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Home My WebLink AboutO-1871ORDINANCE NO. 1871 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 and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; 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 forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Article III known as "Zoning Districts" and Article IX known as "Definitions and Interpretation". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: THAT, Article III, Section A: Purpose and Intent, be hereby amended to add the following: 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. 2. THAT, Article IX, Section B.1.: Dwelling Use Category, be hereby repealed and replaced as follows: 1. Dwelling Use Category — a. Single Family Dwelling— a detached Building with only one Dwelling Unit designed for and occupied by one Family. b. Two Family Dwelling — a detached Building with only two Dwelling Units designed for and occupied by or for occupancy by two families. c. Townhouse — a 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. d. [Reserved] e. Patio/Garden Home — a detached Dwelling Unit located on its own lot, having only one side yard required or detached Building with only two Dwelling Units designed for and occupied by two families, with a small courtyard, patio or side yard required for each Dwelling Unit. Ordinance No. 1871 Page -2- f. Multiple-Family/Apartment — a Building or Buildings with three or more 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 Building or any single Dwelling Unit has a common wall or floor with more than two other Dwelling 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 that are not accessory to any of the other uses. k. Accessory Dwelling Unit — a Dwelling Unit that is associated with and incidental to a principal use, and is on the same lot as the principal use. 3. THAT, Article IX, Section B.2.k.: Public Utility, be hereby repealed and replaced as follows: 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, of compliance with the Fairhope Subdivision Regulations and Comprehensive Plan, may be required for all public utility facilities. 4. THAT, Article IX, Section B.3.c.: Home Occupation, be hereby repealed and replaced as follows: c. Home Occupation — an operation for gain or support conducted only by members of a Family residing on the premises limited in its use and not in a manner detrimental to the character of the surrounding neighborhood. 5. THAT, Article IX, Section B.5.v.: Wholesale Establishment, be hereby repealed and replaced as follows: v. Wholesale Establishment — business establishments that generally sell commodities in large quantities or 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. THAT, Article IX, Section C: Defined Terms, be amended to repeal and replace the following terms: Deck: An extension of a building or Dwelling Unit attached at or below floor level and having no walls or roof, railings may be provided; includes the term balcony. Ordinance No. 1871 Page -3- Family: One (1) or more persons occupying a single 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, Family is defined as only those persons related by blood, marriage or adoption and using common cooking facilities within a single Dwelling Unit. 7. THAT, Article IX, Section C: Defined Terms, be amended to add the following terms: 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. 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. 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. 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. Upper Story Dwelling: A Dwelling Unit intended for a single-family in Mixed Used Buildings in which no less than 75% of the first floor is occupied by Commercial Uses. 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. Ordinance No. 1871 Page -4- Effective Date — This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 27TH DAY OF JULY, 2026 Ja es Reid Conye ,, Jr. uncil President ATTEST: a A. H nks, City Clerk �e -� W ` �v w 6 CC LLa ADOPTED THIS 27TH DAY OF JULY, 2026 Sherry Sull an, Mayor I