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HomeMy WebLinkAboutO-1697ORDINANCE NO. 1697 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed and altered as described below; WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS , the proposed amendments relate to Non-Conforming Lots; and, WHEREAS , after the appropriate public notice and hearing of ZC 20.08, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; THAT, Article VII, Section D. Non-Conforming Lots be hereby amended to read as follows: D. Non-conforming Lots Where a lot, tract or parcel of/and has an area or width that does not conform to the requirements of the district in which it is located, the lot may be used for a detached single-family dwelling except in the M-1 and M-2 Industrial Districts. A single detached family dwelling may be constructed in an R-1 , R-2, R-3, R-4, or R-5 Residential District provided the lot to be so used has a minimum area of four thousand (4 ,000) square feet and a minimum lot width at the building line of forty (40) feet, provided it is located on a public sewer. Yard requirements shall be modified subject to the following conditions: I. On double.frontage lots (interior lots abutting two (2) streets) the required.front yard shall be provided on each street. 2. The side yard requirements for substandard lots of record may be reduced for each side yard at the rate of one (I) foot for each four ( 4) feet by which the lot width lacks fifty (50) feet, provided in no event shall such side yard be reduced to less than five (5) feet on each side . 3. The minimum front setback required for the district (and, on corner lots , the street side setback) shall not apply to any lot where the average front building line(s) of the adjacent lot(s), is less than the minimum setback required for the district. In such cases, the front building line may be the same as the average front building lines(s) of the adjacent lot(s). In no case , shall the.front building line be more than 5 ' less than the minimum setback required for the district. 4. On corner lots, the street side yard sha ll be that part of the lot having its greatest frontage abutting that right-of way and the required setback shall be 20 feet, unless otherwise provided herein. 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. Ordinance No . 1697 Page -2- Effective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 25th day of January, 2021. Attest: ~~ City Clerk Adopted and approved this 25th day of January, 2021. zc 20.08 Zoning Text Amendment PROPERTY ADDRESS: Cit y-wid e PARCEL ID: N/ A MASTER PLAN: N/A ZONING DISTRICT : All zoning d istri cts REQUEST : Staff request t he p assage of a n amen d men t to the Fairhope Zoning Ordinance1 Article V/11 Section D. Non-Conforming Lots t o re ad as follows: D. Non -c onformin g Lots Where a lot, tract or parcel of land has an area or width that does not conform to the requirements of the district in which it is located, the lot may be used for a detached single- family dwelling except in the M-1 and M-2 Industria l Districts. A single detached family dwelli ng may be constructed in an R-1 , R-2 , R -3 , R-4, or R -5 R esidential District provided the lot to be so used has a minimum area of four thousand (4,000) square feet and a minimum lot width at the building line of forty (40) feet, provided it is located on a publ ic sewer. Yard requirements shall be modified subject to the following conditions : 1. On doub le frontage lots (interior lots abutting two (2) streets) the required.front yard shall be provided on each street. 2. The side yard requirements for substandard lots of record may be reduced for each side yard at the rate of one (1) foot for each four (4) feet by which the lot width lacks fifty (50) feet, provided in no event shall such side yard be reduced to less than five (5) feet on each side . 3. The minimum front setback required fo r the district (and, on co rn er lots, the street side setback) shall not apply to any lot where the average front building line(s) of the adjacent lot(s), is less than the minimum setback required for the district. In such cases, the front building line may be the same as the average front building lines(s) of the adj acent lot(s). In no case , shall the front building line be more than 5 ' less than the minimum setback required for the district. 4. On corner lots, the street side yard shall be that part of the lot having its greatest.frontage a butting that r ight-of-way and th e required setback shall be 2 0 feet, unless otherwise provided herein. STAFF RECOMMENDATION: Staff recommends to approve as requested . PLANNING COMMISSION RECOMMENDATION: Art Dyas made a motion to accept the staff recommendation to approve as amended. John Worsham 2nd the motion and the motion carried with the following vote: AYE -Art Dyas, Rebecca Bryant, Harry Kohler, John Worsham, Lee Turner, and Jason Langley . NAY -none . ABSTENTION -Hollie MacKellar.