants to Municipality as of the Effective Date that: (a) Franchisee is duly constituted, in good standing and qualified to do business in the State of Alabama, (b) Franchisee will file when due all forms, reports, fees and other documents necessary to comply with applicable laws, and (c) the signatories signing on behalf of Franchisee have the requisite authority to bind Franchisee pursuant to Franchisee's organizational documents. 12.15 Publication. This Franchise shall be published in accordance with applicable local and state law and Grantee, shall pay the reasonable cost of any required publication of this Franchise. 12.16 Acceptance. Franchisee's acceptance of this Agreement shall be in writing in a form approved by the City attorney and shall be accompanied by delivery of a check, approved by the City, in the amount of Four Thousand Dollars ($4,000.00) made payable to the City of Fairhope, Alabama and shall serve to recover expenses incurred by the City in the granting of this Franchise. SIGNATURE PAGE TO FOLLOW ADOPTED AND APPROVED TH IS 9 TH DAY OF MARCH , 2026 Page 178 of 393 Ordinance No . Page -14- CITY OF FAIRHOPE, ALABAMA BY: James Reid Conyer, Jr. Title: Council President ATTEST: Lisa A. Hanks, MMC City Clerk FIBER UTILITY ETWORK, INC. BY: ~(.,..I0,202ll11 :lll:22AST} Terry Metze Title: Chief Executive Officer Page 179 of 393 EXHIBIT A FORM OF LETTER OF AUTHORIZATION Alabama Fiber Network . 382 Leavell Circle Suite C Montgomery, Alabama 36117 City of Fairhope Attn : Mayor P .O. Drawer 429 City of Fairhope , AL 36533 Dear Mayor Sullivan: In accordance with Section 4 .3 of the Broadband Services Franchise Agreement dated between City of Fairhope, Alabama and Alabama Fiber Network, hereby designates the following Authorized Individuals (as that term is defined in the Agreement), who may submit and sign permit applications on behalf of the Franchisee . l . Mike Wise, VP Operations & Construction 2 . Tina Stewart, Sr. Director of Project Management 3. Sheryl Kilgore , CFO 4. Terry Metze , CEO This authorization may be withdrawn or amended and superseded by a written amendment to this Letter of Authorization , which will be effective 24 hours after receipt by the Municipality. Kind regards , ~(1-.010 20al15.l22.UI) Terry Metze., CEO Alabama Fiber Network Page 180 of 393 Fairhope AL -Alabama Fiber Network Draft Document 2-3-26 Final Audit Report Created : By : Status : Transaction ID: 2026-02-20 Tina Stewart (tstewart@alabamafibemetwork .com) Signed CBJCHBCAABAAgpc1 Fz2xcPK8fXxv1 _CpWYh1 uUo8iiWM 2026-02-20 "Fairhope AL -Alabama Fiber Network Draft Document 2-3-26" History 'Ell Document created by Tina Stewart (tstewart@alabamafibernetwork.com) 2026-02-20 -3:38 :36 PM GMT E?.,J Document emailed to Terry Metze (tmetze@alabamafibernetwork.com) for signature 2026-02 -20 -3:38:41 PM GMT 'Ell Email viewed by Terry Metze (tmetze@alabamafibernetwork.com) 2026-02 -20 -3:52 :26 PM GMT ~ Document e-signed by Terry Metze (tmetze@alabamafibernetwork.com) Signature Date : 2026-02-20 -3:53 :22 PM GMT -Time Source : server 9 1 Agreement completed . 2026-02-20 -3:53 :22 PM GMT Fiber Adobe Alabama I ~ by Network Acrobat Sign Page 181 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-690 FROM: Lisa Hanks, CITY CLERK Jennifer Olmstead, Revenue Manager SUBJECT: An Ordinance granting a Non-Exclusive Franchise to Highstream Fiber Inc., its successors and assigns ("Franchisee") for the purpose of Constructing and Maintaining a Fiber-Optic Infrastructure Network within the Public Rights-of-Way within the City of Fairhope, Alabama. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance granting a Non-Exclusive Franchise to Highstream Fiber Inc., its successors and assigns ("Franchisee") for the purpose of Constructing and Maintaining a Fiber-Optic Infrastructure Network within the Public Rights-of-Way within the City of Fairhope, Alabama. BACKGROUND INFORMATION: This agreement has been approved by Consultant Greg Fender. Franchisee’s acceptance of this Agreement shall be in writing in a form approved by the City attorney and shall be accompanied by delivery of a check, approved by the City, in the amount of Two Thousand Dollars ($2,000.00) made payable to the City of Fairhope, Alabama and shall serve to recover expenses incurred by the City in the granting of this Franchise. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 182 of 393 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 183 of 393 Page 1 of 16 ORDINANCE NO. _____ AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO HIGHSTREAM FIBER INC., ITS SUCCESSORS AND ASSIGNS (“FRANCHISEE”) FOR THEPURPOSE OF CONSTRUCTING AND MAINTAINING A FIBER-OPTIC INFRASTRUCTURE NETWORK WITHIN THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF FAIRHOPE, ALABAMA WHEREAS, the City of Fairhope, Alabama ( “Municipality” or “City”) has jurisdiction over the use of public rights-of-way in the City in which it now or hereafter holds any property interest, including, but not limited to public streets, roadways, highways, bridges, land paths, boulevards, avenues, lanes, alleys, sidewalks, circles, drives, public easements, public utility easements, dedicated utility strips, and rights-of-way dedicated for compatible uses now or hereafter held by City (but excluding City parks or recreation areas)(“Public ROW”); and WHEREAS, (“the Franchisee”) desires to construct install, maintain, operate, and control a fiber optic infrastructure network in Public ROW (“Network”) for the purpose of offering communications services (“Services”), including broadband Internet access service as defined in 47 C.F.R. § 8.1(b) (“Broadband Internet Services”) and Voice over Internet Protocol services, but excluding multichannel video programming services over a cable system that would be subject to a cable franchise to residents and businesses in the City (“Customers”); and WHEREAS, the Franchisee has requested a franchise from the City in order to construct and maintain a fiber-optic infrastructure network within the corporate limits of the City; and WHEREAS, the City Council wishes to accommodate the Franchisee’s request and grant a franchise to allow Franchisee to construct and maintain a fiber-optic infrastructure network in accordance with the terms and conditions contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: DEFINED TERMS A. “Broadband Services” means the transmission of information using optical fiber including without limitation internet services. B. “City” means the City of Fairhope, Alabama. C. “Code” means the City of Fairhope, Alabama Municipal Code of Ordinances, as may from time to time be amended. D. “Franchisee” means HighStream Fiber, Inc. and its successors and assigns. E. “Governing Body” or “City Council” means the City Council of the City of Fairhope, Alabama. Page 184 of 393 Page 2 of 16 F. “Gross Revenues” means all local revenue, in whatever form and from all sources, determined in accordance with generally accepted accounting principles that is received or accrued by Franchisee from Franchisee’s provision of Broadband services within the City with a deduction for Franchisee’s uncollectible accounts, but without deduction for operating expenses, accruals, or any other expenditure. Notwithstanding the foregoing, Gross Revenue shall not include any taxes on Broadband services furnished by Franchisee that are imposed by any City, state, or other governmental unit and collected by Franchisee for such governmental unit. G. “Network Facilities” means equipment and facilities that may include fiber optic cables, lines, wires, or strands; conduits, vaults, access manholes and handholes; electronic equipment; power generators; batteries; pedestals; boxes; cabinets; vaults; and other similar facilities. H. “Person” means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, sole proprietorship, political subdivision, public or private agency of any kind, utility, successor or assign of any of the foregoing, or any other legal entity. I. “Use Fee” means the fee paid by the Franchisee to the City for locating, maintaining and operating Network Facilities in the Rights-of-Way for the provision of Broadband Services. AGREEMENT In consideration of the mutual promises made below, the City and Franchisee agree as follows: 1. Permission to Use and Occupy. 1.1 Permission to Use and Occupy Public ROW. Municipality grants Franchisee permission to use and occupy the Public ROW (the “License”) for the purpose of constructing, installing, repairing, maintaining, operating, and if necessary, removing the Network and the related Network Facilities (the “Work”). This Agreement and the License do not authorize Franchisee to use any property other than the Public ROW as agreed herein. Franchisee’s use of any other Municipality property, including poles and conduits, will be, subject to mutual agreement, governed under a separate written agreement regarding that use. 1.2 Subject to State of Alabama and Local Law. This Agreement and the License are subject to Municipality’s valid authority under the State of Alabama (at times, herein “State”) and local laws as they exist now or may be amended from time-to-time, and subject to the conditions set forth in this Agreement. 1.3 Subject to Municipality’s Right to Use Public ROW. This Agreement and the License are subject and subordinate to Municipality’s prior and continuing right to use the Public ROW, including constructing, installing, operating, maintaining, repairing, or removing sewers, water pipes, storm drains, gas pipes, utility poles, overhead and underground electric lines and related facilities, and other public utility and municipal uses. Page 185 of 393 Page 3 of 16 1.4 Subject to Pre-Existing Property Interests. Municipality’s grant of the License is subject to all valid pre-existing easements, restrictions, conditions, covenants, encumbrances, claims of title or other property interests that may affect the Public ROW. Franchisee will obtain at its own cost and expense any permission or rights as may be necessary to accommodate such pre-existing property interests. 1.5 No Grant of Property Interest. The License does not grant or convey any property interest. 1.6 Non-Exclusive. The rights granted to Franchisee pursuant to this Agreement are non-exclusive. Municipality expressly reserves the right to grant licenses, permits, franchises, privileges or other rights to any other individual, corporation, partnership, limited liability company, trust, joint stock company, business trust, unincorporated association, joint venture, governmental authority or other entity of any nature whatsoever (“Person”), as well as the right in its own name as a municipality, to use the Public ROW for similar or different purposes allowed Franchisee under this Agreement. This Agreement does not establish any priority for the use of the Public ROW by Franchisee or by any present or future franchisees or other permit holders. In the event of any dispute as to the priority of use of the Public ROW the first priority shall be to the public generally, the second priority to Municipality in the performance of its various functions, and thereafter, as between Franchisee and other franchisees and permit holders, as determined by Municipality in the exercise of its reasonable powers, including the police power and other powers reserved to and conferred on it by the State of Alabama consistent with the rights granted to Franchisee pursuant to this Agreement. 1.7 Backup Power. Franchisee shall not use a permanent or semi- permanent internal combustion engine (such as a gasoline or natural gas-powered electric generator) to provide backup power at any point or points on the Network Facilities without Municipality's prior written approval. Such approval may be granted subject to conditions, such as relating to testing times (e.g., not in the middle of the night), screening, noise levels, and temperature and safe discharge of hot exhaust gasses. Municipality hereby grants Franchisee approval to use backup power generating devices, including devices with permanent or semipermanent internal combustion engines, at its network hut sites and inside buildings or on land owned by Franchisee subject to the specific conditions provided for in the network hut leases entered into between Franchisee and Municipality for the use of land owned by Municipality, and any applicable building code requirements. 1.8 Limitation on Use Rights. Nothing in this Agreement shall be construed as requiring Franchisee to alter the manner in which Franchisee attaches equipment to the poles, if any poles are allowed by Municipality, or alter the manner in which it operates and maintains its equipment. 2. Franchisee’s Obligations. 2.1 Individual Permits Required. Franchisee will obtain Municipality’s approval of required individual encroachment, construction, repair and maintenance of the Network Facilities and other necessary Page 186 of 393 Page 4 of 16 permits before placing its Network Facilities in the Public ROW or other property of Municipality as authorized. Franchisee will pay all lawful permit, processing, field marking, engineering, and inspection fees associated with the issuance of individual permits by Municipality. 2.2 Franchisee’s Sole Cost and Expense. Franchisee will perform the Work at its sole cost and expense. 2.3 Compliance with Laws. Franchisee will comply with all applicable federal, state and local laws, regulations and ordinances when performing the Work. Franchisee shall comply in all respects with all applicable codes. Franchisee will place its Network Facilities in conformance with the required permits, plans, and drawings approved by Municipality. 2.4 Reasonable Care. Franchisee will exercise reasonable care when performing the Work and will use commonly accepted practices and equipment to minimize the risks of personal injury, property damage, soil erosion, and pollution of surface or groundwater. 2.5 No Nuisance. Franchisee will maintain its Network Facilities in good and safe condition so that its Network Facilities do not cause a public nuisance. 2.6 No Burden on Public ROW; Minimum Interference. Franchisee shall not erect, install, construct, repair, replace or maintain the Network Facilities in such a fashion as to unduly burden the present or future use of the Public ROW. The Network Facilities shall be erected and maintained by Franchisee so as to cause the minimum interference with the use of the Public ROW and with the rights or reasonable convenience of property owners who adjoin any of the Public ROW. The location of Network Facilities within, on, over, under, across or through the Public ROW shall, in all cases, be subject to prior Municipality approval through the applicable permitting process. 2.7 Limitation on Franchise Rights. Except as may otherwise be agreed upon in writing by Municipality and Franchisee, the rights granted to Franchisee herein do not include the right to (i) excavate in, occupy or use any Municipality park, recreational areas or other Municipality property other than the Public ROW, or (ii) attach or locate any Network Facilities to or on, or otherwise utilize any of, any Municipality-owned property or facilities or structures other than Public ROW, including without limitation light poles, towers, buildings and trees. The use of such Municipality-owned property or facilities by Franchisee shall be considered by Municipality on a case- by-case basis and may be subject to payment of additional compensation to Municipality. Similarly, the rights granted herein by Municipality to Franchisee do not include the right to situate any Network Facilities on poles or other property owned by entities other than Municipality and situated in the Public ROW. It shall be the responsibility of Franchisee to negotiate any pole-attachment agreements or similar agreements with the owners of such poles or facilities, and to pay to such owners any required compensation. Page 187 of 393 Page 5 of 16 2.8 Preconstruction Meetings. Franchisee shall attend all reasonably necessary preconstruction meetings as mutually agreed with Municipality. 2.9 Restoration of Property. Franchisee shall restore and replace at its sole cost and expense, in a manner reasonably approved by Municipality, any public or private property, real or personal, or portion of the Public ROW, that is disturbed, damaged or injured by the construction, operation, maintenance or removal of the Network Facilities to at least as good condition as that which existed prior to the disturbance if such damage is directly caused by Franchisee’s Work and no other Person (other than Franchisee’s personnel, employees, agents, contractors, subcontractors or Affiliates) is responsible for the damage (e.g., where a Person other than Franchisee fails to accurately or timely locate its underground facilities as required by applicable law). Franchisee's obligation in this subsection shall be limited by, and consistent with, any applicable seasonal or other restrictions on construction or restoration work. Franchisee's restoration work shall start promptly but not more than sixty (60) days from Franchisee being notified of the problem in question. Upon the failure of Franchisee to effect such repair or restoration, Municipality may effect the same, and Franchisee shall promptly reimburse Municipality for Municipality's actual, reasonable, and documented costs in connection with such repair or restoration. 2.10 Emergency Notification. Franchisee shall provide Municipality throughout the Term of the Franchise with a twenty-four (24) hour emergency telephone number at which a representative of Franchisee (not voicemail or a recording) can be accessed in the event of an Emergency. 2.11 Duty to Underground. It is the policy of Municipality to have lines and cables placed underground to the greatest extent reasonably practicable, as determined by the Municipality. In furtherance of this policy, Franchisee agrees that it shall place its constructed lines and cables underground to the extent reasonably practicable, as determined by the Municipality, provided however the Franchisee’s network hut sites may be above ground. 2.12 Discontinuance and Removal of the Network Facilities. Upon the revocation, termination, or expiration of this Agreement, unless an extension is granted by Municipality in its discretion, Franchisee shall discontinue the provision of Services and all rights of Franchisee to use the Public ROW for the provision of Services shall cease. Franchisee, at the direction of Municipality, shall remove any portion of the Network Facilities and restore such Public ROW and other affected property in accordance with Section 2.9 hereof within the Public ROW. Alternatively, if mutually agreed by Franchisee and Municipality, such Network Facilities may be abandoned in place or transferred to Municipality. This Section 2.12 shall not apply to facilities constructed and owned by the Franchisee or an Affiliate of Franchisee, where such facilities are used by Franchisee or such Affiliate to lawfully provide other services. Page 188 of 393 Page 6 of 16 No surety on any right-of-way bond (“ROW Bond”) nor any letter of credit shall be discharged until Municipality has certified to Franchisee in writing that the Network Facilities has been dismantled, removed, and all other property restored, to the satisfaction of Municipality. 2.13 Tree Trimming. Franchisee may trim trees upon and overhanging the Public ROW so as to prevent the branches of such trees from coming into contact with the Network Facilities. Franchisee shall minimize the trimming of trees to trimming only those trees that are essential to maintain the integrity of the Network Facilities. Except in emergencies, (i) all trimming of trees in the Public ROW or on Municipal property shall have the prior approval of Municipality and shall be done under the direction of the Municipality's horticulturist, or in the event that office is vacant, the Municipality’s Public Works director, and (ii) all trimming of trees on private property shall require the consent of the property owner, and it is Franchisee’s responsibility to ensure such consent is valid and from the private property owner(s) of record. All trimming shall be done at the expense of Franchisee. 2.14 Location of Facilities. Franchisee shall keep accurate, complete, and current maps and records of the Network Facilities and all Franchisee facilities and, subject to applicable confidentiality provisions, shall make available electronic copies of such maps and records to Municipality, as set forth below. 2.14.1 Franchisee shall furnish "as-built" maps and records to Municipality in electronic, ESRI-compatible format (or in another mapping format mutually agreed to by the Parties). Franchisee shall provide Municipality copies of any new or revised "as-built" or comparable drawings as and if they are generated for portions of the Network Facilities located within Municipality and will provide them to Municipality upon reasonable request and on a mutually-agreed timetable (e.g., piecemeal following the closure of each permit, or all at once after all the Work is complete), subject to applicable confidentiality protections. Upon request by Municipality in an emergency, Franchisee, as soon as reasonably practicable, shall inform Municipality of any changes from such maps and records previously supplied and shall mark up any maps provided by Municipality so as to show the location of the Network Facilities. 2.14.2 The "as built" maps shall include at a minimum all Network Facilities located in a given segment, and facility routings and shall be drawn to scale. 2.14.3 Municipality agrees that Franchisee may provide route maps rather than the as-built maps specified above. "Route maps" means "as-built" maps with only the following information removed: information on the number of lines, whether the lines are copper or fiber and the nature of any electronics. Concrete pads for pedestals and enclosures for equipment or pedestals shall be shown on Route maps. Page 189 of 393 Page 7 of 16 2.15 Utility Notification Program. Franchisee shall comply with applicable state and local utility location and notification laws. 2.16 Inspection by Municipality. Network Facilities shall be subject to inspection by Municipality to the extent reasonably requested by Municipality and reasonably necessary to assure compliance by Franchisee with the terms of this Agreement. Municipality shall inspect Network Facilities at reasonable, mutually agreed upon times and upon reasonable notice to Franchisee; provided, however, the inspection shall not interrupt or interfere with any services provided by Franchisee. 2.17 Franchise Fee. As consideration for the use of the City’s Public ROW as set forth in this Agreement, the Franchisee shall pay the City a Use Fee of five percent (5%) of its Gross Revenues collected by the Franchisee during each calendar year of operation under this agreement based on unaudited financials. The Franchisee will pay the Use Fee collected from its Customers for the Broadband Services quarterly, within forty-five (45) days of the close of Franchisee’s fiscal quarters. Each Use Fee payment shall be accompanied by a certified report from a representative of the Franchisee, which shows the basis for the computation of all recurring monthly Broadband Service charges from the provision of Broadband Services to Persons located within the City limits during the Franchisee’s fiscal year for which such payment is made. In the event that the Use Fee payment is not actually received by the City on or before the applicable due date set forth in this section or is underpaid, Franchisee shall pay in addition to the Use Fee payment, or sum due, interest from the due date at the state legal interest rate of 8% annually (Alabama Code § 8.8.1). If the Franchisee does not provide Broadband Services to Customer(s) within the municipal boundaries of the City, then the Franchisee shall pay the City (19¢) per linear foot for the use of the City’s Public ROW once the fiber is lit and carrying traffic commercially. The fee may be adjusted annually based on the Consumer Price Index (CPI). Payments are due quarterly, based on the total linear footage utilized during the previous quarter. Franchisee must provide accurate measurements of the ROW used, along with any supporting documentation, by the end of each quarter. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. In the event the City should conduct a review of Franchisee’s books and records and such review indicates a Use Fee underpayment of five percent (5%) or more during the entire period reviewed, the Franchisee shall assume all reasonable documented costs of such audit, and pay same upon demand by the City. All documents pertaining to financial matters, which may be the subject of an audit by the City, shall be retained by the Franchisee for a minimum period of five (5) years. 3. Municipality’s Obligations. 3.1 Emergency Removal or Relocation by Municipality. In the event of a public emergency that creates an imminent threat to the health, safety, or property of Municipality or its residents, Municipality may remove or relocate the applicable portions of the Network Facilities without Page 190 of 393 Page 8 of 16 prior notice to Franchisee. Municipality will, however, make best efforts to provide prior notice to Franchisee before making an emergency removal or relocation. In any event, Municipality will promptly provide to Franchisee a written description of any emergency removals or relocations of Franchisee’s Network Facilities. Franchisee will reimburse Municipality for its actual, reasonable, and documented costs or expenses incurred for any such work performed by Municipality, the direct cause of which was Franchisee’s construction, installation, operation, maintenance, repair, or removal of its Network Facilities. 3.2 Relocation to Accommodate Governmental Purposes. If Franchisee’s then- existing Network Facilities would interfere with Municipality’s planned use of the Public ROW or other Municipality property for a legitimate noncommercial governmental purpose, such as the construction, installation, repair, maintenance, or operation of a new water, sewer, or storm drain line, or a public road, curb, gutter, sidewalk, park, or recreational facility, or in the event the affected Public ROW is lawfully vacated, eliminated, discontinued, or closed by the Municipality, Franchisee will, upon written notice from Municipality, relocate its Network Facilities at Franchisee’s own expense to such other location or locations in the Public ROW as may be mutually agreed by the parties, taking into account the needs of the Municipality’s governmental purpose and Franchisee’s interest in maintaining the integrity and stability of its Network. Franchisee will relocate its Network Facilities within a commercially reasonable period of time agreed to by the parties, taking into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances, except that Municipality may not require Franchisee to relocate or remove its Network Facilities with less than one hundred eighty (180) days’ notice. Upon the failure of Franchisee to relocate any Network Facilities within a reasonable period of time in accordance with this subsection, Municipality may effect such relocation, and Franchisee shall promptly reimburse Municipality for all actual, reasonable, and documented costs and expenses incurred by Municipality in connection with such relocation. 3.3 Relocation to Accommodate Non-Governmental Purposes. If Franchisee’s then- existing Network Facilities would interfere with (a) Municipality’s planned use of the Public ROW for a non- governmental (e.g., commercial) purpose, or (b) a third-party’s use of the Public ROW, Franchisee will not be required to relocate its Network Facilities. 3.4 Non-Discrimination. Any agreements between Municipality and Franchisee that provide Franchisee access to public infrastructure, poles, conduits, assets, and Public ROW will be available to other network operators that offer broadband Internet access services, on rates, terms, and conditions that are as favorable as those Municipality provides Franchisee for the same access. 4. Contractors and Subcontractors. 4.1 Use of Contractors and Subcontractors. Franchisee may retain contractors and subcontractors to perform the Work on Franchisee’s behalf. Page 191 of 393 Page 9 of 16 4.2 Contractors to be Licensed. Franchisee’s contractors and subcontractors used for the Work will be properly licensed under applicable law, regulations and ordinances. 4.3 Authorized Individuals. Franchisee’s contractors and subcontractors may submit individual permit applications to Municipality on Franchisee’s behalf, so long as the permit applications are signed by individuals that Franchisee has authorized to act on its behalf via a letter of authorization provided to Municipality in the form attached as Exhibit A (“Authorized Individuals”). Municipality will accept for review permit applications under this Agreement submitted and signed by Authorized Individuals, and will treat those applications as if they had been submitted by Franchisee under this Agreement. 5. Defense and Indemnity. 5.1 Indemnification. Franchisee shall indemnify, defend, and hold harmless Municipality, and governmental subdivisions thereof, and its respective council members, officers, boards, commissions, attorneys, agents, and employees (hereinafter referred to as "Indemnitees"), from and against any and all liability, obligation, damages, penalties, claims, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys) arising from any third-party claim of personal injury or property damage that may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any negligent act or omission of Franchisee, its personnel, employees, agents, contractors, subcontractors or affiliates, which may arise out of (i) the construction, installation, operation, maintenance or condition of the Network Facilities, or (ii) the Franchisee's failure to comply with any applicable Federal, State or local statute, ordinance or regulation (“Third Party Legal Proceeding”). Franchisee's indemnification obligation shall not extend to liability to the extent caused by the negligence or willful misconduct by any Indemnitee or any other third party (to the extent such third parties are not Franchisee personnel, employees, agents, contractors, subcontractors or affiliates as described above in this Section 5.1). 5.2 Assumption of Risk. Franchisee undertakes and assumes for its officers, agents, contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or about any Municipality- owned or controlled property, including Public ROWs. 5.3 Defense of indemnitees. In the event any Third Party Legal Proceeding shall be brought against the Indemnitees upon written notice from Municipality in accordance with Section 5.4 hereof, Franchisee shall, at Franchisee's sole cost and expense, assume sole control of the indemnified portion of the Third Party Legal Proceeding, subject to the following: (i) Municipality may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring Municipality to admit liability, pay money, or take (or refrain from taking) any action, will require Municipality’s prior written consent, not to be unreasonably withheld, conditioned, or delayed. Page 192 of 393 Page 10 of 16 5.4 Notice, Cooperation and Expenses. Municipality must give Franchisee written notice of any Third-Party Legal Proceeding not later than twenty (20) days after Municipality becomes aware of the Third-Party Legal Proceeding. Municipality shall reasonably cooperate with Franchisee in the defense of the Third-Party Legal Proceeding and nothing herein shall be construed to prevent Municipality from appointing its own noncontrolling counsel at Municipality’s sole cost and expense. 6. ROW Bond. Within thirty (30) days of the Effective Date, Franchisee shall provide Municipality with, and shall maintain, a ROW Bond from a surety company in the amount of Fifty Thousand Dollars ($50,000) and in a form reasonably acceptable to Municipality, as security for the faithful performance by Franchisee of the provisions of this Agreement. 6.1 The rights provided Municipality by this Section and its bond are in addition to all other rights of Municipality whether reserved by this Agreement or authorized by law, and no action, proceeding or exercise of a right with respect to such bond or guarantee shall affect any other rights Municipality may have, except that Municipality shall not be entitled to multiple remedies for the same violation. 7. Insurance. 7.1 Franchisee will carry and maintain: 7.1.1 Commercial General Liability (CGL) insurance, with policy limits not less than $2,000,000 in aggregate and $2,000,000 for each occurrence covering bodily injury and property damage with the following features: (a) CGL primary insurance endorsement; and (b) CGL policy will include an endorsement which names Municipality, its employees, and officers as additional insureds. 7.1.2 Workers’ Compensation insurance with policy limits not less than the Municipality’s requirements. 7.2 All insurance certificates, endorsements, coverage verifications and other items required pursuant to this Agreement will be provided to the City Clerk with Franchisee’s acceptance of this Franchise. Franchisee shall annually provide Municipality with a certificate of insurance evidencing such coverage. Failure to obtain and maintain any insurance policy required by this Section shall be deemed a material breach of this Agreement and shall be grounds for termination of this Agreement and the Franchise. 7.3 Contractors. Franchisee's contractors and subcontractors working in the Public ROW shall carry in full force and effect commercial general liability, automobile liability and workers' compensation and employer's liability insurance commensurate with the scope of their work. In the alternative, Franchisee, at its expense, may provide such coverages for any or all its contractors or subcontractors (such as by adding them to Franchisee policies). Franchisee’s contractors and subcontractors shall provide Municipality with certificates of insurance evidencing such coverage when applying for permits to work in the Public ROW. Page 193 of 393 Page 11 of 16 7.4 Insurance Primary. Franchisee's insurance coverage shall be primary insurance with respect to Municipality, its officers, agents, employees, elected and appointed officials, departments, boards, and commissions (collectively "them"), but only for actions of Franchisee and for whom Franchisee is responsible. Any insurance or self-insurance maintained by any of them shall be in excess of Franchisee's insurance and shall not contribute to it (where "insurance or self- insurance maintained by any of them" includes any contract or agreement providing any type of indemnification or defense obligation provided to, or for the benefit of them, from any source, and includes any self-insurance program or policy, or self-insured retention or deductible by, for or on behalf of them). 8. Term. This Agreement is effective on the later of (a) the date the last party to sign executes this Agreement and (b) the date on which any implementing ordinance becomes effective in accordance with its terms and State law (“Effective Date”). This Agreement will expire automatically on the tenth (10th) anniversary of the Effective Date (“Original Term”), unless earlier terminated in accordance with the provisions herein. 9. Termination. 9.1 Termination by Municipality. Municipality may terminate this Agreement if Franchisee is in material breach of the Agreement, provided that Municipality must first provide Franchisee written notice of the breach and not less than one hundred eighty (180) days to cure, unless the cure cannot be reasonably accomplished in that time period, in which case the Municipality may in its discretion grant Franchisee additional time upon the request of Franchisee, provided that Franchisee must commence its efforts to cure within that time period and the cure period will continue as long as such diligent efforts continue, provided further if such period is anticipated to, or does, extend more than one hundred eighty (180) days, it shall be in the sole discretion of the Municipality whether to grant such cure extension beyond one hundred eighty (180) days. No termination under this subsection will be effective until the relevant cure period has expired. 9.2 Termination by Franchisee. Franchisee may terminate this Agreement for convenience upon one hundred eighty (180) days’ written notice to Municipality. Franchisee may not abandon its Network or any portion thereof without compensating City for damages resulting from the abandonment, including all costs incident to removal of the Fiber Optic Infrastructure Network. 10. Assignment. Except as set forth below, neither party may assign or transfer its rights or obligations under this Agreement, in whole or part, to a third party, without the written consent of the other party. Any agreed upon assignee will take the place of the assigning party, and the assigning party will be released from all of its rights and obligations upon such assignment. 10.1 Following any assignment of this Agreement to an Affiliate, Franchisee will remain responsible for such Affiliate’s performance under the terms of this Agreement. For purposes of this Section, (a) “Affiliate” means any Person that now or in the future, directly or indirectly controls, is controlled with or by, or is under common Page 194 of 393 Page 12 of 16 control with Franchisee; and (b) “control” means, with respect to: (i) a U.S. corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof, or (ii) a non-U.S. corporation, if the voting power to elect directors thereof is less than fifty percent (50%), the maximum amount allowed by applicable law; and (iii) any other Person, fifty percent (50%) or more ownership interest in said Person, or the power to direct the management of such Person. 11. Notice. Every notice or response required by this Agreement to be served upon the City or the Franchisee shall be in writing and shall be deemed to have been duly given to the required party three (3) business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail, postage prepaid as follows: The notices or responses to the City shall be addressed as follows: City of Fairhope, Alabama ATTN: Revenue Department P. O. Drawer 429 City of Fairhope, Alabama 36533 The notices or responses to the Franchisee shall be addressed as follows: HighStream Fiber, Inc. Attn: President 215 East 1st Street Bay Minette, Alabama 35607 The City and the Franchisee may designate such other address or addresses from time to time by giving written notice to the other party as set forth in this section. 12. General Provisions 12.1 Franchise Records. Franchisee shall prepare and maintain any records or reports that are required of it by federal, State, or local law. Municipality shall have the right to obtain, in the format kept by Franchisee in the ordinary course of business, copies of such records and reports as appropriate and reasonably necessary to determine whether Franchisee is in compliance with this Agreement. Franchisee reserves the right to object to any request made under this Section as unnecessary, unreasonable, or inappropriate under the circumstances and to seek appropriate confidentiality protections for any information to be produced to Municipality. 12.2 Entire Franchise. This Agreement, including the Exhibits attached hereto, contains the entire agreement between the parties and all prior franchises, negotiations and agreements relating to the Network Facilities or provision of Broadband Services are merged herein and hereby superseded. Page 195 of 393 Page 13 of 16 12.3 Conferences. As may be mutually agreed upon between the parties from time to time, the parties hereby agree to meet at reasonable times on reasonable notice to discuss any aspect of this Agreement, the provision of Broadband Services or the Network Facilities during the Term hereof. 12.4 Governing Law. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the law of the State of Alabama. Each party to this Agreement hereby irrevocably agrees that any legal action or proceeding arising out of or related to this Agreement or any of the agreements or transactions contemplated hereby shall be brought to the Circuit Court of Baldwin County, Alabama and hereby expressly submits to the personal jurisdiction and venue of such courts for the purposes thereof and expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum. 12.5 Waiver of Compliance. No failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right, term or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term, or condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. Municipality may waive any obligation of Franchisee under this Agreement, in whole or in part, at any time, but such waiver must be in writing, and signed by the Municipality’s Mayor or their designee. 12.6 Independent Contractor Relationship. The relationship of Franchisee to Municipality is and shall continue to be an independent contractual relationship, and no liability or benefits, such as worker's compensation, pension rights or liabilities, insurance rights or liabilities or other provisions or liabilities, arising out of or related to a contract for hire or employer/employee relationship, shall arise or accrue to either party or either party's agents or employees as a result of the performance of this Agreement, unless expressly stated in this Agreement. 12.7 Severability. If any section, paragraph, or provision of this Agreement shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Agreement. 12.8 Captions. All captions are for convenience of use and have no substantive effect. 12.9 Franchise Accepted. Franchisee further acknowledges by execution and delivery of this Agreement that it has carefully read the terms and conditions of this Agreement and the Ordinance and accepts the obligations imposed hereby and thereby regardless of whether such obligations are contained in this Agreement or the Ordinance, or both. Page 196 of 393 Page 14 of 16 12.10 Binding Agreement. Subject to Section 2.3, the parties agree that this Agreement complies with State and Federal law as of the Effective Date and agree to be bound by the provisions hereof during the full term hereof, except that the parties also agree to recognize and be bound by any change in any State or Federal law, even if such law materially affects the terms of this Agreement. 12.11 Other Covenants. Franchisee for itself and its Affiliates covenants that Franchisee and its Affiliates shall not bring or support, directly or indirectly, any suit, claim, or proceeding (judicial or administrative) challenging any term of this Agreement or contending that Municipality or Franchisee did not have the authority to impose or agree to such terms. 12.12 Reserved Rights. Municipality reserves all rights and powers under (i) its police powers and (ii) powers conferred by Federal, State, or local law of which Municipality may not legally and contractually divest itself. In particular, Municipality reserves the right to alter, amend or repeal its municipal code as it determines shall be conducive to the health, safety and welfare of the public, or otherwise in the public interest; provided that any such alteration, amendment or repeal shall be applicable to all similarly situated franchisees of the Municipality, in such a manner and to such an extent so as not to place Franchisee at a material competitive disadvantage. In the event the municipal code or other applicable local law is amended in a manner that would materially alter Franchisee’s rights and obligations under this Agreement, the Municipality will provide Franchisee with reasonable advance notice of such pending amendment and, upon written request of Franchisee, negotiate in good faith to modify this Agreement to ameliorate any adverse effects such amended municipal code provisions would have on Franchisee’s performance under this Agreement. Municipality agrees that by accepting this Agreement, Franchisee has not waived its right to object to the application to it of actions by Municipality pursuant to its reserved rights or police powers. 12.13 City Representative. The Mayor or designee as provided in writing by the Mayor to the Franchisee (the "City Representative"), shall be Municipality's representative for all purposes of this Agreement. Except where City Council action is required by this Agreement or by law, all decisions, judgments, approvals, requests, notices or other actions of Municipality required or permitted under this Agreement shall be made, obtained, issued or delivered or otherwise effected on behalf of Municipality by the Mayor, or her designee. 12.14 Authority. Franchisee represents, covenants and warrants to Municipality as of the Effective Date that: (a) Franchisee is duly constituted, in good standing and qualified to do business in the State of Alabama, (b) Franchisee will file when due all forms, reports, fees and other documents necessary to comply with applicable laws, and (c) the signatories signing on behalf of Franchisee have the requisite authority to bind Franchisee pursuant to Franchisee’s organizational documents. Page 197 of 393 Page 15 of 16 12.15 Publication. This Franchise shall be published in accordance with applicable local and state law and Grantee, shall pay the reasonable cost of any required publication of this Franchise. 12.16 Acceptance. Franchisee’s acceptance of this Agreement shall be in writing in a form approved by the City attorney and shall be accompanied by delivery of a check, approved by the City, in the amount of Two Thousand Dollars ($2,000.00) made payable to the City of Fairhope, Alabama and shall serve to recover expenses incurred by the City in the granting of this Franchise. Said expenses shall include attorney’s fees and consulting expenses incurred by the City. ADOPTED AND APPROVED this 9th day of MARCH, 2026. CITY OF FAIRHOPE, ALABAMA ____________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 198 of 393 Page 16 of 16 Signed by authorized representatives of the parties on the dates written below. CITY OF FAIRHOPE, ALABAMA HIGHSTREAM FIBER, INC. BY: _____________________________ BY: ____________________________ Sherry Sullivan, Mayor Date Russ Reynolds, President Date ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk EXHIBIT A FORM OF LETTER OF AUTHORIZATION HighStream Fiber, Inc. 215 East 1st Street Bay Minette, Alabama 35607 City of Fairhope Attn: Mayor P.O. Drawer 429 City of Fairhope, AL 36533 Dear Mayor Sullivan: In accordance with Section 4.3 of the Broadband Services Franchise Agreement dated _______ between City of Fairhope, Alabama and HighStream Fiber, Inc., hereby designates the following Authorized Individuals (as that term is defined in the Agreement), who may submit and sign permit applications on behalf of the Franchisee. 1. Name, Title 2. Name, Title 3. Name, Title 4. Name, Title This authorization may be withdrawn or amended and superseded by a written amendment to this Letter of Authorization, which will be effective 24 hours after receipt by the Municipality. Kind regards, __________________________ Russ Reynolds, President HighStream Fiber, Inc. Page 199 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-717 FROM: Jennifer Olmstead, Revenue Manager SUBJECT: An Ordinance to amend Chapter 4 of the Code of Ordinances of the City of Fairhope, Alabama to add Licensing of Consumable Hemp Products in the Corporate Limits and Police Jurisdiction of the City of Fairhope. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance for City of Fairhope Consumable Hemp Products. BACKGROUND INFORMATION: WHEREAS, pursuant to Title 11, Chapter 51, Article 2 of the Code of Alabama, 1975, municipalities are granted the authority to license and tax businesses operating within their jurisdiction; and WHEREAS, pursuant to Title 28, Chapter 12 of the Code of Alabama, 1975, consumable hemp products are eligible for sale in the state by retailers licensed by the alcohol beverage board upon approval by the local governing body of the county or municipality in which the licensee’s facility is located; and WHEREAS, the City of Fairhope desires to establish a license fee for consumable hemp products, in accordance with current state law. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 200 of 393 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 201 of 393 ORDINANCE NO. _____ WHEREAS, pursuant to Title 11, Chapter 51, Article 2 of the Code of Alabama, 1975, municipalities are granted the authority to license and tax businesses operating within their jurisdiction; and WHEREAS, pursuant to Title 28, Chapter 12 of the Code of Alabama, 1975, consumable hemp products are eligible for sale in the state by retailers licensed by the alcohol beverage board upon approval by the local governing body of the county or municipality in which the licensee’s facility is located; and WHEREAS, the City of Fairhope desires to establish a license fee for consumable hemp products, in accordance with current state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA AS FOLLOWS: SECTION 1. Definitions. Words and phrases used in this article, and not herein specifically defined, and which are specifically defined in Title 28, Code of Alabama 1975, as amended, unless the context plainly shows a different meaning, shall be given the meaning ascribed to them in said Title 28. a. "City" shall mean the City of Fairhope, an Alabama municipal corporation. b. "Person" shall include every individual, partnership, limited liability company, association, limited liability partnership, or other form of organization engaged in any for- profit or not-for-profit activity. c. “Consumable Hemp Product” shall mean and have the same meaning as the term is defined in Section 28-12-2, Code of Alabama 1975 d. “Retailer” shall mean any person or business entity who sells consumable hemp products to individual consumers or to the end-user, whether from a storefront or online, and regardless of location. e. “License” shall mean an annual license issued by the City for the privilege of selling consumable hemp products. SECTION 2. License – Required for each place of business. No person shall engage in business as a retailer of consumable hemp products in the corporate limits of the City or within the police jurisdiction thereof, without first obtaining a license to conduct such business. SECTION 3. Application. The City council shall prescribe the form of application for such license. All persons making application for consumable hemp products shall request the City Council to set down for hearing the application not more than thirty (30) days after the date of the next regular council meeting after receiving such application. Page 202 of 393 Ordinance No. ____ SECTION 4. Operating without a license. SECTION 5. Licenses nontransferable; separate license; display of license. SECTION 6. License fees imposed – in City. • Specialty Retailer of Consumable Hemp Products. There is hereby established an annual license fee for a specialty retailer of consumable hemp products in the amount of one thousand dollars ($1,000.00) as licensed by the alcohol beverage board. • Retail Food Store Consumable Hemp Products. There is hereby established an annual license fee for a retail food store consumable hemp product in the amount of one thousand dollars ($1,000.00) as licensed by the alcohol beverage board. SECTION 7. License fees imposed – in police jurisdiction. SECTION 8. License fees imposed – No reduction, proration or rebate of license fee. SECTION 9. Failure to File or Submitting False Statements. SECTION 10. Payment Deadlines and Penalties. Page 203 of 393 Ordinance No. ____ SECTION 11. Penalties for Violations. SECTION 12. Severability SECTION 13. Effective Date Page 204 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-613 FROM: Richard Johnson, CITY ENGINEER John Thomas, Interim Public Works Director SUBJECT: Resolution — That the City Council approves and accepts the Temporary Right-of-Entry and Construction Easement from the Fairhope Single Tax Corporation, Project: 2026-PWD 003 River Mill Park, City of Fairhope Parcel 05-46-06-14-0-000-001.57. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: The City of Fairhope authorizes Fairhope Single Tax Corporation — FSTC, its successors and assigns, including its contractors and subcontractors, the authority and permission to enter in and onto the premises located within the County of Baldwin, State of Alabama as identified in Exhibit A. Parcel D, River Mill Subdivision, Unit One (1), as shown on the map or plat thereof recorded on Slide 1541-B, Probate Records of Baldwin County, Alabama Lands of the Fairhope Single Tax Corporation, lying in Section 14, Township 6 South, Range 2 East, Baldwin County, Alabama. Parcel ID: 05-46-06-14-0-000-001.575. To do the following work on the above described property: Ingress & Egress: Storage of equipment and materials; and working area as necessary to construct a new community park on the above described property, including, but not limited to, construction of public parking, bathrooms, a playground, a large pavilion, courts (basketball and pickleball), sidewalks, other park-related amenities, excavation, fill, grading, drainage, stabilization, sodding and all other work related to the FSTC 2026-PWD 003 River Mill Park Project (as shown in Exhibit B). All at no direct expense to the said property owner. It is understood and agreed that any and all lands and/or improvements, including trees and shrubs, that are disturbed in the utilization of the rights hereby granted will be restored to a condition substantially the same as existed immediately prior to said disturbance. The removal and resetting of all fencing and encroaching structures shall be at the grantee's expense. All rights hereby granted are temporary in nature and will be abandoned by Fairhope Single Tax Page 205 of 393 Corporation and will totally revert to the owners upon completion and acceptance of the Project by the City of Fairhope or twelve months from the date hereof, whichever first occurs. The grantee agrees to defend, indemnify, and hold harmless the City of Fairhope from liability and claim for damages due to bodily injury, death, property damage, sickness, illness, disease, or expenses or losses from the Grantee's, its successors and assigns, including its contractors and subcontractors, performance under this temporary right-of entry and construction easement to construct a new community park to be paid for out of Grantee's pocket. The grantee will behave in the capacity of an independent contractor with respect to the City of Fairhope. 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 206 of 393 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and accepts the Temporary Right-of-Entry and Construction Easement from the Fairhope Single Tax Corporation, Project: 2026-PWD 003 River Mill Park, City of Fairhope Parcel 05-46-06-14-0-000- 001.57. Adopted on this 9th day of March, 2026 ________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 207 of 393 PARCEL: 05-46-06-14-0-000-001.575 FAIRHOPE, CITY OF PROJECT: Fairhope Single Tax Corporation 2026-PWD 003 River Mill Park TEMPORARY RIGHT-OF-ENTRY PERMIT AND CONSTRUCTION EASEMENT STATE OF ALABAMA} COUNTY OF BALDWIN} The undersigned hereby certifies and warrants that he is the title owner or the authorized agent of said owner of the property described herein, and the undersigned hereby authorized the Fairhope Single Tax Corporation -FSTC (Grantee), its successors and assigns , including its contractors and subcontractors , the authority and permission to enter in and onto the premises located within the County of Baldwin , State of Alabama, more c·ommonly identified as (As shown in Exhibit "A "): PA RCEL D, RIVER MILL SUBDIVISION, UNIT ON E (1 ), AS SHO WN ON MAP OR PLAT THEREOF RECORDED ON SLIDE 1541-B, PROBATE REC ORDS OF BALDWIN CO UNTY, A LABAMA , LA N DS OF THE FA IRHOPE SIN GLE TAX CORPORATION, LYIN G IN SECTION 14, TOWNSHJP 6 SO UTH, RA NGE 2 EA ST, BALDWIN CO UNTY, ALABAMA . PARCEL ID :05-46-06-14-0-000-00l .5 75 AND DO THE FOLLOWING WORK ON THE ABOVE DESCRIBED PROPERTY: INGRESS & EGRESS ; STORAGE OF EQUIPMENT & MATERIALS ; AND WORKING AREA AS NECESSARY TO CONSTRUCT A NEW COMMUNITY PARK ON THE ABOVE DESCRIBED PROPERTY , INCLUDING , BUT NOT LIMITED TO , CONSTRUCTION OF PUBLIC PARKING , BATHROOMS , A PLAYGROUND , A LARGE PAVILION , COURTS (BASKETBALL AND PICKLEBALL), SIDEWALKS , OTHER PARK-RELATED AMENlTIES , EXCAVATION, FILL , GRADING , DRAINAGE , STABILIZATION, SODDING AND ALL OTHER WORK RELATED TO THE FSTC 2026-PWD 003 RIVER MILL PARK PROJECT (AS SHOWN IN A TT ACHED EXHIBIT "B"). All at no direct expense to the said property owner. It is understood and agreed that any and all lands and/or improvements , including trees and shrubs , that are disturbed in the utilization of the rights hereby granted will be restored to a condition substantially the same as existed immediately prior to said disturbance. The removal and resetting of all fencing and encroaching structures shall be at the grantee 's expense . All rights hereby granted are temporary in nature and will be abandoned by Fairhope Single Tax Corporation and will totally revert to the owners upon completion and acceptance of the Project by City of Fairhope or twelve months from the date hereof, whichever first occurs . The Grantee agrees to defend, indemnify , and hold harmless the City of Fairhope from liability and claim for damages due to bodily injury , death , property damage, sickness , illness , disease , or expenses or losses from the Grantee's, its successors and assigns , including its contractors and subcontractors, performance under this temporary right-of-entry and construction easement to construct a new community park to be paid for out of Grantee's pocket. The Grantee will behave in the capacity of an independent contractor with respect to the City of Fairhope. Page 208 of 393 For the considerations and purposes set forth herein , I hereby set my hand and seal this the ___ day of __________ . 20 Witnessed By: GRANTEE Witnessed By : (Signature) Sherry Sullivan , Mayor, City of Fairhope , Alabama P .O . Drawer 429 Fairhope. AL 36533 {251) 928-8003 (Signature) Fairhope Single Tax Corporation Its : _______________ _ Address & Phone Page 209 of 393 EXHIBIT"A" Fairhope Single Tax Corporation 2026-PWD 003 River Mill Park D BC Parcels -Road Center1ines bc_imagery.GIS1.COLOR_2022 RGB Page 210 of 393 \ \ \ \ \ \ \ i-, i.., L,,,.i MASTER LAYOUT PICKLEBALL AND BASKETBALL COURTS R1VERM ILL SUBDIVISlON Page 211 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-562 FROM: Richard Johnson, CITY ENGINEER John Thomas, Interim Public Works Director SUBJECT: The City Engineer, Richard Johnson, and the interim Public Works Director, John Thomas, have requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the construction of a brick plaza at Julwin's Plaza. Authorize Treasurer to transfer $82,398.14 in the FY2026 Budget from General Fund to Capital Projects Fund. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: To approve the award of Bid No. 26-012-2024-PWI-023 Julwin's Plaza Project to RH Deas Building Co., LLC. for a not-to-exceed amount of $432,398.14. Authorize Treasurer to transfer $82,398.14 in the FY2026 Budget from General Fund to Capital Projects Fund. BACKGROUND INFORMATION: A service bid was issued on December 5, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Three (3) responsive bids were received at the bid opening on January 27, 2026 at 2:30 p.m. The City Engineer recommends the award be made to RH Deas Building Co., LLC. Their low bid price was as follows: Base Bid: $417,366.09 15% Contingency: $62,604.91 Alternate 01 (Landscape Trees & Plants): $54,086.00 Alternate 02 (Sidewalk along Bancroft): $9,913.75 Total Bid Price with Alternate 1 and Alternate 2: $543,970.75 After review of the Bid Response, Value Engineering was performed by the Project Architect and the City Engineer to reduce the award cost as follows: Base Bid (reduce Electric Contingency to $15,000.00): $402,366.09 5% Contingency of Reduced Base Bid: $20,118.30 Alternate 01 (Landscape Trees & Plants): Contractor will purchase plant materials out of Contingency and City will perform landscaping Page 212 of 393 Alternate 02 (Sidewalk along Bancroft): $9,913.75 Total VE Bid Price with Alternate 2: $432,398.14 The City Engineer recommends awarding the RH Deas Building Co., LLC. a not-to- exceed contract cost of Four Hundred Thirty-Two Thousand Three Hundred Ninety- Eight Dollars and Fourteen Cents ($432,398.14). Previous Council Action: Resolution No. 5392-25, adopted by City Council on March 10, 2025, authorized a contract for professional architectural services for the redevelopment and restoration of the corner near Julwins (RFQ PS25-022) with a not-to-exceed amount of $36,531.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55896 Line 10 Julwin's Plaza (Pocket Park) $350,000.00 $432,398.14 ($82,398.14) Project No.: 2024PWI023 | Project Expense String: 2024PWI023-CONS Authorize Treasurer to transfer $82,398.14 in the FY2026 Budget from General Fund to Capital Projects Fund as follows: General Fund 001-49998 Budget Rollover ($82,398.14) 001900-50965 Transfers CapProj Fund $82,398.14 Capital Projects Fund 103-49810 Transfers from General Fund ($82,398.14) 103-55896 Julwin's Plaza Capital Project $82,398.14 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: Upon approval of General Fund transfer - Treasury will increase budget for 2024PWI023 in Project Ledger in the amount of $82,398.14. Page 213 of 393 Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 214 of 393 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-012- 2024-PWI-023) Julwin’s Plaza Project 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 Julwin’s Plaza Project [3] After evaluating bid proposals, with required bid specifications, Value Engineering (VE) was performed by the Project Architect and the City Engineer to reduce the award. Base Bid (reduce Electric Contingency to $15,000.00: $402,366.09 5% Contingency of Reduced Base Bid: $20,118.30 Alternate 01 (Landscape Trees & Plants): Contractor will purchase plant materials out of Contingency and City will perform landscaping. Alternate 02 (Sidewalk along Bancroft): $9,913.75 Total VE Bid Price with Alternate 2: $432,398.14 The City Engineer recommends to award (Bid No. 26-012-2024-PWI-023) for Julwin’s Plaza Project for the Fairhope Public Works Department to RH Deas Building Co., LLC with Total VE Bid Price with Alternate 2 with a not-to-exceed contract cost of Four Hundred, Thirty-Two Thousand, Three Hundred, Ninety-Eight Dollars and Fourteen Cents ($432,398.14). ADOPTED ON THIS 9TH DAY OF MARCH, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 215 of 393 $15,000.00 $402,366.09 Reduce to 5% $422,484.39 $20,118.30 Recommended NTE for Award of $432,398.14* *GC will purchase plant materials out of contingency and PW (Horticulture) will perform landscaping Proposed Awarding to RH Deas Page 216 of 393 January 27, 2026 City of Fairhope Richard Johnson, Public Works Director Erin Wolfe, Purchasing Manager 161 North Section Street Fairhope, AL 36532 REFERENCE: JULWIN’S PLAZA PROJECT Bid Number: 26-012-2024-PWI-023 Dear Mr. Johnson and Ms. Wolfe: We have reviewed the bid proposals, and the low bidder is RH Deas Building Co., LLC, with a total bid of $543,970.75, which includes a $30,000 electrical allowance, a 15% contingency, an Alternate 01(Landscape Trees & Plants) and Alternate 02 (Sidewalk along Bancroft), and all documentation appears adequate for award should the City of Fairhope choose to move forward with this project. Please note that it is not our intent to exhaust the contingency and electrical allowances and will make every effort to bring the total project cost less than $500,000. If you have any questions or need additional information concerning this bid, please do not hesitate to contact my office Sincerely, Christian Preus, PLA CPLA Principal Attachment: Certified Bid Tab Page 217 of 393 BID TABULATION PROFESSIONAL: PROJECT NAME: BID NUMBER:CHRISTIAN PREUS LANDSCAPE ARCHITECTURE BID OPENING DATE: TIME: LOCATION: NUMBER OF BIDS RECEIVED:3 NUMBER OF ADDENDA:2 General Contractor License Number Security Addenda BASE BID 15% CONTINGENCY TOTAL TOTAL 57048 yes yes $417,366.09 $62,604.91 $54,086.00 $9,913.75 $543,970.75 57754 yes yes $465,611.86 $69,841.78 $51,820.72 $4,980.05 $592,254.41 49555 yes yes $471,663.97 $70,749.60 $57,395.32 $6,658.95 $606,467.84 01/27/2026 Christian Preus, PLA Date Christian Preus Landscape Architecture, PLLC I certify that this is a correct tabulation of all bids received for this Project on the date stated above. (After having checked the Contractor’s Name PL Russell, LLC PROPOSED BIDDERS RH Deas Building Co, LLC Fairhope, AL City of Fairhope Fairhope - Julwin's Plaza Project 26-012-2024-PWI-023 Fairhope City Services & Public Utilities January 27, 2026 2:30 PM Page 218 of 393 RH DEAS BUILDING CO., LLC Page 219 of 393 Page 220 of 393 Page 221 of 393 Page 222 of 393 Page 223 of 393 Page 224 of 393 Page 225 of 393 Page 226 of 393 Page 227 of 393 PL RUSSELL, LLC Page 228 of 393 Page 229 of 393 Page 230 of 393 Page 231 of 393 Page 232 of 393 Page 233 of 393 Page 234 of 393 MCELHENNEY CONSTRUCTION COMPANY, LLC Page 235 of 393 Page 236 of 393 Page 237 of 393 Page 238 of 393 Page 239 of 393 Page 240 of 393 Page 241 of 393 Page 242 of 393 Page 243 of 393 Page 244 of 393 Page 245 of 393 Page 246 of 393 Page 247 of 393 Page 248 of 393 Page 249 of 393 Page 250 of 393 PRF Fairhope Ave Pocket Park - Julwins Plaza Park Final Audit Report 2025-10-03 Created:2025-10-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAQOgCPvWhfYJ7Nsya2zdLL_irwm2oJBWA "PRF Fairhope Ave Pocket Park - Julwins Plaza Park" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-10-02 - 3:09:44 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-10-02 - 3:12:11 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-10-02 - 5:35:13 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-10-02 - 5:36:12 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-10-02 - 5:36:14 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-10-02 - 8:10:33 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-10-02 - 8:19:29 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-10-02 - 8:19:32 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-10-03 - 11:47:15 AM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-10-03 - 11:47:41 AM GMT - Time Source: server Page 251 of 393 Agreement completed. 2025-10-03 - 11:47:41 AM GMT Page 252 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-711 FROM: Richard Johnson, CITY ENGINEER SUBJECT: Song Grove Homeowners Association, Inc. Drainage Improvement and Repair Project pursuant to four reservations and conditions listed in the resolution. That the City of Fairhope will contribute up to $30,846.00 in material costs (in delivered Class II Riprap). The City Council deems it to be in the best interest of the public to materially participate in said drainage improvements, up to the value of the public right-of-way improvements, within Cowpen Creek Watershed to protect public health, safety, and welfare of the public. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council adopts Resolution BACKGROUND INFORMATION: The City of Fairhope will contribute up to $30,846.00 in material costs (in delivered Class II Riprap) if the Song Grove Homeowners Association, Inc. performs the full Drainage Improvement and Repair Project pursuant to four reservations and conditions listed in the resolution. The allowance is based on the equivalent “in-place” value of the riprap used to protect the channel crossings of the two public right-of-ways. If the costs are less, the amount contributed is to be the lesser amount. The City Council deems it to be in the best interest of the public to materially participate in said drainage improvements, up to the value of the public right-of-way improvements, within Cowpen Creek Watershed to protect public health, safety, and welfare of the public. The Board of Song Grove Homeowners Association, Inc. has requested the City of Fairhope to materially participate in the repairs and improvements of the degraded channels that are a vital component in the tributary of Cowpen Creek. The project includes upstream and downstream inlet and outlet protection measures at the Public Road Crossings of Wittier and Pliska Streets which are accepted, publicly maintained City streets and are the responsibility of the City of Fairhope to maintain. The City Council deems it to be in the best interest of the public to materially participate in said drainage improvements, up to the value of the public right -of-way improvements, within Cowpen Creek Watershed to protect public health, safety, and welfare of the public. Page 253 of 393 Based on the following reservations and conditions: 1. The O&M of the Drainage System is the responsibility of Song Grove Homeowners Association, Inc. 2. This is not a City Project, and the City has no roles or responsibility in design, construction or project management – this is the sole responsibility of the Song Grove Homeowners Association, Inc. 3. Song Grove Homeowners Association, Inc. remains responsible for all current and future O&M of the drainage within their development 4. Song Grove Homeowners Association, Inc. shall provide a waiver and indemnification of the City of Fairhope from all aspects of connection to and liability from their drainage system, project and maintenance. 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 254 of 393 RESOLUTION NO. _____ A RESOLUTION TO MATERIALLY PARTICIPATE IN A DRAINAGE IMPROVEMENT AND REPAIR PROJECT WITH SONG GROVE HOMEOWNERS ASSOCIATION, INC. WHEREAS, Song Grove Homeowners Association, Inc. (HOA) is a duly incorporated Board representing the homeowners of Song Grove Subdivision located in the corporate limits of Fairhope, Alabama; and WHEREAS, Song Grove Homeowners Association, Inc. is the responsible party for operations and maintenance of all stormwater management and conveyance systems within their common areas and dedicated easements; and WHEREAS, conveyance channels within Song Grove Subdivision have degraded from stormwater runoff and begun to fail resulting in threats to the watershed and private lot owners within the subdivision; and WHEREAS, the conveyance channels within Song Grove Subdivision are part of the larger Cowpen Creek Watershed that serves the eastern half of the City of Fairhope; and WHEREAS, Song Grove Homeowners Association, Inc. has engaged a Design Professional and General Contractor to design and conduct repairs and improvements to the impacted and degraded channels; and WHEREAS, the Board of Song Grove Homeowners Association, Inc. has requested the City of Fairhope to materially participate in the repairs and improvements of the degraded channels that are a vital component in the tributary of Cowpen Creek; and WHEREAS, the project includes upstream and downstream inlet and outlet protection measures at the Public Road Crossings of Wittier and Pliska Streets which are accepted, publicly maintained City streets and are the responsibility of the City of Fairhope to maintain; and WHEREAS, the City Council deems it to be in the best interest of the public to materially participate in said drainage improvements, up to the value of the public right-of-way improvements, within Cowpen Creek Watershed to protect public health, safety, and welfare of the public; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Contribute up to $30,846.00 in material costs (in delivered Class II Riprap) if the Song Grove Homeowners Association, Inc. performs the full Project. The allowance is based on the equivalent “in-place” value of the riprap used to protect the channel crossings of the two public right-of-ways. If the costs are less, the amount contributed is to be the lesser amount. Page 255 of 393 Resolution ____ Page -2- Based on the following reservations and conditions: 1. The O&M of the Drainage System is the responsibility of Song Grove Homeowners Association, Inc. 2. This is not a City Project, and the City has no roles or responsibility in design, construction or project management – this is the sole responsibility of the Song Grove Homeowners Association, Inc. 3. Song Grove Homeowners Association, Inc. remains responsible for all current and future O&M of the drainage within their development 4. Song Grove Homeowners Association, Inc. shall provide a waiver and indemnification of the City of Fairhope from all aspects of connection to and liability from their drainage system, project and maintenance. ADOPTED AND APPROVED THIS 9TH DAY OF MARCH 2026 _ James Reid Conyers, Jr. Council President Attest: Lisa A. Hanks, MMC City Clerk Page 256 of 393 Page 257 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-614 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS Richard Johnson, CITY ENGINEER SUBJECT: The Director of Community Affairs, Paige Crawford and the City Engineer, Richard Johnson, are requesting the hiring of a professional engineer for RFQ PS26-019 Professional Architectural and Engineering Design Services for the interior restroom remodel at the James P. Nix Center. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $13,275.00 for RFQ PS26-019 Professional Architectural and Engineering Design Services for the interior restroom remodel at the James P. Nix Center and allow the Mayor to execute a contract with Goodwyn Mills Cawood, LLC (GMC). BACKGROUND INFORMATION: The Director of Community Affairs, Paige Crawford and the City Engineer, Richard Johnson, are requesting the hiring of a professional engineer for RFQ PS26-019 Professional Architectural and Engineering Design Services for the interior restroom remodel at the James P. Nix Center. A/E services for this project shall include the following detailed scope of work for architecture, interiors, and plumbing: • Restroom Renovation Area: Approximately 1,000 Square Feet 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. • Removing existing flooring and base to install new updated tile flooring in 2 restrooms only. The Mayor, Director of Community Affairs, and the City Engineer would like to establish a not-to-exceed amount for Professional Architectural and Engineering Design Services Page 258 of 393 of Thirteen Thousand Two Hundred Seventy-Five Dollars ($13,275.00). FY2026 total project budget of $140,000.00 is sufficient to cover construction and any necessary additional expenses as project budget remaining balance will be $126,725.00. This agenda for requested engineering procurement represents 9.5% of total project budget. Previous Council Action: On February 19, 2026, the City Council approved the selection by Mayor Sherry Sullivan for Professional Architectural and Engineering Design Services for (RFQ PS26- 019) for the Nix Center Bathroom Remodel Project to Goodwyn Mills Cawood, LLC (GMC); and authorized Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001300- 50475-10 Adult Recreation - Capital Improvements $13,275.00 $13,275.00 $0.00 Project No.: 2026COM001 | Project Expense String: 2026COM001-ENG FY2026 total project budget of $140,000.00 with a remaining balance after this procurement of $126,725.00, which should be sufficient to cover construction and any necessary additional expenses. This agenda for requested engineering procurement represents 9.5% of total project budget. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: Treasury to create project and corresponding project budget in Project Ledger as follows: Project No.: 2026COM001 | Project Expense String: 2026COM001-ENG = $13,275.00 Project No.: 2026COM001 | Project Expense String: 2026COM001-CONS = $126,725.00 Page 259 of 393 Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 260 of 393 RESOLUTION NO. ________ , as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with Goodwin Mills Cawood, LLC (GMC) for Professional Architectural and Engineering Design Services for the interior restroom remodel at the James P. Nix Center (RFQ PS26-019) with a not-to-exceed contract amount of $13,275.00. DULY ADOPTED THIS 9TH DAY OF MARCH, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 261 of 393 May 14, 2025 Mr. George Ladd City of Fairhope - Public Works Director 555 Section Street Fairhope, AL 36532 RE: City of Fairhope James P. Nix Center Two Existing Restrooms Renovation Dear Mr. Ladd: Goodwyn Mills Cawood, LLC (GMC) sincerely appreciates the opportunity to present this proposal to provide Architectural design services for the interior restroom light remodel at the James P. Nix Center located at 1 Bayou Drive, Fairhope, AL 36532. PROJECT SCOPE: The design intent of this project is to make the restrooms ADA Compliant by changing out the 11 plumbing fixtures for one to one replacement, install new countertops with 6 new sinks with trash can holes, remove and replace the tile floors and base, install new toilet partitions, install new toilet accessories, and new painting on the existing walls. The Owner representative would like to add a changing partition space in the Women’s restroom if space allows, but it may not fit due to ADA compliance . There is no structural, mechanical, or electrical scope of work in the project. Opinion of Estimated Construction Cost: $ 118,000 The above cost is an opinion of cost based on visual inspection of existing conditions and subject to change. These opinions of costs should be considered an order of magnitude and not based on a detailed and comprehensive cost breakdown. GMC DETAILED SCOPE OF WORK: A/E services for the above referenced project shall include the following detailed scope of work for architecture, interiors, and plumbing:  Restroom Renovation Area: Approximately 1,000 Square Feet 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.  Removing existing flooring and base to install new updated tile flooring in 2 restrooms only. Page 262 of 393 PROFESSIONAL SERVICES FEE, EXPENSES, & DELIVERABLES SCHEDULE: A preliminary opinion of probable cost of work is as follows for construction; this opinion of cost is preliminary and subject to change depending on final decisions and outcomes reached regarding programming and design: Cost of the Work Basic Fee in Percent Up to – 100,000 10.0% 100,001 – 200,000 9.0% 200,001 – 300,000 8.0% An increase of up to 25% in the Basic Fee Rate will be allowed for major renovation projects. The below fee calculation is preliminary and subject to change depending on final renovation area and final programming scope of work. Our preliminary fee for Basic Services based on the scope outlined above includes (Architectural and Plumbing Construction Documents): Restroom Remodel: Opinion of Cost $ 107,250 Restroom Remodel: Contingency 10% $ 10,750 Total Estimated Construction Cost: $ 118,000 AE Basic Fee Estimated Construction Cost x 11.25% $ 13,275 ADDITIONAL SERVICES: The following items are not included in the Basic Design Services, as they are either not a requirement of the project scope, customarily provided by the Owner, or provided by a specialty consultant. GMC would gladly provide you with a cost and fee proposal for any of these services and add them to our fee proposal.  As built Surveying  Environmental Assessments  Hazardous material surveys  Additional Structural engineering beyond the proposal  As-built drawings  Construction Materials Testing  Special Inspections REIMBURSABLE EXPENSES: Reimbursable Expenses are project related expenses that accrue over the course of design and construction phases of the project. We do not consider telephone charges (including long distance), faxing, scanning, in-house small document copying, costs associated with e-mail correspondence or costs associated with maintaining our CAD/ BIM software and systems as reimbursable expenses. Page 263 of 393 The following expenses are reimbursable, and will be invoiced monthly as incurred at 1.2 times our cost: • Printing/mounting and material costs including drawings for presentations, meetings, contractor pricing, permitting, and discussion purposes. • Fees incurred for drawing reviews by authorities having jurisdiction or otherwise. • Costs for shipping documents. • Out-of-town travel expenses, lodging, and meals directly associated with the project and incurred by our employees will be considered a reimbursable expense. Automobile travel associated with the project and incurred by our employees will be invoiced at $0.432/ mile. • Professional renderings or models requested by the Owner. • The reimbursable expenses of our Consultants. DESIGN SCHEDULE: We have reviewed the anticipated scope of services and work as outlined above, and propose the following design schedule upon receipt of a written Notice to Proceed. The design schedule may require adjustment if approved 30 days past proposal date. Construction Documents / Specifications 4 Weeks Advertisement - Bidding and Negotiation 4 Weeks Construction Administration Estimate 8 Weeks SUMMARY: We are excited about this opportunity and look forward to working with you. Please feel free to contact me, at your convenience, to discuss any portion of this proposal. Sincerely, GOODWYN MILLS CAWOOD, LLC V. Brooke Rodriguez-Feo, AIA Project Architect Should the above proposal be acceptable please return a signed copy for our files. Accepted: Date: Page 264 of 393 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 265 of 393 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 266 of 393 Page 267 of 393 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Paige Crawford, Director/Richard Johnson, PE - City Engineer Date: 02/11/2026 Department: Community Affairs – Nix Center – Bathroom Remodel Project - City of Fairhope Public Works Project No. 2026-COM 001 Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A 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 $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1.Goodwyn Mills Cawood, LLC (GMC)$ 13,275.00 2. $ 3. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1.What item or service do you need to purchase? A&E Services for Drawings, Specifications & Contract Docs 2.What is the total cost of the item or service? Proposal Attached - $13,275.00 A&E Services Total Cost 3.How many do you need? One – A&E Design Services – Nix Center Bathroom Remodel 4.Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5.Vendor Name (Lowest Quote): Goodwyn Mills Cawood, LLC (GMC) 6.Vendor Number: 311 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. BUDGET INFORMATION 1.Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2.If budgeted, what is the budgeted amount? $140,000.00 (in the aggregate – $126K remains unencumbered?) 3.Budget code: 001300-50475 Line 10 – Nix Center Bathroom Remodel Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 268 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-622 FROM: John Thomas, Interim Public Works Director SUBJECT: The Interim Public Works Director, John Thomas, is requesting approval for the procurement of the New/Unused (2027 Freightliner M2106 Plus, Cummins B6.7 240 HP Engine, Allison 2500 RDS Transmission with a Fleeetco Flatbed Body. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: To approve this request for the procurement of the New/Unused 2027 Freightliner M2106 Plus, Cummins B6.7 240 HP Engine, Allison 2500 RDS Transmission with a Fleeetco Flatbed Body for not-to-exceed $125,993.70. BACKGROUND INFORMATION: The Interim Public Works Director, John Thomas, is requesting approval for the procurement of the New/Unused (2027 Freightliner M2106 Plus, Cummins B6.7 240 HP Engine, Allison 2500 RDS Transmission with a Fleeetco Flatbed Body - Water Truck. The cost will include the following: • Freightliner M2106 Plus: $92,881.32 • Fleetco Body Quote: $ 11,842.38 • Fontaine Modifications: $17,895.00 • Freight: $ 3,375.00 • Total: $125,993.70 This purchase is $5,993.70 over budget. The department has savings in the amount of $11,326.84 from other capital equipment purchases. See detail below. This will be purchased for One Hundred Twenty-Five Thousand Nine Hundred Ninety- Three Dollars and Seventy Cents ($125,993.70) through Sourcewell (Contract # 032824-DAI) with Empire Truck Sales, Inc. and therefore does not have to be let out for bid. BUDGET IMPACT/FUNDING SOURCE: Page 269 of 393 Account No. Account Title Current Budget Cost Available Budget 001360- 50470-40 Landscape - Vehicles & Equipment $120,000.00 $125,993.70 ($5,993.70) • Truck purchased $57,839.00; Budget $60,000.00 - Savings $2,161.00 • Scag Mower purchased $7,753.21; Budget $13,000.00 - Savings $5,246.79 • Honda UTV purchased $26,080.95; Budget $30,000.00 - Savings $3,919.05 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 270 of 393 RESOLUTION NO. _______ , as follows: [1] That the City of Fairhope approves the procurement of One (1) New/Unused (2027 Freightliner M2106 Plus, Cummins B6.7 240 HP Engine, Allison 2500 RDS Transmission with a Fleetco Flatbed Body) that is on Sourcewell (Contract # 032824-DAI) with Empire Truck Sales, Inc.; and therefore does not have to be let out for bid. The total amount not-to- exceed $125,993.70. ADOPTED ON THIS 9TH DAY OF MARCH, 2026 Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 271 of 393 QuoteID#119M2P February 25, 2026 John Thomas City of Fairhope 161 N Section Street Fairhope, AL 36533 Dear John: Sourcewell is pleased to quote the following sourced item(s) for your consideration. One (1) New/Unused (2027 Freightliner M2106 Plus, Cummins B6.7 240 HP Engine, Allison 2500 RDS Transmission with a Fleeetco Flatbed Body) provided by Empire Truck Sales, LLC, each for: Contract Price :$125,993.70 Freightliner M2106 Plus: $ 92,881.32 Fleetco Body Quote: $ 11,842.38 Fontaine Modifications: $ 17,895.00 Tax (0.00%) Freight: $ 3,375.00 Total: $125,993.70 This sourced item(s) is available under Sourcewell Contract# 032824-DAI Thank you for your consideration. Sincerely, Sourcewell / Empire Truck Sales, Inc. Kevin Wood Page 272 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 1 of 15 S P E C I F I C A T I O N P R O P O S A L Description Price Level M2 PRL-30M (EFF:MY27 ORDERS) Data Version SPECPRO21 DATA RELEASE VER 024 Vehicle Configuration M2 106 PLUS CONVENTIONAL CHASSIS 2027 MODEL YEAR SPECIFIED SET BACK AXLE - TRUCK STRAIGHT TRUCK PROVISION, NON-TOWING LH PRIMARY STEERING LOCATION AND PREP FOR CUSTOMER SUPPLIED RH SIT-DOWN SECONDARY STEERING LOCATION WITH DUAL INSTRUMENT CLUSTER General Service TRUCK CONFIGURATION DOMICILED, USA (EXCLUDING CALIFORNIA AND CARB OPT-IN STATES) EPA CLEAN IDLE LABEL - (INCLUDES 6X4 INCH LABEL ON LOWER FORWARD OF DRIVER DOOR) UTILITY/REPAIR/MAINTENANCE SERVICE GOVERNMENT BUSINESS SEGMENT LIQUID BULK COMMODITY TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS MAXIMUM 8% EXPECTED GRADE SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN-TRANSIT (BETWEEN SITES) ROAD SURFACE MEDIUM TRUCK WARRANTY Page 273 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 2 of 15 Description EXPECTED FRONT AXLE(S) LOAD : 10000.0 lbs EXPECTED REAR DRIVE AXLE(S) LOAD : 17500.0 lbs EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 27500.0 lbs Truck Service TANK BODY GULF CITY BODY EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES : 32.0 in Engine CUM B6.7 240 HP @ 2400 RPM, 2600 GOV, 600 LB-FT @ 1600 RPM, REFUSE Electronic Parameters 75 MPH ROAD SPEED LIMIT CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT PTO MODE ENGINE RPM LIMIT - 1150 RPM PTO ENGINE SPEED CONTROL DEACTIVATED BY SERVICE BRAKE LIGHTLY APPLIED (STATIONARY APPLICATIONS) PTO RPM WITH CRUISE SET SWITCH - 900 RPM PTO RPM WITH CRUISE RESUME SWITCH - 1100 RPM PTO MODE CANCEL VEHICLE SPEED - 6 MPH PTO GOVERNOR RAMP RATE - 75 RPM PER SECOND FUEL DOSING OF AFTERTREATMENT ENABLED IN PTO MODE-CLEANS HYDROCARBONS AT HIGH TEMPERATURES ONLY CRUISE CONTROL BUTTON PTO CONTROL PTO SPEED 1 SETTING - 850 RPM NO FLEET SPEC FOR PARAMETERIZATION ENGINE FAN ENABLED WITH RETARDER AUTOMATIC OIL LIFE MONITOR WITH ALERT AT 5% OF INTERVAL REMAINING PTO MINIMUM RPM - 775 PTO 1, DASH SWITCH, ROLLING OPERATION (ENGAGE WHILE PARKED, ROLL IN NEUTRAL AFTER ENGAGEMENT) PTO 2, DASH SWITCH, ENGAGE BEFORE DRIVING Page 274 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 3 of 15 Description ENGINE MOUNT PTO, DASH SWTICH ENGAGES PTO MODE, STATIONARY OPERATION Engine Equipment EPA 2010/GHG 2024 CONFIGURATION STANDARD OIL PAN ENGINE MOUNTED OIL CHECK AND FILL FLOCS OIL EVACUATION FITTING WITH AEROQUIP FD14 FITTING AND DIRECT ACCESS SIDE OF HOOD AIR INTAKE WITH DONALDSON HIGH CAPACITY AIR CLEANER WITH SAFETY ELEMENT, FIREWALL MOUNTED DR 12V 160 AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE (2) DTNA GENUINE, HIGH TEMP AGM STARTING AND CYCLING, MIN 1850CCA,380RC, THREADED STUD BATTERIES BATTERY BOX FRAME MOUNTED STANDARD BATTERY JUMPERS SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN NON-POLISHED BATTERY BOX COVER NON-ESSENTIAL POSITIVE LOAD DISCONNECT, IN CAB CONTROL SWITCH MOUNTED OUTBOARD OF DRIVER SEAT POSITIVE AND NEGATIVE POSTS FOR JUMPSTART LOCATED ON FRAME NEXT TO STARTER PROGRESSIVE LOW VOLTAGE DISCONNECT AT 12.3 VOLTS FOR DESIGNATED CIRCUITS CUMMINS TURBOCHARGED 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE STANDARD MECHANICAL AIR COMPRESSOR GOVERNOR AIR COMPRESSOR DISCHARGE LINE ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM CUMMINS ENGINE INTEGRAL BRAKE WITH VARIABLE GEOMETRY TURBO ON/OFF WITH BRAKE LAMPS RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH HORIZONTAL TAILPIPE Page 275 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 4 of 15 Description ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND VIRTUAL REGENERATION REQUEST SWITCH IN CLUSTER STANDARD EXHAUST SYSTEM LENGTH RH STANDARD HORIZONTAL TAILPIPE 6 GALLON DIESEL EXHAUST FLUID TANK 100 PERCENT DIESEL EXHAUST FLUID FILL LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING STANDARD DIESEL EXHAUST FLUID TANK CAP NO MUFFLER/TAILPIPE SHIELD AIR POWERED ON/OFF ENGINE FAN CLUTCH AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED CUMMINS SPIN ON FUEL FILTER FULL FLOW OIL FILTER NO COOLANT FILTER 700 SQUARE INCH ALUMINUM RADIATOR ANTIFREEZE TO -34F, OAT (NITRITE AND SILICATE FREE) EXTENDED LIFE COOLANT GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES RADIATOR DRAIN VALVE LOWER RADIATOR GUARD PHILLIPS-TEMRO 1000 WATT/115 VOLT BLOCK HEATER PHILLIPS-TEMRO 150 WATT/115 VOLT OIL PREHEATER BLACK PLASTIC ENGINE HEATER RECEPTACLE MOUNTED UNDER LH DOOR ALUMINUM FLYWHEEL HOUSING ELECTRIC GRID AIR INTAKE WARMER DELCO 12V 29MT STARTER WITH INTEGRATED MAGNETIC SWITCH Transmission ALLISON 2500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Page 276 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 5 of 15 Description Transmission Equipment ALLISON VOCATIONAL PACKAGE 354 - AVAILABLE ON 1000/2000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, EVS, HS, MH, PTS AND SPS ALLISON VOCATIONAL RATING FOR ON/OFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES PRIMARY MODE GEARS, 5 FORWARD GEARS WITH MANUAL SELECTION FOR 3, 2 AND 1, AVAILABLE FOR 1000/2000 PRODUCT FAMILIES ONLY PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE SECONDARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE SECONDARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE ENGINE BRAKE RANGE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE ENGINE BRAKE RANGE ALTERNATE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE NEUTRAL AT STOP ENABLED DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES QUICKFIT BODY LIGHTING CONNECTOR UNDER CAB, WITH CAP ELECTRONIC TRANSMISSION WIRING TO CUSTOMER INTERFACE CONNECTOR TRANSMISSION PLUMBING PREP FOR CUSTOMER INSTALLED HYDRAULIC PTO ON ALLISON 1K/2K TRANSMISSION PTO MOUNTING, LH SIDE OF MAIN TRANSMISSION ALLISON MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN Page 277 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 6 of 15 Description DASH MOUNTED T-HANDLE SHIFT CONTROL, PROVIDE 83 INCH CABLE FOR SUPPLIER RELOCATION OF T-HANDLE SHIFTER WITHOUT PARK BRAKE POSITION TO CENTER CONSOLE TRANSMISSION PROGNOSTICS - DISABLED (N/A) 2013, FOR USE IN 1000/2000 ONLY WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK TRANSMISSION OIL CHECK AND FILL ATF-SYNTHETIC AUTOMATIC TRANSMISSION FLUID Front Axle and Equipment DETROIT DA-F-10.0-3 10,000# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE MERITOR 15X4 Q+ CAM FRONT BRAKES NON-ASBESTOS FRONT BRAKE LINING CONMET CASTLITE CAST IRON FRONT BRAKE DRUMS FRONT OIL SEALS VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS - OIL STANDARD SPINDLE NUTS FOR ALL AXLES MERITOR AUTOMATIC FRONT SLACK ADJUSTERS TRW THP-60 POWER STEERING POWER STEERING PUMP 2 QUART SEE THROUGH POWER STEERING RESERVOIR CURRENT AVAILABLE SYNTHETIC 75W-90 FRONT AXLE LUBE Front Suspension 12,000# DUAL TAPERLEAF FRONT SUSPENSION MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION FRONT SHOCK ABSORBERS Rear Axle and Equipment DETROIT DA-RS-17.5-4 17,500# R-SERIES SINGLE REAR AXLE 5.56 REAR AXLE RATIO IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING RPL10 MERITOR SERVICE-FREE MAIN DRIVELINE WITH HALF ROUND (16T) YOKES Page 278 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 7 of 15 Description DRIVELINE GUARD MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES NON-ASBESTOS REAR BRAKE LINING BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLE(S) CONMET CASTLITE CAST IRON REAR BRAKE DRUMS REAR OIL SEALS WABCO TRISTOP D LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS MERITOR AUTOMATIC REAR SLACK ADJUSTERS CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE LUBE Rear Suspension 18,000# 52 INCH VARIABLE RATE MULTI-LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER SPRING SUSPENSION - NO AXLE SPACERS STANDARD AXLE SEATS IN AXLE CLAMP GROUP REAR SHOCK ABSORBERS - ONE AXLE Pusher / Tag Equipment NO PUSHER/TAG BRAKE DUST SHIELDS Brake System AIR BRAKE PACKAGE WABCO 4S/4M ABS WITH TRACTION CONTROL REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES STANDARD AIR MANAGEMENT UNIT FIBER BRAID PARKING BRAKE HOSE STANDARD BRAKE SYSTEM VALVES STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM STD U.S. FRONT BRAKE VALVE RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE WABCO SYSTEM SAVER HP WITH INTEGRAL AIR GOVERNOR AND HEATER AIR DRYER MOUNTED UNDER HOOD Page 279 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 8 of 15 Description STEEL AIR BRAKE RESERVOIRS PULL CABLES ON ALL AIR RESERVOIR(S) Trailer Connections NO TRAILER AIR HOSE NO AIR HOSE HANGER NO TRAILER RECEPTACLE BRACKET NO TRAILER ELECTRICAL CABLE Wheelbase & Frame 3900MM (154 INCH) WHEELBASE 6.0MM X 86.5MM X 257MM STEEL FRAME (0.23X3.41X10.12 INCH)140KSI; LE 33K LB GVW; LIMITED TO 33,000 LB GVW 1625MM (64 INCH) REAR FRAME OVERHANG FRAME OVERHANG RANGE: 61 INCH TO 70 INCH CALC'D BACK OF CAB TO REAR SUSP C/L (CA) : 87.99 in CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) : 84.99 in CALC'D FRAME LENGTH - OVERALL : 256.52 in CALCULATED FRAME SPACE LH SIDE : 58.21 in CALCULATED FRAME SPACE RH SIDE : 60.89 in CALC'D SPACE AVAILABLE FOR DECKPLATE : 0.0 in SQUARE END OF FRAME FRONT CLOSING CROSSMEMBER STANDARD WEIGHT ENGINE CROSSMEMBER STANDARD CROSSMEMBER BACK OF TRANSMISSION STANDARD MIDSHIP #1 CROSSMEMBER(S) STANDARD REARMOST CROSSMEMBER STANDARD SUSPENSION CROSSMEMBER Chassis Equipment THREE-PIECE 14 INCH STEEL CENTER BUMPER WITH FLEXIBLE PLASTIC ENDS BUMPER MOUNTING FOR SINGLE LICENSE PLATE NO MUDFLAP BRACKETS NO REAR MUDFLAPS FENDER AND FRONT OF HOOD MOUNTED FRONT MUDFLAPS Page 280 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 9 of 15 Description GRADE 8 THREADED HEX HEADED FRAME FASTENERS EXTERIOR HARNESSES WRAPPED IN ABRASION TAPE CLEAR FRAME RAILS FROM BACK OF CAB TO FRONT REAR SUSPENSION BRACKET, BOTH RAILS OUTBOARD Fifth Wheel NO FIFTH WHEEL Fuel Tanks 50 GALLON/189 LITER SHORT RECTANGULAR ALUMINUM FUEL TANK - LH RECTANGULAR FUEL TANK(S) PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAULIC TANK(S) WITH PAINTED BANDS FUEL TANK(S) FORWARD PLAIN STEP FINISH FUEL TANK CAP(S) DETROIT FUEL/WATER SEPARATOR WITH WATER IN FUEL SENSOR AND HAND PRIMER EQUIFLO INBOARD FUEL SYSTEM HIGH TEMPERATURE REINFORCED NYLON FUEL LINE Tires BRIDGESTONE R273 ECOPIA 11R22.5 14 PLY RADIAL FRONT TIRES BRIDGESTONE M726ELA 11R22.5 14 PLY RADIAL REAR TIRES Hubs CONMET PRESET PLUS PREMIUM IRON FRONT HUBS CONMET PRESET PLUS PREMIUM IRON REAR HUBS Wheels MAXION WHEELS 91262 22.5X8.25 10-HUB PILOT 6.20 INSET 5-HAND STEEL DISC FRONT WHEELS MAXION WHEELS 91262 22.5X8.25 10-HUB PILOT 5-HAND STEEL DISC REAR WHEELS FRONT WHEEL MOUNTING NUTS REAR WHEEL MOUNTING NUTS Page 281 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 10 of 15 Description Cab Exterior 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB AIR CAB MOUNTING NONREMOVABLE BUGSCREEN MOUNTED BEHIND GRILLE LH AND RH GRAB HANDLES MOLD-IN COLOR GRILLE MOLD-IN COLOR HOOD MOUNTED AIR INTAKE GRILLE FIBERGLASS HOOD FREIGHTLINER NAME PLATES HOOD LINER, ADDED FIREWALL AND FLOOR HEAT INSULATION DUAL 14 INCH ROUND POLISHED AIR HORNS SINGLE ELECTRIC HORN DUAL HORN SHIELDS REAR LICENSE PLATE MOUNT END OF FRAME LED LOW BEAM AND HIGH BEAM HEADLIGHTS LED AERODYNAMIC MARKER LIGHTS DAYTIME RUNNING LIGHTS INTEGRAL STOP/TAIL/BACKUP LIGHTS STANDARD FRONT TURN SIGNAL LAMPS DUAL WEST COAST MOLDED-IN COLOR HEATED MIRRORS WITH LH AND RH REMOTE DOOR MOUNTED MIRRORS 102 INCH EQUIPMENT WIDTH LH AND RH 8 INCH MOLDED-IN COLOR CONVEX MIRRORS M0UNTED UNDER PRIMARY MIRRORS STANDARD SIDE/REAR REFLECTORS DUAL LEVEL CAB ENTRY STEPS ON BOTH SIDES 63X14 INCH TINTED REAR WINDOW TINTED DOOR GLASS LH AND RH WITH TINTED NON-OPERATING WING WINDOWS RH AND LH ELECTRIC POWERED WINDOWS 1-PIECE ROPED-IN SOLAR GREEN GLASS WINDSHIELD 2 GALLON WINDSHIELD WASHER RESERVOIR WITH FLUID LEVEL INDICATOR, FRAME MOUNTED Page 282 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 11 of 15 Description Cab Interior RUGGED TRIM PACKAGE GRAY & CARBON VINYL INTERIOR "RUGGED" CARBON WITH PREMIUM GUNMETAL ACCENT (RUGGED) MOLDED DOOR PANEL MOLDED PLASTIC DOOR PANEL BLACK MATS WITH SINGLE INSULATION (1) 12V DASH MOUNTED POWER OUTLET FORWARD ROOF MOUNTED CONSOLE LH AND RH DOOR STORAGE POCKETS INTEGRATED INTO MOLDED DOOR PANELS DIGITAL ALARM CLOCK IN DRIVER DISPLAY (2) CUP HOLDERS LH AND RH DASH M2/SD DASH 2-1/2 LB. FIRE EXTINGUISHER FIRST AID KIT HEATER, DEFROSTER AND AIR CONDITIONER STANDARD HVAC DUCTING WITH PRE-FILTER FOR OUTSIDE AIR INTAKE MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH STANDARD HEATER PLUMBING VALEO HEAVY DUTY A/C REFRIGERANT COMPRESSOR BINARY CONTROL, R-134A PREMIUM INSULATION SOLID-STATE CIRCUIT PROTECTION AND FUSES 12V NEGATIVE GROUND ELECTRICAL SYSTEM STANDARD LED CAB LIGHTING REMOTE KEYLESS ENTRY AND 2 TRANSMITTERS DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME KEY QUANTITY OF 4 LH AND RH ELECTRIC DOOR LOCKS NO MATTRESS TRIANGULAR REFLECTORS WITHOUT FLARES Page 283 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 12 of 15 Description BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENSION DRIVERS SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENSION PASSENGER SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION DUAL DRIVER AND PASSENGER SEAT ARMRESTS LH AND RH INTEGRAL DOOR PANEL ARMRESTS BLACK CORDURA PLUS CLOTH DRIVER SEAT COVER BLACK CORDURA PLUS CLOTH PASSENGER SEAT COVER BLACK SEAT BELTS ADJUSTABLE STEERING COLUMN, SUPPLIER CONVERSION TO LH AND RH ADJUSTABLE TILT STEERING COLUMNS 4-SPOKE 18 INCH (450MM) BLACK STEERING WHEEL WITH SWITCHES DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments & Controls 2 EXTRA PROGRAMMABLE SWITCHES/INDICATORS ELECTRONIC ACCELERATOR CONTROL NO INSTRUMENT PANEL-DRIVER FULLY CONFIGURABLE CENTER INSTRUMENT PANELS ENGINE PTO SPEED CONTROL WITH PARK BRAKE AND NEUTRAL INTERLOCKS BLACK GAUGE BEZELS LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM DUAL NEEDLE PRIMARY AND SECONDARY AIR PRESSURE GAUGE DASH MOUNTED AIR RESTRICTION INDICATOR WITH GRADUATIONS 97 DB BACKUP ALARM ELECTRONIC CRUISE CONTROL WITH CONTROLS ON STEERING WHEEL SPOKES KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY Page 284 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 13 of 15 Description PREMIUM INSTRUMENT CLUSTER WITH 5.0 INCH TFT COLOR DISPLAY DIGITAL PANEL LAMP DIMMER SWITCH IN DRIVER DISPLAY HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 2 INCH ELECTRIC FUEL GAUGE DIGITAL SINGLE REAR AXLE TEMPERATURE IN DRIVER DISPLAY WITH SENSOR SHIELD ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE DIGITAL TRANSMISSION OIL TEMPERATURE IN DRIVER DISPLAY ELECTRONIC OUTSIDE TEMPERATURE SENSOR DISPLAY IN DRIVER MESSAGE CENTER ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY PTO CONTROLS FOR ENHANCED VEHICLE ELECTRIC/ELECTRONIC ARCHITECTURE NO OBSTACLE DETECTION SYSTEM NO DR ASSIST SYSTEM NO CAMERA/VIDEO/IMAGING SYSTEM NO VEHICLE STABILITY ADVISOR OR CONTROL NO LANE DEPARTURE WARNING SYSTEM ELECTRIC ENGINE OIL PRESSURE GAUGE NO OVERHEAD INSTRUMENT PANEL 7" B-PANEL INTERACTIVE TOUCHSCREEN DISPLAY RADIO W/ USB-C, APPLE CARPLAY, ANDROID AUTO, BLUETOOTH/AM/FM/SXM/WB, WITH MICROPHONE DASH MOUNTED RADIO (2) RADIO SPEAKERS IN CAB AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF POWER AND GROUND WIRING PROVISION OVERHEAD ROOF/OVERHEAD CONSOLE CB RADIO PROVISION NO MULTIBAND ANTENNA INTEROPERABLE SDAR ANTENNA, SHIP LOOSE STANDARD RADIO WIRING WITH STEERING WHEEL CONTROLS Page 285 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 14 of 15 Description ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER STANDARD VEHICLE SPEED SENSOR ELECTRONIC 3000 RPM TACHOMETER DETROIT CONNECT PLATFORM HARDWARE 5 YEARS DAIMLER CONNECTIVITY BASE PACKAGE (FEATURES VARY BY MODEL) POWERED BY DETROIT CONNECT ON CUMMINS ENGINES TMC RP1226 ACCESSORY CONNECTOR LOCATED BEHIND PASSENGER SIDE REMOVEABLE DASH PANEL IGNITION SWITCH CONTROLLED ENGINE STOP ONE EXTRA HARDWIRED SWITCH IN DASH, ROUTE TO UNDER CAB, CAPPED HARDWIRE SWITCH #1, ON/OFF LATCHING, 10 AMPS BATTERY POWER PRE-TRIP INSPECTION FEATURE FOR EXTERIOR LAMPS ONLY (2) OVERHEAD MOUNTED LANYARD CONTROLS: (1) OFFICER AIR HORN AND (1) DRIVER AIR HORN NO TRAILER HAND CONTROL BRAKE VALVE DIGITAL TURBO AIR PRESSURE IN DRIVER DISPLAY DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY ROTARY HEADLAMP SWITCH, MARKER LIGHTS/HEADLIGHTS SWITCH WITH PULL OUT FOR OPTIONAL FOG/ROAD LAMPS ALTERNATING FLASHING (WIG WAG) HIGH BEAM HEADLAMPS WITH DASH SWITCH AND NO PARK BRAKE INTERLOCK ONE VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, HEADLAMP FLASH, WASH/WIPE/INTERMITTENT INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH 40 AMP (20 AMP PER SIDE) TRAILER LAMP CAPACITY NO WRG/SW-OPTL #2,CHAS,AIR Design Page 286 of 393 Prepared by: Miller Kinstley EMPIRE TRUCK SALES LLC RICHLAND 373 HIGHWAY 49 SOUTH RICHLAND JACKSON, MS 39218 Phone: 2054512345 Application Version 12.0.703 Data Version PRL-30M.024 Copy of 27 Fairhope Dual Steer Water Truck 02/19/2026 12:52 PM Page 15 of 15 Description PAINT: ONE SOLID COLOR Color CAB COLOR A: L0006EY WHITE ELITE EY BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT POWDER WHITE (N0006EA) FRONT WHEELS/RIMS (PKWHT21, TKWHT21, W, TW) POWDER WHITE (N0006EA) REAR WHEELS/RIMS (PKWHT21, TKWHT21, W, TW) BUMPER PAINT: FP24812 ARGENT SILVER DUPONT FLEX STANDARD E COAT/UNDERCOATING Certification / Compliance U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS Secondary Factory Options SHIP TO FONTAINE (MOUNT HOLLY, NC) PRIOR TO DELIVERY 2025 ENGINE MODEL YEAR (***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. Page 287 of 393 Customer Empire Truck Sales Contact Miller Kinstley Date 02/18/26 Phone 205-451-2345 Sales Rep.Stephen M. Email millerkinstley@gmail.com Job Number Yr./Make Customer P.O.# Fleetco is pleased to present the following quote for Items Description Qty.Cost -3/16" SMOOTH STEEL FLOOR -3" CHANNEL CROSS MEMBERS ON 12" CENTERS -6" CHANNEL LONG BEAMS SET AT 34" WIDE -INTERNAL STAKE POCKETS, SIDES AND REAR -<OPT> 54" BULKHEAD WITH SLOTTED WINDOW -<OPT> RS2 INSTALLED -LOCATION TBD AT TIME OF ORDER -LED LIGHTS -UNDERCOATED -Powder-coated diamond-tread aluminum door adds a high level of corrosion resistance to the part of the box that is most exposed. -Black powder coating helps keep the box corrosion-resistant. -Guard against theft with locking, die-cast compression latch. -Built for long life with aircraft-grade cables and a replaceable gasket sealing system. -Made in the USA. Labor Description Hrs.Cost Flatbed, Secure Using U-bolts and Custom Fabricated Straps, Weld Straps To Body, Drill Straps And Frame, Through-bolt Straps To Chassis Quote Valid 30 Days 685 Broad Street Pensacola, FL 32534 850-477-7645 www.fleetcobuilds.com Quote Page 288 of 393 Route Wires For Strobe Circuit, Install Four Corner Strobes (2 In Grill, 2 On Rear Of Body or Hitch Plate), Fabricate Mounting Plate For Beacon Notes $10,031.27 $1,811.11 $11,842.38 Please read carefully and mark the apporpriate response: Total Invoice Amount ***Tax Not Included*** Contract Price Approval: I, Customer, hereby acknowledge approval of the estimate for the above described goods and services to be performed in the specified quantities and prices and agree to pay Fleetco as set forth herein. Customer authorizes the work to be performed along with the use of necessary materials. Fleetco employees may operate equipment for purposes of testing, inspection or delivery, at Customer's risk. An express mechanics lien is acknowledged on the equipment and materials to secure the work thereto. It is agreed that Fleetco assumes no responsibility for loss or damage by theft or fire to equipment placed with Fleetco for storage, sale, upfit, repair or while field testing. *This charge may include costs to the facility for miscellaneous shop supplies or waste disposal. In Florida: F.S. 403.1718 I understand that, under state law, I am entitled to a written estimate if my bill will exceed $100… Do you wish to have your old parts saved YES or NO? Core charges may apply. Signed________________________________________Date_________________ Notice: Pricing is typically valid for 30 days, but not guaranteed. In cases where supplier costs, including incoming freight costs, change significantly due to tariffs or other unpredictable market fluctuations, prices may vary. Consult your sales person to verify price at time of purchase. Unless prior arrangements have been made, there is a storage fee of $60.00 per day for vehicles. This applies to vehicles stored before authorized work is performed and vehicles not claimed within 10 days of notification of completed work. Storage fees incurred prior to job authorization may be happy to provide pricing for any additional items needed. areas of the bed where there may be foot traffic. afterframe. It should also have air and electric to the rear of the truck frame with the proper hand valves in the truck. Additional charges will apply if an electric trailer brake controller and plug is needed. Page 289 of 393 Fontaine Modification Company 8810 Old Dowd Rd Charlotte, NC 28214 Toll Free: 1-800-FONTAINE www.fontainemod.com Fontaine Mod Locations Charlotte, NC Statesville, NC Laredo, TX Dublin, VA Salem, VA Chillicothe, OH Denton, TX Garland, TX Mineral Wells, WV Springfield, OH Detroit, MI Freightliner Freightliner Freightliner \ Int'l Volvo \ Mack Mack Kenworth Peterbilt Peterbilt Hino \ Isuzu GM \ Int'l Ford To : MILLER KINSTLEY EMPIRE TRUCK SALES 373 Hwy 49 South RICHLAND, MS 39218 United States (601)939-5000 Job Information: 174 SDDD-M2106/108+,CUMMINS,LC,TS Vehicle Information: 2027 FREIGHTLINER M2 106 Quoted by: LES ISAAC LES.ISAAC@FONTAINEMOD.COM Our Quotation # 082015 Orig. Quote Date: 11/7/2025 Terms: .5% 10 NET 30 Quotation Valid Thru: 12/7/2025 Date Printed: 11/7/2025 4:13:59 PM Quantity: 1 Build Location: CMCV Fontaine Modification is pleased to quote the products and services as shown below. Please review the details of our offering to assure we have met your expectations. Our quotation is valid for 30 days unless otherwise noted on your quote. Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price Request No: 001 CMCV 174100-30-0059 Rev 000 U/M EA SDDD-M2106/108+,CUMMINS,LC,TS 1 $17,100.00 US$ 17,100.00 Freightliner M2 Plus Sit Down Dual Drive "Floorplate Model" LC = Low Cab TS = T-shfit Transmission Features: Chassis Req: • 003-012 Prep for LH primary steering location and customer supplied RH sit-down secondary steering location with dual instrument cluster • Cummins B6.7 or L9 diesel engine • 342-XXX Allison automatic transmission • 345-003 Push button electronic shift control, dash mounted • 018-002 Air brakes package • 532-027 Adjustable steering column, supplier conversion to LH and RH adjustable columns • 055-017 Professional Trim Package • 540-044 4-Spoke 18 Inch black steering wheel with switches • 810-027 Electronic MPH Speedometer (KPH available as option) • 756-338 Basic/Elite/Premium Isringhausen high back driver air suspension seat • 760-338 Basic/Elite/Premium Isringhausen high back passenger air suspension seat • 747-002 Roof/Overhead console mounted radio • 734-022 Fully configurable center instrument panels • 882-009 One valve parking brake system with warning indicator, or 882-018 One valve parking brake system with dash valve control autoneutral and warning indicator • 99B-001 Ship to third party Charlotte (Fontaine) • 160 Cab Height (high cab) – Greater than 65” from top of cab to top of frame Chassis Restrict: • No bench seat • No chugger knob on seat • Primary cluster on Right hand side not available • Engine brake stalk will remain on the OEM column and not duplicated on the RH column. • No Detroit Assurance Package 002 CMCV 135259-30-0001 Rev 000 U/M EA M2+PDD,RADIO-TCHSCRN,RELO,OVERHEAD 1 $795.00 US$ 795.00 Relocation of Double DIN touch screen radio from dash to center overhead compartment. Page 1 of 4 Quote #: 082015FORM-0051, Rev B Page 290 of 393 Total Quote Price $17,895.00 Price Per Truck $17,895.00 Fontaine may replace or repair, at its sole option and without prior notification to you, the OEM parts on trucks involved in the modification. Fontaine to retain ownership of design/rights of the modification as well as any engineering, parts, and intellectual property developed over the course of the modification. Thank you for the opportunity to quote this package. Please complete the order information below and approve in order to secure production scheduling. All take-off parts become the property of Fontaine Modification. All sales are subject to the Terms and Conditions of Sale set forth on our website at www.fontainemod.com. Any order of, receipt of, or payment for seller's products or services shall constitute your acceptance of these Terms and Conditions of Sale. To place the order the following is required: 1. Chassis offline dates 2. A copy of your company's purchase order 3. Orders of 10 units and greater may require a pilot review and customer approval of final installation 4. Any changes made to this order after it is processed and material ordered will result in a restocking fee and change order fee 5. Part numbers and or descriptions, shipped date, ETA and shipper information is required on all customer supplied parts (Parts that arrive unidentified either by the Fontaine deal #, chassis serial number, or customer unit number will be quarantined and may delay chassis build) __________________________________________________________________________________________________________________ Chassis serial numbers (last 8 of the VIN): VIN ________________________________________________________________ Thru __________________________________________ Chassis offline dates: __________________________________________________ Unit / Asset Number: _________________________________________________________________ Thru___________________________ PO# (Purchase Order Number): ________________________________________________________________________________________ Customer Acceptance: ________________________________________________________________ Date __________/_____/__________ Signed By: __________________________________________________________________________ Date __________/_____/_________ Fleet: Dealer: End User: Estimated Date Received: Pilot Review:EMPIRE TRUCK SALES +5 Days from OEM Slot Date Body Builder: VIN Unit PO #OEM Slot Req Compl Price $17,895.00 Page 2 of 4 Quote #: 082015FORM-0051, Rev B Page 291 of 393 1.            ENTIRETY. These Terms and Conditions of Sale and all documents referenced herein (collectively, the “Terms”) are the only terms and conditions which govern the sale of goods (“Goods”) and/or services (“Services” and together with Goods, the “Deliverables”) by Fontaine Modification Company (“Seller”) to the buyer (“Buyer”) and supersede all other terms and conditions, oral or written, and all other communications between the parties suggesting additional or different terms. These Terms represent the final and complete understanding of the parties and may be amended or cancelled only by mutual written agreement. Acceptance is expressly limited to these Terms. Any proposal for additional or different terms or any attempt by Buyer to vary these Terms is hereby deemed material and is objected to and rejected. No terms of any document or form submitted by Buyer shall be effective to alter or add to these Terms. The earlier of Seller’s commencement of performance or Buyer’s receipt of any of the Deliverables shall constitute acceptance of these Terms. 2.            PRICES. Prices quoted unless otherwise indicated in the purchase order are in U.S. Dollars and based on the price at the time of quotation and are subject to change without notice. Clerical errors are subject to correction without liability. 3.            TAXES. Prices do not include any sales, use, excise, privilege, ad valorem, or other taxes, duties, tariffs or assessments now or hereafter imposed or levied (“Taxes”) by or under the authority of any foreign, federal, state, provincial, or local law, rule, or regulation (collectively, “Law”) concerning the Deliverables or the manufacture or sale thereof. If Seller pays any such Taxes, Buyer shall, upon demand, immediately reimburse Seller for such amounts. 4.            TERMS OF PAYMENT. All payments are due within 30 days from date of invoice. Orders are subject to acceptance in writing by Seller. All payments shall be made without abatement, deduction, discount or setoff. Late payments are subject to a service charge of the lesser of 1.5% per month or the highest rate permitted under applicable Law. Buyer shall be liable for all costs and expenses related to collection of past due amounts, including, without limitation, attorneys ’ fees and costs. If, in Seller’s judgment, the financial condition of Buyer does not justify continuance on the terms of payment above, Seller may require full or partial payment in advance or otherwise adjust the terms including ceasing to supply Buyer. 5.            DELIVERY. Delivery shall be made F.O.B shipping point at Seller’s facility and title and risk of loss passes to Buyer at such time. Delivery/performance dates are estimates only. Seller shall not be liable for any claim, loss, expense, or damage of any kind whatsoever for delays, or loss or damage in transit. Claims for loss or damage shall be made solely against the carrier. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer ’s purchase order. 6.            INSPECTION. Buyer shall inspect the Goods upon receipt and Services upon performance, and Buyer shall immediately notify Seller in writing of any claims that the Deliverables are different than identified in Buyer’s purchase order whereupon Seller shall determine the remedy pursuant to Section 12. Failure to give such written notice upon receipt will constitute irrevocable acceptance by Buyer of all Deliverables. 7.            CHANGES OR CANCELLATION. Changes in specifications or designs to any Deliverables, changes in delivery or performance schedules or reschedules or cancellations of orders are not permitted unless Seller has accepted same in writing, has determined the additional charge to be made, if any, and the same has been paid by the Buyer. Once ordered, deliverables that are made to order, discontinued or custom products (“Special Order Goods”) may not be cancelled by Buyer. Seller reserves the right to cancel any purchase orders or releases thereunder, or terminate any agreement relating to purchase of Seller ’s Deliverables, upon 10 days’ notice to Buyer. 8.            RETURNS. Goods may not be returned without prior written authorization of Seller and compliance with Seller’s return policies and procedures then in effect. 9.            SERVICE TERMS. (a) Services will be provided at Seller’s then current service rates; (b) If the site is not prepared for the Services upon Seller’s arrival, Seller may charge a service fee and for any delay and/or travel time; (c) Buyer shall provide Seller with advance notice of any rules, requirements and Laws; (d) Seller may refuse, without any liability, to provide Services and to allow Seller service personnel to suspend Services or vacate any site where, in Seller ’s opinion, provision of Services would pose a risk to the safety of any person. In such event, Buyer is responsible for payment of any delay and/or travel time at Seller ’s regular service rates; (e) Buyer is solely liable for all damages or injuries caused or contributed to by Buyer that may occur; and (f) Buyer must provide at least 72 hours’ notice of cancellation of any Service order. If Buyer cancels with less than 72 hours ’ notice, Buyer is responsible for any costs incurred by Seller caused by such cancellation. 10.          INSURANCE. Buyer shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability (including product liability) in a sum no less than $2 million per occurrence, $2 million products-completed operations aggregate and $4 million annual aggregate with insurance carriers having an AM Best rating of “A- VIII” or better. Upon Seller’s request, Buyer shall provide Seller with a certificate of insurance from Buyer’s insurer evidencing the insurance coverage specified in these Terms. Buyer shall provide Seller with 30 days ’ advance written notice in the event of a cancellation or material reduction of coverage in Buyer’s insurance policy. Except where prohibited by law, Buyer shall require: (i) that Buyer ’s insurance will be primary and noncontributory, (ii) that Seller be named as an Additional Insured as its interests applies per this agreement; and (iii) that Buyer and its insurer waive all rights of subrogation against Seller’s insurers and Seller. 11.          LIMITED WARRANTIES. Unless otherwise provided by Seller in its written warranty, Seller warrants that (i) Goods designed and manufactured by Seller will be free from defects in material and workmanship for a period of 12 months after shipment; and (ii) Services will be performed in a timely and competent manner in accordance with industry standards. THESE ARE SELLER’S ONLY WARRANTIES. SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. If during the warranty period, Buyer notifies Seller in writing that the Deliverables are not in conformity with the warranty and Seller agrees, after Seller ’s inspection (at its option), then: (a) for Goods, Seller will repair, replace or refund the total amount received by Seller therefor, at its sole option, provided Buyer returns such Goods to Seller’s plant for inspection; and (b) for Services, Buyer’s sole remedy is for Seller, at its sole option, to re-perform the Services or credit Buyer’s account therefor. These shall be Buyer’s exclusive remedies for Seller’s liability. Any claims not made during the warranty period are deemed waived. Seller ’s warranty does not attach to Deliverables or parts not manufactured by Seller. Any contract created between Seller and Buyer is subject to the specific conditions that (a) Seller is not obligated to provide insurance or indemnify Buyer, and (b) there are no flow-downs from any person or entity including the federal government that become part of the contract. Upon the occurrence of any event described in Section 14(e)(i)-(vi) without the prior written consent of Seller, this warranty shall be void. 12.          LIMITATION OF LIABILITY. SELLER SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OR ANY OTHER LOSSES, DAMAGES OR EXPENSES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE PRICE RECEIVED BY SELLER FOR THE DELIVERABLES WITH RESPECT TO WHICH SUCH LIABILITY IS CLAIMED. 13.          INDEMNIFICATION. Buyer shall defend, indemnify and hold Seller, its affiliates and their respective officers, directors, members, managers, representatives, agents and employees harmless from and against all claims, suits, demands, losses, liabilities, damages (including injury and death) and expenses (including reasonable attorneys’ fees) (collectively, “Losses”), arising out of or relating to: (a) Buyer’s or its agents provided specifications, design, structure, TERMS AND CONDITIONS OF SALES Page 3 of 4 Quote #: 082015FORM-0051, Rev B Page 292 of 393 operation, material or method of making Deliverables (“Buyer’s Specifications”), including without limitation, any resulting violation of intellectual property or proprietary rights; (b) Buyer’s use, misuse or disposal of Deliverables or materials; (c) Buyer’s non-compliance with any Law; (d) breach of these Terms by Buyer; and (e) Deliverables subjected to: (i) improper installation or storage; (ii) accident, damage, abuse or misuse; (iii) abnormal operating conditions or applications; (iv) operating conditions or applications above the rated capacity of the Deliverables; (v) repairs or modifications made to all or part of the Deliverables without the prior written consent of Seller; or (vi) a use or application other than or varying in any degree from the specifications and Seller ’s instructions. 14.          PATENTS. Provided Buyer has made all payments due Seller, Seller shall defend any suit brought against Buyer based upon a claim that the Deliverables infringe any United States patent issued as of the date of Seller’s quotation and shall pay any damages and costs finally awarded therein against Buyer, provided that Seller is notified promptly in writing of such suit and is given full authority, information and assistance by Buyer to defend or settle the suit. Notwithstanding anything to the contrary, Seller will have no liability to the extent that the suit is based upon: (i) modifications to any item made by or on behalf of the Buyer in a manner that causes the infringement; (ii) use of any item in combination with the Deliverables that causes the infringement; (iii) the failure of the Buyer to use corrections or enhancements to the Deliverables that are made available by Seller; (iv) Buyer ’s Specifications; (v) Buyer’s distribution, marketing or use for the benefit of third parties of the Deliverables; or (vi) use not authorized under these Terms. If the Deliverables or any part thereof are deemed to infringe any such patent, Seller shall, at its expense and sole option either: (a) procure for Buyer the right to continue using said Deliverables or part; (b) replace them with non- infringing Deliverables or parts; (c) modify them so they become non-infringing; or (d) remove them and refund the purchase price for them depreciated over no more than 3 years. 15.          TOOLING. In no event shall Buyer have any interest in any tools, jigs, dies, patterns, etc. (collectively, “Tooling”) which is made or obtained for the production of the Deliverables. Such Tooling shall remain the property of Seller. 16.          CONFIDENTIALITY. All non-public or proprietary information of Seller, including all IP, quotations and pricing information, is confidential, solely for the use in performing hereunder and may not be disclosed, used or copied unless authorized by Seller in writing. 17.          INTELLECTUAL PROPERTY. All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights, trademarks, patents and applications therefor, and other information or intellectual property disclosed or otherwise provided to Buyer by Seller and all rights therein (collectively, “IP”) are and will remain the property of Seller. Buyer shall have no claim to, nor ownership interest in, any IP and such information, in whatever form and any copies thereof, shall be promptly returned to Seller upon written request from Seller. Buyer acknowledges that no license or rights of any sort are granted to Buyer hereunder in respect of any IP, other than the limited right to use the Deliverables purchased from Seller. 18.          EXPORT COMPLIANCE. Any items provided by Seller are controlled by the United States Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the United States Government or as otherwise authorized by U.S. Law and regulation. 19.          FORCE MAJEURE. Seller shall not be liable for any delay in or failure to perform due to any event or contingency beyond its reasonable control (an event of “Force Majeure”), including acts of God, epidemics, acts of war whether declared or undeclared, blockades, labor disputes (whether of Seller ’s employees or the employees of others), raw material shortages and material increases in costs of raw materials, including those material increases in costs resulting from the imposition of tariffs. In the event of Force Majeure, the time for performance will extend for such time as reasonably necessary to enable Seller to perform. Seller may, during any period of shortage due to any of the above circumstances, allocate its available supply of Deliverables among itself and its purchasers in such manner as Seller, in its sole judgement, deems fair and equitable. 20.          TERMINATION. Seller shall have the right to cease work or terminate these Terms or any purchase order, in whole or in part, at any time, without liability, if: (i) Buyer breaches or defaults under these Terms or any other agreement it has with Seller; (ii) a petition under any applicable law relating to bankruptcy, insolvency, or reorganization is filed by or against Buyer; (iii) Buyer executes an assignment for benefit or creditors; (iv) a receiver is appointed for Buyer or any substantial part of its assets; or (v) Seller shall have any reasonable ground for insecurity with respect to Buyer ’s ability to perform and Buyer is unable to provide Seller with adequate assurance within 10 days after written request therefor by Seller. In all cases, Seller ’s rights are cumulative, are not exclusive and in addition to all other rights and remedies it may have at law or in equity. No termination shall affect any accrued rights or obligations of either party as of the effective date of such termination. 21.          WAIVER. All waivers by Seller shall be in writing. Failure of Seller at any time to require Buyer ’s performance of any obligation hereunder shall not affect Seller’s right to require performance of that obligation. No delay or omission in the exercise of any right, power, or remedy hereunder shall impair such right, power, or remedy or be considered to be a waiver of any default or acquiescence therein. 22.          GOVERNING LAW. Any dispute arising out of or related to these Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to any rules on conflicts of laws and exclusively litigated in either (i) a state or federal court located in Cook County, Illinois, or (ii) a state or federal court located in the state of Seller’s principal place of business, at Seller’s sole discretion. 23.          SEVERABILITY. The unenforceability or invalidity of any clause in these Terms shall not have an impact on the enforceability or validity any other clause in these Terms. Any unenforceable or invalid clause shall be regarded as removed from these Terms to the extent of its unenforceability and invalidity. 24.          MISCELLANEOUS. Buyer shall not assign any of its rights or obligations under these Terms or any purchase order without Seller ’s prior written consent. Buyer shall comply with all applicable laws. There are no third-party beneficiaries. Provisions which by their nature should survive will remain in force after any termination or expiration of any sale of Deliverables. The section headings are included solely for the convenience of the parties. By signing this quote you accept all of Fontaine's Terms and Conditions Quoted By:LES ISAAC Page 4 of 4 Quote #: 082015FORM-0051, Rev B Page 293 of 393 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov PUR-004 100621 CITY OF FAIRHOPE PURCHASING DEPARTMENT REQUEST FORM Under $5,000 No restrictions Not Required N/A N/A N/A $5,001 and greater Operational -Budgeted Three Council Required Required $5,001 – 7,500 Operational Budgeted Three Treasurer N/A N/A $7,501 - $15,000 Operational Budgeted Three Finance/Treasurer/ Mayor N/A N/A 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? Water Truck 2. What is the total cost of the item or service? $125,993.70 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Empire Truck Sales 6. Vendor Number: 21830 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? $120,000 3. Budget code: 001360-50470 Line 40 Email completed form with quotes and other supporting documentation to Cory.Pierce@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 294 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-563 FROM: Daryl Morefield, WATER SUPERINTENDENT Noel Berry, Utilities Engineer SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the City Utilities Engineer, Noel Berry, are requesting to find a qualified firm to provide professional engineering services for the design of a new 2.0 Million Gallon Elevated Water Tank and 24" Water Main. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: To approve the negotiated fee schedule from Southern Engineering Solutions, Inc. for RFQ PS26-010 Professional Engineering Services New 2.0 Million Gallon Water Tower and 24" Water Main and authorize the Mayor to execute a contract for the not-to-exceed amount of $1,055,000.00. BACKGROUND INFORMATION: The City Council approved the selection of Southern Engineering Solutions, Inc. as the result of PS26-010 Professional Engineering Services New 2.0 Million Gallon Water Tower and 24" Water Main and approved the Mayor to negotiate the contract fee schedule. The negotiated engineering services fees for this project are as follows: • Preliminary Engineering Design Phase: $590,000.00 • Bidding or Negotiating Phase: $15,000.00 • Construction Engineering & Inspection Phase (CE&I): $400,000.00 • Additional Services (materials testing, etc.): $50,000.00 The Mayor and Superintendent of Water/Wastewater would like to establish a not-to- exceed amount for Professional Engineering Services of One Million Fifty-Five Thousand Dollars ($1,055,000.00). This is a multi-year project so additional expense will be budgeted for in future years as applicable. Previous Council Action: Page 295 of 393 January 26, 2026 - Resolution No. 5710-26 That the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS26-010) for the New 2.0 Million Gallon Water Tower and 24" Water Main to Southern Engineering Solutions, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to- exceed fee to be approved by Council. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500-120 Water - System Imprv Distribution $500,000.00 TBD TBD 004010- 59501-50 Water - System Imprv Plants/Wells $4,000,000.00 TBD TBD Project No. 2026WAT-005 Total project budget for FY2026 portion is $4,500,000.00. This will be a multi-year project with additional expenses budgeted into future year (FY2027). All costs will need to be split between the Water Distribution and Water Plants/Wells throughout 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: Treasury to transfer $1,055,000.00 from CONS to ENG within Project Ledger for 2026WAT005. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 296 of 393 RESOLUTION NO. ________ , as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with Southern Engineering Solutions, Inc. for Professional Engineering Services for (RFQ PS26-010) for the New 2.0 Million Gallon Water Tower and 24” Water Main with a not-to-exceed contract amount of $1,055,000.00. DULY ADOPTED THIS 9TH DAY OF MARCH, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 297 of 393 AGREEMENT FOR ENGINEERING SERVICES This contract for professional services made and entered into this _______ day of ____________________, 2026, by and between the City of Fairhope, Fairhope, Alabama (hereinafter called the “OWNER”) and Southern Engineering Solutions, Inc. (hereinafter called the “ENGINEER”). WITNESSETH THAT: WHEREAS, the OWNER desires to have professional engineering services and consultation performed relative to the New 2.0 Million Gallon Water Tower and 24” Water Main Project (hereinafter called the “PROJECT”); WHEREAS, not having engaged any other engineers for the PROJECT, the OWNER desires to retain the ENGINEER as its sole and exclusive engineering and consulting firm for the PROJECT; NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the OWNER and the ENGINEER do agree, each with the other, as follows: ARTICLE 1. BASIC SERVICES The ENGINEER shall provide the OWNER the following basic professional engineering services and consultation: 1.1 The ENGINEER will serve as the Consultant Project Manager for the OWNER, to coordinate construction activities among contractors on multiple contracts as necessary. Preliminary Engineering Design Phase: 1.2 The ENGINEER will conduct preliminary studies and investigations of the proposed work, prepare preliminary cost estimates, and make recommendations as to the general type and quantities of work, which appear to be required. 1.3 The ENGINEER will perform boundary surveys and prepare the associated deed/easement legal descriptions as may be necessary for the proposed improvements. 1.4 The ENGINEER will perform or cause to be performed any required environmental assessments or make request for any required environmental concurrences including preparation of environmental permits as may be required by any agencies as necessary for the proposed improvements (payment for this service will be included in the ENGINEER’s compensation listed in Article 6.1). 1.5 The ENGINEER will prepare necessary Federal Aviation Administration (FAA), Alabama Department of Environmental Management (ADEM), Alabama Department of Transportation Page 298 of 393 2 (ALDOT) and Baldwin County utility and environmental permits as required for the design and construction of the PROJECT. 1.6 The ENGINEER will prepare applications, site plans and necessary documents, and attend necessary planning and/or zoning commissions or other associated meetings in order to assist the Owner in obtaining compliance to proceed with the project. 1.7 The ENGINEER will cause to be performed geotechnical sub-surface soils investigation, analysis, and reporting to be utilized in performing the design of the PROJECT (payment for this service will be included in the ENGINEER’s compensation listed in Article 6.1). 1.8 The ENGINEER will perform the necessary topographical and design survey, accomplish the detailed design, prepare plans, specifications and contract documents to be used for bidding the proposed improvements. Bidding or Negotiating Phase: 1.9 The ENGINEER will assist in receiving bids for the Project and make recommendations for awarding the contracts for construction. Construction Engineering & Inspection Phase: 1.10 The ENGINEER will make recommendations to the OWNER as to the relative merits of materials and equipment. 1.11 The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 1.10 The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of contractor(s). The ENGINEER will not, however, guarantee the performance by any contractor. 1.11 The ENGINEER will provide construction engineering and inspection of the work as construction progresses. The ENGINEER does not guarantee the performance of the contractor by the ENGINEER’S performance of such construction observation. The ENGINEER’S undertaking hereunder will not relieve the contractor of his obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner, will not make the ENGINEER an insurer of the contractor’s performance; and will not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. 1.12 The ENGINEER will provide Construction Materials Testing services as necessary for project construction. 1.13 The ENGINEER will review and approve contractor estimates for progress and final payments. Page 299 of 393 3 1.14 The ENGINEER will make final inspection of the completed improvements and make the necessary recommendations to the OWNER. 1.15 The ENGINEER will prepare as-built drawings of the completed improvements and provide them to the OWNER. 1.16 The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unforeseen project operating difficulties for a period of 1 year after the date of final inspection and acceptance of the facility by the OWNER. ARTICLE 2. RESPONSIBILITIES OF THE OWNER The OWNER will provide for the ENGINEER the following information and will do the following: 2.1 The OWNER will provide all criteria and full information as to the OWNER’S requirements for the project and will furnish all design and construction standards which the OWNER will require to be included in the engineering drawings, specifications, and operational narrative. 2.2 The OWNER will assist the ENGINEER by placing at the ENGINEER’S disposal all available information pertinent to the project. 2.3 The OWNER will arrange for access to and make all provisions for the ENGINEER to enter upon public and private property and perform surveying, testing and other data collection as required for the ENGINEER to perform services under this Agreement. 2.4 The OWNER will designate in writing a person to act as the OWNER’S representative with respect to the services to be rendered under this Agreement. Such person will have complete authority to transmit instructions and receive information. 2.5 The OWNER will provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, as well as such legal services as the OWNER may require or the ENGINEER may reasonably request with regard to legal issues pertaining to the Project. It is expressly understood and agreed that the ENGINEER itself will not furnish or render any legal opinions or legal interpretations as to matters of law or application of law. 2.6 The OWNER agrees to pay the cost of physical testing of materials and equipment to be incorporated in the work and other such analysis or testing when necessary or deemed advisable by the ENGINEER. 2.7 The OWNER agrees to provide or pay the cost of any required architectural or structural engineering services as may become necessary if the OWNER chooses to utilize the enclosed Page 300 of 393 4 area at the base of the tank for human occupancy or other use that may require such services when necessary or as may be deemed advisable by the ENGINEER. 2.8 The OWNER will select material finishes, colors, styles, and other details from samples presented by the ENGINEER/CONTRACTORS as needed. 2.9 The OWNER agrees to pay the cost of all permit application or agreement type fees directly to FAA, ADEM, ALDOT, planning and/or zoning commissions, or any other city, county, state or federal agencies as may be required. ARTICLE 3. PERIOD OF SERVICE 3.1 ENGINEER’S obligation to provide services as contained in Article 1 and attachments thereto, will extend for a reasonable period for the initial surveying, environmental, permitting, preliminary engineering and design, award of contracts and construction of the Project. 3.2 Upon notice from the OWNER, ENGINEER will proceed with the performance of the services called for in the Preliminary Engineering Design Phase, and to deliver Contract Documents and a revised opinion of probable Project Cost for all authorized work on the Project. 3.3 After acceptance of the Construction Contract documents and ENGINEER’S most recent opinion of probable Project Cost and upon written authorization to proceed, ENGINEER will proceed with performance of the services called for in the Bidding or Negotiating Phase. This phase will terminate and the services to be rendered thereunder will be considered complete upon commencement of the Construction Phase. 3.4 The Period of Service for Construction Engineering and Inspection Services during construction shall conclude at the completion time for the construction contract(s) as established in the construction contract documents. Time extensions or time overruns on the construction contract will require an extension to the Period of Service for engineering services. ARTICLE 4. RELATIONSHIP OF THE PARTIES 4.1 The parties intend that this Agreement creates an independent contractor relationship between them. The ENGINEER is a professional corporation and is not an agent or employee of the OWNER for any purpose. The ENGINEER cannot and will not represent that he has the authority to bind OWNER in any contractual manner. 4.2 Neither party is to represent to others that the relationship between them is other than as stated above. Page 301 of 393 5 4.3 Nothing under this Agreement will be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken in pursuant to this Agreement will be for the sole exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. 4.4 The OWNER and the ENGINEER each is hereby bound and the partners, successors, executors, administrators, legal representatives and assigns (to the Extent permitted by Paragraph 4.5 below) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrations, legal representatives and said assigns of such other party, in respect of all covenants, agreements, and obligations of this Agreement. 4.5 Neither the OWNER nor the ENGINEER will assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph will prevent the ENGINEER from employing such independent professional associates, consultants, subcontractors, and vendors, as the ENGINEER may deem appropriate to assist in the performance of services hereunder. ARTICLE 5. LIABILITY AND INDEMNITY 5.1 The ENGINEER will not be responsible for delays or obstacles attributable to acts of God, acts of third parties, weather, intervention of public authorities, work stoppages, changes in the applicable laws or regulations after the date of commencement of performance hereunder and any other acts or omissions or events which are beyond the control of the ENGINEER. 5.2 Estimates of cost, approvals, recommendations, opinions and decisions by the ENGINEER are made on the basis of the ENGINEER’S experience, qualifications, and professional judgment and are not to be construed as warranties or guarantees. 5.3 Notwithstanding any other provision of this Agreement, the ENGINEER'S total liability to the OWNER for any loss or damages from claims arising out of or in connection with this Agreement from any cause including the ENGINEER'S strict liability, breach of contract, or professional negligence, errors and omissions (whether claimed in tort, contract, strict liability, nuisance, by statute or otherwise) will not exceed the lesser of the total contract value of this Agreement or the limits of the ENGINEER'S liability insurance in effect at the time such claims are made. The OWNER hereby releases the ENGINEER from any liability exceeding such amount. In no event will either party to this Agreement be liable to the other for special, indirect, incidental or consequential damages, whether or not such damages were foreseeable at the time of the commencement of the work under this Agreement. 5.4 Any and all liability resulting from conditions not created or caused to be created by the ENGINEER will be the liability of the OWNER. Any and all liability that may arise from the Page 302 of 393 6 construction, ownership and/or operation of the improvements is solely the responsibility of the OWNER, and the OWNER hereby agrees to indemnify and hold the ENGINEER harmless from such liability, claims, actions, loss or damage, including but not limited to attorney's fees, arising therefrom. ARTICLE 6. COMPENSATION AND METHOD OF PAYMENT 6.1 The OWNER agrees to pay to the ENGINEER, in cash, five hundred ninety thousand dollars ($590,000) for the Preliminary Engineering Design Phase services listed in Article 1 to be paid in monthly installments as work progresses. 6.2 The OWNER agrees to pay to the ENGINEER, in cash, fifteen thousand dollars ($15,000) for the Bidding or Negotiating Phase services listed in Article 1 to be paid in monthly installments as work progresses. 6.3 The OWNER agrees to pay to the ENGINEER, in cash, four hundred thousand dollars ($400,000) for the Construction Engineering & Inspection Phase services listed in Article 1 to be paid in monthly installments as work progresses. 6.4 The OWNER agrees to pay to the ENGINEER, in cash, fifty thousand dollars ($50,000.00) for anticipated Additional Services that may be required for additional materials testing or other work, if requested in writing by the City of Fairhope Utilities Engineer. 6.5 The OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER’S compensation, that are mutually agreed upon by the OWNER and the ENGINEER, will be incorporated in written amendments to this Agreement. 6.6 If the Period of Service for construction observation or for engineering services during construction is extended due to times extensions or time overruns to the construction contract, compensation for these additional construction and engineering services during the extended Period of Service will be at the rates shown in the ENGINEER’S Standard Fee Schedule. ARTICLE 7. TERMINATION 7.1 This Agreement will be subject to termination by either party hereto, with or without cause, upon 10 days advance notice in writing. Payment due at such time will be computed upon applicable terms of Article 6 and amount of work complete as of the termination date. Page 303 of 393 7 ARTICLE 8. MISCELLANEOUS 8.1 This Agreement represents the entire and integrated Agreement between the OWNER and ENGINEER and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may only be amended, supplemented or modified by written instrument executed by both the OWNER and the ENGINEER. 8.2 It is understood and agreed by the parties hereto, that any part, term or provision of this Agreement is held by any court of competent jurisdiction to illegal or in conflict with any applicable law, the validity of the remaining portion or portions of this Agreement will not be affected and the rights and obligations of the parties will be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 8.3 It is expressively understood and agreed that the indemnity and insurance obligations of this Agreement, as well as the ENGINEER’S proprietary interest in its engineering drawings, and specifications, will survive the termination of this Agreement under Article 7 above. 8.4 All drawings, specifications and other work produced by the Engineer for this project are instruments of service for this project only and shall remain the property of the Engineer whether the project is completed or not. Reuse of any of the instruments of service of the Engineer by the Owner on extensions of this project or on any other project without written permission of the Engineer shall be at the Owner’s risk and the Owner agrees to defend, indemnify and hold harmless the Engineer from all claims, damages and expenses including attorney’s fees arising out of such reuse of the Engineer’s instruments of service by the Owner or by others acting through the Owner. Page 304 of 393 Project # 2026-WAT 005 Page 305 of 393 PRF - Prof Engineer - New Point Clear Water Tower & 24 in Water Main - Corrected Final Audit Report 2025-11-12 Created:2025-11-06 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAjg6gaH9Us3wLkpk_qPz57VwAUwJ_9A5Q "PRF - Prof Engineer - New Point Clear Water Tower & 24 in Wa ter Main - Corrected" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-11-06 - 3:08:33 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-11-06 - 3:09:12 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-11-06 - 3:15:47 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-11-06 - 3:16:07 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-11-06 - 3:16:09 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-11-12 - 6:52:09 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-11-12 - 6:52:11 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-11-12 - 8:31:01 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-11-12 - 8:34:20 PM GMT - Time Source: server Agreement completed. 2025-11-12 - 8:34:20 PM GMT Page 306 of 393 Page 307 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-620 FROM: Daryl Morefield, WATER SUPERINTENDENT Noel Berry, Utilities Engineer SUBJECT: The Superintendent of Water/Wastewater Department, Daryl Morefield, and the City Utilities Engineer, Noel Berry, would like to cancel this bid and re-bid with revised specifications to allow for a successful bid award and project for (Bid No.26-027-2026-WAT-007) Two Lime Slurry Systems City of Fairhope Treatment Plants 2 & 6. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: To approve to cancel (Bid No. 26-027-2026-WAT-007) Two Lime Slurry Systems City of Fairhope Treatment Plants 2 & 6; and authorize the re-bid of this project under Code of Alabama 1975, Section 41-4-138. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater Department, Daryl Morefield, and the City Utilities Engineer, Noel Berry, are requesting to hire a qualified contractor to furnish and install two (2) complete NSF/ANSI/CAN 61 Certified B-2 bulk slurry storage and feed systems at City of Fairhope Treatment Plants 2 & 6. This bid is a re-bid of Bid No. 26-020-2026-WAT-007 Two Lime Slurry Systems City of Fairhope Treatment Plants 2 & 6. After feedback from Contractors, it was determined that the specifications of the re-bid would not provide a successful bid award for this project. The Superintendent of Water/Wastewater Department and the City Utilities Engineer would like to cancel this bid and re-bid with revised specifications to allow for a successful bid award and project. This action is allowed under Code of Alabama 1975, Section 41 -4-138: Cancellation or Rejection of Bids, Proposals, Etc. When it is determined to be in the best interest of the state, as specified by rule, an invitation to bid, a request for propo sals, or other solicitation under this article may be cancelled, and any or all bids or proposals received may be rejected. Page 308 of 393 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: N/A LEGAL IMPACT: Reviewed by the City Attorney on 02/25/2026. 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 309 of 393 RESOLUTION NO. ________ [1] That the City Council approves to cancel (Bid No. 26-027-2026-WAT-007) Two Lime Slurry Systems City of Fairhope Treatment Plants 2 & 6; and authorize the re-bid of this project under Code of Alabama 1975, Section 41-4-138. ADOPTED ON THIS 9TH DAY OF MARCH, 2026 Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 310 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-618 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Resolution — That the Fairhope City Council authorizes the submission of an Alabama Coastal Area Management Program (ACAMP) grant to assist the Planning Department with developing stormwater/low impact development ordinances and authorizes Mayor Sherry Sullivan to sign all required grant application documents. The City will request $50,000.00 and will be required to do a 1:1 match of $50,000.00 (to be budgeted in FY2027) for a total project cost of $100,000.00. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: BACKGROUND INFORMATION: The Planning Department has been working on revising subdivision regulations and ordinances. Two of those are stormwater and low impact development. Because these are fairly technical in nature, it is beneficial to have an independent engineering/consulting firm who understands development regulations and engineering specs to help identify the best available data and potential challenges. ACAMP awards go out in October 2026 so if awarded we would be able to budget the $50,000.00 match into the FY2027 budget year and therefore will not have to find money in FY2026. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001120- 50290 Planning - Professional Services FY 2027 TBD TBD GRANT: Alabama Coastal Area Management Program (ACAMP) Page 311 of 393 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 312 of 393 RESOLUTION NO. ________ , as follows: [1] That the Fairhope City Council authorizes the submission of an Alabama Coastal Area Management Program (ACAMP) grant to assist the Planning Department with developing stormwater/low impact development ordinance/s and authorizes Mayor Sherry Sullivan to sign all required grant application documents. The City will request $50,000.00 and will be required to do a 1:1 match of $50,000.00 (to be budgeted in FY2027) for a total project cost of $100,000.00. ADOPTED ON THIS 9TH DAY OF MARCH, 2026 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 313 of 393 ANNUAL REQUEST FOR PROPOSALS ALABAMA COASTAL AREA MANAGEMENT PROGRAM The Alabama Department of Conservation and Natural Resources (ADCNR), State Lands Division, Coastal Section is accepting proposals for projects to be performed in the Alabama Coastal Area (defined as Mobile County and Baldwin County) for Fiscal Year 2027 (October 1, 2026 – September 30, 2027). This competitive funding opportunity is administered by State Land’s Alabama Coastal Area Management Program (ACAMP) utilizing federal funds currently anticipated to be provided by the National Oceanic and Atmospheric Administration (NOAA) pursuant to the Coastal Zone Management Act of 1972 (CZMA). ACAMP is accepting applications through this Request for Proposals for projects that protect, enhance, and improve the management of natural, cultural, and historical coastal resources and that increase the sustainability, resiliency, and preparedness of coastal communities. Proposals for planning and education and outreach projects must address coastal management issues related to at least one of the following focus areas:  Government Coordination and Local Government Planning  Coastal Hazards and Resilient Communities  Coastal Habitats, Wetland Protection and Coastal Resource Stewardship  Coastal Nonpoint Source Pollution Control Proposals for land acquisition and low-cost construction must be related to the following focus area:  Public Access to Coastal Resources: Construction or Land Acquisition Furthering Public Access Funding is geographically limited to Mobile and Baldwin Counties by provisions of the CZMA and requires a 1:1 ratio of non-federal matching funds. The preferred minimum funding amount is $20,000 federal funds; the preferred maximum is $50,000 federal funds. If selected, it is currently anticipated that funds will be available on or after October 1, 2026, for a period not to exceed 12 months. TO APPLY AND FOR DETAILS OF SUBMISSION REQUIREMENTS: Visit www.alabamacoastalprograms.com to view the Application Guidance and download the fillable Annual Funding Application form. You can also contact Coastal Section staff at 251-621-1216 for copies of these documents. ELIGIBLE APPLICANTS:  Units of coastal government including Mobile County, Baldwin County, and municipalities within those counties (and any boards, departments, agencies, corporations or instrumentalities of such coastal governments) or tribal governments within Mobile and Baldwin counties Page 314 of 393  Alabama state agencies whose activities affect or are affected by activities in the coastal area  Non-profits assisting coastal governments and/or state agencies with efforts to effectively exercise responsibilities and manage coastal resources for public benefit in the coastal area  Area-wide agencies, regional planning agencies, conservation districts, and port authorities  Alabama school districts, public colleges, universities, and other institutions of higher learning DEADLINE FOR PROPOSAL SUBMISSION: Friday, March 27, 2026 - 5:00 p.m. Proposals can be submitted by email, overnight courier, hand delivery or regular mail (however, due to recently experienced delays with regular mail, the listed alternative delivery methods are strongly suggested). For overnight courier, hand delivery and regular mail use the following address: State Lands Division Coastal Section c/o Will Underwood 31115 Five Rivers Boulevard Spanish Fort, AL 36527 Electronic submissions should be e-mailed in Portable Document Format (.pdf) to DCNR.Coastal@dcnr.alabama.gov with ACAMP Funding Application in the subject line. It shall be the sole responsibility of the submitting entity to ensure actual receipt by the State Lands Division, Coastal Section prior to this deadline. ADCNR makes no guarantee that any project proposal will be implemented. ADCNR does not discriminate on the basis of race, color, religion, age, sex, national origin, disability, pregnancy, genetic information or veteran status in its hiring or employment practices nor in admission to, access to, or operations of its programs, services, or activities. The Alabama Department of Conservation and Natural Resources promotes wise stewardship, management, and enjoyment of Alabama’s natural resources through four divisions: Marine Resources, State Lands, State Parks, and Wildlife and Freshwater Fisheries. To learn more about ADCNR, visit www.outdooralabama.com. ### Page 315 of 393 Page 1 of 13 ALABAMA COASTAL AREA MANAGEMENT PROGRAM Proposal Application Please use one application per project. Indicate Focus Area (check all that apply): A.Government Coordination and Local Government Planning B.Coastal Hazards and Resilient Communities C.Coastal Habitats, Wetland Protection and Coastal Resource Stewardship D.Coastal Nonpoint Source Pollution Control E.Public Access to Coastal Resources: Construction or Land Acquisition Furthering Public Access Title of Project: Location of Project (Include physical address and GPS coordinates in decimal degrees, if applicable): Applicant (Organization Name): Applicant Federal Identification Number: Applicant UEID Number: Federal Funding Request: $Non-Federal Match: $ Total Project Cost: $ Project Contact (within Organization): Title: Phone: E-Mail Address: Mailing Address: Authorized Representative (within Organization) to execute subaward agreement: Title: Phone: E-Mail Address: Mailing Address: rev. 02/2026 Page 316 of 393 Page 2 of 13 Complete all sections below using the Alabama Coastal Area Management Program Guidance at the following link: https://www.outdooralabama.com/coastalprograms Qualifying applications submitted by 5:00PM on Friday, March 27, 2026, will be scored using the evaluation criteria detailed in the Application Guidance. Please adhere to the word limit allotted for each section. Text boxes will only allow the specified word count. TITLE OF PROJECT: PROJECT DESCRIPTION: Provide a brief abstract of the project below (500 words or less). Page 317 of 393 Page 3 of 13 1.PURPOSE AND SCOPE OF WORK: Provide the proposed project purpose and scope of work to be conducted (1200 words or less). Page 318 of 393 Page 4 of 13 2.FOCUS AREA CONNECTION: Provide brief explanation on how the proposed project addresses issues related to the focus area(s) selected on page 1 (300 words or less). 3.PUBLIC BENEFIT: Briefly describe how the project fulfills an existing public need/benefit either directly and/or indirectly (300 words or less). Page 319 of 393 Page 5 of 13 4.OUTREACH: Describe any proactive public education and/or community outreach component(s) to be incorporated into the project (300 words or less). 5.PARTNERSHIPS AND SUPPORT: Identify any partners for the project (300 words or less). Page 320 of 393 Page 6 of 13 6.SCHEDULE: Outline the project schedule showing the progress and completion of key project tasks with associated outcomes and deliverables (300 words or less). 7.MEASURING SUCCESS AND NEXT STEPS: Describe how success of the project will be measured and next steps for the project following expiration of grant funding (300 words or less). Page 321 of 393 8.PROPOSED BUDGET: Please provide a categorized budget summary in the table below. Round to the nearest dollar. The total value of non-federal match must be equal to or greater than the federal funds requested. Project costs will be evaluated to ensure that they are reasonable and sufficient to successfully achieve project completion. Highest scoring projects will pose a high overall public benefit relative to its cost. Category Federal Funds Requested Value of Non- Federal Match CASH Value of Non- Federal Match IN- KIND Category Total Salary $ $ $ $ Fringe Benefits $ $ $ $ Travel $ $ $ $ Equipment Non- expendable item that costs over $10,000 per unit $ $ $ $ Supplies/Materials Item less than $10,000 per unit. (e.g. office supplies) $ $ $ $ Contractual1 Services to be completed by a third- party $ $ $ $ Other $ $ $ $ Indirect $ $ $ $ Total $ $ $ $ 1Applicants may choose to utilize a contractor or third-party to complete some or all of the proposed work. If any portion of the proposed project will be completed through a contract, NOAA requires a separate budget for that contract to be completed for transparency purposes. See the Contract Budget Supplement on the following page. Page 7 of 13 Page 322 of 393 Page 8 of 13 In the following table, provide a brief justification for the expenditures in each category above. Contract Budget Supplement Budget Justification: Provide a description of work to be performed by a third-party and identify the contractor, if known. The contractor must be selected in accordance with 2 CFR §200.320. Category Budget Salary Fringe Benefits Travel Equipment Non- expendable item that costs over $10,000 per unit Supplies Item less than $10,000 per unit. (e.g. office supplies, construction materials) Contractual For this section, complete the Contract Budget Supplement below. Other A copy of the applicant’s current NICRA must be attached to the Page 323 of 393 Page 9 of 13 Budget Category: The total value in this table must match the “Category Total” listed in the Contractual category above. If a contractor will not be selected until the grant is awarded, please indicate this in the budget justification above and estimate contractual budget amounts to the best of your ability. Contract Category Total Value Salary $ Fringe Benefits $ Travel $ Equipment $ Supplies/Materials $ Sub-Contractual1 $ Other $ Total $ 1If a contractor will sub-contract additional work, please include a separate budget and budget justification for that subcontract with the application package. Page 324 of 393 Page 10 of 13 A.Describe the types of data and/or information to be created during the course of the project. B.Describe the type of data collection method(s) (e.g. consumer GPS, survey grade GPS, aircraft, ship, etc.). 9.DATA MANAGEMENT PLAN: NOAA requires that grantees and subaward grant recipients comply with data management requirements as outlined in NOAA Administrative Order 2 12-15. If data will be collected and/or created as a part of the proposed project, please describe the types of data and data collection methods below. If this project is selected for funding, Coastal Section staff will assist the project applicant in completing a data management and sharing plan for the project. However, it will be the sole responsibility of the applicant to satisfactorily complete data management plan requirements in order to receive funding. Page 325 of 393 10. PROJECT ELIGIBILITY FOR PUBLIC ACCESS IMPROVEMENTS: Complete the following section for proposed public access improvement projects. If this project is selected for funding, Coastal Section Staff will assist the project applicant in completing a more detailed Section 306a Public Access Questionnaire for the project. However, it will be the sole responsibility of the applicant to satisfactorily complete the requirements of the public access questionnaire in order to receive funding. Follow this link for additional information. https://coast.noaa.gov/data/czm/media/guide306a.pdf A.306A Objectives (Check all that apply): □306A(b)(1)(A) (preservation or restoration of areas seaward of the legislatively defined 10 foot elevation contour as designated in the Alabama Coastal Area Management Program in accordance with CZMA section 306(d)(9) □ 306A(b)(1)(B) (preservation or restoration of coastal resource of national significance or restoring or enhancing shellfish production/cultch) Identify coastal resource: □306A(b)(2) (redevelopment of deteriorating or underused urban or working waterfronts designated as areas of particular concern in the state’s coastal management program) Identify the area of particular concern: □306A(b)(3) (providing public access to coastal areas) □306A(b)(4) (development of process for aquaculture) B.306A Allowable Uses (Check all that apply): □306A(c)(2)(A) (fee simple or other interest in land 306A(c)(2)(B) (low-cost construction projects, including most restoration projects) □306A(c)(2)(C)(ii) (shoreline stabilization/living shorelines) □306A(c)(2)(C)(i) (revitalize urban or working waterfronts-piers) □306A(c)(2)(C)(iii) (revitalize urban or working waterfronts-pilings) □306A(c)(2)(D) (engineering designs, specifications, other 306A reports) □306A(c)(2)(E) (educational, interpretive, and management costs, including signage and kiosks and aquaculture permitting processes) Page 11 of 13 Page 326 of 393 C.Public Benefit The project must meet all of the following criteria to be eligible for 306A funding: 1.The project will be for public benefit. □ YES □ NO 2.The project will be located on a property that is publicly owned or accessible via a publicly held easement. In the case of acquisition, the property will become publicly owned and accessible as a result of the project. □ YES □ NO 3.The project will not improve private property and will not have a primary purpose of private or commercial gain. □ YES □ NO If the answer to any of the above questions is “NO,” the project is not eligible for Section 306A funding. 4.The state or sub-recipient will need to secure an easement or lease to conduct the project because the state or sub-recipient does not own the property. □ YES □ NO If the answer to the above question is “YES,” attach a copy of the easement or lease to this questionnaire and answer questions c5 and c6 below; if “NO,” go on to c7. 5.What is the term of the easement or lease? (Provide date of expiration or specify if in perpetuity): 6.The easement or lease contains a reversionary clause. □ YES □ NO □ N/A If yes, attach a copy of the reversionary clause to this questionnaire. 7.The project will be open to the general public. □ YES □ NO □ N/A If the answer to c7 is “NO,” the project is not eligible for Section 306A funding unless access is to be limited for a legitimate reason, such as public safety, resource restoration or protection, or scientific research. Attach an explanation for why the project will not be open to the public and describe the public benefits that would be provided by the project in absence of the project being open to the general public. For example, a rain garden or living shoreline may provide Page 12 of 13 Page 327 of 393 water quality and ecosystem benefits, but not be “open” to the public for the purposes of access or recreation. 8.The public will be charged a user fee to access the project. □ YES □ NO □ N/A If the answer to c8 is “YES,” attach an explanation for the user fee, including the amount, whether there will be differential fees (and a justification thereof), the need for the fees, and proposed use of the revenue. The revenue from access fees must be used to maintain the public access site. For additional details, see Section 306A Guidance, Section 2.4.4. Page 13 of 13 Page 328 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-610 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Gas Superintendent, Wes Boyett, is requesting to find a qualified firm to provide professional engineering services for the Natural Gas Engineering Consulting Services - Natural Gas System Leak-Prone Piping Restoration Project (Cast Iron Replacement Phase III). AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: To approve the selection of Magnolia River Services, Inc. by the evaluation team for (RFQ PS26-002) Natural Gas Engineering Consulting Services - Natural Gas System Leak-Prone Piping Restoration Project (Cast Iron Replacement Phase III) and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: A Request for Qualifications was issued on October 17, 2025, posted to the City of Fairhope’s website, and advertised in Gulf Coast Media for three (3) weeks. Four (4) responsive proposals were received at the bid opening on November 13, 2025, at 10:00 a.m. The proposals were evaluated by five (5) City of Fairhope staff (see attached Evaluation Score Sheet). The recommendation by the Gas Superintendent, Wes Boyett, and the evaluation team is to hire Magnolia River Services, Inc., for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500 Gas - Utility System Improvements GRANT: N/A LEGAL IMPACT: Page 329 of 393 N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: Gas will assign a Project No. to this line item. Treasury will create project and corresponding project budget in Project Ledger when negotiated not-to-exceed fees are approved. Project No.: 2026GAS--- | Project Expense String: 2026GAS----ENG = $TBD This is part of Gas Utility System Improvements and is budgeted there (002-59500) not to be included in Professional Services general ledger account (002-50290). Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 330 of 393 RESOLUTION NO. ________ , as follows: [1] That the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS26-002) Natural Gas Engineering Consulting Services – Natural Gas System Leak-Prone Piping Restoration Project (Cast Iron Replacement – Phase III) to Magnolia River Services, Inc.; and hereby authorize Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 9TH DAY OF MARCH, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 331 of 393 Page 332 of 393 Page 333 of 393 Page 334 of 393 Page 335 of 393 Page 336 of 393 Page 337 of 393 Page 338 of 393 Page 339 of 393 Page 340 of 393 Page 341 of 393 Page 342 of 393 Page 343 of 393 Page 344 of 393 Page 345 of 393 Page 346 of 393 Page 347 of 393 Page 348 of 393 Page 349 of 393 Page 350 of 393 Page 351 of 393 Page 352 of 393 Page 353 of 393 Page 354 of 393 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 Tristan Kennedy CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Notes: Page 355 of 393 PRF - Prof Engineer RFQ for Cast Iron Pipe Phase 3 Final Audit Report 2025-09-30 Created:2025-06-17 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAK897spAUNefPd79TkGO6GhK5I0C2qLJh "PRF - Prof Engineer RFQ for Cast Iron Pipe Phase 3" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-06-17 - 4:14:12 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-06-17 - 4:14:36 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-06-17 - 4:27:26 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-06-17 - 4:33:11 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-06-17 - 4:33:13 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-06-17 - 4:34:41 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-09-28 - 8:35:12 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-09-28 - 8:35:14 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-09-30 - 11:49:38 AM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-09-30 - 11:51:41 AM GMT - Time Source: server Page 356 of 393 Agreement completed. 2025-09-30 - 11:51:41 AM GMT Page 357 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-616 FROM: Jeff Montgomery SUBJECT: The Director of Information Technology, Jeff Montgomery, is requesting the procurement of the renewal of the Munis Financial Database and associated programs from Tyler Technologies, Inc. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: To approve the procurement the procurement of the renewal of the Munis Financial Database and associated programs from Tyler Technologies, Inc. This procurement is exempt based on Code of Alabama 1975, Section 41-16-51(15). The total amount not- to-exceed $159,145.21. BACKGROUND INFORMATION: The Director of Information Technology, Jeff Montgomery, is requesting the procurement of the renewal of the Munis Financial Database and associated programs from Tyler Technologies, Inc. The total amount not-to-exceed One Hundred Fifty-Nine Thousand One Hundred Forty-Five Dollars and Twenty-One Cents ($159,145.21). The breakdown of costs includes: Touchscreen 10: Proximity Reader Maintenance (Qty:19): $4,769.00 Bid Management - Subscription: $1,076.25 Concurrent Users (Qty: 30): $31,500.00 Permits & Code Enforcement - Subscription: $3,748.50 Tyler Forms Processing - Subscription: $3,901.80 Content Manager Core - Subscription: $4,402.65 General Billing: $2,713.47 Enterprise ERP Office - Subscription: $1,345.05 Tyler Reporting Services (Microsoft SQL Server) - Subscription : $2,690.10 Utility Billing CIS - Subscription : $5,560.80 Accounts Receivable - Subscription : 1,883.70 Accounting / GL / BG / AP: $5,786.55 Asset Maintenance - Site License - Subscription : $2,691.15 Payroll w/ESS - Subscription : $8,129.10 Cashiering - Subscription : $2,935.80 Central Property Files - Subscription : $346.50 Parks and Recreation - Subscription : $3,701.25 Capital Assets - Subscription : 2,152.50 Page 358 of 393 Inventory - Subscription : $2,152.50 Citizen Self Service (Tyler Hosted) : 1,883.70 GASB 34 Report Writer - Subscription : $3,521.70 Cash Management - Subscription : $1,345.05 Contract Management - Subscription : $880.95 Purchase Orders - Subscription: $2,152.50 Business Licenses - Subscription : $1,824.90 Project & Grant Accounting - Subscription : $1,614.90 eProcurement - Subscription : $1,345.05 GIS - Subscription : $1,179.15 BMI Asset Track Interface - Subscription : $1,076.25 Role Tailored Dashboard - Subscription : $1,345.05 Requisitions - Subscription : $1,345.05 Human Resources & Talent Management - Subscription : $5,174.40 Notify includes 30,000 Msgs and 1,000 Mins per Year : $6,615.00 Utility Billing API Toolkit - Subscription : $4,612.65 Inventory Mobile - Subscription : $3,271.80 Recruiting - Subscription : $1,179.15 Advanced Scheduling w Mobile Access - Up to 50 Employees : $5,607.32 Time & Attendance w Mobile Access - Up to 500 Employees : $21,683.97 The procurement is exempt 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. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Various- 50300 Departmental Computer Expense $161,984.00 $159,145.21 $2,838.79 Departmental budgeted expense allocation attached. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Page 359 of 393 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 360 of 393 RESOLUTION NO. _______ , as follows: [1] That the City of Fairhope has voted to approve the procurement of the renewal of the Munis Financial Database and associated programs from Tyler Technologies, Inc.; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15). The cost will not-to-exceed $159,145.21. ADOPTED ON THIS 9TH DAY OF MARCH, 2026 Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 361 of 393 Remittance: Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Questions: Phone: 1-800-772-2260 Press 2 Email: ar@ty lertech.com IN VOI CE Document No. Cl 100-00243278 Date 12/31/25 Bill To : FAIRHOPE , AL CITY OF ATTN : DEE DEE BRANDT Delivery To : FAIRHOPE, AL CITY OF ATTN : DEE DEE BRANDT 555 S SECTION STREET -P.O. DRAWER 429 FAIRHOPE , AL 36533 Cust # 47908 Cust PO# Contract Date 10/26/23 01/26/23 01/26/23 01/26/23 01/26/23 01/26/23 07/19/23 01/26/23 Bill to Address ID LOC000026222 Deli very Address ID LOC000026222 Sales Order SBI 1000-000003753 Description Touchscreen 10: Proximity Reader Maintenance 02/01/2026 -01/31/2027 Bid Management -Subscri ption 02/01/2 026 -01/31/2027 Concurrent Users 02/01/2026 -01/31/2027 Permits & Code Enforcement -Subscription 02/01/2026 -01/31/2027 Ty ler Forms Processing -Subscription 02/01/2026 -01/31/2027 Content Manager Core -Subscription 02 /01/2026 -01/31/2027 General Billing 02/01/2026 -01/31/2027 Enterprise ERP Office -Subscription 02/01/2026 -01/31/2027 Cu rrency USD 01/26/23 Tyler Reporting Services ( Microsoft SOL Server ) - Subscription 02/01/2026 -01/31/2027 01/26/23 Uti lity Bill ing C IS -Subscription 02/01/2026 -01/31/2027 01/26/23 Accounts Receivable -Subscription 02/01/2026 -01/31/2027 01/26/23 Accounting I GL /BG/ AP 02/01/2026 -01/31/2027 01/26/23 Asset Maintenance -Site License -Subscription 02/01/2026 -01/31/2027 01/26/23 Payroll w/ESS -Subscription 02/01/2026 -01/31/2027 01/26/23 Cashiering -Subscription 02/01/2026 -01/31/2027 01/26/23 Central Property File -Subscription 02/01/2026 -,01/3j 2.0 L, F FAIRHOPE FEB 2 3 2026 1.:crs PAYABLE 555 S SECTION STREET -P.O. DRAWER 429 FAIRHOPE, AL 36533 Te rms Net45 Billing Schedule 200-2023W3H5S2 Quantity Unit Price 19 $251 .00 $1 ,076 .25 30 $1 ,050 .00 $3,748.50 $3,901 .80 $4,402 .65 $2 ,713.47 $1 ,345 .05 $2,690 .10 $5,560 .80 $1,883.70 $5,786.55 $2 ,691 .15 $8,129 .10 $2,935 .80 $346 .50 Due Date 2/14/2026 Extended Price $4,769 .00 $1 ,076 .25 $31 ,500 .00 $3 ,748 .50 $3,901.80 $4,402 .65 $2 ,713.47 $1 ,345.05 $2 ,690 .10 $5 ,560 .80 $1 ,883 .70 $5 ,786 .55 $2,691 .15 $8 ,129 .10 $2 ,935.80 $346 .50 Page 1 of 3 Page 362 of 393 Contract Date 01/26/23 01/26/23 01/26/23 01/26/23 01/26/23 01/26/23 01/26/23 01/26/23 01/26/23 01/26 /23 01/26/23 01/26/23 01/26/23 01/26/23 01,126/23 01/26/23 10/04/23 05/13/25 03/31 /25 01/26/23 10/26/23 10/26/23 Description Remittance: Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Da ll as, TX 75320-3556 Questions: Phone: 1-800-772-2260 Press 2 Email : ar@tylertec h.com Parks and Recreation -Subscription 02/01/2026 -01/31/2027 Capita l Assets -Subscription 02/01/2026 -01/31/2027 Inventory -Subscription 02/01/2 026 -01/31/2027 Citizen Self Service (Tyler Hosted) 02/01/2026 -01/31/2027 GASB 34 Report Writer -Subscription 02/01/2026 -01/31/2027 Cash Management -Subscription 02/01/2026 -01/31/2027 Contract Ma nagement -Subscription 02/01/2026 -01/31/2027 Purchase Orders -Subscription 02/01/2026 -01/31/2027 Business Licenses -Su bscription 02/01/2026 -01/31/2027 Project & Grant Accounting -Subscription 02 /01/2 026 -01/31/2027 eProcurement -Subscription 02/01/2026 -01/31/2027 GIS -Subscription 02/01/2 026 -01/31/2027 BMI Asset Track Interface -Subscription 02/01/2026 -01/31/2027 Role Tai lored Dashboard -Subscripti on 02/01/2026 -01/31/2027 Requ isitions -Subscription 02/01/2026 -01/31/2027 Human Resources & Talent Management -Subscription 02/01 /2026 -01/31/2027 Notify includes 30 ,000 Msgs and 1,00 0 Mins per year 02 /0 1/2026 -01/31/2027 Utility Billing API Toolk it -Subscription 02/01/2026 -01/31/2027 Inventory Mobile -Subscription 02/01/2026 -01/31/2027 Recruiting -Subscription 02/01/2026 -01/31/2027 Advanced Scheduli ng w Mo bile Access -Up to 50 Employees 02/01/2026 -01/31/2027 Time & Attendance w Mobile Access -Up to 500 Employees 02/01/2026 -01/31/2027 IN V OI CE Document No. Cll00-0 0 243278 Quantity Unit Price $3 ,701 .25 $2 ,152 .50 $2 ,152.50 $1 ,883 .70 $3 ,521 .70 $1 ,345 .05 $880 .95 $2,152 .50 $1 ,824 .90 $1 ,614 .90 $1 ,345 .05 $1,179.15 $1 ,076 .25 $1 ,345 .05 $1 ,345 .05 $5 ,174.40 $6 ,615 .00 $4,612 .65 $3,271 .80 $1,179 .15 $5 ,607 .32 $21 ,683 .97 Date 12/31/25 Extended Price $3 ,701 .25 $2 ,152.50 $2 ,152 .50 $1 ,883 .70 $3 ,521.70 $1 ,345 .05 $880 .95 $2 ,152 .50 $1 ,824 .90 $1 ,614 .90 $1 ,345 .05 $1 ,179 .15 $1 ,076.25 $1 ,345 .05 $1 ,345.05 $5 ,174.40 $6,615 .00 $4 ,612 .65 $3 ,271 .80 $1 ,179 .15 $5 ,607 .32 $21 ,683 .97 Page 2 of 3 Page 363 of 393 Remittance: Tyler Technolog ies, Inc . (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320 -3556 Questions: Phone : 1-800 -772-2260 Press 2 Email : ar@tylertech .com ** ATTENTION** Order your checks and forms from Tyler Business Forms at 877-749-2090 or Tylerbusinessforms.com to guarantee 100% compliance with your software. INVOICE Document No . Cll00 -00243278 Subtotal Sales Tax Total Date 12/31/25 $ 159,145 .21 $0 .00 $ 159,145 .21 Page 3 of 3 Page 364 of 393 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. Tyler tech (Munis, Time, Notify) 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? Yearly Renewal 2. What is the total cost of the item or service 159145.21 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Tyler Tech 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? 3. Budget code: 50300 – XLS attached Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 365 of 393 Total Price $159,145.21 001100 $31,600.00 19.86% 001120 $8,760.00 5.50% 001130 $6,900.00 4.34% 001140 $3,400.00 2.14% 001150 $10,500.00 6.60% 001160 $7,411.21 4.66% 001170 $1,000.00 0.63% 001180 $6,700.00 4.21% 001190 $5,600.00 3.52% 001200 $1,750.00 1.10% 001240 $1,634.00 1.03% 001250 $9,200.00 5.78% 001260 $3,200.00 2.01% 001270 $1,500.00 0.94% 001300 $3,200.00 2.01% 001340 $2,700.00 1.70% 001350 $4,700.00 2.95% 001460 $3,400.00 2.14% 001500 $5,500.00 3.46% 001550 $4,200.00 2.64% 000002 $9,590.00 6.03% 000003 $11,300.00 7.10% 004010 $7,700.00 4.84% 004020 $7,700.00 4.84% $159,145.21 100.00% Page 366 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-591 FROM: Sherry Sullivan, Mayor SUBJECT: Memorandum of Understanding between The Fairhope Arts and Crafts Festival Foundation and The City of Fairhope. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between The Fairhope Arts and Crafts Festival Foundation and The City of Fairhope. 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 367 of 393 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between The Fairhope Arts and Crafts Festival Foundation and The City of Fairhope. Adopted on this 9th day of March, 2026 ______________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 368 of 393 Memorandum of Understanding and Agreement Modification to Original Agreement 1. The Fairhope Arts and Crafts Festival Foundation (hereafter known as the Foundation) shall have the exclusive and sole authority, ownership and control of the operations and all activities related to or in any way associated with the Fairhope Arts and Crafts Festival (hereafter known as the Festival) event. All proceeds originated from any marketable item such as t-shirts and posters shall go to the Foundation. 2. The name of the Festival, including its annual distinction, shall belong to the Foundation. 3. All monies related to the Festival shall be controlled by the Festival/Foundation. All in kind and monetary sponsorships relating to the Festival/Foundation shall be controlled and owned by Festival/Foundation. 4. The Foundation will continue to provide financial support through donations to nonprofit organizations within the City that actively promote, enhance, and support the arts for the benefit of the community. 5. The Foundation also agrees to promote the City at the highest level of sponsorship level. Likewise, 6. The City agrees to provide the Foundation with the use of the streets of the City of Fairhope on the third full weekend of March for the duration of this agreement as set out in previous agreements for the Fairhope Arts and Crafts Festival. The request is for the following streets from 5:00 pm Thursday until 8:00 pm on Sunday on Festival weekend. ● Magnolia Avenue from Bancroft Street west to Church Street ● Magnolia Avenue from Bancroft Street to School Street, including the parking area behind the Public Library ● Section Street from the south side of Regions building on North Section Street continuing south to the approximate area of Greer’s/Food Tiger ● Fairhope Avenue from Bancroft Street west to the barricades set at Summit Street ● Church Street from the southern entrance into the public parking garage south to the entrance into the parking area at Fairhope’s Park ● De La Mare Avenue between Church Street and Section Street ● Johnson Avenue between Section Street and Bancroft Street ● Gaston Plaza located at the corner of Fairhope Avenue and Section Street. 7. The City shall continue to provide the Festival with the same protection and service that has made it an integral part of the Festival for years. Page 369 of 393 This shall include: The use of the Fairhope Civic Center on the Friday evening of Fairhope Arts and Crafts Festival Weekend for the Festival’s annual Artist Award Dinner, including the availability of the Civic Center during the day on Friday for dinner setup and preparation. “No Parking” signage placed in appropriate areas on the Thursday morning of Festival setup and the placement of appropriate barricades and cones to control traffic flow and promote safety for the weekend. Coordination between the Festival Committee and City to provide appropriate security for the weekend, including traffic control during artist booth setup on Thursday evening. Provide water/sewer services for the Food Court as provided each year with the appropriate fee paid to the City by each food vendor in need of these services. 8. The City shall add the Festival, its committee members and volunteers and the Foundation and its members, as additional insureds under its special events insurance policy. 9. The Festival has worked with the Eastern Shore Art Center and Thomas Hospital for many years and looks forward to that continued partnership. The City shall not attempt to include new partner(s) in the Festival weekend without the agreement of the Foundation. 10. The Foundation reserves the right to cancel or postpone the event as a result of an event or effect that could not have been anticipated or controlled such as an Act of God, a Pandemic, or Government Restrictions. The Foundation reserves the right to make final interpretations of all rules and regulations. This Memorandum of Understanding and Agreement shall be in effect for a twenty-year term beginning July 1, 2026, until June 30, 2046, with a twenty-year option at the City Council’s discretion; and unless modified by joint written agreement of the Foundation and the City Council. Dated: 9th day of March 2026 ______________________________ James Reid Conyers Jr, Council President City of Fairhope ______________________________ Laura English Fairhope Arts & Crafts Foundation Board ______________________________ Jodi Holland Fairhope Arts & Crafts Foundation Board Page 370 of 393 Page 371 of 393 Page 372 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-612 FROM: Lisa Hanks, CITY CLERK SUBJECT: Resolution — That the City Council hereby approves Maker's Market to execute a renewal of a one-year sublease with Hope Community for their outdoor market located in the "Parking Lot Area of the Property"; and must have a Certificate of Insurance naming the City of Fairhope as additional insured. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 373 of 393 RESOLUTION NO. ________ That the City Council hereby approves Maker's Market to execute a renewal of a one-year sublease with Hope Community for their outdoor market located in the "Parking Lot Area of the Property"; and must have a Certificate of Insurance naming the City of Fairhope as additional insured. ADOPTED ON THIS 9TH DAY OF MARCH, 2025 ______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 374 of 393 RESOLUTION NO. ________ That the City Council hereby approves Maker's Market to execute a renewal of a one-year sublease with Hope Community for their outdoor market located in the "Parking Lot Area of the Property"; and must have a Certificate of Insurance naming the City of Fairhope as additional insured. Any additional leases and/or permission would have to come back to City Council for approval ADOPTED ON THIS 9TH DAY OF MARCH, 2025 ______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 375 of 393 RES OLUTI ON NO. 5413 -25 BE IT RES OLVED BY THE GOVERNING BOD Y OF THE CITY OF FAIRHOPE, ALA B AMA, That the City Council hereby approves for the Maker's Market to execute a one-year lease with Hope Community for their outdoor market located in the "Parking Lot Area of the Property"; and must have a Certificate of Insurance naming the City of Fairhope additional insured. Any additional leases and/or permissions would have to come back to City Council approval. ADOPTED ON THIS 14TH DAY OF APRIL, 2025 Attest: Page 376 of 393 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 04/18/2025 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Next First Insurance Agency, Inc. rA~~NJ_ c ... ,. (855) 222-5919 I FAX IA/C Nol: PO Box 60787 E-MAIL Palo Alto, CA 94306 ADDRESS: support@nextinsurance .com INSURERISI AFFORDING COVERAGE NAIC# INSURER A: State National Insurance Company, Inc. 12831 INSURED INSURERS : Mobile Bay Maker's Market 6925 Twin Beech Rd INSURERC: Fairhope, AL 36532 INSURERD: INSURERE : INSURERF: COVERAGES CERTIFICATE NUMBER: 293770973 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF ,~<ii~ LTR ,,.,.,n ,a,un POLICY NUMBER IMMIDDIYYYY\ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 -LJ CLAIMS.MADE 0 occuR uAMAut:S (ERENTED PREMISES Ea occurrence I $100,000.00 -MED EXP (Any one person) $15,000.00 A X NXTF7WRW3L-OO-GL -06/14/2024 06/14/2025 PERSONAL & ADV INJURY $1,000,000 .00 GEN'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 Fl POLICY □ jrg: □LOC PRODUCTS -COMP/OP AGG $2,000,000.00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IEa accident\ I---- AN Y AUTO BODILY INJURY (Per person) $ -OWNED ~ SCHEDULED AUTOS ON LY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED iP~~~~~RAMAGE AUTOS ONLY AUTOS ONLY $ --$ UMBRELLA UAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.l. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.l. DISEASE -EA EMPLOYEE $ If ~es, describe under D SCRIPTION OF OPERATIONS below E.l. DISEASE -POL.ICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The Certificate Holder is City of Fairhope . This Certificate Holder is an Additional Insured on the General Liability poli~ per the Additional Insured Automatic Status Endorsement. All Certificate Holder privileges apply only if required by written agreement between the Certificate Hoder and the insured, and are subject to policy terms and cond1t1ons. CERTIFICATE HOLDER CANCELLATION Cirr of Fairhope LIVE CERTIFICATE 16 N Section St II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fa irhope, AL 36532 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE . u--r I Click or scan to view © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 377 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-611 FROM: Lisa Hanks, CITY CLERK SUBJECT: Resolution — That the Fairhope City Council hereby accepts the Gift of Furniture and Copier to the City of Fairhope being used in the Pecan Building from Vitale Care, LLC. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 378 of 393 RESOLUTION NO. ______ That the Fairhope City Council hereby accepts the Gift of Furniture and Copier to the City of Fairhope being used in the Pecan Building from Vitale Care, LLC. Adopted on this 9th day of March, 2026 _____________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 379 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-709 FROM: Lisa Hanks, CITY CLERK SUBJECT: Voting Delegate during the annual meeting of the Alabama League of Municipalities. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council hereby authorizes and selects Sherry Sullivan (Mayor) to be the Voting Delegate during the annual meeting of the Alabama League of Municipalities. 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 380 of 393 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby authorizes and selects Sherry Sullivan (Mayor) to be the Voting Delegate during the annual meeting of the Alabama League of Municipalities. ADOPTED THIS 9TH DAY OF MARCH, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 381 of 393 VOTING DELEGATE SELECTION FOR THE ANNUAL MEETING The membership's Annual Business Meeting will be held at 4:00 p.m., April 30, 2026, at the Embassy Suites in Montgomery. The League Constitution contains the following provision pertaining to voting powers of member municipalities at the Business Meeting: “Each member municipality shall have one vote on any issue voted on during the annual meeting of the League membership, and that vote may only be cast by the delegate authorized by the governing body of the member municipality.” The League is mailing every mayor and clerk notice of the voting delegate selection process and the official Voting Delegate Authorization form. The letter is also included as an attachment in this email. The Voting Delegate Authorization form can be downloaded by clicking here. The appointment of the voting delegate, and alternates, is made by the City or Town Council by majority vote. One completed form for each member municipality must be returned to the League by April 13, 2026, for its delegate to be eligible to cast a vote. We encourage our members to promptly put this on the council meeting agenda so the council may vote in a timely manner on its appointment of delegates. You may return the form to our office in one of three ways: Return form to: Alabama League of Municipalities by US mail, fax, or email. P.O. Box 1270, Montgomery, Alabama 36102 Fax: (334) 263-0200 Email: DPascal@almonline.org Thank you for your attention to this matter. We look forward to seeing you in Montgomery! Page 382 of 393 VOTING DELEGATE AUTHORIZATION FORM The City or Town Council must select the voting delegates, and this form must be completed and returned to the Alabama League of Municipalities on or before April 13, 2026, in order for the municipality named below to be eligible to have its designee cast a vote at the Annual Business Meeting of the League on Thursday, April 30, 2026, at 4:00 p.m. The Following person(s) is authorized to cast the municipality’s vote at the business session of the Annual Convention of the Alabama League of Municipalities on April 30, 2026. Please print the requested information 1. Voting Delegate: ___________________________________________ Name ___________________________________________ Title 2. 1st Alternate Voting Delegate: Votes only in absence of Voting Delegate ___________________________________________ Name ___________________________________________ Title 3. 2nd Alternate Voting Delegate: Votes only in absence of Voting Delegate & 1st Alternate ___________________________________________ Name ____________________________________________ Title ------------------------------------------------------------------------------------------------------------------------------------------ Voted on by the City or Town Council on this the __________ day of _____________________, 2026 Form Completed by: _______________________________ __________________________________ (Please Print) Name Title _______________________________ _________________________________ City/Town Date Return form to: Alabama League of Municipalities P.O. Box 1270, Montgomery, Alabama 36102 or by Fax to (334) 263-0200 or Email to DPascal@almonline.org The League Constitution REQUIRES that Voting Delegates and Alternates be Elected Municipal Officials and they must be selected by a vote of the City or Town Council. Deadline to submit completed form is April 13, 2026! Page 383 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-627 FROM: Lisa Hanks, CITY CLERK SUBJECT: Application for Special Events Retail License by Thomas Bratton McGregor, Bottles Up Mobile Inc. d/b/a Bottles Up Mobile, Apiary event on March 19-22, 2026 at 85 N. Bancroft St., Fairhope, AL 36532. AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 384 of 393 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36S33 251/928-2136 Revised 09/2013 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 NAMEThcJr\l'\ot( ~~Ito~ McAn:t~or ssN#_· ____ _ AGE~DATE oF BIRTH_ ~PLAce oF BIRTH DbPlhran ~au di Ar'lt:>i'li\ MAILING ADDRESS toiLH-1 Tay1or H:IAYt'« rMvd. U}'(,U1ui f>c3'{ 1 r'Hc ~lpl-ff HOME# __________ WORK# __________ _ CELL #~ ___ FAX# __ ~--------- RESIDENCE ADDRESS SQMf,, CA( 0,b OVf., NO.YEARS AT PRESENT ADDRESS %' NO.YEARS AT PREVIOUS ADDRESS tJ PREVfousADDREss 11151 ff:ull'J u+. Crrar, d 6ay, t'tL-n•eS-41 NAME AND ADDRESS OF BUSINESS_.. . (:toi0Y\1 -"; ft '1-'3 J22 ()V-tnt is N )oti\t1vrutt St Fvu'YVlPt?-l, f}L,, 3Le5'32 NAME oF coRPORATroN 0att1e, £ up Md l?i'J e Ink • Bus1NEss LocArroN 8S N 130n orffl ~t. Fo\iYVJ£1f£, ftk• '3u5'31.. HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE \/c..,S ·------ IF so . WHERE Mu~ilt ~ Bald 11ffrlJNDER WHAT NAME t3etl1t-1 k1ri Md1170t 111£-. HAS APPLICANT EVER BEEN ARRESTED____.N.Q_JF SO , WHERE. ______ _ WHEN _____ WHAT WAS CHARGE. ____________ _ DISPOSI TION, _____________________ _ LIS T THREE REFERENCES : NAME ADDRESS PHONE NUMBER lr~K,\( vYOWt-y" ~1'lll 13rew.n-tr e,,t . r.b'{Vffei ~ WI ,.u1 c/ utt o5 Si1>tte.~ro ui l)r.pJ Jo "1 f;\ V\ OlA Ile,,, ?.111 s~~~Vftitt\dPPlnui::: . - V Page 385 of 393 City of Fairhope Alcoholic Beverage License Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 011 • PACKAGE STORE LICENSE -Allows sale of llquor, wine, or beer at Retail, TO GO -only. No one under age 21 aHowed on premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10111 of each month on the purchase price paid for aH ~quor for use or resale by the licensee. __ 010-LOUNGE LIQUOR LICENSE-Allows sale of fiquor, wine, o, 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:f' of each month on the purchase price paid for all liquor for use or resale by the licensee . 031-CLUB LIQUOR LICENSE-Allows sale of liquor, wine, or beer but must meet ABC --Board's "dub" regulations. A fiquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10., of each month on the purchase price paid for an liquor for use or resale by the licensee. __ 020 -RESTAURANT LIQUOR LICENSE -Aftows sale of tiquor, wine, or beer for on-premises consumption only and 51 % of gross receipts must come from the sale of food . A liquor tax of 10% City limits or 5% Police Jurisdiction is due the 101h of each month on the purchase price paid for all liquor for use or resale by the licensee . X 140 -SPECIAL EVENTS LICENSE __ 160 -SPECIAL RETAJL LICENSE -More than 30 days _ 040 • BEER ON/OFF PREMISES LICENSE -AHows sale of Beer Only, on and off consumption. _ 050 -BEER OFF-PREMISES LICENSE-Allows sale of Beer Only, TO GO only . _ 060 -WINE ON/OFF PREMISES LICENSE -Allows sale 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. SIGNATURE (FULL NAME) DATE NOT APPROVED BY COUNCIL _____ DATE __ _ City Clerk APPROVED APPROVED BY 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 1he License. Page 386 of 393 INCORPORATION MEMBERS Applicant: J3ott1 e,r LiP Md~t'le, lni. .dfb1a1 e, otties: Ut2 M®ilc, The following persons have a proprietary of profit interest in this business: (not needed for corporations whose stock is traded on a recognized stock exchange) Name J\10M Q( 6ra tton f\1cd2tfq2Y'Social Security Number_---- Date of Birth__ _ __ Age_ _Place ofBirthQbaJbrt:tn fat.di ftv-111,;Jq Mailing Address l Ol,'-U".I !t\\f lOr Karper: Slvd. Wk1Vl0 &\t/, I'll.--~ltS4 I Position with the Business_-P~t ...... l ..... .f.,_IL.j'(j~e,n<.L_,_tL.-________________ _ Telephone Number_· _____ _ 'Driver License N'umber • _ State 1\1· Name ______________ SociaJ Security Number ________ _ Date ofBirth _________ Age ____ Place of Birth ________ _ Mailing Address __________________________ _ Position with the Business ------------------------ Te I e phone Number ________ Driver License Number _____ State ___ _ Name ______________ Social Security Number ________ _ Date ofBirth __________ Age _____ Place of Birth ________ _ Mailing Address __________________________ _ Position with the Business ------------------------ Telephone Number ________ Driver License Number _____ State ___ _ Name Social Security Number ----------------------- Date ofBirth _________ Age ______ Place ofBirth'---------- Mailiog Address. __________________________ _ Position with the Business ______________________ _ Telephone Number ________ Driver Lic ense Number _____ State ___ _ Page 387 of 393 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-628 FROM: Sherry Sullivan, Mayor Andrea Booth, Councilmember SUBJECT: Appointment to the Library Board AGENDA DATE: March 9, 2026 RECOMMENDED ACTION: That the City Council appoint Gustavo Douaihi to the Library Board for a 4-Year Term which shall end March 2030. 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 388 of 393 LIBRARY BOARD NOMINEE (S) 4-Year Term APPOINTMENTS Gustavo Douaihi The term shall end March 2030 REAPPOINTMENTS Page 389 of 393 Lisa A. Hanks, MMC From: Sent: To: Subject: Trustees FPL Wednesday, February 25, 2026 6:29 AM Sherry Sullivan ; Lisa A. Hanks, MMC; Andrea Booth Recommendation for New Tru stee for the Fairhope Library Board Good Morning, Ladies! I believe you are aware that Debra Langham's term on the Fairhope Public Library's Board of Trustees expires at the end of February . Receiving copies of the Library Board applications from Ms. Hank's office I emailed each of the 15 applicants to ask if they were still interested in serving on the Board. We ended up with 10 people who are interested in serving on the Library Board at this time . We set up meetings with each applicant which were attended by 2 current Trustees (I was part of every meeting , but the second Trustee attending the meetings was rotated .among Anne, Dan , and Andy). The Library Director was also able to attend 7 of the meetings . We shared a little about the role of the Board and then asked each applicant the same 7 questions . We also gave each applicant time to ask us questions . After each meeting , the two trustees in attendance rated the responses to each question with a number from 1 (low) to 10 (high). The highest possible score was 70. On Monday, Feb. 23 at 2 :00 the Library Board of Trustees had a called open meeting and went immediately into Executive Session to discuss the 10 applicants. We reviewed each person 's scores and discussed our thoughts about the applicants . The person with the highest score is the person we would like to recommend to the City Council. That person is Gustavo Douaihi. The Trustees who met with him were impressed with his sincere interest in serving his community as a member of the Library Board of Trustees. He is an avid , weekly patron of our library; something we believe is an essential attribute in anyone selected to serve as a Trustee . We would like to send his name to the City Council. Please let me know if you have any questions. Thank you! Sincerely, Randal 1 Page 390 of 393 City Council seeks to have diversity In mak ing appointment to boards and committees . It Is the policy of the City Council to make appointments based on the needs of the City as well as the Interests and qualifications of each applicant. In accordance with the Code of Alabama, all applicants must be qualified electors and tax payers In the City, exclu d ing the Pla nning Commission. All applications flied with the City Clerk will be public record. First Name: Gustavo Last Name: Doua1h i Mobile !'hone Number 22sn202ss E-matt:• gdoualhl@gmail .com Home Address • Street Address 2 9 Orl eans Dnve Address ne2 City Fairhope Postal/Ztp Code 36532 Business Address Street Address Address Une 2 C,ty Postal/Z ip Code Name of Board or CommlttH:* 1brary Boa rd Education Background • Bachelor of Sc ence in Geology, ou,s,ana State University 2003 Professional Licenses and/or Associations • Phone Number: State/Province/Region AL Country United States of Amer ca State/Province/Region Country Reg istered Profess1o f'lal Geoiog st (20 1 to present) ( labama Louisiana. M1ss1ss1pp 1, and Texas) Baton Rouge Geo logical Society (2004 to present Professional Experience • Page 391 of 393 GHD (former 1y Con estoga-Rove rs and Associates)• 200 to present (worldwide eng neerlng fir ). • Based 10 Baton Rouge, Louisiana from 2004 to 2022. • Based in Fairhope, Alabama from 2022 to present Civic Interests end/or service Memberships • • Big Brothers Big Sisters mentor • Member of Mobile Baykeepers How do your quellflcatlons best serve the needs of the community?• First and foremost I am an avid Fairhope library user, and so ls y four year old son . We take trips to the library at least once week y, sometimes more . We chec out numerous books of different genres and part clpate in library sponsored act ~ltles. The brary Is m} son's favorite p ace r Fair ope. I also worked at the Louisiana State Umversity chem istry library for four years. so I have a bit of experience and knO't\-how about libra , innerworkmgs. Resume fou may anach a resume with this application (PDF Only} Gustavo Doualh l CV for Library Board.pdf Signature 86.75KB Page 392 of 393 Gustavo E. Douaihi 9 Fairhope, Alabama, Unlt@d States ■ gdoualhi~gmail.com □ 225 772-0258 Cl lnigustavo-douaihi-p-1-16118416b EXPERIENCE Project Manager and Geologist GHD Fri>ruary 2004 -Present, Fairhope, AL • Project manager with strong leadership and communication skills, and significant experience in remediation. Performed hundreds of site assessments and reports for small and large scale environmental, geotechnical, biological, engineering, and construction projects. Student Worker LSU Chemistry Ubrary January 2000 -August 2004, Baton Rouge, LA • Performed various hbrary duties, such as helping patrons, checking books in/out, shttlf reading and organizing, and other library related errands and tasks. Lab Research Assistant LSU Coastal Studies/Coastal Ecology Institutes • Performed numerous lab duties under the direction of Dr. Jaye cable and Dr. Sam Bentley. Geochemistry Internship Department of Geology and Geophysics, Louisiana State UniYenity . • Performed geochemistry research under the direction of Dr.~ Hanor. EDUCATION Bachelor of Science in Geology Louisiana State University • Baton Rouge, LA • 2003 • International Student Scholarship ' Geology Field camp Scholarship CERTIFICATIONS Registered Professional Geologist Alabama, Louisiana, Mississippi, and Texas INVOLVEMENT Mentor Big Brothers Big Sisters of the Central Gulf Coast • Current volunteer/mentor to young child in Eastern Shore area. Volunteer Front Yard Bikes September 2000 -July 2003, Baton Rouge, LA January 2003 -May 2003, Baton Rou~, LA • Volunteered with after school program in Baton Rouge, LA, including tutoring and translating. Member/Committee Volunteer Baton Rouge Geological Society • Sat in various committees in the organization to promote community invol •ement and science education. outreach Coordinator/Various Tasks LSU Baptist Collegiate Ministry • Performed numerous leadership and outreach tasks. SKILLS Fully bilingual (native proficiency) in English and Spanish. Page 393 of 393