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HomeMy WebLinkAboutO-1876 - An Ordinance to Amend Ordinance No. 1253 Amendments Site Plan Application Review Approval Procedures (ZC 25.07)ORDIN ANCE NO. 1876 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 de scribed belo w: 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 vanous 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 Counci l made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Review Procedure s for Site Plan Approvals (Article II , Section C .2). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT , the title of Article II , Section C.2., be hereby amended , repealed , and replaced as follows: 2. Site Plan Application, Review , and Approval Procedures 3. THAT , Article II , Section C .2.a, be hereby repealed and replaced as follows: a. Projec ts R equiring Site Plan Application, Review, and Approval - Notwithstanding anything in the Code of Ordinances to the contrary , in the following circumstances a Site Plan App lication 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 busines s-zoni ng 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 imperviou s area of more than 30% of the lot ( excluding the building); or (2) Projects located in any zo ning district where such project wi ll contain any Mixed-Use Building, Convalescent or Nursing Home, Automobile Service Station, Automobi le Repair, Recreational Vehicle Park, Hotel , Motel , or Entertainment Venue. Severability Clause -If any part , section or subdivision of this Ordinance shall b e 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. 1876 Page -2- Effecti ve Date -This Ordinance shall take effect immediately upon its due adoption and publication as required by law . ADOPTED THIS 27TH DAY OF JULY , 2026 ATTEST: ~/4~-= "saA.Hnh,MMc City Clerk ADOPTED THIS 27TH DAY OF JULY , 2026 , Mayor