HomeMy WebLinkAboutO-1873ORDINANCE NO. 1873
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 II, Section D.13 Multi-Family/Apartments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA:
1. THAT, Article IIl, Section D, be hereby amended to add the following:
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
(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 (1) 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% of the total area of the parcel
(ii) Maximum number of stories: Two (2)
(iii) Maximum building height: 30 feet
Ordinance No. 1873
Page -2-
(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 (2) 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 Dwelling 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.
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.
ATTEST:
a A. anks, M C
ity Clerk
ADOPTED THIS 27TH DAY OF JULY, 2026
4ciReid ConyerX.
l President
ADOPTED THIS 27TH DAY OF JULY, 2026
Sherry Sulli n, Mayor