HomeMy WebLinkAboutO-1872 - An Ordinance to Amend Ordinance No. 1253 Amendments Mixed Use Building (ZC 25.07)ORDINANCE NO. 1872
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, Section D.14 Mixed -Use
Buildings.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA:
THAT, Article III, Section D, be hereby amended to add the following:
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.
(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
Ordinance No. 1872
Page -2-
(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
(iv) 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
(i) A minimum of one (1) Dwelling Unit may be permitted,
regardless of the aforementioned 3,630 square foot size
requirement, for all legal lots in existence prior to (ENTER
EFFECTIVE DATE OF THIS ORDINANCE). Any and all new
lots created after (ENTER EFFECTIVE DATE OF THIS
ORDINANCE) shall conform to the Maximum allowable Gross
Density.
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 75% 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 25% of the
ground floor.
2. THAT, Article V, Section H.3.A(20), be hereby amended as follows:
(20) Mixed -Use Buildings
3. THAT, Article V, Section H.3.E, be hereby amended to remove:
(2) Mixed -use buildings shall be vertically mixed in use. Retail uses shall be
placed at street level.
Ordinance No. 1872
Page -3-
4. THAT, Article V, Section I.5.c, be hereby amended to remove:
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.
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 27TH DAY OF DULY, 2026
Ja e Reid Conyer r.
C cil President
ATTEST:
0
isa . anks, C
City Clerk
ADOPTED THIS 27TH DAY_OF JULY, 2026
Sherry Sullil4n; Mayor