HomeMy WebLinkAboutO-1875ORDINANCE NO. 1875
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 Table 3-1, Table 3-2, and Table 3-3.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA:
1.THAT, Article III, Section B.l., Table 3-1: Use Table, be hereby amended as
follows:
Remove columns "PUD", "VRM", "NVC", and "CVC"; and
Add columns "REC-1" and "REC-2"; and
Use Category "Two-family" shall be amended to "Two-Family"; and
Use Category "Multiple-family / Apartment" shall be amended to "Multiple
Family / Apartment"; and
Use Category "Mixed use" shall be amended to "Mixed-Use Building"; and
Zoning District R-5 shall be amended to allow Multiple-Family / Apartment Use
Permitted subject to Special Conditions listed in the ordinance; and
Zoning District B-1 shall be amended to remove Single-Family, Two-Family, and
Townhouse Uses, and allow the Mixed-Use Building Use Permitted subject to
Special Conditions listed in the ordinance; and
Zoning District B-2 shall be amended to remove Single-Family, Two-Family, and
Townhouse Uses, and allow the Mixed-Use Building Use Permitted subject to
Special Conditions listed in the ordinance; and
Zoning District B-3a shall be amended to remove the Multiple-Family/ Apartment
Use, and allow Mixed-Use Building Use Permitted subject to Special Conditions
listed in the ordinance; and
Ordinance No. 1875
Page -2-
Zoning District B-3b shall be amended to remove the Multiple-Family/ Apartment
Use, and allow Mixed-Use Building Use Permitted subject to Special Conditions
listed in the ordinance; and
Zoning District B-4 shall be amended to remove the Townhouse Use, and allow
Mixed-Use Building Use Permitted subject to Special Conditions listed in the
ordinance; and
Zoning District HT D shall be amended to remove the Townhouse Use, and allow
Multiple-Family/ Apartment and Mixed-Use Building Uses Permitted subject to
Special Conditions listed in the ordinance; and
Zoning District REC-1 shall be amended to add Public Open Space, Common
Open Space, Community Center or Club, Outdoor Recreation Facility, and Indoor
Recreation Uses Permitted subject to general ordinance standards and conditions,
and Public Utility and Marina Uses Permitted only on appeal and subject to
special conditions; and
Zoning District REC-2 shall be amended to add Public Open Space, Common
Open Space, Community Center or Club, Outdoor Recreation Facility, and Indoor
Recreation Uses Permitted subject to general ordinance standards and conditions,
and Public Utility and Marina Uses Permitted only on appeal and subject to
special conditions; and
For convenience, Exhibit A includes visual representations of both a "Final" and
"Redlined" version of the above-referenced amendments to Table 3-1.
2.THAT, Article III, Section C.1., Table 3-2: Dimension Table -Lots and Principle
Structure be hereby amended as follows:
The column title for "Dimension, District or Use", be repealed and replaced with
"Zoning District"; and
Add column "Max. Impervious Area k"; and
Zoning District R-1 shall be amended to add a 45% Max. Impervious Area; and
Zoning District R-l a shall be amended to add a 30% Max. Impervious Area; and
Zoning District R-1 b shall be amended to add a 30% Max. Impervious Area; and
Zoning District R-l c shall be amended to add a 30% Max. Impervious Area; and
Zoning District R-2 shall be amended to add a 42% Max. Impervious Area; and
Zoning District R-3 shall be amended to add a 40% Max. Impervious Area; and
Zoning District R-3 PGH shall be amended to add a 37% Max. Impervious Area;
and
Zoning District R-3 TH shall be amended to repeal and replace Min. Lot Area /
Allowed Units Per Acre (UPA) with "20,000 sf/-", to repeal and replace Min. Lot
Width with "80"', to repeal and replace Side Setback with "20' c", and to add a
50% Max. Impervious Area; and
Ordinance No. 1875
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Zoning District R-4 shall be amended to remove "for two dwelling units plus 6,500
s.f. for each additional unit/ 7 UP A" from the Min. Lot Area / Allowed Units Per
Acre (UP A) column, and to remove "for two dwelling units plus 5' for each
additional unit" from the Min. Lot Width column; and
Zoning District R-5 shall be amended to remove "for two dwelling units plus 4,100
s.f. for each additional unit/ 10 UPA" from the Min. Lot Area / Allowed Units Per
Acre (UP A) column, and to remove "for two dwelling units plus 5' for each
additional unit" from the Min. Lot Width column; and
To remove superscript "l" from all columns and rows within Table 3-2: Dimension
Table -Lots and Principle Structure, and
For convenience, Exhibit B includes visual representations of both a "Final" and
"Redlined" version of the above-referenced amendments to Table 3-2.
3.THAT, Article III, Section C. 1., Table 3-2: Dimension Table -Lots and Principle
Structure footnotes be hereby repealed and replaced as follows:
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 principal
structure, the side setback shall be 15 feet. Driveways shall not be within
three (3) feet of the side lot line. The area between the side lot line and
driveway shall be vegetated and remain pervious.
c.A minimum side yard, as required by Article III, Section D.2 may be
located within the 20-foot 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 feet.
f.Where a lot abuts residential property to the rear, the rear setback shall be
20 feet
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.1.R-6 Districts may be larger than five (5) acres provided they meet all the
special design requirements of Article V., Section D.S.
J.Central Business District 40 feet.
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 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 pre-developed condition.
For convenience, Exhibit B includes visual representations of both a "Final" and
"Redlined" version of the above-referenced amendments to Table 3-2.
Ordinance No. 1875
Page -4-
4.THAT, Article III, Section C.2., Table 3-3: Dimension Table -Residential
Accessory Structures be hereby amended as follows:
The column title for "District or Use", be repealed and replaced with "Zoning
District", and
5.THAT, the amendments contained in this Ordinance related to "Max. Impervious
Area" contained in Article III, Section C.1., Table 3-2 Dimension Table-Lots and
Principal Structure shall not take effect until January 1, 2027, with the current restrictions
of Zoning Ordinance (No. 1253) stated in Article III, Section C.1, Table 3-2 Dimension
Table-Lots and Principal Structure remaining in effect until January 1, 2027.
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, with the exception of the amendment related to "Max.
Impervious Area" contained in Article III, Section C. l ., Table 3-2 Dimension Table-Lots
and Principal Structure, which specifically shall take effect on January 1, 2027.
ADOPTED THIS 27TH DAY OF JULY, 2026
ATTEST:
�� City Clerk
ADOPTED THIS 27TH DAY OF JULY, 2026