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ORDINANCE NO. 1656
AN ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA, TO AMEND
ORDINANCE NO. TO EXTEND MORATORIUM ON THE FILING
OF REZONING, SITE PLAN APPROVAL AND MULTIPLE
OCCUPANCY PROJECT APPLICATIONS WITHIN THE
CORPORATE LIMITS OF THE CITY OF FAIRHOPE
WHEREAS, the City Council of the City of Fairhope, Alabama (the ''City") adopted Ordinance
No. 1631 on December 20, 2018, which, among other things, imposed a moratorium on
acceptance of rezoning applications, site plan applications, and Multiple Occupancy Project
applications for all areas along the Greeno Road Corridor by the City of Fairhope Planning
Commission (the "Moratorium") for a period of time extending until October I, 2019; and
WHEREAS, the purposes of the Moratorium were to give the City the opportunity to complete
the Visual Preference Survey (VPS), consider the results of the same, to consider and implement
efforts to properly plan and manage the Greeno Road Corridor, including, without limitation,
amendments to the City's Zoning Ordinance and/or Subdivision Regulations, or the enactment of
new ordinances; and
WHEREAS, the City has been pursuing these purposes with due diligence, including, but not
but limited to, by considering revisions to the Zoning Ordinance to implement a Greeno Road
Corridor overlay and obtaining Input from the public concerning the same, but has been and will
be unable to implement such measures within the current timeframe of the Moratorium; and
WHEREAS, the City Council has determined that the extension of the Moratorium hereinafter
set forth will promote the general health, safety, and welfare of the City as a whole.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
DOES ORDAIN AS FOLLOWS:
Section
Section 2.
Section 3.
Moratorium Extended. Section 3 of Ordinance No. 1631 is hereby amended so
that the Moratorium is extended through and including December 31, 2019,
unless terminated sooner by action of the City Council. E.xcept as provided in
this amending ordinance, all other provisions Ordinance No. 1631 shall remain
effective for the duration of the Moratorium as herein extended.
Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of
this ordinance be pre-empted by state or federal law or regulation, such decision
or pre-exemption shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or circumstances.
Effective Date. This Ordinance shall be effective immediately upon passage and
publication as required by law.
ADOPTED BY THE CITY COUNCIL AT A REGULARLY
SCHEDULED MEETING THEREOF ON THE mi DAY SEPTEMBER. 2019
Karin W. Wilson, Mayor
ATTEST:
City Clei